Delaware State journal and statesman., 1865-04-21
An Act 10 Amend the Ninety
Ninth Chapter of the Revised

GEORGE u. ARMSTRONG, casHn
An Act 10 Amend the Ninety
Ninth Chapter of the Revise
Code.
sKc1loS l. he 1t enacted by the Senate and Hons.
Representatives Of the State Of Delaware ia tener. Az
senhly met That the niuety ynnth Uhaptsr Of the RI
Fised Code be and tile same Is hereby amended b
strklpg out the iortysecond Section thereof all alter u
words, Section a. and Inserting in lien thereof lth
ollowlng-
"The following shall be the legal foes for services
F cases teiore Justice ofthe Peace:
TO JUSTICE OF THE PEACE;
he sams ann hsTs set down when the judgement shall
SSn ns Judsenient snaIi exceed hity dollars Scti
Except execution attaehment) .
4 One subpoena for witnesses, 1
aother snbpgnsa for the sane party in the tamo
iH Case, each, I
E(But more than twOsha not be taxed for tho ssuo
partyi If ordered they shall be at his eost.)
4 Appointing, sunimoning and swearing referees, 2
AtBut only one such fee unless there shall be new
trial, and then not more than two in any caso,)
1 Entry OF ball or surety, Including all, II
Entering Judgement II
Entering Judgement on Obligation and warrant d
Every affidavit certified aud fled, ii
Entering rule TO take dep0titions ii
rrAnscrlpt Of docket entries, duly certified b
Hull copy Of record, ii
Copying inlerrosatories, pOr line one cent.
Every execution Il
Filing and entering the return to an execution ii
#Mriting advertisements Of attachments, a
Taking acknowledgement Of mAnumlaslon OF one
II VI ulIt mhNcb nhU6u thor0n,
For taking proof and giving certificate Of freedom
to authorize marriage, d
Taking and certifying acknowledgements a deol.
whether one or more parties, each Justice, o.
same Of release, aequittance. receipt each jus.
Drawing and taking indeuturs of apprspticenhin
or servant, II one justice, 1 OF
And ifby two justices TO be paid by tho mastery
wriins ihSa approving and o.,,flos III, ,,.,nm.D,
ofan tndenture, q
{ For pro5ate III
For taking deposition or affidavit Ii
For dispensing marriage license taking and 70.
turning bond 10 he paid by the party, 81
in p69Sesdiings ii, for penalty the same Tees as In
penalty provides otherwise
IN CRIMINAL CAsRs.
For taking and hling affidavit or deposition, q
For Issuing warrant of arrest or commitment *
Game Of runway slave ur servant o.
Same for person, convicted Of enteIng n slave ne.
naming coming into the State, 81
iaktns ana certifying any reeognEAnee 10 any
Of criminal nature lor one more), %
Issuing fubpmnah for witnesses (eithar ae) for the
arst writ, ID
subsequent wriis for either party, 10
|(Each writ ahall include all the witnesses named
for the ssme party before Issuing it)
Entering Judgement In any case Of criminal ma
tuTe, If
For all services the trial OF slave on criminal
|Ifby one justice, SO
In proceedings for oreble entry dr deianar or for
holding over the same lees as for like services
In other oaseHi and additionally, Tor attend.
ance during the trial, an
Drawing up the record. so
Issuing warrant Of possession, 10
The witnesses In such proceedings, tho Jurors and
the sheriii, or othcer, for serving hubpunA, or
attachment Tor contempt or on execution pro-
resa' have the same fees Al provided in chap.
ter l2b, Revised Code
IN BAsTARDY CASES.
The same fees as for liksservlces In other criminal
cases aud additionally
For entering orders Of indemnify and maintenance
(f5r both) 3O
Drawing and taking bend Of idemnlty 5oI
10 a CONSTABLE OR sugnIFF ~
For serving and returning summons, or acirs
taelAs, on one or more deiendanta including
mileage aud summoning witnesses and To-
iereeH, sOI
Mileage In serving and returning summons or
seire iaciaH at the rate Of three cents ar each
mile necessarily Travelled.
