The tri-weekly standard. [volume] (Raleigh, N.C.) 1866-1868, 1866-06-28
THE SEA y IT, a w.
AN ORDINANCE TO CHANGE TIE j RIS 5}9r IIl
OF TILE COURTS AND THE RULES OF. PLEAD
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OF THE COURTS AND THE RULES OF PLEAD
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SEorroN Be 1t ordained By the people Of North- Caro1sm9
IN Conat;os assembled hereby ordained dy a"fn0'
tn of same That the jurisdiction of the several Courts OF
the State and Justices of the Peace except as
this ordinance, shall be as in the year 1860.
Sec BE 1t FURTHER ordained, That the several superior
Courts of Law at the Spring Terms thereof only unless
herein provided shall have exclusive original Jurs
dicton to hear try all actions OF debt coven
ant. assulnpsit account where the sum- oue OF o"g
amounts prncipal and interes to sixty dollars OF more
SEo Be 1T further ord0aaed That all writs in debt Gov
nant assumpst or account shall be reurnabe to Spring
Term and be least thirty days Sundays ncuded
before the day Within the first three days OF the re-
turn term should the defendant pay to the plaintiff OF INTO
Court to his USE onetenh of the debt demand principal
and interestA and all that tme he shall be allowed
until next Spring Term plead AT the said Spring Iel1n
should the the plaintiff into Court to MS
USE oneh of residue of the debt demand and COST
he shall be allowed until the succeeding Spring Term to
plead At Spring Term, should the defendant pay
to the plaintiff Court to his oneaf OF the resi-
due of the debt demand he shall be allowed until the
succeeding Spring Term plead At the said Spring Term
the plaintiff shall have Judgment for the residue OF his debt
or demand: Proui however, That the plaintiff it requ1r-
ed shall file his debt demand in writing and the deen
dant shall oath that the whole any part thereof
that he has counter claim, all OF which
shall be particularly set forth by affidavit then the defendant
shall only pay required, of what he admits to
be DUE and the Court shall order jury at the some
subsequent the matters dispute between the
parties the Spring Term the defendant shall be
allowed time plead upon payment OF onefth OF the
residue of the admitted amount and whatever the jury may
find him indebted and above the same Pro0a0ea,
FURTHER That should the defendant fail to pay the first or any
subsequent insament then and in that case the plaintiff
shall be entitled to proceed Judgment and execution
cording to the of the Court in 1860.
SEC Beet further oqaiae That all writs in actions of
debt covenant asumpsit account issued to Fall Term OF
the Superior Courts shall be returned by the Sherfs to
Spring Term 1861 all actions of debt covenant
account pending in the Superior Courts shall be
continued Spring Term and if the defendant has entered
pleas he shall be allowed to withdraw the and take
the benefits of section of this ordinance.
SEC s. Be further ordained, That dormant judgments
shall only revived by actions of debt and every sce
cias revive judgment shall be dismissed notion
P1ovd That those issued shall be dismissed at the
cost of the debtor.
Sec Be 1T further ordained, That the Clerks of the
County Courts shall transfer all actions of debt
nan asunpsit account pending their respective
Courts to Spring Term, 1861 of the Superior Courts
and the said Spring Term shall be deemed the
thereof and the said actions shall stand if originally
instituted in that Court
SEC Be further ordained, That the Clerks Of the
several County Courts if requested do by the plaintiffs
sixty days before the Spring Terms 1867 of the Superior
Courts shall transmit to said Spring Terms certified copies of
the judgments in actions of debt covenant assumpsit
entered the dockets of their Courts together with
the wrts of era ac0s eponas issued thereon
shall notices thereof the defendants which notices
shall be served at least thirty days before said Superior Courts
At the Spring Terms aforesaid the Courts SHALL notion
order the said judgments to be entered the doces
Po0d The not dormant when transmitted from
the County Courts and such entries being made the said
judgments shall be taken and held to be judgments of the
Superior Courts and writs of ias and venditionS
eOnGs may provided in section 10 of this ordinance
following the transmitted from the County Courts and
preserving the liens if issued by the Court
Sec s. Be 1T further ordained, That the Sheriff in each
County shall return all writs of r acias and Uenitioaai
oas issued from the County Court judgments in actions
of debt covenant assumpsit the of
said Court without sale and shall all # ia or
vendtioua issued similar judgments from the
Superior Court DEGREES of the Court Of Equity money
demands to Spring Term, 1867, without sale.
SEQ 8. Belt further orduiaeQ That Wrts Of f ia or
judgments in actions of debt covenant
assumps account shall hereafter issue County
Courts shall said wrts such judgments issue or
the Fall Terms of the Superior Courts except cases
where defendant fails to comply with the provisions of
ordinance and is directed that plaintiff may proceed
cording the regular of the Court y - ~
SEC TO- Be further ordained, That wrts of f or
vos judgments in actions of debt covenant
assump DEGREES for money demands EQUITY
shall issue from Spring Term 1851 without permission of
Court and should the defendant within first three DAYS
pay oneth of the judgment and COSTS then the
writ shall be credited oneenh issued Immediately
turned Indulged Pooided No plaintiff shall be allowed
to take the said oneenth without first entering his
said return: Ind pro0ided FURTHER That such assent and