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