The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1861-09-25
THE STAY LAW.
A Aet to clqngt the ia iAdciioa Of "a. Courts a
kAe Rales Il Pleading thereoa

SEC. |. BeA enacted by the General Assem-
BIZ ofthe State Of North Carolina, and ii is
hereby enacted By The authority Of the sanss,
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 1
may require the intervention Of jury.
SEc.2. Beiijurther enacted, That there shall |
be but one term OF the said superior courts
Of law and equity, open 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 holding the Fall Term
of said court, aud all laws requiring tina hold
Ing Of the Spring term Of said courts are
hereby repealed.
SEc. 3. BE IL further enGcted. That all &C
tons brought in the said superior courts Of
law aud equity the defendant or defendants
shall not be compelled to plead thereto for
twelve moRths IRON the return term.
SEC. 4. BE IL further enacted. That in all
cases where suits have already been brought
and are aow pending 10 any of the superior
courts of law and equity, 1t shall be the duty
of the said court, and it is hereby required
to give the defendant or defendants further
time for trial until the Fall term Of 1862,
when the same shall stand for trial as other
suits. aud in all suits which may have been
heretofore brought relurnable to the Fall
term oi 1861. The defendant or defendants
shall not be compelled to plead or answer
thereto for twelve months.
SEC. ). Be il further enacted, That the
courts OF pleas and quarter sessions of the
Transylvania, Clay, Mitchell and Allegheny,
~ -. I'M ko.. n.S
Of pleas and quarter sessions every year,
which shall be holden in Transylyania on the
Sd Monday in August, and 10 Clay on the
last Monday in August and in Mitchell on
the second Monday in September, and in Al
leghany on the fourth Monday in October in
each year. shall not have jurisdiction Of any
civil case in which the Intervention OF a ju-
nv may be necessary; and il shall be the du
Nv Of the clerk Of said court TO make up
record in all civil cases nov pending in the
said courts Of pleas and quarter sessions, and
file the same. together with the original pa
pers, with the clerks Of the superior courts
or law, on or before the fall term Of the su-
peTior courts 81 law in their respective coun-
ties; and il 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 superior court IS other cases now pend
ing in said court.
SEC. 6. Be Il further snaetsd. That in all
cases in which judgments have heretofore
been taken in either the Superior or County
Courts, and upon which executions have is
sued, il shall be the duty Of the sheriff or
other officer in whose hands such executions
have been placed for collection TO endorse a
levy upon the property Of the defendant OF
defendants, sufficient to satisfy the same and
retured such executions without making
sale; and upon return il shall be the duty Q
the clerk TO issue Uelditioni erponGs, or fer
faeias, at the election Of the plaintiff, return
able TO that term Of the succeeding cOur
which is held twelve months from the ties
IL such unditioni erpOnGs, or feri fdcids
and that all alias executions upon judgments
heretofore taken shall be returnable 10 lik'
manner.
Sac. 7. Bell further enacted, That so mucl
III the 18th section Of the l05th chapter Q
.he Revised Code as subjects sherlfs to
penalty Of cue bundled dollars for not exc
suting and returning process be and the sam
Is hereby repealed, as TO all penalties incur
red since the passage Of bill al the last rec
ular session Of the General Assembly. eHti
tied "a bill to prevent the sacrifice Of prop
erty, and for the relief Of the people" an
as 10 all future penalties.
sEc. s. That moi cGPias ad satisfaeiendu'
shall Issue from any VI the courts Or from 40
Justice Of the peace upon any Judgment no.
existing, or upon any judgment which ma
be hereafter obtained IN any oil the sal
courts, or Before any justice Of the peace.
SIC. q That il shall be the duty Of a
c0nstsblss and other officers 70 levy any e.
ecutions which may be in their hands issue
apon judgments heretofore issued BY magii
rates, and to return the same together vii
said lesies TO the justices Of the peace VII
issaed the same, or 10 some other magistrat
III said county, whose duty il shall be, upo
the application Of the plaintiff. to issue
condition. ezpORas. not returnable sooner ths
twelve months from the date thereof.
SEC. ~. That hereafter all civil warran
issued by justices Of the peace shall be mat
retarna5le for trial twelve months alter y
date Of issuing snch warrant and not befor'
aud no Justice Of the peace shall have pow,
or Jurisdiction 70 try any such warrants b
fore the expiration of twelve months fro
die issuing Of the same, provided that the q
fendant or defendants are residents Of Il
State; and all executions issued by just
Of The peace shall be made returnsble twel
months from the issuing 81 the same; q
upon the trial Of such warrant, either par
nav appeal from The Judgment % the ne
succeeding fsll term Of the superior court
the county where the warrant Is tried
giving security as is now provided by "a
ia Csc q appeal from justices judgment
bstif lie defendant Or defendants make o.
III he Or they are unable TO give securl
for - amount Of the judgment and cos
ther Ga justice shall giant the appeal WI
out -grity; and return the paper with -
ar il u the next fail term Of the super
e. q sad county, when the defends
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