4 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 every bail or replevin bond, twenty-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 subpœna served, for each person named therein, thirty cents. For putting a person in the stocks or pillory, fifty cents. For every release, thirty 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 attending 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 every levy by virtue of an execution, seventy-five cents. For the execution and decent burial of any criminal, ten dollars. 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 per 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. 000 XIII. Be it further enacted, That the Clerks of the several Courts within this State, shall annually, on or before the first day of January in each and every year, make a full and complete return to the respective County Trustees of all tax fees, - fines, forfeitures and amercements, which shall have been imposed, adjudged or decreed in the preceding year, as well as the names of the persons who shall have paid fees, as all of those who have been fined, amerced or adjudged to have forfeited their recognizances. XIV. Be it further enacted, That the Sheriffs shall receive sixty cents for summoning each guardian to renew his bond or to settle his accounts; which sum shall be paid by the guar dian. XV. And be it further enacted, That it shall be the duty of the Clerks of the county and Superior Courts, to keep a copy of this act posted up in their respective offices, and in the Court House, in some conspicuous place during the sitting of each Court, under a penalty of fifty dollars, to be recovered before any Justice of the Peace by any person suing for the same. XVI. Be it further enacted, That the provisions of this act shall not affect any private act passed for any county in this State, in relation to the fees of Clerks and Sheriffs, or shall be so construed as to give the Clerks and Sheriffs any claim to either whole or half fees, (as provided in the seventh section of this act) against those counties which were exempted from the payment of such fees before the passage of this act. XVII. Be it further enacted, That nothing herein contain ed shall be so construed as to prevent the several County Courts of this State from making just and reasonable allowances to their Sheriffs and Clerks for performing what has heretofore been called extra services, as now authorised by law. XVIII. And be it further enacted, That an act, passed at the last session of the General Assembly of the State of North Carolina, entitled "An act fixing the fees of the Clerks of the County and Superior Courts and Sheriffs' fees," and all other acts coming within the meaning and purview of this Act, be, and the same are hereby repealed: Provided, That nothing herein contained shall be so construed as to exempt any Clerk or Sheriff from any penalty which he or they may have incurred under the aforesaid Act, passed one thousand eight hundred and twenty-nine. 68 APPOINTMENT AND ELECTION OF OFFICES-STAY LAW. MODE OF APPOINTING JUSTICES OF THE PEACE, AND OF ELECTING CLERKS, CONSTABLES, SHERIFFS, &c. Justices of the Peace are appointed as follows, viz: The Legislature recommends, and on its recommendation the Governor commissions suitable persons in the different counties. Clerks and Masters in Equity are appointed for four years by the Judges who ride the circuit where a vacancy occurs. Clerks of the County and Superior Courts are elected by the people for four years. Constables are elected by the people for one year; and if the people fail to elect, the County Court makes the appoint ment. Sheriffs are elected every two years by the people. STAY LAW. STAY OF EXECUTION ON A JUSTICE'S JUDGMENT. 1. Execution may be stayed on all sums as follows, viz: Not exceeding $4, twenty days; above $4 and not exceeding $10, sixty days; above $10 and not exceeding $20, one hundred and twenty days; and all sums above $20, six months. 2. The acknowledgment of the surety for the stay of exe cution, must be signed by him, and attested by the Justice, or it is void: no other witness is competent. And such surety is bound so long as the judgment remains in force; but on the judgment of a Justice no execution can issue but within a year since the rendition thereof, or the issuing of the last execution thereon. 3. Where a judgment is given upon a note or bond with security, and the principle is desirous to obtain stay of execution, the surety may object to such stay; and then it is the duty of the Justice to make an entry on the papers to this effect: "A B the principal defendant in this case is desirous to stay execution; but CD, the surety hereby enters his dissent, that no stay be had on his responsibility." E F, J. P. "Stay of execution granted according to law, G H acknowledges himself security for the same." GH. E F, J. P. In this case CD is not released absolutely, but he is not liable until after the principle debtor, and the surety for stay of execution, are both tried out. |