Delaware Code Title 10 Sec. 9701 – Sheriffs and New Castle County Constables
Current as of: 2023 | Check for updates
|
Other versions
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. |
Terms Used In Delaware Code Title 10 Sec. 9701
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Summons: Another word for subpoena used by the criminal justice system.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.