TITLE 10
Courts and Judicial Procedure
Justices of the Peace
CHAPTER 97. Fees
§
9701. Sheriffs and New Castle County Constables.
The fees of sheriffs and of New Castle County Constables, for the services specified, in cases before a justice of the peace shall be as follows:
| 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 10 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 1 fee to be allowed unless there be a new trial and then only 2), 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 10 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 10 cents per mile, going to and returning from the courthouse, 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, the officer 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 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 or her 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 or her hands 15 days before the money is paid) | .80 |
| On all sums collected when the execution exceeds $50 there shall also be allowed 5 percent, 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 10 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, 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 1 county to another, 10 cents per mile going and returning. |
§
9702. Kent County constables.
The fees of Kent County constables, for the services specified, in cases before a Justice of the Peace shall be as follows:
| For serving and returning a summons, or scire facias on one or more defendants, including all services in a cause before judgment | $ 1.00 |
| For serving and returning a subpoena, $1.00 for the first 2 persons and 50¢ for each additional person. | |
| Mileage in serving and returning a summons subpoena or scire facias at the rate of 10 cents for each mile necessarily traveled to be counted as if all persons summoned were summoned at the same time. | |
| If no service is made, there shall be no fee except in case of a scire facias when judgment shall be rendered thereon, but mileage shall be allowed. | |
| Giving notice of an application for, or time of a new trial | 1.00 |
| For summoning referees (only 1 fee to be allowed unless there is a new trial and then only 2) | 1.50 |
| Mileage in summoning referees' notice of new trial the same as in the case of witness. | |
| For summoning witness | .50 |
| And 10 cents for each mile necessarily traveled, to be counted as if all witnesses summoned were summoned at the same time. | |
| For summoning garnishees on execution, or other attachment for each garnishee (and mileage as in the case of witnesses) | 1.00 |
| For posting advertisements of attachment (all) with mileage at the rate of 10 cents per mile, going to and returning from the courthouse, where one of the advertisements must by law be posted | 1.00 |
| For taking goods on attachment (other than execution attach- ment) returning inventory and appraisement if the goods do not exceed $100 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. |
ON EXECUTIONS
| For taking goods in execution | $ 1.50 |
| Making inventory, appraisement and return | 1.00 |
| Advertising, selling goods | 2.00 |
| Together with 5 percent 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 |
IN WRITS OF REPLEVIN
| For taking goods under writ | $ 2.50 |
| Mileage on execution, the same as in case of summoning witnesses | 2.00 |
| For conveying a person to jail | 2.00 |
| Mileage the same as in case of summoning witnesses. | |
| For serving a warrant in a criminal case, or for a parentage proceeding | 2.00 |
| In cases of a search warrant, upon which a search is made of the premises, the above fee to be allowed. | |
| Mileage in all cases the same as in service of summons. | |
| Conveying defendant from 1 county to another (5 cents per mile going and returning) | 2.00 |
| Summoning witnesses and conveying a person to jail and for levying execution in a parentage proceeding, the same fees as for like services on civil process. | |
| Serving attachment to bring body (and mileage at 5 cents per mile) | 2.00 |
| Attendance of Magistrate's Court during hearing | 1.00 |
| In case of Constable being deputized to assist another regular county Constable the deputized officer shall be entitled to mileage at 5 cents per mile. |
