Title: S.L. 1971-533
Category: Introduced Bills

General Assembly of North Carolina	1971

NORTH CAROLINA GENERAL ASSEMBLY
1971 SESSION

CHAPTER 533
SENATE BILL 695

AN ACT TO AMEND GENERAL STATUTES CHAPTER 42 TO CONFORM TO THE ORGANIZATIONAL AND JURISDICTIONAL PROVISIONS OF THE JUDICIAL DEPARTMENT ACT OF 1965.

The General Assembly of North Carolina do enact:

Section 1.  G.S. 42-17 is rewritten to read as follows:
"§ 42-17.  Action to settle dispute between parties. — When any controversy arises between the parties, and neither party avails himself of the provisions of this chapter, it is competent for either party to proceed at once to have the matter determined in the appropriate trial division of the General Court of Justice."
Sec. 2.  G.S. 42-18 is amended by deleting "justice's" and "superior" in line two, and inserting in lieu thereof "magistrate's" and "district", respectively, and by deleting "justice of the peace" from line eight, and inserting in lieu thereof "magistrate".
Sec. 3.  G.S. 42-20 is amended in line three by deleting "justice of the peace or the" and in line four by deleting "constable or".
Sec. 4.  G.S. 42-28 is rewritten to read as follows:
"§ 42-28.  Summons issued by clerk. — When the lessor or his assignee files a complaint pursuant to G.S. 42-26 or G.S. 42-27, and asks to be put in possession of the leased premises, the clerk of superior court shall issue a summons requiring the defendant to appear at a certain time and place (not to exceed five days from the issuing of the summons, without the consent of the plaintiff) to answer the complaint. The plaintiff may claim rent in arrears, and damages for the occupation of the premises since the cessation of the estate of the lessee, not to exceed three hundred dollars ($300.00), but if he omits to make such claim, he shall not be prejudiced thereby in any other action for their recovery."
Sec. 5.  G.S. 42-30 is amended by deleting "justice" from lines four and eight, and inserting in lieu thereof "magistrate", in each instance, and by deleting "two hundred" from line seven, and inserting "three hundred" in lieu thereof.
Sec. 6.  G.S. 42-31 is amended by deleting "justice" from line three, and inserting "magistrate" in lieu thereof, and by deleting the second sentence.
Sec. 7.  G.S. 42-32 is amended by deleting in lines one and seven "superior", and inserting in lieu thereof "district", in each instance.
Sec. 8.  G.S. 42-34 is rewritten to read as follows:
"§ 42-34.  Undertaking on appeal; when to be increased. — (a) Upon appeal to the district court, either party may demand that the case be tried at the first session of the court after the appeal is docketed, but the presiding judge, in his discretion, may first try any pending case in which the rights of the parties or the public demand it.
(b)	No execution commanding the removal of a defendant from possession of the rented premises shall be suspended until the defendant gives an undertaking in an amount not less than three month's rent of the premises, with sufficient surety or sureties to be approved by the magistrate, to be void if the defendant pays any judgment which the plaintiff may recover for rent, and for damages for the detention of the land. At any session of the district court of the county in which the appeal is docketed after the lapse of three months from the date of the filing of the undertaking required in this subsection, the tenant, after legal notice has been duly served on him, may be required to show cause why the undertaking should not be increased to an amount sufficient to cover rents and damages for such period as the court may deem proper, and if the tenant fails to show proper cause and does not file an increased undertaking for rents and damages as the court may direct, or make affidavit that he is unable to do so, his appeal shall be dismissed and the judgment of the magistrate shall be affirmed."
Sec. 9.  G.S. 42-35 is amended by deleting "justice" and "a superior" from line two, and inserting "magistrate" and "a district", respectively, in lieu thereof, and by deleting "superior" from line three and inserting "district" in lieu thereof.
Sec. 10.  G.S. 42-36 is amended in line one by deleting "justice" and inserting "magistrate" in lieu thereof.
Sec. 11.  G.S. 42-37 and all other laws and parts of law in conflict with this act are repealed.
Sec. 12.  This act shall become effective October 1, 1971.
In the General Assembly read three times and ratified, this the 10th day of June, 1971.

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