Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1861-08-22

BILL Hdgne.1
70 change the Jurisdiction Of ,h. g
pertor Courts, to regulate the trial ~ and su.
lions therein' and for other purposes 'f'a'n ac-
SEC. l: Be- Il enacted by the General Asso,,,,..
STATE OF North Carolina and hcTeb Of he
0f the same, That no action of Covenant ~ ouOrh
or other action upon any covenant, bond bill Of debt
reeent of any kind either written or verSI promise Or
implied, to pay moneys shall be hereafter bronp Or
OF tho Courts OF Pleas and Quarter Sessions f M any
shall said have take or eneTts Gl this State
any such actions suits and if any such actin
brought IN or MADE reurnabe any of said courts @ be
defendants at the of the plaintiff '' defendant
SEC. 2, BE ttarther enacted, That no action ofou
hill Of excbanUe promssorV no upon any covenant b5
count, or promise or agreement of any kind &C.
hereafter brought or be mads retpr1abe oney shall
Spring Terms of the Superior Courts of Law Of ny the
but ali such actions or suits brought ormade reHrne
any OF the Spring Terms of said Courts the to
dismissed on motion of the defendants at the
plaintiff; and when any such action or suit is the
Superior Courts, the defendant or defendap4 Of said
shall be entitled to plead thereto, at the retr herein
and such action or suit shall stand continual Term
trial shall be had nor judgment rendered therein ana no
the next succeeding Fall Term of such SunaTi Until
and if any Superior Court shall give any Ooat
permit any judgment to be entered or taken Or
foregoing provisions, such judgment shall be VOID @
effect and all executions issued upon iudrmen Sna Of
ed as aforesaid at the Fall Term of said Sn9n OBTAIN
shall be made returnable to the next succeeding Fan %
thereafter. and not sooner. al leim
SEC. g. Be 1t further enacted, That hereafter al
QOu
due On any covenant, bond pr0missory note I'm nTeS
change; hquidated or open account upon spy nom &
shall be made returnable for trial twelve montb or implied
date of the issuing of such warrant and before @ me
justice of the peace shall have power or iasdci no
try any such warrant before the expiration ns 70
twelve months from the issuing of tie same le
upon the trial of any such warrant, either party NAV s
peal from the judgment rendered to the new 10y p
ing Fall Term of the Superior Court of the conntU
the warrant is tried by giving security is now n
by Law in of appeals from justices Judgment I
DAT nj ka q .l- y
are unable to give security for the amount of the 5
men and cost, then the justice shall grant the s5na
without security, and return the papers with sP T
daVt to the next Fall Term of the Superior Cont If &
county, when the defendant shall enter his pleas and
shall be continued and not stand for trial nn
next succeeding Fall Term of said Court. ~
Sec. A. Be 1t further enacted That in all cases vbo
suits have already been brought upon any covenant @
bill of exchange promissory note, lqudated or omen
count, or upon any promise agreement either written
verbal, expressed or implied, to pay money either in f
the defendant defendants have not yet pleaded rb
fendant or defendants shall not be compelled to plead
the Superior Court, until the Fall Term thereof A. l
and if IN the County Court, until twelve months after G
return elm of The writ in such suit during which time G
suit shall stand continued shall any Superior or CpT
Court have power to give any judgment any such I
until the defendant or defendants have had the fnI f
given above under his their pleas; and if any iadgr
shall be entered up or given by either of the said Courts
contrary to the foregoing provisions the shall
and void.
SEC. S. Be 1t further enacted, That in cases where %
have already been brought upon any covenant bond bT@
exchange promssory nOte hqudated open account o
upon any promise or agreement. either written or verbal
expressed or implied to pay money in either the Superior
or County Courts of this State to which suits the defendant
defendants have pleaded and the same now at issue
in the Superior Court it shall be the duty of such Co
and is hereby required to give the defendant deDI
ants further ne for trial until the Fall Term thereof D
1862, and all executions issued upon judgments obtained hi
such suits at the said Fall Term 1862 Of the Superior Cu
shall be made returnabe to the next succeeding Fall m
thereafter and not sooner and any judgment shall bel
given by Superior Court contrary to the foregoing r
visions, the shall be null and void and such su
are pending in the County Courts upon judgment granted
therein, either party may appeal to the Superior Court
without being required to give security and all
shall be carried up to the next succeeding Fall Tmd
such Court and not before and all executions upon j
ment obtained in such suits at such Fall Term, shall e
turnable to the next succeeding Fall Term thereafter audi
not sooner.
