Chapter 87. Court, County and Other Public Offices
TITLE 10
Courts and Judicial Procedure
Fees and Costs
CHAPTER 87. COURT, COUNTY AND OTHER PUBLIC OFFICES
§ 8701. Attorney General.
The fees of the Attorney General, for the services specified, shall be
as listed below:
For the whole prosecution in a capital case ......................... $ 10.00
Drawing indictment in capital case, not found .......................... 2.40
Drawing indictment in case not capital, if found ....................... 2.40
Same, if not found .................................................... 1.20
Attachment, upon the Attorney General's motion, in the Superior Court .. 1.00
For obtaining judgments in suits brought in favor of the State upon forfeited
bonds and recognizances, for appearances in the Superior Court, the Court of
Common Pleas, the Family Court for the State and in the Superior Court upon
appeals from any of such courts, $10, and 5 percent on the sum collected on
the judgments. Whenever the 5 percent on the amount collected in any case
exceeds $10, the last aforesaid fee shall not be paid.
For collecting bonds and recognizances without suit, 5 percent on the amount
collected.
collected.
Code 1852, § 2764; 13 Del. Laws, c. 165; Code 1915, § 4849; Code 1935, § 5344; 10 Del. C. 1953, § 8701; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 176, § 11.;
§ 8702. Sheriff.
(a) The fees of the Sheriff of Kent County shall be established by ordinance of the governing body of Kent County.
(b) This section shall not apply to the Sheriff of New Castle County.
(c) The fees of the Sheriff of New Castle County shall be established by ordinance of the governing body of New Castle County.
(d) This section shall not apply to the Sheriff of Sussex County.
(e) The fees of the Sheriff of Sussex County shall be established by ordinance of the governing body of Sussex County.
Code 1812, §§ 2769-2772, 2774; 16 Del. Laws, c. 144, §§ 1, 2; 24 Del. Laws, c. 245, § 1; Code 1915, § 4852; 30 Del. Laws, c. 240; Code 1935, § 5346; 46 Del. Laws, c. 302, §§ 1, 2; 10 Del. C. 1953, § 8702; 50 Del. Laws, c. 150, § 1; 55 Del. Laws, c. 378; 59 Del. Laws, c. 539, § 1; 62 Del. Laws, c. 20, § 1; 64 Del. Laws, c. 149, § 1; 65 Del. Laws, c. 401, § 3.;
§ 8703. Sheriff's neglect or refusal to give statement of payments and costs; penalty.
Whoever, being a sheriff, neglects or refuses, upon payment to such sheriff of an execution and upon request, to subscribe and deliver to the person paying or settling the same, or to each of them if more than one, a bill of particulars, showing distinctly the debt or damages and interest demanded upon such execution, every item of the costs indorsed thereon, and every item of his or her own fees upon the same, and also a receipt, shall be fined $50, and shall also forfeit 3 times the amount of his or her fees, to be recovered by the person paying the same as debts of like amount are recoverable.
Code 1852, §§ 2838, 2839; Code 1915, §§ 4894, 4895; Code 1935, §§ 5382, 5383; 10 Del. C. 1953, § 8703; 70 Del. Laws, c. 186, § 1.;
§ 8704. Clerk of the Supreme Court.
The fees charged by the Clerk of the Supreme Court shall be as prescribed in the Rules of that Court.
Code 1852, § 2777; Code 1915, § 4854; Code 1935, § 5348; 10 Del. C. 1953, § 8704.;
§ 8705. Prothonotary; civil proceedings.
The fees of the Prothonotary for services provided in civil proceedings shall be established by rule of the Superior Court and shall be uniform among the 3 counties.
Code 1852, §§ 2778-2786, 2789, 2791; 24 Del. Laws, c. 245, § 2; Code 1915, §§ 4855, 4856; Code 1935, §§ 5349, 5350; 48 Del. Laws, c. 164, §§ 1-3; 10 Del. C. 1953, § 8705; 53 Del. Laws, c. 157, § 1; 54 Del. Laws, c. 244; 55 Del. Laws, c. 96; 56 Del. Laws, c. 124; 60 Del. Laws, c. 481, § 1; 62 Del. Laws, c. 22, § 1; 64 Del. Laws, c. 149, § 2; 64 Del. Laws, c. 455, § 1; 66 Del. Laws, c. 185, § 15.;
§ 8706. Prothonotary; criminal proceedings.
The fees of the Prothonotary for services provided in criminal proceedings shall be established by rule of the Superior Court and shall be uniform among the 3 counties.
Code 1852, §§ 2787, 2788, 2791; Code 1915, § 4856; Code 1935, § 5350; 10 Del. C. 1953, § 8706; 53 Del. Laws, c. 157, § 2; 57 Del. Laws, c. 483; 62 Del. Laws, c. 21, § 1; 64 Del. Laws, c. 149, § 3; 64 Del. Laws, c. 455, § 2; 66 Del. Laws, c. 185, § 16.;
§ 8707. Register in Chancery.
The fees of the Register in Chancery Office for services provided shall be established by the Rules of the Court of Chancery and shall be uniform among the 3 counties.
Code 1852, §§ 2794, 2795, 2798; 24 Del. Laws, c. 246, § 1; Code 1915, §§ 4857, 4857(a); 36 Del. Laws, c. 274; 40 Del. Laws, c. 249; Code 1935, § 5351; 10 Del. C. 1953, § 8707; 64 Del. Laws, c. 149, § 4; 65 Del. Laws, c. 401, § 2; 73 Del. Laws, c. 91, § 8.;
§ 8708. Register in Chancery.
