The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1868-09-08
FEES OF PUBLIC OFFICERS.

Al Act conccyuinq the Fees Of CE-rks Of ,Supe-
rior Courts, Sheritfs, Register Of Deeds, Soto
gfors Coroners, ConStdbles, Justices Of the
Peace and Jurors.
The General Assembly Of North Carolina do
enact as follows:
Section l. FEES Of 06icers, by wAona andhol7
3,avnbEe: The several officers hereinafter named,
shall receive the fees hereinafter prescribed for
them respectively, from the persons for whom,
or at whose instance, the service shall be per-
formed, except persons suing as paupers; and
no officer shall be compelled to perform any ser
vice, unless his fee be paid or rendered. The
said officers shall receive no extra allowance or
other compensation whatever, unless the same
shall be expressly required by some statute. In
case the service shall be ordered by any proper
officer of the State or of county for the benefit
of the State or county, the fees need not be paid
in advance; but if for the State, shall be paid
by the State, as other claims against it are if
for a County, by the County Commissioners, out
Of the county funds.
Sec.2 Copy sheet dctincd: A copy sheet shall
consist of one hundred words.
Sec 3 Fees on returns TO Secretary Of State:
All officers required by law to make returns to
the Secretary of State shall receive for such re-
turns five cents per copy sheet, to be audited on
the certificate of the Secretary of State and paid
as other claims against the State are required
to be.
Sec 1 officers to make return Of Fees: Every
officer authorized to receive fees, shall, during
the first week in September in every year, report
to the Secretary of State according to a form to
be prepared and furnished by him, sworn state
ment of all fees received, or which mi ght have
been received by him, during the year next pre-
ceding the first day of September exclusive.
For This repOrt no fee shall be allowed
Sec 5. Clerks to furnish bunk writs: Clerks
of Courts shall furnish to parties printed copies
of the formal parts of all writs required to be is
sued by them, with convenient blank spaces fol
the insertion Of written matter, and also the
blank forms of such bonds as required to be
taken by them.
Sec. 6. Fees Of Solicitor: The Solicitor shall
receive no fees, except in case of judgment rem
dercd against the accused; unless i'll cases where
upon conviction, the punishment might have
been capital or confinement in the Pcnitentary
at hard labor for six months Or upwards, and the
Judge before whom the action was tried, shall
certify Immediately after the trial that there was
probable ground for the prosecution, AID thai
the case has been conducted fairly and with duo
diligence. In such case he shall receive one
half of his fees from the County in which the
bill was found and he shall receive forty dollars
additional for every attendance on the session o.
his Court
Sec. 7. Who to pay costs IN criminal actions
IF defendant be acquitted, or judgment agains
him arrested, the costs, including the fees Of al
witnesses summoned and actually examined fol
the accused, whom the Judge, before whom the
trial took place, shall certify to have been proper
for his defence, shall be paid by the prosecutor
if any be marked on the bill, unless the Judge
shall certify that there reasonable grount
for the prosecution, and that it was required by
the public interest. If there be no prosecutor
or if the Judge shall certify as aforesaid the
cost shall be paid by the County in which the bill
was found y
Sec. 8. HtJf fees if conric inso1rcnt: The
costs in criminal actions shall in all cases be pait
by the person convicted if he be able; but if h,
be not able, the County where the bill was founc
shall pay the costs of the prosecution only; ane
in that case the public officers shall receive only
half the fees otherwise allowed.
Sec. 9. Uosc fees Of officers rcceiccd: If any
officer to whom fees are payable by any person
shall fail to receive them at the time the service
is performed, he may have Judgment therefor
on motion to the court in which the action is OF
was pending upon twenty days notice to the
person to be charged at any time within one yea
after the determination of the action in which
the same was performed. If the motion fol
Judgment be in behalf of the Clerk of the Supc
rior Court it shall be made to the Jud &c of the
Court either i'll or out of terms