Delaware State journal and statesman., 1865-04-18
An Act 10 Amend the Ninety
Ninth Chapter of the Revised

An Act 10 Amend the Ninety
Ninth Chapter of the Revise
Code.
sRclIeS |. Be 1t enacted ly the senate and Hours
Representatives of,the State OF Delaware In Genera As
semby met, That the ninety ninth Chapter Of The Re
vised Code be and the same ia hereby amended b
striking out the oIyaeeond Section thereof all alter
rhe following shall be the legal fees for services
cases before Justice oil the Peace:
TO JUSTICE OF THE PEACE.
The sums here set down, whom the Judgement shall n
exceed nfty dollars; and the double Of such whe
such Judgement shall exceed aty dollars: Scl
4 For Issuing summons seirs faciAs or attachment
Except execution attaehmentJ
One Subpoena for witnesses,
Other subpenas for the sane party in the same
Case, each,
lBut more than twoshan not be taxed for the same
party; II ordered they shall be at his eost.)
sAppointlng hammoning aud swearing referees,
ItBut only one such fee unless there shall be new
trial and then not more than two In any easel
Entry of bail or surety, including all,
Entering Judgement
Entering Judgement on obligation and warrant
Every Affidavit certified aud filed,
Entering rule to take depOstiOns,
Transcript Of docket entries, duly certified,
Full copy Of record
Copying lnterrosatOries, per line one cent.
Every execution,
lflling and entering the return 10 an execution,
Writing advertisements Of attachments,
Taking acknowledgement Of a manumiasion Of one,
or more slaves named therein
For taking proof and giving certificate Of freedom
to authorize marriage,
aIaking and certifying acknowledgement deed,
whether one or more parties, each justice,
Same OF release, aequittanee. or receipt, each jus
tice,
Drawing and taking indenture of apprenticeship.
servant, II one Justice,
And i by two justices ito be paid BY the mastery
Writing, approving and certifying the assignment
fan indenturs,
For probate,
For taking deposition, or affidavit,
For dispensing marriage license, taking and re-
turning bond, TO be paid by the party,
In proceedings for penalty the same fees as
other civil cases, unless the law imposing the
penalty provides otherwise.
IN CRIMINAL, CASES
For taking and filing AFFIDAVIT or deposition,
F For issuing warrant Of arrest commitment
Game Of runway slave or servant,
Same for person, convicted Of enticlng slave re-
manning or coming into the State,
tTaking and certifying any reeognzance Ia any case
of 4 criminal nature flor or more),
Issuing subp@nas for witnesses either side for the
Subsequent wrlts for either party,
(Eaeh writ aha include all the witnesses named
for the same party before issuing III
Entering Judgement In any case IF a criminal nA-
ture,
For ali services on the trial of slave on criminal
|Ifby one Justice, 8
In proceedings for ioreible entry deainer or for
holding over the fees as for like services
in other casesi and additionally, for attend,
ance during the trial,
Drawing up the record,
Issuing warrant Of possession,
The witnesses in such proceedings, The jurors and
the sheriff, or oihcer, for serving subpoena, or
attachment for contempt, Or ON execution pro-
cess, have the same fees 81 provided in Chap.
VI '''' ''' IN BxsTARDY CASES.
The same fees as for keserViees In other criminal
oasesj and additionally
For entering orders Of indemnity and maintenance
Drawing and taking bend Of idemniy, o
'Deposition of mother,
TO CONSTABLE OR SHERIFF..
For serving and Seturning summons, Or scirs
facias on one or more defendants including
all services In a cause before Judgement except
mileage and summoning witnesses aud re.
Mllesge in serving and returning summons or
seire faciAs at the rate Of three cents fr each
mile necessarily travelled.
hi no service be made there shall be no fee or al
lowancs Of mileage, except In cases OF n sclre
fselas when Judgement shall be rendered there.
0iVing notice Of an application for OF time OF new
For summonlng referees (only enc fee to be allow.
ell Mess there be new triiit Hnd then only
Mileage in summonlng referees the same as in the
case OF witnesses,
For Bummoning witnesses, each,
and taree cents for each mile necessarily ira
veed, TO be counted as II all the witnesses for
the same party were named in the fame writ,
and summoned at the same time
For summoning gafnishees execution or other
attachment, for each garnlshee,
And mileage the same as IN the Of MitnasEaa
lFor posting advertisements Of attachment (allj
with mileage at the rate Of three cents par mile
going to and returning from the Court House
where one Of said advertisements must by law
be posted.
For serving attachment to bring the body,
And mileage as in the case Of summons duly
served but If this attachment Is issued through
the fault Of an officer, he shall pay this and he
Justices fee.
For taking goods on attachment (other than execu
ton attachmenD returning inventory and ap.
praisement and including mileage, It the gobis
do not exceed $lj in value,
And II they exceed that sum, o
But Il The goods be sold execution on fse shall
be charged for taking or aPpmlsing on ihat
sA''O'''A' ON EXECUTION.
For taking goods in execution,
Making Inventory, appraisement and return,
advertising aud selling goods,
collecting execution without sale Of the writ
shall have been In his hands fifteen DAYS
before the money Is paid
Double the above fees II the execution exceeds sl5
besides costs.
On ali sums collected, when the execution exceeds
$780, there shall also be allowed three per cent.
in addition to the above fees.
For a 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 office.
For serving warrant In q criminal case for
Levying restitution money and costs In slave case
lConveying defendant from one county to another
i've cents per mile going and returning.
summoning with esses and conveying a person 70
case, the same lees as for like services on civil
process.
Exstutlng a warrant to arrest person, conviced sf
enticing slaves, for being In the State, IL
Aud mileage as on other process Of arrest.
For giving notice to plaintiff on each execution in
4 bis hands Of day of sale Of goods,
TO A WITNESS.
For each days attendance
And three cents per mile from the witness houae
i to the place Of tri al and back.
Ito the referees who actually try the cause each
And mileage the same as jurors.
TO THE PARTIES RESPECTIVELY
4 For zach deposition taken,
But more than one dollar shall not be allowed to
4 either party for depositions in before the
Justice, nor more thsn live dollars on appeal.
The Justice shall tax the fee Tor every such service
other fee SHALL be allowed mileage shall be alowe
unless II he expressly given in shall fee
charged for service not performed and every officer
nerson, receiving fee shall, upon deaaud, give
gcept specifying the Items.
& Ii any officer, person. shall receive any greater
more fees than is herein allowed for the services specific
or shall refuse to give such receipt or shall add ii
item not herein specified, he shall be deemed guilty
msdemeanor, and shall be tinet rot exceeding six
livery Justice Of the peace shall keep printed or VIZ
ten COPY Of this act poseina conspicuous place in
office.
SECTION 2. BE itfurther enacted That the act euttl
"An Act to amend Chapter 90 OF the Revised Code Of
stste ofDelAware' passed at Dover, February "a is
tis hereby repealed
sEorloS o. And be It further enacted. That tho see
tary OF State be and he Is hereby required mmedat
the passage Of this act to cause the same 70
ished In all the newspapers of tho State for the space
4 sone month.
X Passed at Dover March II, 1865 Apr7.lm.
1 NOTICE.