FrankGoortani/open-us-law huggingface dataset:
N.C. Gen. Stat. § 14-110 — NC Code / Chapter 14 / Section 14-110
§ 14-110. Defrauding innkeeper or campground owner
Status: in_force

No person shall, with intent to defraud, obtain food, lodging, or other accommodations at a hotel, inn, boardinghouse, eating house, or campground. Whoever violates this section shall be guilty of a Class 2 misdemeanor. Obtaining such lodging, food, or other accommodation by false pretense, or by false or fictitious show of pretense of baggage or other property, or absconding without paying or offering to pay therefor, or surreptitiously removing or attempting to remove such baggage, shall be prima facie evidence of such fraudulent intent, but this section shall not apply where there has been an agreement in writing for delay in such payment.
N.C. Gen. Stat. § 25-2-322 — NC Code / Chapter 25 / Section 25-2-322
§ 25-2-322. Delivery “ex-ship”
Status: in_force

(1) Unless otherwise agreed a term for delivery of goods “ex-ship” (which means from the carrying vessel) or in equivalent language is not restricted to a particular ship and requires delivery from a ship which has reached a place at the named port of destination where goods of the kind are usually discharged.

(2) Under such a term unless otherwise agreed

(a) the seller must discharge all liens arising out of the carriage and furnish the buyer with a direction which puts the carrier under a duty to deliver the goods; and

(b) the risk of loss does not pass to the buyer until the goods leave the ship's tackle or are otherwise properly unloaded.
N.C. Gen. Stat. § 15A-738 — NC Code / Chapter 15A / Section 15A-738
§ 15A-738. Forfeiture of bail
Status: in_force

If the prisoner is admitted to bail and fails to appear and surrender himself according to the conditions of his bond, the judge, or magistrate by proper order, shall declare the bond forfeited and order his immediate arrest without warrant if he be within this State. Recovery may be had on such bond in the name of the State as in the case of other bonds given by the accused in criminal proceedings within this State.
N.C. Gen. Stat. § 105-241-14 — NC Code / Chapter 105 / Section 105-241-14
§ 105-241.14. Final determination after Departmental review
Status: in_force

(a) Refund.--If a taxpayer files a timely request for a Departmental review of a proposed denial of a refund and the Department and the taxpayer are unable to resolve the taxpayer's objection to the proposed denial, the Department must send the taxpayer a notice of final determination concerning the refund. The notice of final determination must state the basis for the determination and inform the taxpayer of the procedure for contesting the determination. The statement of the basis for the determination does not limit the Department from changing the basis.

(b) Assessment.--If a taxpayer files a timely request for a Departmental review of a proposed assessment and the Department and the taxpayer are unable to resolve the taxpayer's objection to the proposed assessment, the Department must send the taxpayer a notice of final determination concerning the proposed assessment. A notice of final determination concerning the proposed assessment must contain the following information:

(1) The basis for the determination. This information may be stated on the notice or be set out in a separate document. The statement of the basis for the determination does not limit the Department from changing the basis.

(2) The amount of tax, interest, and penalties payable by the taxpayer.

(3) The procedure the taxpayer must follow to contest the final determination.

(4) A statement that the amount payable stated on the notice is collectible by the Department unless the taxpayer contests the final determination.

(5) An explanation of the collection options available to the Department if the taxpayer does not pay the amount shown due on the notice and any remedies available to the taxpayer concerning these collection options.

(c) Time Limit.--The process set out in G.S. 105-241.13 for reviewing and attempting to resolve a proposed denial of a refund or a proposed assessment must conclude, and a final determination must be issued within nine months after the date the taxpayer files a request for review. The Department and the taxpayer may extend this time limit by mutual agreement. Failure to issue a notice of final determination within the required time does not affect the validity of a proposed denial of a refund or proposed assessment.
N.C. Gen. Stat. § 74-88 — NC Code / Chapter 74 / Section 74-88
§ 74-88. Confidentiality of logs, surveys, and reports
Status: in_force

