NORTH CAROLINA GENERAL ASSEMBLY

1969 SESSION

CHAPTER 876

HOUSE BILL 888

AN ACT TO AUTHORIZE MAGISTRATES TO HEAR WORTHLESS CHECK CASES WHEN THE AMOUNT IS NOT OVER $50.00.

The General Assembly of North Carolina do enact:

Section 1.  G.S. 14-107, as it appears in the 1967 Cumulative Supplement to Volume 1B of the General Statutes, is hereby amended by rewriting the last two paragraphs thereof to read as follows:

"Any person, firm, or corporation violating any provision of this Section, shall be guilty of a misdemeanor: Provided, however, if the amount of such check is not over fifty dollars ($50.00), the punishment shall not exceed a fine of fifty dollars ($50.00) or imprisonment for thirty days. The word 'credit' as used herein shall be construed to mean an arrangement or understanding with the bank or depository for the payment of any such check or draft."

Sec. 2.  G.S. 7A-273, as it appears in the 1967 Cumulative Supplement to Volume 1B of the General Statutes, is hereby amended by adding a new subsection thereto, designated as subsection (7), and to read as follows:

"(7)      Notwithstanding the provisions of subsection (1) of this Section, to hear and enter judgment in all worthless check cases brought under G.S. 14-107, when the amount of the check is fifty dollars ($50.00) or less."

Sec. 3.  G.S. 7A-288 is amended by inserting a sentence at the beginning thereof to read as follows: "Any defendant convicted in district court before the magistrate may appeal to the district court for trial de novo before the district court judge.", and by inserting the words "District or" before the words "superior court" in the third sentence."

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  All laws and clauses of laws in conflict with this Act are hereby repealed.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 16th day of June, 1969.