CHAPTER 571.
An Act to amend Ninety-ninth Chapter of the Revised Code.
SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, That the Ninety-ninth Chapter of the Revised Code be, and the same is hereby amended, by striking out the forty-second section thereof, all after the words "Section 42," and inserting in lieu thereof the following: "The following shall be the legal fees for services in cases before a justice of the Peace:
To a Justice of the Peace:
The sums here set down, when the judgment shall not exceed fifty dollars; and the double of such sums when such judgment shall exceed fifty dollars:
|
$ cts.
|
For issuing a summons, scire facias, or attachment, (except execution attachment,)
|
25
|
One subpoena, for witnesses,
|
15
|
Other subpoenas for the 'same party, in the same case, each, (But more than two shall not be taxed for the same party; if ordered, they shall be at his costs.)
|
10
|
Appointing, summoning and swearing referees, (But only one such fee, unless- there shall be a new trial, and then not more than two in any case.)
|
25
|
Entry of bail or surety, including all,
|
15
|
Entering judgment,
|
15
|
Entering judgment on obligation and warrant,
|
25
|
Every affidavit, certified and filed,
|
15
|
Entering rule to take depositions,
|
15
|
Transcript of docket entries duly certified.
|
25
|
Full copy of record,
|
50
|
Copying interrogatories, per line, one cent,
|
01
|
Every execution,
|
15
|
Filing and entering the return to an execution,
|
15
|
Writing advertisements of attachments,
|
40
|
Taking acknowledgment of the manumission of' one or more slaves, named therein,
|
25
|
For taking proof and giving certificate of freedom to authorize marriage,
|
25
|
Taking and certifying acknowledgment of a deed, whether one or more parties, each justice
|
50
|
Same of' a release, acquittance or receipt, each Justice,
|
30
|
Drawing and taking indenture of apprenticeship, or .servant, if one justice,
|
1 00
|
And if by two justices (to be paid by the master) each
|
50
|
For writing, approving and certifying the assignment of an indenture,
|
25
|
For a probate,
|
15
|
For taking a deposition, or affidavit,
|
25
|
For dispensing a marriage license, taking and returning bond, to be paid by the party,
|
50
|
In proceedings for a penalty, the same fees as in other civil cases ; unless the law imposing the penalty provides otherwise
In Criminal Cases.
For taking and filing affidavit
|
25
|
For issuing warrant of arrest, or commitment
|
25
|
Same of runaway slave or servant
|
50
|
Same for person convicted of enticing a slave remaining or coming into the State
|
50
|
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)
|
|
Entering judgment in any case of a criminal nature,
|
15
|
For all services on the trial of a slave, on a criminal charge(if the trial be by two Justices) each,
|
1 00
|
If by one Justice,
|
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 record,
|
50
|
Issuing warrant of possession
|
50
|
The witnesses in such proceedings, the jurors and the sheriff, or officer, for serving the subpoena or attachment for contempt, or on execution process, have the same fees as provided in Chapter 125, Revised Code.
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
|
30
|
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 witnesses and referees
|
30
|
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 scire facias when judgment shall be rendered thereon.
|
40
|
Giving notice of an application for, or time of new trial,
|
40
|
For summoning referees, (only one fee to be allowed unless there be a new trial, then only two,)
|
40
|
Mileage in summoning referees, the same as in the case of witnesses.
|
|
For summoning witnesses, each
|
15
|
And three cents for each mile necessarily travelled, 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)
|
20
|
For posting advertisements of attachments (all) with mileage at the rate of three cents per mile, going to and returning from the Court House, where one of said advertising must by law be posted,
|
50
|
For serving attachment to bring body,
|
50
|
And mileage as is 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 gee.
|
|
For taking goods on attachment, (other than execution attachment), returning inventory and appraisement, and including mileage, if the goods do not exceed $15.00 in value,
|
60
|
And if they exceed that sum,
|
1 00
|
But if the goods be sold on execution, no fee shall be charged or taken on that execution.
|
|
On Executions.
