CHAPTER 246.
OF THE FEES OF PUBLIC OFFICERS.
AN ACT to Amend Section 12, 13, 14 and 15, Chapter 125, Revised Code of 1893, Laws of Delaware.
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:
Section 1. That Section 12, Chapter 125, Revised Code of 1893, Laws of Delaware, be amended by striking out all of said Section 12, and inserting in lieu thereof a new Section as follows:
"Section 12: Clerk of The Orphans' Court.
The following fees shall be charged by the Clerk of the Orphans' Court:
For filing any petition, exception, return or other paper, $ 50
Recording same per page, 50
Recording order thereon per page, 50
For taking bond of guardian, administrator or executor 1 00
For taking any other bond and recording same, 2 00
For certificate under seal, 50
For exemplification of record, fifty cents per page and, 75
For issuing order to appraise minor's rents, 1 00
Recording such order, 1 00
Entering approval of Court, 50
Recording return of appraisement per page, 50
For stating, filing, recording, indexing and furnishing copy of account of guardian or receiver;
If total amount of principal and income is less than $300.00, 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 $1000.00, 8 00
For each $1000.00 over first $1000.00, 50
and for each page after first two pages, 50
For issuing order of sale to guardian, trustee, executor or administrator, fifty cents per page and, $ 1 00
Recording same per page, 50
For furnishing form for advertisement, fifty cents per page and, 1 00
Furnishing deeds to guardian, administrator or executor, 2 00
Furnishing notices of application to sell real estate, each, 50
Taking affidavit, 50
Drawing mortgage to secure investment, 5 00
Issuing commission in partition, fifty cents per page and, 1 00
Issuing form to freeholders, 1 00
Recording plots or drafts, a sum taxed by the Court.
Filing and recording release or power of attorney, with one acknowledgment, 1 00
Each additional acknowledgment, 25
Drawing and certifying recognizances, each, 1 00
Recording and indexing same, 1 00
Drawing assignment of lands sold, 1 00
Recording same 1 00
Issuing subpoena or citation to give evidence, each, 50
Filing interrogatories, giving notice and making entry of filing and notice, 1 00
Furnishing copy of same per page, 50
Issuing commission to take depositions, fifty cents per page, and 1 00
Publishing return of same and making proper entries, 1 00
Issuing attachment or sequestration, 2 00
Advertising causes on trial list, each, 25
Noting and entering continuance, 1 00
Entering dismissal of exceptions, 50
Entering final decree, in case of allowance of any exception, or any correction in account, fifty cents per page, and 1 00
For correcting account according to final decree and returning same to Register with certificate, 1 00
For issuing certificate of adoption, 5 00
Recording any matter proper to be recorded for which no other provision is made, per page, $ 50
Drawing any paper under seal, fifty cents per page for each page after the first, and 50
Making search where no other service for which a fee is charged, is performed, 25
For entering satisfaction of recognizance, 25
Furnishing Sheriff list of liens or encumbrances, 1 00
Certifying abstract under seal, fifty cents per page and, 50
Furnishing copy of plot or draft, a sum to be taxed by the Court.
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."
Section 2. That Section 13, Chapter 125, Revised Code of 1893, Laws of Delaware, be amended by striking out all of said Section 13, and inserting in lieu thereof, a new Section as follows:
Section 13. REGISTER IN CHANCERY.
The following fees shall be charged by the Register in Chancery:
For filing bill, answer, petition, affidavit or exhibit,. 50
For entering same, 50
Recording same, (when recorded) per page, 50
Furnishing copy per page, 50
Filing demurrer or other plea and entering same, 1 00
Furnishing copy and notice, 1 00
Taking affidavit, 50
Drawing and recording any bond, 2 00
Issuing any subpoena or other writ, each writ, to include all defendants, 1 10
If for service in more than one County, more than one writ be required, for each, 1 10
Issuing attachment or sequestration, 2 00
Issuing alias pluries, or subsequent writ, $ 1 1O
Filing interrogatories, giving notice thereof, and making entry of such filing and notice, 1 10
Furnishing copy of same per page, 50
Issuing commission to take depositions, answer or testimony, 2 00
Filing commission returned with depositions or testimony, publishing same and entering publication, 1 00
Entering and noting continuance, 1 00
Taking depositions under rule of Court, per page, 50
Stating, filing, recording, indexing and furnishing copy of account of trustee or receiver:
If the total amount of principal income is less than $300.00, 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 $1000.00, 8 00
Each additional $1000.00 after first $1000.00, 50
Each additional page after first two pages, 50
Filing and entering exceptions to an account or answer and entering adjudication thereon, 1 00
Filing articles to impeach a witness, 50
Issuing commission of inquiry ordered by Chancellir 2 00
Entering and certifying recognizance, 1 00
Recording same, 1 00
Issuing summons in partition, fifty cents per page and, 1 00
Issuing commission in partition, fifty cents per page and, 1 00
Furnishing form of advertisement, 1 00
Recording certificate of deposit, 50
Drawing any paper under seal, per page, 50
Furnishing deeds, each, 2 00
Advertising for liens, 2 00
Entering appearance, 50
Entering Sheriff's return, 50
Recording any paper proper to be recorded, per page, 50
Recording plot or draft, or copying plot or draft, a sum to be taxed by the Chancellor.
Affixing seal of Court to any writing not hereinbefore provided for, $ 50
Making search where no other service for which a fee is allowed, is provided, 25
Copy of exemplification of record under seal not otherwise provided for, fifty cents per page, and, 50
Notice to stockholders and creditors, each, 25
Filing claims, each, 50
The word "page" where used as a measure of computation in this Section shall mean a page of the record not less than fifty lines, eight words to the line, except in reference to accounts, 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."
