CHAPTER 245.
OF THE FEES OF PUBLIC OFFICERS.
AN ACT to Amend Sections 7 and 10, Chapter 125, Revised Code of 1893 Laws of Delaware.
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:
Section 1. That Section 7, Chapter 125, Revised Code of 1893, Laws of Delaware, be amended by striking out all of said Section 7 and inserting in lieu thereof a new section as follows:
"Section 7. SHERIFF.
The following fees shall be charged by the sheriff.
For serving writ of summons, Scire Facias, Replevin, Dower, Partition, Subpoena ad Respondendum, Attachment for attaching property, process of Certiorari, Citation, Appeal, Declaration and Notice of Ejectment, Attachment, Attachment upon Garnishees, for each Garnishee Summoned, or any process of arrest in a Civil case, Notice of Sale to each Plaintiff and Defendant and Landlord or Execution Creditor, Notice to Plaintiffs and Defendants in Inquisition, Advertising Rule, or notice to Defendant in Divorce in Newspaper or any other process in the nature thereof and making due return of same for each person so served or notified $ 75
Taking Bail Bond for either party in Replevin or Bond for securing rent, or Bond of any nature whatever taken and approved by Sheriff or a Judge 50
Serving and returning Subpoena to give evidence or to bring papers for each person summoned both in Civil or Criminal actions for the first 50
And all others on same Subpoena each 50
Serving and returning Capias ad. satisfaciendum for each person arrested 2 00
And additionally two per centum upon money received and paid upon such writ for serving and returning a habere facias possessionem or writ in the nature thereof 1 50
If there be several parcels possessed by different persons for each parcel so possessed 1 50
Serving and returning writ of Inquiry of Damages or other writ of Inquiry 2 00
Serving and returning writ of Elegit, Liberari Facias, writ de partition efacienda or habere facias Scisinam in Dower 2 00
Attendance upon premises in making partition or laying off Dower for each day 2 00
Serving and returning writ pro retorno habendo 3 00
Serving and returning writ of Sequestration 3 00
Serving and returning writ of Injunction, Restraining order or Subpoena to answer in Chancery 1 00
For other extra services additional compensation to be allowed by the Chancellor.
Levying an execution on goods and chattels and making inventory causing appraisement, and making return if the sum due upon the execution shall not exceed $400.00 3 00
If the sum due shall exceed $400.00 4 00
On all sums over $500.00 5 00
Expense of keeping goods and chattels seized upon execution or attachment, a reasonable allowance to be made by the Court.
Advertising goods and chattels the first time $ 1 00
Same for advertising a second and third time if necessary 1 00
Selling goods and chattels on execution three per centum on amount made by the sale and legally applied.
If an execution be levied upon goods and chattels, and settled without sale after the expiration of thirty
(30) days from the levy and notice thereof to the Defendant, the Sheriff shall be entitled to dollarage, otherwise if the execution be settled before the expiration of thirty (30) days dollarage shall not accrue or be endorsed.
For levying an execution upon lands and tenements for each defendant 2 50
Holding inquiry and returning inquisition under a rule of Court 3 00
Advertising sale of lands and tenements; advertising in two newspapers and hand bills under Section 23, Chapter III, Revised Code of 1893; advertising and selling under an order of Court or a judge, goods and chattels, lands and tenements, such costs, charges and allowances as shall be fixed and determined by the Superior Court.
Returning sale on Venditioni, Exponas, Levari Facias, Fieri Facias, or upon any order from the Court or Judge 2 00
Returning non est inventus, nulla bona, mortuus est, Nihil habet for each 50
In all cases originating before a Justice of the Peace and directed to the Sheriff, the same fees as are allowed by Law to the Constable.
In Cases of Landlord and Tenant.
For serving and returning warrant of summons in the case 1 00
Attendance during the hearing of the case 1 50
Serving and returning warrant for delivering possession and levying costs and damages 2 00
And an additional three (3) per centum on the damages and costs levied.
In forcible entry and detainer, the like fees for like services.
Delivering to Surveyors warrant to lay down pretentions, and giving notice to the parties or their attorneys of the time of executing the same $ 2 00
Attendance on survey under such warrant each day 2 00
Assigning Bail Bond or Bond in Replevin 50
For attendance with Jurors on view each day 2 00
Summoning special jury and making return 5 00
Summoning Special Jury in term time of Court 10 00
Executing a writ for Levying Costs of a contested election for the General Assembly the same fees as for like services upon execution process generally.
