GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2003
SESSION LAW 2003-337
HOUSE BILL 394
AN ACT clarifying the law pertaining to legal deadlines falling on a holiday.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 103-5(a) reads as rewritten:
"(a) Where Except
as otherwise provided by law, when the day or the last day for doing an any
act required or permitted by law to be done performed in a public
office or courthouse falls on Sunday or a holidaya Saturday,
Sunday, or legal holiday when the public office or courthouse is closed for
transactions, the act may be done performed on the next succeeding
secular or business day that the public office or courthouse is open for
transactions.and where the courthouse in any county is closed on
Saturday or any other day by order of the board of county commissioners of said
county and the day or the last day required for filing an advance bid or the
filing of any pleading or written instrument of any kind with any officer
having an office in the courthouse, or the performance of any act required or
permitted to be done in said courthouse falls on Saturday or other day during
which said courthouse is closed as aforesaid, then said Saturday or other day
during which said courthouse is closed as aforesaid shall be deemed a holiday;
and said advance bid, pleading or other written instrument may be filed, and
any act required or permitted to be done in the courthouse may be done on the
next day during which the courthouse is open for business."
SECTION 2. G.S. 1A-1, Rule 6(a) reads as rewritten:
"(a) Computation. - In
computing any period of time prescribed or allowed by these rules, by order of
court, or by any applicable statute, including rules, orders or statutes
respecting publication of notices, the day of the act, event, default or
publication after which the designated period of time begins to run is not to
be included. The last day of the period so computed is to be included, unless
it is a Saturday, Sunday or a legal holiday, holiday when the
courthouse is closed for transactions, in which event the period runs until
the end of the next day which is not a Saturday, Sunday, or a legal holiday.
holiday when the courthouse is closed for transactions. When the period of
time prescribed or allowed is less than seven days, intermediate Saturdays,
Sundays, and holidays shall be excluded in the computation. A half holiday
shall be considered as other days and not as a holiday."
SECTION 3. G.S. 45-21.21(e) reads as rewritten:
"(e) A sale may be
postponed more than once provided the final postponed sale date is not later
than 90 days, exclusive of Sunday and legal holidays, holidays when
the courthouse is closed for transactions, after the original date for the
sale."
SECTION 4. G.S. 45-21.23 reads as rewritten:
"§ 45-21.23. Time of sale.
A sale shall begin at the time designated in the notice of
sale or as soon thereafter as practicable, but not later than one hour after
the time fixed therefor unless it is delayed by other sales held at the same
place. The sale shall be held between the hours of 10:00 A.M. and 4:00 P.M. on
any day other than Sunday or a legal holiday.holiday when the
courthouse is closed for transactions."
SECTION 5. G.S. 45-21.24 reads as rewritten:
"§ 45-21.24. Continuance of uncompleted sale.
A sale commenced but not completed within the time allowed by
G.S. 45-21.23 shall be continued by the person holding the sale to a designated
time between 10:00 o'clock A.M. and 4:00 o'clock P.M. the next following day, other
than Sunday or a legal holiday. holiday when the courthouse is closed
for transactions. In case such continuance becomes necessary, the person
holding the sale shall publicly announce the time to which the sale is
continued."
SECTION 6. G.S. 45-21.27(a) reads as rewritten:
"(a) An upset bid is an
advanced, increased, or raised bid whereby any person offers to purchase real
property theretofore sold, for an amount exceeding the reported sale price or
last upset bid by a minimum of five percent (5%) thereof, but in any event with
a minimum increase of seven hundred fifty dollars ($750.00). Subject to the
provisions of subsection (b) of this section, an upset bid shall be made by
delivering to the clerk of superior court, with whom the report of sale or last
notice of upset bid was filed, a deposit in cash or by certified check or
cashier's check satisfactory to the clerk in an amount greater than or equal to
five percent (5%) of the amount of the upset bid but in no event less than
seven hundred fifty dollars ($750.00). The deposit required by this section
shall be filed with the clerk of the superior court, with whom the report of
the sale or the last notice of upset bid was filed by the close of normal
business hours on the tenth day after the filing of the report of the sale or
the last notice of upset bid, and if the tenth day shall fall upon a Sunday or
legal holiday, holiday when the courthouse is closed for
transactions, or upon a day in which the office of the clerk is not open
for the regular dispatch of its business, the deposit may be made and the
notice of upset bid filed on the day following when said office is open for the
regular dispatch of its business. Subject to the provisions of G.S. 45-21.30,
there shall be no resales; rather, there may be successive upset bids each of
which shall be followed by a period of 10 days for a further upset bid. When an
upset bid is not filed following a sale, resale, or prior upset bid within the
time specified, the rights of the parties to the sale or resale become
fixed."
