Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1866-03-15
An Act 10 change the Jurisdiction of the Court
md the Rules of Pleading therein.


SECTION l. BE enacted by the General assembly ofH
State Of North Carolina and IS hereby enacted J H
a9 1a6g 4s so"e That from and after the LIST Of July
exclusive original jurisdiction to hear, try and dctcmn
and arn ont oo of eones entered
fore the first day of May, in the year 1865 except when
nothing herein contained shall prevent Court of Pleas
and Quarter Sessions from empanneing Jury to try
Procded 71er That all writs debts assumpsit coy
enant and account issued to Spring Term 1866 shall be-
all SUITS conrdcu the defendant defendants shall
be allowed six months from the return term to plead
demur.
SEC. BE further cudced That i'll all cases COMMITTEE
the exclusive jurisdiction of the Superior Courts Of
courts it shall be tho duty of the court give the dc
when the shall stand for trial other suits in al
other suits may be brought and prosecuted to judo
SEC 3 Be 1e eacted That in ali cases as af
have been heretofore taken, may be hereafter taken
the Superior Courts and upon which executions ha}r
other officer IN whose hands such executions have Deem
be placed for collection to endorse levy upon the
sy the same, and return such executions without mak
sale; and upon said return, it shall be the duty Of the
UedOni erponas teri tacias at the election Of the
plaintiff returnable to the next term of the court for
executions upon Judgments heretofore taken shall be IT,
turnable in like manner and shall issue for the like pro
in this section shall be held to revive dormant judgment
SEC 4 BE tnre5 e. That upon the return Of
sixty days before that term of the court which held
months from the term to WHICH such execution was
turned, to issue another rendtoi eron0s or t5 tci
at the election of the plaintiff returnable to said term
onefourh OF the remainder OF the sum recovered and in
terest thereon and upon said return shall be the duty
of the clerk sixty days before that term of the w
held twelve months after said return to issue
aforesaid for onehalf of the remainder of the
covered and interest thereon and upon said RETURN it sa
be the duty OF the clerk sixty days before that term o
which is held twelve after said return to
execution as aforesaid for the remainder of the
recovered and interest thereon: Lrottded, That if tbs
defendent shall pay into office, file before the clerk
receipt from the plaintiff therefor of said nst
aforesaid, in such execution shall be stayed for said
lpstslment And Rrontded Jrtts' That the judgm@
said Judgment is satisfied, tho lien discharged by tn
SEC s. Be ttuttea enacted, That SO much of the It'll
section, chapter 1O5 of the Revised Code as subjects
D int to penalty of one HUNDRED nc dS dollars for not
repealed except as provided in this act, to all penal
ties which may be alleged to have been incurred by
pliance with the provisions of this act.
SEC g. Be- f,ufte enacted That it shall be the duty
be in their hands, issued upon Judgments heretofor
rendered by magistrates and to return the togc
with said evies to the justices of peace who issued m
same, to other magistrate in said county who's
duty it shall be- the application of the plaintiff
issue oeada'on eTPonGs returnable not sooner than
twelve months from the date thereof and for the like pro-
portion of the recovered herein before prcscrb
execution issued from the Superior Courts, and
from twelve moths to twelve months until the iudgmc
is satisfied PrOCided, hOtcerer That when there
personal property not sufficient to satisfy the plaintiff
demand, it shall be the duty of such officer to levy tho
personal property the shall have been exhausted
by sales as herein directed to return the to the
Superior Court OF the county, where the proceedings
shall be had as Ill cases oto8mal jurisdiction in enforcing
payment by execution
warrants issued by justices of the peace where the pro
ceeding is not by attachment, shall be made retunab
rant and not before and justice of the peace shall hav
power jurisdiction to Try any such before
expiration of twelve months from the issuing of
PIOCided That the defendant resident of the STATE
and all executions issued by justice of the peace shall
h6 fha nf
same and upon trial of such warrant either party may
hP 4 from % hG to 70 the next suececd
now provided by law, in of appeal from jus.
tees Indictment and upon Judgment there had @cco
given by magistrate, and no appeal thereirom, exc
time, and for tho like proportion of the sum rccoyed
as herein before provided where suit is brought in the
before justice justices for any forcible entry
detainer, or against any other person holding over
where jurisdiction has heretofore been given or may
hereafter be given to ono or more justices by existing law
may be prosecuted to Judgment execution in the maj
ner prescribed by law prior to the 18th September
or as provided in any act acts touching such wrong
and comforting such jurisdiction
SEC g. Be further enacted That ifany Sheriff. Clerk or
shall forfeit the of two hundred dollars to be rccoy
State, and shall also be subject to Indictment for m
meanOr.
Sec 9, BE it FURTHER enac'ed That none of the prov
so1s OF this act shall apply to the collection Of the Stat
or County revenue or repeal of the existing modes
reedes provided by law for the collection of the
SEC TO- BE further enacted, That the tax fec upon
justices judgments, rcturnable to the Superior Court
shall be the same as is now taxed i'll the several County
Courts.
Sec II. Be it further enacted, That the time of -four
years be extended to executors and administrators who
IN TO settle tho estates OF their testaors intesate
further time i'll which to plead, the discretion Of TIE
courts -.
SEC II. BE further enacted That the provisions OF
this act extending the time of pleading and the OF
T. Revised Code entitled attachment But procecding-
may pc stuted ana prosecuted to Judgment and eXecn
any act or acts since passed. concerning attachments
heretofore brought under any existing law returnabe
the next Fall Term of any Superior Court of El
courts instituted after the next Spring Tern Of said
courts and shall tic proceeded with according to the pro-
visions of this act
Sec. II. BE tto1hc, enacted That an act entitlrd
An act to change the jurisdiction Of the courts and the
rules of pleading ratified the 18th day of SeptemJc
1851 and also an act entitled can act to restore the
courts and for other purposes ratified the 18th Decc
Der 1863 be and the same are hereby repealed and c
cept as herein otherwise provided full jurisdiction civil
and criminal conferred in the County Courts and
SAID superior Courts of Law and Equity in the Revised
That of the provisions of this act save the first
section thereof shall apply to suits upon the official bond
OF sherls coroners constables Clicks of the County an
debts contracted since the first day of May 1865 but m
remedy in such cases shall remain as it existed in @
year 1860 .. -
SEC. 15 Be further enacted That in all suits broug
any Bank of the State, by any assignee or endorse
may be lawful for the defendant OF defendants to set or
by pleas OF on trial. any note issued by said bank it
branches whether the same has been presented for pay
ment or not any law or usage to the contrary notw-
standing but said plea of set off, set off on trial shall
not avail to carry costs against the plaintiff unless the
brought Prouided That this act shan not apply any
deDt reduced by the scale of depreciation Of COnedcr
currency lRdtJSed the tenth day Of March, 1866.
An Irish glazier was putting pane of glass into
llNry TrIn H. II, l-S