NORTH CAROLINA GENERAL ASSEMBLY

1971 SESSION

 

 

CHAPTER 1185

SENATE BILL 796

 

 

AN ACT TO AMEND VARIOUS SECTIONS OF GENERAL STATUTES CHAPTERS 43, 44, 45, 46, 47, 48, 49, 50 AND 51 TO CONFORM TO THE STRUCTURAL AND ORGANIZATIONAL PROVISIONS OF THE GENERAL COURT OF JUSTICE AS SET FORTH IN CHAPTER 7A.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 43-5 is amended by deleting the first sentence.

Sec. 2.  G.S. 43-17.1 is amended by deleting from the last paragraph the words "in term time" from lines 3 and 6, and by inserting in lieu thereof the words "during a session of court."

Sec. 3.  G.S. 44-10 is amended by deleting from the last line the words "before a justice of the peace or the superior court.", and by inserting in lieu thereof the words "with the clerk of superior court."

Sec. 4.  G.S. 44-38 is amended by rewriting the first sentence thereof to read as follows: "All claims shall be filed in the office of the clerk of superior court in the county where the labor has been performed or the materials furnished, specifying in detail the materials furnished or the labor performed, and the time thereof."

Sec. 5.  G.S. 44-47 is hereby repealed.

Sec. 6.  G.S. 44-48 is amended by deleting from subsections (1) and (2) the words "justice or".

Sec. 7.  G.S. 45-13 is amended by deleting from line 12 the word "term" and by inserting in lieu thereof the word "session".

Sec. 8.  G.S. 46-8 is amended by deleting from line 2 the words "justice of the peace", and by inserting in lieu thereof the word "magistrate".

Sec. 9.  G.S. 47-1 is amended by deleting the words "the judges and clerks of courts inferior to the superior court, commissioners of affidavits appointed by the Governor of the State, notaries public, and the several justices of the peace", and by inserting in lieu thereof the words "and notaries public".

Sec. 10.  G.S. 47-4 is hereby repealed.

Sec. 11.  G.S. 47-7 is amended by deleting from lines 4 and 5 and from line 14 the words "justice of the peace", and by inserting in lieu thereof the word "magistrate".

Sec. 12.  G.S. 47-22 is amended by deleting the words "and in the office of the clerk of the superior court".

Sec. 13.  G.S. 47-32 is amended by deleting the last sentence in the first paragraph.

Sec. 14.  G.S. 47-32.1 is amended by deleting the last sentence in the second paragraph.

Sec. 15.  G.S. 47-44 is amended by deleting from lines 3 and 4 the words "justice of the peace" and inserting in lieu thereof the word "magistrate"; and by adding in lines 9 and 11 after the words "justice of the peace" the words "or magistrate".

Sec. 16.  G.S. 47-63 is amended by deleting from lines 3 and 5 the words "justice of the peace", and inserting in lieu thereof the word "magistrate".

Sec. 17.  G.S. 48-5 is amended by deleting from subsection (a) the words ", including a juvenile court or a domestic relations court," and by deleting from subsection (b) all that appears after the word "place" in line 5 and by inserting a period after the word "place".

Sec. 18.  G.S. 49-5 is amended by deleting from line 16 the word "term", and by inserting in lieu thereof the word "session".

Sec. 19.  G.S. 49-7 is amended by deleting the first paragraph.

Sec. 20.  G.S. 50-1 is hereby repealed.

Sec. 21.  G.S. 50-4 is amended by deleting the words "in term time" and inserting in lieu thereof the words ", during a session of court".

Sec. 22.  G.S. 50-7 is amended by deleting from the first line the word "superior".

Sec. 23.  G.S. 50-12 is amended by rewriting the third sentence to read as follows:

"The clerks of court of the several counties of the State shall record and index such applications in such manner as shall be required by the Administrative Office of the Courts."; by deleting the fourth sentence; and by inserting after the word "term" in line 10 the words "or session".

Sec. 24.  G.S. 50-13.5(h) is amended by deleting all that appears after the first sentence.

Sec. 25.  G.S. 50-16.8(g) is amended by deleting all that appears after the first sentence.

Sec. 26.  G.S. 51-1 is amended by deleting from line 5 the words "justice of the peace"; and inserting in lieu thereof the word "magistrate", and by deleting the last sentence.

Sec. 27.  G.S. 51-16 is amended by deleting the words "justice of the peace" wherever they appear in the prescribed form, and by inserting in lieu thereof the word "magistrate".

Sec. 28.  All laws and parts of laws in conflict with this act are hereby repealed.

Sec. 29.  This act shall become effective October 1, 1971.

In the General Assembly read three times and ratified, this the 21st day of July, 1971.