NORTH CAROLINA GENERAL ASSEMBLY

1973 SESSION

 

 

CHAPTER 503

HOUSE BILL 146

 

 

AN ACT TO MAKE VARIOUS MINOR TECHNICAL AND EDITORIAL AMENDMENTS IN GENERAL STATUTES, CHAPTER 7A (JUDICIAL DEPARTMENT).

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 7A-49.2(a) is amended by deleting "and uncontested divorce cases".

Sec. 2.  G.S. 7A-171(b) is amended by deleting from lines three and four the words in parentheses.

Sec. 3.  G.S. 7A-180 is amended by rewriting the opening words (before the colon) to read as follows: "The clerk of superior court:", and by deleting from subparagraph (3) "Immediately sets up and thereafter maintains", inserting in lieu thereof "Maintains".

Sec. 4.  G.S. 7A-180(4) is amended in line four, after "to" by inserting "enter judgment and".

Sec. 5.  G.S. 7A-181 is amended by rewriting the opening words (before the colon) to read as follows: "Assistant and deputy clerks of superior court:".

Sec. 6.  G.S. 7A-249 is amended by deleting the period (.) and adding: ", and proceedings under Chapters 55 (Business Corporation Act) and 55A (Non-Profit Corporation Act) of the General Statutes".

Sec. 7.  G.S. 7A-250 is amended by deleting the period (.) and adding: ", and any order or decision of the Commissioner of Insurance described in G.S. 58-9.4".

Sec. 8.  G.S. 7A-273(2) is amended in line three before the semicolon (;) by inserting ", and, in such cases, to enter judgment and collect the fine and costs".

Sec. 9.  G.S. 7A-292 is amended by deleting subparagraphs (11) and (13), by adding "and" at the end of subparagraph (10), by deleting "; and" at the end of subparagraph (12), by renumbering subparagraph (12) as subparagraph (11) and placing a period (.) at the end thereof.

Sec. 10.  G.S. 7A-300 is amended by inserting a new subparagraph (10) to read as follows: "(10) Operating expenses of the Judicial Council and the Judicial Standards Commission;", and by renumbering present subparagraphs (10) and (11) accordingly.

Sec. 11.  G.S. 7A-300(9) is amended by inserting before the semicolon (;) " and, in cases in which the defendant pays for a transcript of the preliminary hearing, a copy for the solicitor".

Sec. 12.  G.S. 7A-305(a)(2) is amended by rewriting the first sentence to read as follows: "For support of the General Court of Justice, the sum of twenty dollars ($20.00) in the superior court, and the sum often dollars ($10.00) in the district court, except that in the district court if the amount sued for does not exceed three hundred dollars ($300.00), excluding interest, the sum shall be five dollars ($5.00)."

Sec. 13.  G.S. 7A-305(b) is amended in the first sentence by changing the semicolon (;) in line four to a period (.), and deleting the remainder of the sentence.

Sec. 14.  G.S. 7A-305(d) is amended in subparagraph (4) by deleting the period (.) after "mail", and adding "and by publication.".

Sec. 15.  G.S. 7A-306(c) is amended in subparagraph (4) by inserting after "sheriff's fees," the words "and for service by publication,".

Sec. 16.  G.S. 7A-308(a)(15) is rewritten to read as follows: "On all funds placed with the clerk by virtue or color of his office, to be administered, invested, or administered in part and invested in part, a commission of one percent (1%), with a minimum fee of fifteen dollars ($15.00) and a maximum fee of five hundred dollars ($500.00), except that on accounts of two hundred dollars ($200.00) or less, there shall be no commission. For purposes of assessing a commission, receipts are cumulative for the life of an account."

Sec. 17.  G.S. 7A-309(1) is amended by changing "$4.00" to "$5.00".

Sec. 18.  G.S. 7A-311(a) is amended in subparagraph (1) by adding the following between the third and fourth sentences: "If the process is served, or attempted to be served, by a city policeman, the fee shall be remitted to the city rather than the county.".

Sec. 19.  G.S. 7A-312 is amended by adding the following at the end thereof: "Jurors from out of the county summoned to sit on a special venire shall receive mileage at the same rate as State employees."

Sec 20.  G.S. 7A-313 is amended in line three by changing "day's" to "twenty‑four hours'".

Sec. 21.  G.S. 7A-314 is amended by inserting "Judicial Standards Commission," in the first sentence, after "court," and before "jury of view", and, in line five, after "which", inserting ", except as to witnesses before the Judicial Standards Commission,".

Sec. 22.  G.S. 7A-314(d) is amended, in line two, after "court" by inserting "or the Judicial Standards Commission,".

Sec. 23.  This act shall become effective October 1, 1973.

In the General Assembly read three times and ratified, this the 15th day of May, 1973.