CHAPTER 202
PLEADING AND PRACTICE IN CIVIL ACTIONS
AN ACT to Amend Chapter 128, of the Revised Code of Delaware, relating to Pleading and Practice in Civil Actions.
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:
Section 1. That 4204, Section 41, of Chapter 128 of the Revised Code of Delaware, be and the same is hereby amended by striking out said 4204, Section 41, of Chapter 128, and inserting in lieu thereof the following:
4204. Section 41. Counsel Fees ; Judgment for; in what Cases Recoverable ; Limit of :--In all causes of action, suits, matters or proceedings brought for the enforcement of any note, bond, mechanics lien, 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 percentum 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, unless the note, bond, mortgage or other instrument of writing sued upon shall, by the terms thereof expressly provide for the payment and allowance thereof, except in the cases of mechanics liens in which no express agreement shall be necessary in order to entitle the lien holder to his reasonable counsel fees.
Section 2. This Act shall be effective and applicable to all causes of action, suits, matters of proceedings brought after the passage and approval hereof.
Approved May 26, 1933.
CHAPTER 204
LIMITATIONS OF APPEALS AND EXCEPTIONS
AN ACT to Amend Chapter 147, 4688 Section 3 of the Revised Code of the State of Delaware, Relating to Limitation of Appeals and Exceptions.
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:
Section 1. That 4688 Section 3 of Chapter 147 of the Revised Code of the State of Delaware be and the same is hereby amended by striking out all of said Section, and inserting in lieu thereof the following:
"4688. Sec. 3. Appeals from Final Decree of Chancellor: No appeal from a final decree of the Chancellor shall be received or entertained in the Supreme Court, unless the praecipe therefrom shall be duly filed in the office of the clerk thereof within six months after the signing of said decree."
Approved April 20, 1933.