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Delaware Laws | Title 10 Courts and Judicial Procedures
Sec. 5110. Appeals from justice of the peace.

(c) If a party appealing on the ground referred to in subsection (b) of this section establishes a demand exceeding what was allowed to such party before the justice by such smallest sum, then the appellee, although there may be still a sum due to him or her, shall recover no costs on the appeal. (5040)

(Code 1852, Sec.Sec. 2532-2534; Code 1915, Sec.Sec. 4453-4455; Code 1935, Sec.Sec. 4911-4913; 10 Del. C. 1953, Sec. 5110; 70 Del. Laws, c. 186, Sec. 1.) (5041)

Sec. 5111. Certiorari to justice of the peace. (5042)(Text)

If upon a certiorari, a judgment, given by a justice, is reversed, the plaintiff in the certiorari shall recover his or her costs. If such judgment is affirmed, costs shall be awarded to the defendant in the certiorari, except where the only exception being to the execution below, such exception is allowed; in which case, the plaintiff in the certiorari shall recover costs. (5043)

(Code 1852, Sec. 2535; Code 1915, Sec. 4456; Code 1935, Sec. 4914; 10 Del. C. 1953, Sec. 5111; 70 Del. Laws, c. 186, Sec. 1.) (5044)

Sec. 5112. Bill of costs, time for entry upon docket. (5045)(Text)

Within 20 days after the rendering of judgment or other determination of any cause or action in the Supreme Court, Superior Court, or Court of Chancery, the Clerk, Prothonotary, or Register of the Court shall enter upon the docket of such cause, action, or prosecution, or in a separate fee book kept for that purpose, a full bill of the costs therein, setting forth distinctly each item of the fees of every officer and person, so far as the same are known to him or her or he or she has in his or her office the means of ascertaining the same. (5046)

(Code 1852, Sec. 2536; Code 1915, Sec. 4457; Code 1935, Sec. 4915; 10 Del. C. 1953, Sec. 5112; 70 Del. Laws, c. 186, Sec. 1.) (5047)

Sec. 5113. Endorsement on execution process. (5048)(Text)

Upon every execution, order, or process in the nature of an execution, whereby costs are to be levied and made, the Clerk, Prothonotary, or Register, issuing the same, shall indorse all costs up to the time of the issue, showing distinctly each item of the sheriff's fees, the amount of the fees of every other officer and person, and the names of the officers and persons respectively to whom such fees are due. The fees of the jury and bailiff, and of referees, may be endorsed in the aggregate under those heads. (5049)

(Code 1852, Sec. 2537; Code 1915, Sec. 4458; Code 1935, Sec. 4916; 10 Del. C. 1953, Sec. 5113.) (5050)

Sec. 5114. Neglect of duties by officers; penalties. (5051)(Text)

If any Clerk, Prothonotary, or Register refuses or neglects to perform any of the duties enjoined upon them respectively by Sec.Sec. 5112, 5113 of this title, he or she shall be fined $30. (5052)

(Code 1852, Sec. 2539; Code 1915, Sec. 4460; Code 1935, Sec. 4918; 10 Del. C. 1953, Sec. 5115; 70 Del. Laws, c. 186, Sec. 1.) (5053)

Sec. 5115. Judicial revision. (5054)(Text)

Each court shall, upon application of a party interested, and reasonable notice to the adverse party, revise any bill of costs entered upon the docket of such court; and also any return or endorsement of fees upon any order or process of the court; and also any bills of fees demanded for services in such court, or for the execution of the order or process thereof; and shall correct any errors appearing upon such revision. (5055)

(Code 1852, Sec. 2540; Code 1915, Sec. 4461; Code 1935, Sec. 4919; 10 Del. C. 1953, Sec. 5116.) (5056)

Sec. 5116. Adoption proceedings. (5057)(Text)

The costs in adoption proceedings shall be taxed by the court on the persons making the application. (5058)

(Code 1915, Sec. 4464; Code 1935, Sec. 4920; 10 Del. C. 1953, Sec. 5117.) (5059)

Sec. 5117. Parentage proceedings. (5060)(Text)

The costs of proceedings in parentage cases shall be paid by the father, if the paternity is established; otherwise by the county. (5061)

(Code 1852, Sec. 1489; Code 1915, Sec. 4466; Code 1935, Sec. 4921; 10 Del. C. 1953, Sec. 5118; 70 Del. Laws, c. 186, Sec. 1; 73 Del. Laws, c. 50, Sec. 1.) (5062)

Sec. 5118. Dower actions. (5063)(Text)

In respect to the costs in actions for dower, the court shall exercise equitable powers. (5064)

(Code 1852, Sec. 1754; Code 1915, Sec. 4468; Code 1935, Sec. 4922; 10 Del. C. 1953, Sec. 5119.) (5065)

Sec. 5119. Perpetuating testimony of boundaries. (5066)(Text)

Upon proceedings for perpetuating testimony of boundaries, each party shall bear the costs of the attendance and examination of witnesses produced by the party. All the other costs shall be paid by the petitioner. (5067)

(Code 1852, Sec. 991; Code 1915, Sec. 4470; Code 1935, Sec. 4923; 10 Del. C. 1953, Sec. 5120; 70 Del. Laws, c. 186, Sec. 1.) (5068)

Sec. 5120. Fence viewers' services. (5069)(Text)

Costs for services of fence viewers shall be paid by the party requiring the service, unless they award the same, or some part thereof, to be paid by some other party concerned. (5070)

(Code 1852, Sec. 1004; Code 1915, Sec. 4471; Code 1935, Sec. 4924; 10 Del. C. 1953, Sec. 5121.) (5071)

Sec. 5121. Investment of moneys paid into Superior Court. (5072)(Text)

Costs incurred in the payment of money into the Superior Court or in its investment shall be payable out of the fund. (5073)

(16 Del. Laws, c. 526; Code 1915, Sec. 4472; Code 1935, Sec. 4925; 10 Del. C. 1953, Sec. 5122.) (5074)

Sec. 5122. Attachment for rent. (5075)(Text)

Upon attachments for rent, the court or justice of the peace may exercise equitable powers as to costs. If the court or justice considers that there was not sufficient ground for the attachment, the landlord shall pay costs. (5076)

(11 Del. Laws, c. 621, Sec. 56; Code 1915, Sec. 4474; Code 1935, Sec. 4926; 10 Del. C. 1953, Sec. 5123.) (5077)

Sec. 5123. Change of name proceedings. (5078)(Text)

In proceedings for changing names, the costs shall be paid by the petitioner. (5079)

(27 Del. Laws, c. 264, Sec. 5; Code 1915, Sec. 4475; Code 1935, Sec. 4927; 10 Del. C. 1953, Sec. 5124.) (5080)

Courts and Judicial Procedure Procedure (5081)


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