OF COSTS IN CIVIL ACTIONS.
AN ACT to Authorize the Allowance of Counsel Fees to Parties Obtaining Judgment in any Cause, Action or Proceeding in any Court of Record in this State, brought on Notes, Bonds, Mortgages or other Instruments of Writing.
Be it enacted by the Senate and House of Representatives of the State of Delaware, in General Assembly met:
Section 1. That in all causes of action, suits, matters or proceedings brought for the enforcement of any note, bond, mortgage or other instrument of writing, if the plaintiff or lien holder in said action, suit or proceeding shall recover judgment in any sum, he shall also be entitled to recover reasonable counsel fees, which shall be entered as a part of the decree or judgment in said action, suit or proceeding, providing, however, that such counsel fees shall not in any such action, suit or proceeding, exceed five per centum of the amount decreed for principal and interest; and further provided, that such counsel fees shall not be entered as a part of such decree or judgment, excepting as the note, bond, mortgage or other instrument of writing sued upon shall, by the terms thereof expressly provide for the payment and allowance thereof.
Approved March 19, A. D. 1913.