CHAPTER 157

AN ACT TO AMEND SECTION 8705 AND SECTION 8706, TITLE 10, DELAWARE CODE, RELATING TO FEES AND COSTS OF THE PROTHONOTARY.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Section 8705, Title 10, Delaware Code, is repealed and a new Section 8705 enacted in lieu thereof to read as follows:

§ 8705. Prothonotary; civil proceedings

(a) The fees of the Prothonotary, for the services specified, shall be as listed below

For filing complaint, praecipe and issuance of the original and one (1) copy of the following:

Issuing Writ of Summons $15.00

Issuing Writ of Scire Facias 15.00

Issuing Writ of Replevin 15.00

Issuing Writ of Attachment of property (Domestic

and Foreign) 15.00

Issuing Writ of Capias and respondendum 15.00

Issuing Writ of Mechanic's Lien 15.00

Issuing Writ for other original process 15.00

(The above fees include docketing and transcribing to the Continuances Docket)

Entering Return of Sheriff of Secretary of State 2.00

Issuing extra copy of Writ in any of the above cases 2.00

Issuing an alias, pluries, or any subsequent writ of

process 2.00

Issuing Writ of Habere Facias 5.00

Issuing Writ of Liberari Facias 5.00

Issuing Writ of Habere Facias Possessionem 5.00

Issuing Writ of Venditioni Exponas to sell lands 5.00

Issuing Fieri Facias 5.00

Issuing Venditioni Exponas to sell goods and chattels 5.00

Issuing other judicial writs not heretofore mentioned 5.00

Filing every judicial writ returned and entering return 1.00

Issuing a Notary Certificate 1.00

All entries in any civil action (except an amicable action, an action

in the nature of an action of debt without writ) made at each and

every term after first 1.00

Filing answer 1.00

Filing reply to counterclaim 1.00

Filing interrogatories, giving written notice thereof, and

making entry of such filing and notice 1.00

Issuing Commissions to take depositions, filing com

mission returned with depositions, and making entry

thereof 3.00

Giving notice of receipt of depositions 1.00

Registered Mail—as weight and prevailing postal rates require

Regular Mail—as prevailing postal rates required

Issuing warrant to lay down pretensions 2.00

Issuing subpoena to give evidence, or to give evidence

and bring papers, for each witness 1.00

Issuing attachment for Contempt of Court 2.00

Drawing list of Freeholders in preparation to the striking

of a special jury, issuing Venire Facias for such

jury; same to be charged whether trial or not 25.00

Drawing supplemental list of Freeholders when

necessary 15.00

Advertising cause for trial 1.00

Drawing jury and all services in respect to trial including crier 15.00

Hearings 5.00

Issuing Writ of Inquiry of Damages, or other writ of

inquiry, Writ of Possession, Writ of Estrepement, or

other mesne process 5.00

Entering amicable action with all entries, and filing all

papers with the time of entering the same, and V. C

whether issued or not, no less fee to be charged 10.00

Entering judgment upon bond with warrant of attorney

to Prothonotary or attorney for confession of judgment including timing 4.00

Issuing V. C. on judgments whether issued or not 1.00

Entry of judgment confessed under a warrant of attorney or

otherwise, in a civil action in the nature of an action of debt

without writ, filing complaint, and answer, or any other writing or

paper, and every service whatever touching the entry of

such action judgment 5.00

Entering judgment in Judgment Docket, except when

confessed under warrant of attorney 5.00

Recording testatum fieri facias 3.00

Issuing testatum fieri facias to another county 3.00

Taking declaration of garnishee .50

For every general Rule to Show Cause, filing motion,

issuing rule, entering return of Sheriff and order of court

on such rule, no less fee to be charged 10.00

For every Rule to Show Cause why a judgment or mortgage

should not be satisfied, when personal service can be had,

issuing Rule, entering return of Sheriff and order of court on

such Rule, no less fee to be charged 10.00

When personal service cannot be made, and publication must be

had, taking affidavit of Sheriff and entering order of court,

filing Sheriff's return and satisfying judgment 15.00

Appeals to Supreme Court 25.00

ON A REFERENCE

For making and certifying the copy of a Rule of Reference,

filing report and entering judgment thereon 4.00

ON APPEAL FROM A COURT OF COMMON PLEAS

OR JUSTICE OF THE PEACE

For filing and entering transcript of the docket entries

of a Court of Common Pleas or Justice of the Peace

judgment and execution 2.00

For entering appeal, issuing citation, docketing and

transcribing to the docket, no less fee to be charged 15.00

For entering return 2.00

For entering final judgment, or order dismissing the appeal with judgment for costs 2.00

For certifying copy of record of an order dismissing an Appeal with judgment for costs, or any other copy 2.00

And one dollar ($1.00) for certificate

All other services, proceedings, etc., the same fee as for like services in other suits.

Photostatic copies—single sheet .75

ON A CERTIORARI

For taking recognizance with surety, issuing writ, citation, receiving and filing record, entering return of writ (entering judgment or issuing procendendo, when necessary) no less fee to be charged 15.00

For issuing second or subsequent certiorari, to be paid

by the Justice if occasioned by his default 5.00

All other services, proceedings, etc., the same fee as

for like services in other suits.

