NORTH CAROLINA GENERAL ASSEMBLY

1959 SESSION

 

 

CHAPTER 151

HOUSE BILL 291

 

 

AN ACT PRESCRIBING THE FEES TO BE COLLECTED BY THE CLERK OF THE SUPERIOR COURT OF BERTIE COUNTY.

 

The General Assembly of North Carolina do enact:

 

Section 1. Fees, costs and commissions to be charged and collected by the Clerk of the Superior Court of Bertie County in civil actions, special proceedings and probate matters for services rendered by him shall be as follows for the items set out below: 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 1179 of the Session Laws of 1953 if provided for therein; if not, then as set out in the General Statutes of North Carolina, and the said fees, costs and commissions herein set out shall be charged and collected by the clerk and paid into the general county fund, unless otherwise provided by law.

1.     Adoption. Complete, $15.00

2.     Affidavit, administering oaths and making jurat, 50¢

3.     Appeal, docketing, from clerk or other court, $2.00

4.     Attachment, order, $1.00

5.     Auditing annual accounts of executors, administrators, guardians, and accounts of other fiduciaries required to render accounts, a fee of 50¢ for each $100.00 or a fraction thereof of the total receipts and disbursements through $1000.00 and 10¢ each $100.00 or fraction thereof on everything above $1000.00, but in no event shall the fee be less than $2.00 or more than $50.00 in each instance, plus recording fees.

6.     Bill of Costs, preparing same, 50¢

7.     Bond, or undertaking, including justification, $1.00

8.     Bond, approving same, with or without seal, $1.00

9.     Caveat to will, entering and docketing same, $3.00

10.   Commission, issuing, $2.00

11.   Continuance, 50¢

12.   Dower, issuing writ, $2.00

13.   Docketing judgment, $1.00

14.   Docketing summons or alias or pluries, 50¢

15.   Execution and return thereof, $2.00

16.   Filing papers, 25¢ for each paper filed in each case.

17.   Fiduciaries, appointment and qualification of, including taking bond and justification and original letters, $5.00

18.   Fiduciary letters, each certified copy, long form, $1.00, short form, 75¢

19.   Guardian Ad Litem and Next Friend, appointment of each, $2.00

20.   Hearing or trial before clerk, $2.00 per hour.

21.   Impaneling jury, 25¢

22.   Injunction, order, $2.00

23.   Judges approval of orders or confirmation, $1.00

24.   Judgment, final, $1.50

25.   Judgment by confession, complete, $5.00

26.   Justification of Sureties, 75¢ each.

27.   Lien, docketing and indexing, $2.00 plus recording.

28.   Motions, entry and record of each, 50¢

29.   Notices, 50¢ each, whether mailed or not and for each name over one in same paper, 25¢ additional.

30.   Notary Public, qualifying, indexing and mailing certificate to Governor, $1.50

31.   Nurses, doctors and pharmacists, registering, including certificate of registration under seal, $2.00

32.   Orders, enlarging time for pleadings and all interlocutory orders, whether signed by clerk or judge, 50¢

33.   Partnerships or trading under assumed names, registering, $2.00, not including recording.

34.   Probate of deed or other writing entitled to be registered which is proven or acknowledged to before a Notary Public, Justice of the Peace, or other officer qualified by law to take acknowledgments, each certificate to be passed upon, 25¢

35.   Probate of a will in common form, and order, $3.00

36.   Pleadings, noted and filed, each 25¢

37.   Petition, filing and affidavit, $1.00

38.   Recording and copying papers, $1.00 for first page and each additional

one hundred words, 25¢

39.   Recording transcript of judgment from Justice of the Peace, including indexing and filing, $1.00, and from another county, $1.50, including the certificate required.

40.   Seal of office, when necessary, 50¢

41.   Subpoena, each name, 25¢

42.   Summons, issuing original or alias or pluries in any action or proceeding, $1.50 each, and for each copy thereof, 50¢ and for each extension of summons by endorsement, 50¢

43.   Transcript of judgment, issuing regular form, $1.00

44.   Verification of any paper on record or on file, 10¢ per one hundred words.

45.   Widow's years support, docketing and recording, $2.00

46.   Habeas Corpus, $7.50 for entire proceeding.

Sec. 2. All costs, commissions and fees for services rendered by the clerk in all civil actions, special proceedings and probate matters pending in the Superior Court of Bertie County on the date of ratification of this Act shall be computed, charged and collected as herein provided.

Sec. 3. This Act shall apply to Bertie County only.

Sec. 4. All laws and clauses of laws in conflict with the provisions of this Act are hereby repealed.

Sec. 5. 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 March, 1959.