II no service be made there shall be no fee erGl
lowanee OF mileage, except in cases OF scre
faciaa when Judgement shall be rendered thets-
Giving notice Of application for or time ofnsw
trial, AL
For sumnoning referees tonly one fs to be allow.
81 unl less there be a new trial, and then only
Mileage in summoning referees the same aa in tho
efso Of witnesses,
For summlning witnesses, each, 1bI
and tlree conts for each mile necessarily ira.
yeel, TO be counted as IT all the witnesses Tor
the same party named In the same writ
aud summoned at the same time.
For summonins gainishees on execution or other
attachment, for each garnshee a0i
And mileage the same in the case OF wiinet,na
For posting advertisements Of attachment Oall 5OI
with mileage at the rate Of three cents per mile
goHg to and returning from the Court House
where one OF said advertisements must by law
be posted.
And mileage rs in the case Of a summons dulv
served but this attachment is issued through
the fault Of an officer, he shall pay this aud ihO
For taking goods attachment (other than execu.
tion AttaehmenD returning inventory and ap-
pTaisement and including mileage, It The goods
do not exceed SIS in value 0Ol
And II they exceed that eumi 90
But II the goods be sold on execution, OH Ice shall
bs charged for taking Or appraisng that
ON EXECUTION.
For taking goods in execution, a5|
Making inventory, apprasement and return, 25l
Advertising and selling goods bO|
Collecting an execution without sale df the writ
shall have been in his hands fifteen DAYS
before the money 10 paid 4OI
Double the above fees ii the execution exceeds tl6
besides costs.
lon all sums collected, when the execution exeesds
$50, there shall also bo allowed three per cent.
in addition to the above iees
For return u mo goods" ISL
For cOnyeylng person to jal Sll
And three cents per mile from the place arrest to
the Jail and back to the justices Office.
For servings warrant In a criminal cAse or for
bAstArdy, bOI
Leyyng restitution money aud costs in slave esse 60
Conveying defendant from county 10 auother
five cents per mile going and returning
jail, and for levying execution, In a bastardy
case, the same tees as for like services on civil
process.
entieing slaves, for being In the State, COL
IAnd mileage on other process Of arrest
IRor giving notice to plaintiff on each execution n
his hands Of day Of sale Of goods, ltl
TO A WITNESS.
For each days attendance, 5o
And three cents per mile from the witness, hnpss
tpthe place OF tr al and back
Ito the referees who actually try the cause oaoh oil
land mileage the same As jurors
To THE PARTIES KEsPRCTIVBLY:
For each deposition taken, col
But more than one dollar shall not bs allowed to
either party for depoaitiona In a case before tho
Justice, nor more than five dollars on appeal
Tho Justice shall tax the for every such service mol
other shall be allowed mileage shall ba allowed
unless It he expreasy given in case shall a fse be
chArged for service not perrmed aud every officer or
person, receiving fee, shall, upon demand, give r
icelpt, specifying the items.
II any officer person, shall receive any greater or
more fses than Is herein allowed for the services
or shall refuse to give such receipt or shall add any
not herein specified he shall be- deemed guilty or
7misdemeanor aud shall bs fined not exceeding sIxty
dollars.
Every Justice o the peace shall keep printed or writ
copy Of this act posteiin conppeuou place In hi
kofncs.
SECTION 2. he further enacted That the act ent ed
An Act to amend Chapter 80 the Reylsed Code OF the
State Of Delaware pas,ed at Dover February "a 1850
5is hereby repealed.
slcuos And be II further enacted That the ssere.
ary Of State be and be ia hereby required Immediately
after the passage Of this act eaus the same to pub
shed In all the newspapers Of the state for the
4 one month.
I Passed at Dover, March H. 1866 apr5.im.
Two Large Size OfIioe Desks,