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account current, exhibited by an executor, administrator or guardian, or for search and certificate of the amount thereof, if the estate be under two hundred dollars, the Clerk shall be entitled to receive for his fee twenty cents; if above two hundred dollars and under one thousand, forty cents; if above one thousand, seventy-five cents, and no more.
For entering on the minutes the probate of wills, qualifying executors, making certificates, and recording the will in a bound book kept for that purpose, eighty cents.
For granting administration, taking bond and all other services thereon, eighty cents.
For every marriage license and bond, seventy-five cents.
For proving or entering the acknowledgment of the convey. ance of lands or other estate, and certifying the same, with order of registration and examination of a feme covert without commission, twenty cents.
For proving or taking the acknowledgment of a deed or power of attorney, and certifying the same, including order of registration, twenty cents.
For every commission to examine a feme covert, twenty-five cents.
For every commission to take testimony, twenty-five cents. For every guardian or other bond taken in Court, sixty cents. For every indenture for binding apprentices, sixty cents.
For every special verdict, or demurrer, or motion in arrest of judgment, thirty cents.
For every writ of error or appeal, with a transcript of record, one dollar.
For every certificate of witnesses' or jurors' attendance, ten cents.
For affixing the seal of office and writing the necessary certificate on any instrument of writing requiring the same, twenty-five cents.
For every certificate without the seal of office, and when the same is not otherwise directed to be paid, twenty cents : Provided, that this shall not authorize the Clerk of the Court of Pleas and Quarter Sessions for Craven county to charge any fee for a certificate given according to the provisions of an act to regulate the finances of Craven county, passed A. D. ono thousand eight hundred and twenty-eight.
For recording a mark or brand, and giving a certificate thereof, ten cents.
For issuing warrant on entry of land, by order of court, forty cents.
For enrolling divisions of estates, for each lot, twenty cents.
For every certificate of tavern license and bond, with copy of rates, one dollar.
For taking an account, such sum as the court may allow, not exceeding fifty dollars.
For every subpoena founded on petition, fifty cents.
For every writ, other than leading process or subpoena and testificandum, seventy-five cents.
For every order of Court, authorising the sheriff to issue a license to retailers, eighty cents.
For correcting an error in patent, forty cents.
For docketing constables' levies, including all services in court, one dollar,
For filing schedule bond, and all other services in court, without trial by jury, one dollar.
For trial of issue on schedule bond, seventy-five cents; and the creditor at whose instance the issue is made up, shall be bound to
the taxed costs of the issue, if the defendant be discharged by the court.
For declaration of a foreigner wishing naturalization, copy and seal, one dollar and fifty cents.
For final entry of naturalization, copy of the same, and seal, one dollar and fifty cents.
For docketing appeals and entry of plea or default, eighty cents.
For every guardian notice for renewal of bonds or settlement of accounts, sixty cents.
II. Be it further enacted, That the Clerks of the Superior Courts of Law in this State shall
, for like services, receive the same fees as are by this act allowed the Clerks of the County Courts, and no other.
III. Be it further enacted, That any Clerk, who shall fail or neglect to record, in a well bound book or books kept for that purpose, all last wills and testaments, inventories and accounts of sales, and accounts current of executors, administrators and guardians, within six months from the time of their probate, shall be liable to an indictment in any court of record within the county wherein he held the office of Clerk; and upou conviction, shall be fined at the discretion of the court.
IV. Be it furiher enacted, That at each term of the County Courts in this State, which shall be held after the first day of May in each year, it shall be the duty of the Justices present to appoint two or more of their body to examine and ascertain if all the wills and testaments, inventories and accounts of sales, and accounts current of executors, administrators and guardians, which have been admitted to probate within the preceding year, have been duly recorded, and report to their next court; and in case any failure shall be discovered, it shall be the duty of the county attorney, at the succeeding court, to institute a prosecution against the Clerk.
V. Be it further enacted, That whenever a court shall make an order of sale of lands levied on by a constable or other officer,
pursuance of an execution issued by a Justice of the Peace, no attorney's fee shall be taxed, nor any other fees for Clerks or Sheriffs, than those prescribed by this act.
