NORTH CAROLINA GENERAL ASSEMBLY

1961 SESSION

 

 

CHAPTER 921

HOUSE BILL 1067

 

 

AN ACT TO FIX THE FEES OF THE CLERK OF SUPERIOR COURT OF JOHNSTON COUNTY.

 

The General Assembly of North Carolina do enact:

 

Section 1. Fees, costs, and commissions to be charged and collected by the Clerk of Superior Court of Johnston County for services rendered by said clerk shall be as hereinafter set out; provided, that when a fee, cost, or commission is not fixed herein, such fee, cost, or commission shall be charged as set out in Chapter 331 of the 1955 Session Laws of North Carolina if provided for therein; if not, then as set out in the General Statutes of North Carolina, and the fees, costs, and commissions herein set out shall be charged and collected by the clerk.

Sec. 2. The Clerk of Superior Court of Johnston County is hereby authorized to collect as advance court costs on all civil suits and adverse special proceedings started in any court the sum of twelve dollars and fifty cents ($12.50), which fees shall include any process tax, but which shall not include sheriff fees. The advance court costs in all ex parte special proceedings shall be nine dollars ($9.00), which fees likewise shall include any process tax. Upon receipt of all advance court costs by said clerk, the clerk is hereby authorized to transfer and pay over said advance court costs immediately to the Treasurer of Johnston County for the use and benefit of the General Fund of Johnston County and before final judgment is rendered in said actions.

Sec. 3. Fees for auditing annual accounts of receivers, executors, guardians, administrators, administrators with will annexed, trustees for incompetents, trustees under will, and surviving partner collected by the Clerk of Superior Court of Johnston County shall be as provided in G. S. 2-33, except that the maximum shall be fifty dollars ($50.00). Fees for auditing final accounts of receivers, executors, guardians, administrators, administrators with will annexed, trustees for incompetents, trustees under will, and surviving partner collected by the Clerk of Superior Court of Johnston County shall be as provided in G. S. 2-34, except that the maximum shall be two hundred and fifty dollars ($250.00).

Sec. 4. The Clerk of Superior Court of Johnston County shall charge the following fees:

Adoptions, except in indigent cases .........................................................    $10.00

Proceedings to declare a person incompetent, with jury,

plus jury tax and library tax ..................................................................       15.00

Proceedings to declare a person competent, with jury,

plus jury tax and library tax ..................................................................       15.00

Proceedings to declare person competent, without jury .......................         5.00

County tax foreclosure suits, $7.50 to Clerk of Superior

Court and $5.00 to county tax attorney ..............................................       12.50

Probate of wills in common form, without codicil ................................         6.00

Probate of wills in common form with codicil ......................................       10.00

Appointment and qualification of administrators, guardians

and trustees ...........................................................................................         5.00

All probates and acknowledgments, except

deeds of separation ...............................................................................           .25

Probates and acknowledgments, deeds of separation .............................         1.00

Qualifying Notary Public ..........................................................................         1.00

Issuing executions or transcripts of judgments ......................................         1.00

Issuing pistol permits ................................................................................         1.00

Preparing bill of costs ...............................................................................           .50

Recording and issuing transcripts of any matter of record or papers on file shall be charged at the rate of one dollar ($1.00) for the first three hundred (300) words, and fifteen cents (15¢) for each additional one hundred (100) words.

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

Sec. 6. This Act shall be in full force and effect from and after July 1, 1961.

In the General Assembly read three times and ratified, this the 16th day of June, 1961.