reglab/statecodes huggingface dataset:
2023 New York Laws › WKC - Workers' Compensation › Article 10 - Workmen's Compensation Act for Civil Defense Volunteers › 322 - Rehabilitation.

§  322.  Rehabilitation.  Fees for rehabilitation services to disabled
  civil defense volunteers shall be paid out of the  special  fund  in  an
  amount  approved  by  the  chairman,  and  shall  be  the reasonable and
  necessary cost of such services, including services of  a  physician  or
  rehabilitation  facility  specially  qualified  to render rehabilitation
  services. Expenses of rehabilitation may include travel, board and room,
  when necessary.
2023 New York Laws › WKC - Workers' Compensation › Article 10 - Workmen's Compensation Act for Civil Defense Volunteers › 323 - Limitation of Liability.

§  323.  Limitation  of  liability. The special fund for civil defense
  volunteers created by this article  shall  be  the  sole  and  exclusive
  source  for  payment  of compensation provided by this article for civil
  defense volunteers.
2023 New York Laws › WKC - Workers' Compensation › Article 10 - Workmen's Compensation Act for Civil Defense Volunteers › 324 - Distribution of Unexpended Assets of the Special Fund.

§  324. Distribution of unexpended assets of the special fund.  Within
  five years after the period of emergency as defined in the state defense
  emergency act shall have  expired,  the  chairman  shall  determine  the
  amount  of  outstanding  liabilities  of  the  special  fund  and  shall
  establish reasonable reserves to pay to claimants cash benefits, medical
  care and funeral expenses, and to meet the cost of administering  unpaid
  claims  and  the expenses of liquidating the fund in a sum allocated for
  that purpose by the director of the budget, and the same shall become  a
  charge  against the fund. Any balance in the fund after establishment of
  such reserves shall be forthwith paid to the comptroller for the general
  fund.
2023 New York Laws › WKC - Workers' Compensation › Article 10 - Workmen's Compensation Act for Civil Defense Volunteers › 325 - Administration Expenses.

§  325.  Administration  expenses. The entire expense of administering
  this article shall be paid out of the special fund and charged thereto.
At least thirty days prior to the first days of April and  October  in
  each  year,  the chairman shall submit to the director of the budget for
  his approval an estimated budget of expenditures for the succeeding  six
  months.  In the event of attack within the state for which civil defense
  volunteers are mobilized or outside the state if, in accordance  with  a
  mutual  aid  agreement  approved  by  the  New  York state civil defense
  commission, civil defense volunteers of any local office  respond  to  a
  request  for  assistance,  the  chairman shall prepare and submit to the
  director  of  the  budget  for  his  approval  an  estimated  budget  of
  expenditures for funds to be allocated to the board during the period of
  emergency. There may not be expended for purposes of such administration
  more  than  the  amounts  specified  in  such  budget  for  each item of
  expenditure, except as authorized by the director  of  the  budget.  The
  funds  so  allocated by the director of the budget shall be available to
  the workmen's compensation board for services  and  expenses,  including
  travel  outside  the  state, to carry out the provisions of this article
  and shall be paid  from  the  treasury  on  audit  and  warrant  of  the
  comptroller  on  vouchers  approved  by  the  chairman, vice chairman or
  secretary of the board. If there be officers or employees of  the  board
  whose  duties  relate partly to the general work of the board and partly
  to such administration, and in case there  is  other  expense  which  is
  incurred  jointly on behalf of the general work of the board and to such
  administration, an equitable apportionment of the expense shall be  made
  and  the  part thereof which is applicable to administration as provided
  in this article shall be chargeable thereto.
2023 New York Laws › WKC - Workers' Compensation › Article 10 - Workmen's Compensation Act for Civil Defense Volunteers › 326 - Penalties.

§  326.  Penalties.  1. If for the purpose of obtaining any benefit or
  payment under the provisions of this  article  or  for  the  purpose  of
  influencing  any determination regarding any benefit payment, either for
  himself or another, any person shall wilfully make a false statement  or
  representation  or  fail to disclose a material fact, he shall be guilty
  of a misdemeanor.
2. In addition to other penalties provided in this chapter, any person
  who for the purpose of obtaining  any  benefit  or  payment  under  this
  article,  or  for the purpose of influencing any determination regarding
  any benefit payment, knowingly makes a false statement with regard to  a
  material  fact,  shall  not be entitled to receive any benefits, cash or
  medical, for the disability claimed.
2023 New York Laws › WKC - Workers' Compensation › Article 10 - Workmen's Compensation Act for Civil Defense Volunteers › 327 - Application of Other Provisions of Chapter.