For taking goods in execution,
|
25
|
Making inventory, appraisement and return,
|
25
|
Advertising and selling goods,
|
50
|
Collecting on execution, without sale (if the writ shall have been in his hands fifteen days before the money is paid),
|
40
|
Double the above fees, if the execution exceeds $15.00 besides costs. On all sums collected when the execution exceeds $50.00 there shall be also allowed three per cent in addition to the above fees.
|
|
For a return of "no goods",
|
15
|
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
|
Levying restitution money and costs in a slave case,
|
50
|
Conveying defendant from one county to another, five cents per mile, going and returning.
|
|
Executing warrant to arrest person convicted of enticing slaves for being in the state,
|
1 00
|
And mileage as on other process of arrest,
|
|
For giving notice to plaintiff on each execution in his hands of day of sale of goods
|
15
|
To a Witness.
For each days attendance,
|
50
|
And three cents per mile from the witnesses’ house to the place of trial and back.
|
|
To 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 receive any greater or more fees than is herein allowed for the service 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 shall be fined not exceeding sixty dollars.
SECTION 2. Be it further enacted, That the act entitled, "An act to amend Chapter 99 of the Revised Code of the State of Delaware," passed at Dover, February 24, 1859, is hereby repealed.
SECTION 3. And be it further enacted, That the Secretary of State be and he is hereby required, immediately after the passage of this act, to cause the same to be published in all the newspapers of the State for the space of one month.
Passed at Dover, March 17, 1865.
$ cts.
For issuing a summons, scire facias, or attachment, (except execution attachment,)
25
One subpoena, for witnesses,
15
Other subpoenas for the 'same party, in the same case, each, (But more than two shall not be taxed for the same party; if ordered, they shall be at his costs.)
10
Appointing, summoning and swearing referees, (But only one such fee, unless- there shall be a new trial, and then not more than two in any case.)
25
Entry of bail or surety, including all,
15
Entering judgment,
15
Entering judgment on obligation and warrant,
25
Every affidavit, certified and filed,
15
Entering rule to take depositions,
15
Transcript of docket entries duly certified.
25
Full copy of record,
50
Copying interrogatories, per line, one cent,
01
Every execution,
15
Filing and entering the return to an execution,
15
Writing advertisements of attachments,
40
Taking acknowledgment of the manumission of' one or more slaves, named therein,
25
For taking proof and giving certificate of freedom to authorize marriage,
25
Taking and certifying acknowledgment of a deed, whether one or more parties, each justice
50
Same of' a release, acquittance or receipt, each Justice,
30
Drawing and taking indenture of apprenticeship, or .servant, if one justice,
1 00
And if by two justices (to be paid by the master) each
50
For writing, approving and certifying the assignment of an indenture,
25
For a probate,
15
For taking a deposition, or affidavit,
25
For dispensing a marriage license, taking and returning bond, to be paid by the party,
50
In proceedings for a penalty, the same fees as in other civil cases ; unless the law imposing the penalty provides otherwise
In Criminal Cases.
For taking and filing affidavit
|
25
|
For issuing warrant of arrest, or commitment
|
25
|
Same of runaway slave or servant
|
50
|
Same for person convicted of enticing a slave remaining or coming into the State
|
50
|
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)
|
|
Entering judgment in any case of a criminal nature,
|
15
|
For all services on the trial of a slave, on a criminal charge(if the trial be by two Justices) each,
|
1 00
|
If by one Justice,
|
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 record,
|
50
|
Issuing warrant of possession
|
50
|
The witnesses in such proceedings, the jurors and the sheriff, or officer, for serving the subpoena or attachment for contempt, or on execution process, have the same fees as provided in Chapter 125, Revised Code.
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
|
30
|
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 witnesses and referees
|
30
|
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 scire facias when judgment shall be rendered thereon.
|
40
|
Giving notice of an application for, or time of new trial,
|
40
|
For summoning referees, (only one fee to be allowed unless there be a new trial, then only two,)
|
40
|
Mileage in summoning referees, the same as in the case of witnesses.
|
|
For summoning witnesses, each
|
15
|
And three cents for each mile necessarily travelled, 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)
|
20
|
For posting advertisements of attachments (all) with mileage at the rate of three cents per mile, going to and returning from the Court House, where one of said advertising must by law be posted,
|
50
|
For serving attachment to bring body,
|
50
|
And mileage as is 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 gee.
|
|
For taking goods on attachment, (other than execution attachment), returning inventory and appraisement, and including mileage, if the goods do not exceed $15.00 in value,
|
60
|
And if they exceed that sum,
|
1 00
|
But if the goods be sold on execution, no fee shall be charged or taken on that execution.
|
|
On Executions.
