If any person brings a suit in the Superior Court upon a cause of action cognizable before a justice of the peace under § 9301 of this title and recovers not more than $50, besides costs, such person shall not recover costs; unless he or she or some credible person has previously filed in the office of the prothonotary a written affidavit to the effect that the plaintiff has a just cause of action against the defendant exceeding in amount $50.

Code 1852, § ?2531; Code 1915, § ?4452; Code 1935, § ?4910; 10 Del. C. 1953, § ?5109; 70 Del. Laws, c. 186, § ?1;