CHAPTER 274

ORPHANS' COURT

AN ACT to amend Chapter 156 of the Revised Code of the State of Delaware, relating to Fees of Public Officers by changing the Fees of the Office of the Clerk of the Orphans' Court.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That 4857, Section 10 of Chapter 156 of the Revised Code of the State of Delaware, be and the same is hereby amended by the repeal of said paragraph 4857, Section 10, and the insertion in lieu thereof another paragraph, which shall be styled 4857, Section 10, and shall be read as follows:

4857. Section 10. Clerk of the Orphans' Court: -- The Following Fees Shall Be Charged by the Clerk of the Orphans' Court:

Causes in Partition

For filing petition, order for constructive service, order for sale, return of trustee,

decree in distribution and any other paper or order filed in any cause in partition $ .50

For recording any of the above mentioned papers, directed by the court to be recorded, per page .50

For recording all plots or drafts a sum to be fixed by the Court,

For issuing summons in partition 2.00

For entering Sheriff's return .50

For issuing commissions in partition 3.00

For issuing rule to show cause 2.00

For certificate under seal .50

For issuing order for sale 2.50

For furnishing form of and approving advertisement 2.00

For noting and entering continuance 1.00

For determining appraised value of dower, curtesy or life estate 1.00

For filing and recording certificate of deposit 1.00

For adjusting decree in distribution:

If total amount of sale does not exceed $500.00 5.00

If total amount of sale exceeds $500.00, but does not exceed $1,000.00 10.00

For each additional $1,000.00 or fractional part thereof, by which the total amount of sale exceeds

the first $1,000.00 .50

For drawing each check in payment of distributive share and costs .50

Sale of Lands to Pay Debts of Decedent

For furnishing each notice to heirs or interested parties of application to sell lands .50

For posting notices for non-residents, each 1.00

For filing petition, order of sale, return or any other paper or order filed in connection with the

sale of lands to pay debts of decedent .50

For taking bond of executor or administrator 2.00

For recording any of the above mentioned papers directed by the Court to be recorded, per page .50

For recording all plots, or drafts, a sum to be fixed by the Court,

For issuing order for sale to executor or administrator 2.50

For furnishing form of and approving advertisement 2.00

For noting and entering continuance 1.00

For taking affidavit of executor or administrator .50

For drawing each check in payment of costs .50

For furnishing each deed 2.00

For filing and recording release of Power of Attorney, with one acknowledgment 1.00

For each additional acknowledgment .50

For filing petition, order of sale of Real Estate, return, account of guardian, acquittance or any other

paper or order necessary to be filed, transactions between guardians and wards .50

For recording any of the above mentioned papers directed by the Court to be recorded, per page .50

For taking bond of guardian 2.00

For issuing order to appraise minors' rents 1.00

For issuing order to appraise minors' real estate 1.00

Entering approval of Court .50

For issuing Order for Sale of Minors' real estate 2.50

Furnishing form of and approving advertisements 2.00

For drawing each check in connection therewith, including costs .50

For furnishing each deed 2.00

For issuing commission to freeholders to appraise interest of child born after making will of

Deceased parent 2.50

For filing account of Guardian .50

For stating, comparing, adjusting and indexing account of Guardian:

If total amount of principal and income is not over $300 3.00

If over $300.00 and less than $500.00 5.00

If over $500.00 and less than $800.00 7.00

If over $800.00 and less than $1,000.00 8.00

For each $1,000.00 over the first $1,000.00 .50

For furnishing copy of account, each page after 1st 2 pages .50

Exceptions to Account of Executors or Administrators

For filing exceptions, exhibit, answer, or any other paper .50

For making entry of exceptions upon record 2.00

For granting and noting continuance 1.00

For noting final disposition of exceptions 2.00

For correcting account according to final decree and returning same to Register of Wills with Certificate 1.50

Miscellaneous

For filing any paper filed in the Orphans' Court .50

For recording any paper filed in the Orphans' Court directed by the Court to be recorded, per page .50

For taking any bond other than that of Guardian, Executors or Administrators 3.00

For exemplified copy of record 2.50

For each additional page over three .50

For entering approval of Court .50

For taking affidavit .50

For drawing mortgage to secure investment 5.00

For entering final decree, in case of allowance of any exception or any correction in account,

fifty cents per page and 1.00

For certifying abstract under seal, fifty cents per page and .50

For issuing attachment or sequestration 2.00

For entering and certifying recognizance 1.00

For recording and indexing same 1.00

For entering satisfaction of same .50

For issuing certificate of adoption 5.00

For making search of records 1.00

For furnishing Sheriff list of liens or encumbrances 1.00

For furnishing copy or abstract of any record or paper, per page .50

For furnishing copy of plot or draft, a sum to be fixed by the Court

For advertising causes on trial list, each .50

Issuing subpoena or citation to give evidence 1.00

Filing interrogatories, giving notice, and making entry of filing and notice 1.00

Furnishing copy of same, per page .50

For issuing commission to take depositions 3.50

For publishing return of same, and making proper entries 1.00

For issuing commission to freeholders to assign widow's dower 2.50

The word "page" where used as a measure of computation shall mean a page of the record not less than fifty lines, eight words to the line, except in reference to account, when a page of the record shall be used for each page of the account. Fractional parts of a page shall be considered a page when the recording does not make full pages.

Approved May 8, 1929.