SECTION 7. G.S. 1-339.64(a) reads as rewritten:
"(a) An upset bid is an advanced, increased, or raised bid whereby a person offers to purchase real property theretofore sold for an amount exceeding the reported sale price or last upset bid by a minimum of five percent (5%) thereof, but in any event with a minimum increase of seven hundred fifty dollars ($750.00). Subject to the provisions of subsection (b) of this section, an upset bid shall be made by delivering to the clerk of superior court, with whom the report of sale or the last notice of upset bid was filed, a deposit in cash or by certified check or cashier's check satisfactory to the clerk in an amount greater than or equal to five percent (5%) of the amount of the upset bid but in no event less than seven hundred fifty dollars ($750.00). The deposit required by this section shall be filed with the clerk of the superior court, with whom the report of sale or the last notice of upset bid was filed, by the close of normal business hours on the tenth day after the filing of the report of sale or the last notice of upset bid and if the tenth day falls upon a Sunday or legal holiday when the courthouse is closed for transactions, or upon a day in which the office of the clerk is not open for the regular dispatch of its business, the deposit may be made and the notice of upset bid may be filed on the day following when the office is open for the regular dispatch of its business. Except as provided in G.S. 1-339.66A and G.S. 1-339.69, there shall be no resales; however, there may be successive upset bids, each of which shall be followed by a period of 10 days for a further upset bid. If a timely motion for resale is filed under G.S. 1-339.66A, no upset bids may be filed while the motion is pending."
SECTION 8. G.S. 1-339.25(a) reads as rewritten:
"(a) An upset bid is an advanced, increased, or raised bid in a public sale by auction whereby a person offers to purchase real property theretofore sold for an amount exceeding the reported sale price or the last upset bid by a minimum of five percent (5%) thereof, but in any event with a minimum increase of seven hundred fifty dollars ($750.00). Subject to the provisions of subsection (b) of this section, an upset bid shall be made by delivering to the clerk of superior court, with whom the report of the sale or the last notice of upset bid was filed, a deposit in cash or by certified check or cashier's check satisfactory to the clerk in an amount greater than or equal to five percent (5%) of the amount of the upset bid but in no event less than seven hundred fifty dollars ($750.00). The deposit required by this section shall be filed with the clerk of the superior court with whom the report of sale or the last notice of upset bid was filed, by the close of normal business hours on the tenth day after the filing of the report of sale or the last notice of upset bid, and if the tenth day falls upon a Sunday or legal holiday when the courthouse is closed for transactions, or upon a day in which the office of the clerk is not open for the regular dispatch of its business, the deposit may be made and the notice of upset bid may be filed on the day following when the office is open for the regular dispatch of its business. Except as provided in G.S. 1-339.27A and G.S. 1-339.30, there shall be no resales; however, there may be successive upset bids, each of which shall be followed by a period of 10 days for a further upset bid. If a timely motion for resale is filed under G.S. 1-339.27A, no upset bids may be filed while the motion is pending."
SECTION 9. G.S. 7B-506(e) reads as rewritten:
"(e) If the court orders
at the hearing required in subsection (a) of this section that the juvenile
remain in custody, a subsequent hearing on continued custody shall be held
within seven business days of that hearing, excluding Saturdays, Sundays, and
legal holidays, holidays when the courthouse is closed for
transactions, and pending a hearing on the merits, hearings thereafter
shall be held at intervals of no more than 30 calendar days."
SECTION 10. G.S. 7B-1906(b) reads as rewritten:
"(b) As long as the
juvenile remains in secure or nonsecure custody, further hearings to determine
the need for continued secure custody shall be held at intervals of no more
than 10 calendar days. A subsequent hearing on continued nonsecure custody
shall be held within seven business days, excluding Saturdays, Sundays, and
legal holidays, holidays when the courthouse is closed for
transactions, of the initial hearing required in subsection (a) of this
section and hearings thereafter shall be held at intervals of no more than 30
calendar days. In the case of a juvenile alleged to be delinquent, further
hearings may be waived only with the consent of the juvenile, through counsel
for the juvenile."
SECTION 11. G.S. 105-374(m) reads as rewritten:
"(m) Sale. - The sale shall be
by public auction to the highest bidder and shall, in accordance with the
judgment, be held at the courthouse door on any day of the week except a Sunday
or legal holiday. holiday when the courthouse is closed for
transactions. (In actions brought by a municipality that is not a county
seat, the court may, in its discretion, direct that the sale be held at the
city or town hall door.) The commissioner conducting the sale may, in his
discretion, require from any successful bidder a deposit equal to not more than
twenty percent (20%) of his bid, which deposit, in the event that the bidder
refuses to take title and a resale becomes necessary, shall be applied to pay
the costs of sale and any loss resulting. (However, this provision shall not
deprive the commissioner of his right to sue for specific performance of the
contract.) No deposit shall be required of a taxing unit that has made the highest
bid at the foreclosure sale."
