Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1861-09-18
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STAY. Il A w /.
AN ACT TO CHANGE THE JURISDICTION
IsOF THE COURTS AND THE RULES OF

causes of civil nature whatever at heeomnon law,
which may require the Intervention Of, a jury.
SEC; 2. Be it further enacted That there shall t
be butone term of the said superior courts of Law
and equity opened and held in each Of the counties
of the State each year. which shall be holden at
the times and places now required by law for hold
ing the Fall Term of said court and all laws requir
ing the holding of the Spring term of said courts |
are hereby repealed.
SEC g. Be 1T further enacted, That all actions |
brought in the said superior of law and equity
the defendant defendants shall not be compelled
to plead thereto for twelve months from the return
term.
SEC. 4. 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 and
equity, it shall be the duty of the said court and
it is hereby required to give the defendant or deen
ants furtner time for trial until the Fall term of
1862, when the same shall stand for trial as other
suits, and in all suits which may have been hereto
fore brought returnable to the Fall term of 1861,
the defendant or defendants shall not be compelled
to plead answer thereto for twelve months.
Sec. B. BE it further enacted, That the courts OF
pleas and quarter sessions of the several counties
except the counties of Pennsylvania Clay, Mitchell
and Allegheny, each of which counties shall have
court of pleas and quarter sessions every year.
which stall 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 Allegheny on the fourth Mon
day in October IN each year, shall not have juris
diction of any civil case in which the intervention
ola jury may be necessary; and j: shall be the duty
of the clerk of said court to make up record in all
civil cases pending in the said courts of pleas
and quarter sessions, and file the same, together
with the original papers, with the clerks of the
perior courts of law, on before the fall term of
the superior courts of law in their respective
ties and it shall be the duty of the clerks of the
superior courts of law to enter the said cases upon
hplr hn Sha
for trial at the said term of the said superior court
as other cases now pending in said court
Sec. G. Be ii further enacted, That in all cases
| in which judgments have heretofore been taken in
| either the Superior or County Courts, and upon
which exec tions 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 defen-
dants sufficient to satisfy the same and return such
| executions without making sale; and upon return
it shall be the duty of the clerk to issue rendi
tOnI erp0Rus or eri tuciaS, at the election of the
plaintiff, retlrnable to that term of the succeeding
court which is held twelve months from the test of
such renditiOni erp0nas feri tacids, and that all
| alias executions upon judgments heretofore taken
shall be returnable in like manner.
| SEC Z. Be IL further enacted, That so much of
the 18th section of the 105th chapter of the Revised
Code as subjects sheriffs to penalty of one hun
dred dollars for not executing and returning process
be and the same is hereby repealed to all penal
ties incurred since the passage of bill at the last
regular session Of the General Assembly, entitled
"a bill to prevent the flee of property, and for
the relief of the people," and as to all future pen
alties
Sec S. That mol capias adj Satiydciendum shall
| issue from any of the courts or from any justice
ofthe peace upon any judgment now existing, which
may be hereafter obtained in any of the said courts
or before any justice of the peace.
Sec 9. That it shall be the duty of all conStabes
| her n levy nv VIII
be in their hands issued upon judgments heretofore
| issued by magistrates and to return the to-
geher with said evies to the justices of the peace
who issued the same, or to some other mas istrate
in said county, whose duty it shall be- upon the ap
plication Of the plaintiff, to issue UendtiOni erpo
mas not returnable sooner than twelve months from
| thedate thereof.
Sec 10. That hereafter all civil warrants issued
by justices of the peace shall be made returnable
for trial twelve months after the date of issuing
such warrant and not before; and justice of the
| peace shall have power or jurisdiction to try any
such warrants before the expiration Of twelve
months from the issuing of the same, prOcided that
the defendant defendants residents of this
State; and all executions issued by Justice of the
peace shall be made returnable twelve months from
the issuing of the same; and upon the trial OF such
warrant, either party may appeal from the judgment
to the next succeeding fall term of the superior
court of the county where the warrant is tried, by
giving security as is now provided by law, in case
of appeal from justices judgments; but if the defen
| dant or defendants make oath that he or they
unable to give security for the amount of the judg
men: and costs then the justice shall grant the ap
peal without security; and return the paper with
such affidavit to the next fall term of the superior
court of said county, when the defendant shall enter
his plea, and the case shall he continued and
not stand for trial until the next succeeding fall
term of said court.
Sec. II. That if any sheriff, clerk or other officer
shall violate any of the provisions of this act he
shall forfeit the of two hundred dollars to be
recovered by any person suing for the same in the
name of the State and shall also be subject to indct-
mert and upon conviction shall be fined or impris-
oned at the discretion of the court.
Sec. ~. That all deeds of trust and mortgages
hereafter made, and judgments confessed to secure
debts shall be void aSto creditors unless it is
pressly declared therein, that the proceeds Of sale
Hereunder shall be appropriated to the payment of
all the debts and liabilities the trustee this should
be trustOr or mo.tgagor, equally pro rata: PrOcid
ed That the provisions of this section shall not ap-
ply to sherfs or other public officers who may make
q mortgage or deed Of trust to secure securities to
| their official bond.
SEC. l3. That there shall be but term of the su-
preme court of the State which shall bc held in the
city Of Raleigh at the usual time for holding the
summer term thereof and and all laws which re-
quire the winter term of said court to be held are
hereby repealed, and the judges of the said court
are not required to hold the winter term thereof
Sec. IA. That the Morganton term of said court
shall be discontinued, and it shall be the duty of the
clerk of the court held heretofore in the town of
Morganton to transmit to the clerk the court held
in the city Of Raleigh all the records, books and
papers pertaining to said court in Morganton, on or
before the second Monday in June next, and it shall
likewise be the duty of the clerk of the court Of
Morganton to expose to sale the library at Morgan
ton Except such books thejudges of the supreme
court shall direct to be transmitted to the city Of
Raleigh at public auction to the highest bidder for
cash, and pay the proceeds into the public treasury
after repaying the amout advanced by members Of
the bar in its purchase, and, provided further that
members of the bar who have placed law books in
said library for the benefit of the court, shall be
ffod To h hnfn cal