CHAPTER 282

FORMERLY

HOUSE BILL NO. 197

AN ACT TO AMEND CHAPTER 57, TITLE 25 OF THE DELAWARE CODE RELATING TO LANDLORD/TENANT CODE APPEAL PROCEDURES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Section 5717, Chapter 57, Title 25 of the Delaware Code, by striking said Section in its entirety and substituting in lieu thereof the following:

"§5717. Stay of Proceedings on appeal

With regard to non-jury trials, a party aggrieved by the judgment rendered in such proceeding may request in writing within five (5) days after judgment a trial de novo before a special court comprised of three (3) justices of the peace other than the justice of the peace who presided at the trial, as appointed by the Chief Magistrate or his designee, which shall render final judgment, by majority vote, on the original complaint within ten (10) days after such request for a trial de novo. No such request shall stay proceedings on such judgment unless the aggrieved party, at the time of malting such request, shall execute and file with the court an undertaking to the successful party, with such bond or other assurances as may be required by the court, to the effect that the aggrieved party will pay all costs of such proceedings which may be awarded against him and abide the order of the court therein, and pay all damages including rent justly accruing during the pendency of such proceedings. All further proceedings in execution of the judgment shall thereupon be stayed.

With regard to jury trials, a party aggrieved by the judgment rendered in such proceeding may request in writing within five (5) days after judgment a review by an appellate court comprised of three (3) justices of the peace other than the justice of the peace who presided at the the jury trial, as appointed by the Chief Magistrate or his designee. This review shall be on the record, and the party seeking the review must designate with particularity the points of law which he feels were erroneously administered at the trial court level. The decision on the record shall be by majority vote. No such request shall stay proceedings on such Judgment unless the aggrieved party, at the time of making such request, shall execute and file with the court an undertaking to the successful party, with such bond or other assurances as may be required by the court, to the effect that the aggrieved party will pay all costs of such proceedings which may be awarded against him and abide the order of the court therein, and pay all damages including rent justly accruing during the pendency of such proceedings. All further proceedings in execution of the judgment shall thereupon be stayed."

Approved June 28, 1984.