SECTION 12. G.S. 156-105 reads as rewritten:
"§ 156-105. Assessment lien; collection; sale of land.
The assessments shall constitute a first and paramount lien,
second only to State and county taxes, upon the lands assessed for the payment
of the bonds and interest thereon as they become due, and shall be collected in
the same manner and by the same officers as the State and county taxes are
collected. The assessments shall be due and payable on the first Monday in September
each year, and if the same shall not be paid in full by the thirty-first day of
December following, it shall be the duty of the sheriff or tax collector to
sell the lands so delinquent. The sale of lands for failure to pay such
assessments shall be made at the courthouse door of the county in which the
lands are situated, between the hours of 10 o'clock in the forenoon and four
o'clock in the afternoon of any date except Sunday or another legal holiday,
holiday when the courthouse is closed for transactions, which may be
designated by the board of drainage commissioners. After any such sale date has
been designated by the board of drainage commissioners, if for any necessary
cause the sale cannot be made on that date, the sale may be continued from day
to day for not exceeding four days, or the lands may be readvertised and sold
on any day which the board of drainage commissioners may or shall designate
during the same hours and without any order being obtained therefor during the
same calendar year. Nothing in this section shall be construed to require any
order from any court for any sale or resale held hereunder. The existing
general tax law in force when sales are made for delinquent assessments shall
have application in redeeming lands so sold; and in all other respects, except
as herein or otherwise modified or amended, the existing law as to the
collection of State and county taxes shall apply to the collection of such
drainage assessments. No bid at any sale shall be received unless sufficient in
amount to discharge all the drainage assessments and other charges due by the
delinquent lands or owner thereof, together with all costs and expenses of
sale. If no sufficient bid be received, the board of drainage commissioners of
the district shall be deemed the purchaser in its corporate capacity at a sum
sufficient to pay all assessments which are due and costs as above stated, and
shall be entitled to receive a certificate of purchase and deed in the manner
provided by law for purchasers at tax sales. The board of drainage
commissioners shall only be required to pay to the sheriff the costs and
expenses of sale before receiving a certificate of purchase. The board of
drainage commissioners of the district in their corporate capacity shall be in
like position and have the same rights and be subject to the same duties as the
purchaser of lands at any tax sale under the general law. If the board of
drainage commissioners shall have been the purchaser of lands so sold, the
amount paid in redemption by the owner, or any person having an estate therein
or lien thereon, shall include the sum bid therefor plus the penalty. The board
of drainage commissioners shall pay to the sheriff or tax collector the amount
representing their bid at the sale of said lands before they shall be entitled
to receive a deed therefor, which the sheriff shall pay to the treasurer of the
drainage district in the same manner as other funds received by him. The board
of drainage commissioners, after acquiring a deed for said lands, may hold the
same as an asset of the district, and shall be liable for the payment of all
drainage assessments and State and county taxes accruing after the sale at
which the district was a bidder, and in all respects be deemed the owner of
said lands and subject to the same privileges and liabilities as any other
landowner, including the right to convey the said lands for a consideration and
pay the proceeds of said sale to the treasurer of the district, which may be
distributed by the drainage commissioners for the benefit of the district in
the same manner as other district funds.
If any sheriff or tax collector failed for any reason to collect drainage assessments upon lands in any drainage districts due in 1917, or any subsequent years, and further failed to make valid sales of the lands so delinquent in the payment of such assessments, then and in such event the existing sheriff or tax collector is hereby authorized and directed to proceed to collect such unpaid drainage assessments, with interest thereon from the dates when such assessments respectively became due, and in default of payment being made he is further authorized to make sales of such lands as may be in default at any time hereafter, at the times and in the manner authorized by law as amended herein; and the purchaser at said sales shall acquire title to such lands in the manner provided by law. If the sheriff or tax collector in office at the time such assessments were in default has since died or gone out of office, the powers herein given shall be exercised by the existing sheriff or tax collector.
The 1931 amendment to this section shall have the same force and effect from and after April 13, 1931, as if it had been ratified and enacted prior to the first day of January, 1929, and no sale of drainage lands held under the provisions of section 5361 shall be deemed or declared void by reason of the fact that they may not have been held on the day specified in section 5361 of the Consolidated Statutes prior to this amendment."
SECTION 13. This act becomes effective October 1, 2003, and applies to any act required or permitted by law to be done on or after that date.
In the General Assembly read three times and ratified this the 9th day of July, 2003.
s/ Beverly E. Perdue
President of the Senate
s/ James B. Black
Speaker of the House of Representatives
s/ Michael F. Easley
Governor
Approved 6:51 p.m. this 20th day of July, 2003