§  327. Application of other provisions of chapter. All the powers and
  duties conferred or imposed upon the chairman and board by this  chapter
  that  are  necessary  for  the  administration  of  this article and not
  inconsistent therewith are, to that extent, hereby  made  applicable  to
  this  article.  The several rights, privileges and obligations set forth
  in other articles of this chapter, and not inconsistent with the rights,
  privileges and obligations provided herein, are deemed  incorporated  in
  this article and are made a part hereof.
2023 New York Laws › WKC - Workers' Compensation › Article 10 - Workmen's Compensation Act for Civil Defense Volunteers › 328 - Separability of Provisions.

§  328.  Separability  of provisions. If any provisions of this act or
  the application thereof to any person or circumstances is held  invalid,
  the remainder of this act and the application of such provision to other
  persons or circumstances shall not be affected thereby.
2023 New York Laws › WKC - Workers' Compensation › Article 10-A - Preferred Provider Organizations › 351 - Preferred Provider Organizations; Contracts.

§   351.   Preferred  provider  organizations;  contracts.  The  state
  insurance fund, any stock corporation, mutual corporation or  reciprocal
  insurer  authorized  to  transact  the business of workers' compensation
  insurance in this state or self-insurer may contract  with  a  preferred
  provider  organization  to deliver all medical services mandated by this
  chapter, provided such contract takes effect on or after January  first,
  nineteen  hundred  ninety-seven  and  the insurer or the employer has no
  financial interest in the preferred provider organization.  Where  there
  is  a  duty  to  collectively  bargain,  an  employer shall collectively
  bargain the use and implementation of a preferred provider  organization
  with the authorized collective bargaining agent of its employees.
2023 New York Laws › WKC - Workers' Compensation › Article 10-A - Preferred Provider Organizations › 352 - Preferred Provider Organizations; Defined.

§  352.  Preferred  provider  organizations;  defined. As used in this
  article, the term "preferred provider organization"  or  "P.P.O."  shall
  mean  a  plan  licensed pursuant to section three hundred fifty-three of
  this article owned, operated or administered by an entity that  provides
  for the delivery of all services required by this chapter to all persons
  covered by such plan.
2023 New York Laws › WKC - Workers' Compensation › Article 10-A - Preferred Provider Organizations › 353 - Preferred Provider Organizations; Licensing.

§ 353. Preferred provider organizations; licensing.  To be licensed as
  a  preferred  provider  organization any entity, except any organization
  which provides limited health care services, shall make  an  application
  to  the commissioner of health and shall submit therewith an application
  fee of five hundred dollars. Such application shall  be  accompanied  by
  the information prescribed in regulation. Such information shall include
  but not be limited to the following:
1. the standards by which the providers participating in the preferred
  provider organization shall be selected;
2. the names and credentials of all individuals and organizations that
  will provide service under the preferred provider organization, together
  with   appropriate   evidence   of  compliance  with  all  licensing  or
  certification requirements for  such  individuals  or  organizations  to
  practice in this state;
3.  a  description of any final disposition of professional misconduct
  charges against any of  the  individuals  or  organizations  which  will
  provide  medical  or  other  health  care  services  under the preferred
  provider organization program;
4. the names and professional qualifications of providers licensed  by
  the board in each medical specialty;
5.  the names and certifications of hospitals from which employees may
  choose in the event that hospitalization is necessary;
6. a description of the times, places and manner of providing services
  under the preferred providers organization;
7. a  detailed  description  of  procedures  to  be  followed  by  the
  preferred   providers   organization   for  ongoing  quality  assurance,
  utilization review and dispute resolution.
Each preferred provider organization formed pursuant to  this  article
  shall  comply  with the provisions of sections forty-four hundred eight,
  forty-four hundred eight-a, forty-four hundred six-c, forty-four hundred
  six-d, subdivisions five and six of section forty-four hundred three and
  article forty-nine of the  public  health  law.    The  commissioner  of
  health,  in  consultation  with  the  chair of the workers' compensation
  board may waive or modify the application of these  provisions  to  such
  organizations where appropriate.
2023 New York Laws › WKC - Workers' Compensation › Article 10-A - Preferred Provider Organizations › 354 - Preferred Provider Organizations; Medical Treatment.

§  354.  Preferred  provider organizations; medical treatment. 1. Each
  preferred provider organization shall provide at least two providers  in
  every  medical specialty from which the employee may choose and at least
  two hospitals from which the employee  may  choose  in  the  event  that
  hospitalization  is necessary. The commissioner of health may waive such
  numerical requirements upon a finding  that  the  geographical  area  in
  which  the  preferred  provider  organization is located cannot meet the
  requirements.
2. An employee may seek medical treatment from outside  the  preferred
  provider  organization  thirty  days  after  his or her first visit to a
  preferred  provider  organization  provider.  In  the  event  that  such
  employee   seeks   medical  treatment  outside  the  preferred  provider
  organization the employer may require a second opinion from  a  provider
  within the preferred provider organization.
3.  An employee may seek a second opinion with respect to such medical
  treatment  from  another  provider   within   the   preferred   provider
  organization at any time.
2023 New York Laws › WKC - Workers' Compensation › Article 10-A - Preferred Provider Organizations › 355 - Preferred Provider Organizations; Medical Fee Schedules.