If a person engaged in uranium exploration shows to the satisfaction of the Department that logs, surveys plats, and reports filed under this Article are of a proprietary nature relating to his competitive rights, that information shall be confidential and not subject to inspection and examination (as authorized by G.S. 132-6 ) for four years after receipt of the information by the Department. Further, upon written request of any such person, and a showing of a continued proprietary interest affecting competitive rights, the Department shall hold the material confidential for additional two-year periods. Nothing in this section shall be construed to deny the North Carolina Geological Survey access to all logs, plats, and reports filed under this Chapter. The North Carolina Geological Survey shall be bound to hold this information confidential to the same extent that the Department is bound.
N.C. Gen. Stat. § 1-186 — NC Code / Chapter 1 / Section 1-186
§ 1-186. Exceptions to decision of court
Status: in_force

(a) For the purposes of an appeal, either party may except to a decision on a matter of law arising upon a trial by the court within 10 days after the judgment, in the same manner and with the same effect as upon a trial by jury. Where the decision does not authorize a final judgment, but directs further proceedings before a referee or otherwise, either party may except thereto, and make a case or exception as above provided in case of an appeal.

(b) Either party desiring a review, upon the evidence appearing on the trial of the questions of law, may at any time within 10 days after the judgment, or within such time as is prescribed by the rules of the court, make a case or exceptions in like manner as upon a trial by jury, except that the judge in settling the case must briefly specify the facts found by him, and his conclusions of law.
N.C. Gen. Stat. § 106-418-2 — NC Code / Chapter 106 / Section 106-418-2
§ 106-418.2. Legislative intent and purpose
Status: in_force

The purpose of the Article is to regulate the sale of livestock by auction at public livestock markets and to assure prompt payment for livestock sold.
N.C. Gen. Stat. § 25-7-104 — NC Code / Chapter 25 / Section 25-7-104
§ 25-7-104. Negotiable and nonnegotiable document of title
Status: in_force

(a) Except as otherwise provided in subsection (c) of this section, a document of title is negotiable if by its terms the goods are to be delivered to bearer or to the order of a named person.

(b) A document of title other than one described in subsection (a) of this section is nonnegotiable. A bill of lading that states that the goods are consigned to a named person is not made negotiable by a provision that the goods are to be delivered only against an order in a record signed by the same or another named person.

(c) A document of title is nonnegotiable if, at the time it is issued, the document has a conspicuous legend, however expressed, that it is nonnegotiable.
N.C. Gen. Stat. § 90-270-59 — NC Code / Chapter 90 / Section 90-270-59
§ 90-270.59. Disposition of funds
Status: in_force

All monies received by the Board shall be used to implement this Article.
N.C. Gen. Stat. § 15A-1031 — NC Code / Chapter 15A / Section 15A-1031
§ 15A-1031. Custody and restraint of defendant and witnesses
Status: in_force

A trial judge may order a defendant or witness subjected to physical restraint in the courtroom when the judge finds the restraint to be reasonably necessary to maintain order, prevent the defendant's escape, or provide for the safety of persons. If the judge orders a defendant or witness restrained, he must:

(1) Enter in the record out of the presence of the jury and in the presence of the person to be restrained and his counsel, if any, the reasons for his action; and

(2) Give the restrained person an opportunity to object; and

(3) Unless the defendant or his attorney objects, instruct the jurors that the restraint is not to be considered in weighing evidence or determining the issue of guilt.

If the restrained person controverts the stated reasons for restraint, the judge must conduct a hearing and make findings of fact.
N.C. Gen. Stat. § 160A-21 — NC Code / Chapter 160A / Section 160A-21
§ 160A-21. Existing boundaries
Status: in_force

The boundaries of each city shall be those specified in its charter with any alterations that are made from time to time in the manner provided by law or by local act of the General Assembly.
N.C. Gen. Stat. § 58-37-10 — NC Code / Chapter 58 / Section 58-37-10
§ 58-37-10. Obligations after termination of membership
Status: in_force

Any company whose membership in the Facility has been terminated by withdrawal shall, nevertheless, with respect to its business prior to midnight of the effective date of such termination continue to be governed by this Article.
N.C. Gen. Stat. § 161-4-1 — NC Code / Chapter 161 / Section 161-4-1
§ 161-4.1. Salary in counties where fees formerly allowed
Status: in_force