For serving each writ, process, or notice before mentioned three (3) cents per mile necessarily travelled out and in from place of return to the place of service for each writ subpoena or notice so served.
For services of Sheriff for any monies arising from a sale of personal property, or lands and tenements by virtue of an execution in his hands and applicable to other executions or judgments prior to or subsequent. See Revised Code, Page 847.
(See Chapter 144, Volume 16 Laws of Delaware for each application.) 50
Section 2. That Section 10, Chapter 125, Revised Code of 1893, Laws of Delaware, be amended by striking out all of said Section to and inserting in lieu thereof a new section as follows:
Section 10. PROTHONOTARY.
The following fees shall be charged by the Prothonotary.
For issuing writ of summons, scire facias, replevin, partition, dower, attachment for attaching property, capias ad respondendum, mechanic's lien, or other original process, docketing, entering return and transcribing to the Continuance Docket, no less fee to be charged. 4 25
Issuing copy of writ in any of the above stated cases. 1 00
Issuing an alias, pluries, or any subsequent writ or process. $ I 00
Issuing all writs exceeding in length forty lines, two cents a line for such excess, in addition to the fee otherwise allowed.
Issuing writ of elegit, de partione facienda, habere facias siesinam in dower, liberari facias, levari facias, habere facias possessionem and venditioni exponas to sell lands 2 50
Issuing fieri facias, venditioni exponas to sell goods and chattels, thirty day rule or other judicial writ not heretofore mentioned. 1 50
Filing every judicial writ returned, and entering return. 25
All entries in any action (except an amicable action, an action of debt without writ) made at each and every term after first, or in vacation while pending 50
Filing Narr 25
Filing pleas (each stage) 25
Filing replications and issues 25
Filing interrogatories, giving written notice thereof, and making entry of such filing and notice 50
Issuing commissions to take depositions, filing commission returned with depositions, and making entry thereof 1 50
Copy of interrogatories annexed, two cents per line of eight words.
Issuing warrant to lay down pretensions 1 00
Issuing subpoena to give evidence, or to give evidence and bring papers, for the first five witnesses or less 1 00
and for each additional witness 25
Issuing an attachment for contempt of Court 1 00
Drawing list of freeholders in order to the striking of a special jury issuing venire facias for such jury including all services, at trial, same to be charged whether trial or not 5 00
Advertising cause for trial 25
Drawing jury and all services in respect of trial 2 00
Issuing, a. writ of inquiry of damages, or other writ of inquiry, writ of possession, writ of estrepement, or other mesne process $1 00
and additionally two cents per line.
Entering amicable action with all enteries, and filing all papers with the time of entering the same, and V. C. whether issued or not, no less fee to be charged 3 50
Ascertaining amount of judgment under rule of Court 1 50.
Entering judgment upon bond with warrant of attorney to prothonotary or attorney for confession of judgment 1 00.
Issuing V. C. on judgments 81
Entry of judgment confessed under a warrant of attorney or otherwise, in an action of debt without writ, filing Narr. and pleas, or any other writing or paper, and every service whatever touching the entry of such action and judgment 2 00
Entering judgment in judgment docket, except when confessed under warrant of attorney 50
Recording proceedings in partition, or for assignment of dower, two cents per line, and for draught a sum to be allowed by the Court, not exceeding the sum of $2.00 per draught, unless partition be made or dower assigned, or more than two several tracts of land, and not exceeding in the whole in any case ten dollars.
Recording testatum fieri facias, 1 00.
Issuing testatum fieri facias to another county 2 00
Taking declaration of garnishee 50
For every general rule to show cause, filing petition, issuing rule, entering return of Sheriff and decree of Court on such rule, no less fee to be charged, 3 50
For every rule to show cause why a judgment or mortgage should not be satisfied, when personal service can be had, issuing rule, entering return of sheriff and decree of Court on such rule, no less fee to be charged, 3 50
And when personal service cannot be made, and publication must be had, taking affidavit of sheriff and entering order of Court, filing Sheriff's return and satisfying judgment 7 50
For making and certifying the copy of a rule of reference, filing report and entering judgment thereon $ 1 00
On Appeal from Justice.