§  355.  Preferred provider organizations; medical fee schedules.  The
  medical fee schedules authorized pursuant to section  thirteen  of  this
  chapter  shall not apply to any medical services provided by a preferred
  provider organization pursuant to the provisions of this article.
2023 New York Laws › WKC - Workers' Compensation › Article 11 - Laws Repealed; When to Take Effect › 400 - Laws Repealed.

§  400. Laws repealed. Article fourteen-a and sections two hundred and
  fifteen to two  hundred  and  nineteen-g,  both  inclusive,  of  chapter
  thirty-six of the laws of nineteen hundred and nine, as added by chapter
  six  hundred  and  seventy-four of the laws of nineteen hundred and ten,
  are hereby repealed.
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 1 - Definitions. › § 1-1 - Remedies.

§ 1-1. Remedies.
Remedies in the courts of justice are divided into –
(1) Actions.
(2) Special proceedings. (C.C.P., s. 1; Code, s. 125; Rev., s. 346; C.S., s. 391.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 1 - Definitions. › § 1-2 - Actions.

§ 1-2. Actions.
An action is an ordinary proceeding in a court of justice, by which a party prosecutes another party for the enforcement or protection of a right, the redress or prevention of a wrong, or the punishment or prevention of a public offense. (C.C.P., s. 2; 1868-9, c. 277, s. 2; Code, s. 126; Rev., s. 347; C.S., s. 392.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 1 - Definitions. › § 1-4 - Kinds of actions.

§ 1-4. Kinds of actions.
Actions are of two kinds –
(1) Civil.
(2) Criminal. (C.C.P., s. 4; Code, s. 128; Rev., s. 349; C.S., s. 394.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 1 - Definitions. › § 1-5 - Criminal action.

§ 1-5. Criminal action.
A criminal action is –
(1) An action prosecuted by the State as a party, against a person charged with a public offense, for the punishment thereof.
(2) An action prosecuted by the State, at the instance of an individual, to prevent an apprehended crime against his person or property. (Const., art. 4, s. 1; C.C.P., s. 5; Code, s. 129; Rev., s. 350; C.S., s. 395.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 1 - Definitions. › § 1-7 - When court means clerk.

§ 1-7. When court means clerk.
In the following sections which confer jurisdiction or power, or impose duties, where the words "superior court," or "court," in reference to a superior court are used, they mean the clerk of the superior court, unless otherwise specially stated, or unless reference is made to a regular session of the court, in which cases the judge of the court alone is meant. (C.C.P., s. 9; Code, s. 132; Rev., s. 352; C.S., s. 397; 1971, c. 381, s. 12.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 2 - General Provisions. › § 1-8 - Remedies not merged.

§ 1-8. Remedies not merged.
Where the violation of a right admits both of a civil and a criminal remedy, the right to prosecute the one is not merged in the other. (C.C.P., s. 7; Code, s. 131; Rev., s. 353; C.S., s. 398.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 2 - General Provisions. › § 1-10 - Plaintiff and defendant.

§ 1-10. Plaintiff and defendant.
In civil actions the party complaining is the plaintiff, and the adverse party the defendant. (C.C.P., s. 13; Code, s. 134; Rev., s. 355; C.S., s. 400.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 2 - General Provisions. › § 1-11 - How party may appear.

§ 1-11. How party may appear.
A party may appear either in person or by attorney in actions or proceedings in which he is interested. (C.C.P., s. 423; Code, s. 109; Rev., s. 356; C.S., s. 401.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 2 - General Provisions. › § 1-13 - Jurisdiction of clerk.

§ 1-13. Jurisdiction of clerk.
The clerk of the superior court has jurisdiction to hear and decide all questions of practice and procedure and all other matters over which jurisdiction is given to the superior court, unless the judge of the court or the court at a regular session is expressly referred to. (C.C.P., s. 108; Code, s. 251; Rev., s. 358; C.S., s. 403; 1971, c. 381, s. 12.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 3 - Limitations, General Provisions. › § 1-15 - Statute runs from accrual of action.