In any county where during the fiscal year beginning July 1, 1980, and ending June 30, 1981, the register of deeds received fees in addition to salary, and retained them personally as allowed by local act, the salary of the register of deeds in such county in any future fiscal year shall not be less than the sum of the salary plus fees received in the fiscal year beginning July 1, 1980 and ending June 30, 1981.
N.C. Gen. Stat. § 148-5-5 — NC Code / Chapter 148 / Section 148-5-5
§ 148-5.5. Training and authority of security guards
Status: in_force

Any security guard and patrol professional that is licensed pursuant to Chapter 74C of the General Statutes and is employed to provide security services related to entry and exit, direction and movement of individuals at entry and exit, security working towers, or perimeter security patrols at a State prison facility, shall receive training on State prison policies, including policies on the use of force, prior to providing any security services at a State prison. Security guard and patrol professionals trained pursuant to this section shall have the authority to detain and use necessary force pursuant to State prison policies to prevent contraband entry or inmate escape.
N.C. Gen. Stat. § 114-5 — NC Code / Chapter 114 / Section 114-5
§ 114-5. Additional clerical help
Status: in_force

The Attorney General shall be allowed such additional clerical help as shall be necessary; the amount of such help and the salary therefor shall be fixed by the Department of Administration and the Attorney General.
N.C. Gen. Stat. § 59-1003 — NC Code / Chapter 59 / Section 59-1003
§ 59-1003. Pleading
Status: in_force

In a derivative action, the complaint shall set forth with particularity the effort of the plaintiff to secure initiation of the action by a general partner or the reasons for not making the effort.
N.C. Gen. Stat. § 145-22 — NC Code / Chapter 145 / Section 145-22
§ 145-22. State carnivorous plant
Status: in_force

The Venus flytrap (Dionaea muscipula) is adopted as the official carnivorous plant of the State of North Carolina.
N.C. Gen. Stat. § 20-307 — NC Code / Chapter 20 / Section 20-307
§ 20-307. Article applicable to existing and future franchises and contracts
Status: in_force

The provisions of this Article shall be applicable to all franchises and contracts existing between dealers and manufacturers, factory branches, and distributors at the time of its ratification, and to all such future franchises and contracts.
N.C. Gen. Stat. § 25-9-304 — NC Code / Chapter 25 / Section 25-9-304
§ 25-9-304. Law governing perfection and priority of security interests in deposit accounts
Status: in_force

(a) Law of bank's jurisdiction governs. -- The local law of a bank's jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in a deposit account maintained with that bank.

(b) Bank's jurisdiction. -- The following rules determine a bank's jurisdiction for purposes of this Part:

(1) If an agreement between the bank and the debtor governing the deposit account expressly provides that a particular jurisdiction is the bank's jurisdiction for purposes of this Part, this Article, or this Chapter, that jurisdiction is the bank's jurisdiction.

(2) If subdivision (1) of this subsection does not apply and an agreement between the bank and its customer governing the deposit account expressly provides that the agreement is governed by the law of a particular jurisdiction, that jurisdiction is the bank's jurisdiction.

(3) If neither subdivision (1) nor subdivision (2) of this subsection applies and an agreement between the bank and its customer governing the deposit account expressly provides that the deposit account is maintained at an office in a particular jurisdiction, that jurisdiction is the bank's jurisdiction.

(4) If none of subdivisions (1), (2), and (3) of this subsection applies, the bank's jurisdiction is the jurisdiction in which the office identified in an account statement as the office serving the customer's account is located.

(5) If none of subdivisions (1), (2), (3), and (4) of this subsection applies, the bank's jurisdiction is the jurisdiction in which the chief executive office of the bank is located.
N.C. Gen. Stat. § 105-131-5 — NC Code / Chapter 105 / Section 105-131-5
§ 105-131.5. Part-year resident shareholder
Status: in_force

If a shareholder of an S Corporation is both a resident and nonresident of this State during any taxable period, the shareholder's pro rata share of the S Corporation's income attributable to the State and income not attributable to the State for the taxable period shall be further prorated between the shareholder's periods of residence and nonresidence, in accordance with the number of days in each period, as provided in G.S. 105-153.4 .
N.C. Gen. Stat. § 136-44-36A — NC Code / Chapter 136 / Section 136-44-36A
§ 136-44.36A. Railway corridor preservation
Status: in_force