Repealed by 73 Del. Laws, c. 91, § 9, effective Jan. 1, 2002.
§ 8709. Neglect or refusal to pay fees; penalty.
Whoever neglects or refuses to pay the fees provided for in §§ 8707 and 8708 of this title, for any service performed within 10 days after written demand from the officer to whom such fees are due, shall be fined $10 besides costs of suit.
24 Del. Laws, c. 246, § 6; 24 Del. Laws, c. 247, § 4; Code 1915, § 4890; Code 1935, § 5378; 10 Del. C. 1953, § 8709.;
§ 8710. Attorney-at-law.
The fees of an attorney-at-law, for the services specified, shall be as
listed below:
For every writ drawn by the attorney ................................. $ .40
Appearance for either plaintiff or defendant in an action or suit at law,
or on appeal from a justice of the peace or Court of Common Pleas,
or upon a certiorari ..................................................... 2.67
Appearance for either plaintiffs or defendants in an action or cause in
Chancery ............................................................. 13.33
Every appeal bond for prosecuting an appeal in the Supreme Court . 1.00
Drawing warrant of attorney ........................................... .13
Complaint, declaration, motion, plea, etc., by warrant of attorney ... 2.67
All pleadings in a cause subsequent to the complaint, to be paid by the
party pleading, and for inquisition, prohibition, etc., one cent a line.
party pleading, and for inquisition, prohibition, etc., one cent a line.
Code 1852, § 2802; Code 1915, § 4863; Code 1935, § 5358; 10 Del. C. 1953, § 8710.;
§ 8711. Constable.
The fees of a constable, for the services specified, shall be as listed below:
For attendance upon the Superior Court, each day, to be paid by the county treasurer upon certificate of attendance under the hand of the Prothonotary, the sum of $2, and 3 cents per mile going and returning. A constable shall not be allowed for attendance upon 2 courts sitting at the same time.
For attendance on behalf of the county government, each day, to be paid by the county, $2, and 3 cents per mile, going and returning.
For attendance as bailiff on petit or special jury during trial, until verdict, 50 cents; provided, that all constables appointed outside of the City of Wilmington and south of the Chesapeake and Delaware Canal shall be paid mileage at the rate of 5 cents per mile both going and returning in all cases where constables now receive mileage.
Code 1852, § 2806; 13 Del. Laws, c. 166, § 1; Code 1915, § 4865; 28 Del. Laws, c. 248; Code 1935, § 5360; 10 Del. C. 1953, § 8712.;
§ 8712. Referees.
The fees of a referee, for the services specified, shall be as listed
below:
For attendance under a rule of court, (the referees being duly sworn or
affirmed, and report duly made) ....................................... $ 1.00
Also, 3 cents per mile going and returning; mileage not to be allowed for
more than 2 days attendance.
more than 2 days attendance.
Code 1852, § 2813; Code 1915, § 4870; Code 1935, § 5366; 10 Del. C. 1953, § 8713.;
§ 8713. Commissioners in Court of Chancery.
The fees of a commissioner in the Court of Chancery, for the services
specified, shall be as listed below:
For attendance under an order of court to make partition, assign dower,
estimate annual value of ward's lands, etc., if regular return is made, each
day .................................................................. $ 2.00
day .................................................................. $ 2.00
Code 1852, § 2815; 12 Del. Laws, c. 536; Code 1915, § 4872; Code 1935, § 5368; 10 Del. C. 1953, § 8714.;
§ 8714. Surveyor, chain-carrier, axe-person, target-bearer.
For services on surveys and partitions in the Court of Chancery, ejectment in the Superior Court, marking and bounding of disputed lines, laying out of public roads, etc., surveyors, chain-carriers, axe-persons, target-bearers, witnesses, and all other persons necessary to the economical execution of any order of any of the courts in such cases, and the person having in charge the procurement of the execution of any such order, for his or her services in the premises, including the board and accommodations of persons properly employed in and about the execution of the work, the several courts concerned shall fix a just and fair compensation or allowance. All such charges and the expenses so incurred in and about the premises shall be a joint charge upon all the parties interested in such work, in proportion to their respective interests therein.
12 Del. Laws, c. 463; Code 1915, § 4873; Code 1935, § 5369; 10 Del. C. 1953, § 8715; 70 Del. Laws, c. 186, § 1.;
§ 8715. Distress proceedings.
The fees in distress proceedings, for the services specified, shall be
as listed below:
For making distress and giving notice ................................ $ .50
Summoning and qualifying freeholders, including cases where freeholders
both value rent and appraise goods ...................................... .50
All services by a freeholder ............................................ .20
Advertising ............................................................. .40
and 2 percent upon the proceeds of sale, applied to rent.
Giving notice to landlord of sale of tenant's goods ..................... .20
and 2 cents a mile going and returning from the premises to the
landlord's residence; this fee to be charged to the tenant, and first paid out
of the sale of the tenant's goods.
For giving such notice the officer shall have but one fee, whatever be
the number of writs in the officer's hands against the tenant. If there be
executions or attachments, in the hands of several constables at the time of
giving such notice, only the officer who made the first levy shall receive the
fee under this provision.
fee under this provision.
Code 1852, § 2831; Code 1915, § 4884; Code 1935, § 5372; 10 Del. C. 1953, § 8716; 70 Del. Laws, c. 186, § 1.;