The officer serves the summons and returns it to the justice with the oath of the plaintiff, and with his return indorsed: RETURN OF OFFICER. On this day I served the within summons on the defendant, C. D., by delivering him a copy thereof, and of the oath of A. B., annexed (or by leaving a copy thereof and the oath of A. B. at the usual place of residence of the defendant C. D., with an adult found there) (or the said C. D. not being found in my county, and having no usual or last place of residence therein) (or no adult person being found at his usual or last place of residence, by posting a copy of the summons and of the oath of A. B., annexed, on a conspicuous part of the premises claimed). N. M., Constable. * It appearing that the summons, with a copy of the oath of the plaintiff (his agent or attorney), was duly served on defendant, and whereas, the defendant fails to appear (or admits the allegations of the plaintiff), I adjudge that the defendant be removed from and the plaintiff put in possession of the premises described in the oath of the plaintiff. I also adjudge that the plaintiff recover of defendant.. ..dollars for rent from the......day of... 19...., and. to the......day of.... day of .19.... .dollars for damages for 19. ..., to this .19. If the defendant admit part of the allegations of plaintiff, but not all, the judgment must be varied accordingly; for example: follow the foregoing to the asterisk (*), and then proceed: And whereas the defendant appears and admits the first and second allegations of the plaintiff, and denies the residue; and whereas, both parties waived a trial by jury, I heard evidence upon the matters in issue, and find (here state the findings on the matters in issue separately). Supposing the findings are for the plaintiff, the record would pro ceed: I therefore adjudge that the defendant (and so on from the asterisk (*). If either party shall demand a jury the record will proceed from the asterisk (*), as follows: And whereas, the plaintiff (or defendant, as the case may be) demanded a trial of the issues joined by a jury, I caused a jury to be summoned, to-wit: (here give the names of the jurors summoned) from whom the following jury was duly impaneled, to-wit: (here state the names of the six jurors impaneled), who find (here state the verdict of jury; if they find all the issues for the plaintiff, say so; if any particular issues, say so; also state the sums assessed by them for rent and for occupation to trial). Therefore, I adjudge, etc. (as in form No. 5, from asterisk (*). If either party appeals, the justice will enter on his docket as follows, altering the entry according to the facts: RECORD OF APPEAL. From the foregoing judgment the plaintiff (or defendant, as the case may be) prayed an appeal to the next superior court of said county, which is allowed. ... The State of North Carolina, to any lawful officer of said county-Greeting: You are hereby commanded to remove C. D. from, and put A. B. in, the possession of a certain piece of land (here describe it as in the oath of plaintiff). You shall also make out the goods and chattels, lands and tenements, of said defendant ..dollars, with interest from the ........day of 19... to the day of payment, which the plaintiff lately recovered of the defendant as rent and damages, and the further sum of.. ....... dollars as costs, in said action. Return this writ, with a statement of your proceedings thereon, before me (state when and where according to general law respecting justices' executions). Witness my hand and seal, this ...... day of.... 19.... .county, and for Whereas on the. ...day of. a justice of the peace for.. C. D. for.. of said real estate from the A. D. 19. .dollars: acknowledge A. D. 19.... before.. A. B. recovered a judgment against ..dollars damages for the detention .day of. A. D. 19... to the.. day of..... A. D. 19. ; and whereas, the said. .ha. prayed an appeal to the superior court from said judgment, and also asks that execution on said judgment shall be suspended: Now, therefore, if the said shall pay any judgment, which, in this or in any other action, ...may recover for the rent of said premises, and for damages for detention thereof, then this obligation shall be void, otherwise to remain in full force and virtue. the said. The State of North Carolina, to any officer having an execution in favor of A. B., plaintiff, v. C. D., defendant, in a summary proceeding in ejectment, signed by.. a justice of the peace. The defendant having given bond to me, as required by law, on his appeal to the superior court of.. ...county, in the above case, you will stay further proceedings upon said execution and immediately return the same to me, with a statement of your action under it. Witness my hand and seal this......day of.. 19.... CERTIFICATE ON RETURN OF APPEAL. The annexed are the original oath, summons and other papers, and a copy of the record of the proceedings in the case of a summary proceeding in ejectment, A. B., plaintiff, v. C. D., defendant. J. P. (Here state all the costs, to whom paid or due, and by whom.) (All the papers must be attached.) Code, s. 1780. NOTE. For conveyance of rent without attornment, see s. 947. For penalty for removing crop without payment of rent, see Crimes. For penalty for unlawful seizure of crops by landlord, see Crimes. (Seal.) For penalty upon tenant for surrendering possession to one not landlord, see Crimes. For injury to property by tenant, see Crimes. For requirement of leases in writing, see s. 976. For proceedings before justices, see Courts-Justices'. For jury trial in summary ejectment, see Courts―Justices'. CHAPTER 47. LIBEL AND SLANDER. (Sections 2012-2015.) 