The North Carolina Department of Transportation is authorized, pursuant to 16 U.S.C.A. § 1247(d) , to preserve rail transportation corridors and permit compatible interim uses of such corridors.
N.C. Gen. Stat. § 25-7-509 — NC Code / Chapter 25 / Section 25-7-509
§ 25-7-509. Adequate compliance with commercial contract
Status: in_force

Whether a document of title is adequate to fulfill the obligations of a contract for sale, a contract for lease, or the conditions of a letter of credit is determined by Article 2, 2A, or 5 of this Chapter.
N.C. Gen. Stat. § 116-209-10 — NC Code / Chapter 116 / Section 116-209-10
§ 116-209.10. Bonds eligible for investment
Status: in_force

Bonds issued by the Authority under the provisions of this Article are hereby made securities in which all public officers and public bodies of the State and its political subdivisions, all insurance companies, trust companies, banking associations, investment companies, executors, administrators, trustees and other fiduciaries may properly and legally invest funds, including capital in their control or belonging to them. Such bonds are hereby made securities which may properly and legally be deposited with and received by any State or municipal officer or any agency or political subdivision of the State for any purpose for which the deposit of bonds or obligations of the State is now or may hereafter be authorized by law.
N.C. Gen. Stat. § 160A-321 — NC Code / Chapter 160A / Section 160A-321
§ 160A-321. Sale, lease, or discontinuance of city-owned enterprise
Status: in_force

(a) A city is authorized to sell or lease as lessor any public enterprise that it may own upon any terms and conditions that the council may deem best. However, except as to transfers to another governmental entity pursuant to G.S. 160A-274 or as provided in subsection (b) of this section, a city-owned public enterprise shall not be sold, leased to another, or discontinued unless the proposal to sell, lease, or discontinue is first submitted to a vote of the people and approved by a majority of those who vote thereon. Voter approval shall not be required for the sale, lease, or discontinuance of airports, off-street parking systems and facilities, or solid waste collection and disposal systems.

(b) For the sale, lease, or discontinuance of water treatment systems, water distribution systems, or wastewater collection and treatment systems, a city may, but is not required to, submit to its voters the question of whether such sale, lease, or discontinuance shall be undertaken. The referendum is to be conducted pursuant to the general and local laws applicable to special elections in such city.
N.C. Gen. Stat. § 106-513 — NC Code / Chapter 106 / Section 106-513
§ 106-513. Notice of sale to owner
Status: in_force

Written notice of such sale shall be served on the owner of such goods, wares, merchandise, or fixtures or other property 10 days before such sale, if he or it be a resident of the State, but if a nonresident of the State, or his or its residence be unknown, the publication of such notice for 10 days at the courthouse door and three other public places in the county shall be sufficient service of the same.
N.C. Gen. Stat. § 55-8-54 — NC Code / Chapter 55 / Section 55-8-54
§ 55-8-54. Court-ordered indemnification
Status: in_force

Unless a corporation's articles of incorporation provide otherwise, a director of the corporation who is a party to a proceeding may apply for indemnification to the court conducting the proceeding or to another court of competent jurisdiction. On receipt of an application, the court after giving any notice the court considers necessary may order indemnification if it determines:

(1) The director is entitled to mandatory indemnification under G.S. 55-8-52 , in which case the court shall also order the corporation to pay the director's reasonable expenses incurred to obtain court-ordered indemnification; or

(2) The director is fairly and reasonably entitled to indemnification in view of all the relevant circumstances, whether or not he met the standard of conduct set forth in G.S. 55-8-51 or was adjudged liable as described in G.S. 55-8-51(d) , but if he was adjudged so liable his indemnification is limited to reasonable expenses incurred.
N.C. Gen. Stat. § 90-210-89 — NC Code / Chapter 90 / Section 90-210-89
§ 90-210.89. Penalty for wrongfully inducing person to change membership
Status: in_force

Any burial association official, agent or representative thereof or any person who shall use fraud or make any promise not part of the printed bylaws, or who shall offer any rebate, gratuity or refund to cause a member of one association to change membership to another association, shall be guilty of a Class 1 misdemeanor.
N.C. Gen. Stat. § 54C-176 — NC Code / Chapter 54C / Section 54C-176
§ 54C-176. Power to borrow money
Status: in_force

