Weekly standard. [volume] (Raleigh, N.C.) 1858-1865, 1861-09-18
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q T AY LAW i.

IN ACT TO CHANGE THE JURISDICTION
rPLEAHING THEREIN. |
4 Sec. j. ~ itseaeted By the General Assea6ly
Of The Stats Of North Carolina, and it is hereby
euacted 5B The authority of the same That the |
several Superior Courts Of Law shall have exclusive
original jurisdiction to hear, try and determine all
causes of civil nature whatever at the common law
which may require the Intervention Of jury.
Sec. 2. Be It further enacted, That there shall
be but term of the said superior courts of law
and equity opened and held in each of the counties
Of the State in each year, which shall be holden at
the times and places now required by law for hold
ing the Fall Term Of said court and all laws requr
ing the holding of the Spring term Of said courts
are hereby repealed.
Sec. 8. Be 1t further enacted, That all actions
brought in the said superior courts Of law and equity
the defendant or defendants shall not be compelled
to plead thereto for twelve months from the return
term.
Sec. 4. Be 1t further enacted. That in all cases
where suits have already been brought and are now
pending in any of the superior courts of law and
equity, it shall be the duty of the said court and
it is hereby required to give the defendant or deen
ants further time for trial until the Fall term of
1862, when the same shall stand for trial as other
SUITS and in all suits which may have been hereto
fore brought returnable to the Fall term of 1861,
the defendant defendants shall not be compelled
to plead or answer thereto for twelve months
Sec B. BE 1t further enacted, That the courts of
pleas and quarter sessions of the several counties
except the counties of Pennsylvania Clay Mitchell
and Allegheny, each of which counties shall have
one court of pleas and quarter sessions every year.
which shall be holden in Transylvania on the Sd
Monday in August and in Clay on the last Monday
in August, and in Mitchell, on the second Monday
in September, and in Allegheny on the fourth Mon.
day in October IN each year, shall not have juris-
dicton OF any civil case in WHICH the Intervention
ola jury may be necessary and j: shall lie the duty
OF the clerk of said court to make up record in all
civil cases now pending in the said courts Of pleas
and quarter sessions, and file the same, together
with the original papers, with the clerks of the
pcrlor courts of law, before the fall term of
the superior courts Of law in their respective coun
ties and it shall be the duty of the clerks of the
superior courts of law to enter the said cases upon
their appearance docket and the same shall stand
for trial at the said term of the said superior court
as other cases now pending in said court.
SEC. g. BE 1T further enacted, That in all cases
in which judgments have heretofore been taken in
either the Superior or County Courts, and upon
which executions have issued, it shall be the duty
OF the sheriff or other officer in whose hands such
executions have been placed for collection to endorse
levy upon the property of the defendant defen-
dants sufficient to satisfy the same and return such
executions without making sale and upon return
it Shall be the duty of the clerk to issue uendi
tom erponas, or ier tucs at the election Of the
plaintiff, returnabe to that term of the succeeding
court which is held twelve months from the test Of
such cenditioni erponas teri tacias and that all
alias executions upon judgments heretofore taken
shall be returnable in like manner.
Sec. 7. BE 1t further enacted That so much of
the 18th section of the 105th chapter of the Revised
Code as subjects sheriffs to penalty of one hun
dred dollars for not executing and returning process
be and the same is hereby repealed to all penal
ties incurred since the passage of bill at the last
regular session of the General Assembly, entitled
"a bill to prevent the flee of property, and for
the relief Of the people" and to all future pen
alties.
Sec g. That [no] capias ad satistacienduns shall
issue from any Of the courts or from any justice
ofthe peace upon any judgment now existing which
may be hereafter obtained in any of the said courts
or before any justice of the peace.
Sec. g. That it shall be the duty of all constabes
and other officers to levy any executions which may
be in their hands issued upon judgments heretofore
issued by magistrates, and to return the same to-
gether with said evies to the Justices of the peace
| who issued the same, or to some other magistrate
in said county, whose duty it shall be- upon the ap-
plicaton IF the plaintiff to issue condition. erpo
mas not returnabe sooner than twelve months from
| thedate thereof.
Sec. 10. That hereafter all civil warrants issued
by justices of the peace shall be made returnabe
for trial twelve months after the date of issuing
such warrant and not before; and no justice of the
peace shall have power or jurisdiction to try any
such warrants before the expiration of twelve
months from the issuing of the same, prorided tina
the defendant or defendants are residents of this
State and all executions issued by justice of the
peace shall be made returnable twelve months from
the issuing of the same; and upon the trial OF such
warrant either party may appeal from the judgment
to the next succeeding fall term of the superior
court of the county where the warrant is tried, by
giving security as is now provided by law, in case
of appeal from justices Judgments but if the defen
dant or defendants make oath that he or they are
unable to give security for the amount of the judg
men: and costs then the justice shall grant the ap
peal without security; and return the paper with
such affidavit to the next fall term of the superior
court of said county, when the defendant shall ente
his plea, and the case shall be continued over ant
not stand for trial until the next succeeding fall
term of said court.
Sec H. That il any sheriff, clerk or other Office
shall violate any of the provisions of this act h
shall forfeit the sum of two hundred dollars to b.
recovered by any person suing for the same in TIN
name of the State and shall also be subject to ndict
meht, and upon conviction shall be fined or impris
oned at the discretion of the court
Sec IL. That all deeds of trust and mortgage
hereafter made, and judgments confessed to secur
debts shall be void assto creditors, unless it is ex
pressly declared therein, that the proceeds of sal
hereunder shall he appropriated to the payment o
all the debts and liabilities ofthc trustee this shou,
be trustor] or mortgagor, equally pro rata: Procid
ed That the provisions of this section shall not ap
ply to sherfs or other public officers who may max
a mortgage deed of trust to secure securities t
their official bond
Sec. 49, That there be but one term of the su
preme court of the State which shall be held in tn
city of Raleigh at the usual time for holding tn
summer term thereof, and and all laws which Re
nnirn tho uintar form of caid court IN no hold ar