NORTH CAROLINA GENERAL ASSEMBLY

1963 SESSION

 

 

CHAPTER 1214

SENATE BILL 686

 

 

AN ACT TO AMEND CHAPTER 1210 OF THE 1961 SESSION LAWS RELATING TO THE CIVIL JURISDICTION OF THE HARNETT COUNTY RECORDER'S COURT AND THE SALARY OF THE JUDGE OF THE HARNETT COUNTY RECORDER'S COURT; TO AMEND CHAPTER 1051 OF THE 1959 SESSION LAWS RELATING TO THE JURORS OF THE HARNETT COUNTY RECORDER'S COURT; TO AMEND CHAPTER 520 OF THE 1959 SESSION LAWS RELATING TO THE POWER OF THE COUNTY COMMISSIONERS TO SET CERTAIN FEES.

 

The General Assembly of North Carolina do enact:

 

Section 1. Chapter 1210 of the 1961 Session Laws is hereby amended to read as follows:

"(1)     Jurisdiction concurrent with that of the Justice of the Peace of the county:

"(2)     Jurisdiction concurrent with the Superior Court in all actions founded on contract wherein the amount demanded shall not exceed the sum of fifteen thousand dollars ($15,000.00), exclusive of interest and cost:

"(3)     Jurisdiction concurrent with the Superior Court in all actions not founded on contract wherein the amount demanded shall not exceed the sum of fifteen thousand dollars ($15,000.00), exclusive of interest and cost:

"(4)     Jurisdiction concurrent with the Superior Court in all actions to try title to lands, to prevent trespass thereon and to restrain waste thereof where the damages complained of do not exceed the sum of fifteen thousand dollars ($15,000.00);

"(5)     Jurisdiction concurrent with the Superior Court and all actions and proceedings for divorce and alimony, and to make such orders respecting the care, custody, tuition and maintenance of the minor children of the marriage as may be proper.

Sec. 2. Section 6, Chapter 1051 of the 1959 Session Laws is hereby amended to read as follows:

"The Clerk of the Board of Commissioners of Harnett County shall forthwith, and biennially thereafter, furnish to the Clerk of the Harnett County Recorder's Court, a list of all qualified jurors of Harnett County."

Sec. 3. Section 6, Chapter 1210 of the 1961 Session Laws is hereby amended to read as follows:

"The jury of said court in all civil matters shall be a jury of twelve, and shall be drawn in the same manner as provided in Chapter 1051 of the Session Laws of 1959, as amended by this Act."

Sec. 4. Section 13, Chapter 1051 of the 1959 Session Laws is hereby amended to read as follows:

"All persons summoned to serve as jurors in the Harnett County Recorder's Court shall receive the sum of seven dollars ($7.00) per day as compensation for their services."

Sec. 5. The salary of the Judge of the Harnett County Recorder's Court shall be eighty-five hundred dollars ($8500.00) per year.

Sec. 6. In any civil matter case where a jury is impaneled, the party adjudged to pay the cost shall be taxed the sum of fourteen dollars ($14.00) as a jury fee, said sum to be an addition to such other fees as are now required by law.

Sec. 7. Section 1, Chapter 520 of the 1959 Session Laws is hereby amended by changing the period (.) at the end of the Section to a comma (,) and adding the following:

"and the Clerk of the Recorder's Court of Harnett County."

Sec. 8. That transfer may be made in term of any civil action in the Superior Court to the Harnett County Recorder's Court, and from the Harnett County Recorder's Court to the Superior Court by the presiding Judge of said respective courts, by consent, or upon motion of which due notice has been given, when, in the opinion of the presiding Judge of the court from which the transfer is to be made, the ends of justice will be best served and promoted by such transfer.

Sec. 9. Judgments rendered in the Harnett County Recorder's Court shall be recorded on the judgment rolls in the office of the Clerk of the Superior Court upon the payment of one dollar ($1.00), and the same shall be indexed and cross-indexed as in cases of judgments rendered in the Superior Court and shall have the full effect of notice as if rendered by the Superior Court.

Sec. 10. All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 11. 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 26th day of June, 1963.