Delaware State journal and statesman., 1865-04-25
An Act 10 Amend the Ninety
Ninth Chapter of the Revised

-qI q
GEORGE II. ARMSTRONG, ChsHtEi
An Act 10 Amend the Ninety
Ninth Chapter of the Revised
Code.
SECTION l. He IT enac ted by the Senate and House
Representatives. Of the State OF Dtliware In Osaerl As
emby met, That the ninety.nlnth Chapter Of The Re
Vised Code be and the sRme is hereby amended by
rikpg out the fOryBeCOnd Section thereof all alter M
words Section 4s and inserting in liou thereof Ithe
"rhe following shall be tue legal sos for services il
cases tctore Justice Of the Peace
TO JUSTICE OF TIE PEACE:
The sums here set down when the shall moi
exceed hfty dollars and the double Of such sums when
such Judgement shall exceed afty dollars cts,
Y For Issuing summons, sore faeiAs or attachment
texcept execution attachment) rs
One subpoena for witnesses, rs
other subp@uas for the same party In the same
Case, each, m
but more than twoshall not be taxed for the same
party II ordered they shall be at his cost.l
Appointing, summoning and swearing referees, 25
But only one such fee unless there shall be new
trial. and then not more than two In any casel
Entry OF bail or surety including all, is
Entering Judgement, I6
Entering Judgement on obligation and warrant %
Entering rule to.take dispositions is
Transcript Of docket entries, duly certified, Is
Full copy OF record, "a
Copying interrogatorles per lne one cent.
Every execution iB
Filing aud entering the return to an exec ution, is
writing advertisements Of attachments, 40
Taking acknowledgement Of manumisslou of one
or more slaves named therein, 25
For taking proof and giving certificate OF freedom
to oauiheriEe marriage, 25
Taxing and certifying acknowledgment Of deeI,
whether one or more parties eaeh justice, so
same OF release, aequittance, receipt each jus
tlce, an
Of servant, q one justice, f'.'-''s'''''" co
Aud III BY two justices TO be paid by the mastery
each, 80
Writing, approving and certifying the assignment "
OF an lndenture, 25
For pToSate, 10
For taking deposition, or afidavit Is
For dispensing a marriage license, taking aud re-
turning bond, TO be paid by the party $50
In ploseedlngs ior penalty the same fees as In
other civil cases, unless the law imposing the
penalty provides otherwise.
IN CRIMINAL CASES
For taking and filing affidavit or deposition, 90
For Issuing warrant Of arrest or commitment %
eame Of runway slave or servant, 81
Same for person, convicted Of entioing slave, re.
manning or coming into the State so
1laking aud certifying any recOgnizance n any case
Of a criminal nature tor one or more) 90
hrst writ Isl
subsequent wrlts for either party, Id
Each writ ahall include ali the witnesses named
for the same party before issuing ~
Enterins Judgement in any case of criminal ma.
ture, ih
For ali services on the trial of slave on criminal
II by one justice, So
In proceedings for forcibe entry or detaner or for
holding over the same fees as for like services
In other casesi and additionally, fer attend.
ance during the trial, "a
Drawing up the record, 90
Issuing warrant Of possession, 40
The witnesses in such proceedings, the jurors and
the sheriff, or officer for serving subpoena or
attachment for contempt, VI OR execution pro-
cess have the same fees as provided in Chap.
ter 1876, Revised Code.
IN BAsrARDY CASES.
The same fees as for IkeserVices In other criminal
cases aud additionally
For entering orders Of indemnity and ma nteuaucs
(lbr both) 3O
Drawing and taking bend Of idemnlty sol
'r'''''T 10 CoNsTABLE OR sHERIPP 'O
Fer serving and returning summons, scird
e, fssss on one or more defendants including
mileage and summoning witnesses and
ferees, sol
Mileage in serving and returning a summons or
seire taclas at the rate Of three cents fer each
mile necessarily travelled.
If service be made, there shall be no fee or al.
owanee Of mileage except in cases Of a scire
faclas when Judgement shall be rendered there
Giving notice of an application for or time Ofnsw
trial, 40
For summoning referees tonly one fee to be allow.
ed unless there be new trial, and then only
Mileage in aummoniug referees the same as in the
case Of witnesses,
For summ ming witnesses, each, Isl
and three cents for each mile necessarily ira.
yeei TO be counted asi all the witnesses for
the same party were named In the writ,
and summoned at the same time,
For Eummonng garnishees on execution or other
attachment, for each garnishee, 90
And mileage the same as in the Of Witnesses
For posting advertisements Of attachment (alD so
with mileage at the rate OF three cents Der mile
going to aud returning from the Court House,
whore one Of said advertisements must by law
be posted.
And mileage as in the VI a summons duly
served but fthis attachment Is issued through
the fault Of an officer he shallpay this and the
justices fee.
For taking goods on attachment tother than execu
tion attaehmenp returning inventory and ap.
DO not exceed SIS in value 90
And II they exceed that sum, 90
But II the goods be sold execution, on fee shall
be charged for taking or aPpralsing on that
'A''u ON EXECUTION.
For taking goods In execution, IS
Making inventory, appraisement and return, Is
advertising and selling goods, 50
shall have been In his hands ftteen days
before the money Is paid) 40
Double the above fees IT the execution exceeds sl5
besides costs
On ali sums collected, when the execution exessds
$50, there shall also be allowed three per cent.
In addltion to the above tees.
for q return OF mo goods" rs
For conveying person to JAIL ~
the jail and back to the Justices Office
For seryinga warrant In criminal case or for
bastardy, 60
Levyng restitution money and costs in slave ease 90
Conveying defendant from county to another
Eve cents per mile going and returning.
summoning with esses, and conveying a person to
jail, aud for levying execution, In basiardy
case, the same lees as for like services on civil
process.
Exeeutng a warrant to arrest person, conyieed Of
enticing slaves, for being in the State l OO
And mileage on other process OF arrest.
FOR giving notice to plaintiff on each execution In
his hands OF day OF sale of goods ls
TO WITNESS.
For esch days attendance, 6(
And three cents per mile from the witness house
to the place oftri and back.
10 the referees who actually try the cause, each 81
And mileage the same as Jurors.
TO THE PARTIES RESPECTIVELY;
For each deposition taken, sc
But more than one dollar shall not be allowed to
either party for dispositions in u case before the
justice, nor more than 1--WE dollars on appeal.
The justice shall tax the fec for every such service
,ther fee sAall be allowed mileage shall he allowed
uness It he expressly given in case shall 4 fee b.
charged for service not perlrmed aud every officer
person. receiving lee SHALL upon demand, give a r.
scept specifying the items
il any oncer person, shall receive any greater
than Is herein allowed for the services speeae
Or shall refuse to give such receipt, or shalt add An
not herein specified he shall be deemed RniIiv ~
medemeanor, aud shall bo fuel Lot exceeding nj
livery justice Of the poace shall keep printed or
ten copy Of this act poselin eonapeuous place In Ii
office.
SECTION q De II further enacted, That the act eu,
IAN Act to amend Chapter 90 Of the Revised Code o ii
state delaware" passed at Dover FEBRUARY "a, ie5
is hereby repealed,
sE0TIoS 3. And be It further enacted That the Seer
aTy of State be and he Is hereby requrod imnsdate
the passage Of this act cause the same to b. pu
shed In all the newspapers Of the State for the space
one month.
Passed al Dover, March II, 1866 Apr7.im.
Two Large Size Office Desks,