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NC General Statutes

N.C. Gen. Stat. § 1-408 (2026)

Action in which clerk may allow fees of commissioners; fees taxed as costs

✓ current as of July 2026
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In a civil action or special proceeding commenced in the superior court in which a commissioner or commissioners are appointed under an order or judgment entered by the clerk of the superior court, the clerk may fix a reasonable fee for the services of the commissioner or commissioners performed under the order or judgment. The fee shall be taxed as part of the costs in the action or proceeding. Any aggrieved party has the right to appeal as provided in Article 27A of Chapter 1 of the General Statutes. (1923, c. 66; s. 1; C.S., s. 766(a); 1999-216, s. 4.)

 

§ 1-408.1.  Clerk may order surveys in civil actions and special proceedings involving sale of land.

In civil actions and special proceedings commenced in the superior court before the clerk where real property is to be sold to make assets to pay debts, or to be sold for division, or to be partitioned, the clerk may, if all parties to the action or proceedings will benefit by a survey, order a survey of the land involved, appoint a surveyor for this purpose, and fix a reasonable fee for the services of the surveyor. The fee and other costs of the survey shall be taxed as a part of the costs in the action or proceedings. Any aggrieved party has the right to appeal as provided in Article 27A of Chapter 1 of the General Statutes. (1955, c. 373; 1999-216, s. 5.)

 

SUBCHAPTER XIII. PROVISIONAL REMEDIES.

Article 34.

Arrest and Bail.

Notes of Decisions
Cited in 3 cases, 1963–1967 · leading case: Welch v. Kearns, 130 S.E.2d 634 (N.C. 1963).
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Welch v. Kearns, 130 S.E.2d 634 (N.C. 1963). · cites it 4× “The question for determination is whether in a civil action or special proceeding wherein a Commissioner is appointed to sell land, such commissioner’s fee is to be determined pursuant to the provisions of G.S. 1-408 or G.S. 28-170. In the case of Ray v.”
Becker Cnty. Sand & Gravel Co. v. Taylor, 153 S.E.2d 19 (N.C. 1967). “G.S. 1-408 sets out the proper procedure for determination of fees to be allowed court-appointed commissioners.”
Welch v. Kearns, 134 S.E.2d 155 (N.C. 1964). “This Court held that G.S. 1-408 — not G.S. 28-170 — controlled, and remanded the proceeding for trial de novo before the judge holding the Superior Court of Davidson County.”
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