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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 guardian.
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 fifiy 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and Sheriffs' fees," and all other acts coming within the meaning and purview of this Act, be, and the same are hereby repealed : Provided, That nothing herein contained shall be so construed as to exempt any Clerk or Sheriff from any penalty which he or they may have incurred under the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 Le gislature 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 appointment.
Sheriffs are elected every two years by the people.
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 execution, 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 C D, the surety hereby enters his dissent, that no stay be had on his responsibility.”
EF, J. P. “Stay of execution granted according to law, G H acknowledges himself security for the same."
G H. E F, J. P.
In this case C D 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.