Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1866-06-28
STAY Law.
AN ORDINANCE TO CHANGE THE JURIs-
DICTION OF THE COURTS, AND THE
RULES OF PLEADING THEREIN

RULES OF PLEADING THEREIN.
SEC. l. Be 1t ordained by The people of North
Carolina, in C0ncenon assembled, and 1t is hereby
ordained by authority Of the same That the iurisdic
son of the several Courts of the State, and of JUS
tees of the Peace, except provided in this ordi
nance, 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, unless otherwise herein provided,
shall have exclusive original jurisdiction to hear,
try and determine al; actions of debt, covenant,
assumpsit or account where the sum, due ow
ing, amounts principal and INTEREST," to sixty dol
lars or more.
Sec 3. Be ntta4her ordained, That all writs in
debt, covenant, assumpsit or account shall be re-
turnable to Spring Term, and 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
demand principal and INTEREST," land 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 plaintiff into Court to
his use one-fifth of the residue of the debt or de-
mand and cost, he shall be allowed until the sue
ceeding Spring Term to plead. At the said Spring
Term, should the defendant pay to the plaintiff,
into Court to his use, one-alf 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 P1ouaded hoac-
erer, That the plaintiff if required, shall file his
debt demand in writing, and if the defendant
| shall make oath that the whole any Il;
of is not justly due, that he has counter claim
all of which shall be particularly set forth by aft
davit then the defendant shall only pay the in
stalment required, of what he admits to be due,
and the Court shall order jury, at the same OF
some subsequent term to try the matters in dis
pute between the parties, and at the next Spring
Term the defendat shall be allowed time to plead
only upon payment of one-fith of the residue of
| the admitted amount, and whatever the Jury may
find him indebted over and above the same Pro-
pided further, That should the defendant fail to
pay the first or any subsequent instalment then
and in that the plaintiff shall be entitled to
proceed to jud gment and execution according to
the course of the Court in 1860.
Sec 4 Be further ordained, That all suits in
actions OF debt, covenant, assumpslt or account
issued to Fall Term Of the Superior Courts shall
be returned by the Sheriffs to Spring Term,
1867 and all actions of debt, covenant ass1mpsit
or account now pending in the Superior Court,
shall be continued to Spring Term, and if the de
defendant has entered his plea, he shall be allow
ed to withdraw the same, and take the benefits of
section of this ordinance. y
| Sec 5. BE ii further ordained, That dormant
judgments shall only be revived 10y actions of debt
and every scire facias to revive a judgment shall
| be dismissed motion PT0oided That those
now issued shall be dismissed at the cost of the
debtor.
Sec. 5. BE ii further ortzained That the Clerks
of the several County Courts shall transfer all ac-
tiOns of debt, covenant assumpsit, account, now
pending i'll 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 said actions shall stand if originally in
stituted in that Court.
Sec. 7. Be ii further 0rldned That the Clerks
of the several County Courts if requested SO to do
| by the plaintiffs, sixty days before the Spring
| Terms 1867, of the Superior Courts, shall trans
NIT to said Spring Terms certified copies of the
| judgments in actions of debt, covenants assump-
sit account entered the dOckets of their
Courts, together with the wrlts of tieri facas or
venditioni exponas issued thereon, and shall issue
| NJ thereof TO he dafaO1antS wi
shall be served at least thirty days before the said
Superior Courts At the Spring Terms aforesaid,
the Courts shall, on motion order the said iudg-
ments to be entered on the minute dOckets, pro-
vided the not dormant when transmit
ted from the County Courts, and on such entries
being made, the said judgments shall be taken and
held to be judgments of the Superior Courts and
WritS of fieri facias and vendtiOni eXpOnas ay
sue, as provided in section 10 of this ordinance
| following the writs transmitted from the County
Courts and preserving the ens as if issued by the
same Court.
| Sec 8. Be it further ordained That the Sheriff
in each county shall return all wrts of eri facias
and venditioni exponas issued from the County
Court on Judgment in actions of debt, covenant,
assumpsit account to the next term of said
Court without sale and shall return all writs of
Fl ia venditiOnl exponas issued on similar Judg
ments from the Superior Court or DEGREES of the
Court of Equity on money demanded to Spring
Term, 1867, without sale.
| Sec. 9. Be at further ordained That writs of
| fl ia or venditioni exponas judgments in &C
| lions of debt, covenants, assumpslt or account
shall hereafter issue from the County Courts, nor
shall said writs on such judgments 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 plaintiff may proceed according to the regular
course of the Court
| Sec. TO- he Hfa1tter ordained That no writs of
fl ia or venditoni exponas judgments in &C
tions of debt, covenant, assumpst account, or
DEGREES for money demands in Equity shall issue
from Spring Term 1867, without permission of
Court, and should the defendant within the first
| three days pay one-tenth of the Judgment or de-
cree and costs then the writ shall be credited
one tenth, issued and Immediately returned g In
dulged - PrOoided No plaintiff shall be allowed
to take the said onetenth without first entering
his assent to said return And prouided ft0tHer
That such assent and return shall not prejudice
any lien the plaintiff may then have by virtue of
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 49,. 49, d.
| Sec II. Be 1t further ordained, That upon all
warrants before Justices of the Peace for de-
mand principal and INTEREST," Of $25 or less should
the defendant pay oneffth to the plaintiff or to
the collecting officer for his use, he shall be al
lowed 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 allowed six more
to plead and at the expiration of said SIX months
plaintiff shall have Judgment and execution Tor the
residue Upon demands (principle and INTEREST,"
of less than $50 and more than $25, the defendant
shall be allowed twelve instead of six, each
payment Prouided, That the plaintiff shall file his
claim in writing, and if the defendant on OATH
shall deny the same, present counter claim
the Justice shall proceed to try the same. Upon
Judgment the defendant shall be allowed stay OF