NORTH CAROLINA GENERAL ASSEMBLY

1961 SESSION

 

 

CHAPTER 287

HOUSE BILL 410

 

 

AN ACT REGULATING THE FEES TO BE CHARGED BY JUSTICES OF THE PEACE IN GREENE COUNTY.

 

The General Assembly of North Carolina do enact:

 

Section 1. In all criminal cases where a justice of the peace has final jurisdiction, he shall charge and tax as part of the costs the sum of three dollars ($3.00) as his fee in said case; the said fee of three dollars ($3.00) shall be in lieu of any other fee heretofore charged and/or collected by a justice of the peace as his fee in a criminal action where the said justice has final jurisdiction. In all cases where warrants are issued by a justice of the peace, and the case is transferred to the county court, the Superior Court, or any trial court for final adjudication, or determination, including appeals from a justice of the peace in criminal cases where he has final jurisdiction, the said justice shall receive the sum of three dollars ($3.00) as his fee and the same shall be taxed as a part of the costs by the clerk of the county court, the Superior Court or other trial court; the said fee of three dollars ($3.00), when collected, shall be paid to the said justice of the peace by the clerk of the county court, the Superior Court or other trial court. The clerk of the county court, the Superior Court or other trial court, or other officer whose responsibility it shall be to collect costs shall pay over to the said justice of the peace his lawful fees as provided by this Act.

Sec. 2. In all civil cases, at the time of the institution of the action, there shall be paid as total allowable assessed costs to the justice of the peace the sum of two dollars ($2.00) which shall include any of the following:

Issuing summons, subpoenas, granting continuance, order of removal, trial whether by jury or justice of the peace, entering judgment, transcript of judgment, issuing execution.

Sec. 3. The following fees shall be taxed in bills of costs:

For making return on appeal ........................................................................... $ 1.00

Hearing petition for widow's year's allowance ................................................ 2.00

For issuing claim and delivery papers or warrants of attachment................... 1.00

Issuing notices to commissioners, allotting widow's allowance and

making returns .................................................................................................... 1.00

Taking depositions, for each copy sheet of 100 words .................................... .25

Garnishment and attachment of personal property for taxes or

other purpose ...................................................................................................... 3.00

Filing and docketing mechanic's and materialman's lien ................................ 1.00

Sec. 4. This Act shall apply to Greene County only.

Sec. 5. All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 6. This Act shall be in full force and effect from and after its ratification.

In the General Assembly read three times and ratified, this the 26th day of April, 1961.