JUSTICES' JURISDICTION IN CIVIL CASES OF DEBT. CHAPTER 99. 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 new trial, For summoning referees, (only one fee to be allowed unless there be a new trial, and then only two,)..... Mileage in summoning referees, the same as in the case of witnessess. For summoning witnesses, each,... And three 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,) For posting advertisements of attachments (all) with mileage at the rate of three cents per mile, going to and returning from the Court House, where one of said advertisements must by law be posted, For serving attachment to bring body, And mileage as in the case of a summons duly served, but if the attachment is issued through the fault of an officer, he shall pay this and the justice's fee. For taking goods on attachment, (other than execution. attachment,) returning inventory and appraisement, and including mileage, if the goods do not exceed $15.00 in value, And if they exceed that sum,... 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, Making inventory, appraisement and return,...... Collecting on execution, without sale (if the writ shall have been in his hands fifteen days before the money is paid,)....... Double the above fees, if the execution exceeds $15.00 besides costs. On all sums collected when the execution exceeds $50.00 there shall also be allowed three per cent. in addition to the above fees. For a return of "no goods," For conveying a person to jail, And three 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, or for bastardy, 50 JUSTICES' JURISDICTION IN CIVIL CASES OF DEBT. CHAP. 99. CHAP. 163, VOL. 13. Conveying defendant from one county to another, five cents per mile going and returning. Summoning witnesses and conveying a person to jail, and for levying execution in a bastardy case, the same fees as for like service on civil process. For giving notice to plaintiff on each execution in his hands of day of sale of goods,.... 15 TO A WITNESS. Witness' fees. For each days attendance,....... 50 And three cents per mile from the witnesses' house to the place of trial and back. Parties. Fees to be taxed. Penalty for extortion. Fee bill to be posted. Justices' fees. To the referees who actually try the cause, each and mileage the same as jurors,.... ........ TO THE PARTIES RESPECTIVELY. For each deposition taken,...... But more than one dollar shall not be allowed by either party for depositions in a case before the justice, nor more than five dollars on appeal. 50 50 The justice shall tax the fee for every such service; no other fee shall be allowed; no mileage shall be allowed unless it be expressly given; in no case shall a fee be charged for a service not performed; and every officer or person receiving a fee, shall, upon demand, give a receipt specifying the items any If officer or person shall receive any greater or more fees than is herein allowed for the services specified, or shall refuse to give such receipt, or shall add any item not herein specified, he shall be deemed guilty of a misdemeanor, and shall be fined not exceeding sixty dollars. Every Justice of the Peace shall keep a printed or written copy of this act posted in a conspicuous place in his office.] CHAPTER 163, VOL. 13, LAWS OF DELAWARE. AN ACT TO ESTABLISH THE FEES OF JUSTICES OF THE PEACE TO A JUSTICE OF THE PEACE. For every affidavit certified and filed, fifteen cents. For issuing attachment, twenty-five cents. For entering return and filing attachment, twenty-five cents. For making order for sale of goods, twenty-five cents. For summoning referees and swearing the same, twenty-five cents. JUSTICES' JURISDICTION IN TRESPASS CASES. CHAPTER 100. For swearing garnishees, taking answer and rendering judgment, for each garnishee, twenty-five cents. For rendering judgment on report of referees, fifteen cents. TO A CONSTABLE. For attaching goods and making inventory and returning the same, one dollar, when Constables' fees. the demand for rent shall not exceed two hundred dollars, and two dollars when the demand shall exceed that sum. For advertising goods on order of justice, forty cents. For selling goods, two per cent. on the amount of sales applied to rent. For summoning garnishees, referees and witnesses, the same fees as are allowed for like service under Chapter 571 of the 12th Volume of Delaware Laws.* Passed at Dover, February 21, 1867. CHAPTER 389, VOL. 14, LAWS OF DELAWARE. AN ACT TO PROHIBIT JUSTICES OF THE PEACE OR CONSTABLES FROM TAKING COSTS IN CRIMINAL CASES, &C., UNLESS WHERE to collect costs in except as pro SECTION I. That from and after the passage of this act, it shall not be lawful for Justice of peace any justice of the peace, or constable to collect costs, under any pretense, from com- or constable not plainants or defendants for binding over for appearance at the Court of General Ses- criminal cases sions, or to keep the peace, nor in any other criminal case, except expressly provided vided by Revised for in the Revised Statutes of the State of Delaware; nor shall any justice of the Statutes. peace or constable act as a collecting agent for any person or any sum whatsoever for collecting agent. the collection of which legal proceedings shall have been instituted. Not to act as Fine. SEC. 2. Any justice of the peace or constable offending against the provisions of the Violation, foregoing section shall be deemed guilty of a misdemeanor, and upon conviction thereof misdemeanor. shall forfeit and pay a fine of fifty dollars, for the use of the State, together with the costs of prosecution. SECTION 1. Justices of the peace shall severally, within their re- Jurisdiction. spective counties, have jurisdiction of actions of trespass for direct and immediate injuries for taking or carrying away, destroying or damaging goods or chattels, and for direct and immediate injuries NOTE.