A savings bank, in its certificate of incorporation or in its bylaws, may authorize the board of directors to borrow money, and the board of directors may, by resolution adopted by a vote of at least two-thirds of the entire board duly recorded in the minutes, authorize the officers of the savings bank to borrow money for the savings bank on any terms and conditions as the board may deem proper.
N.C. Gen. Stat. § 15A-1334 — NC Code / Chapter 15A / Section 15A-1334
§ 15A-1334. The sentencing hearing
Status: in_force

(a) Time of Hearing.--Unless the defendant waives the hearing, the court must hold a hearing on the sentence. Either the defendant or the State may, upon a showing which the judge determines to be good cause, obtain a continuance of the sentencing hearing.

(b) Proceeding at Hearing.--The defendant at the hearing may make a statement in his own behalf. The defendant and prosecutor may present witnesses and arguments on facts relevant to the sentencing decision and may cross-examine the other party's witnesses. No person other than the defendant, his counsel, the prosecutor, and one making a presentence report may comment to the court on sentencing unless called as a witness by the defendant, the prosecutor, or the court. Formal rules of evidence do not apply at the hearing.

(c) Sentence Hearing in Other District.--The judge who orders a presentence report may, in his discretion, direct that the sentencing hearing be held before him in another county or another district court district as defined in G.S. 7A-133 or superior court district or set of districts as defined in G.S. 7A-41.1 , as the case may be, during or after the session in which the defendant was convicted. If sentence is imposed in a county other than the one where the defendant was convicted, the clerk of the county where sentence is imposed must forward the records of the sentencing proceeding to the clerk of the county of conviction.

(d) Sentencing in Capital Cases.--Sentencing in capital cases is governed by Article 100 of this Chapter.

(e) Procedure Applicable when Certain Prior Convictions May Be Used.--The procedure in G.S. 15A-980 governs if the State seeks to use a prior conviction in a sentencing hearing.
N.C. Gen. Stat. § 1-339-45 — NC Code / Chapter 1 / Section 1-339-45
§ 1-339.45. Presence of personal property at sale required
Status: in_force

A sheriff holding a sale of personal property shall have the property present at the place of sale.
N.C. Gen. Stat. § 15A-136 — NC Code / Chapter 15A / Section 15A-136
§ 15A-136. Venue for sexual offenses
Status: in_force

If a person is transported by any means, with the intent to violate any of the provisions of Article 7B of Chapter 14 (§ 14-27.20 et seq.) of the General Statutes and the intent is followed by actual violation thereof, the defendant may be tried in the county where transportation was offered, solicited, begun, continued or ended.
N.C. Gen. Stat. § 25-2-604 — NC Code / Chapter 25 / Section 25-2-604
§ 25-2-604. Buyer's options as to salvage of rightfully rejected goods
Status: in_force

Subject to the provisions of the immediately preceding section [ G.S. 25-2-603 ] on perishables if the seller gives no instructions within a reasonable time after notification of rejection the buyer may store the rejected goods for the seller's account or reship them to him or resell them for the seller's account with reimbursement as provided in the preceding section. Such action is not acceptance or conversion.
N.C. Gen. Stat. § 120-70-82 — NC Code / Chapter 120 / Section 120-70-82
§ 120-70.82. Organization of Committee
Status: in_force

(a) The President Pro Tempore of the Senate and the Speaker of the House of Representatives shall each designate a cochair of the Joint Legislative Education Oversight Committee. The Committee shall meet at least once a quarter and may meet at other times upon the joint call of the cochairs.

(b) A quorum of the Committee is 10 members. No action may be taken except by a majority vote at a meeting at which a quorum is present. While in the discharge of its official duties, the Committee has the powers of a joint committee under G.S. 120-19 and G.S. 120-19.1 through G.S. 120-19.4 .

(c) Members of the Committee receive subsistence and travel expenses as provided in G.S. 120-3.1 . The Committee may contract for consultants or hire employees in accordance with G.S. 120-32.02 . The Legislative Services Commission, through the Legislative Services Officer, shall assign professional staff to assist the Committee in its work. Upon the direction of the Legislative Services Commission, the Supervisors of Clerks of the Senate and of the House of Representatives shall assign clerical staff to the Committee. The expenses for clerical employees shall be borne by the Committee.