NORTH CAROLINA GENERAL ASSEMBLY

1959 SESSION

 

 

CHAPTER 1077

HOUSE BILL 1102

 

 

AN ACT TO REPEAL CHAPTER 414, SESSION LAWS OF 1951 SO AS TO PROVIDE FOR JURY TRIALS IN THE RECORDER'S COURT OF RANDOLPH COUNTY AS PROVIDED BY G. S. 7-228 AND TO PROVIDE FOR A SUBSEQUENT ELECTION UPON THE QUESTION WHETHER THE VOTERS OF RANDOLPH COUNTY ARE IN FAVOR OF JURY TRIALS IN SAID RECORDER'S COURT.

 

The General Assembly of North Carolina do enact:

 

Section 1. Chapter 414 of the Session Laws of 1951 is hereby repealed.

Sec. 2. In all trials in the Recorder's Court of Randolph County upon demand for a jury trial by the defendant or by the prosecuting attorney representing the State the party requesting a jury trial shall be given such jury trial as is now provided by G. S. 7-228.

Sec. 2.5. All jurors summoned to serve under this Act shall receive the same compensation as jurors summoned to serve in the Superior Court of Randolph County, and the sum of twenty dollars ($20.00) shall be taxed as a part of the cost against the party convicted or adjudged to pay costs.

Sec. 3. At the next general election for State and county offices the Board of Elections of Randolph County shall cause to be distributed to the voters a ballot designed to afford the voters of Randolph County the opportunity to vote on the question of whether or not they are in favor of jury trials in the county Recorder's Court of Randolph County. Such ballots shall be distributed at all polling places within the county and shall contain on separate lines the words: "For jury trials in Recorder's Court of Randolph County" and "Against jury trials in the Recorder's Court of Randolph County". Those voters favoring jury trials shall mark in the voting square to the left of the words "For jury trials in the Recorder's Court of Randolph County" printed on the ballot and those opposed to jury trials shall mark in the voting square to the left of the words "Against jury trials in the Recorder's Court of Randolph County".

Sec. 4. In the event a majority of those voting oppose jury trials in the Recorder's Court of Randolph County, then jury trials shall be discontinued as of December 31, 1960, and thereafter when a jury trial is demanded the case shall be transferred to the docket of the Superior Court of Randolph County.

Sec. 5. All laws and clauses of laws in conflict with the provisions of this Act are hereby repealed,

Sec. 6. This Act shall be in full force and effect from and after its ratification.

In the General Assembly read three times and ratified, this the 17th day of June, 1959.