Terms Used In North Carolina General Statutes > Chapter 10B > Article 1 - Notary Public Act

• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Animal: means all vertebrate and invertebrate species, including but not limited to man and other mammals, birds, fish, and shellfish. See North Carolina General Statutes 106-65.24
• Annual federal poverty guidelines: means the annual federal poverty guidelines issued by the United States Department of Health and Human Services in effect at the time in question. See North Carolina General Statutes 105B-1
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Applicant for a license: means any person in charge of any individual, firm, partnership, corporation, association, or any other organization or any combination thereof, making application for a license to engage in structural pest control, control of structural pests or household pests, or fumigation operations, or any person qualified under the terms of this Article. See North Carolina General Statutes 106-65.24
• Appraisal: A determination of property value.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Arrest: Taking physical custody of a person by lawful authority.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
• Attractants: means substances, under whatever name known, which may be toxic to insects and other pests but are used primarily to induce insects and other pests to eat poisoned baits or to enter traps. See North Carolina General Statutes 106-65.24
• Authority: means the State Education Assistance Authority as enabled by Article 23 of Chapter 116 of the N. See North Carolina General Statutes 105B-1
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Board: means the North Carolina Board of Agriculture. See North Carolina General Statutes 106-65.85
• Branch Office: means any office under the management of a licensee that is not a home office. See North Carolina General Statutes 106-65.24
• Certified applicator: means any individual who is certified under N. See North Carolina General Statutes 106-65.24
• Commissioner: means the Commissioner of Agriculture of the State of North Carolina or his designated agent. See North Carolina General Statutes 106-50.30
• Commissioner: means the Commissioner of Agriculture of the State of North Carolina. See North Carolina General Statutes 106-65.24
• Commissioner: means the Commissioner of Agriculture of the State of North Carolina. See North Carolina General Statutes 106-65.85
• Committee: means the Structural Pest Control Committee. See North Carolina General Statutes 106-65.24
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Cotton grower: means any person who is engaged in and has an economic risk in the business of producing or causing to be produced, for market, cotton. See North Carolina General Statutes 106-65.85
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Debtor: means any individual owing money to the Authority through default on a student loan made, guaranteed or owned by the Authority, which obligation has not been adjudicated satisfied by court order, set aside by court order, or discharged in bankruptcy. See North Carolina General Statutes 105B-1
• Decedent: A deceased person.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the North Carolina Department of Agriculture and Consumer Services. See North Carolina General Statutes 106-65.85
• Dependent: A person dependent for support upon another.
• Deviation: means failure of the licensee or certified applicator or registered technician card holder to follow any rule adopted by the Committee under provisions of this Article. See North Carolina General Statutes 106-65.24
• Device: means any instrument or contrivance (other than a firearm) which is intended for trapping, destroying, repelling, or mitigating any pest or any other form of plant or animal life (other than man and other than bacteria, virus, or other microorganism on or in living man or other living animals); but not including equipment used for the application of pesticides when sold separately therefrom. See North Carolina General Statutes 106-65.24
• Director: means the Director of the Structural Pest Control Division of the Department of Agriculture and Consumer Services. See North Carolina General Statutes 106-65.24
• Distribute: means to import, consign, offer for sale, sell, barter, exchange, or to otherwise supply soil additives to any person in this State. See North Carolina General Statutes 106-50.30
• Docket: A log containing brief entries of court proceedings.
• Donor: The person who makes a gift.
• Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) ^{Source: OCC}
• Employee: means any person employed by a licensee with the exceptions of clerical, janitorial, or office maintenance employees, or those employees performing work completely disassociated with the control of insect pests, rodents or the control of wood-destroying organisms. See North Carolina General Statutes 106-65.24
• Enforcement agency: means the Structural Pest Control and Pesticides Division of the Department of Agriculture and Consumer Services. See North Carolina General Statutes 106-65.24
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Ex officio: Literally, by virtue of one's office.
• Family: means a parent or parents and minor children or spouses that reside together. See North Carolina General Statutes 105B-1
• Family income: means family income as set out in the annual federal poverty guidelines. See North Carolina General Statutes 105B-1
• Fiduciary: A trustee, executor, or administrator.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
• Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. ^{Source: OCC}
• Fraud: Intentional deception resulting in injury to another.
• Fumigants: means any substance which by itself or in combination with any other substance emits or liberates a gas or gases, fumes or vapors and which gas or gases, fumes or vapors when liberated and when used will destroy vermin, rodents, insects, and other pests; but may be lethal, poisonous, noxious, or dangerous to human life. See North Carolina General Statutes 106-65.24
• Fungi: means wood-decaying fungi. See North Carolina General Statutes 106-65.24
• Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
• Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. ^{Source: Federal Reserve}
• Grantor: The person who establishes a trust and places property into it.
• Home office: means the office identified to the enforcement agency by a licensee as his or her principal place of business. See North Carolina General Statutes 106-65.24
• in writing: may be construed to include printing, engraving, lithographing, and any other mode of representing words and letters: Provided, that in all cases where a written signature is required by law, the same shall be in a proper handwriting, or in a proper mark. See North Carolina General Statutes 12-3
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Insect: means any of the numerous small invertebrate animals generally having the body more or less obviously segmented, for the most part belonging to the class Insecta, comprising six-legged, usually winged forms, as for example, beetles, bugs, bees, flies, and to other allied classes of arthropods whose members are wingless and usually have more than six legs, as for example, spiders, mites, ticks, centipedes, and sowbugs. See North Carolina General Statutes 106-65.24
• Insecticides: means substances, not fumigants, under whatever name known, used for the destruction or control of insects and similar pests. See North Carolina General Statutes 106-65.24
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Label: means the display of written, printed, or graphic matter upon the immediate container of, or accompanying soil additives. See North Carolina General Statutes 106-50.30
• Label: means the written, printed, or graphic matter on, or attached to, the pesticide or device or any of its containers or wrappers. See North Carolina General Statutes 106-65.24
• Labeling: means all written, printed, or graphic matter accompanying any soil additive and all advertisements, brochures, posters, television, radio or oral claims used in promoting its sale. See North Carolina General Statutes 106-50.30
• labeling: means all labels and other written, printed, or graphic matter:

