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3 N.C. B. 1 (1956)

handle is hein.barjournals/ncsbarq0003 and id is 1 raw text is: THE
North Carolina Bar

f            Published Under the Direction and Supervision of       101      .
The Council of the North Carolina State Bar
VOLUME 3                                  February, 1956                               NUMBER 1

Remarks At The 22nd Annual
Meeting Of Honorable
J. Will Pless, Jr.
Chairman, Superior Court
Judges' Conference
Member Judicial Council
Marion, North Carolina
Mr. President and members of the
North Carolina State Bar, it is indeed
an honor to be requested to appear on
this program, and I am indebted to my
friend of many years' standing, Bill Mc-
Elwee, for this opportunity.
The program says that I am to make
a report for the Judicial Council. Some-
one asked me a few minutes ago what I
was going to talk about, and I told him
About fifteen minutes. I think I can
get through with it in that length of
time.
The Judicial Council, as you know, has
been in operation now for a good many
years; and as a result of its delibera-
tions and recommendations there have
been submitted to the legislature a num-
ber of proposed bills, some of which were
passed and many of which were not.
I feel that I am almost infringing on
your time by calling your attention to
some of these things, because I am sure
all of you will have read the 1955 Acts.
They have been out for about sixty days
now, and I am sure you must have scan-
ned them. But, lest you should have mis-
sed something, I will give you some
synopsis of the bills that were passed by
the last legislature on the Council's re-
quest. I shall not take time to explain the
reasons behind them.
One of the bills passed was to provide
for arrest without warrant in misde-
meanor cases. (The provision of this bill
relating to arrest for a misdemeanor not
committed in the presence of the officer
was stricken; but the principal part of
the bill, the right to arrest for any of-
fense committed in the officer's presence,
was retained.)
The statute of limitations has been
changed so as to agree with other stat-
utes where the cause of action arises out
of the state.
Heretofore, you know, there has been
no limit to the amount that can be treat-
ed as a preferred claim for funeral ex-
penses. The legislature of 1955 limited
that amount to six hundred dollars.
A bill was passed providing for sum-
mons to issue in the place of warrant in
misdemeanor cases.
G. S. 50-16 (alimony without divorce
statute) was amended so as to provide
for actions thereunder to be proper as
cross-action in a suit for divorce and for
(Continued on Page Two)

OFFICERS AND MEMBERS OF
THE COUNCIL
(By Districtsi)
JonN H. HALL ----------Elizabeth City
President
ROBERT W. PROCTOR ------------Marion
First Vice-President
HORACE E. STACY ----------- Lumberton
Second Vice-President
EDWARD L. CANNON ----------- Raleigh
Secretary-Treasurer
1. J.KENYON WILSON,JR., Elizabeth City
2. BRYAN GRIMES--------- Washington
3. ALBION DUNN -----------Greenville
4. RIVERS D. JOHNSON, Sn.. ..Warsaw
5. JAMES B. SWAILS-----Wilmington
6. J. WILLIAM COPELAND-Murfreesboro
7. OLIVER G. RAND ----------- Wilson
8. JouN G. DAWSON ---------- Kinston
9. BENNETT H. PERRY----Henderson
10. ARMISTEAD J. MAUPIN-     Raleigh
11. GROVER MARTIN----------Smithfield
12. ROBERT H. DYE--------FayetteVille
13. EDWARD CLARK -----Elizabethtown
14. R. P. READ --------------- Durham
15. BONNER D. SAWYER---- Hillsboro
16. JAMES W. MASON----Laurinburg
17. P. W. GLIDEWELL, SR----Reidsville
18. CIIARLES T. HAGAN, JR-.Greensboro
19. E. T. BOST, JR-------------Concord
20. WALTER E. BROCK- ----Wadesboro
21. G. H. HASTINGS----Winston-Salem
22. DON A. WALSER---------Lexington
23. W. G. MITCIELL-.North Wilkesboro
24. WADE E. BROWN ------------ Boone
25. THOMAS P. PRUITT ---------Hickory
26. FRANCIS H. FAIRLEY.----Charlotte
27. MARVIN T. LEATIIERMAN-Lincolnton
28. JoHN C. CIIEESBOROUGII --- Asheville
29. PAUL J. STORY ------------- Marion
30. FRANK D. FERGUSON, JR-Waynesville
BOARD OF LAW EXAMINERS
L. R. VARSER, Chairman.. ..Lumberton
GEORGE B. GREENE------------- Kinston
KINGSLAND VAN WINKLE---Asheville
L. T. HARTSELL, JR. ----------- Concord
BUXTON MIDYETTE-------------Jackson
THOMAS H. LEATH --------- Rockingham
AncH K. Scuoc ---------High Point
EDWARD L. CANNON, Secretary- Raleigh
Executive Committee
RIVERS D. JOHNSON, SR., CHM., Warsaw
JOHN C. CHEESBOROUGII- ----Asheville
BRYAN   GRIMES ------------ Washington
JAMES B. SWAILS ---------- Wilmington
P. W. GLIDEWELL, SR -------- Reidsville
W. G. MITCHELL-     North Wilkesboro
Ethics Committee
ALBION DUNN, CIIM.--------Greenville
ROBERT W. PROCTOR ------------ Marion
DON A. WALSER-------------Lxington
PAUL J. STORY ---------------- Marion
FRANCIS H. FAIRLEY ----------Charlotte
(Continued on Page Eleven)

New Rules Of The Board
Of Law Examiners Adopted
And Certified
The following amendments to the Rules
and Regulations of the Board of Law
Examiners and of The North Carolina
State Bar have been duly adopted by
the Board of Law Examiners and rec-
ommended to the Council of the North
Carolina State Bar and the Council of
The North Carolina State Bar at a reg-
ular quarterly meeting did unanimously
adopt the said Rules and the recommen-
dation of the Board of Law Examiners
regarding said Rules as follows:
(1) Amend the Rules governing ad-
mission to the practice of law in the
State of North Carolina appearing 221
N. C. Reports, 608 through and includ-
ing 615, and 239 N. C. Reports 718 (3)
beginning with (3) through the re-
mainder of said page 718 and down
through and including the word Court,
the last word under (e) , page 719,
by rewriting the same to read as fol.
lows:
RULES OF BOARD OF LAW
EXAMINERS, STATE OF
NORTH CAROLINA
1. Compliance Necessary. No person
shall be admitted to the practice of law
in North Carolina unless he has com-
plied with these rules and the laws of
the State.
2. Definitions. The terms board and
secretary as herein used refer, re-
spectively, to the Board of Law Exami-
ners of North Carolina and the Secre-
tary of the same. Masculine pronouns
shall be deemed to include the female.
3. Applications. Every person desir-
ing to be admitted to the practice of law
in North Carolina shall file an a pplica-
tion with the secretary not later than 90
days prior to the next bar examination.
This application shall contain such in-
formation as is called for by the forms
approved by the Board, and shall be ac-
companied by the fee required by Rule
17 (b), and by such evidence of good
moral character, affidavits of general
education, and other credentials as appli-
cant relies upon to show compliance with
these rules and such further informa-
tion and evidence as the Board may
require. All applications, proofs, and
affidavits shall be made in such man-
ner and upon blanks furnished by the
Secretary. As soon as possible after filing
of applications, the Secretary shall make
public the list of applicants.
Affidavits of legal education as re-
quired by the Board shall be filed 30
(Continued on Page Four)

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