NORTH CAROLINA GENERAL ASSEMBLY

1963 SESSION

 

 

CHAPTER 1073

HOUSE BILL 1277

 

 

AN ACT TO AMEND G. S. 7-134 RELATING TO THE FEES TO BE CHARGED BY JUSTICES OF THE PEACE IN HARNETT COUNTY, AND THE DOCKET OF CERTAIN JUDGMENTS.

 

The General Assembly of North Carolina do enact:

 

Section 1. G. S. 7-134, as the same appears in the 1961 Cumulative Supplement to Volume 1B of the General Statutes, is hereby amended by striking the word "Harnett" from line 4 thereof.

Sec. 2. G. S. 7-134 is further amended by adding at the end thereof the following:

"In Harnett County the Justices of the Peace shall receive the following fee, and none other: Four dollars ($4.00) in all civil and criminal cases, except in all criminal cases charging a violation of any motor vehicle law, the fee shall be three dollars ($3.00) for each case. The foregoing fee shall be in lieu of all fees heretofore received by Justices of the Peace in Harnett County."

Sec. 3. If any Justice of the Peace in Harnett County shall accept any remuneration for his services, other than as set forth herein, he shall forfeit his office upon a finding of such by the Superior Court.

Sec. 4. The Clerk of the Superior Court of Harnett County shall not docket any judgment or transcript of a judgment rendered by a Justice of the Peace unless it is accompanied by the original summons showing the returns of the officer who served it upon the judgment debtor or debtors or unless accompanied by an affidavit by the judgment debtor or debtors showing that service of the summons or process was accepted. The Clerk of the Superior Court shall cause to be noted on the judgment docket a memorandum of the date of service, the person or persons on whom service was had and the name of the officer making, such service or, if applicable, the date of the affidavit of the judgment debtor or debtors showing that service was accepted and the name of the officer before whom the affidavit was made. Any such judgment docketed in violation of this Section shall not be a lien against the property of the judgment debtor or debtors.

Sec. 5. All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 6. This Act shall be in full force and effect from and after its ratification.

In the General Assembly read three times and ratified, this the 20th day of June, 1963.