NORTH CAROLINA GENERAL ASSEMBLY

1967 SESSION

 

 

CHAPTER 121

HOUSE BILL 239

 

 

AN ACT TO SET THE COSTS IN CIVIL AND CRIMINAL ACTIONS IN THE COURTS OF THE JUSTICES OF THE PEACE IN ALAMANCE COUNTY.

 

The General Assembly of North Carolina do enact:

 

Section 1. The following schedule of fees and costs shall be charged in all civil and criminal actions and proceedings in the courts of the several justices of the peace in Alamance County:

 

CIVIL PROCEEDINGS

 

a.    Every action or proceeding in ejectment, and every action or proceeding in which ancillary relief is sought, including, without limitation, claim and delivery, attachment, and garnishment, whether contested or uncontested .........................................................................    $10.00

b.    Every other contested action .................................................................................      10.00

c.    Every other uncontested action .............................................................................         5.00

d.    Year's allowance for spouse or child, which shall include one dollar ($1.00) for each of two commissioners to be collected by the justice and paid to the commissioners:

(1)      If allotted at the office of the justice ........................................................     $ 7.00

(2)      If allotted on the premises of the deceased ..............................................      12.00

e.    Performing marriage ceremony ............................................................................      10.00

f.    Acknowledgment, jurat or oath ..............................................................................           .50

 

CRIMINAL PROCEEDINGS

 

a.    Peace warrant, to be paid in advance by complainant ..........................................    $50.00

b.    Every other contested action, to be paid by convicted defendant .......................      10.00

c.    Every other uncontested action, to be paid by convicted defendant....................         7.50

d.    Every action of which the justice has not final jurisdiction, to be remitted by the court in which conviction is had, upon its receipt from the defendant .......................................         5.00

Sec. 2. Fees and costs in civil matters shall be paid in advance by the party seeking the service or initiating the action. In all actions other than those mentioned in subparagraph (a) of the paragraph entitled Civil Proceedings in Section 1 above, five dollars ($5.00) shall be advanced by the plaintiff at the institution of the action, and the remaining five dollars ($5.00), should the action be contested, at the beginning of the trial.

Sec. 3. The fees and costs set forth in this Section are complete and exclusive and shall constitute full payment for every service to be rendered by the justice in the entire action or proceeding, regardless of its brevity or length.

Sec. 4. Nothing herein contained shall affect the liability of any party for taxes, officers' fees, witness' fees, jury fees, or any other expenses which may be incident to any action or proceeding and which are authorized by law.

Sec. 5. Chapter 668, Session Laws of 1951, and 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 July 1, 1967.

In the General Assembly read three times and ratified, this the 30th day of March, 1967.