For filing and entering transcript of the docket entries of a justice of judgment and execution 1 00
For entering appeal, issuing citation, docketing, entering return, and transcribing to the Continuance Docket, no less fee to be charged 4 50
For entering final judgment, or order dismissing the appeal with judgment for costs 1 00
For certifying copy of record of an order dismissing an appeal with judgment for costs, or any other copy 50
and $.50 for certificate, and additionally two cents per line.
All other services, proceedings, etc. the same fee as for like services in other suits.
On a Certiorari.
For taking recognizance with surety, issuing writ, citation, receiving and filing record, entering return of writ (entering judgment or issuing procendendo, when necessary) no less fee to be charged 4 50
For issuing second or subsequent certiorari, to be paid by the Justice if occasioned by his default 1 50
All other service, the same fees as for like services in other suits.
On Appeal from Register's Orphans' Court.
The same fees as for like services on appeals from Justice.
In Cases of Insolvency.
The same fees as already prescribed by Revised Code, 1893.
On Petitions for Freedom.
The same fees as already prescribed by Revised Code, 1893.
On Commissions to Mark and Bound.
The same fees as already prescribed by Revised Code, 1893.
On Divorce.
Filing petition and affidavit, issuing writ, entering return, docketing and transcribing to the Continuance, Docket, no less fee to be charged $ 5 00
Issuing Commission 2 00
For making certified copy of decree 1 00
For entering order of Court 50
Other Services.
For entering and certifying under hand and seal an order for sheriff, executor or administrator to execute a deed conveying land and tenements 2 00
For taking bond for security for costs, dissolving an attachment, or any other bond 1 00
Entering satisfaction of a judgment, assignment of judgment or marking a judgment to the use of 25
Search upon application of a person, not an attorney of the Court 1 00
Issuing habeas corpus and entering all proceedings thereon 4 25
Issues from Register, Orphans' Court, or an issue framed same fees as for like services in other suits.
Minute of judgment containing the names of the parties, the real debt or damages, costs, time when interest commences, term and date of entry 10
List of judgments furnished sheriff to enable him to hold inquisition on lands taken in execution, or to apply proceeds of lands under execution, search for each name, twenty-five cents and ten cents for each abstract, besides certificate.
Entering a surrender by bail and commitment 25
For party plaintiff 50
For certificate under band and seal 50
For discontinuance 50
For judgment according to rule 50
For certificate to Recorder on issuing scire facias on mortgage $ 25
For certificate to Recorder on return of Levari facias (to be taxed by the Sheriff in his costs) 25
For drawing check under seal 50
For lien extension by agreement 1 00
For filing petition which does not have to be recorded, and entering order of Court 50
For each continuance 25
For recording petitions, reports, bonds and all other recording, for the first page or fractional part thereof 1 00
And for each additional page or fractional part thereof 50
For inquisition at bar 2 00
For filing petition for a ditch and issuing an order 2 50
For making exemplified copy of any record, 1 50
and two cents per line.
For making certified copy of any record, 50
and two cents per line.
For taking any affidavit 50
For filing any affidavit 25
Inquisition by sheriff's jury 2 00
All other fees of the prothonotary for services in so far as they are not herein provided shall be fixed and regulated by the Superior Court of the State.
A record page shall consist of forty-five lines, and a line, when used as a measure of computation, shall mean, eight words.
If any person shall neglect or refuse to pay the fees provided for in this Act, for any service or services performed, for ten days after demand in writing by the officer to whom such fees are due, he shall be deemed guilty of a misdemeanor, and upon conviction in the Court of General Sessions, shall be fined ten dollars besides costs of suit.
Before any suit, action or other proceeding is instituted in the Superior Court, the prothonotary shall demand and receive the sum of $10.00,as a deposit of guaranty for the payment of the fees and costs in his office, and he shall apply said sum of $10.00 from time to time in payment of such fees and costs in his office, and shall return to the person depositing the same, any balance remaining after such suit, action or other proceeding is completed; Provided that if said sum of $10.00 is expended in the payment of the fees and costs in his office as said fees and costs accrue from time to time, the prothonotary shall demand and receive a sufficient amount, which shall be necessary, in his judgment, to defray the fees and costs for additional service or services, before any such additional service or services shall be performed by him.
All Acts or parts of Acts inconsistent herewith are hereby repealed; and all the provisions of this Act shall go into effect upon the approval of the same by the Governor.
Approved March 29, A. D. 1907.