NORTH CAROLINA GENERAL ASSEMBLY

1959 SESSION

 

 

CHAPTER 328

HOUSE BILL 385

 

 

AN ACT TO AMEND THE CHARTER OF THE CITY OF ROCKY MOUNT RELATIVE TO THE ISSUANCE OF WARRANTS IN THE CITY RECORDER'S COURT.

 

The General Assembly of North Carolina do enact:

 

Section 1. Section 1 of Chapter 484 of the Session Laws of 1953 is rewritten to read as follows:

"Section 1. Section 29(a) of Chapter 208 of the Private Laws of 1913 is rewritten to read as follows:

'Sec. 29(a). That all criminal actions instituted in said recorder's court shall be commenced by warrant, issued upon complaint under oath, as in courts of justices of the peace, and shall be prosecuted in the name of the State. Arrest warrants may be issued by the recorder, vice recorder, clerk or assistant and deputy clerks of the recorder's court, or desk sergeants of the Police Department of the City of Rocky Mount, who are expressly authorized to administer appropriate oaths to complainants; search warrants may also be issued by said officers for execution within the territory to which the court's criminal jurisdiction extends. And the practice and procedure in the trial of all such actions, except as herein otherwise provided, shall, as near as may be, conform to the practice and procedure in the trial of criminal causes of like dignity in the Superior Courts of this State upon indictment.' "

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 All laws and clauses of laws in conflict with this Act are hereby repealed.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 21st day of April, 1959.