NORTH CAROLINA GENERAL ASSEMBLY

1959 SESSION

 

 

CHAPTER 1081

HOUSE BILL 1162

 

 

AN ACT TO FIX THE COMPENSATION OF CERTAIN OFFICIALS OF FRANKLIN COUNTY AND TO FIX CERTAIN FEES TO BE CHARGED IN SAID COUNTY.

 

The General Assembly of North Carolina do enact:

 

Section 1. Section 1 of Chapter 1245 of the Session Laws of 1957 is amended by striking out in line 4 of said Section the words and figures "five thousand one hundred dollars ($5100.00)" and by inserting in lieu thereof the figures "$5400.00".

Sec. 2. Section 2 of Chapter 1245 of the Session Laws of 1957 is amended by striking out in line 3 of said Section the figures "$4500.00" and by inserting in lieu thereof the figures "$4750.00".

Sec. 3. Section 3 of Chapter 1245 of the Session Laws of 1957 is amended by striking out in line 4 of said Section the words and figures "fifty dollars ($50.00) per month" and by inserting in lieu thereof the words and figures "$630.00 per year, payable in monthly installments,".

Sec. 4. Section 4 of Chapter 1245 of the Session Laws of 1957 is amended as follows: By striking out in line 4 thereof the words and figures "forty-five hundred dollars ($4500.00)" and by inserting in lieu thereof the figures "$4750.00"; by striking out in line 7 thereof the words and figures "thirty-three hundred dollars ($3300.00)" and by inserting in lieu thereof the figures "$3465.00"; by striking out in line 10 thereof the words and figures "three thousand dollars ($3000.00)" and by inserting in lieu thereof the figures "$3150.00"; by striking out in line 13 thereof the words and figures "three thousand dollars ($3000.00)" and by inserting in lieu thereof the figures "$3150.00".

Sec. 5. Section 5 of Chapter 1245 of the Session Laws of 1957 is hereby amended as follows: By striking out in line 3 of said Section the figures "$3100.00" and by inserting in lieu thereof the figures "$3260.00"; by striking out in line 7 of said Section the words and figures "twenty-seven hundred dollars ($2700.00)" and by inserting in lieu thereof the figures "$2850.00"; and by adding a new sentence at the end of the said Section to read as follows: "From and after January 1, 1960, the Board of County Commissioners of Franklin County shall have the power and authority to increase the salaries hereinabove provided for the judge of the Franklin County Recorder's Court and the Solicitor of said court by amounts not exceeding five per cent (5%) of the salaries hereinabove specified."

Section 5 of Chapter 1245 of the Session Laws of 1957 is hereby further amended by adding a new paragraph at the end of said Section to read as follows: "The Vice Recorder of the Franklin County Recorder's Court shall be paid the sum of $100.00 as an annual retainer. When the Judge of the Franklin County Recorder's Court shall be prevented from attending to his duties on account of sickness or other temporary disability or by reason of his temporary absence, the Vice Recorder shall have the jurisdiction and authority conferred upon said Judge and shall receive the compensation provided for such Judge for the time that he may perform the duties of said Judge, except that the Board of County Commissioners may grant to the Judge of the Franklin County Recorder's Court such sick leave or other necessary leave as said Board may deem proper and in such event the Vice Recorder shall receive compensation at a rate to be fixed by the Board of County Commissioners and which may or may not be deducted from the compensation of said Judge as the Board may determine. All payments for compensation to the Judge of the Franklin County Recorder's Court and the Vice Recorder of said Court made prior to the effective date of this Act are hereby validated."

Sec. 6. Section 6 of Chapter 1245 of the Session Laws of 1957 is amended by striking out in line 2 thereof the words and figures "twenty dollars ($20.00)" and by inserting in lieu thereof the figures "$21.00"; by striking out in lines 6 and 7 thereof the words and figures "four hundred dollars ($400.00)" and by inserting in lieu thereof the figures "$480.00"; and by adding a new sentence at the end of said Section to read as follows: "In addition to the compensation and travel allowance hereinabove provided, members of the Board of County Commissioners shall also receive, while attending meetings of the Board, their actual subsistence expenses, provided that such expenses shall not exceed the sum of $2.50 per day for each member; payment for the subsistence expenses herein provided shall be made by the County Accountant upon receipt by him of vouchers for same executed by said commissioners."

Sec. 7. Section 7 of Chapter 1245 of the Session Laws of 1957 is amended as follows: By consolidating subsections (a) and (b) thereof and rewriting the same to read as follows: "(a). The senior assistant or senior deputy Register of Deeds shall be paid an annual salary of $3000.00, and one additional assistant or deputy Register of Deeds shall, with the approval of the Board of County Commissioners, be paid an annual salary of $2500.00."

By re-designating subsection (c) of Section 7 to be subsection (b) and rewriting the same to read as follows: "(b). The senior assistant Clerk of Superior Court (or senior deputy Clerk if there shall be no assistant Clerk) shall be paid an annual salary of $3150.00, and one additional assistant or deputy Clerk of Superior Court appointed in accordance with provisions of law shall, with the approval of the Board of County Commissioners, be paid an annual salary of $2600.00."

By rewriting (e) of Section 7 to read as follows: "The Board of County Commissioners of Franklin County is authorized and empowered in its discretion from time to time as the revenues of the County may require or warrant, to decrease the salaries or compensations specified in subsections (a) and (b) of Section 7, as rewritten in this Act, by an aggregate of not more than ten per cent (10%) of said specified amounts."

Sec. 8. Chapter 1173 of the Session Laws of 1957 is hereby amended by adding a new Section following Section 1, to be numbered Section 1½ and to read as follows:

"Section 1½. In addition to the fees hereinbefore provided, the Clerk of the Superior Court shall charge the following fees:

Probate of will in common form                                                                $ 6.00

Probate of will in solemn form                                                                    12.00

Qualifying administrators or executors, and one copy of letters

of administration or letters testamentary                                                 4.50

Recording and copying papers, for first copy sheet                                     2.00

Recording and copying papers, for each sheet after the first

copy sheet                                                                                                    1.25

Receiving and filing all accounts (which charge shall be in

addition to amounts for auditing and recording said accounts)              1.00

Filing inventories                                                                                             2.00

Filing year's allowance report                                                                         1.50

"The provisions of all other laws fixing or regulating the fees to be charged by the Clerk of the Superior Court of Franklin County not herein amended or changed shall remain in full force and effect."

Sec. 9. Section 1 of Chapter 1173 of the Session Laws of 1957 is hereby amended by adding a new sentence at the end of the last paragraph of said Section 1 to read as follows: "The fees for serving all process, both civil and criminal, directed to or required to be served by the Sheriff of Franklin County, or any deputy, shall inure to the benefit of said County and shall be paid into the General Fund of said County by the responsible officer or official or other person receiving or collecting said fees."

Sec. 10. All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 11. This Act shall become effective July 1, 1959.

In the General Assembly read three times and ratified, this the 17th day of June, 1959.