NORTH CAROLINA GENERAL ASSEMBLY

1961 SESSION

 

 

CHAPTER 770

HOUSE BILL 942

 

 

AN ACT TO AMEND G. S. 7-70 RELATING TO THE TERMS OF SUPERIOR COURT TO BE HELD IN GASTON COUNTY.

 

The General Assembly of North Carolina do enact:

 

Section 1. That portion of G. S. 7-70 which sets forth the terms of Superior Court to be held in Gaston County is hereby amended to read as follows: "The eighth Monday before the first Monday in March to continue one week for the trial of criminal cases only; the fourth Monday before the first Monday in March to continue three weeks for the trial of civil cases only; the first Monday before the first Monday in March to continue two weeks for the trial of criminal cases only; the first Monday after the first Monday in March to continue two weeks for the trial of civil cases only; the sixth Monday after the first Monday in March to continue two weeks for the trial of criminal cases only; the twelfth Monday after the first Monay in March to continue three weeks for the trial of criminal cases only; the fifteenth Monday after the first Monday in March to continue two weeks for the trial of civil cases only; the sixth Monday before the first Monday in September to continue one week for the trial of criminal cases only; the first Monday before the first Monday in September to continue one week for the trial of criminal cases only; the second Monday after the first Monday in September to continue one week for the trial of criminal cases only; the fifth Monday after the first Monday in September to continue two weeks for the trial of civil cases only; the eighth Monday after the first Monday in September to continue two weeks for the trial of civil cases only; the tenth Monday after the first Monday in September to continue three weeks for the trial of criminal cases only; the thirteenth Monday after the first Monday in September to continue two weeks for the trial of civil cases only.

"In addition to the terms of court provided for above there shall be held in the County of Gaston the following terms of court: The seventh Monday before the first Monday in March to continue two weeks for the trial of civil cases only; the fifth Monday before the first Monday in March to continue one week for the trial of criminal cases only; the third Monday after the first Monday in March to continue two weeks for the trial of civil cases only; the eighth Monday after the first Monday in March to continue three weeks for the trial of civil cases only; the eighth Monday before the first Monday in September to continue two weeks for the trial of criminal cases only; the fourth Monday before the first Monday in September to continue two weeks for the trial of civil cases only; the first Monday in September to continue two weeks for the trial of civil cases only; the third Monday after the first Monday in September to continue two weeks for the trial of civil cases only; the seventh Monday after the first Monday in September to continue one week for the trial of criminal cases only. The Chief Justice shall assign a regular, special, or emergency judge to hold the terms of court set forth in this paragraph."

Sec. 2. That portion of G. S. 7-70 which provides that "the judge holding the courts of the twenty-seventh judicial district shall be subject to assignment by the Chief Justice to hold any regular, conflict or special terms of court in any county of the State, without extra compensation, for the weeks beginning the fifteenth Monday after the first Monday in March, the sixteenth Monday after the first Monday in March, the eighth Monday after the first Monday in September, and the ninth Monday after the first Monday in September" is hereby repealed.

Sec. 3. That portion of G. S. 7-70 which sets forth the terms of Superior Court to be held in Gaston County, as amended by Section 1 of this Act, is hereby amended to read as follows, effective July 1, 1962: "The eighth Monday before the first Monday in March to continue one week for the trial of criminal cases only; the fourth Monday before the first Monday in March to continue two weeks for the trial of civil cases only; the first Monday before the first Monday in March to continue two weeks for the trial of criminal cases only; the first Monday after the first Monday in March to continue two weeks for the trial of civil cases only; the fifth Monday after the first Monday in March to continue two weeks for the trial of criminal cases only; the seventh Monday after the first Monday in March to continue one week for the trial of civil cases only; the fifteenth Monday after the first Monday in March to continue two weeks for the trial of criminal cases only; the sixth Monday before the first Monday in September to continue one week for the trial of criminal cases only; the second Monday after the first Monday in September to continue one week for the trial of criminal cases only; the fifth Monday after the first Monday in September to continue two weeks for the trial of civil cases only; the eighth Monday after the first Monday in September to continue two weeks for the trial of civil cases only; the tenth Monday after the first Monday in September to continue two weeks for the trial of criminal cases only; the thirteenth Monday after the first Monday in September to continue one week for the trial of civil cases only; the fourteenth Monday after the first Monday in September to continue one week for the trial of criminal cases only.

"In addition to the terms of court provided for above there shall be held in the County of Gaston the following terms of court: the eighth Monday before the first Monday in March to continue one week for the trial of civil cases only, without a jury; the seventh Monday before the first Monday in March to continue two weeks for the trial of civil cases only; the fourth Monday before the first Monday in March to continue one week for the trial of criminal cases only; the fourth Monday after the first Monday in March to continue one week for the trial of civil cases only, without a jury; the fifth Monday after the first Monday in March to continue two weeks for the trial of civil cases only; the tenth Monday after the first Monday in March to continue three weeks for the trial of civil cases only; the eleventh Monday after the first Monday in March to continue one week for the trial of criminal cases only; the sixth Monday before the first Monday in September to continue one week for the trial of civil cases only, without a jury; the fourth Monday before the first Monday in September to continue two weeks for the trial of civil cases only; the third Monday before the first Monday in September to continue two weeks for the trial of criminal cases only; the first Monday after the first Monday in September to continue three weeks for the trial of civil cases only; the fifth Monday after the first Monday in September to continue two weeks for the trial of criminal cases only; the tenth Monday after the first Monday in September to continue one week for the trial of civil cases only, without a jury. The Chief Justice shall assign a regular, special, or emergency judge to hold the terms of court set forth in this paragraph."

Sec. 4. That portion of G. S. 7-70 which sets forth the terms of Superior Court to be held in the twenty-seventh judicial district is hereby amended by adding a new paragraph to become effective July 1, 1962 and to read as follows:

"The judge holding the courts of the twenty-seventh judicial district shall be subject to assignment by the Chief Justice to hold any regular, conflict or special terms of court in any county of the State without extra compensation for the weeks beginning the twelfth Monday after the first Monday in March, and the thirteenth Monday after the first Monday in March."

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

Sec. 6. Sections 1, 2, and 5 of this Act shall become effective July 1, 1961. Sections 3 and 4 of this Act shall become effective July 1, 1962.

In the General Assembly read three times and ratified, this the 13th day of June, 1961.