ON PETITION FOR FREEDOM

For filing petition 5.00

Taking and certifying recognizance, whether of one or

more recognizors 2.00

Taking depositions, each .50

Entering order 1.00

ON COMMISSIONS TO MARK AND BOUND

For filing petition and paper, entering proofs and order,

whether the petition be allowed or not 5.00

Issuing commission 3.00

Receiving commission with return and entering order

of proceeding thereon 3.00

ON DIVORCE

Filing petition and affidavit, issuing writ, docketing and

transcribing to Appearance Docket, not less fee to be charged 15.00

Entering return 2.00

Issuing commission 5.00

For making certified copy of order or judgment 2.00

For entering order or judgment of court 1.00

IN CONDEMNATION AND ROAD CASES

For exhibiting petition and entering appointment of) order

thereon, Issuing such order, Receiving return and entering and

issuing order of review, Receiving order of review and entering

and issuing any subsequent order, and Entering final order approving

return laying out a road 15.00

Each extra certified copy of final order 2.50

OTHER SERVICES

For entering and certifying under hand and seal on

order for Sheriff, executor or administrator to execute a deed

conveying land and tenements 5.00

For taking bond for security for costs, dissolving an

an attachment, or any other bond 3.00

For recording release of certain lands, suggestion of

death or marking a judgment to the use of 1.00

Search upon application of a person not an attorney of

the court 5.00

Issuing Habeas Corpus and entering all proceedings

thereon 10.00

Abstract of judgment containing the names of parties,

the real debt or damages, costs, time when interest

commences term and date of entry 1.00

Entering a surrender by bail and commitment 1.00

For party plaintiff 1.00

For certificate under hand and seal 1.00

For discontinuance 1.00

For judgment according to rule 5.00

For certificate to Recorder on issuing scire facias on mortgage 1.00

For certificate to Recorder on return of levari facias (to

be taxed by the Sheriff in his costs) 1.00

For drawing check under seal 2.00

For lien extension by agreement 2.00

For filing petition which does not have to be recorded

and entering order of court 1.00

For each continuance 1.00

For recording petitions, reports, bonds and all other recording,

for the first page or fractional part thereof 2.00

And for each additional page or fractional part thereof 1.00

For inquisition at bar—including Crier 6.00

For filing petition for a ditch and issuing an order 5.00

For making exemplified copy of any record 4.00

For making certified copy of any record 2.00

For taking any affidavit 1.00

For filing any affidavit 1.00

Inquisition by jury in condemnation case 10.00

Copy of a draught or plot, unless the parties can agree, a sum

to be taxed by any judge.

Affidavit of Acknowledgment of Parentage with Certification 2.00

(b) All other fees of the Prothonotary for services in so far as they are not provided for in this section shall be fixed and regulated by the Superior Court.

(c) A record page shall consist of forty-five lines, and a line, when used as a measure for computation, shall mean eight words.

(d) Whoever neglects or refuses to pay the fees provided for in this section, for any service or services performed, for ten days after demand in writing by the officer to whom such fees are due, shall be fined twenty-five dollars besides costs of suit.

() Before any suit, action or other proceedings is instituted in the Superior Court, the Prothonotary shall demand and receive the sum of $40.00 as a deposit of guaranty for the payment of the fees and costs in his office. Before any execution process is issued, the Prothonotary shall demand and receive the sum of $15.00 as a deposit of guaranty for the payment of the fees and costs in his office. He shall apply such deposit in payment of the fees and costs in his office from time to time as they become due; and shall return to the person depositing the same, any balance remaining after such suit, action or other proceedings is completed. If the sum deposited is reduced by the payment of the fees and costs to an amount which is in the judgment of the Prothonotary insufficient to defray the fees and costs for additional service, the Prothonotary shall before any additional service or services shall be performed by him demand and receive all over-expended sums and such additional deposit as in his judgment shall be sufficient.

Section 2. Section 8706, Title 10, Delaware Code, is repealed and a new Section 8706 enacted in lieu thereof to read as follows:

§ 8706. Prothonotary; criminal proceedings

The fees of the Prothonotary for the services specified, shall be as listed below

For filing an indictment, or information, and entering

the same $ 1.00

Issuing capias upon an indictment, or information, or

when legally required 2.00

Issuing a subpoena to give evidence for each witness

named for a party before issuing the same 1.00

Issuing attachment 2.00

Taking and certifying a recognizance for each recognizor 1.00

Respiting a recognizance for each recognizor .50

Arraigning defendant and making the proper entries thereupon 1.00

Entering a submission and judgment thereon (in which

case the item last stated shall not be charged) 1.00

Drawing a jury and all services in entering verdict and judgment 15.00

Entering a commitment or surrender by bail 1.00

Issuing any judicial writ 2.00

For issuing exemplification of judgment of death 2.00

Issuing habeas corpus for the removal of a prisoner 3.00

Section 3. Section 2311 (b), Title 10, Delaware Code, is repealed and a new Section 2311 (b) enacted in lieu thereof to read as follows:

(b) For the services provided for in subsection (a) of this section, the Prothonotary and Recorder shall each be entitled to a fee of $1.50 to be taxed by the Sheriff in the costs of the case.

Section 4. All fees and costs heretofore established by statute or by Rule of Court are hereby repealed to the extent of any inconsistency with the foregoing fees and costs.

Approved July 31, 1961.