CHAPTER 248.
OF THE FEES OF PUBLIC OFFICERS.
AN ACT in Relation to Fees of Justices of the Peace and Constables.
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:
Section 1. That the following shall be the legal fees for services in cases before a Justice of the Peace.
TO A JUSTICE OF THE PEACE:
For issuing a summons, scire facias or attachment (except execution attachments) $ 50
One subpoena for witness 25
Other subpoenas for the same party, in the same case 10 each
But more than two shall not be taxed for the same party; if ordered, they shall be at his costs.
For swearing or affirming witness in a case 10
Appointing, summoning and swearing referees 50
(But only one such fee, unless there shall be a new trial, and then not more than two in any case).
Entry of bail or surety, including all 25
For postponing a case, to be paid by the party asking for postponement before the same shall be granted. 15
Entering judgment 30
Entering Judgment on obligation and warrant 50
Every affidavit certified and filed 30
Entering rule to take depositions 15
Transcript of docket entries or full copy of records, duly certified 75
Copying interrogatories per line, one cent 01
Every execution 30
Filing and entering the return to an execution 30
Writing advertisements of attachment 50
For a probate 25
For taking a deposition or affidavit 25
For dispensing a marriage license, to be paid by party $ 50
In proceedings for a penalty, the same fee as in other civil cases; unless the law imposing the penalty provides otherwise.
IN CASES OF ATTACHMENT FOR RENT.
For every affidavit certified and filed 30
For issuing attachment 50
For entering return and filing attachment 25
For making order for sale of goods 25
For summoning and swearing referees 50
For swearing garnishees, taking answer and rendering judgment, for each garnishee 25
For rendering judgment on report of referees 30
IN CRIMINAL CASES:
For taking and filing affidavit or deposition 25
For issuing warrant of arrest or commitment 25
Taking and certifying any recognizance in any case of a criminal nature (for one or more) 25
Issuing subpoena for witnesses (either side) for the first writ 15
Subsequent writs for either party 10
(each writ shall include all the witnesses named for same party, before issuing it).
Swearing and examining witness (Justice not to charge for more than ten witnesses), 10
Entering judgment in any case of a criminal nature 15
IN BASTARDY CASES.
The same fees as for like services in other criminal cases, and additionally,
For entering orders of indemnity and maintenance, for both, 30
Drawing and taking bond of indemnity 50
'Deposition of mother 50
In proceedings for forcible entry, or detainer, or for holding over, the same fees as for like services in other cases; and additionally, for attendance, during the trial 1 50
Drawing up the records 50
Issuing warrants of possession 50
The witnesses in such proceedings, the jurors, and the sheriff, or officer, for serving subpoena or attachment for contempt, or on execution process, have the same fees as provided in Chapter 125, Revised Code.
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 50
Mileage in serving and returning a summons or scire facias at the rate of three 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) 50
Mileage in summoning referees the same as in the case of witness.
For summoning witness, each 15
And three 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 three 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 clay 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 three 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 50
And three 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 50
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.
ATTACHMENT FOR RENT.
For attaching goods and making inventory and returning the same, One Dollar, when the demand for rent shall not exceed Two Hundred Dollars, and Two Dollars when the demand shall exceed that sum, and mileage as in case of summoning witnesses.
For advertising goods on order of justice $ 50
For selling goods, two per cent on the amount of sales applied to rent.
For summoning garnishees, referees, and witnesses, the same fees as are allowed in other civil cases.
TO A WITNESS:
For each day's attendance 50
And three cents per mile from the witness's house to the place of trial and back.
For the referees who actually try the cause, each, and mileage the same as jurors 50
To the Parties Respectively:
For each deposition taken 50
But more than One Dollar shall not be allowed by either party for depositions in a case before the justice, nor more
than Five Dollars on appeal.
The justice shall tax the fee for every such service; no other fee shall be allowed; no mileage shall be allowed unless it be expressly given; in no case shall a fee be charged for a service not performed; and every officer or person receiving a fee, shall, upon demand give a receipt specifying the items.
If any officer or person shall, knowingly, receive any greater or more or less fees than is herein allowed for the services specified, or shall refuse to give such receipt or shall add any item not herein specified, he shall be deemed guilty of a misdemeanor and upon conviction shall be fined, not exceeding Sixty Dollars.
Section 2. That all laws or parts of laws inconsistent with the passage of this Act are hereby repealed.
Approved March 15, A. D. 1907.