Smyrna times., 1865-05-04
TO A CONSTABLE on CIICp1rE

To A CONSTABLE OR SHERIFF.
FOR serving and returning summons, or scire
1aclaS, Oh one or more defendants, inclu.
ulng all services in cause before iudg-
ment, except mileage and summoning
witnesses and referees
Mileage in serving and returning a Summons
or scIre facias at the rate of three cents
Tor each mile eceSsarily Travelled.
IL no service be made, there shall be no fee or
allowance OF mileage, except in case OF
scire facias when judgment shall be rem.
dcred thereon.
Giving notice of an application for or time of
new trial,
For summoning referees (only one fee to be
allowed, unless there be 4 new trial, and
then only two),
Mileage in summonng referees the same as
In the case of witnesses.
For summoning witnesses, each,
and three cents for each mile NECESSARILY
Travelled, to be counted as if all the wit
nesses tor 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 the same as in the case OF wit
nesses.
For posting advertisements sofattachment, (alD
with mileage at the rate OF three cents
per mile going to and returning from the
Court House, where one Of said adver-
tisements must by law be posted.
For serving attachment 10 bring the body,
And mileage in the case of a summons du-
ly served; but il this attachment is issued
through the fault of an officer, he shall
pay this and the Justices fee.
For taking goods on attachment (other than
execution attachmenD returning invento-
ry and appraisement and including mile
age, if the goods do Dnf exceed 3I : in
value,
Aud if they exceed that sum.
But 1t the goods be sold on execution, no fee
shall be charged for taking or appraising
on that execution.
ON EXECUTIONS.
For taking goods in executions,
Making inventory, appraisement and return,
Advertising and selling goods,
Collecting an execution without sale (if the
writ shall have been in his hands fifteen
days before the money is paid),
Double the above fees if the execution ex.
ceeds Sl5, besides costs.
On all sums collected, when the execution ex.
ceeds $50, there shall also be allowed
three per cent in addition to the above
fees.
For return of "no goods"
For conveying person to Jail,
And three cents per mile from the place Of
arrest to the Jail and back to the Justices
off ce.
For serving warrant in criminal case or
for 6astardy,
Levying restitution money and costs in
slave case,
Conveying defendant from one county to anu.
ther five cents per mile going and return
ing.
Summoning witnesses, and conveying a per.
son to Jail, and for levying execution, in
bastardy case, the same fees as for like
service on civil process.
Executing warrant to arrest person, convicted
OF enticIng slaves, for being in the State,
And mileage as on other process Of arrest.
For giving notice to plaintiff on each execu.
tion in his hands of day Of sale of goods,
TO A WITNESS.
For each days attendance,
And three cents per mile from the witness
house to the place of trial and back.
To the referees who actually try the case, each
And mileage the same as Jurors.
TO THE PARTIES RESPECTIVELY.
For each days attendance,
But more than one dollar shall not be allowed
to either party tor depOsitons in a case
before the justice, nor more than five dol
lars appeal.
The justice shall tax the fee for every such g,
vice; no other fee shall be allowed no mileage sh;
oe ahoweu unless IL De expressly given; In no ca
shall fee be charged for service not Performs
and every othcer or person, receiving a fee shall
on demand, give a receipt, specifying the items.
If any officer, or person, shall receive any great
or more fees than is herein allowed for the servc
specified, or shall refuse to give such a receipt,
shall add any item not herein specified, he shall
deemed guilty of misdemeanor, and shall be fin
not exceeding sixty dollars.
Every justice of the peace shall keep printed
written copy of this act posted in conspicuo
place in his office.
SECTION =. BE further enacted, That the act e
titled IAN Act to amend Chapter SO of the Revis
Code of the State of Delaware" passed at Dow
February "a, 1859, is hereby repealed.
SECTION g. And be it further enacted. That I
Secretary of State be and he is hereby required il
medlatey after the passage of this act, to cause
same to be published in all the newspapers of t
State for the space of one month. mv4