For taking goods in execution,
|
25
|
Making inventory, appraisement and return,
|
25
|
Advertising and selling goods,
|
50
|
Collecting on execution, without sale (if the writ shall have been in his hands fifteen days before the money is paid),
|
40
|
Double the above fees, if the execution exceeds $15.00 besides costs. On all sums collected when the execution exceeds $50.00 there shall be also allowed three per cent in addition to the above fees.
|
|
For a return of "no goods",
|
15
|
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
|
Levying restitution money and costs in a slave case,
|
50
|
Conveying defendant from one county to another, five cents per mile, going and returning.
|
|
Executing warrant to arrest person convicted of enticing slaves for being in the state,
|
1 00
|
And mileage as on other process of arrest,
|
|
For giving notice to plaintiff on each execution in his hands of day of sale of goods
|
15
|
To a Witness.
For each days attendance,
|
50
|
And three cents per mile from the witnesses’ house to the place of trial and back.
|
|
To 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 receive any greater or more fees than is herein allowed for the service 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 shall be fined not exceeding sixty dollars.
SECTION 2. Be it further enacted, That the act entitled, "An act to amend Chapter 99 of the Revised Code of the State of Delaware," passed at Dover, February 24, 1859, is hereby repealed.
SECTION 3. And be it further enacted, That the Secretary of State be and he is hereby required, immediately after the passage of this act, to cause the same to be published in all the newspapers of the State for the space of one month.
Passed at Dover, March 17, 1865.
For taking and filing affidavit
25
For issuing warrant of arrest, or commitment
25
Same of runaway slave or servant
50
Same for person convicted of enticing a slave remaining or coming into the State
50
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)
Entering judgment in any case of a criminal nature,
15
For all services on the trial of a slave, on a criminal charge(if the trial be by two Justices) each,
1 00
If by one Justice,
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 record,
50
Issuing warrant of possession
50
The witnesses in such proceedings, the jurors and the sheriff, or officer, for serving the subpoena or attachment for contempt, or on execution process, have the same fees as provided in Chapter 125, Revised Code.
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
|
30
|
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 witnesses and referees
|
30
|
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 scire facias when judgment shall be rendered thereon.
|
40
|
Giving notice of an application for, or time of new trial,
|
40
|
For summoning referees, (only one fee to be allowed unless there be a new trial, then only two,)
|
40
|
Mileage in summoning referees, the same as in the case of witnesses.
|
|
For summoning witnesses, each
|
15
|
And three cents for each mile necessarily travelled, 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)
|
20
|
For posting advertisements of attachments (all) with mileage at the rate of three cents per mile, going to and returning from the Court House, where one of said advertising must by law be posted,
|
50
|
For serving attachment to bring body,
|
50
|
And mileage as is 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 gee.
|
|
For taking goods on attachment, (other than execution attachment), returning inventory and appraisement, and including mileage, if the goods do not exceed $15.00 in value,
|
60
|
And if they exceed that sum,
|
1 00
|
But if the goods be sold on execution, no fee shall be charged or taken on that execution.
|
|
On Executions.
For taking goods in execution,
|
25
|
Making inventory, appraisement and return,
|
25
|
Advertising and selling goods,
|
50
|
Collecting on execution, without sale (if the writ shall have been in his hands fifteen days before the money is paid),
|
40
|
Double the above fees, if the execution exceeds $15.00 besides costs. On all sums collected when the execution exceeds $50.00 there shall be also allowed three per cent in addition to the above fees.
|
|
For a return of "no goods",
|
15
|
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
|
Levying restitution money and costs in a slave case,
|
50
|
Conveying defendant from one county to another, five cents per mile, going and returning.
|
|
Executing warrant to arrest person convicted of enticing slaves for being in the state,
|
1 00
|
And mileage as on other process of arrest,
|
|
For giving notice to plaintiff on each execution in his hands of day of sale of goods
|
15
|
To a Witness.
