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Acts of the North Carolina General Assembly, 1736
North Carolina. General Assembly
September 1736
Volume 25, Pages 220-228

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LAWS OF NORTH CAROLINA--1736.

CHAPTER I.
An Act for an Act for ascertaining and regulating Publick Officers' Fees & Offices.

I. Whereas, all Extortions Exactions & Corruptions are & ought to be odious & prohibited in all well governd places whatsoever for prevention therefore of such Evils, we pray it may be enacted, And be it Enacted by his Excelly the Govr Council and General Assembly & by Authority of the same That no publick Officer or person whatsoever, shall at any time or Times hereafter take or require any Sum of Money ffee or reward whatsoever for any Matter, business or thing belonging to his or their respective Office, Place Profession or Employment mention in this Act, other than such Fee & so much Fees as are hereafter in the respective Table of Fees hereto annexed set down limitted & appointed in proclamation Money on the pains & forfeitures hereafter mentioned and expressed any Law Usage or Custom to the Contrary in any Wise Notwithstanding.

Governour's Fees
For every Grant of Land or Patents signed or to be signed for six hundred and forty Acres or under— Ten Shillings
Every Grant or Patent for More than Six hundred and forty Acres £1 0 0
To the Govrs Secretary for the Seal & Wax 5
Signing a Testimonial & Seal 10
Signing Letters of Administration 8
A Marriage License 0 10
The probate of a Will & Letters Testamentary 10
Letters of Guardianship 8
A Warrant for Land 2 6
A Certificate or Register for a Ship or Vessel under 30 tons 5
All above 30 tons 10
Any Commission for a Place of profit 2
The Govrs private Secretary for the Same 5

Fees in Chancery
Signing and Sealing an Injunction to stop Suits at Law or to Stay Coste 8
Signing a Decree in Chancery 14
Signing an Exemplification of a Decree & Seal thereto 14
Admission of an Infant to appear by Guardian 2 6

Register or Clerk in Chancery.
Drawing & dating all Orders of Court p Copy Sheet containing fifteen Lines & Six Words in a Line 0 0
Entering all Depositions, Affidavits, Interrogatories, Decrees, p Copy Sheet 0
Entering a Cause for hearing 1 3
Every Subpoena, Capias Attachmt. habeas Corpus &c 2 3
Every Injunction 4
Filing every Bill, Answer, Demurrer Replication &c 6
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Register or Clerk in Chancery.
Copying all Bills, Answers, Demurrers Replications, Rejoinders p Copy Sheet 0 0
Every Warrt. of Comitment 2 6
Filing every petition or Affidt 6
Drawing every Recognizance 2 6
Exemplification of the proceedings in any Cause p Copy Sheet

Secretary's Fees
A Warrant for Land 2 6
A Grant or Patent for Land, if 640 Acres or under & recording the same 0 10 0
Ditto if above 640 Acres 15
Letters of Administration & Bond 8
Writing the Probate of a Will & Letters Testamentary 5
Copy of a Will each Copy Sheet
Letters of Guardianship 8
A Caveat 2 6
A Testimonial & the Seal thereto 7 6
Every Search 1
Recording a Will or any other Writing p Copy Sheet
For every Commission 6

Publick Register's Fees.
Registering any Conveyance, Grant Lease, Letter of Attorney Bond or other Writing p Copy Sheet 0
Copies of any Deed &c. registered in the Office per Copy Sheet.
Every Search 1
Entering Satisfaction on any Mortgage 2 6
A Certificate at the request of the party 2

Chief Justice Fees in the Court of Common Pleas.
Every Capias, Subpena or other Writ or process and return 2 6
Entering Satisfaction 1
Entering an Action in the Judge's Book that goes to a Jury 5
Taxing a Bill of Costs 0 3 4
Drawing a Speciall Jury 5 0
Every Speciall Court and Attendance thereon 1
Every Order of Court 1
Bail taken before him 5
The Admission of any person to be an Attorney of the Court 4
Every Judgment confessed at large out of Court 9
Signing a Testimonial of a Woman's Examination and renouncing her Right of Dower or Inheritance 10
Every Affidavit drawn at Large 2 6
Examination of Witnesses out of Court each 5
Every other affidavit 1
Every Special Warrt. under the hand of the Chief Justice and the Seal of the Court 2 6
Every Judgmnt at large 2 6

His Fees at the Sessions
Every Recognizance taken before him 5
Every Indictmt found bill a vera 4
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His Fees at the Sessions
Every Writ 2 6
Every Warrant under his hand 4
Taxing a Bill of Costs 2 6
Every Order of Court 2

Clerk of the Court of Common Pleas.
Every Writ 1
ffiling a Declaration, Plea, Replication, Demurrer, Joynder in Demurrer 0 0 9
Copying a Declaration or other Writing per Copy Sheet
Reading a Bond Deed or Power of Attorney
Every Order of Court and Copy
Every Search in the Records
Signing any Judgment at large 2 6
Attending drawing a Jury at a Speciall Court 5
Each day's Attendance at a Speciall Court 5
Drawing a Recognizance and Attending on taking every Speciall Bail 2 6
Recording every Writing per Copy Sheet
Receiving Money into Court and paying it out again One and a Half Per Cent.

