46-96
Marriage
Cite as N.D. Op. Att'y Gen. 46-96
OPINION
46-96
December 6, 1946 (OPINION)
MARRIAGE
RE: License Fees - Chapter 14-03
Re: Marriage License Fees of County Judges
Your letter of December 3, regarding our opinion as to the lawful
fees which may be charged and collected by county judges for issuing
marriage licenses, has been received and sent to my desk.
The fee chargeable for a marriage license, as provided by section
14-0322, is one dollar. Section 14-0313 provides that the county
judge shall charge not to exceed fifty cents for a serological test,
which fee is charged at the time of issuing a marriage license. The
fees for serological tests collected during the month must be
accounted for to the State Treasurer at the end of the month. The
license fees are accounted for to the county, as required by section
11-1014.
Section 12-0809 provides that a county executive officer who charges
an unlawful fee is guilty of a misdemeanor. It is therefore our
opinion that no county judge may lawfully charge and collect for
issuing a marriage license fee of more than one dollar, and for a
serological test not to exceed fifty cents.
NELS G. JOHNSON
Attorney General