For each days attendance,
|
50
|
And three cents per mile from the witnesses’ house to the place of trial and back.
|
|
To 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 receive any greater or more fees than is herein allowed for the service 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 shall be fined not exceeding sixty dollars.
SECTION 2. Be it further enacted, That the act entitled, "An act to amend Chapter 99 of the Revised Code of the State of Delaware," passed at Dover, February 24, 1859, is hereby repealed.
SECTION 3. And be it further enacted, That the Secretary of State be and he is hereby required, immediately after the passage of this act, to cause the same to be published in all the newspapers of the State for the space of one month.
Passed at Dover, March 17, 1865.
For entering orders of indemnity and maintenance (for both)
30
Drawing and taking bond of indemnity
50
Deposition of mother
30
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 witnesses and referees
|
30
|
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 scire facias when judgment shall be rendered thereon.
|
40
|
Giving notice of an application for, or time of new trial,
|
40
|
For summoning referees, (only one fee to be allowed unless there be a new trial, then only two,)
|
40
|
Mileage in summoning referees, the same as in the case of witnesses.
|
|
For summoning witnesses, each
|
15
|
And three cents for each mile necessarily travelled, 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)
|
20
|
For posting advertisements of attachments (all) with mileage at the rate of three cents per mile, going to and returning from the Court House, where one of said advertising must by law be posted,
|
50
|
For serving attachment to bring body,
|
50
|
And mileage as is 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 gee.
|
|
For taking goods on attachment, (other than execution attachment), returning inventory and appraisement, and including mileage, if the goods do not exceed $15.00 in value,
|
60
|
And if they exceed that sum,
|
1 00
|
But if the goods be sold on execution, no fee shall be charged or taken on that execution.
|
|
On Executions.
For taking goods in execution,
|
25
|
Making inventory, appraisement and return,
|
25
|
Advertising and selling goods,
|
50
|
Collecting on execution, without sale (if the writ shall have been in his hands fifteen days before the money is paid),
|
40
|
Double the above fees, if the execution exceeds $15.00 besides costs. On all sums collected when the execution exceeds $50.00 there shall be also allowed three per cent in addition to the above fees.
|
|
For a return of "no goods",
|
15
|
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
|
Levying restitution money and costs in a slave case,
|
50
|
Conveying defendant from one county to another, five cents per mile, going and returning.
|
|
Executing warrant to arrest person convicted of enticing slaves for being in the state,
|
1 00
|
And mileage as on other process of arrest,
|
|
For giving notice to plaintiff on each execution in his hands of day of sale of goods
|
15
|
To a Witness.
For each days attendance,
|
50
|
And three cents per mile from the witnesses’ house to the place of trial and back.
|
|
To 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 receive any greater or more fees than is herein allowed for the service 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 shall be fined not exceeding sixty dollars.
SECTION 2. Be it further enacted, That the act entitled, "An act to amend Chapter 99 of the Revised Code of the State of Delaware," passed at Dover, February 24, 1859, is hereby repealed.
SECTION 3. And be it further enacted, That the Secretary of State be and he is hereby required, immediately after the passage of this act, to cause the same to be published in all the newspapers of the State for the space of one month.
Passed at Dover, March 17, 1865.
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 witnesses and referees
30
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 scire facias when judgment shall be rendered thereon.
40
Giving notice of an application for, or time of new trial,
40
For summoning referees, (only one fee to be allowed unless there be a new trial, then only two,)
40
Mileage in summoning referees, the same as in the case of witnesses.
For summoning witnesses, each
15
And three cents for each mile necessarily travelled, 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)
20
For posting advertisements of attachments (all) with mileage at the rate of three cents per mile, going to and returning from the Court House, where one of said advertising must by law be posted,
50
For serving attachment to bring body,
50
And mileage as is 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 gee.
