NORTH CAROLINA GENERAL ASSEMBLY

1975 SESSION

CHAPTER 318

HOUSE BILL 65

AN ACT TO REENACT ARTICLE 12 OF CHAPTER 44 TO APPLY TO COTTON AND GRAINS AND LIMIT THE TIME FOR ENFORCEMENT OF LIENS AFTER SALE THEREOF.

The General Assembly of North Carolina enacts:

Section 1.  Article 12 of Chapter 44 as the same presently appears in the 1966 Replacement Volume 2A of the General Statutes is repealed in its entirety, and there is hereby enacted a new Article 12 to read as follows:

"ARTICLE 12.

"Liens on Leaf Tobacco, Peanuts, Cotton and Grains.

"§ 44-69.  Effective period for lien on leaf tobacco sold in auction warehouse. — No chattel mortgage, agricultural lien, or other lien of any nature upon leaf tobacco shall be effective for any purpose for a longer period than six months after the sale of such tobacco at a regular sale in an auction tobacco warehouse during the regular season for auction sales of tobacco in such warehouse. This section shall not absolve any person from prosecution and punishment for crime.

"§ 44-69.1.  Effective period for liens on peanuts, cotton and grains. — No chattel mortgage, agricultural lien or other lien of any nature upon peanuts, cotton, soybeans, corn, wheat or other grains shall be effective for any purpose for a longer period than 18 months from the date of sale or the date of delivery to the purchaser, whichever date shall fall last. This section shall not absolve any person from prosecution and punishment for crime."

Sec. 2.  This act shall not apply to pending litigation.

Sec. 3.  This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 19th day of May, 1975.