NORTH CAROLINA GENERAL ASSEMBLY

1959 SESSION

 

 

CHAPTER 472

SENATE BILL 286

 

 

AN ACT TO FIX THE FEES, COSTS AND COMMISSIONS TO BE CHARGED AND COLLECTED BY THE CLERK OF THE SUPERIOR COURT OF EDGECOMBE COUNTY AND THE CLERK EX-OFFICIO OF THE EDGECOMBE COUNTY RECORDER'S COURT.

 

The General Assembly of North Carolina do enact:

 

Section 1. On and after the effective date of this Act the fees, costs and commissions, as hereinafter set forth, shall be charged and collected by the Clerk of the Superior Court of Edgecombe County and the Clerk ex officio of the Recorder's Court of said county for services rendered in discharge of official duties; provided, however, that when a fee, cost or commission for any official service or act is not fixed herein, such fee, cost or commission shall be charged as set out in the General Statutes of North Carolina under the appropriate Chapter and Article pertaining to such official duties, fees, costs and commissions, and which is sometimes referred to as the "General Fee Bill" of the State.

Advertising and selling under mortgage in lieu of bond, two dollars ($2.00) for sales of real estate and one dollar ($1.00) for sales of personal property.

Affidavit including jurat and certificate, thirty-five cents (35¢).

Appeal, civil and criminal matters, docketing from Clerk or any court inferior to Superior Court, one dollar ($1.00).

Appeal to the Supreme Court, including certificate and seal, three dollars ($3.00).

Apprenticing infant, including indenture, one dollar ($1.00).

Attachment, order in, one dollar ($1.00).

Arrest, for issuing order of, each defendant, one dollar and twenty-five cents ($1.25).

Auditing annual accounts and final settlements of receivers, executors, administrators, administrators with will annexed, collectors, or surviving partner, the fee shall be fifty cents (50¢) for each one hundred dollars ($100.00) or a fraction thereof of the total receipts and disbursements through one thousand dollars ($1,000.00), and ten cents (10¢) for each one hundred dollars ($100.00) or a fraction thereof on everything above one thousand dollars ($1,000.00). But in no event shall the fee be less than two dollars ($2.00) nor more than one hundred dollars ($100.00) for all reports during the complete administration of the estate; provided, that when stocks, bonds or any other personal property is delivered to any heir or distributee without converting the same into cash, these fees shall be computed and charged on the same just as though they had been converted into cash; the value of said stocks, bonds, etc., to be fixed as of the date of death, or qualification, of the fiduciary. Nothing in this Section shall be construed to allow commissions on allotment of dower, on distribution of the shares of heirs, on distribution of shares of distributees of personal property or on distribution of shares of legatees.

Auditing annual accounts and final settlement of trustees for incompetents, trustees under wills, or guardians, the fee shall be fifty cents (50¢) for each one hundred dollars ($100.00) or a fraction thereof of the total receipts and disbursements through one thousand dollars ($1,000.00), and ten cents (10¢) per each one hundred dollars ($100.00) or a fraction thereof on everything above one thousand dollars ($1,000.00), but in no event shall the fee be less than two dollars ($2.00), nor more than twenty-five dollars ($25.00) for any annual or final account; provided that when stocks, bonds, or any other personal property are received by any fiduciary or paid over to any ward or cestui que trust without converting the same into cash, these fees shall be computed and charged in the same manner just as though they had been converted into cash; the value of the said stocks, bonds, etc., to be fixed as of the date of transfer or qualification of the fiduciary.

Auditing and recording the final account of commissioners appointed to sell real estate, twenty-five cents (25¢) per hundred for first one thousand dollars ($1,000.00), ten cents (10¢) per hundred for all over one thousand dollars ($1,000.00), but not to exceed thirty-five dollars ($35.00).

Bill of costs, preparing same, criminal action, forty cents (40¢).

Bill of costs, preparing same, civil actions and special proceedings, twenty-five cents (25¢) per hundred dollars ($100.00) or fraction thereof.

Bond or undertaking, including justification, one dollar ($1.00).

Cancelling notice of lis pendens, twenty-five cents (25¢).

Capias, each defendant, one dollar and a half ($1.50).

Caveat to a will, entering and docketing same for trial, three dollars ($3.00).

Certificate, fifty cents (50¢).

Commission, issuing, one dollar ($1.00).

Continuance, thirty cents (30¢).

Docketing ex parte proceeding, seventy-five cents (75¢).

Docketing liens, twenty-five cents (25¢), plus recording and indexing.

Docketing judgment, transcript from this county, seventy-five cents (75¢).

Docketing summons, fifty cents (50¢).

Execution, issuing and noting return thereon, seventy-five cents (75¢), and certifying return to clerk of any county where judgment is docketed, fifty cents (50¢).

Execution against specific property or against the person, including docketing of returns thereon, two dollars ($2.00).

