Spirit of the age. [volume] (Raleigh, N.C.) 1849-1865, 1861-09-25
NO. 5.


affidavit to the next fall term of the supe-
rior court Of said county, when the defendant
snail enter his plea, and the case shall be
continued over aad not stand for trial un-
tilthenext succeeding fall term ofsaid court.
SEC. IL. That if any sheriff, clerk or
other officer shall violate any of the pro-
visions of this act, he shall forfeit the sum
of two hundred dollars, to be recovered bv
any person suing for the same in the name
of the State, and shall also be subject to
indictment, and upon conviction shall be
fined or imprisoned at the discretion of
the court.
SEC. IL. That all deeds of trust and
mortgages hereafter made, and judgments
confessed to secure debts, shall be void as
to creditors, unless it is expressly declared
therein, that the proceeds Of sale thereup
der shall be appropriated to the payment
of all the debts and liabilities of the trus-
tee this should be trustorl or mortracor.
equally pro rata: Proyided, That the bro.
visions Of this section shall not apply TO
sheriffs or other public officers who NAV
make mortgage or deed of trust to Sc
cure securities to their official bond.
SEC. l3. That there shall be but one
term of the Supreme court of the State,
to be held in the city of Raleigh at the
usual time fer holding the summer term
thereof, and all laws which require the
winter term of said court TO be held are
hereby repealed, and the Judges of tho
said court are not required to hold the VIM
ter term thereof.
Sac. Ii. That the Morganton term of
said court shall be discontinued. and il
shall ~ Inf Of 4 r
held heretofore IN the town Of Norganton.
to transmit to the clerk of the couTt held
In the city OF Raleigh all the records. books
ana papers pertaining to cou.t, in Nor
ganto1, on or before the second Monday
IN june next, and it shall likewise be the
duty of the clerk Of the court Of MORGAN
ton to expose to sale the library at Nor
canton, Except snch books as the iudges
OF the supreme court shall dire. to be
transmitted to the city of RaIeigh) at pub
lie auction to the highest bidelcr for the
cash, and pay the proceeds iutr the public
treasury, after repaying the amount ad-
vanccd BY members of the bar in its our
chase, and, proVided .furttet', that members
OF the bar who have placed law books in
said library for the benefit of the court.
shall be permitted to withdraw them ba-
fore the sale.
SEC 10 That sii matters and ca,,sesss--
no" remaining undetermined in said conrt
DIT Mof9ahton shall be dockcted in the
coHrt at Raleigh, in such order as tho
Judges shall prescribe, and shall be there
heard and determined, and the clerk of
SAID court In Morganton shall make all his
reports touching all matters referred to
him, to the next summer term Of the court
IN Raleigh as fully and completely as the
same shall be made TO the cont in Nor
canton, and that ell writs, rules, attach
ments and process of every kind now re-
tnrnable to the term of the court TO be
held IN Morganton in August next, shall
be returned to the Supreme Court in Ea
leigh, to be held en- the second Monday IN
June 1862, and every failure 10 comply
herewith shall be punishable by amercc-
ment or attachment in the discretion OF
the court ; and that hereafter all canses
whatsoever carried into the Supreme Court
| by appeal, removal or otherwise from
any OF the Superior Courts of law or
equity of the coIntiqs COMPOSING tho
sixth and seventh ciFcuits shall be brouoht
to the Supreme Court at Raleigh. and
that the judges of the court shall have
full power and authority to mike ALI ne-
cessary rules and orders for cal ryinp into
effect this act, ,aand to make the clerk at
Morganton proper allowances for the SER
vices herein required ; and it shall be the
duty OF the clerk Of the Supreme Court
at Raleigh to take charge of the records
OF the court at Morgauton and to furnish
copies thereof when required, in the same
manner as copies of records are furnished
from the records records of the Supreme
Court at Raleigh.
SEC l6 That none of the provisions Of
this act shall apply TO the collection of the
State or County revenue or repeal any of
the existing modes or remedies provided
by Law for the collection of the same.
SEC. IL. That the tax fee upon justices
judgments, reternable to the Superior
Court, shall hereafter be the same as is
now taxed in the several county courts.
SEC Is. That the operation of the stat
ate of limitation be and the same is here.
by suspended SO long as this act remains in
force.
SEC ID That no provisions of this bill
shall apply to the collection of interest On
any ntract already accrued or annually
4 hereafter to accrue, except So far as the
san4els rendered necessary for the abolition
of one teFm every year Of superior and su-
preme courts.
SEC. 20. That the time of four years bs
extended to executors and administrators
wherein to settle the estates of their exec
utors and iutestates, and further time in
which to plead at the discretion of tho
courts, and all laws aud clauses of laws
coming in conflict with this provision be
aud the same is hereby repealed, proriqed,
that executors be and they are hereby re.
quired to give security in such sum as the
court may direct,
SEC 81 That the provisions Of this act
extending the time of pleading shall not
extend to suits against citizens of the Uni
ted States, or to persons who have abscon.
ded from this State.
SEC %. That all laws or clauses of
laws conflicting with the provisions of this
act be aud the same are hereby repealed,
{ and that this act shall take effect and be
. in force from and after its ratification.
: Real three times and ratified in General
i Assembly, this lth day of September, A.
d., 1861. w 7. DORTCH, S. ii. G..
r. HENRY T. CLARK, s. s.