The weekly North-Carolina standard. [volume] (Raleigh, N.C.) 186?-1869, 1866-07-04

VI PioooIG 0ouitC CdIul CtStCe Pooccu W ~
the Upon judgement the defendant shall be allowed
stay of execution for twelve months the may be-
upon paying oneh, and afterwards onealf before udg
ment P0ced, That all Justices judgments for $50 or
more, not dormant shall be transmitted together with the
warrant or other papers, by the Justice to Spring Tem 1861
OF the Superior Court and notice thereof shall be given the
defendant at least twenty days before Court and in the
Superior Court the proceedings shall be had udg
mens from the County Court according to section Of this
ordinance
SEC r. BE IT. further oraaaed That all writs of scle
tacias to subject ball. issued from the Superior County
Courts upon judgments in actions of debt covenant assump
sit account shall be returned to Spring Te 1861 of the
Superior Courts and should the tent fifth and half Of the
Judgments be paid from Spring Term to Spring Term, time
to plead shall be allowed according section of this ord-
ance.
Sec 49, Be 1t further oraa,ed That this ordinance shall
not apply to judgments for costs only
Sec. A. Bet further o1dained That this ordinance shall
not apply to the remedies for the collection of Town. County
or State Revenue.
Sec Is. Bet further oyaed That this ordinance shall
not apply to proceedings by attachment unless the defendant
replevy and give ball. and then and in that the proceed
ngs shall be subject to the provisions of this ordinance if
commenced by writ warrant.
Sec 16 Be tather 0adaaed That where the action is
by behalf of infants still minors at the return term and
the interest exceeds onetenth the first payment shall be
creased to the of interest DUE to exceed one
of the whole debt
Sec II. BE 1t further oraained That the provisions of this
ordinance shall not be construed extend any debts
demands contracted penalties incurred since the first day
Of May d., 1862 which may be hereafter contracted
incurred but that the remedies for the recovery the
shall be in all respects similar the remedies the recovery
OF debts which were in force in the year 1860
SEC Is BE 1t further ordained, That any creditor at
tempted to be deauded set forth in section chapter so
Revised Code may without obtaining Judgment at law, file
his bill in Equity, and said Court is hereby authorized
empowered to direct proper issues be made up and tried
and to make such orders and DEGREES to right and Justice
may appertan and said proceedings shall not affect thu
creditors right to proceed at the time law and any
surety before paying the debt of his principal thus attempting
defaud his creditors may institute proceedings in equity
in like manner to the end that he may obtain relief
SEC. 10. Be 1t tther ordained That every executor
administrator shall file, OATH at the termination of tw
years from the time of his qualification full statement
his and disbursements and the condition of the
particularly setting all collected and how disbursed
and notion the Court may allow further time settl
the estate, from year to year, exceeding three years
Pr0oad That each motion to extend the time supple
mental statement shall be filed Poced, That any credito
next of kin may oppose said notion and the
is not full and fair file heterogeneous which the executor
administrator shall answer before his motion for time
allowed Procided FURTHER That the Court may also exten
the time for pleading: Provided further, That all executor
administrators, who have heretofore qualified shall
allowed until the County Court after the Januar
1861, to file their statement.
Sec 90 Be 1t further ordained That all acts and parts
acts supenng the operation of the of limitation
the Revised Code hereby repealed except herein pr
vided: Prooide That the time elapsed since the first da
of September thousand eight hundred and sixtyon
barring actions SUITS presuming the satisfaction
abandonment of rights shall not be counted AnG pr0pd
further, That nothing contained in this ordinance tt
hereby repealed shall be construed prevent
ments from becoming dormant.
Sec 81. Be 1t further orOaiaed That any Sheriff. Cea
other officer falling any of the provisions of ii
ordinance when the execution thereof devolves him,
issuing receiving executing process whatever contra
the provisions of this ordinance, shall be subject
atty of five hundred dollars to be recovered by rule Of Cu
as penalties and fines were recovered in 1860
Sec 90 Be further ordained That in all actions brou
by any bank other corporation having exercised bank
privileges by any assignee endo1see officer of
bank corporation it shall and may be lawful for the
PENDANT set off by plea trial any note or certic
of deposit issued by said bank its branches or other
poraion whether the has been presented for
or not any law usage to the contrary Notwithstanding
said plea of off, set off trial. shall not avail to cal
costs against the plaintiff unless there has been tender
such payment before suit brought Provided That shor
the defendant require the debt to be scaled according
scale Of depreciation of Confederate currency, then and
that case the said certificates of deposit shall
r a set off in any manner.
SEC %. Be further ordained, That AN Act to chan
, the Jurisdiction of the Courts and the rules Of pead1
If ratified the 18th day Of September, 1885, act EMIT
can Act to the Courts and for other purposes
fed the 18th December 1862 also, act entitled An
to change the Jurisdiction of the Courts and the rules
pleading therein" ratified the 10th OF March, A. D. ~
and all laws in conflict with this ordinance be and the
are hereby repealed.
e Sec "a Be 1T further ordained, That the General Asse
bly, shall have no power to repeal alter modify this ord
ance until the third Monday Of November, 1868 and