expenses in attending the meetings of the board not exceeding two dollars per day, as a majority of the board may fix upon, and they may be allowed mileage to and from their respective places of meeting, not to exceed five cents per mile. In Currituck and Wake, a sum not to exceed three dollars per day and like mileage. In Craven such sum for extra services as a majority may determine. The commissioners acting separately from the chairman may, on the first Monday in December of each term, fix the compensation of the chairman in such sum as they think proper, in the following counties, and subject to the following limitations: In Bertie, Craven, Durham, Halifax, Iredell, Mecklenburg, New Hanover, Wake and Warren, in their discretion; in Edgecombe, not to exceed three hundred dollars per annum; in Buncombe, not to exceed three dollars per day; in Vance, not to exceed twenty-five dollars per month; in Wilson, not to exceed one thousand dollars per annum. In Wake the board may sit for four consecutive days each month, beginning on the first Monday of each month. The board of commissioners of Wayne county are hereby authorized to pay the chairman of said board for his services as chairman a sum the same as that paid a member of the board of county commissioners while engaged in other county work, the same to be approved by the board of county commissioners. In Nash county the chairman of said board shall be paid at the rate of two hundred dollars each year, and each of the other commissioners shall be paid the sum of one hundred dollars per year and mileage heretofore fixed by law. The chairman of the board of county commissioners of Mecklenburg county shall receive for his services a salary in lieu of all other compensation now provided by law, the sum to be fixed by the board and not to exceed nine hundred dollars. The commissioners of Robeson county shall receive as compensation for their services in performing the duties of their office the sum of three dollars per day and ten cents per mile, both ways, for traveling expenses. In Washington county commissioners shall receive no compensation for attendance on call meetings of the board. chairman of the board of county commissioners of Northampton county shall be paid for his services the sum of one hundred dollars annually and mileage of five cents per mile each way for each day of his attendance on said board; each member of said board shall be paid the sum of four dollars for each day of his service on said board and like mileage.

The

Code, s. 709; 1889, c. 560; 1891, cc. 41, 56, 144, 183, 474; 1899, c. 297; 1901, cc. 49, 429, 708; 1903, cc. 227, 648, 817; 1905, cc. 123, 148, 228, 317, 384, 829.

2786. County board of education. The members of the county board of education shall receive two dollars per diem and five cents a mile to and from their respective places of meeting.

1901, c. 4, s. 27.

.

VI. TOWNSHIP OFFICERS.

2787. Constable. Constables shall be allowed the same fees as sheriffs.

Code, s. 3742; 1883, c. 108.

2788. Justices of the peace. Justices shall receive no fees whatever, except the following:

For attachment, twenty cents.

Transcript of judgment, ten cents.

Summons, twenty cents; if more than one defendant in same case, for each additional, ten cents.

Subpoena, for each witness, ten cents.

Trial of an issue and judgment, forty cents.

Taking an affidavit, bond or undertaking, or for an order of publication, or an order to seize property, twenty-five cents.

For jury trial and entering verdict, forty cents.

Execution, twenty cents.

Renewal of execution, five cents.

Return to an appeal, thirty cents.

Order of arrest in civil action, twenty cents.

Warrant for arrest in criminal cases, or in bastardy, including the affidavit of complainant, thirty cents.

Warrant of commitment, twenty cents.

Taking depositions on order or commission, per copy sheet, ten cents.

Garnishment for taxes, twenty-five cents. (See s. 2880).

Making necessary certificate and return to same, thirty-five cents. For examination of woman in case of bastardy, twenty-five cents. For hearing petition for widow's year's allowance, and issuing notice to commissioners, fifty cents.

For filing and docketing laborer's lien, fifty cents.

Probate of a deed or other writing proved by a witness, including the certificate, twenty-five cents; probate of a deed or other writing executed by a married woman for her acknowledgment and private examination, with the certificate thereof, twenty-five cents; probate of a deed or other writing acknowledged by the signers or mak ers, including all except married women who acknowledge at the same time, with the certificate thereof, twenty-five cents; probate of a chattel mortgage, including the certificate, ten cents.

For issuing all necessary papers and copies thereof and for the trial of an action for claim and delivery, where there is one defendant, the sum of one dollar and fifty cents, and fifty cents for each additional defendant, and ten cents for each subpoena issued in said cause, and twenty-five cents for taking the replevy bond when one

is given: Provided, that where the trial of such cause shall have been removed from before the justice of the peace issuing the said papers, the justice of the peace sitting in the trial of such cause shall receive fifty cents of the above costs for such trial and judg

ment.

For widow's year's allowance, one dollar.

Code, ss. 2135, 3748; 1885, c. 86; 1903, c. 225; 1870-1, c. 130, s. 9; 1883, c. 368. .

2789. Justices must itemize bills of cost. Every justice of the peace shall, upon demand made, give to any party to an action before him, an itemized statement of the costs of such action. No person shall be compelled to pay any costs in any trial before a justice of the peace until an itemized statement of the costs has been made out and given to the party charged.

1887, c. 297.

Note. For failure to give an itemized statement of costs on demand, see s. 3588.

See also, s. 1257.

VII. COMMISSIONERS.

2790. Assessing damages for right of way. The commissioners appointed, under any order of court, to condemn any land, for any railroad or other company or corporation in proceedings to condemn land under and by virtue of any right of eminent domain, shall each receive three dollars per day for each day they are engaged in the performance of their duties.

