NORTH CAROLINA GENERAL ASSEMBLY
1959 SESSION
CHAPTER 848
HOUSE BILL 1107
AN ACT TO AMEND CERTAIN SECTIONS OF ARTICLES 30 AND 31, CHAPTER 7, OF THE GENERAL STATUTES OF NORTH CAROLINA, RELATING TO THE ESTABLISHMENT OF GENERAL COUNTY COURTS AS SAID SECTIONS RELATE TO BEAUFORT COUNTY.
The General Assembly of North Carolina do enact:
Section 1. G. S. 7-265 and G. S. 7-266 shall not apply to the establishment of a general county court in Beaufort County.
Sec. 2. G. S. 7-280 is amended by adding at the end thereof the following:
"A general county court for Beaufort County may be established by elections on the question of such establishment as set forth in this Article. The Board of County Commissioners of said county may pass a resolution if, in its opinion, such court should be established, reciting such fact and calling an election to be held only on the date of the biennial election for county officers at which election there shall be submitted to the qualified voters of the county the question of establishing such court. Any election called under authority of this Act shall be conducted and the results canvassed as is provided by G. S. 7-282, 7-283 and 7-284."
Sec. 3. In the event an election is called and held as provided in this Act and a general county court is established for Beaufort County, then, and in such event, the following statutes are amended insofar as they relate to the general county court of Beaufort County:
(1) G. S. 7-278 is amended by adding at the end thereof the following: "This Section shall not apply to the general county court in and for Beaufort County."
(2) G. S. 7-279 is amended as follows:
(a) Subsection 2 is amended by changing the semicolon at the end thereof to a comma and adding the following: "Provided, however, that the jurisdiction of the general county court in and for Beaufort County shall be concurrent with that of the Superior Court in all actions founded on contract in which the amount involved, exclusive of interest and costs, does not exceed five thousand dollars ($5,000.00)."
(b) Subsection 3 is amended by changing the semicolon at the end thereof to a comma and adding the following: "Provided, however, that the jurisdiction of the general county court in and for Beaufort County shall be concurrent with that of the Superior Court in all actions not founded on contract in which the amount involved, exclusive of interest and costs, does not exceed five thousand dollars ($5,000.00)."
(c) Subsection 4 is amended by changing the semicolon at the end thereof to a comma and adding the following: "Provided this subsection shall not apply to the general county court in and for Beaufort County."
(d) Subsection 5 is amended by changing the semicolon at the end thereof to a comma and adding the following: "Provided, however, that the general county court in and for Beaufort County shall have no jurisdiction to issue permanent restraining orders and injunctions but shall have jurisdiction concurrent with the Superior Court to issue restraining orders to be returnable before the Resident Judge of the Superior Court of the District including Beaufort County or the judge presiding over the Superior Courts of said District."
(e) Subsection 7 is amended by changing the semicolon at the end thereof to a comma and adding the following: "Provided that this subsection shall not apply to the general county court in and for Beaufort County."
(f) Subsection 8 is amended by changing the semicolon at the end thereof to a comma and adding the following: "Provided that this subsection shall not apply to the general county court in and for Beaufort County."
(3) G. S. 7-268 is amended as follows: By changing the period at the end of said Section to a comma and adding the following: "Provided that this Section shall not apply to the general county court in and for Beaufort County."
(4) Section 7-271 of the General Statutes of North Carolina is hereby amended by adding at the end thereof a provision to read as follows: "Provided that the judge of the general county court in and for Beaufort County shall ex officio be and act as the judge of the existing Recorder's Court in Beaufort County for the district embracing Washington Township, Long Acre Township, Chocowinity Township, and a part of Bath Township, and except as herein provided nothing in this Act shall affect the present Recorders' Courts in Beaufort County."
Sec. 4. All laws and clauses of laws in conflict with this Act are hereby repealed.
Sec. 5. 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 9th day of June, 1959.