NORTH CAROLINA GENERAL ASSEMBLY
1959 SESSION
CHAPTER 1201
SENATE BILL 512
AN ACT TO AMEND CHAPTER 158 OF THE PUBLIC-LOCAL LAWS OF 1911 RELATING TO THE CIVIL JURISDICTION OF THE VANCE COUNTY RECORDER'S COURT.
The General Assembly of North Carolina do enact:
Section 1. Sections 13 through 18, inclusive, of Chapter 158 of the Public-Local Laws of 1911 are hereby rewritten to read as follows:
"Sec. 13. Vance County Recorder's Court shall have the following jurisdiction in civil matters:
(1) Jurisdiction concurrent with that of justices of the peace in the county; and
(2) Jurisdiction concurrent with the Superior Court in all civil matters, except those involving domestic relations, divorce or custody of children, where the amount demanded or the value of the property in controversy does not exceed three thousand dollars ($3,000.00), excessive of interest and costs.
"Sec. 14. In the trial of civil matters in the Vance County Recorder's Court, any party shall be entitled to the right of trial by jury, unless the jury trial is waived, as hereinafter provided:
(1) In those cases in which no written pleadings are required, the parties shall be conclusively presumed to have expressly waived their right to trial by jury unless at the time of the issuance of the summons the plaintiff or petitioner demands a jury trial in writing, or the defendant at any time before the commencement of the trial demands a jury trial in writing.
(2) In those cases in which written pleadings are required to be filed, the parties shall be conclusively presumed to expressly waive their right to trial by jury unless at the time of the filing of the complaint or petition the plaintiff demands a jury trial in writing, or unless at the time of the filing of the answer or other pleadings raising a question of fact, the defendant or other pleading party demands a jury trial in writing.
(3) The jury shall be composed of six persons in all civil cases where a jury is demanded.
(4) When a trial by jury is demanded in a civil case, the judge shall continue the cause until a day to be set, and the judge together with the attorneys representing all parties shall immediately proceed to the office of the register of deeds of the county and cause to be drawn a jury panel of twelve (12), in the manner followed in the drawing of the juries for the Superior Court. The judge shall thereupon issue the proper writ to the sheriff of the county, commanding him to summon the jurors so drawn to appear at the court on the day set for the trial of the action. Such jurors shall receive the same compensation as provided for jurors serving in the Superior Court and are to be paid out of the treasury of the county on presentation of a ticket duly issued by the Clerk of the Superior Court. The judge shall also have the right to call in talesmen to serve as jurors according to the procedure of the Superior Court and to direct the sheriff to call in a sufficient number of talesmen to serve during any one week or part of a week for the proper dispatch of the business of the Court.
"Sec. 15. Process, both civil and criminal, issued out of the Vance County Recorder's Court shall run and be effective throughout the State.
"Sec. 16. Procedure followed in the Vance County Recorder's Court in the trial of civil actions shall be the same as is now, or may hereafter be, prescribed for the trial of civil actions in the Superior Court, and all judgments of the Vance County Recorder's Court in civil actions, except those for costs only, shall be docketed in the office of the Clerk of the Superior Court of Vance County, and shall thereupon become liens and execution shall issue thereon as is now provided thereon for executions issuing from the Superior Court.
"Sec. 17. Appeals shall lie in any civil action from the Vance County Recorder's Court to the Superior Court as is now provided for appeals from the courts of the justices of the peace to the Superior Court and upon such appeal, trial in the Superior Court shall be de novo.
"Sec. 18. The Recorder of the Vance County Recorder's Court shall be a qualified member of the North Carolina State Bar, elected as provided in Section 4 of Chapter 409 of the Session Laws of 1949, but shall not by virtue of his office be prevented from practicing law in matters in which he is in no way connected by reason of his office, or in any other court of the State in matters which have not been or will not be heard by him by virtue of his office. The Clerk of the Vance County Recorder's Court shall likewise not be deprived of holding any office the duties of which do not interfere with his performance of the duties of the office of Clerk of the Vance County Recorder's Court."
Sec. 2. All laws and clauses of laws in conflict with this Act are hereby repealed.
Sec. 3. 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 19th day of June, 1959.