SEQ. 8. Be it further enacted, That Sheriff. DeplH
Sheriff Coroner, Constable other officer, into Whs
hands any ert tdcidS or Uedttient eIpoGs ISSUED FRONT
any Court this State, by justice of the peace upm
any judgment which has already been obtapsdl has noT
come or may hereafter come, shall have the power ua
such process to seize, take possession of sell prof
perty real personal belong the defendont def
ants therein named before the first day of January 1885,
bu. it shall be the duty Of such Sheriff Deputy Sheriff C
oner, Constable other officer to endorse such rto
PENDANT defendants, describing the with partca
and return the to the Court from which such process
issued, which levy, endorsement and return shall
lien upon the property therein described in favor Of L
plaintiff in such exection for its satisfaction.
SEC. BE further enacted, That every CLERK Deputy
ton, and every she Deputy sheri Coroner and Cc1a
he seizing taking possession Of or selling any property
rea! or personal, contrary to the provisions OF tins @
shall forfeit the sum of s. for every such offence t
recovered in an action of debt by any person who may m
for the same and shall be further liable to the action
the party grieved for damages. II
SEC g. Be 1t further endcted, That this act shall be
force from and its ratification and all laws and o
of laws in conflict with its provisions are hereby repealed
' Important Proclamation from President lincoln
WHEREAS, on the 18th day of April, 1851 the President
of the United States, in view of insurreCon against W
laws. constitution aud government of the United ste'
which had broken out within the States of South Cardinal
as and in pursuance of the provisions of the act el
An act to provide for calling forth the militia e4ea
the laws of the Union, suppress instructions and fep
vasons, and TO repeal the act now in force for ta
approved February %, 1895, did call forth tie militia "
suppress said insurrecton and to cause the laws o. I
Union to be duly executed and the insurgents have r
to dsperse by the time directed by the President az
whereas such insurrecton has since broken ont and W
lists, within the States of Virginia, North Carolina l+
and Arkansas and whereas the insurgents ID oil u
said States claim to act under the authority thereof
claim not dscaimed repudiaed by the persons eAe
sing the functions OF government in such state OF nae
in the part or parts thereof in which such
is nor has such instruction been suppressed by ald
Now, therefore, l, Abraham Lincoln, Freslueu'u ~
United States in pursuance of of Congress approx
= July Is, 1861, hereby declare that the inhabitants
SAID States of Georgia, South Carolina virginia, .
Carolina, Tennessee. Alabama Louisiana Texas Ah M,
u Mississippi and Florida, Except the lnhaonansn
part of the State of Virginia lying west OF e aI5
|. mountains and of such other parts of that SaR a
y other States herenbefore named as may MAINTAIN
d adhesion to the Union and the Constitution or ma
l. from time to time, occupied and controlled by torres
II United States engaged in the dispersion OF sad
g are in state Of Instruction against the United states
that all commercial intercourse between the same s
e inhabitants thereof, with the exceptions aicIg'aTT
= the citizens O. other States and other parts n i I
:, States is unlawful and will remain unlawful uIa thai
II instruction shall has been suppr,sseu orm
: all goods and cbattels, wares and merchana 5 Ind
e from any of said States with the exceptions pre- %
y other parts of the United States without E.o m
= license and permission of the President rv Of ai
Secretary of the Treasury or proceeding 70 ay
= States, with the exceptions aforesaid by lana came
gether with the vessel vehicle conyeylDg tbs said
conveying persons to or from said States with m and M
ceptions, will be forfeited to the United Stas prcS
70 from and after fifteen days from the issuing o. s or p
u nation, all ships and vessels belonging 10 Enoe with
81 any citizen nhabiant of any of sad & STATE
y exceptions, found at in any port OF H breby eI
e will be forfeited to the United States ana @ G the
= upon all district attorneys, marshals and @ the Unite
enue and of the military and naval ioc act and in Tx
States to be vgilant in the execution OF inDosed
enforcement of the penalties and orfetareSa himself ag
- clared by it, leaving any party who may Secretary Of Dc
9 eyed thereby to his application to the ~ or forfa
. Treasury for the remission of any pena W 70 grant
= which the said Secretary is authorized ny Of ay CAFE )
!, in his Judgment, the special circumstances '"
y require such remission. + nv hand 3D. a