For taking goods on attachment, (other than execution attachment), returning inventory and appraisement, and including mileage, if the goods do not exceed $15.00 in value,
60
And if they exceed that sum,
1 00
But if the goods be sold on execution, no fee shall be charged or taken on that execution.
On Executions.
For taking goods in execution,
|
25
|
Making inventory, appraisement and return,
|
25
|
Advertising and selling goods,
|
50
|
Collecting on execution, without sale (if the writ shall have been in his hands fifteen days before the money is paid),
|
40
|
Double the above fees, if the execution exceeds $15.00 besides costs. On all sums collected when the execution exceeds $50.00 there shall be also allowed three per cent in addition to the above fees.
|
|
For a return of "no goods",
|
15
|
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
|
Levying restitution money and costs in a slave case,
|
50
|
Conveying defendant from one county to another, five cents per mile, going and returning.
|
|
Executing warrant to arrest person convicted of enticing slaves for being in the state,
|
1 00
|
And mileage as on other process of arrest,
|
|
For giving notice to plaintiff on each execution in his hands of day of sale of goods
|
15
|
To a Witness.
For each days attendance,
|
50
|
And three cents per mile from the witnesses’ house to the place of trial and back.
|
|
To 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 receive any greater or more fees than is herein allowed for the service 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 shall be fined not exceeding sixty dollars.
SECTION 2. Be it further enacted, That the act entitled, "An act to amend Chapter 99 of the Revised Code of the State of Delaware," passed at Dover, February 24, 1859, is hereby repealed.
SECTION 3. And be it further enacted, That the Secretary of State be and he is hereby required, immediately after the passage of this act, to cause the same to be published in all the newspapers of the State for the space of one month.
Passed at Dover, March 17, 1865.
For taking goods in execution,
25
Making inventory, appraisement and return,
25
Advertising and selling goods,
50
Collecting on execution, without sale (if the writ shall have been in his hands fifteen days before the money is paid),
40
Double the above fees, if the execution exceeds $15.00 besides costs. On all sums collected when the execution exceeds $50.00 there shall be also allowed three per cent in addition to the above fees.
For a return of "no goods",
15
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
Levying restitution money and costs in a slave case,
50
Conveying defendant from one county to another, five cents per mile, going and returning.
Executing warrant to arrest person convicted of enticing slaves for being in the state,
1 00
And mileage as on other process of arrest,
For giving notice to plaintiff on each execution in his hands of day of sale of goods
15
To a Witness.
For each days attendance,
|
50
|
And three cents per mile from the witnesses’ house to the place of trial and back.
|
|
To 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 receive any greater or more fees than is herein allowed for the service 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 shall be fined not exceeding sixty dollars.
SECTION 2. Be it further enacted, That the act entitled, "An act to amend Chapter 99 of the Revised Code of the State of Delaware," passed at Dover, February 24, 1859, is hereby repealed.
SECTION 3. And be it further enacted, That the Secretary of State be and he is hereby required, immediately after the passage of this act, to cause the same to be published in all the newspapers of the State for the space of one month.
Passed at Dover, March 17, 1865.
For each days attendance,
50
And three cents per mile from the witnesses’ house to the place of trial and back.
To 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 receive any greater or more fees than is herein allowed for the service 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 shall be fined not exceeding sixty dollars.
SECTION 2. Be it further enacted, That the act entitled, "An act to amend Chapter 99 of the Revised Code of the State of Delaware," passed at Dover, February 24, 1859, is hereby repealed.
SECTION 3. And be it further enacted, That the Secretary of State be and he is hereby required, immediately after the passage of this act, to cause the same to be published in all the newspapers of the State for the space of one month.
Passed at Dover, March 17, 1865.
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 receive any greater or more fees than is herein allowed for the service 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 shall be fined not exceeding sixty dollars.
SECTION 2. Be it further enacted, That the act entitled, "An act to amend Chapter 99 of the Revised Code of the State of Delaware," passed at Dover, February 24, 1859, is hereby repealed.
SECTION 3. And be it further enacted, That the Secretary of State be and he is hereby required, immediately after the passage of this act, to cause the same to be published in all the newspapers of the State for the space of one month.
Passed at Dover, March 17, 1865.