-The said Chapter 571, vol. 12, is incorporated as an amendment to Sec. 42, Chap. 99, Rev. Proceedings. Statement of injury. Summons. On claim of be sent to court. JUSTICES' JURISDICTION IN TRESPASS CASES. CHAPTER 100. to real property, when the damages claimed in such action do not exceed one hundred dollars. SEC. 2. The process, modes of trial, right of appeal, and form of proceeding shall be as prescribed in chapter 99, except that there shall be a right to a referee trial, and of appeal, in every case; and that there shall be no set-off, and no attachment unless on execution; the cause shall not continue or survive against executors or administrators, and the first, eighth, tenth, eleventh, twelfth, thirtysecond, thirty-third and thirty-sixth sections of that chapter shall not be applied in cases coming under this chapter. SEC. 3. Before the summons is issued, the plaintiff shall file a written statement under hand describing the injury complained of; and if, in any case, the judgment shall be reversed on certiorari for the want of jurisdiction in the justice of the matter so complained of, the justice shall pay all the costs and the court shall by order compel such payment. The form of summons prescribed by chapter 99 shall be varied by substituting for the words "touching a cause of action wherein - is demanded," the following, viz: in an action of trespass for (describe the injury as in the statement filed), whereupon damages to the sum are claimed. of SEC. 4 But if, in an action of trespass for an injury to real profreehold, case to perty, the defendant shall say that the place, wherein the trespass is alleged, is his freehold, or the freehold of any one under whom he claims, and shall give sufficient security for costs and damages, not exceeding one hundred dollars in amount, the justice shall forthwith certify the record of the action to the Superior Court, which shall try the same, as other causes in said court. The entry of the record in court shall imply an appearance of the parties. Security. The entries before the justice may be as follows: On the day of 18-, the defendant says that the place wherein the trespass is alleged is his freehold (or the freehold of A. B., under whom he claims) and prays that this cause may be tried in the Superior Court; and thereupon C. D., becomes bound to the plaintiff in the sum of that the damages and costs which he may recover in said court shall be satisfied; which entry shall be signed by the surety, or it shall be void. JUSTICES' JURISDICTION IN CASES OF FORCIBLE ENTRY, &c. CHAPTER 101. CHAPTER CI. JUSTICES' JURISDICTION IN CASES OF FORCIBLE ENTRY AND SEC. 1. Forcible entry, or detainer, unlawful. 2. Remedy. 3. Statement of injury. 4. Jurisdiction; proceedings; limitation. 5. Either party may have a jury trial. 6. Judgment for plaintiff; for def 't. 7. Oath of jury; verdict. 8. Constable to attend the trial. 9. Penalty on jurors not attending. 10. Adjournments; costs of 11. Witnesses obliged to attend. 12. Justice to preside at the trial. 13. Title not to be tried. Effect of judgment. Constructive possession; restriction. 14. Holding over after notice to quit. Demise; how laid. or detainer, SECTON 1. No person shall enter into any house, lands, or tene- Forcible entry ments, unless entry be given by law, and then not with force, but unlawful. only in a peaceable manner; and no person who shall enter peaceably into any house, lands, or tenements, shall deprive another of the possession thereof and unlawfully detain the same, with force. SEC. 2. When any forcible entry shall be made, or when pos- Remedy. session shall be unlawfully held by force, and also when the lessee, or tenant, of any house, lands, or tenements, or any person holding under him, shall hold possession of the premises, without right, after due notice to quit, the person entitled to the premises may be restored to the possession thereof, as follows: SEC. 3. He shall file with a justice of the peace a statement in Statement of writing, in substance as follows: injury. I 1. In case of a forcible entry and detainer, that the plaintiff, on Entry. such a day and year (fixing the time) was in peaceable possession of the house, or lands (describing them) situate in such a county (naming it) and that C. D., (the defendant) on the same day and year, with force unlawfully entered the same and dispossessed him thereof, and that the said C. D. still detains possession of said house (or lands) unlawfully and with force. 2. In case of a forcible detainer merely, that the plaintiff on such 2 Detainer, a day and year (fixing the time) was in peaceable possession of the house, or lands (describing them) situate in such a county (naming it) and that C. D., (the defendant) on the same day and year, entered into the same, and having deprived him of the possession thereof detains possession of said house (or lands) unlawfully and with force. 3. In case of lessee, or tenant, holding over, that the plaintiff had 3 Holding over. demised the house, or lands (describing them) situate in such a county (naming it) to C. D., (the defendant) for such a term (stating how long) from the day of A. D. 18—, under rent, and that he (the plaintiff) more than three months before the expiration of |