NORTH CAROLINA GENERAL ASSEMBLY

1961 SESSION

 

 

CHAPTER 181

HOUSE BILL 73

 

 

AN ACT TO CLARIFY G.S. 15‑167 RELATING TO EXTENDING A TERM OF COURT OTHERWISE EXPIRING IN THE COURSE OF A TRIAL.

 

The General Assembly of North Carolina do enact:

 

Section 1.  G.S. 15‑167 is hereby amended by rewriting the Section to read as follows:

"G.S. 15‑167.  Extension of term of court by trial judge. Whenever a trial for a felony is in progress on the last Friday of any term of court and it appears to the trial judge that it is unlikely that such trial can be completed before five P.M. on such Friday, the trial judge may extend the term as long as in his opinion it shall be necessary for the purposes of the case, but he may recess court on Friday or Saturday of such week to such time on the succeeding Sunday or Monday as, in his discretion, he deems wise. The trial judge, in his discretion, may exercise the same power in the trial of any other cause under the same circumstances, except civil actions begun after Thursday of the last week. The length of time such court shall remain in session each day shall be in the discretion of the trial judge. Whenever a trial judge continues a term pursuant to this Section, he shall cause an order to such effect to be entered in the minutes, which order may be entered at such time as the judge directs, either before or after he has extended the term."

Sec. 2.  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 3.  This Act shall become effective upon its ratification.

In the General Assembly read three times and ratified, this the 7th day of April, 1961.