His Fees as Clerk of the Crown.
Reading a Petition or other Writing
Entring an Order by the Copy Sheet
Copy of an Order by the Copy Sheet
A Bond 2
A Committment 1
Filing a Petition or any other Paper 2 6
Drawing any Warrant 2 6
A Writ of Restitution 2
Every Man Arraigned 4
Every Indictment 1
A Traverse or Release or any one Acquitted by Proclamation 2
Writing a Recognizance by Copy Sheet
Every Subpoena 1
The Copy of an Indictment
Writing the presentment of a Constable
Every Cause entered in the Kallender or Docqt 1
Recording the Proceedings of a Cause Each Copy Sheet
Every Certificate of a Coroner having returned an Inquisition into Court 2 9
Swearing every Evidence

The Judge of the Admiralty's Fees.
A Warrant of Arrest and each other Warrt 2
The Return thereof 1
Admitting the Libels 2
Citation of Witnesses 1 3
Examining Witnesses each 2
Administering an Oath 1
Every Order entered and Signed by the Judge 1
Every interlocutory Decree 1
Definitive Sentence 10

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Register in the Admiralty, His Fees.
Every Warrant 2
Filing every Paper and Instrument exhibited in Court 1
Every Citation 1
Every Witness Sworn 1
Reading every Libel and Answer each 2 6
Every Copy of the Proceedings in the Court each Copy Sheet Containing Ninety Words
Entring every Order 9
Every final Sentence 5
Entering Motions in Court 6
Interrogatories and Answers pr Information Each Witness interrogated 2 6
Entering the Return of every Warrant Citation &c.
Copy of Appraisment with Schedule 5
Notification of Sale 1 3
Exemplification of Every Cause per Copy Sheet
Reading the Marshal's Return of every Writ Summons, &c
Drawing and Engrossing Testimonials by the Judge to be fixed to Exemplifications &c 1 3

The King's Advocate, His Fees
His retaining Fee 1
Taking out a Warrant for Arrest 5
Drawing and Engrossing every Libel, Answer, Allegation, Interrogation or other Instrument Exhibited
Abreviating every Copy Sheet of Instruments exhibited by the Adverse Party
Every Motion made in Court 2 6
Taking Out each Citation for Witnesses 1 3
His fees on Arguing any Matter of Law 10
His Fees on Examination of Witnesses in Ordinary Cases for each Witness 1 3
Proctor's Fees the Same except retaining Fee to be but 10S: and on Arguing Matters of Law 5S.

Marshal of the Admiralty's Fees.
Serving every Warrant on Land 2 6
Do. on Water 8
Each day Keeping a Vessel in his Custody 5
Serving each Citation 1 3
Selling Vessels and Goods and paying the Money 5 Per Cent.

Provost Marshal's Fees
pound above Six. Price Dyet of White prisoners p diem allowing one pound of Bread and one pound of Flesh all wholesome provisions
Summoning a Speciall Jury 0 10
Serving every Writ 6
Returning the Same 1 6
A Bail Bond 2
Summoning the Jury and returning the Venire each Cause Tryed 1
Calling each Action 4
Serving a Subpoena or Rule of Court 1
An Execution on the body of Goods, if not above 100£ Current Money Twelve per cent per pound; if above 100£, for each
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0 1 3
Provost Marshal's Fees
Copy of Comitment 1
Waiting on any person on a habeas Corpus each day 5
Each person presented and prosecuted 2
Each person acquitted by proclamation 1
Serving an Order of Council in Criminal Matters and not otherwise 5
Comitment of any Person 2
Going by Water each Mile but Nothing for returning 0 3

Register of Births and Marriages
Registering any birth or Marriage 1 3
Searching the Registry 1 3
Every Copy of the Register & Certificate 2 6

