NORTH CAROLINA GENERAL ASSEMBLY

1973 SESSION

 

 

CHAPTER 1141

SENATE BILL 687

 

 

AN ACT TO DELETE OBSOLETE NOMENCLATURE AND MAKE TECHNICAL CHANGES IN VARIOUS SECTIONS OF CHAPTER 15 OF THE GENERAL STATUTES.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 15-6 is amended by deleting from line two "by any judge, court, justice of the peace, or other peace officer".

Sec. 2.  G.S. 15-7 is amended by deleting the last word in the section, "county", and inserting in lieu thereof the word "state".

Sec. 3.  G.S. 15-11 is amended by deleting from each of lines one and three ",police department and constable" and inserting in lieu thereof "and police department"; by deleting from line six ",police departments and constables" and inserting in lieu thereof "and police departments"; by deleting from line 11 ",police department or constable" and inserting in lieu thereof "and police department"; and by deleting from lines 11 and 12 ",police department and constable" and inserting in lieu thereof "and police department".

Sec. 4.  G.S. 15-12 is amended by deleting ",police department or constable" from each of lines two and three, five and six, 16 and 17, and 19 and inserting in lieu thereof "or police department".

Sec. 5.  G.S. 15-13 is amended by deleting ",police department or constable" from line three and by deleting from line five ",police department, or constable" and inserting in lieu thereof in each instance "or police department".

Sec. 6.  G.S. 15-14 is amended by deleting ",police department, or constable" from lines two and three and inserting in lieu thereof "or police department".

Sec. 7.  G.S. 15-15 is amended by deleting "nonstable" from line two.

Sec. 8.  G.S. 15-16 is amended by deleting ", constable" from lines one and two.

Sec. 9.  G.S. 15-48 is rewritten to read as follows:

"In all cases where any justice or judge of the General Court of Justice shall, on written affidavit, filed and retained by such justice or judge, receive information that a felony has been committed by any person, and that such person flees from justice, conceals himself and evades arrest and service of the usual process of law, the justice or judge is hereby empowered and required to issue proclamation against him reciting his name, if known, and thereby requiring him forthwith to surrender himself; and also empowering and requiring the sheriff of any county in the State in which such fugitive shall be to take such power with him as he shall think fit and necessary for the going in search and pursuit of, and effectually apprehending, such fugitive from justice, which proclamation shall be published at the door of the courthouse of any county in which such fugitive is supposed to lurk or conceal himself, and at such other places as the justice or judge shall direct; and if any person against whom proclamation has been thus issued, continues to stay out, lurks and conceals himself, and does not immediately surrender himself, any citizen of the State may capture, arrest, and bring him to justice, and in case of flight or resistance by him, after being called on and warned to surrender, may slay him without accusation of any crime."

Sec. 10.  G.S. 15-49 is amended by deleting "or any judge of a criminal court, or any justice of the peace, or mayor of any city, or chief magistrate of any incorporated town," from lines two through four.

Sec. 11.  G.S. 15-107.1 is amended by deleting from each of lines two, three, four and five the words "justice of the peace" and inserting in lieu thereof in each instance "magistrate".

Sec. 12.  G.S. 15-113 is amended by deleting from lines seven and 15 "term" and inserting in lieu thereof in both instances "session" and by deleting from line 10 "said term" and inserting in lieu thereof "that session".

Sec. 13.  G.S. 15-115 is amended by deleting the period (.) at the end of the first sentence and adding "with some person of suitable age and discretion then residing therein."

Sec. 14.  G.S. 15-166 is amended by changing the semicolon (;) in line five to a period (.) and deleting the remainder of the section.

Sec. 15.  G.S. 15-167 is amended by deleting "term" from each of lines two, four, 11 and 14 and inserting in lieu thereof in each instance "session".

Sec. 16.  G.S. 15-173 is amended by deleting from line two "court or in any criminal court" and inserting in lieu thereof "or district court".

Sec. 17.  G.S. 15-177, 15-177.1, and 15-178 are repealed.

Sec. 18.  G.S. 15-186 is amended by deleting from line six "term" and inserting in lieu thereof "criminal session".

Sec. 19.  G.S. 15-200 is amended by deleting from line 21 "term" and inserting in lieu thereof "session".

Sec. 20.  G.S. 15-200.1 is amended by deleting from lines two and three "courts and in courts inferior to the superior courts", and inserting in lieu thereof "and district court"; by deleting from the second sentence all after the word "and" in line eight and inserting in lieu thereof "confinement is possible."; and by deleting from line 24 "term", and inserting in lieu thereof "session".

Sec. 21.  G.S. 15-221 is amended by deleting from line 13 "at term,".

Sec. 22.  This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 4th day of April, 1974.