for any reason satisfactory to the court in which the action may be, shall not be made a party thereto, the rights and interest of such cestui que trust shall be concluded by such decree.

1901, c. 2, s. 103.

XVI. MISCELLANEOUS PROVISIONS.

1242. Name of corporation to be displayed. The name of every corporation shall be at all times conspicuously displayed at the entrance of its principal office in this state, and in default thereof for sixty days the corporation shall be liable to a penalty of one hundred dollars, to be recovered with costs, by the state, in an action to be prosecuted by or under the direction of the attorney general. 1901, c. 2, s. 50.

1243. Resident process agent required; in absence, service upon secretary of state sufficient; fees. Every corporation having property or doing business in this state, whether incorporated under its laws or not, shall have an officer or agent in this state, upon whom process in all actions or proceedings against it can be served; and any corporation failing to comply with the provisions of this section shall be liable to a forfeiture of its charter, or to the revocation of its license to do business in this state. In any such case, process in any action or proceeding against such corporation, may be served upon the secretary of state by leaving a true copy thereof with him, and he shall mail the said copy to the president, secretary or other officer of the corporation, upon whom, if residing in this state, service could be made; and for the service to be performed by the said secretary, he shall receive a fee of fifty cents, to be paid by the party at whose instance the service is made.

1901, c. 5.

1244. Secretary of state to annually publish list of corporations created. The secretary of state shall annually compile from the records of his office, and publish a complete list, in alphabetical order, of existing domestic corporations and of the original and amended certificates of incorporation filed during the preceding year, together with the location of the principal office of each in this state, the name of the agent in charge thereof, the amount of authorized capital stock, the amount with which business is to be commenced, the amount issued, the date of filing the certificate, and the period for which the corporation is to continue.

1901, c. 2, s. 104.

1245. Mutual corporations may create stock. The members of any mutual corporation may provide for and create a capital stock

of such corporation, upon the consent in writing of all the members of the corporation, and may provide for the payment of such stock, and fix and prescribe the rights and privileges of the stockholders therein not inconsistent with law.

1901, c. 2, s. 105.

1246. Forfeiture by failure for two years to organize; or after organization, to act; duty of secretary of state and attorney general. When any act shall have been passed, or certificate of incorporation, as provided in this chapter, shall have been recorded, creating a body corporate, and the corporators for two years shall neglect or fail to organize the company and carry into effect the intent of the act, or when organized, if they at any time for two years together shall cease to act, then such disuse of their corporate privileges and powers shall be deemed and taken as a forfeiture of the charter. And if, after thirty days' notice by the secretary of state, such cor- • poration shall fail to surrender its corporate rights, or to dissolve, in the manner provided in this chapter, the secretary of state shall report such corporation to the attorney general, who shall institute an appropriate action for the dissolution of such corporation. Code, s. 688; 1901, c. 2, s. 106.

1247. Meaning of "judge," "court," etc. Whenever the words "court," "superior court," or "judge of the superior court" appear in this chapter, they shall be construed to mean the judge of the superior court resident of the district or holding the courts by rotation, exchange, or appointment, of the district wherein such corporation may have its principal place of business.

1901, c. 2, s. 111.

1248. Amendments to certain charters validated. All amendments to the plan of incorporation of any corporation which was organized under the provisions of the general laws of North Carolina prior to the passage of the act entitled "An act to revise the corporation law of North Carolina," being chapter two, public laws of one thousand nine hundred and one, are hereby declared to be valid in all respects, whether such amendments have been made in accordance with the provisions of chapter three hundred and eighty of the public laws of one thousand eight hundred and ninety-three or in accordance with the provisions of chapter two of public laws of one thousand nine hundred and one; but no amendment shall be validated by this section unless it is an amendment of such nature as is authorized to be made under the provisions of chapter two of public laws of one thousand nine hundred and one.

NOTE. Corporate bonds may be sold for less than par, see s. 1951.

V. Liability of counties, in criminal actions,

Sections.

1249-1258

1259-1263

1264-1278

1279-1282

1283-1290

VI. Liability of defendant, in criminal actions, 1291-1294

VII. The prosecutor,

1295-1297

1298-1306

1307-1308

1249. What allowed. To either party for whom judgment shall be given there shall be allowed as costs his actual disbursements for fees to the officers, witnesses, and other persons entitled to receive the same.

Code, s. 528.

1250. Summary judgment for uncollected. 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 or was pending, upon twenty days' notice to the person to be charged, at any time within one year after the termination of the action in which the same was performed. If the motion for judgment be in behalf of the clerk of the superior court, it shall be made to the judge of the court in or out of term.

Code, s. 3760; 1868-9, c. 279, s. 561.