§ 1-15. Statute runs from accrual of action.
(a) Civil actions can only be commenced within the periods prescribed in this Chapter, after the cause of action has accrued, except where in special cases a different limitation is prescribed by statute.
(b) Repealed by Session Laws 1979, c. 654, s. 3.
(c) Except where otherwise provided by statute, a cause of action for malpractice arising out of the performance of or failure to perform professional services shall be deemed to accrue at the time of the occurrence of the last act of the defendant giving rise to the cause of action: Provided that whenever there is bodily injury to the person, economic or monetary loss, or a defect in or damage to property which originates under circumstances making the injury, loss, defect or damage not readily apparent to the claimant at the time of its origin, and the injury, loss, defect or damage is discovered or should reasonably be discovered by the claimant two or more years after the occurrence of the last act of the defendant giving rise to the cause of action, suit must be commenced within one year from the date discovery is made: Provided nothing herein shall be construed to reduce the statute of limitation in any such case below three years. Provided further, that in no event shall an action be commenced more than four years from the last act of the defendant giving rise to the cause of action: Provided further, that where damages are sought by reason of a foreign object, which has no therapeutic or diagnostic purpose or effect, having been left in the body, a person seeking damages for malpractice may commence an action therefor within one year after discovery thereof as hereinabove provided, but in no event may the action be commenced more than 10 years from the last act of the defendant giving rise to the cause of action. (C.C.P., s. 17; Code, s. 138; Rev., s. 360; C.S., s. 405; 1967, c. 954, s. 3; 1971, c. 1157, s. 1; 1975, 2nd Sess., c. 977, ss. 1, 2; 1979, c. 654, s. 3.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 3 - Limitations, General Provisions. › § 1-15.1 - Statutes of limitation and repose for civil actions seeking to recover damages arising out of a criminal act.

§ 1-15.1. Statutes of limitation and repose for civil actions seeking to recover damages arising out of a criminal act.
(a) Notwithstanding any other provision of law, if a defendant is convicted of a criminal offense and is ordered by the court to pay restitution or restitution is imposed as a condition of probation, special probation, work release, or parole, then all applicable statutes of limitation and statutes of repose, except as established herein, are tolled for the period set forth in this subsection for purposes of any civil action brought by an aggrieved party against that defendant for damages arising out of the offense for which the defendant was convicted. Any statute of limitation or repose applicable in the civil action shall be tolled from the time of entry of the court order
(1) Requiring that restitution be made,
(2) Making restitution a condition of probation or special probation, or
(3) Recommending that restitution be made a condition of work release or parole,
and until the defendant has paid in full the amount of restitution ordered or imposed. Except as provided in G.S. 15B-34, an action to recover damages arising out of the criminal offense shall not be commenced more than 10 years from the last act of the defendant giving rise to the cause of action.
(b) In any civil action brought by an aggrieved party against the defendant for damages arising out of the offense for which the defendant was convicted:
(1) The defendant has the right to contest the amount of damages;
(2) The amount of any restitution ordered or imposed shall not be admissible into evidence; and
(3) All restitution paid by the defendant to the aggrieved party shall be credited against any judgment rendered in the action against that defendant.
(c) This section shall not apply if the offense of which the defendant was convicted was an offense established in Chapter 20 of the General Statutes.
(d) A plea of no contest shall be considered the same as a conviction for purposes of this section. (1989, c. 535, s. 1; 2004-159, s. 3.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 3 - Limitations, General Provisions. › § 1-18 - Disability of marriage.

§ 1-18. Disability of marriage.
In any action in which the defense of adverse possession is relied upon, the time computed as constituting such adverse possession shall not include any possession had against a feme covert during coverture prior to February 13, 1899. (1899, c. 78, ss. 2, 3; Rev., s. 363; C.S., s. 408.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 3 - Limitations, General Provisions. › § 1-19 - Cumulative disabilities.

§ 1-19. Cumulative disabilities.
When two or more disabilities coexist at the time the right of action accrues, or when one disability supervenes an existing one, the limitation does not attach until they all are removed. (C.C.P., ss. 28, 49; Code, ss. 149, 170; Rev., s. 364; C.S., s. 409.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 3 - Limitations, General Provisions. › § 1-20 - Disability must exist when right of action accrues.

§ 1-20. Disability must exist when right of action accrues.
No person may avail himself of a disability except as authorized in G.S. 1-19, unless it existed when his right of action accrued. (C.C.P., s. 48; Code, s. 169; Rev., s. 365; C.S., s. 410.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 3 - Limitations, General Provisions. › § 1-21 - Defendant out of State; when action begun or judgment enforced.

§ 1-21. Defendant out of State; when action begun or judgment enforced.
If when the cause of action accrues or judgment is rendered or docketed against a person, he is out of the State, action may be commenced, or judgment enforced within the times herein limited after the return of the person into this State, and if, after such cause of action accrues or judgment is rendered or docketed, such person departs from and resides out of this State, or remains continuously absent therefrom for one year or more, the time of his absence shall not be a part of the time limited for the commencement of the action or the enforcement of the judgment. Provided, that where a cause of action arose outside of this State and is barred by the laws of the jurisdiction in which it arose, no action may be maintained in the courts of this State for the enforcement thereof, except where the cause of action originally accrued in favor of a resident of this State.
The provisions of this section shall not apply to the extent that a court of this State has or continues to have jurisdiction over the person under the provisions of G.S. 1-75.4. (C.C.P., s. 41; 1881, c. 258, ss. 1, 2; Code, s. 162; Rev., s. 366; C.S., s. 411; 1955, c. 544; 1979, c. 525, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 3 - Limitations, General Provisions. › § 1-22 - Death before limitation expires; action by or against personal representative or collector.

