CHAPTER 272

JUSTICES JURISDICTION IN CIVIL CASES FOR DEBT FEES

AN ACT TO AMEND CHAPTER 121 OF THE REVISED CODE OF DELAWARE, 1935, AS AMENDED, ENTITLED, "JUSTICES' JURISDICTION IN CIVIL CASES FOR DEBT," WITH REFERENCE TO FEES OF JUSTICES OF THE PEACE, CONSTABLES, SHERIFFS, WITNESSES AND PARTIES.

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

Section 1. That Chapter 121 of the Revised Code of Delaware, 1935, as amended, be and the same is hereby further amended by striking out and repealing all of 4540. Sec. 51. thereof down to the heading "Constables--Fees of in Kent County," and by substituting and enacting in lieu of the part so stricken out the following:

4540. Sec. 51. JUSTICES OF THE PEACE; CONSTABLES; SHERIFFS; WITNESSES; PARTIES:--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) $1.00

One subpoena for witness .50

Other subpoenas for the same party, in same case, each.. . .25

But more than two shall not be taxed for the same party; if ordered, they shall be at his cost.

For swearing or affirming witness in a case .25

Appointing, summoning and swearing referees 1.00

(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 .50

For postponing a case, to be paid by the party asking for

postponement before the same shall be granted .25

Entering judgment .50

Entering judgment on obligation and warrant 1.00

Every affidavit certified and filed .50

Entering rule to take depositions .25

Transcript of docket entries or full copy of records duly

certified 1.00

Copying interrogatories per line .15

Every execution .50

Filing and entering the return to an execution .50

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 any case, either criminal or civil, that is docketed, heard and judgment rendered thereon, before any Justice of the Peace of this State, such Justice of the Peace shall enter as part of the cost of such case, to be taxed and collected as other costs are taxed and collected, the sum of one dollar and fifty cents to be retained by him.

IN CASES FOR ATTACHMENT FOR RENT

For every affidavit certified and filed $ .50

For issuing attachment .50

For entering return and filing attachment .50

For making order for sale of goods .50

For summoning and swearing referees .50

For swearing garnishees, taking answer and rendering judg-

ment for each garnishee .50

For rendering judgment on report of referees .50

IN CRIMINAL CASES

Taking and certifying any recognizance in any case of a criminal nature (for one or more)
Issuing subpoena for witnesses (either side) for the first

writ

Subsequent writs for either party

(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)

Entering judgment in any case of a criminal nature.

.50

.25
.25

25

.25

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

FORCIBLE ENTRY AND DETAINER

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 witness 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 156.

TO A CONSTABLE IN NEW CASTLE COUNTY AND TO

THE SHERIFFS OF THE RESPECTIVE COUNTIES

For serving and returning a summons, or a scire facias, on one or more defendants, including all services in a cause before judgment, except mileage and summoning witnesses and referees, when residing in New Castle County, north of the Christiana River and in Kent and Sussex Counties $ .50

When residing in New Castle County south of the Christiana River 1.00

Mileage in serving and returning a summons or scire facias at the rate of ten 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), when residing in New Castle County north of Christiana River and in Kent and Sussex Counties .50

When residing in New Castle County south of Christiana

River 1.00

Mileage in summoning referees the same as in the case of

witness.

For summoning witness, each when residing in New Castle County north of Christiana River and in Kent and Sussex Counties .25

When residing in New Castle County south of Christiana River .50

And ten 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) .50

For posting advertisements of attachment (all) with mileage at the rate of ten 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 for 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 date of sale of goods $ .50

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 there shall also be allowed five per cent, in addition to the above fees.

For a return of "No goods" .25

Mileage on execution, the same as in case of summoning witnesses.

For conveying a person to jail, when residing in New Castle County north of Christiana River and in Kent and Sussex Counties 1.50

When residing in New Castle County south of Christiana River 3.00

And ten 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, when residing in New Castle County north of Christiana River and in Kent and Sussex Counties .50

When residing in New Castle County south of Christiana River 1.00

Conveying defendant from one County to another, ten 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.

Section 2. That Constables in Kent and Sussex Counties shall be paid mileage at the rate of Ten Cents ($.10) for each mile necessarily travelled to be counted as if all witnesses or other persons summoned were summoned at the same time.

Approved June 15, 1949.