§
9703. Sussex County constables.
The fees of Sussex County constables, for the services specified, in cases before a justice of the peace shall be as follows:
| For serving and returning a summons, or scire facias on one or more defendants, including all services in a cause before judgment | $ 1.00 |
| For serving and returning a subpoena $1.00 for the first 2 persons and 50¢ for each additional person. | |
| Mileage in serving and returning a summons subpoena or scire facias at the rate of 10 cents for each mile necessarily traveled to be counted as if all persons summoned were summoned at the same time. | |
| If no service is made, there shall be no fee except in case of a scire facias when judgment shall be rendered thereon, but mileage shall be allowed. | |
| Giving notice of an application for or time of a new trial | 1.00 |
| For summoning referees (only 1 fee to be allowed unless there is a new trial and then only 2) | 1.50 |
| Mileage in summoning referees' notice of new trial the same as in the case of witness. | |
| For summoning witness | .50 |
| And 10 cents for each mile necessarily traveled, to be counted as if all witnesses summoned were summoned at the same time. | |
| For summoning garnishees on execution, or other attachment, for each garnishee (and mileage as in the case of witnesses) | 1.00 |
| For posting advertisements of attachment (all) with mileage at the rate of 10 cents per mile, going to and returning from the courthouse, where one of the advertisements must by law be posted | 1.00 |
| For taking goods on attachment (other than execution attach- ment), returning inventory and appraisement if the goods do not exceed $100 in value | 2.50 |
| If they exceed that sum | 3.50 |
| 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 taking goods in execution | $ 1.50 |
| Making inventory, appraisement and return | 1.00 |
| Advertising, selling goods | 2.00 |
| Together with 5 percent 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 |
IN WRITS OF REPLEVIN
| For taking goods under writ | $ 2.50 |
| Mileage on execution, the same as in case of summoning wit- nesses. | |
| For conveying a person to jail | 2.00 |
| Mileage the same as in case of summoning witnesses. | |
| For serving a warrant in a criminal case, or for a parentage proceeding | 2.00 |
| In cases of a search warrant, upon which a search is made of the premises, the above fee to be allowed. | |
| Mileage in all cases the same as in service of summons. | |
| Conveying defendant from 1 county to another (5 cents per mile going and returning) | 2.00 |
| Summoning witnesses and conveying a person to jail and for levying execution in a parentage proceeding, the same fees as for like services on civil process. | |
| Serving attachment to bring body (and mileage at 5 cents per mile) | 2.00 |
| Attendance at Magistrate's Court during hearing | 1.00 |
| In case of Constable being deputized to assist another regular county Constable the deputized officer shall be entitled to mileage at 5 cents per mile. | |
| The above fees, mileage, etc., shall apply not only to the regular Constables authorized by law for Sussex County, but to all special Constables of said County appointed therein, and all special Constables of said County are hereby vested with the same powers and duties as heretofore have been vested in regular Constables. | |
| For other services not enumerated in this subtitle, Constables of Sussex County shall be allowed fees and mileage allowed to Constables under the provisions of this chapter. |
ATTACHMENT FOR RENT
| For attaching goods and making inventory and returning the same, $1.00, when the demand for rent shall not exceed $200, and $2.00 when the demand shall exceed that sum, and mileage as in case of summoning witnesses. | |
| For advertising goods on order of a justice | $ .50 |
| For selling goods, 2 percent on the amount of sales applied to rent. | |
| For summoning garnishees, referees, and witnesses, the same fees as are allowed in other civil cases. |
§
9704. Witnesses.
The fees of witnesses in cases before a justice of the peace shall be as follows:
| For each day’s attendance | $ .50 |
| And 3 cents per mile from the witness’ house to the place of trial and back. | |
| For the referees who actually try the cause, each, and mileage the same as jurors | .50 |
§
9705. Parties.
The fees of parties in cases before a justice of the peace shall be as follows:
| For each deposition taken | $ .50 |
| But more than $1.00 shall not be allowed by either party for depositions in a case before the justice, nor more than $5.00 on appeal. |
§
9706. Certification of acknowledgments.
The fees of a justice of the peace, for the services specified, shall be as follows:
| $ .50 | .30 |
§
9707. Depositions in appeals.
| For each deposition taken in an appeal from a justice | $ .50 |
| But not more than $5.00 shall be allowed for depositions in 1 appeal. |
§
9708. Duties with respect to fees; limitations on fees.
The justice shall tax the fee for every service specified in this chapter. No other fee shall be allowed and no mileage shall be allowed unless it is expressly given. In no case shall a fee be charged for a service not performed; and every officer or person receiving a fee, shall, upon demand give a receipt specifying the items.
24 Del. Laws, c. 248; Code 1915, § 4059; Code 1935, § 4540; 10 Del. C. 1953, § 9711;
§
9709. Violations and penalty.
Whoever knowingly receives any greater or more or less fees than are allowed in this chapter for the services specified, or refuses to give a receipt or adds any item not specified in this chapter, shall be fined not more than $60.
24 Del. Laws, c. 248; Code 1915, § 4059; Code 1935, § 4540; 10 Del. C. 1953, § 9712;