CHAPTER 212
JUSTICES' JURISDICTION IN CIVIL CASES FOR DEBT – FEES
AN ACT to amend Chapter 121, Revised Code of the State of Delaware, Justices' Jurisdiction In civil cases for Debt; Article 15, fees.
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:
Section 1. That Chapter 121, Revised Code of the State of Delaware, Justices' Jurisdiction in Civil Cases for Debt—Article 15, Fees, 4059, Sec. 56. Justices of the Peace; Constables; Sheriffs, Witnesses; Parties :be amended by striking out all of sub-title "To a Constable or Sheriff," in said 4059, Sec. 56, Justices of the Peace; Constables; Sheriffs, Witnesses; Parties: and by substituting in lieu thereof the following :
TO A CONSTABLE OR SHERIFF
For serving and returning a summons, or scire facias on one or more defendants, including all services in a cause before judgment, except mileage and summoning witness and referees, when residing in New Castle County, North of the Christiana River and in Kent and Sussex Counties $.50
when residing in New Castle County Soutb of the Christiana River $1.00
Mileage in serving and returning a summons or scire facias at the rate of five cents for each mile necessarily traveled.
If no ,service be made, there shall be no fee or allowance of mileage, except in case of a scire facias when judgment shall be rendered thereon.
Giving notice of an application for, or time of a new trial $.50
For summoning referees (only one fee to be allowed unless there be a new trial and then only two), when residing in New Castle County North of the Christiana River and in Kent and Sussex Counties $.50
When residing in New Castle County South of the Christiana River $1.00
Mileage in summoning referees the same as in the case of witness.
For summoning witness, each when residing in New Castle County North of the Christiana River and in Kent and Sussex Counties $.15
When residing in New Castle County South of the Christiana River $.25
And five cents for each mile necessarily traveled, to be counted as if all the witnesses for the same party were named in the same writ and summoned at the same time.
For summoning garnishees on execution, or other attachment, for each garnishee (and mileage as in the case of witnesses) $.30
For posting advertisements of attachment (all) with mileage at the rate of five cents per mile, going to and returning from the Court House, where one of said advertisements must by law be posted $.50
For serving attachment to bring body $.50
And mileage as in the case of a summons duly served, but if the attachment is issued through the fault of an officer, he shall pay this and the justice's fee.
For taking goods on attachment (other than execution attachment) returning inventory and appraisement, if the goods do not exceed $15.00 in value $.60
If they exceed that sum $1.00
And mileage as in the case of witnesses ?
But if the goods be sold on execution, no fee shall be charged for taking on that execution.
ON EXECUTIONS
For giving notice to plaintiff on each execution in his hands of day of sale of goods $.15
For taking goods in execution .50
Making inventory, appraisement and return .50
Advertising, selling goods 1.00
Collecting on execution, without sale (if the writ shall have been in his hands fifteen days before
the money is paid .80
On all sums collected when the execution exceeds Fifty Dollars ($50) there shall also be allowed five per cent, in addition to the above fees.
For a return of "No goods" .15
Mileage on execution, the same as in case of summoning witnesses.
For conveying a person to jail, when residing in New Castle County North of the Christiana River and in Kent and Sussex Counties 50
when residing in New Castle County South of the Christiana River 3.00
And five cents per mile from the place of arrest to the jail, and back to the justice's office.
For serving a warrant in a criminal case, or for bastardy, when residing in New Castle County North of the Christiana River and in Kent and Sussex Counties $.50
when residing in New Castle County South of the Christiana River 1.00
Conveying defendant from one County to another, five cents per mile going and returning.
Summoning witnesses and conveying a person to jail and for levying execution in a bastardy case, the same fees as for like services on civil process.
Approved March 23, A. D. 1921.