Del. Code tit. 10 § 9701

Current through 2024 Legislative Session Act Chapter 494
Section 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 one 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.

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 one county to another, 10 cents per mile going

and returning.

and returning.

10 Del. C. § 9701

24 Del. Laws, c. 248; Code 1915, § 4059; 32 Del. Laws, c. 212; Code 1935, § 4540; 47 Del. Laws, c. 272, § 1; 10 Del. C. 1953, § 9704; 70 Del. Laws, c. 186, § 1.;