At any time pending an action for debt or damages, the defendant may bring into court a sum of money for discharging the same, together with the costs then accrued, and the plaintiff not accepting the same, if upon the final decision of the cause, the plaintiff shall not recover a greater sum than that so paid into court, the plaintiff shall not recover any costs accruing after such payment, except where the plaintiff is an executor or administrator.

47 Del. Laws, c. 261 and 48 Del. Laws, c. 109; 71 Del. Laws, c. 379 and 72 Del. Laws, c. 136; 84 Del. Laws, c. 281 and 85 Del. Laws, c. 5;