  a. See North Carolina General Statutes 106-65.24

• Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Licensee: means any person qualified for and holding a license for any phase of structural pest control pursuant to this Article. See North Carolina General Statutes 106-65.24
• Lien: A claim against real or personal property in satisfaction of a debt.
• Mistake of fact: means that the debtor:

  a. See North Carolina General Statutes 105B-1

• month: shall be construed to mean a calendar month, unless otherwise expressed; and the word "year" a calendar year, unless otherwise expressed; and the word "year" alone shall be equivalent to the expression "year of our Lord. See North Carolina General Statutes 12-3
• municipality: means "city" as defined in N. See North Carolina General Statutes 105-472
• net proceeds: means the gross proceeds of the tax collected in each county under this Article less taxes refunded, the cost to the State of collecting and administering the tax in the county as determined by the Secretary, and other deductions that may be charged to the county. See North Carolina General Statutes 105-472
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Oath: A promise to tell the truth.
• oath: shall be construed to include "affirmation" in all cases where by law an affirmation may be substituted for an oath, and in like cases the word "sworn" shall be construed to include the word "affirmed. See North Carolina General Statutes 12-3
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Original bill: A bill which is drafted by a committee. It is introduced by the committee or subcommittee chairman after the committee votes to report it.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Payor: means the person, firm, association or corporation by whom the debtor is employed. See North Carolina General Statutes 105B-1
• Person: means individuals, partnerships, associations, corporations or other legal entity. See North Carolina General Statutes 106-50.30
• Person: means any individual, partnership, association, corporation, or any organized group of persons whether incorporated or not. See North Carolina General Statutes 106-65.24
• Personal property: All property that is not real property.
• personal property: shall include moneys, goods, chattels, choses in action and evidences of debt, including all things capable of ownership, not descendable to heirs at law. See North Carolina General Statutes 12-3
• Pest: means any living organism, including but not limited to, insects, rodents, birds, and fungi, which the Commissioner declares to be a pest. See North Carolina General Statutes 106-65.24
• Pesticide: means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest. See North Carolina General Statutes 106-65.24
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probate: Proving a will
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Product name: means the designation under which a soil additive is offered for distribution. See North Carolina General Statutes 106-50.30
• property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Quorum: The number of legislators that must be present to do business.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Registered technician: means any individual who is required to be registered with the Structural Pest Control and Pesticides Division under N. See North Carolina General Statutes 106-65.24
• Registrant: means any person who registers a soil additive  under the provisions of this Article. See North Carolina General Statutes 106-50.30
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Repellents: means substances, not fumigants, under whatever name known, which may be toxic to insects and related pests, but are generally employed because of capacity for preventing the entrance or attack of pests. See North Carolina General Statutes 106-65.24
• Rodenticides: means substances, not fumigants, under whatever name known, whether poisonous or otherwise, used for the destruction or control of rodents. See North Carolina General Statutes 106-65.24
• Sale: means any transfer of title or possession, or both, exchange or barter of tangible personal property, conditioned or otherwise for a consideration paid or to be paid, and this shall include any of said transactions whereby title or ownership is to pass and shall further mean and include any bailment, loan, lease, rental, or license to use or consume tangible personal property for a consideration paid in which  possession of said property passes to the bailor, borrower, lessee, or licensee. See North Carolina General Statutes 106-50.30
• seal: shall be construed to include an impression of such official seal, made upon the paper alone, as well as an impression made by means of a wafer or of wax affixed thereto. See North Carolina General Statutes 12-3
• Sell: means the alienation, exchange, transfer or contract  for such transfer of property for a fixed price in money or its equivalent. See North Carolina General Statutes 106-50.30
• Service of process: The service of writs or summonses to the appropriate party.
• Soil additive: means any substance intended for changing the characteristics of soil or other growth medium for purposes of:

  a. See North Carolina General Statutes 106-50.30

• state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
• Statute: A law passed by a legislature.
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• Structural pest control: means the control of wood-destroying organisms or household pests (including, but not limited to, animals such as moths, cockroaches, ants, beetles, flies, mosquitoes, ticks, wasps, bees, fleas, mites, silverfish, millipedes, centipedes, sowbugs, crickets, termites, wood borers, etc. See North Carolina General Statutes 106-65.24
• Student loan: means a loan or loans made to eligible students or parents of students to aid in obtaining an education beyond the high school level. See North Carolina General Statutes 105B-1
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
• Trustee: A person or institution holding and administering property in trust.
• Under the direct supervision of a certified applicator: means , unless otherwise prescribed by its labeling, a pesticide shall be considered to be applied under the direct supervision of a certified applicator if it is applied by a competent person acting under the instructions and control of a certified applicator who is available if and when needed, even though such certified applicator is not physically present at the time and place the pesticide is applied. See North Carolina General Statutes 106-65.24
• United States: shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3