The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1861-09-17
THE STAY LAW.
A BILL to change the Jurisdiction of the Courts
and Rules of Pleading therein.

SeHlGly of North Carolina, and 1T as heTeGy en-
acted Ly the authority Of the same, That the
several Superior Courts Of Law shall have ezclu-
sive original Jurisdiction to hear, try and deter
mine ali cases of civil nature whatever, at the
common law, which may require the intervention
Of jury.
Sec ,. Be it further 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
the holding of the Fall Terms of said court; and
all laws recurring the holding OF the Spring Terms
Of saiG courts are hereby repealed.
Sec 8 Be it further enacted, That in all actions
brought in the said Superior Courts Of Law, the
defendant or defendants shall not be compelled to
plead thereunto for twelve months from the return
term.
Sec. T. BE it further enacted, That in all cases
where suits have already been brought, and are now
pending in any of the Superior Courts of Law, it
shall be the duty of said Court, and it is hereby
required to give the defendant or defendants fur
Their time for trial until the Fall Term Of 1862;
when the same shall stand for trial 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 thereunto for twelve months.
Sec. ). BE it further enacted, That the Courts
of Pleas and Quarter Sessions of the several
ties, except the counties of Transy vania, Clay,
Mitchell aud Allegheny, each Of which counties
shall have court of pleas and quarter sessions
every year, which shall be holden in Pennsylvania
on the Sd Monday in August, and in Clay on the
last Monday in August, and in Mitchell on
the second Monday in September, and in Ale
ghany on the fourth Monday in October in each
year. shall not have jurisdiction Of any civil in
which the intervention Of jury may be necessary;
n uba ba tbo 1r,tIr IF no of ba
Courts to make up record in all civil cases now
pending in the Courts of Pleas and Quarter Ses-
sions, and file the same, together with the original
papers, with the clerks of the Superior Courts Of
Law. or before the Fail term Of the Superiog
Courts Of Law, in their respective counties; and
it shall be the duty Of the Clerks of the Superior
Court of Law to enter the said cases upon their
appearance docket, and the same shall stand for
trial at the said term of the said Superior Court
other cases pending in said court.
Sec 6. BE it further enacted, That in all cases
in which judgments have heretofore been taken
in either the Superior or County Courts and up
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 satisfy the same, and
return such executions without making a sale; aud
upon return it shall be the duty of the clerk to is
sue r"nnItioHt elyp0nas or teri tuciaS. at the
election of the plaintiff. returnable to that term
of the succeeding Court which is held twelve
months from the test of such rcmdHioni crpono&,
or peri frcius; and that all alias executions upon
udgmeuts heretofore taken, shall be returnabe in
like manner.
Sec 7. BE it further enacted, That so much Of
the 9TH section Of the 105th chapter Of the Re
vised Code as subjects sheril1s to penalty of one
hundred dollars for not executing and returning
process be and the same is hereby repealed, to
all penalties incurred since the passage of bill at
the last regular session of the General Assembly,
entitled ga bill to prevent the sacrifice of prop
erty, and for the relief of the people" and to all
future penalties
Sec. s. Be it further enacted, That no capius
ad SutiStGcicnduDt shall issue from any Of the
courts from any OF the justices Of the peace up
on any judgment now existing, or upon any judy
ment which may be hereafter obtained in any Of
the said Courts before any justice of the peace
Sec O. That it shall be the duty of all con-
stables and other officers to levy any executions
which may be in their hands issued upon udg-
ments heretofore issued by magistrates, and to re-
turn the same together with SAID levies to the
justices of the peace who issued the same, or to
some other magistrate in said county. whose duty
it shall be, upon the application Of the plaintiff
to issue ucndti0nt erpOnGs. not returnabIe
sooner than twelve months from the date thereof
Sec. TO- Be it further enacted, That hereafter
all civil warrants issued by justices of the peace
shall be made returnabe for trial twelve months
after the date of issuing such warrant and not be-
fore; and 10 justice of the peace shall have power
jurisdiction to try any such warrant before the
expiration of the twelve months from the issuing
of the same; pr0rjdcd that the defendant or de-
PENDANTS residents of this State; and all exc
cutiOns issued by justice of the peace shall be
made returnable twelve months from the issuing
Of the same; and upon the trial Of any such warrant
u; her party may appeal from the judgment to the
next succeeding Fall term of the superior Court
of the county where the warrant is tred, by giving
security as is now provided by law in case Of APP
peal from justices judgments; but if the defend
ant or defendants make oath that he or they are
unable to give security for the amount ofthe judy
and cost, hen the justice shall grant the APP
peal without security, and return the paper with
such affidavit to the next Fall term Of the Superior
Court Of sand county, when the defendant shall
enter his plea, and the case shall be continued
over and not stand for trial until the next succeed
ing Fall term of said court.
See H. Be it further enacted, That if any
sheriff, clerk or officer shall violate any of the
provisions Of this act he shall forfeit the sum of
two hundred dollars, to be recovered by any per-
son 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 dis
erection of the court.
Sec 10 BE it further enacted, That all deeds
of trust and mortgages hereafter made. and judy
ments confessed, to secure debts shall lie void as
to creditors unless it is expressly declared there
in that the proceeds Of sale Hereunder shall be