2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 97. FEES › § 9701. Sheriffs and New Castle County Constables.

§ 9701. Sheriffs and New Castle County Constables.
The fees of sheriffs and of New Castle County Constables, for the services specified, in cases before a justice of the peace shall be as follows:
For serving and returning a summons, or a scire facias, on one or more defendants, including all services in a cause before judgment, except mileage and summoning witnesses and referees, when residing in New Castle County, north of the Christiana River and in Kent and Sussex Counties
$ .50
When residing in New Castle County south of the Christiana River
1.00
Mileage in serving and returning a summons or scire facias at the rate of 10 cents for each mile necessarily traveled.
If no service be made, there shall be no fee or allowance of mileage, except in case of a scire facias when judgment shall be rendered thereon.
Giving notice of an application for, or time of a new trial
.50
For summoning referees (only 1 fee to be allowed unless there be a new trial and then only 2), when residing in New Castle County north of Christiana River and in Kent and Sussex Counties
.50
When residing in New Castle County south of Christiana River
1.00
Mileage in summoning referees the same as in the case of witness.
For summoning witness, each when residing in New Castle County north of Christiana River and in Kent and Sussex Counties
.25
When residing in New Castle County south of Christiana River
.50
And 10 cents for each mile necessarily traveled, to be counted as if all the witnesses for 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 as in the case of witnesses)
.50
For posting advertisements of attachment (all) with mileage at the rate of 10 cents per mile, going to and returning from the courthouse, where one of said advertisements must by law be posted
.50
For serving attachment to bring body
.50
And mileage as in the case of a summons duly served, but if the attachment is issued through the fault of an officer, the officer shall pay for this and the justice's fee.
For taking goods on attachment (other than execution attachment) returning inventory and appraisement, if the goods do not exceed $15 in value
.60
If they exceed that sum
$1.00
And mileage as in the case of witnesses.
But if the goods be sold on execution, no fee shall be charged for taking on that execution.
ON EXECUTIONS
For giving notice to plaintiff on each execution in his or her hands of date of sale of goods
$ .50
For taking goods in execution
.50
Making inventory, appraisement and return
.50
Advertising, selling goods
1.00
Collecting on execution, without sale (if the writ shall have been in his or her hands 15 days before the money is paid)
.80
On all sums collected when the execution exceeds $50 there shall also be allowed 5 percent, in addition to the above fees.
For a return of “no goods”
.25
Mileage on execution, the same as in case of summoning witnesses.
For conveying a person to jail, when residing in New Castle County north of Christiana River and in Kent and Sussex Counties
1.50
When residing in New Castle County south of Christiana River
3.00
And 10 cents per mile from the place of arrest to the jail, and back to the justice's office.
For serving a warrant in a criminal case, when residing in New Castle County north of Christiana River and in Kent and Sussex Counties
.50
When residing in New Castle County south of Christiana River
1.00
Conveying defendant from 1 county to another, 10 cents per mile going and returning.
24 Del. Laws, c. 248;  Code 1915, §  4059;  32 Del. Laws, c. 212;  Code 1935, §  4540;  47 Del. Laws, c. 272, §  1;  10 Del. C. 1953, §  9704;  70 Del. Laws, c. 186, §  1;