Filing all papers, fifteen cents (15¢).

Guardian or trustee, appointment of; including application, oath, docketing, taking bond and justification, order for letters, recording, indexing, and filing papers, four dollars ($4.00); each certified copy of letters, fifty cents (50¢).

Empaneling jury, fifteen cents (15¢).

Indexing judgment on cross-index book, ten cents (10¢) each name.

Indexing liens on lien book, ten cents (10¢) each name.

Indictment, each defendant in the bill, seventy-five cents (75¢); docketing same, fifty cents (50¢).

Injunction, order for, including taking bond and justification, two dollars ($2.00).

Judgment final, in term time, civil action, one dollar ($1.00), plus recording.

Judgment final against each defendant in criminal actions, one dollar ($1.00).

Judgment final before the clerk, one dollar ($1.00).

Judgment by confession, without notice, all services, three dollars ($3.00).

Justice of the peace proceeding for widow's year's allowance, recording same, two dollars ($2.00) ; each certified copy commissioner's report, one dollar ($1.00).

Judgment, deficiency, in favor of widow for year's support, one dollar ($1.00).

Judgment nisi, entering against a defaulting witness, defendant or juror, on bail bond or recognizance, fifty cents (50¢).

Juror ticket, including jurat, ten cents (10¢).

Administrator, appointment of, including application, oath, taking bond and justification, qualification, order for letters, docketing, recording, indexing, and filing papers, four dollars ($4.00) ; each certified copy of letters, fifty cents (50¢).

Bond release certificate, including seal, seventy-five cents (75¢).

Executor, appointment of, including application, oath, order for letters, taking bond and justification when necessary, qualification, docketing, recording, indexing, and filing papers, three dollars ($3.00); each certified copy of letters, fifty cents (50¢).

Renunciation of right to qualify as administrator, executor, guardian or trustee, fifty cents (50¢), for all persons renouncing.

Motions, entry and record of, twenty-five cents (25¢).

Notices, forty cents (40¢), and for each name over one in same paper, ten cents (10¢) additional.

Notifying solicitor of removal of guardian, two dollars ($2.00).

Order enlarging time for pleading, and all interlocutory orders, in special proceedings and civil actions, forty cents (40¢).

Order for appearance of apprentice, on complaint of master, one dollar ($1.00); for appearance of master on complaint of apprentice, one dollar ($1.00).

Order for the registration of a deed or other writing, which has been proved or acknowledged in another county, or before a judge, justice, notary or other officer, including a chattel mortgage, twenty-five cents (25¢).

Postage, actual amount necessarily expended.

Presentment, each person presented, ten cents (10¢).

Probate of a deed or other writing, proved by a witness before the clerk, including the certificate, twenty-five cents (25¢).

Probate of a deed or other writing, acknowledged by the signers or makers, who acknowledged at the same time, with the certificate thereof for each person acknowledging before the clerk, twenty-five cents (25¢); provided that when private examination is necessary there shall be an additional fee of one dollar ($1.00).

Recording limited partnership certificate, for first two double-spaced typewritten pages, one dollar ($1.00) each; additional pages, fifty cents (50¢ each.

Probate of attested will or attested codicil to a will, in common form: Including taking depositions of witnesses and entering certificate of probate, four dollars ($4.00); recording will and codicils and orders of probate, one dollar ($1.00) each for first two double-spaced typewritten pages, plus fifty cents (50¢)         for each additional page or fraction thereof.

Probate of holograph will or holograph codicil to will, including taking depositions of witnesses and entering certificate of probate, four dollars ($4.00) ; recording same as attested will.

Qualifying justice of the peace to be paid by the justice, fifty cents (50¢).

Qualifying members of the board of commissioners to be paid by the commissioners, twenty-five cents (25¢).

Recognizance each party where no bond is taken, twenty-five cents (25¢).

Recording and copying papers, unless otherwise provided for, for first double-spaced typewritten page, one dollar ($1.00); for each additional page, fifty cents (50¢).

Recording appointment of process agent for nonresident, fifty cents (50¢).

Recording names, qualification, and expiration of term of office of justices of the peace, five cents (5¢) for each name.

Registering trained nurses, doctors, architects, dentists, chiropractors, and optometrists, including certificate of registration, one dollar ($1.00), including seal.

Recording names of jurors as required by law, five cents (5¢) for each name.

Recording certificates of incorporation of corporations, up to three double-spaced typewritten pages, three dollars ($3.00); for each additional page, fifty cents (50¢).

Recording certificates of dissolution of corporations, one dollar and a half ($1.50), plus fifty cents (50¢) for each double-spaced typewritten page over one.

Resignation of guardians, fifty cents (50¢).

Seal of office, when necessary, twenty-five cents (25¢).

Subpoena, each name, twenty cents (20¢).