§ 1-22. Death before limitation expires; action by or against personal representative or collector.
If a person entitled to bring an action dies before the expiration of the time limited for the commencement thereof, and the cause of action survives, an action may be commenced by his personal representative or collector after the expiration of that time, and within one year from his death. If a person against whom an action may be brought dies before the expiration of the time limited for the commencement thereof, and the cause of action survives, an action may be commenced against his personal representative or collector after the expiration of that time; provided, the action is brought or notice of the claim upon which the action is based is presented to the personal representative or collector within the time specified for the presentation of claims in G.S. 28A-19-3. If the claim upon which the cause of action is based is filed with the personal representative or collector within the time above specified, and its validity is admitted in writing by him, it is not necessary to bring an action upon such claim to prevent the bar, but no action shall be brought against the personal representative or collector upon such claim after his final settlement. (C.C.P., s. 43; 1881, c. 80; Code, s. 164; Rev., s. 367; C.S., s. 412; 1977, c. 446, s. 2.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 3 - Limitations, General Provisions. › § 1-23 - Time of stay by injunction or prohibition.

§ 1-23. Time of stay by injunction or prohibition.
When the commencement of an action is stayed by injunction or statutory prohibition, the time of the continuance of the injunction or prohibition is not part of the time limited for the commencement of the action. (C.C.P., s. 46; Code, s. 167; Rev., s. 368; C.S., s. 413.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 3 - Limitations, General Provisions. › § 1-24 - Time during controversy on probate of will or granting letters.

§ 1-24. Time during controversy on probate of will or granting letters.
In reckoning time when pleaded as a bar to actions, that period shall not be counted which elapses during any controversy on the probate of a will or granting letters of administration, unless there is an administrator appointed during the pendency of the action, and it is provided that an action may be brought against him. (C.C.P., s. 47; Code, s. 168; Rev., s. 369; C.S., s. 414.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 3 - Limitations, General Provisions. › § 1-26 - New promise must be in writing.

§ 1-26. New promise must be in writing.
No acknowledgment or promise is evidence of a new or continuing contract, from which the statutes of limitations run, unless it is contained in some writing signed by the party to be charged thereby; but this section does not alter the effect of any payment of principal or interest. (C.C.P., s. 51; Code, s. 172; Rev., s. 371; C.S., s. 416.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 3 - Limitations, General Provisions. › § 1-27 - Act, admission or acknowledgment by party to obligation, co-obligor or guarantor.

§ 1-27. Act, admission or acknowledgment by party to obligation, co-obligor or guarantor.
(a) After a cause of action has accrued on any obligation on which there is more than one obligor, any act, admission, or acknowledgment by any party to such obligation or guarantor thereof, which removes the bar of the statute of limitations or causes the statute to begin running anew, has such effect only as to the party doing such act or making such admission or acknowledgment, and shall not renew, extend or in any manner impose liability of any kind against other parties to such obligation who have not authorized or ratified the same.
(b) Nothing in this section shall be construed as applying to or affecting rights or obligations of partnerships or individual members thereof, due to acts, admissions or acknowledgments of any one partner but rights as between partners shall be governed by G.S. 59-39.1. (C.C.P., s. 50; Code, s. 171; Rev., s. 372; C.S., s. 417; 1953, c. 1076, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 3 - Limitations, General Provisions. › § 1-28 - Undisclosed partner.

§ 1-28. Undisclosed partner.
The statutes of limitations apply to a civil action brought against an undisclosed partner only from the time the partnership became known to the plaintiff. (1893, c. 151; Rev., s. 373; C.S., s. 418.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 3 - Limitations, General Provisions. › § 1-29 - Cotenants.

§ 1-29. Cotenants.
If in actions by tenants in common or joint tenants of personal property, to recover the same, or damages for its detention or injury, any of them are barred of their recovery by limitation of time, the rights of the others are not affected thereby, but they may recover according to their right and interest, notwithstanding such bar. (C.C.P., s. 52; Code, s. 173; Rev., s. 374; C.S., s. 419; 1921, c. 106.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 3 - Limitations, General Provisions. › § 1-30 - Applicable to actions by State.

§ 1-30. Applicable to actions by State.
The limitations prescribed by law apply to civil actions brought in the name of the State, or for its benefit, in the same manner as to actions by or for the benefit of private parties. (C.C.P., s. 38; Code, s. 159; Rev., s. 375; C.S., s. 420.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 3 - Limitations, General Provisions. › § 1-31 - Action upon a mutual, open and current account.

§ 1-31. Action upon a mutual, open and current account.
In an action brought to recover a balance due upon a mutual, open and current account, where there have been reciprocal demands between the parties, the cause of action accrues from the time of the latest item proved in the account on either side. (C.C.P., s. 39; Code, s. 160; Rev., s. 376; C.S., s. 421; 1951, c. 837, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 3 - Limitations, General Provisions. › § 1-32 - Not applicable to bank bills.

