Del. Code tit. 10 § 9703

Current through 2024 Legislative Session Act Chapter 531
Section 9703 - Sussex County constables

The fees of Sussex 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 scire facias on one or more

defendants, including all services in a cause before judgment ....................$1.00

For serving and returning a subpoena $ 1 for the first 2 persons and 50¢ for

each additional person.

Mileage in serving and returning a summons subpoena or scire facias at the

rate of 10 cents for each mile necessarily traveled to be counted as if all

persons summoned were summoned at the same time.

If no service is made, there shall be no fee except in case of a scire facias

when judgment shall be rendered thereon, but mileage shall be allowed.

Giving notice of an application for or time of a new trial ................................. 1.00

For summoning referees (only one fee to be allowed unless there is a new trial

and then only 2) ............................................................................................ 1.50

Mileage in summoning referees' notice of new trial the same as in the case of

witness.

For summoning witness ...................................................................................... .50

And 10 cents for each mile necessarily traveled, to be counted as if all

witnesses summoned were summoned at the same time.

For summoning garnishees on execution, or other attachment, for each garnishee

(and mileage as in the case of witnesses) .................................................... 1.00

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 the

advertisements must by law be posted ....................................................... 1.00

For taking goods on attachment (other than execution attachment), returning

inventory and appraisement if the goods do not exceed $100 in

value ........................................................................................................... 2.50

If they exceed that sum .................................................................................... 3.50

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 taking goods in execution ......................................................... $ 1.50

Making inventory, appraisement and return ...................................................... 1.00

Advertising, selling goods ................................................................................. 2.00

Together with 5 percent of all the moneys collected.

Collecting on execution, without sale ............................................................... 2.00

Notice to plaintiff in each case ........................................................................... .50

For a return of "no goods" .................................................................................. .75

IN WRITS OF REPLEVIN

For taking goods under writ ........................................................................... $ 2.50

Mileage on execution, the same as in case of summoning witnesses.

For conveying a person to jail ........................................................... 2.00

Mileage the same as in case of summoning witnesses.

For serving a warrant in a criminal case, or for a parentage proceeding............ 2.00

In cases of a search warrant, upon which a search is made of the premises, the

above fee to be allowed.

Mileage in all cases the same as in service of summons.

Conveying defendant from one county to another (5 cents per mile going and

returning ...................................................................................................... 2.00

Summoning witnesses and conveying a person to jail and for levying execution

in a parentage proceeding, the same fees as for like services on civil

process.

Serving attachment to bring body (and mileage at 5 cents per mile)............ 2.00

Attendance at Magistrate's Court during hearing ........................................ 1.00

In case of constable being deputized to assist another regular county

constable the deputized officer shall be entitled to mileage at 5 cents per

mile.

The above fees, mileage, etc., shall apply not only to the regular constables

authorized by law for Sussex County, but to all special constables of said

County appointed therein, and all special constables of said County are hereby

vested with the same powers and duties as heretofore have been vested in

regular constables.

For other services not enumerated in this subtitle, constables of Sussex

County shall be allowed fees and mileage allowed to constables under the

provisions of this chapter.

ATTACHMENT FOR RENT

For attaching goods and making inventory and returning the same, $ 1, when the

demand for rent shall not exceed $ 200, and $ 2 when the demand shall exceed

that sum, and mileage as in case of summoning witnesses.

or advertising goods on order of a justice ....................................... $ .50

For selling goods, 2 percent on the amount of sales applied to rent.

For summoning garnishees, referees, and witnesses, the same fees as are

allowed in other civil cases.

allowed in other civil cases.

10 Del. C. § 9703

24 Del. Laws, c. 248; Code 1915, § 4059; 38 Del. Laws, c. 80; Code 1935, § 4540; 47 Del. Laws, c. 272, § 2; 10 Del. C. 1953, § 9706; 73 Del. Laws, c. 50, §§ 2, 3.;