Attorney Generall's Fees
His Report to the Governor in each private Case referred to him by the Governor and Council 10
Drawing every capias against persons endicted and not bound over or against persons presented by the Grand Jury or Constable 5
Every Recognizance 5
Drawing every Endictment found by the Grand Jury 5
Every person acquitted by proclamation 2 6
Entering a Noli prosequi 1
Attending at the Judges Chamber to take the Affidavit of any Person 5
Drawing every Affidavit each Copy Sheet
Arguing Demurrer, Exceptions, or any Motion or Arrest of Judgment 1

The Clerk of the Church of England, His Fees.
Attendance at ffunerals 0 2 0
The Ground of each Grave 0 3 0
Attendance at every Marriage 0 2 6

Sexton's Fees.
Digging the Grave 3 0
Ringing the Bell 0 2 6

Collector of the King's Customs, His Fees.
Entring inwards and clearing outwards every Vessel of thirty tons and upwards with general permit to load and unload 6
Do. under thirty tons 4
Every New Register of a Vessell —— Tons and upwards 8
Do. of a vessel under —— 4
Granting every Certificate of Naval Stores, or for a Certificate for cancelling a Bond or Cocket for shipping of Goods 2
Every Bill of Stores 2 6
Endorsing the Register of every Vessell 2
Registering the Names and Descriptions of the Men 2 6

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Naval Officer's Fees.
Entring and clearing outwards every Vessell of —— Tons and upwards 0 6
Do. under —— Tons 4
Every Bond for enumerated Comodities 2
Granting a Certificate or Cocket 2
Granting a Certificate to cancell a Bond given for enumerated Comodities 2 6
The Bond of every Vessell entring inwards 2 6
Taking Bond to obtain a Pass for People going out of the Country 2 6
Ticket for three that go off that are able to Contract Debts 2 6
Every underwritten Bond 2 6
Every underwriting

The Register of the Court of Admiralty for the Trial of Pirates, His Fees.
The Motion 1
Every Warrant for Apprehending 2 6
His Examination in Writing per Copy Sheet
Examining Informers each Copy Sheet
An Order thereon
Committment or Mittimus 1
Attendance at Court each day 2 6
Every Oath in Court
Summons for Witness each 1
Every Recognizance 2 6
Reading the Commission of Piracy 1
Reading Articles of Accusation 1
Interrogatories and answers pr the King each Copy Sheet
Do. Per Party
Entering the prisoner's Defence What he hath to say per Copy Sheet
Entering the Votes of the Judges 1
Drawing the Sentence
Warrant of Execution 2 6

Marshal's Fees on Tryal of Pirates.
Each days Attendance 5
Execution of each Criminal 1
Commitment 2 6
Releasement 5
Diet per Diem 1 3

The Clerk of the Council's Fees.
Drawing Petitions, if Drawn by the Clerk and read in Council 2 6
Reading a Petition 2 6
Copy of any other Paper per Copy Sheet
Copy of Orders on Petitions 2
Citation or Summons, each 1
Recording any Paper per Copy Sheet
Every Oath in Council 1
The rough draught of all Instruments per Copy Sheet
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The Clerk of the Council's Fees.
Attending, Entering Minutes and all Other Services not particularly Mentioned, on hearing Caveats and entering the Determination on Oath, &c 10
Copy to the Party
Every Motion and Order thereon where there is No Determination 2
Filing, Countersigning and entering all Grants Signed in Council 1

The Justices of Peace, Their Fees.
Taking a Deposition in Writing 1
A Warrant 1
A Summons 1
A Recognizance 1 6
A Commitment of a White Person 1
A Liberate or Discharge for a White Person 1
A Probate of any Writing 1
Granting an Attachmnt 1
An Execution 1
Hearing a Cause and giving Judgment 1
Swearing Appraisers and Certifying the Same for the Whole 1

Constable's Fees.
For Serving a Warrant 1
Execution 1
Poundage per pound 2
Serving a Summons 1

Clerk of the County or Precinct Court's Fees.
Every Writ and Return 2
Filing a Declaration Plea Replication Demurrer &c 6
Copying every Declaration or other Writing per Copy Sheet
Entring every Order of Court 6
Attachment the same as a Writ every Subpoena or Sumons 1
Administering every Oath 4
Every Search in the Records 6
Reading every Petition Power of Attorney or other Paper in Court 6
Writing and taking every Recognizance in Court 2
Acknowledgements of Sales of Land 2
Entring up every Judgment and Recording every Writing per Copy Sheet
Dismission of every Suit or Retraxit 1
Recording a Mark or Bond 1
Entring an Appeal 1
Copy of the Procedings by him returned to the General Court Each Copy Sheet
For Doing the Precinct or County Business Relating to Roads, Constables Surveyors, &c. to be allowed out of the Publick Levys per ann.

