Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1861-09-19
The Stay Law.

determine uha
common law which may require the venton 81 the
eco. q Be Il further enacted, That there shah b a Jury
term OF the said superior courts of law equity one
held in each OF the counties of the State in and
which Eha be holden at the times and places now
by Law for holding the Fail Term of said court and
requiring the holding Of the Spring term Of said COM. avs
here by repealed. 0'ui@ are
eBc. ,. Be 1t further enace d. That all actions srou
the sad superior courts of law and equity the defe
defendants sbsli not be compelled TO plead tbhtor
twelve months from the return term 'e'o Tor
SEC 4. Be itsfurtheT enacted That In all coeoa -
have already been broug ut and now pcnd Moee
of the superior courts OF law and equity be the Amy
fendant de eDdants further time Tor till mail W 90
term of 1861, when the shall stand for rial rsu
suits and in all suits which may have been las a. Other
brought returnable to the Fall term Of 1851 the
or defendants shall not be compelled to plead or sns
thereto for twelve months. OS"G
FEC 5. Be II fuy tier enacted, That the courts nj NJ,
and quarter sessions of the several counties excenF W
counties of Transylvania, Clay Mitchell and AegSae
each of which counties shall have of pleas ~
quarter sessions every year. which shall be holden Ta
sy lyania the Sd Monday in August, and in tay on M
last monday in August and in MITCHELL the second Ms
day ia September and in Allegheny on the fourth MR
in october ia each ear shall have jurisdiction ~
civil care in which the intervention of jury may be ne
sary and it shall be The duty the of said co
make up record all civil now pending in the s
courts pleas aud quarter sessions, and file the same %
her with the original papers, with the clerks of the an
perior courts of law, before the tall term the
perior of law their respective count e.. and v
shall be the duty OF the clerks OF The superior cour Of
10 the said upon their appear docket ss
the shall for trial at the sid OF the yaa %
peri"r court other pending in Court
SEC. g. Be 1t further enochd, That il al cases in which
ud ments have heretofore been taken in either the GU
or County CuuIts, and upon which ecutiops have i
it shat be the duty of the sheriff other officer in VIII
hands such executions have been placed for collection ~
endorse levy upon the property of the defendant or DO
eDdans, sufficient TO sat sty the and return So sTe
cutons without making sale and upon urn it shall
the outy of the clerk issue Uedont e1ponaS or icy
fdcias, at the election of the plaintiff able to t
term of the succeeding court which held twelve monks
from the test such pend'tioni erpcnds m acias and
that all G.tas executions Judgments heeloire taken
hall be IeturnaUle i'll ike manner
Sec. T. Be ttnther enacted, hat much of the Nh
section OF Ii 5tb chapter the Revised a suh
she ifs to penalty OF one hundred dollars for * en-
ting aud returning process be and the hereby r.
aed to all penalties incurred since tie Passage Of
dill at the last Qar session OF the General emily en-
titled bill to prevent the crice of property and IA,
the relief Of the people and as to all future penalties
SKC :. That cdptGS Gd SGt.JdCiendm shall issue from
any Of the courts from Justice Of the upon m
judgment now existing, or upon any judgment which NAV
be hereafter obtained any of the said courts or bo
any justice OF the peace.
Sac 9 That it shall be the duy Of all constabes and
other officers to levy any executions which NAV IN h
hands issued upon JUDI heretofore by map
uates and to return The with Ieys n
the justices Of the peace who issued the same or IN
other magistrate in said county, duty shall be nm
on the application OF the plaintiff To issue UeHdtOn a.
ponds, not Ietunabe sooner than twelve m lie
SIC 20. That hereafter all civil warrants issued BY in.
tees of the shall be made returnaoe Tor trial W
months after the date vi issuing such be-
aud justice of the peace shall have power or ia
sdctlon to Try such warrants befOe the expiration
Twelve months from issuing of the same proud hat
The defendant defendants residents thu slate aud
all execu ions issued by justice Of the peace shall be
nable twelve months from the Issuing the same
and upon the trial OF such either party sp
peal from the judgment to the next succeeding tai
he sup ior court Of the county where he tried
by gislng security as is provided by law ia
appeal from justices judgments but the defendant Oh
defendants make oath that he they unable give Sc.
cuty fer the amount OF the Judgment and COS g. then The
justice sHa graft The appeal security;
paper with such affidavit to the fail tern OF tie
superi court of said county when tie defendant shall en-
Ter his plea and the case snail be Continued AID not
stand for trial until the next succeeding tail Term sad
court.