§ 1-32. Not applicable to bank bills.
The limitations prescribed by law do not affect actions to enforce the payment of bills, notes or other evidences of debt, issued or put in circulation as money by banking corporations incorporated under the laws of this State. (C.C.P., s. 53; 1874-5, c. 170; Code, s. 174; Rev., s. 377; C.S., s. 422.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 3 - Limitations, General Provisions. › § 1-33 - Actions against bank directors or stockholders.

§ 1-33. Actions against bank directors or stockholders.
The limitations prescribed by law do not affect actions against directors or stockholders of any banking association incorporated under the laws of this State, to recover a penalty or forfeiture imposed, or to enforce a liability created by law; but such actions must be brought within three years after the discovery by the aggrieved party of the facts upon which the penalty or forfeiture attached, or the liability was created. (C.C.P., s. 54; Code, s. 175; Rev., s. 378; C.S., s. 423.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 3 - Limitations, General Provisions. › § 1-34 - Aliens in time of war.

§ 1-34. Aliens in time of war.
When a person is an alien subject, or a citizen of a country at war with the United States, the time of the continuance of the war is not a part of the period limited for the commencement of the action. (C.C.P., s. 44; Code, s. 165; Rev., s. 379; C.S., s. 424.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 4 - Limitations, Real Property. › § 1-35 - Title against State.

§ 1-35. Title against State.
The State will not sue any person for, or in respect of, any real property, or the issue or profits thereof, by reason of the right or title of the State to the same –
(1) When the person in possession thereof, or those under whom he claims, has been in the adverse possession thereof for thirty years, this possession having been ascertained and identified under known and visible lines or boundaries; which shall give a title in fee to the possessor.
(2) When the person in possession thereof, or those under whom he claims, has been in possession under color of title for twenty-one years, this possession having been ascertained and identified under known and visible lines or boundaries. (R.C., c. 65, s. 2; C.C.P., s. 18; Code, s. 139; Rev., s. 380; C.S., s. 425.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 4 - Limitations, Real Property. › § 1-36 - Title presumed out of State.

§ 1-36. Title presumed out of State.
In all actions involving the title to real property title is conclusively deemed to be out of the State unless it is a party to the action, but this section does not apply to the trials of protested entries laid for the purpose of obtaining grants, nor to actions instituted prior to May 1, 1917. (1917, c. 195; C.S., s. 426.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 4 - Limitations, Real Property. › § 1-37 - Such possession valid against claimants under State.

§ 1-37. Such possession valid against claimants under State.
All such possession as is described in G.S. 1-35, under such title as is therein described, is hereby ratified and confirmed, and declared to be good and legal bar against the entry or suit of any person, under the right or claim of the State. (C.C.P., s. 19; Code, s. 140; Rev., s. 381; C.S., s. 427.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 4 - Limitations, Real Property. › § 1-39 - Seizin within twenty years necessary.

§ 1-39. Seizin within twenty years necessary.
No action for the recovery or possession of real property shall be maintained, unless it appears that the plaintiff, or those under whom he claims, was seized or possessed of the premises in question within 20 years before the commencement of the action, unless he was under the disabilities prescribed by law. (C.C.P., s. 22; Code, s. 143; Rev., s. 383; C.S., s. 429.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 4 - Limitations, Real Property. › § 1-40 - Twenty years adverse possession.

§ 1-40. Twenty years adverse possession.
No action for the recovery or possession of real property, or the issues and profits thereof, shall be maintained when the person in possession thereof, or defendant in the action, or those under whom he claims, has possessed the property under known and visible lines and boundaries adversely to all other persons for 20 years; and such possession so held gives a title in fee to the possessor, in such property, against all persons not under disability. (C.C.P., s. 23; Code, s. 144; Rev., s. 384; C.S., s. 430.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 4 - Limitations, Real Property. › § 1-41 - Action after entry.

§ 1-41. Action after entry.
No entry upon real estate shall be deemed sufficient or valid, as a claim, unless an action is commenced thereupon within one year after the making of the entry, and within the time prescribed in this Chapter. (C.C.P., s. 24; Code, s. 145; Rev., s. 385; C.S., s. 431.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 4 - Limitations, Real Property. › § 1-42 - Possession follows legal title; severance of surface and subsurface rights.

