{"data":{"id":"us-de/10-del.-c.-9701","jurisdiction":"us-de","citation":"10 Del. C. § 9701","heading":"Sheriffs and New Castle County Constables.","body":"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:\nFor 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\nWhen residing in New Castle County south of the Christiana River | 1.00\nMileage in serving and returning a summons or scire facias at the rate of 10 cents for each mile necessarily traveled. |\nIf 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. |\nGiving notice of an application for, or time of a new trial | .50\nFor 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\nWhen residing in New Castle County south of Christiana River | 1.00\nMileage in summoning referees the same as in the case of witness. |\nFor summoning witness, each when residing in New Castle County north of Christiana River and in Kent and Sussex Counties | .25\nWhen residing in New Castle County south of Christiana River | .50\nAnd 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. |\nFor summoning garnishees on execution, or other attachment, for each garnishee (and mileage as in the case of witnesses) | .50\nFor 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\nFor serving attachment to bring body | .50\nAnd 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. |\nFor taking goods on attachment (other than execution attachment) returning inventory and appraisement, if the goods do not exceed $15 in value | .60\nIf they exceed that sum | $1.00\nAnd mileage as in the case of witnesses. |\nBut if the goods be sold on execution, no fee shall be charged for taking on that execution. |\nON EXECUTIONS\nFor giving notice to plaintiff on each execution in his or her hands of date of sale of goods | $ .50\nFor taking goods in execution | .50\nMaking inventory, appraisement and return | .50\nAdvertising, selling goods | 1.00\nCollecting on execution, without sale (if the writ shall have been in his or her hands 15 days before the money is paid) | .80\nOn all sums collected when the execution exceeds $50 there shall also be allowed 5 percent, in addition to the above fees. |\nFor a return of “no goods” | .25\nMileage on execution, the same as in case of summoning witnesses. |\nFor conveying a person to jail, when residing in New Castle County north of Christiana River and in Kent and Sussex Counties | 1.50\nWhen residing in New Castle County south of Christiana River | 3.00\nAnd 10 cents per mile from the place of arrest to the jail, and back to the justice’s office. |\nFor serving a warrant in a criminal case, when residing in New Castle County north of Christiana River and in Kent and Sussex Counties | .50\nWhen residing in New Castle County south of Christiana River | 1.00\nConveying defendant from 1 county to another, 10 cents per mile going and returning. |","path":["Title 10. Courts and Judicial Procedure","Justices of the Peace","CHAPTER 97. Fees"],"source_url":"https://delcode.delaware.gov/title10/c097/index.html#9701","current_through":"2026-08-10 (85 Del. Laws, c. 421, 424)","vintage":"","retrieved_at":"2026-09-05T23:02:13Z","sha256":"20f2b4335150674e5c1d9f7d9501b6dfa5062808bc37d86bcf5a48ea5e9857b6","source_id":"us-de","stale":true,"prev":"us-de/10-del.-c.-9640","next":"us-de/10-del.-c.-9702"},"notice":"GroundRules: Original legal text. Not legal advice."}