Delaware State journal and statesman., 1865-06-01
An Act 10 Amend the Ninety
Ninth Chapter of the Revised

AplNo'xm ihiAN''fN'"'
An Act 10 Amend the Ninety
Ninth Chapter of the Revised
Code.
SECTION l. BE II enac ted by the Senate Houfe
Representatives ofhe State OF Delaware in ueneral A
seby met, That the ninety ninth Chapter OF the Re-
vised Code 10 and the same Is hereby amended BY
striking out the Section thereof all alter the
words, Section "a and inserting in lieu thereof the
"The following shall ls the legal fees for services Ia
cases before Justice OIL this Pelce
TO JUSTICE OF THE PEACE
The sums here down when the Judgement shall moi
exceed hly dollars and tho double Of such sums when
such Judgement shall exceed hfty dollars cts
| fof Issuing summons, scre iaeias or attachment
Except execution attachmentl rs
| One subpoena for witnesses, IA
Other snbpenas for the same party In the
| case, each, 10
(But than two shall not be taxed for the same
party II ordered they shall be at his cost
| Appointing, summonins and swearing referees, 20
| lBut only such fee unless there shall be
trial, and then not more than two in any eass,)
Entry Of bail or surety, including all, is
Entering Judgement, 10
Catering Judgement on Obligation and warrant, 20
| Every affidavit certified aud hed 10
| Entering rule to take depostions, 10
Transcript Of docket entries, duly certified, 2b
Copying inteTrogatorles per line, one cent.
| Every execution, 10
Filing and entering the return to an exec utIon, is
| Writing advertisements Of attachments, 40
Taking acknowledgement Of manunisslon Of one.
| or more slaves named therein, 2b
| For taking proof aud giving certificate OF freedom
| to authorize marriage, 20
Taking and certifying acknowedgmsnt.of a deed
Wholher one or more parties, each Justice, 90
Same Of release, acquiianee. or receipt each jus
| tce, 30
Drawing and taking lndenture Of apprenticeship,
| or servant, II one Justice 90
And ifby two justices Ito be paid by the master)
Writing, approving and certifying the assignment
/ For pro pate, 10
FOR taking deposition, or afhdavt 25
FOR dispensing marriage license, taking and TO.
turning bond, to be paid by the party 90
| In proceedings for penalty the same fees a. Ia
other civil cases, unless the law imposing the
penalty provides otherwise.
IN CRIMINAL CASES
lor taking aud filing affidavit or deposition, 20
For Issuing warrant of arrest or eommltmenl 20
Same OF runway slave or servant, 30
same for person, convicted OF entieing slave re-
manning or coming into the State, 60
Taking and certifying any recoguFanes Ia any case
OF a criminal nature (ior or moro, 20
Issuing fubpenasfor witnesses (either slde) fof the
hrst writ, 10
Subsequent wris for either party, 10
(kAeh wit shall Include all the witnesses named
for the asme party before issuing H.
Entering Judgement in any case Of & criminal na-
ture,
For ali services on the trial OF a slave on criminal
-, charge df the trial be by two justees) each, 90
Ifby one Justice, 90
In PsoSssdlngs or iorcbls entry do,aiuer or for
holding over the same fees as for like services
during the trial, 90
Drawing up the record, 60
| Issuing warrant Of possession, 60
Ihe witnesses In such proceedings the iurorslAnd
hhe ohotihi VI pWGtf iOf terNlng subpoena,
attachment for contempt execution pro-
~ ssai 5s nAts sle sane Ices as provided In Chap.
IN BASTARDY CASES
Ihe same ices as ior hksserTiees in other criminal
For entering orders Of Indemnity and maintenance
| Cor both, &C
Drawing and taking bsnd Of ldemnity, 20
| Deposition Of mother, S(
TO A CONSTABLE OR SHERIFF.
For serving and returning summons, or scirs
iSelas IN one or more defendants, including
All services IN a cause before Judgement, except
mileage and fummouing witnesses and re.
hneage In serving and returning 4 summons or
i ssi,e IAelAs At me rate Of three cents FIR each
- mile necefaArily travelled.
