TITLE 10

Courts and Judicial Procedure

Fees and Costs

CHAPTER 87. COURT, COUNTY AND OTHER PUBLIC OFFICES


The fees of the Attorney General, for the services specified, shall be as listed below:

For the whole prosecution in a capital case $ 10.00

Drawing indictment in capital case, not found  2.40

Drawing indictment in case not capital, if found  2.40

Same, if not found  1.20

Attachment, upon the Attorney General's motion, in the Superior Court

For obtaining judgments in suits brought in favor of the State upon forfeited bonds and recognizances, for appearances in the Superior Court, the Court of Common Pleas, the Family Court for the State and in the Superior Court upon appeals from any of such courts, $10, and 5 percent on the sum collected on the judgments. Whenever the 5 percent on the amount collected in any case exceeds $10, the last aforesaid fee shall not be paid.

For collecting bonds and recognizances without suit, 5 percent on the amount collected.

Code 1852, § 2764; 13 Del. Laws, c. 165; Code 1915, § 4849; Code 1935, § 5344; 10 Del. C. 1953, § 8701; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 176, § 11.;

(a) The fees of the Sheriff of Kent County shall be established by ordinance of the governing body of Kent County.

(b) This section shall not apply to the Sheriff of New Castle County.

(c) The fees of the Sheriff of New Castle County shall be established by ordinance of the governing body of New Castle County.

(d) This section shall not apply to the Sheriff of Sussex County.

(e) The fees of the Sheriff of Sussex County shall be established by ordinance of the governing body of Sussex County.

Code 1812, §§ 2769-2772, 2774; 16 Del. Laws, c. 144, §§ 1, 2; 24 Del. Laws, c. 245, § 1; Code 1915, § 4852; 30 Del. Laws, c. 240; Code 1935, § 5346; 46 Del. Laws, c. 302, §§ 1, 2; 10 Del. C. 1953, § 8702; 50 Del. Laws, c. 150, § 1; 55 Del. Laws, c. 378; 59 Del. Laws, c. 539, § 1; 62 Del. Laws, c. 20, § 1; 64 Del. Laws, c. 149, § 1; 65 Del. Laws, c. 401, § 3.;

Whoever, being a sheriff, neglects or refuses, upon payment to such sheriff of an execution and upon request, to subscribe and deliver to the person paying or settling the same, or to each of them if more than one, a bill of particulars, showing distinctly the debt or damages and interest demanded upon such execution, every item of the costs indorsed thereon, and every item of his or her own fees upon the same, and also a receipt, shall be fined $50, and shall also forfeit 3 times the amount of his or her fees, to be recovered by the person paying the same as debts of like amount are recoverable.

Code 1852, §§ 2838, 2839; Code 1915, §§ 4894, 4895; Code 1935, §§ 5382, 5383; 10 Del. C. 1953, § 8703; 70 Del. Laws, c. 186, § 1.;

The fees charged by the Clerk of the Supreme Court shall be as prescribed in the Rules of that Court.

Code 1852, § 2777; Code 1915, § 4854; Code 1935, § 5348; 10 Del. C. 1953, § 8704.;

The fees of the prothonotary for services provided in civil proceedings shall be established by rule of the Superior Court and shall be uniform among the 3 counties.

Code 1852, §§ 2778-2786, 2789, 2791; 24 Del. Laws, c. 245, § 2; Code 1915, §§ 4855, 4856; Code 1935, §§ 5349, 5350; 48 Del. Laws, c. 164, §§ 1-3; 10 Del. C. 1953, § 8705; 53 Del. Laws, c. 157, § 1; 54 Del. Laws, c. 244; 55 Del. Laws, c. 96; 56 Del. Laws, c. 124; 60 Del. Laws, c. 481, § 1; 62 Del. Laws, c. 22, § 1; 64 Del. Laws, c. 149, § 2; 64 Del. Laws, c. 455, § 1; 66 Del. Laws, c. 185, § 15.;

The fees of the prothonotary for services provided in criminal proceedings shall be established by rule of the Superior Court and shall be uniform among the 3 counties.

Code 1852, §§ 2787, 2788, 2791; Code 1915, § 4856; Code 1935, § 5350; 10 Del. C. 1953, § 8706; 53 Del. Laws, c. 157, § 2; 57 Del. Laws, c. 483; 62 Del. Laws, c. 21, § 1; 64 Del. Laws, c. 149, § 3; 64 Del. Laws, c. 455, § 2; 66 Del. Laws, c. 185, § 16.;

The fees of the Register in Chancery Office for services provided shall be established by the Rules of the Court of Chancery and shall be uniform among the 3 counties.

