Spirit of the age. [volume] (Raleigh, N.C.) 1849-1865, 1861-09-25
STAY LAW.
AN ACT TO CHANGE THE JURISDIC-
TlON OF THE COURTS AND THE
RULES OF PLEADING THEREIN.

AN hCl III CH HANGE The JURlSDIt-
TION OF THE COURTS AND THE |
RULES OF PLEADING THEREIN.
SEC. 1. Be At enacted by the General |
assembly Of the State of North Caroline, |
and 1t IS hereby enacted 6y the authority of
the same, That the several Superior
Courts of Law shall have exclusive oriei-
nal jurisdiction to hear, try and determine
all causes of civil nature whatever at the
common law, which may require the in
terventfon of jury.
SEC. 2. BE 1T further enacted, That
there shall be but one term of the said su-
perior courts of law and equity, opened
and held in each of the caunties 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, and all laws requiring 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repealed.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 la" and equity the defendant or defen-
dants 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 DOW peuding in any of
the superior courts Of law and equity, it
shall De the duty of the said court, and it
is hereby required to give the defendant
or defendants further time for trial unit; the
Fall term of 1862, when the same shall
stand for trial as other suits, and in all
suits which may have been heretofore
brought returnable to the Fall term of 1861.
the defendant or defendants shall not be
compelled to plead or answer thereto for
twelve months
SEC. 8. BE itfarther enacted, That the
courts of pleas and quarter sessions of the
several counties, except the counties of
Pennsylvania, Clay, Mitchell and Alegha-
ny, each of which counties shall hay. one
court of pleas and quarter sessions every
year, which shall be holden in Transvl-
vania on the Sd Monday in August, and
IN Clay on the last Monday in August.
and IN Mitchell, on the second Monday in
Be tember, and 10 Allegheny on the fourth
Monday in October IN each year. shall not
nave jurisdiction of any civil case in which
the Intervention Of a jury may be neces-
sary and it shall be the duty of the
clerk OF sail court to make up a record
IN all civil cases now pending in the said
courts of pleas and quarter session, and
hle the same, together with the original
papers, with the clerks of the superior
courts of law, on or before the fall term of
the superior courts of law in their respec-
pectlve counties; and it shall be the dnty
OF the clerks of the superior courts of law
to enter the said cases upon their appear
ance docket, and they shall stand for tria
at the said term of the superior court as
other cases now pending in said court.
SEC. 6. Be 1t further enacted, That in
all cases in which Judgments have hereto
fore been taken in either the Superior
or County Courts, and on 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 or defendants, sufficient to salts
iy the same, and return such executions
without making sale; and upon return
1t shall be the duty of the clerk to issue a
uendateo@ erponas, or teri facias, at the
election of the plaintiff, returnable to that
term OF the succeeding court which is held
twelve months from the test of such geaa-
d1teons erpo'ads, or feri tacias, and that ali
ots0s executions upon judgments heretofore
taken shall be returnabIe in like manner.
SEC. Z. BE at further enacted, That so
much OF the 18th section of the 105th chap
ter of the Revised Code as subjects sheriffs
to penalty of one hundred dollars for
not executing and ret urn:ng process, be
and the same is hereby repealed, as to all
penalties incurred since the passage of a
bill at the last regular session Of the Gener.
al Assembly, entitled "a bill to prevent
the sacrifice of prosperity, and.for the re
lief OF the people," aud as to all future
penalties.
SEC. 8. That [nol capias ad Satistac-
aendum shall issue from any of the court
or from any justice of the peace upon any
Judgment now existing, which may be
hereafter obtained in any of the sait
courts, or before any justice of the peace
Sec. 8. That it shall be the duty of all
constables and other officers to levy any
executions which may be in their hand.
issued upon judgments heretofore issued
) by magistrates, and to return the same to-
, gether with said levies to the justices o.
, the peace who issued the same, or to some
} other magistrate in said county, whose du
. ty it shall be, upon the application of the
; plaintiff, to issue a venditioai erponas moi
) returnabe sooner than twelve months from
the date thereof
Sec. 10. That hereafter all civil warrant:
; 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 nojustice of the peace shall have pow
er or jurisdiction to try any such warrant.
before the expiration of twelve month,
from the issuing of the same, rro0ided tha
$ that the defendendants are residents of thi
State; and all executions issued bv Jus
J, tice of the peace shall De made returnab
$ twelve months from the issuing of tn
. same and upon the trial of such warrant
t either party may appeal from the juds
Z ment to the next succeeding fall term {
!. the superior court of the county where tn
warrant is tried, by giving security, as
r now provided by law, in case Of appea
J, from justices judgments but if the defer
y dant or defendants make oath that he o