NORTH CAROLINA GENERAL ASSEMBLY

1959 SESSION

 

 

CHAPTER 74

HOUSE BILL 221

 

 

AN ACT TO AMEND ARTICLE 24 OF CHAPTER 7 OF THE GENERAL STATUTES OF NORTH CAROLINA, RELATING TO RECORDERS' COURTS AS IT APPLIES TO SUCH COURT IN THE TOWN OF SOUTHERN PINES.

 

The General Assembly of North Carolina do enact:

 

Section 1. Section 7-186 of the General Statutes is hereby amended by adding at the end thereof the following:

"The Recorder and the Prosecuting Attorney for the Municipal Recorder's Court of the Town of Southern Pines shall be nominated and elected by the qualified voters of the Town of Southern Pines, in Moore County, in the same manner and at the same time as is now provided by law for the other elective officers of the Town of Southern Pines and in the general election for such officers. The term of office for the recorder and the prosecuting attorney of said court shall be the same as is now provided by law for the elective officers of the Town of Southern Pines. Any qualified voter of Moore County, residing within the territorial jurisdiction of said court, shall be eligible for nomination and election to the office of recorder or prosecuting attorney of said court. Any qualified voter of Moore County, residing within the territorial jurisdiction of said court in Moore County, shall be eligible for appointment to the office of vice-recorder, clerk, assistant clerk, and deputy clerk of said court; provided, that any candidate for the office of the prosecuting attorney shall be also a duly licensed attorney as required by the laws of the State of North Carolina."

Sec. 2. Section 7-195 of the General Statutes, insofar as it relates to any recorder's court established in the Town of Southern Pines, is hereby amended by adding at the end thereof the following:

"Provided, that no trial by jury may be had in such recorder's court, but in the trial of any criminal case in the Recorder's Court of the Town of Southern Pines, upon demand for a trial by jury by the defendant or prosecuting attorney representing the State, the recorder shall transfer such case to the Superior Court of Moore County for trial, and the defendant shall execute a new bond in an amount fixed by the recorder for his appearance at the next term of Superior Court of Moore County."

Sec. 3. Section 7-200 of the General Statutes insofar as it relates to any recorder's court established in the Town of Southern Pines is hereby amended by adding at the end thereof the following:

"The governing body of the Town of Southern Pines shall appoint such assistant clerks, and deputy clerks for the office of the clerk, from time to time, as the recorder shall specify; provided that all assistant clerks shall enter into a bond, identical with that required of the clerk, in the sum to be fixed by the town council, not to exceed five thousand dollars ($5,000.00). The town council shall have the right to remove any such assistant clerks and deputy clerks, either for incapacity or for neglect of the duties of his office, and in case of a vacancy for any cause the office shall be filled in the manner hereinbefore provided. In the absence or disability of the clerk, the assistant clerk shall have all the powers and authority of the clerk as fully as assistant clerks of the Superior Court would have, if the Superior Court had jurisdiction. In the name of the clerk, the deputy clerks shall have the duty and authority of performing all ministerial and administrative functions of the clerk as fully as deputy clerks of the Superior Court would have, if the Superior Court had jurisdiction, with respect to all matters and proceedings of which the court has jurisdiction, and with respect to all affidavits, process, proceedings, orders, or writs pertaining thereto. In addition, deputy clerks, in the name of the clerk, shall fix and take bond, take proof by oath and perform the duties of a clerk as provided by G. S. 7-198. The assistant clerks and deputy clerks shall, before assuming office, take and subscribe the oath required of the clerk. All salaries and compensation shall be fixed and determined in the discretion of the Town Council of the Town of Southern Pines."

Sec. 4. Section 7-203 of the General Statutes insofar as it relates to any recorder's court established in the Town of Southern Pines is hereby amended by adding at the end thereof the following:

"Provided, whenever the prosecuting attorney disqualifies himself or is absent or disabled, the recorder, or in his absence or disability, the vice-recorder, may, by order entered and filed with the clerk, appoint one or more attorneys at law residing within the territorial jurisdiction of said court to act as substitute prosecuting attorney; provided such order of appointment shall set forth the specific session, or sessions, of said court and the specific time for which said substitute prosecuting attorney shall serve, and for such period of time and such sessions specified, said substitute prosecuting attorney shall have the powers of a prosecuting attorney of said court and shall be compensated for his services as determined in the discretion of the Town Council of the Town of Southern Pines."

Sec. 5. Section 7-204 of the General Statutes shall not apply to any recorder's court established in the Town of Southern Pines.

Sec. 6. All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 7. 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 13th day of March, 1959.