2012. Notice to newspaper before action. Before any action, either civil or criminal, shall be brought for the publication, in a newspaper or periodical, of a libel, the plaintiff or prosecutor shall at least five days before instituting such action serve notice in writing on the defendant specifying the article and the statements therein which he alleges to be false and defamatory. 1901, c. 557. 2013. Good faith and correction, actual damages recovered; nominal fine. If it shall appear upon the trial that said article was published in good faith, that its falsity was due to an honest mistake of the facts, and that there were reasonable grounds for believing that the statements in said article were true, and that within ten days after the service of said notice a full and fair correction, apology and retraction was published in the same editions or corresponding issues of the newspaper or periodical in which said article appeared, and in as conspicuous place and type as was said original article, then the plaintiff in such case, if a civil action, shall recover only actual damages, and if, in a criminal proceeding, a verdict of "guilty" shall be rendered on such a state of facts, the defendant shall be fined a penny and the costs, and no more: Provided, that this chapter shall not apply to actions pending on the thirteenth day of March, one thousand nine hundred and one. 1901, c. 557. 2014. Anonymous communications. The two preceding sections shall not apply to anonymous communications and publications. 1901, c. 557, s. 3. 2015. Slander of women. Whereas, doubts have arisen whether actions of slander can be maintained against persons who may attempt, in a wanton and malicious manner, to destroy the reputation of innocent and unprotected women, whose very existence in society depends upon the unsullied purity of their character, therefore any words written or spoken of a woman, which may amount to a charge of incontinency, shall be actionable. Code, s. 3763; R. C., c. 106; 1808, c. 478. NOTE. For pleading in actions for libel, see ss. 501, 502. For recovery of costs, see s. 1264. 2016. On buildings and other property. Every building built, rebuilt, repaired or improved, together with the necessary lots on which such building may be situated, and every lot, farm or vessel, or any kind of property, real or personal, not herein enumerated, shall be subject to a lien for the payment of all debts contracted for work done on the same, or material furnished. This section. shall apply to the property of married women when it shall appear that such building was built or repaired on her land with her consent or procurement, and in such case she shall be deemed to have contracted for such improvements. Code, s. 1781; 1901, c. 617; 1869-70, c. 206, s. 1. 2017. Personal property repaired. Any mechanic or artisan who shall make, alter or repair any article of personal property at the request of the owner or legal possessor of such property, shall have a lien on such property so made, altered or repaired for his just and reasonable charge for his work done and material furnished, and may hold and retain possession of the same until such just and reasonable charges shall be paid; and if not paid for within the space of thirty days, provided it does not exceed fifty dollars, if over fifty dollars ninety days, after the work shall have been done, such mechanic or artisan may proceed to sell the property so made, altered or repaired at public auction, by giving two weeks' public notice of such sale by advertising in some newspaper in the county in which the work may have been done, or if there be no such newspaper, then by posting up notice of such sale in three of the most. public places in the county, town or city in which the work may have been done, and the proceeds of the said sale shall be applied first to the discharge of the said lien and the expenses and costs of keeping and selling such property, and the remainder, if any, shall be paid over to the owner thereof. Code, s. 1783; 1869-70, c. 206, s. 3. 2018. Constructing railroad; claims collected; time for action. As often as any contractor for the construction of any part of a railroad which is in progress of construction shall be indebted to any laborer for thirty or less number of days' labor performed in constructing said road, such laborer may give notice of such indebtedness to said company in the manner herein provided, and said company shall thereupon become liable to pay such laborer the amount so due him for such labor, and an action may be maintained against said company therefor. Such notice shall be given by said laborer to said company within twenty days after the performance of the number of days' labor for which the claim is made. Such notice shall be in writing, and shall state the amount and number of days' labor, and the time when the labor was performed for which the claim is made, and the name of the contractor from whom due, and shall be signed by such laborer, or his attorney, and shall be served on an engineer, agent or superintendent employed by said company |