§ 1-42. Possession follows legal title; severance of surface and subsurface rights.
In every action for the recovery or possession of real property, or damages for a trespass on such possession, the person establishing a legal title to the premises is presumed to have been possessed thereof within the time required by law; and the occupation of such premises by any other person is deemed to have been under, and in subordination to, the legal title, unless it appears that the premises have been held and possessed adversely to the legal title for the time prescribed by law before the commencement of the action. Provided that a record chain of title to the premises for a period of thirty years next preceding the commencement of the action, together with the identification of the lands described therein, shall be prima facie evidence of possession thereof within the time required by law.
In all controversies and litigation wherein it shall be made to appear from the public records that there has been at some previous time a separation or severance between the surface and the subsurface rights, title or properties of an area, no holder or claimant of the subsurface title or rights therein shall be entitled to evidence or prove any use of the surface, by himself or by his predecessors in title or of lessees or agents, as adverse possession against the holder of said surface rights or title; and likewise no holder or claimant of the surface rights shall be entitled to evidence or prove any use of the subsurface rights, by himself, or by his predecessors in title or of lessees or agents, as adverse possession against the holder of said subsurface rights, unless, in either case, at the time of beginning such allegedly adverse use and in each year of the same, said party or his predecessor in title so using shall have placed or caused to be placed upon the records of the register of deeds of the county wherein such property lies and in a book therein kept or provided for such purposes, a brief notice of intended use giving (i) the date of beginning or recommencing of the operation or use, (ii) a brief description of the property involved but sufficiently adequate to make said property readily locatable therefrom, (iii) the name and, if known, the address of the claimant of the right under which the operation or use is to be carried on or made and (iv) the deed or other instrument, if any, under which the right to conduct such operation or to make such use is claimed or to which it is to be attached. (C.C.P., s. 25; Code, s. 146; Rev., s. 386; C.S., s. 432; 1945, c. 869; 1959, c. 469; 1965, c. 1094.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 4 - Limitations, Real Property. › § 1-43 - Tenant's possession is landlord's.

§ 1-43. Tenant's possession is landlord's.
When the relation of landlord and tenant has existed, the possession of the tenant is deemed the possession of the landlord, until the expiration of twenty years from the termination of the tenancy; or where there has been no written lease, until the expiration of twenty years from the time of the last payment of rent, notwithstanding that the tenant may have acquired another title, or may have claimed to hold adversely to his landlord. But such presumptions shall not be made after the periods herein limited. (C.C.P., s. 26; Code, s. 147; Rev., s. 387; C.S., s. 433.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 4 - Limitations, Real Property. › § 1-44 - No title by possession of right-of-way.

§ 1-44. No title by possession of right-of-way.
No railroad, plank road, turnpike or canal company may be barred of, or presumed to have conveyed, any real estate, right-of-way, easement, leasehold, or other interest in the soil which has been condemned, or otherwise obtained for its use, as a right-of-way, depot, station house or place of landing, by any statute of limitation or by occupation of the same by any person whatever. (R.C., c. 65, s. 23; C.C.P., s. 29; Code, s. 150; Rev., s. 388; C.S., s. 434.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 4 - Limitations, Real Property. › § 1-44.1 - Presumption of abandonment of railroad right-of-way.

§ 1-44.1. Presumption of abandonment of railroad right-of-way.
Any railroad which has removed its tracks from a right-of-way and has not replaced them in whole or in part within a period of seven (7) years after such removal and which has not made any railroad use of any part of such right-of-way after such removal of tracks for a period of seven (7) years after such removal, shall be presumed to have abandoned the railroad right-of-way. (1955, c. 657.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 4 - Limitations, Real Property. › § 1-44.2 - Presumptive ownership of abandoned railroad easements.

§ 1-44.2. Presumptive ownership of abandoned railroad easements.
(a) Whenever a railroad abandons a railroad easement, all right, title and interest in the strip, piece or parcel of land constituting the abandoned easement shall be presumed to be vested in those persons, firms or corporations owning lots or parcels of land adjacent to the abandoned easement, with the presumptive ownership of each adjacent landowner extending to the centerline of the abandoned easement. In cases where the railroad easement adjoins a public road right-of-way, the adjacent property owner's right, title and interest in the abandoned railroad easement shall extend to the nearest edge of the public road right-of-way.
The side boundaries of each parcel so presumptively vested in the adjacent property owner shall be determined by extending the side property lines of the adjacent parcels to the centerline of the abandoned easement, or as the case may be, the nearest edge of the public road right-of-way. In the event the side property lines of two adjacent property owners intersect before they meet the centerline or nearest edge of the public road right-of-way, as the case may be, such side property lines shall join and run together from the point of intersection to the centerline of the easement or nearest edge of the public road right-of-way, as the case may be, perpendicular to said centerline or edge.
(b) The presumption established by this section is rebuttable by showing that a party has good and valid title to the land.
(c) Repealed by Session Laws 1987 (Reg. Sess., 1988), c. 1071, s. 6. (1987, c. 433, s. 1; 1987 (Reg. Sess., 1988), c. 1071, s. 6; 2004-203, s. 14.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 4 - Limitations, Real Property. › § 1-45 - No title by possession of public ways.

