CHAPTER 80
CONSTABLES-KENT COUNTY
AN ACT relating to the Fees of Constables in and for Kent County.
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:
Section 1. That on and after the passage of this Act the following shall be the legal fees for services of a constable in Kent County:
(a) For serving and returning a summons, or scire facias on one or more defendants, including all services in a cause before judgment, $1.00.
(a) For serving and returning a subpoena $1.00 for the first two persons and 50c for each additional person.
(b) Mileage in serving and returning a summons subpoena or scire facias at the rate of five cents for each mile necessarily traveled.
(c) If no service be made, there shall be no fee except in case of a scire facias when judgment shall be rendered thereon, but mileage shall be allowed.
(d) Giving notice of an application for, or time of a new trial, $1.00.
(e) For summoning referees (only one fee to be allowed unless there be a new trial and then only two), $1.50.
(f) Mileage in summoning referees' notice of new trial the same as in the ease of witness.
(A) For summoning witness, 50 cents.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.
(i) For summoning garnishees on execution, or other attachment, for each garnishee (and mileage as in the case of witnesses), $1.00.
(j) For pasting 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, $1.00.
(1) For taking goods on attachment (other than execution attachment) returning inventory and appraisement if the goods do not exceed $100.00 in value, $2.50.
(1)If they exceed that sum, $3.50.
(2)And mileage as in the case of witnesses.
(3)But if the goods be sold on execution, no fee shall be charged for taking on that execution.
(m) On Executions--
(1) For taking goods in execution $1.50
Making inventory, appraisement and return 1.00 Advertising, selling goods , 2.00
(1) Together with five per cent of all the moneys collected.
Collecting on execution, without sale $2.00
Notice to plaintiff in each case .50
For a return of "No Goods" .75
(m) In Writs of Replevin--
(1) For taking goods under writ $2.50
(2) Mileage on execution, the same as in case of summoning witnesses.
(2) For conveying a person to jail 2.00
(2) Mileage the same as in case of summoning witnesses.
(2) For serving a warrant in a criminal case, or for bastardy 2.00
(3) In cases of a search warrant, upon which a search is made of the premises, the above fee to be allowed.
(4) Mileage in all cases the same as in service of summons.
(2) Conveying defendant from one county to another (five cents per mile going and re turning) 2.00
(0) Summoning witnesses and conveying a person 10 jail and for levying execution in a bastardy case, the same fees as for like services on civil process.
(0) Serving attachment to bring body (and mileage at five cents per mile) 2.00
(1) Attendance at Magistrate's Court during hearing 1.00
(0) In case of constable being deputized to assist another regular county constable the deputized officer shall be entitled to mileage at five cents per mile.
Section 2. All Acts or parts of Acts inconsistent with the provisions of this Act be and the same are hereby repealed to the extent of such inconsistencies only.
Approved June 1, 1933.