CHAPTER 40

FORMERLY

SENATE BILL NO. 22

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 95, PART VII, TITLE 10 OF THE DELAWARE CODE RELATING TO COURTS AND JUDICIAL PROCEDURE; AND PROVIDING FOR THE USE OF CASH AS SECURITY ON APPEAL

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

Section 1. Amend §9571, Chapter 95, Part VII, Title 10 of the Delaware Code by adding thereto the following new subsections:

"(e) On appeal, a cash deposit may be made In lieu of a bond with security. When a cash deposit is made In lieu of a bond on appeal, the cash deposit shall be retained until the final determination of the cause, and shall be subject to the lien of the judgment appealed from and costs, Interest thereon, and the costs of the appeal."

Section 2. Amend §9572, Chapter 95, Part VII, Title 10 of the Delaware Code by striking the title of said section, and substituting in lieu thereof the following:

"§9572. Bond With Surety; Form"

Section 3. Amend §9572, Chapter 95, Part VII, Title 10 of the Delaware Code by striking the ninth word ("appeal") of subsection (a), and substituting the words "appeal with surety bond" In lieu thereof.

Section 4. Amend §9572, Chapter 95, Part VII, Title 10 of the Delaware Code by striking the words "The entry" as the same appear In subsection (b), and substituting the words 'Where a bond with surety is used as security on the appeal, the entry" In lieu thereof.

Approved June 28,1985