OF THE FEES OF PUBLIC OFFICERS. CHAPTER 125. All services by a freeholder,...... And two per centum upon the proceeds of sale, applied to rent. Giving notice to landlord of sale of tenant's goods,... SEC. 42. FEES UPON AN ESCHEAT. $ 20 20 40 20 To an escheator there shall be allowed, For receiving and filing information,. Issuing writs, or precepts, to sheriff or coroner, 2 67 ...... Issuing subpoena for witnesses (four to be named in each, if so many there be), Calling and attesting jury of inquiry, and holding, drawing and filing inquisition, 5 00 50 75 25 Attesting each witness, Examining witnesses and reducing their testimony to writ ing, four cents a line. All copies two cents a line, and one dollar for certificate. Filing the same, Executing lease and filing counterpart (the expense of drawing the same to be paid by the lessee),.... 1.00 50 2.00 All other services, by all officers, the same fees as for like services in other cases. Each juror shall receive for his services one dollar per diem, and three cents for each mile necessarily travelled. On escheats. SEC. 43. The word "line" when used in this chapter as a meas- Line, ten words. ure of computation, shall mean ten words. SEC. 44. Every officer before mentioned, who keeps a public Fee lists to be office, shall always keep hung up, in some convenient and conspicu- posted, ous place therein, a printed or written list of the fees herein prescribed, so far as they relate to him. SEC. 45. Any court wherein, or under the order of which any special fees. services not herein expressly provided for, are performed may, in its discretion, make a reasonable allowance for such service. SEC. 46. The provisions of this chapter shall be construed strictly; To be construed strictly. Bills of fees to be OF THE FEES OF PUBLIC OFFICERS. CHAP. 125. CHAP. 225, VOL. 18. no fee shall be allowed for any service until it has been actually performed. SEC. 47. Every officer, or other person, demanding fees, shall, given on request, upon request, deliver to every person on whom such demand shall be made, a bill of the fees demanded, distinctly showing every item, and shall, upon payment and request, annex to said bill a receipt under hand. By sheriff. Penalty. Penalty for extortion, etc. SEC. 48. A sheriff, upon payment to him of an execution, shall, upon request, 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 and damages, and interest demanded upon such execution, every item of the costs indorsed thereon, and every item of his own fees upon the same, and also a receipt. SEC. 49. For any refusal, or neglect, to comply with any of the provisions of the two next foregoing sections respectively, any sheriff, officer, or other person shall be guilty of a misdemeanor, and shall forfeit and pay a fine of fifty dollars; and shall also forfeit three fold the amount of his fees, to be recovered by the person paying the same, as debts of like amount are recoverable. SEC. 50. If any officer shall demand and receive for any official duty, or service, a fee not allowed by law, or a greater fee than is allowed by law, or shall demand and receive a fee for such duty, or service, before the same shall have been actually performed, unless such fee be voluntarily tendered, the person so offending shall be guilty of a misdemeanor, and shall forfeit and pay a fine of sixty Conviction to be dollars. A certified copy of the record of an indictment and conviction for such offence, shall be immediately transmitted, under the direction of the court, to the governor, who shall lay the same before the House of Representatives at the next ensuing session of the general assembly. The costs of certifying such copy shall be taxed as part of the costs of prosecution. certified to the governor. Fees of Justices of the Peace, constables and sheriffs in certain cases, CHAPTER 225, VOL. 18, LAWS OF DELAWARE. AN ACT TO REGULATE THE FEES OF JUSTICE OF THE PEACE, SECTION 1. That from and after the passage of this act, the following shall be the legal fees for services in all cases before any justice of the peace in this State arising under either of the two following acts, that is to say, an act entitled "An act for the suppression of vagrancy," passed at Dover, March 5, 1861, Delaware laws, Volume 12, Chapter 92, and an act entitled "An act concerning tramps," passed at Dover, March 26, 1879, Delaware laws, Volume 16, Chapter 156. OF THE FEES OF PUBLIC OFFICERS. CHAP. 125. CHAP. 225, VOL. 18. For subsequent writs for either party, To a constable or sheriff. For serving a warrant, 66 conveying a person to jail, "commitment to prison, . To a witness. For each days attendance, .05 .10 .10 .10 .10 And three cents per mile from the witnesses house to the place of trial and back, and that it shall not be lawful for any sheriff to charge for more than one day's board unless more than two meals have been furnished the prisoner charged for. Passed at Dover, April 20, 1887. Treason. OFFENCES AGAINST THE SOVEREIGNTY OF THE STATE. CHAPTER 126. TITLE TWENTIETH. OF CRIMES AND PUNISHMENTS. CHAPTER 126. Offences against the sovereignty of the State. CHAPTER 127. Offences against the lives and persons of individuals. Chap. 405, vol. 12; Chap. 271, vol. 12; Chap. 481, vol. 15; Chap. 546, vol. 16; Chap. 226, vol. 17; Chap. 554, vol. 12; Chap. 411, vol. 14; Chap. 625, vol. 17; Chaps. 