§ 1-45. No title by possession of public ways.
No person or corporation shall ever acquire any exclusive right to any part of a public road, street, lane, alley, square or public way of any kind by reason of any occupancy thereof or by encroaching upon or obstructing the same in any way, and in all actions, whether civil or criminal, against any person or corporation on account of an encroachment upon or obstruction or occupancy of any public way it shall not be competent for a court to hold that such action is barred by any statute of limitations. (1891, c. 224; Rev., s. 389; C.S., s. 435.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 4 - Limitations, Real Property. › § 1-45.1 - No adverse possession of property subject to public trust rights.

§ 1-45.1. No adverse possession of property subject to public trust rights.
Title to real property held by the State and subject to public trust rights may not be acquired by adverse possession. As used in this section, "public trust rights" means those rights held in trust by the State for the use and benefit of the people of the State in common. They are established by common law as interpreted by the courts of this State. They include, but are not limited to, the right to navigate, swim, hunt, fish, and enjoy all recreational activities in the watercourses of the State and the right to freely use and enjoy the State's ocean and estuarine beaches and public access to the beaches. (1985, c. 277, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 5 - Limitations, Other Than Real Property. › § 1-46 - Periods prescribed.

§ 1-46. Periods prescribed.
The periods prescribed for the commencement of actions, other than for the recovery of real property, are as set forth in this Article. (C.C.P., s. 30; Code, s. 151; Rev., s. 390; C.S., s. 436.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 5 - Limitations, Other Than Real Property. › § 1-46.1 - Twelve years.

§ 1-46.1. Twelve years.
Within 12 years an action –
(1) No action for the recovery of damages for personal injury, death, or damage to property based upon or arising out of any alleged defect or any failure in relation to a product shall be brought more than 12 years after the date of initial purchase for use or consumption.
(2) Reserved for future codification purposes. (2009-420, s. 2.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 5 - Limitations, Other Than Real Property. › § 1-47 - Ten years.

§ 1-47. Ten years.
Within ten years an action -
(1) Upon a judgment or decree of any court of the United States, or of any state or territory thereof, from the date of its entry. No such action may be brought more than once, or have the effect to continue the lien of the original judgment.
(1a) Upon a judgment rendered by a justice of the peace, from its date.
(2) Upon a sealed instrument or an instrument of conveyance of an interest in real property, against the principal thereto. Provided, however, that if action on an instrument is filed, the defendant or defendants in such action may file a counterclaim arising out of the same transaction or transactions as are the subject of plaintiff's claim, although a shorter statute of limitations would otherwise apply to defendant's counterclaim. Such counterclaim may be filed against such parties as provided in G.S. 1A-1, Rules of Civil Procedure.
(3) For the foreclosure of a mortgage, or deed in trust for creditors with a power of sale, of real property, where the mortgagor or grantor has been in possession of the property, within ten years after the forfeiture of the mortgage, or after the power of sale became absolute, or within ten years after the last payment on the same.
(4) For the redemption of a mortgage, where the mortgagee has been in possession, or for a residuary interest under a deed in trust for creditors, where the trustee or those holding under him has been in possession, within ten years after the right of action accrued.
(5) Repealed by Session Laws 1959, c. 879, s. 2.
(6) Repealed by Session Laws 2019-164, s. 1, effective July 26, 2019, and applicable to actions arising on or after that date. (C.C.P., ss. 14, 31; Code, s. 152; Rev., s. 391; C.S., s. 437; 1937, c. 368; 1959, c. 879, s. 2; 1961, c. 115, s. 2; 1969, c. 810, s. 1; 1991, c. 268, s. 2; 1995 (Reg. Sess., 1996), c. 742, s. 1(a); 1997-456, s. 27; 1999-221, s. 3; 2004-203, s. 15(a); 2019-164, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 5 - Limitations, Other Than Real Property. › § 1-48 - Transferred to § 1-54, subdivision (6), by Session Laws 1951, c837, s2.

§ 1-48. Transferred to § 1-54, subdivision (6), by Session Laws 1951, c. 837, s. 2.
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 5 - Limitations, Other Than Real Property. › § 1-49 - Seven years.

§ 1-49. Seven years.
Within seven years an action –
(1) Repealed by Session Laws 1961, c. 115, s. 1.
(2) By a creditor of a deceased person against his personal or real representative, within seven years next after the qualification of the executor or administrator and his making the advertisement required by law for creditors of the deceased to present their claims, where no personal service of such notice in writing is made upon the creditor. A creditor thus barred of a recovery against the representative of any principal debtor is also barred of a recovery against any surety to the debt.
(3) Against the owner of an interest in real property by a unit of local government for a violation of a land-use statute, ordinance, or permit or any other official action concerning land use carrying the effect of law. This subdivision does not limit the remedy of injunction for conditions that are actually injurious or dangerous to the public health or safety but does prescribe an outside limitation of seven years from the earlier of the occurrence of any of the following:
a. The violation is apparent from a public right-of-way.
b. The violation is in plain view from a place to which the public is invited. (C.C.P., s. 32; Code, s. 153; Rev., s. 392; C.S., s. 438; 1961, c. 115, s. 1; 2017-10, s. 2.15(b).)