NORTH CAROLINA GENERAL ASSEMBLY

1959 SESSION

CHAPTER 972

HOUSE BILL 1201

AN ACT TO AMEND CHAPTER 7 OF THE GENERAL STATUTES OF NORTH CAROLINA RELATING TO FEES OF JUSTICES OF THE PEACE IN CHOWAN COUNTY.

The General Assembly of North Carolina do enact:

Section 1. G. S. 7-134 is hereby amended by adding at the end of said Section the following:

"In criminal cases where a justice of the peace has final jurisdiction, he shall charge and tax as part of the costs the sum of five dollars ($5.00) as his fee in said case; the said fee of five dollars ($5.00) shall be in lieu of any other fee heretofore charged and 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 recorder's 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 five dollars ($5.00) as his fee and the same shall be taxed as a part of the costs by the clerk of the recorder's court, the Superior Court or other trial court; the said fee of five dollars ($5.00) shall be paid to the said justice of the peace by the clerk of the recorder's court, the Superior Court or other trial court. The clerk of the recorder's 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, from such costs so collected by said clerk or other officer."

Sec. 2. In all civil cases there shall be paid as assessed costs to the justices of the peace, at the time of the institution of the action, the sum of three dollars ($3.00) 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. For issuing claim and delivery or warrant of attachment, the sum of five dollars ($5.00). For making return on appeal, the sum of one dollar ($1.00). The above fees shall be paid to the justice of the peace at the time of the institution of the action.

Sec. 3. Hearing petition for widow's year's allowance, issuing notices to commissioners, allotting widow's allowance and making returns, the sum of seven dollars and fifty cents ($7.50).

Sec. 4. This Act shall apply to Chowan 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 on and after July 1, 1959.

In the General Assembly read three times and ratified, this the 12th day of June, 1959.