Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1866-06-28

and then and in that case the proceedings shall be
subject to the provisions of this ordinance as If
commenced by writ or warrant. -. &1a
Sec. 16. Be 1t further ordained That where the
action is by or on behalf of infants, still minors
at the return term, and the interest exceeds one
tenth, the first payment shall be increased to the
amount of interest due, not to exceed one-ifth of
the whole debt.
Sec II. Be 1t further ordained, That the pro-
visions of this ordinance shall not be construed to
extend to any debts demands contracted, or
penalties incurred, since the first day of May,
A. D., 1865, or which may be hereafter contracted
incurred, but that the remedies for the recovery
of the shall be in all respects similar to the
remedies for the recovery of debts which were in
force in the year 1860. ~ .-s css ,,.
Sec Is. Be it further ordained, That any cred
tor, attempted to be defrauded set forth in sec
ton l, chap. SO, Revised Code may, without
obtaining Judgment at law file his bill in Equity
and said Court is hereby authorized and empow-
cred 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 pro-
ceedings shall not affect the creditors right to
proceed at the time at law and any surety,
before paying the debt of his principal thus at
tempting to defraud his creditors, may institute
proceedings in equity, in like manner, to the end
that he may obtain relief.
Sec 10. Be 1T further ordained, That every ex-
ecutor administrator shall file, 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 collected and
how discussed, and on motion the Court may al
low further time to settle the estate from year to
year, not exceeding three years Prooided, That
on each motion to extend the time, a supplement
tai statement shall be filed Prooided That any
creditor or next of kin may oppose said motion,
and If the statement is not full and fair file inter
rogatories which the executors administrators
shall answer, before his motion for time is allowed :
P,'ovited further, That the Court may also extend
the time for pleading Prooided further, That all
executors administrators, who have heretofore
qualified, shall be allowed until the County Court
next after the first of January, 1867, to file his
statement sl''. ..' -.- +-.+
Sec 20. BE ii further ordained, That all acts
and parts of acts suspending the operation of the
the statutes of limitation in the Revised Code are
hereby repealed, except as herein provided Pro-
Uitled That the time elapsed since the first day
OF September, one thousand eight hundred and
sixty-one, barring actions SUITS or presuming
the satisfaction abandonment of rights shall not
be counted And proceeded further, That nothing
contained in this ordinance, or in the acts hereby
repealed shall be construed as to prevent iudg-
ments from becoming dormant. s1r. 3 .- -s@
SEC. Il. he IL further ordained, That any Sher-
if, Clerk, other officer failing to execute any
of the provisions of this ordinance, when the exc
eution thereof devolves on him, issuing receiv-
ing or executing any process whatever contrary
to the provisions of this ordinance, shall be sub
ect to penalty of five hundred dollars to be re-
covered by rule Of Court, as penalties and fines
were recovered in 1860.
Sec %. BE ii further Ordofned That in all ac-
tions brought by any bank or other corporation
having exercised banking privileges, or by any
assignee or endOrsee officer of said bank
poration, it shall and may be lawful for the de-
PENDANT to set off by plea or on trial any note or
certificate of deposit issued by said bank or its
branches OF other corporations, whether the same
has been presented for payment not, any law
or usage to the contrary but said
plea of set off, set off trial. shall not avail to
carry costs against the plaintiff unless there has
Pr0oded That should the defendant require the
debt to be scaled according to the scale of depre
citation of Confederate currency, then and in that
case the said notes certificates of deposit shall
not be a set off in any manner.
SEC. %. Be it further ordained, That can Act
to change the jurisdiction of the Courts and the
rules CT pleading" ratified the 18th day of Sep
TENDER, 1861 act entitled can Act to restore
the Courts and for other purposes, ratified the
Nth December, 1868; also act entitled &C An
Act to change the jurisdiction of the Courts and
the rules of pleading therein" ratified the 10th
of March, A. D., 1866, and all laws in conflict
with this ordinance, be and the same are hereby
repealed
Sec. "a. Be 1t further ordained, That the Gen
eral Assembly shall have power to repeal, alter
or modify this ordinance until the third Monday
of November, 1868, and this ordinance shall take
effect and be in force from and after it's ratifica
ton
Adopted by the Convention, June 21, 1866