The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1866-07-03

nrsf entering his assent to said return 4: And
provided further, That such assent and return
shall not prejudice any lien the plaintiff may
then have by virtue of said & ia vendIioni
exponas: Provided further, That at Spring
Term, 1868, the defendant upon paying one
fifth of the residue of the judgment or decree
and costs shall have indulgence in like manner.
Sec. IL. Be it further ordained, That upon
all warrants before Justicessof the Peace for a
demand (prineipal aud iuterest) of S25 or less,
should the defendant pay ons-6fth to- the plain
tiff to the collecting officer for his use, he
shall be allowed six months to plead and at the
expiration of said six months, should he pay as
aforesaid one-half Of the residue, he shall be al
lowed six. more to plead, aud at the expiration
of said six months plaintiff shall have judgment
and execution for the residue. Upon demands
(princpal and interest) Of less than $50 and
more than S25, the defendant shall be allowed
twelve months instead of six, on each pay ment
Provided, That the plaintiff shall file his claim
in writing, and if the defendant, on oath, shall
deny the same, or present a counter claim, the
Justice shal! proceed to try the same. Upon
! Judgment the defendant shall be allowed stay
of execution for six or twelve months, as the
case may be, upon paying one-htth, and after
wards one-half, as before judgment: Provided,
That all Justices judgments for $50 or more,
not dormant, shall be transmitted, together with
! the warrant other papers, by the Justice to
Spring Term, 1867, of the Superior Court, and
notice thereof shall be given the defendant at
least twenty days before Court and in the Su-
perior Court the same proceedings shall be had
as on udgments from the County Court, accord
| ing to Section of this ordinance.
Sec. IL. Be it further ordained, That all
wrIs of scire facias to subject bail, issued from
the Superior County Courts upon judgments
in actions of debt, covenant, assumpsit or ac-
count, snail be returned to Spring Term, 1867
of the Superior Courts and should the tenth,
| fifth aHd half of the dgments be paid from
Spring Term to Spring Term, time to plead
shalt be allowed, according to section Of this
ordinance.
Sec. 13. Be ID further ordained, That this
ordinance shall not apply to judgments for costs
only.
Sec IA Be it further ordained, That this
ordinance shall not apply to the remedies for
the collection of Town, County or State Revenue
| Sec. Is. Be it further ordained, That this
! ordinance shall not apply to proceedings by at
| tachment, unless the defendant replevy and give
bail, and then and in that case the proceedings
shall be subject to the provisions of this ordi-
nance if commenced by writ or warrant.
| Sec. l6 Be it further ordained That where
| the action is by or on behalf of infants, still
| minors at the return term, and the interest ex-
eeeds onc-tenth, the first payment shall be in
| creased to the amount of interest due, not to
| exceed one fifth of the whole debt.
/ Sec II. Be it further ordained, That the
| provisions Of this ordinance shall not be con-
strued to extend to any debts or demands con-
tracted, or penalties incurred, since the fret day
| of May A. d 1866, or which may be here
| after contracted incurred, but that the
remedies for the recovery of the same shall be
in oil cfs sir tn for hn
| recovery of debts which were in force 10 the
year 1860
Sec Is Be it further ordained, That any
creditor, attempted to be defrauded as set forth
in sec. l, chap. so, Revised Code, may, without
obtaining judgment at law, file his bill IN Equi-
| ty, and said Court is hereby authorized and en-
powered to direct proper issues to be made up
| and tried, and to make such orders and DEGREES
as to right and justice may appertain; and said
proceedings shall not affect the creditors right
| to proceed at the same time at law and any
surety, befor, paying the debt of his principal
thus attempting to defraud his creditors, may
institute proceedings ip equity, in like manner,
to the end that he may obtain relief.
Sec l9: Be it further ordained, That every
executor or administrator shall file, on oath, at
the termination of two years from the time Of
| his qualification, full statement Of his receipts
and disbursements and the condition of the
assets, particularly setting out all money collect
ed and hoo disbursed, and on motion the Court
may allow further time to settle the estate, from
year to year, not exceeding three years: Provi-
ded, That on each motion to extend the time
| a supplemental statement shall be filed Proyi
ded, That any creditor next OF kin may. op-
pose said motion, and if the statement is not
full and fair, file interrogatories which the exec
utors or administrators shall answer, before his
motion for time is allowed: Provided further,
That the Court may also extend the time for
pleading Provided further, That all executors
or administrators, who have heretofore qualified,
shall be allowed until the County Court next
after the first of January, 1867 to file his state
ment. q
Sec. 20. Be it further ordained, That all
acts, and parts of acts, suspending the operation
of the statutes of Limitation in the Revised Code,
are hereby repealed, except as herein provided
Provided, That the time elapsed since the first |
day of September, one Thousand eight hundred
and sixty-one, barring actions or suits, or pre-
suming the satisfaction abaDdonment Of rights
shall not be counted And provided further,
That nothing contained in this ordinance, or o
the acts hereby repealed, shall be SO construed
as to prevent judgments from becoming dormant
Sec 2l Be it further ordained, That any
Sheriff, Clerk, or other officer, falling to execute
any of the provisions of this ordinsnce, when
the execution thereof devoives on him, or issu-
ing, receiving, or executing any process what
ever contrary to the provisions of this ordinance
shall be subject to penalty Of five hundred
dollars, to be recovered Ly rule of Court as pen
| alties sad fines we're recovered in 1860.
Sec %. Be it further ordained, That in all
actioos brought by any bank or other corpora