Summons, each original in civil actions and special proceedings, including all the names therein, one dollar and fifty cents ($1.50) and for every copy thereof, twenty-five cents (25¢).

Transcript of judgment, issuing same, seventy-five cents (75¢).

Transcript of any matter of record or papers on file, for first doubles-spaced typewritten page, one dollar ($1.00); for each additional page, fifty cents (50¢).

Trial of any cause, or stating an account, as referee, pursuant to order of the judge, such allowance as the judge may make.

Certified copy of will or other paper of record; for certificate and seal, seventy-five cents (75¢), plus one dollar ($1.00) for first double-spaced typewritten page, plus fifty cents (50¢) for each additional page.

Witness ticket, including jurat, ten cents (10¢).

Five per cent (5%) commission shall be allowed the clerk on all fines, penalties, amercements and taxes paid the clerk by virtue of his office; and three per cent (3%) on all sums of money not exceeding five hundred dollars ($500.00) placed in his hands by virtue of his office, except on judgments, decrees, executions and deposits under Article 3 of Chapter 45; and upon the excess over five hundred dollars ($500.00) of such sums, one per cent (1%).

Indexing, where the name of each party to any action or proceeding is required to be cross-indexed by law, ten cents (10¢) for each name entered upon the cross-index records.

Notary public, qualification, oath, indexing, and reporting to Governor, one dollar ($1.00).

Auditing final accounts of trustees, mortgagees, commissioners, or other persons, firms, or corporations selling real estate under foreclosure proceeding required to render such final report, the fees shall be twenty-five cents (25¢) on each one hundred dollars ($100.00) of receipts and disbursements through one thousand dollars ($1,000.00) and ten cents (10¢) on each one hundred dollars ($100.00) for everything above one thousand dollars ($1,000.00), provided that the minimum fee shall be two dollars ($2.00) and the maximum fee shall not exceed fifty dollars ($50.00).

Inventory required of fiduciaries, one dollar and a half ($1.50).

Provided, that when any services of the Clerk of the Superior Court shall be for any court or person of any county other than his own county, the fees for said services shall be as follows:

Transcripts of judgments, including the certificate of filing and docketing, one dollar and a half ($1.50), first page; seventy-five cents (75¢) for each additional page thereafter.

Issuing executions, including docketing returns thereon and issuing certificates of satisfaction, one dollar and a half ($1.50), first page; seventy-five cents (75¢) for each additional page.

Execution against specific property or against the person, including docketing of returns thereon and issuing certificates of satisfaction, two dollars and a half ($2.50).

The Clerk of the Superior Court is hereby authorized to collect as advance court cost on all suits started in any court, except claim and delivery, attachment, and injunction, the sum of eight dollars and a half ($8.50), plus the sheriff's fees for each party to be served, to be applied on the court costs including the process tax.

The Clerk of the Superior Court is hereby authorized to collect as advance court cost on all suits of claim and delivery, attachment, and injunction the sum of twelve dollars ($12.00), plus the sheriff's fee for each party to be served, to be applied on the court cost, including the process tax.

The Clerk of the Superior Court is hereby authorized to collect from the appellant in all cases in appeals from justices of the peace court to the Superior Court five dollars ($5.00) as advance cost to be applied on the court costs including the process tax.

Sec. 2. Notwithstanding any provision of this Act, the Board of Commissioners of Edgecombe County are hereby granted and invested with full power and authority to fix, in their discretion, all fees, costs, and commissions which may be charged by the Clerk of the Superior Court of Edgecombe County and the ex officio Clerk of the Recorder's Court of Edgecombe County for the performance of any service, duty or act permitted or required by law. Such fees and commissions may be fixed from time to time by said Board of Commissioners of Edgecombe County, and when once fixed by said board of commissioners may thereafter be changed at any time. All action to fix such fees, costs and commissions shall be taken by an appropriate resolution of the Board of County Commissioners of Edgecombe County. The fees, costs and commissions fixed by this Act may be increased or decreased by the Board of County Commissioners of Edgecombe County in an amount not exceeding thirty per cent (30%) during any one fiscal year of the county. Until or unless the Board of County Commissioners of Edgecombe County shall take the necessary action to fix any fee, cost or commission, as herein authorized, such fee, cost or commission shall be charged as provided by this Act or, if not provided in this Act, as provided by the fees, costs and charges fixed by the General Statutes and applicable to the office of the Clerk of the Superior Court and which is sometimes referred to as the "General Fee Bill" of North Carolina. It is further provided that the fees paid by Edgecombe County in insolvent criminal matters shall be in accordance with the schedule of fees in effect immediately or prior to the enactment of this Act, and this Act shall in nowise affect such fees paid by Edgecombe County in insolvent criminal matters.

Sec. 3. All laws and clauses of laws in conflict with the provisions of this Act are hereby repealed.

Sec. 4. 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 8th day of May, 1959.