II no service be made, there shall be no fee or al
iowanoe Of mileage, except In Of a sers
iaeiea when Judgement shall be rendered there
Giving notice Of al application for or time fnew
For snmmoning reerees toniy one fee to bo allow
Cd, unless there be new trial, and then only
Mileage in summonng referses the same as In the
, case of witnesses,
For summoning witnesses, esoh
and three cents for each mile necessarily ira.
yeled, TO be counted as II all the witnesses for
the same party named In the same writ.
n and summoned at the lime
r For summoninB ga'nishess on execution or other
= attachment, for each garnishes,
And mileage the same AZ In the of witnetses
For posting advertisements Of attachment, (sD
with mileage at the rate Of three cents per mile
ia going to and returning from the Court House.
- where one OF said advertisements must BY law
For serving attachment to bring the body
And mileage as in the Of a summons duly
berVedi bnt II this Attaohmen Mt Is issued Through
tine iauit OF an othcer he shall pay this and the
Justices fee.
For taking goods attachment (other than exeeu.
tion Nttachmenp returning inventory and Ap-
prNsement and including mileage, II the goods
do not exceed SIS In value,
: And fthey exceed that tum,
hut II the goods be sold execution, on fac shall
be charged for taking or Appraising that
i. ON EXECUTION.
n For taking goods in execution, :
m Making inventory, appraisement and return,
Z Advertising and selling goods,
is Collecting execution without sale df the writ
d shall have been In his hands dfteen days
to before the money is paid
Double the above fees II the execution exceeds So
50 besides costs.
On all sums collected, when the execution exceeds
IN $50, there shall also be allowed three per cent
in addition 70 the above fees.
For return Of mo gOods,r !
For conveying person to jail,
And three cents per mile from the plaee nf arrsst O..
the jail and back to the justices office
= For serving warrant In criminal case or for
Levying restitution and costs in slave CASE
Conveying defendant from one county to another
i've cents per mile going and returning,
aummoning witnes and conveying a person To
jail, and Tor levying execution, in a bastard,
case, the same lees as for like services ou civil
process. '
Executing warrant to arrest person, conyleed Of
entielng slaves, for being in the State, 4
"a And mileage as on other process Of arrest
ls For giving notice to plaintiff on each execution in
his hAna' OF Gay TS O. 4 saS w1FNSss # sSSss,
For each days attendance,
- to the place Of trial and back.
To the referees who actually Try the cause aaoh 4
And mileage the same $ Jurors
TO THE PARTIES RESPECTIVELY,
" For each deposition taken .
But more than dollar shall not be allovvad 10
D. either party for depoaitiona in case befors M
Justice, nor more than Eve dollars on annesi
- The Justice shall tax the fee for every sueh serv, -
~ other foe shall be allowed mileage shall be- ailoua
he unless i he expressly given in case shall fes
s charged for service not performed and svsrs osr
person, receiving fee shall, upon demand gIva y =
ceipt specifying the items. s"'~"
al II any officer person. shall receive anv vrsatsr
more fees than Is herein allowed for the services speee
shall refuse to give such receipt or shall add nm
Item not herein specified, he shall be- deemed gntv ~
= dollars 'A'
Every justice of the peace shall keep prutsd or
tan copy OF TINS act postedn conspicuous place In
SECTION Q. BE tfurthsr enacted That tIa ac, an,
IAN Act to amend Chapter 90 Of the Reysed Coda ~ ~
State Of DELAWARE passed at Dover February "a ie5
sKcrioS g. And be II further enacted That tba Sac,
ary Of State be and he ls hereby required lmmedSta
alter the passage OF this act same to IA nm
hed In all the neWspapers Of the State for the space
Passed al Dover, March II, 1866
STATE OF DELAWARE,
an - - EXECUTIVE DEPARTMENT I
=. ~ ], CUsTis W. WRIGHT, Secretary Of State of n
State Of Delaware do hereby certify that the above an
~ foregoing is correct and true copy Of the act entie
IAN act to amend the ninetynnth Chapter Of the Rs
vlsed Code passed at Dover, March H. 1866 ths ori
ginAl Of which Is on file in this Department ' ~
In testimony whereof, have hereunto sat m
=, r. hand and Official seal, at Dover this twenty
l-l seventh day Of April, in the year Of our LOT
one thousand eight hundred and al si1ty.ave
CusFlb W. WRIGHT,
mAyz-im Secretary Of State,