The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-02-28

tigated by properly constituted com
mission on sworn testimony.
Mr. Council said the Committee on
Claims had Dronosed this very course
early in the session, but the very men
who now ask it opposed the suggestion.
AIr. Gattis said if the matter was not
now properly disposed of it would be
continually coming up here before the
Legislature for. the next twenty years.
He thought the proper way to dispose
Of the claim was to have il invcsti-
gated by the commission.
Mr.. Rountree called the previous ques-
ton. and his substitute was lost by Il
vote Of As TO II.
The committee substitute was adopted.
rs was also the committee substitute
for the bill in regard to Cartcrct caun-
" claim.
The report Of the Finance Committee
on these claims, which was adopted by
the House. was as follows:
I'VE find that in the county of Car
terct there were issued 104 SummonSeS,
and in each of these cases the clerk
is entitled to II fee for six continuanceS
of 30 cents for each ease: Il fee of 10
cents for filing the papers in each case:
a fee of 81 for issuing he summonscS
in each case. and II fee OF 81 for judc-
ment in each case. The clerks fees in
the Cartcrct county. cases would there
fore he as follows: Issuing summonscs,
St04: fling papers, 5000: docketing,
%26: contnuapccs. S62.40: judgments.
S1Ol. Total $306.6O.
THE sheriff of Carteret county IS al
lowed $50 in fees, which is little less
than the amount he would be entitled
10 for actual service done. This allow
ance Of $40 is Ivy agreement of coun-
sci for the State and the sheriff. This
added to $30J.S0, makes the total
amount due the officers of Carterct
county, S356.SO.
I'VE find that there We're alias and
pluries summonses issued in many of
these eases. under a misrepresentation on
the part of the clerk, as to when they
might issue. and we do not therefore
allow any fees for the issuance of the
same.
I'm the Pamlico eases, there were fill
ed out and signed by the clerk 693 sum
monses. Five of this number did not
60 out of the clerks hands. Three hun
dred and twenty seven of this number
were and still are on file in the clerk $
office. with no return of the sheriff there
ON. and we are doubtful as TO whether
they ever went out of the clerk 5 hands.
three hundred and siXty-three Of the
original six hundred and ninety-tivc
summonses. We find left the clerk 5
hands and wdrc in fact issued by him,
and he is entitled 10 his fees thereon.
Only one hundred and twenty-nine of
these three hundred and siNty-thrcc
summonses were so served that the ac-
tons would not have abatcd if The clerk
had not been under Il misapprchen-
sion as to the law Of the case. He is.
therefore. entitled TO continuance i'll each
Of the one hundred and twenty-ninc
eases. We find that a large number Of
alias and pluries Summ0nseS were Is
sued by the clerk under Il mistake as
to when they should be issued, and we
therefore do not allow fees for the
same.
The clerks fees in the Pamlico cases
are as follows: Issuing Summonses,
S3G3: 100 cases continued six times ut
30 cents each. 500 20: 1858 cases dock
etcd at - cents each $90.1J: 1863 cases
docketcd in which a fee of 10 cents is
allowed in each case for filing papers.
5000: judgments in :t63 cases, 1865.
There being some doubt as to whether
there were 800 Summonses issued. or
only 1868, and Judge Bryan having al
lowed for $50. the committee takes the
middle ground by making an additional
allowance for Issuing summ6nses III 32I