The weekly North-Carolina standard. [volume] (Raleigh, N.C.) 186?-1869, 1866-07-04
STAY LAW.
fNANCE TO CHANGE THE. JURISDICTION
GOURTS AND TIE RULES OF PLEAD

: AN on NANCE TO CHANGE THE. JURISDICTION
QE COURTS AND TIE RULES OF PLEAD
SING HEREIN
sn<L Be At o,auined byMe paep,c Of Worth Carolina,
assembled, and IS he,tby olained By etho,i
W IF sdme That the jurisdiction of the several Courts of
the and of Justices of the Peace, except provided in
H1s nance, shall be as in the year 1860.
E4& BE further ordained, That the several Superior
H Of Law, at the Spring Terms thereof only, unless
otb>rwse herein provided shall have exclusive original urs
con to hear try and determine all actions Of debt
&nt. aasumpst account, where the sum, due owing
Ao4unts principal and nterest) to sixty dollars
&Ec3 BE 1t further oyained That all w1ts in debt, Gov
sqant aumpsit shall be returnabe Spring
Term and be served at least thirty days Sundays included
before the ren day. Within the first three days of the
turn term, should the defendant pay the plaintiff into
Court to his onetenth of the debt demand principal
and nteres and all costs to that time he shall be allowed
unt Spring Term plead At the said Spring Term
should the defendant pay the plaintiff Court his
oneh of the residue of the debt demand and COST
ne shall be allowed until the succeeding Spring Term
plead AT the said Spring Term should the defendant pay
to the plaintiff into Court his use onehalf 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 forthe residue of his debt
or demand Pooide however, That the plaintiff, if requir
ed shall file his debt demand in writing and if the deen
dant shall make oath that the whole any part thereof
not justly due that he has counter clam all OF which
shall be particularly set forth by affidavit then the defendant
shall only pay the instament required Of what he admits to
be DUE and the Court shall order jury, the
subsequent term try the in dispute between the
parties and the Spring Term the defendant shall be
allowed time plead only upon payment Of oneth of the
residue of the admitted amount and whatever the jury may
find him indebted and above the same Provided
asAer That should the defendant fail pay the first any
subsequent instamen then and in that the plaintiff
shall be entitled proceed to judgment and execution
cording to the of the Court in 1860.
Sec f. Belt further Odaaned That all writs in actions OF
debt covenant asumpsit or issued Fall Term Of
the Superior Courts shall be returned by the Slers
Spring Term 1861, and all actions of debt covenant amp
sit pending in the Superior Courts shall be
continued Spring Term and the defendant has entered
q his 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 be revived by actions of debt and every
acas to revive Judgment shall be dismissed motion
rosaed That those issued shall be dismissed the
cost of the debtor.
8SEc g. Be 1t further ordained, That the Clerks of the
County Courts shall transfer all actions OF debt
ssumpst account pending in their respective
to the Spring Term, 1867, of the Superior Courts
said Spring Term shall be deemed the return term
and the said actions shall stand if originally
lted in that Court.
l. l. Be 1T further ordainea That the Clerks of the
ral County Courts, if requested so to do by the plaintiffs
y days before the Spring Terms, 1861, of the Superior
urts shall said Spring Terms certified copies
the judgments in actions of debt covenant assumps OF
count entered the dockes of their Courts together with
wrs of feyi acas or rendito erponas issued thereon
shall issue notices thereof to the defendants which notices
be served at least thirty days before said Superior Courts
the Spring Terms aforesaid, the Courts shall, motion
the said judgments to be entered on the minute dockes
i1ed The not dormant when transmitted from
county Courts and such entries being made the sale
shall be taken and held to be judgments of thu
ior Courts and writs of feri fuchs and condition
may ISSUE provided in section 10 Of this ordinance
ing the writs transmitted from the County Courts
irving the liens, as if issued by the same Court.
g. Be 1T further ordained, That the Sheriff in eacl
shall all writs of feri tacias and condition
issued from the County Court on judgments in action
covenant assumpsit account to the next term Q
IT, without sale and shall return all writs of f ia o
ecponas issued similar judgments from tn
Court or DEGREES Of the Court of Equity on none
to Spring Term. 1857, without sale.
Be at further Orddined That no writs of f ia
ecponas on judgments in actions of debt, covenan
it or account shall hereafter issue from the Count
IT'S nor shall said wrts such judgments issue from
o the Fall Terms Of the Superior Courts except in
where defendant fails comply with the provisions Of TIL
ordinance and it is directed that plaintiff may proceed
cording to the regular Of the Court
Sec 10. Be 1T further ogdained That wrs of ia
pedon5 ponas on judgments in actions of debt covenan
assumpst account DEGREES for money demands Equ
shall issue from Spring Term, 1857, without permission
Court and should the defendant within the first three day
pay onetenth Of the judgment decree and COSTS then til
writ shall be credited oneenth issued and Immediately
turned Induged": Prouided No plaintiff shall be above
to take the said oneenth without first entering his
said return: And proyided further, That such
shall prejudice any lien the plaintiff may then hav
by virtue of said # ia venOoma egponas: Pavv0e
FURTHER That at Spring Term 1863 the defendant upon pa