Section 3. That Section 14, Chapter 125, Revised Code of 1893, Laws of Delaware, be amended by striking out all of said Section 14, and inserting in lieu thereof a new Section, as follows:
"Section 14. REGISTER OF WILLS:
For filing petition for granting letters or administration or testamentary, 1 00
For granting letters of administration under seal, taking bond and making registry thereof, if the estate be under $100.00, 1 25
Over $100. and less than $500., 2 00
Over $500. and less than $1000., 3.00
Over $1000. and less than $5000., 5 00
Over $5000. and less than $10,000., 8 00
Over $10,000. and less than $20,000., 12 00
Over $20,000. and less than $50,000., 15 00
Over $50,000, and less than $75,000, 20 00
Over $75,000. and less than $100,000., 25 00
Each additional $100,000. over the first $1000,000., 10 00
Taking and registering probate of will, 2 00
For granting letters testamentary under seal, same as for letters of administration.
Copy of will annexed to letters testamentary, two cents per line of eight words.
Entering renunciation, $ 25
Making and registering order for advertising letters of administration or testamentary, 1 00
Hand bills, 1 00
Filing inventory, and making registry of such filing and of appraised value of goods and chattels therein, 25
Filing list of debts, 25
Adjusting and settling accounts, certifying such settlements if the sum of debts and credits, inclusive of interest calculated shall not exceed $100.00,. 1 00
Over $100.00 and not exceeding $1000.00, one percent.
"On the next one thousand dollars or any part thereof, and on all sums in excess of one thousand dollars and not exceeding five thousand dollars one-half of one per cent; and on the next thousand dollars or any part thereof and on all sums in excess of five thousand dollars one-quarter of one percent."
For recording and indexing, direct and indirect, accounts and settlement, where the total estate does not exceed $100.00, 1 00
Over $100.00 and not exceeding $500.00, 3 00
Over $500.00 and not exceeding $1000.00, 5 00
And for every additional $500.00, or fractional part thereof, in excess of $1000.00, fifty cents.
Entering caveat, 50
Issuing citation, 50
Issuing subpoena to give evidence, all witnesses named before the issuing of the subpoena to be
Named therein, 50
Issuing an attachment, 1 00
Taking depositions at large upon the litigation of a cause two cents per line, and twenty-five cents additional
for each deposition.
Entering interlocutory order upon the litigation of a cause, 50
Entering sentence or decree upon the actual litigation of a cause, $ 1 00
Filing petition or application for revoking letters of administration or testamentary, 1 00
Fee for sitting in trial of cause, per day, 5 00
For recording release, acquittance or receipt, 1 00
Fee for acknowledging an acquittance, or any paper necessary to have acknowledgment thereto, 50
For recording will and probate, or any other writing proper to be recorded, and not herein provided for, two cents per line of eight words.
Certifying an extract, two cents per line of eight words.
Affixing seal of office to any writing not hereinbefore mentioned, and for which no other fee is allowed, 50
Making search, 25
Copy of exemplification of a record under seal not before provided for, two cents per line of eight words."
Section 4. That Section 15, Chapter 125, Revised Chapter 125, Code of 1893, Laws of Delaware, be amended by striking out all of said Section 15 from and including the word "For" in the second line of said Section, to and including the figures "37" in the sixteenth line of said Section, and inserting in lieu thereof the following:
"The following fees shall be charged by the Recorder of Deeds:
For recording, comparing and certifying an official obligation, One dollar.
For recording, comparing and indexing a Private Act of Assembly, deed, mortgage, chattel mortgage, release, assignment, contract of marriage, or other paper proper to be recorded, one dollar and fifty cents for the first two record pages or under, and for every additional page or fractional part of a page, fifty cents.
Certificate of Incorporation and Certificate of Amendment of Incorporation, four pages or less, three dollars and fifty cents. Each additional page, fifty cents.
For certificate under hand and seal of office, fifty cents.
For certified copy, office copy or exemplified copy of any record, two cents per line.
For noting satisfaction of mortgage, fifty cents.
For certificate under hand, of the date of receiving mortgage for record, twenty-five cents.
For furnishing list of mortgages under hand and seal of office to Sheriff for holding inquisitions on lands taken in execution, or applying proceeds of sale of lands taken in execution or otherwise, one dollar.
Conveyance and lien searches, time consumed in making same, one dollar for first hour and fifty cents additional for each additional hour.
For filing certificate of Prothonotary, and noting on margin of mortgage return on writ of levari Facias, twenty-five cents.
For noting on margin of record of mortgage, names of parties, number of writ and term in scire facias proceedings, upon certificate of Prothonotary, twenty-five cents.
For preparing and furnishing abstract of mortgage in scire facias proceedings, two cents a line.
Registering deeds in Registry Bureau of the City of Wilmington, twenty-five cents for each property described".
Section 5. A record page shall consist of forty-five lines, and a line, when used as a measure of computation shall mean eight words, but the provisions of this Section shall apply only to Section 4 of this Act.
Section 6. If any person shall neglect or refuse to
refusal to pay the fees provided in this Act, for any service or services performed, within ten days after written demand from the officer to whom such fees are due, he shall be deemed guilty of a misdemeanor, and upon conviction in the Court of General Sessions shall be fined ten dollars besides costs of suit.
Section 7. That this Act shall in no wise amend, repeal or in any way affect any Acts of the General Assembly other than Sections 12, 13, 14 and 15, Chapter 125, Revised Code of 1893, and Section 5, Chapter 159, Volume 13, Laws of Delaware, which said Sections are hereby repealed.
Approved March 29, A. D. 1907.