Escheator General's Fees.
For every Inquisition & return and all other Proceedings thereon 3

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Surveyor General's Fees.
For Surveying Six Hundred and fforty Acres of Land and Under and all ffees incident thereto 1 13 4
For every Hundred Acres above the sd. tract 2

II. And be it Enacted, by the Authority afsd. That if any Officer or Offic rs shall take and receive for any business thing or Matter relating to his or their Office or Offices More than by this Act are set down limited and appointed, or shall create make and take any other or new ffee or ffees than that what is in this Act particularly set down and expressed or shall multiply ffees and shall thereof be Convicted by the Oath of the Person or Persons paying the same he or they shall forfeit and pay ten pounds proclamation Money for every ffee or Sum of Money he or they shall take or receive contrary to the true Intent and Meaning of this Act One Moyety of which said forfeiture shall be to his Majesty for supplying contingent Charges of Government and the other Moyety to the Party grieved, or him or them who will inform and sue for the same within three months after the Receipt of such Money or thing to be sued for and recovered by Action of Debt or by Originall Writ Plaint or Information in any Court of Record within this Province wherein no Wager of Law essoign privilege protection or any other Delay shall be allowed or admitted. Provided that nothing in this Act shall be construed or taken or extend to prevent any Attorney or Attorneys taking any larger ffee of his Client than is in this Act is directed.

III. And be it further Enacted by the Authority aforesaid That every publick Officer entitled to any of the ffees mentioned in the Table hereto Annexed shall within Twenty days after the Ratification of this Act, set up and constantly keep a fair Table of the respective ffees belonging to his or their respective Office, written in a fair and legible hand in Words at length, and fix up the same in the most publick place of View, in such place as they usually execute the sd. Office upon the pain of the forfeiture of five pounds Currant Money of this Province for every day they shall neglect to set or keep up the same as aforesaid the said forfeiture to be the same use and payable to the same persons and recovered in the same Manner, as the forfeitures before by this Act are given ordained or appointed and shall also upon request of any person paying such or any ffee as afsd. give to him a Ticket or Bill of Costs in which shall be inserted for what he takes such ffee

IV. And be it Enacted by the authority aforesaid That the Clerk of the General Court and the Clerk of every respective precinct Court within this Province shall before the beginning of every second Court or Term after any verdict obtained and Judgmt. thereon or any Judgmt obtained by default or other Writ record or cause to be recorded in a Book for that purpose Kept proceedings in the sd. Causes and the Judgment obtained thereon with a proper Index to the sd. Record Book of the sd. Judgment and shall also preserve and Keep the Docquett of every Court or Term fair and legible under the pain of the forfeiture of One hundred pounds Current Money to be for and applyed to the Uses aforesaid And to be recovered as by this Act is before directed.

V. And be it Enacted by the Authority aforesd. That the respective Clerks of every precinct or County Court within this Province shall keep his Office in some convenient Place of the precinct of County where he is Clerk as also the Records of the said precinct Court untill an Office is built in every

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precinct for that purpose And after such office shall be built every Clerk shall attend at the sd. Office ever other Saturday from the hours of Nine of the Clock in the morning till four in the afternoon under the penalty of fifty pounds Current Money of this Province to be applyed as afsd. and recovered as aforesaid.

VI. And whereas the foregoing Fees are computed in Proclamation Money which is not at present the Currency of this Province Be it Enacted by the Authority aforesaid That the foregoing respective ffees shall be paid in the Current Bills of this Province at three hundred per Cent advance (that is to say) for every shilling proclamation Money ffour shillings of the present Currency and so in proportion for a greater or lessor Sume and shall and may be taken by the respective Officers before mentioned and no more untill the Generall Asembly shall think fit to alter the same upon the rise or fall of the Exchange.

VII. And be it further Enacted by the Authority aforesaid That this Act and every Clause Matter and thing herein contained do remain and continue in force for —— years and from thence to the End of the next Session of Generall Assembly and no longer.

ENDORSED:
Bill for an Act for ascertaining & regulating Officers fees & Offices,
7th October 1736.

Read the first time & passd.

by Ordr.
PRATT Clk Genl Asse.
sent by MR. LEE
MR. TURNER
Octr. 8th., 1736.

Read in the upper house the first time & passed

By Ord. I ANDERSON Clk.
9th October 1736.

Read a Second time & passed with amendments.

by Ord. I. PRATT Clk. G. A.
sent by MR. POWELL
MR. LEE.

[also Endorsed North Carolina. Copy of a Bill prepared to be passed into a Law for regulating officers fees & Offices. Referred to in Govr. Johnston's letter of 15 Octor. 1736. Recd 16th Decr. 1736. Read 17th Decr. 1736.]