Code, s. 1946.

2791. In partition. The commissioners appointed by any court to make partition of any land, timber or real estate of any kind, or any personal property, shall each receive the sum of one dollar per diem for his services.

Code, ss. 1901, 1922.

2792. In sale for partition. In sales of real estate or personalty for partition the allowance to the commissioner for making such sale, and for all services therewith, and for making title shall be as follows: For sales of five hundred dollars or less, not more than ten dollars; for sales of over five hundred dollars, two per centum, up to a compensation of forty dollars, and when the allowance shall amount to forty dollars, any additional compensation shall not exceed the rate of one percentum on the excess over two thousand dollars.

Code, s. 1910.

2793. In partition, land in another state. The commissioners appointed to divide lands lying in this and another state shall be

entitled to three dollars per day for their services; which, with all fees, expenses and costs, shall be paid as the court may direct.

Code, s. 1916; 1868-9, c. 122, s. 26.

2794. Assessing damages for mills. Every commissioner appointed in any proceeding to assess the damages arising from the location of any mill, as provided for in the chapter on Mills, shall be entitled to receive two dollars per day.

Code, s. 1863.

2795. Assessing damages for drainage. Each commissioner appointed in proceedings under the chapter on Drainage shall be entitled to receive one dollar and fifty cents per day.

2796. Of affidavits. Commissioners of affidavits, and those who are authorized by law to act as such, shall receive the following fees, and no other, namely: For an affidavit taken and certified, forty cents; affixing his official seal, twenty-five cents.

Code, s. 3741.

2797. Receiver selling as. Receivers of property appointed by any order of court, in any proceedings or action, shall be allowed such commissions as may be fixed by the court appointing them, not exceeding five per cent. on the amount received and disbursed by

them.

1901, c. 2, s. 88; Code, s. 379, subsec. 4.

NOTE. For compensation of surviving partner settling partnership estate, see s. 2546.

VIII. MISCELLANEOUS.

2798. Jurors. Jurors shall receive such sum as the county commissioners may fix, not exceeding one dollar and fifty cents for each day's attendance at court or inquest, and mileage at the rate of five cents per mile; they shall also be allowed such ferriage and tolls as they may have necessarily incurred.

In Anson, Lenoir, New Hanover, Pender, Rutherford and Union counties the pay of jurors shall be one dollar and fifty cents per day and mileage.

In Greene county all regular and tales jurors shall receive two dollars per day.

In Gates and Forsyth counties, not less than one dollar and fifty cents and not more than two dollars as fixed by the county commissioners, and mileage.

The same pay shall be allowed to special jurors as talesmen, who shall be summoned to serve and do serve, but they shall not be

allowed any mileage or ferriage. In Anson, Pender, Rutherford and Union counties the pay of talesmen shall be one dollar a day without mileage or ferriage.

In Currituck county, not exceeding one dollar and fifty cents, and no mileage.

All who are summoned to appear as special veniremen, who do actually attend and who are not drawn as jurors shall be entitled to prove and receive one day's pay of one dollar each without mileage: This paragraph shall not apply to Rockingham, Durham, Franklin, Duplin, Ashe, Alleghany, Watauga, Cleveland, Macon, Clay, Cherokee, Graham, Richmond, Columbus, Alexander, Sampson, Davidson, Pamlico, Davie, Stokes, Union, Iredell, McDowell, Caldwell, Haywood, Pasquotank, Yadkin, Onslow, Currituck, Yancey, Tyrrell, Jones, Wayne, Pender, Madison, Alamance, Stanly, Cumberland, Catawba, Gaston, Hyde, Anson, Cabarrus, Lenoir, Lincoln, Dare, Mitchell, Rutherford, Jackson, Wilson and Nash. In Forsyth, Madison and Wake counties special veniremen shall also receive mileage and tolls or ferriage. In Greene county they shall receive seventy-five cents per day.

The regular jurors for Pitt, Harnett, Halifax and Northampton counties and such special veniremen and tales jurors of said counties as shall be taken in the trial of capital cases shall be paid the sum of two dollars per day and the mileage provided by law.

The commissioners of the counties of Currituck and Martin are authorized, in their discretion, to pay all regular jurors summoned by their order two dollars per day and mileage, as now provided by the law.

All grand and petit and tales jurors summoned to attend and attending the superior courts of Chowan county shall receive per day what shall be allowed by the commissioners of Chowan county, not less than one dollar and fifty cents per day nor more than two dollars per day, and five cents per mile for travel going to and returning from court, to be fixed by said commissioners.

Code, s. 3747; 1885, c. 344; 1887, c. 188; 1891, c. 187; 1895, c. 254; 1897, c. 280; 1901, c. 320; 1903, c. 152; 1903, c. 341; R. C., c. 28, s. 15; 1870-1, c. 139, s. 6; 1881, c. 53, s. 1; 1905, cc. 1, 40, 83, 116, 134, 171, 215, 218, 255, 301. Note. For jurors at inquests, see s. 1053.

For jurors in ascertaining value of dividing fence, see s. 1666.

2799. Jailers. Jailers shall receive, for furnishing prisoner with fuel, one pound of wholesome bread, one pound of good roasted or boiled flesh, and a sufficient quantity of water, with every necessary attendance, a sum not exceeding twenty-five cents per day, unless the board of commissioners of the county shall deem it expedient to increase the fees, which it may do provided such increase shall not exceed fifty per cent. on the above sum. But whatever sum may be