SEC hat 9th off, ,Uy
Olate any of the provisions If this act, he snail forfeit The
OF two huuGrtd dollars, be recovered by pon
suing for the in the OF the State aud shan also
be subject Indictment and upon conviction shall fined
or imprisoned At the d scretIon Of tbs cuurI
hEC. IL That all deeds OF tiut and mortgages hereafter
made, and confessed deO shall be void
TO CREDITORS, unless 1t ess dec aed
The proceeds of sale Hereunder hall
payment of all The debts anu liabilities OF zoe trustee (ths
should be HuSt0T) or morgagor, equally pO ala Prov
Oe1 hat The DIVISIONS this ctOu shah appl
sAeIfo or other public officers who may make mortgage
or Deed OF trust to secue securities TO their official bod
FEC ID hat there SHALL be but lie term OF he supreme
court OF me State, which shall be held III the city Vi Raleigh
at the usual time or holding the SUMMER eIm thereof aud
all laws which require term of court be
held hereby pealed, and the judges the SAID court
= ale bot required to hold the winter thereof
FEC a. That the Morganton term OF sad court stall be
discontinued AID it shall be the duty of the clerk OF the
he'd heretofore the Morganton,
to the celk OF The court he'd IN the city Raleigh oil the
records books and papers pertaining 10 said court in
Canton before The second Monday June next, and
shall lkt wise be The duty of the Nor
canton to pose sale the library at MogaLto0 Ace
such books che Judges OF tie Court HbaJ direct
To bo transmitted 10 the city of haegh) al puDlc aucu
to the highest bidder cash and pay proceeds uot
ubic urea ury, az er repaying the amour advanced
members II the bar Ill its purchase and, lrOcldd tn
that members Of The bar who have placed A books sa
O. libra for the ben d. the court shall be permitted
r. withdraw them betO the safe
SAC 10. hat ali matte aud causes now remaining ID
dee Mined ii said court at organtoa shah be dckedN
he court at Raleigh IN such order as The judges sh4I PEE
crloe and shah be there heard and determined, aud @
clerk OF said court in Morganton shall make all Ills repOA
ouchin9 Ill matters referred To hl to the DtAt sDus
erI Oh The court III Raleigh fully ana completely ao Wv
same SHAH be made to the court i'll Moganon and that
Wis., rules, attachments process every kud how're
utnabe TO the term CT the be he'd MOrgau'vD
III August next, shall be returned to the Supreme Court
Il alelgh held on the second MONDAY June, 1861
and every failure to comply her shall punishable
amer cement attachment IL the discretion vi the cou
and that hereafter all causes whatsoever carried AIo s
\ supreme Court bJ appeal, removal Otherwise from a."
OF the superior Couts OF law equity OF the cVuD5,
Composing the sixth and circuits, sha be o.gm
The supreme curt at Raleigh anu that the JUDGES w
court shall have full power AID authority to maAe d neV
sary rules and orders for Carrying into enect Ills M anu
10 make the clerk at Morganton proper allowances o w
J. services herein required and shall be the duy o. N
clerk OF the supreme Court at Raleigh to take cag OIL
records OF the couIf at MoIganton and uIDhh e1p
thereof when required in The same copies o. ~
cords are furnished from the records OF the Supreme
| at haeigh.
sEo is, That ag the provisions of this ac shall ~
ply to the collection OF the State County revenue OF
peal any OF the existing modes remedies PROVIDED "
re IL That the lax fee upon justices judgments re-
to the superior Court 1h hereafter be Inc Sa
it as Is now taxed In the several couAty courts. b.
sKc 49, That the operation OF the statue OF ImilatU w.
= and the same Is hereby suspended long as his a0
mains III ioIce. A..
y skc 49, provisions Of this bill shall apply TO
Connection OF interest any contract sheady
annually hereafter to accrue, except lar as lhe
render ed necessary for he abolition OF term eVe!
g OF the supeE4or and supreme court. ovs
Skc 70 That he time Of four years be eXte1deo w.. Of
ceLois and administ aors wherein 10 settle ne bch
at their executors aud intestates tine Id and
10 plead at the discretion of The courts and az and
Clauses OF laws coming conf wth his pro so he and
the same hereby PROVIDED that executors
Ut they are hereby required to give security IN u'n
ri the court may direct. So the
rv EXC II That the provisions of this act Of
line OF pleading shall extend to suits agalns' from
u the United States persons who have sbseono'
OF tins State. 9TH
st eho 20. That all laws clauses of Laws coil WY 70
o the provisions OF this act be and he are oes
" pealei, and hat this act shall take effect and DO "
IRON and attsl its ratification ., this
lp head three zines aid ratified in General Assembly,
81 day Of September, A. ~, 1861. ,r, nc