235 and 238, vol. 18; Chap. 266, vol. 19. CHAPTER 128. Offences against private property. Chap. 232, vol. 17; Chap, 190, vol. 15; Chap. 547, vol. 16; Chap. 425, vol. II; Chaps. 151 and 153, vol. 16; Chap. 189, vol. 15; Chaps. 782, 270 and 275, vol. 19; Chap. 228. vol. 17; Chap, 267, vol. 19; Chap. 379. vol. 15; Chap. 380, vol. 16; Chaps. 93, 687, 688 and 689, vol.18; Chap. 269, vol. 19. CHAPTER 129. Of forgery and counterfeiting. CHAPTER 130. Of offences against public justice. CHAPTER 131. Of offences against religion, morality and decency. Chap. 36, vol. 11; Chaps. 229 and 237, vol. 18; Chap. 783, vol. 19; Chap. 686, vol. CHAPTER 132. Of offences against public policy. Chap. 454, vol. 11; Chap. 92, vol. 12; Chap. 155, vol. 15; Chap. 455, vol. 12; Chap. 546, vol. 12; Chap. 485, vol. 15; Chap. 418; vol. II; Chaps. 661, 231, 227, 232 and 683, vol. 18; Chap. 170, vol. 13; Chap. 234, vol. 17; Chap. 233, vol. 18; Chap. 784, vol. 19; Chap. 230, vol. 18; Chap. 383, vol. 16; Chap. 273, vol. 19; Chap. 228, vol. 18; Chap. 276, vol. 19. CHAPTER. 133. General provisions concerning crimes and punishments. Chap. 138, vol. 16; Chap. 268, vol. 19; Chap. 345, vol. 15; Chap. 551, vol. 16; Chaps. 233 and 235, vol. 17; Chaps. 236, 239 and 246, vol. 18; Chap. 223, vol. 17; Chap. 548, vol. 16; Chaps. 682 and 685, vol. 18; Chap. 156. vol. 15. CHAPTER CXXVI. OFFENCES AGAINST THE SOVEREIGNTY OF THE STATE. SECTION 1. Every person who shall commit treason against the State, shall be deemed guilty of felony, and shall suffer death. OFFENCES AGAINST THE LIVES AND PERSONS OF INDIVIDUALS. CHAPTER 127. SECTION 1. Every person who shall commit the crime of mur- Murder; first der with express malice aforethought, or in perpetrating, or attempt- degree. ing to perpetrate any crime punishable with death, shall be deemed guilty of murder of the first degree and of felony, and shall suffer death. SEC. 2. Every person who shall commit the crime of murder Second degree. otherwise than is set forth in the preceding section, shall be deemed guilty of murder of the second degree and of felony, and shall be fined at the discretion of the court, * * * * * and shall * * * * * be imprisoned for life. * * * Chap. 225,vol.17. Chap. 168, vol. 13. one poisoning and death within one year. SEC. 3. Whoever shall, within this State, wilfully and ma- Wounding or liciously wound, or poison, any person who shall, within year afterward, die of such wounding, or poisoning, at any place in or out of this State, shall be deemed guilty of murder of the first, or of the second degree within the provisions of the preceding sections, and of felony, and shall be punished accordingly. SEC. 4. Upon the trial of an indictment for murder, the jury, if Jury to find the they find the defendant guilty, shall inquire, and by their ver- degree of crime, dict ascertain whether he be guilty of murder of the first or second degree; but if such defendant be convicted upon his confession in open court, the court shall proceed, by the examination of wit- Court, when. nesses, to determine the degree of the murder, and to award sentence accordingly. SEC. 5. Every person who shall commit the crime of manslaughter (unless it be manslaughter committed by a husband on a person found in the act of adultery with his wife) shall be deemed guilty of felony, and shall be fined not less than four hundred nor more than four thousand dollars, and shall be imprisoned for a term not less than one nor more than five years. But if the manslaughter of which the party is convicted, shall have been committed by a husband on a person found in the act of adultery with his wife, and it be so found by the verdict, he shall be deemed guilty of a misdemeanor, and shall be fined not less than one hundred nor more than one thousand dollars, and shall be imprisoned for a term not exceeding one year. Manslaughter. Exception. If a person be stricken, or wounded, in this State, and die of the Wounding in |