NORTH CAROLINA GENERAL ASSEMBLY

1959 SESSION

 

 

CHAPTER 692

HOUSE BILL 838

 

 

AN ACT REWRITING SECTION 3, CHAPTER 372, PUBLIC-LOCAL LAWS OF 1927, FIXING OF FEES TO BE CHARGED BY JUSTICES OF THE PEACE IN ASHE COUNTY.

 

The General Assembly of North Carolina do enact:

 

Section 1. That Section 3, Chapter 372, Public-Local Laws of 1927, be and the same is hereby rewritten to read as follows:

"Sec. 3. The Justices of the Peace of Ashe County shall receive the following fees and none other:

1. For attachment with one defendant, 50¢; and if more than one defendant, 25¢ for each additional defendant.

2. Transcript of judgment, 50¢.

3. Summons, $1.00, if more than one defendant in the same case; for each additional defendant, 25¢.

4. Subpoena for each witness, 50¢.

5. Trial when issues are joined, $4.50; and if no issues are joined, then a fee of $4.00 for trial and judgment.

6. Taking an affidavit, bond or undertaking, or for an order of publication, or an order to seize property, 50¢.

7. For jury trial and entering verdict, $4.00.

8. Execution, 50¢.

9. Renewal of execution, 50¢.

10. Return to an appeal, 50¢.

11. Order of arrest in civil actions, $1.00.

12. Warrant of arrest in all criminal and bastardy cases, including affidavit or complaint, $1.00.

13. Warrant of commitment, $1.00.

14. Taking deposition on order or commission, per one hundred words, $1.00.

15. Garnishment for taxes, and making necessary return and certificate of same, $1.00.

16. For hearing petition for widow's year's allowance, issuing notice to commissioners and allotting the same, $3.00.

17. For filing and docketing laborers' lien, $1.00.

18. Probate of a deed or other writing proved by a witness, including the certificate, 50¢.

19. Probate of a deed or other writing executed by a married woman, proper acknowledgment and private examination, with the certificate thereof, 50¢.

20. Probate of a deed or other writing acknowledged by the signers or makers, including all except married women who acknowledge at the same time, with the certificate thereof, 50¢.

21. Probating chattel mortgage, including the certificate, 50¢.

22. For issuing all papers and copies thereof in an action for claim and delivery, and the trial of the same, if issues are joined; when there is one defendant, $3.00; and if more than one defendant in action, $1.00 for each additional defendant and 50¢ for each subpoena issued in said cause, and 50¢ for the replevy bond when one is given.

23. For holding trial of case removed, the justice of the peace sitting in trial shall receive $3.00 of above cost for such trial and judgment. In addition, there should be collected from defendant found guilty or entering a plea, the sum of $2.00 for Officers' Retirement Fund, and sheriff's costs of $3.00 for criminal arrest, or $2.00 for serving civil papers. Sheriff also entitled to 60¢ for serving subpoena."

Sec. 2. All laws and clauses of laws in conflict with the provisions of this Act are hereby repealed.

Sec. 3. 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 2nd day of June, 1959.