1251. Judgment and execution for, against sureties on prosecution or appeal bond. Whenever an action shall be brought in any court in which security shall be given for the prosecution thereof, or when any case shall be brought up to a court by an appeal or otherwise, in which security for the prosecution of the suit shall have been given, and judgment shall be rendered against the plaintiff for the costs of the defendant, the appellate court, upon motion of the defendant, shall also give judgment against the surety for said costs, and execution may issue jointly against the plaintiff and his surety.

Code, s. 543; R. C., c. 31, s. 126; 1831, c. 46.

1252. Executions for, when issued; irregular if not itemized. The clerks of the supreme, superior and criminal courts, where suits are determined and the fees are not paid by the party from whom they are due, shall sue out executions, directed to the sheriff of any county in the state, who shall levy them as in other cases; and to the said execution shall be annexed a bill of costs, written in words, so as plainly to show each item of costs, and on what account it is taxed; and all executions for costs, issuing without such a bill annexed, shall be deemed irregular, and may be set aside as to the costs, at the return term, at the instance of him against whom it is issued.

Code, s. 3762; R. C., c. 102, s. 24.

1253. Juror's tax fees. On every indictment or criminal proceeding, tried or otherwise disposed of in the superior, or criminal courts, the party convicted, or who shall be adjudged to pay the costs, shall pay a tax of two dollars. In every civil action in any court of record, the party who shall be adjudged to pay the costs shall pay a tax of three dollars; but this tax shall not be charged unless a jury shall be impaneled. Said tax fees shall be charged by the clerks in the bill of costs, and collected by the sheriff, and by him paid into the county treasury. And the fund thus raised in any county shall be set apart for the payment of the jurors attending the courts thereof. In Pitt county the jury tax shall be five dollars in civil and in criminal cases.

Code, s. 732; R. C., c. 28; 1830, c. 1; 1879, c. 325; 1881, c. 249; 1905, c. 348.

1254. Criminal, not demandable in advance. In all cases of criminal complaints before justices of the supreme court, judges of the superior and criminal courts, justices of the peace and other magistrates having jurisdiction of such complaints, the officers entitled by law to receive fees for issuing or executing process shall not be entitled to demand them in advance. Such officers shall indorse the amounts of their respective fees on every process issued or executed by them, and return the same to the court to which it is returnable.

Code, s. 1173; 1868-9, c. 178, subch. 3, s. 40.

1255. Clerk to insert, in entry of judgment. The clerk shall insert in the entry of judgment the allowances for costs allowed by law, and the necessary disbursements, including the fees of officers and witnesses, and the reasonable compensation of referces and commissioners in taking depositions. The disbursements shall be stated in detail. Whenever it shall be necessary to adjust costs in any interlocutory proceedings, or in any special proceedings, the same

shall be adjusted by the clerk of the court to which the proceedings were returned, except in those matters in which the allowance is required to be made by the judge.

Code, s. 532.

1256. Bills of criminal costs itemized; approved by solicitor. It shall be the duty of the clerks of the several courts of record, at each term of the court, to make up an itemized statement of the bill of costs in every criminal action tried or otherwise disposed of at said term, which shall be signed by the clerk, and approved by the solicitor.

Code, s. 733; 1873-4, c. 116; 1879, c. 264.

1257. Justices required to itemize bills of. In all trials before justices of the peace it shall be lawful for plaintiff or defendant before payment of costs, to demand of the justice before whom a trial is held an itemized statement of costs; and it shall be his duty to insert in the entry of judgment in every criminal action tried or otherwise disposed of by him a detailed statement of the different items of costs, and to whom due.

Code, s. 734; 1887, c. 297.

1258. Bills of, open to the public. Every bill of costs shall at all times be open to the inspection of any person interested therein.

Code, s. 735; 1873-4, c. 116.

II.

STATE LIABLE, WHEN.

1259. Civil actions by the state. In all civil actions prosecuted in the name of the state, by an officer duly authorized for that purpose, the state shall be liable for costs in the same cases and to the same extent as private parties. If a private person be joined with the state as plaintiff, he shall be liable in the first instance for the defendant's costs, which shall not be recovered of the state till after execution issued therefor against such private party and returned unsatisfied.

Code, s. 536.

1260. Civil actions by and against state officers. In all civil actions depending, or which may be instituted, by any of the officers of the state, or which have been, or shall be instituted against them, when any such action is brought or defended pursuant to the advice of the attorney general, and the same shall be decided against such officers, the costs thereof shall be paid by the state treasurer upon the warrant of the auditor for the amount thereof as taxed.

Code, s. 3373; 1874-5, c. 154.