Code 1852, §§ 2794, 2795, 2798; 24 Del. Laws, c. 246, § 1; Code 1915, §§ 4857, 4857(a); 36 Del. Laws, c. 274; 40 Del. Laws, c. 249; Code 1935, § 5351; 10 Del. C. 1953, § 8707; 64 Del. Laws, c. 149, § 4; 65 Del. Laws, c. 401, § 2; 73 Del. Laws, c. 91, § 8.;

Repealed by 73 Del. Laws, c. 91, § 9, effective Jan. 1, 2002.;

Whoever neglects or refuses to pay the fees provided for in §§ 8707 and 8708 of this title, for any service performed within 10 days after written demand from the officer to whom such fees are due, shall be fined $10 besides costs of suit.

24 Del. Laws, c. 246, § 6; 24 Del. Laws, c. 247, § 4; Code 1915, § 4890; Code 1935, § 5378; 10 Del. C. 1953, § 8709.;

The fees of an attorney-at-law, for the services specified, shall be as listed below:

For every writ drawn by the attorney $ .40

Appearance for either plaintiff or defendant in an action or suit at law, or on appeal from a justice of the peace or Court of Common Pleas, or upon a certiorari  2.67

Appearance for either plaintiffs or defendants in an action or cause in Chancery  13.33

Every appeal bond for prosecuting an appeal in the Supreme Court

Drawing warrant of attorney  .13

Complaint, declaration, motion, plea, etc., by warrant of attorney

All pleadings in a cause subsequent to the complaint, to be paid by the party pleading, and for inquisition, prohibition, etc., 1 cent a line.

Code 1852, § 2802; Code 1915, § 4863; Code 1935, § 5358; 10 Del. C. 1953, § 8710.;

The fees of a constable, for the services specified, shall be as listed below:

For attendance upon the Superior Court, each day, to be paid by the county treasurer upon certificate of attendance under the hand of the Prothonotary, the sum of $2.00, and 3 cents per mile going and returning. A constable shall not be allowed for attendance upon 2 courts sitting at the same time.

For attendance on behalf of the county government, each day, to be paid by the county, $2.00, and 3 cents per mile, going and returning.

For attendance as bailiff on petit or special jury during trial, until verdict, 50 cents; provided, that all constables appointed outside of the City of Wilmington and south of the Chesapeake and Delaware Canal shall be paid mileage at the rate of 5 cents per mile both going and returning in all cases where constables now receive mileage.

Code 1852, § 2806; 13 Del. Laws, c. 166, § 1; Code 1915, § 4865; 28 Del. Laws, c. 248; Code 1935, § 5360; 10 Del. C. 1953, § 8712.;

The fees of a referee, for the services specified, shall be as listed below:

For attendance under a rule of court, (the referees being duly sworn or affirmed, and report duly made) $ 1.00

Also, 3 cents per mile going and returning; mileage not to be allowed for more than 2 days attendance.

Code 1852, § 2813; Code 1915, § 4870; Code 1935, § 5366; 10 Del. C. 1953, § 8713.;

The fees of a commissioner in the Court of Chancery, for the services specified, shall be as listed below:

For attendance under an order of court to make partition, assign dower, estimate annual value of ward's lands, etc., if regular return is made, each day $ 2.00

Code 1852, § 2815; 12 Del. Laws, c. 536; Code 1915, § 4872; Code 1935, § 5368; 10 Del. C. 1953, § 8714.;

For services on surveys and partitions in the Court of Chancery, ejectment in the Superior Court, marking and bounding of disputed lines, laying out of public roads, etc., surveyors, chain-carriers, axe-persons, target-bearers, witnesses, and all other persons necessary to the economical execution of any order of any of the courts in such cases, and the person having in charge the procurement of the execution of any such order, for his or her services in the premises, including the board and accommodations of persons properly employed in and about the execution of the work, the several courts concerned shall fix a just and fair compensation or allowance. All such charges and the expenses so incurred in and about the premises shall be a joint charge upon all the parties interested in such work, in proportion to their respective interests therein.

12 Del. Laws, c. 463; Code 1915, § 4873; Code 1935, § 5369; 10 Del. C. 1953, § 8715; 70 Del. Laws, c. 186, § 1.;

The fees in distress proceedings, for the services specified, shall be as listed below:

For making distress and giving notice $ .50

Summoning and qualifying freeholders, including cases where freeholders both value rent and appraise goods .50

All services by a freeholder .20

Advertising .40

And 2 percent upon the proceeds of sale, applied to rent.

Giving notice to landlord of sale of tenant's goods .20

And 2 cents a mile going and returning from the premises to the landlord's residence; this fee to be charged to the tenant, and first paid out of the sale of the tenant's goods.

For giving such notice the officer shall have but 1 fee, whatever be the number of writs in the officer's hands against the tenant. If there be executions or attachments, in the hands of several constables at the time of giving such notice, only the officer who made the first levy shall receive the fee under this provision.

Code 1852, § 2831; Code 1915, § 4884; Code 1935, § 5372; 10 Del. C. 1953, § 8716; 70 Del. Laws, c. 186, § 1.;