VI. Be it further enacted, That no Clerk of any County or Superior Court shall be entitled to charge any fee for any capias ad respondendum, issued during term time, returnable instanter, unless such capias be executed.
VII. Be it further enacted, That in all State cases, where there shall be a nolle prosequi entered, or the defendant shall be acquitted or convicted, or unable to pay costs, and the Court shall not order the prosecutor to pay the costs, the counties shall pay the Clerks and Sheriffs half the fees allowed by this act, except in capital or clergyable felonies, or prosecutions for forgery, perjury and conspiracy.
VIII. Be it further enacted, That in all civil suits and indictments, hereafter tried or disposed of, either in the County or Superior Courts, the party or parties cast or convicted, shall pay a tax fee of one dollar; which several sums the respective Clerks shall pay over to the County Trustees within three months after the same shall be received by them: Provided, nevertheless, the plaintiffs in the civil suit shall not be required to pay a tax see on writs as heretofore: And, provided, further,
that the provisions of this section shall not extend to the counties of Nash or Beaufort, and in the county of Beaufort, no other tax on suits or indictments shall be collected, except those fixed by the act of the last session, providing compensation for the jurors of said county.
IX. Be it further enacted, That the Sheriffs in this State shall receive the following fees, and no other, viz:
For every arrest, seventy-five cents.
For service of every scire facias, sixty cents: Provided, nothing herein contained shall repeal any part of the act of one thousand eight hundred and twenty-eight, allowing the Sheriffs half fees in cases of scire facias.
For service of notice to arbitrators, referees or commissioners to take an account, thirty cents.
For every attachment levied, seventy-five cents; and if further trouble by moving of goods, to be taxed by the Court.
For every replevy bond upon each attachment, twenty-five cents.
For every subpæna served, for each person named therein, thirty cents.
For putting a person in the stocks or pillory, fifty cents.
For summoning commissioners to divide real estate, and for qualifying them, to be paid in equal portions by the claimants, thirty cents each.
The fees for keeping each criminal in jail, per day, to be allowed and fixed by each County Court as now directed by law.
For every notice to take depositions, thirty cents.
For summoning, empannelling and attending on every jury, in every cause in Court, and calling the same, ten cents. Where a special venire shall issue by order of Court, for summoning each Juror, twenty cents.
For serving and atten ling on any person on a habeas corpus, per day, one dollar and fifty cents.
For selling the estate of an intestate, to be allowed by the Court, not exceeding two and a half per cent.
For executing a warrant of distress, or an execution against the body, two and a half per cent.
For all monies collected by him by virtue of any levy, two and a half per centum, and the like commissions for all monies that may be paid the Plaintiff by the Defendant while such precepts are in the hands of said Sheriff.
For every writ of possession, one dollar.
For services of equity process and incidental thereto, the same fees as for the like services at law.
For maintaining any slave or other property, or any criminal seized by virtue of any legal precept, such sum as may be fixed by the County Court at each county in this State.
For apprehending any criminal, one dollar.
For conveying any criminal to the jail where such criminal ought to be conveyed, ten cents per mile, and five cents for each person composing the guard, provided the number shall not exceed four persons; and if more than four shall be absolutely necessary, two cents
mile for each of said guard. For each day the Sheriff shall maintain said prisoner he shall receive fifty cents.
The expense shall be paid by the respective counties, if such prisoner shall not be liable or able to pay the same.
X. Be it further enacted, That no Sheriff of any county in this State shall charge a commission on any monies collected on an execution issued by a Justice of the Peace, nor any other fees than those allowed by law to Constables for similar services.
XI. Be it further enacted, That Sheriffs of the respective counties in this State shall hereafter collect and receive all fines, amercements, forfeited recognizances and forfeitures on penal statutes, imposed, adjudged or decided by any of the Courts of this State; and all sums of money by them so collected and received, shall pay over to the respective County Trustees or Wardens entitled to receive the same, within three months after such monies shall be so collected and received.
XII. Be it further enacted, That the said Sheriffs shall return a transcript at the time of settlement with the Trustees, which shall contain the number of all persons from whom fines, forfeitures and amercements shall have been collected, and the amount from the persons so received.