The tri-weekly standard., 1866-06-14

for honesty will pass away forever Man
needs alway the prayer lead us not IN
TO temptation The committee, therefore,
deem indulgence not only just and right, but
polite and wise.
While the condition of the debtors has
been thus fully considered, the rights OF the
creditors have not been overlooked, and the
committee have attempted to adjust the
rights of each, so that all may look forward
hopefully to a final settlement.
The committee submit the accompanying
ordinance, and unanimously recommend its
passage, hoping that it may be deemed Just
to all, and that its adoption may stay any
tendency of the popular mind towards that
great moral and political evil, reputation
fespees1Soyl aFo. HOWARD, Chairman.
AN ORDINANCE TO CHANGE THE JURIsDIc-
TION OF THE COURTS, AND THE RULES OF
PLEADING THEREIN.
SECTION l. Be 1T ordained by the people Of
North Carolina, in Convention assembled, and
1T is hereby ordained By authority Of the same,
That the Jurisdiction of the several Courts of
the State, and of Justices of the Peace, ex-
cept as provided in this ordinance, shall be
as in the year 1860.
SEC. 2. Be it further ordained, That the
several Superior Courts of Law at the Spring
Terms thereof only, shall have exclusive
original jurisdiction to hear, try and deter
mine all actions of debt, covenant, assumpsit
or account, where the sum due or owing
amounts (principal and interesD to sixty
dollars or more.
SEC. 3. Be it further ordained, That all
writs in debt, coyenan, assumpsit or account
shall be served at least thirty days Sundays
includeD before the return day. Within the
first three days of the return term, should
the defendant pay to the plaintiff, or into
court to his use, one-tenth of the debt or de-
mand (principal and interesD and all costs
to that time, he shall be allowed until next
Spring Term to plead. At the said Spring
Term, should the defendant pay to the plain
tiff, or into Court to his use, one-ffth of the
residue of the debt or demand and cost, he
shall be allowed until the succeeding Spring
Term to plead AT the said Spring Term,
should the defendant pay to the plaintiff, or
into Court to his use, one-half of the residue
of the debt or demand, he shall be allowed
until the succeeding Spring Term to plead.
At the said Spring Term the plaintiff shall
have judgment for the residue of his debt or
demand: Procided, ho1oerer, That the plain
tiff, if required, shall file his debt or demand
in writing, and if the defendant shall make
oath that the whole or any part thereof is
not lastly due, or that he has counter claim,
all of which shall be particularly set forth
by affidavit, then the defendant shall only
pay the instalment required, of what he ad-
mits to be due, and the Court shall order
jury, at the same or some subsequent term
to try the matters in dispute between the
parties, and at the next Spring Term the de-
fendant shall be allowed time to plead only
upon payment of one-fifth of the residue of
the admitted amount, and whatever the jury
may find him indebted over and above the
led not ch
defendant fail to pay the first or any subse-
quent instalment, then and in that case the
plaintiff shall be entitled to proceed to judg-
ment and execution according to the course
of the Court in 1860.
Sec. 4. Be at further ordained, That all
suits in actions of debt, covenant assnmpsit
or account issued to Fall Term Of the Supe-
rior Courts, shall be returned by the Sheriffs
to Spring Term, 1867, and all actions of
debt, covenant, assumpsit or account, now
pending in the Superior Court, shall be con-
tinued to Spring Term, and if the defendant
has entered his pleas, he shall be allowed to
withdraw the same, and take the benefits of
section of this ordinance
SEC. 5. Be 1T further ordained, That dor
mant judgments shall only be revived by
actions of debt, and every scire facias to re-
viye Judgment shall be dismissed on mo-
ton: Prooided, That those now issued shall
be dismissed at the cost of the debtor
Sec. 6. Be it further ordained, That the
Clerks of the several County Courts shall
transfer all actions of debt, covenant. as
sumpsit or account, now pending in their
respective Courts, to the Spring Term, 1867,
OF the Superior Courts, and the said Spring
Term shall be deemed the return term there
of and the said actions shall stand as if origi
nally instituted in that Court
Sec. z. Be 1T further ordained, That the
Clerks of the several County Courts, if re-
quested so to do by the plaintiffs, sixty days
before the Spring Terms, 1857, Of the Supe-
r1or Courts, shall transmit to said Spring
Terms certified copies of the judgments in
actions of debt, covenants, assumpsit or ac-
count entered On the dockets of their Courts.
together with the writs of fieri facias or ven
uuom exponas issued thereon, and shall is
sue notices thereof to the defendants which
notices shall be served at least thirty davs
before said Superior Courts. At the Snrino
Terms aforesaid, the Courts shall on motion
order the said judgments to be entered on
the minute dockets, provided the same were
not dormant when transmitted from the
County Courts, and on such entries beino
made, the said judgments shall be taken
and held to be judgments of the Superior
Courts, and writs of fieri facias and ven
dltioni exponas may issue, as provided in
section 10 of this ordinance, following the
"ileS HOH Tue county Courts
and preserving the liens, as if issued by the
same Court.
~ SEC; 8. Be 1t further ordained, That the
SnerlH IN each county shall return all writs
OF herl faelas and venditioni exponas issued
rom tne county Court on judgments in ac-
tions OF debt, covenant. assumnsit or ac-
count to the next term Of said Court. with
out sale; and shall return all writs ~ 6 g ~,
Yenditioni exPonas issued on similar : indo ,n ~
ments from the Superior Court OF DEGREES e Of
the Court of Equity on money demand 70 ~,
Spring Term, 867, without sale. ''''iN W
See. o. Be 1T further ordained, That NO
writs of f' ia or yenditioni exponas iude.
ments in actions of debt, covenants, ASSUME.
sit or account shall hereafter issue from the
County Courts, nor shall said writs on such
jndgments issue from or to the Fall Terms
of the Superior Courts. except in cases where
defendant fails to comply with the provisions
Of this ordinance, and it is directed that
GJA4EQ @sH-