The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1866-07-03
THE NEW STAY LAW.
an Ordinance to change the Jurisdiction Of
the Courts, and she Rules Of Pleading


the Courts, and The Rules Of Pleading
therein.
Section l. Be it ordained by the people OF
North Carolina, 10 Convention sembled, and
it is hereby ordained by the authority of the
same, That the jurisdiction of the several
Courts of the State, and of Justices of the Peace,
except as provided 10 this ordinance, shall be as
in the year 1860.
Sec. 2. Be it further ordained, That the sew
eral Superior Courts of Law, at the Spring Terms
thereof osly, unless otherwise herein provided,
shall have. exclusive original Jurisdiction to
hear, try and determine all actions Of debt cove
sant, assampsit or account, where the sum, due
or owing, amounts principal aud interest} to
sixty dollars or more.
Sec. 3. Be it further ordained, That all writs
10 debt, covenant, assumpsit or account shall be
returuable to Spring Term and be served at least
thirty days lSundays included before the re
turn day. Within the first three days of the
return term, should the defendant pay to the
plaintiff, or into Court to his use, tenth of
the debt or demand (principal and inferest) ard
all costs to that time, he shall be allowed until
next Spring Term to plead. Atthe said Spring
Term, should the defendant pay to the plaintiff
or into Court to his use, fifth of the residue
of the debt or demand ard cost, he shall be
allowed until the succeeding Spring Term to
plead. At the said Spring Term should the
defendant pay to the plaintiff, or into Court to
his use, one-haf of the residue of the debt or
demand, he shall be allowed until the succeed
ing Spring Term to plead. At the said Spring
Term the plaintiff shall have judgment for the
residue of his debt or demand: Provided, how
ever, That the plaintiff, if required, shall file
his debt or demand 10 wiring, aod if the defen-
dant shall make oath that the whole or any par:
thereof is not justly due, or that he has coun-
ter claim, all of which shall be particularly set
forth by affidavit, then the defendant shall only
pay the instalment required, of what he admits
to be due, and the Court shall order jury, at
the same or some subsequent term, to try the
matters in dispute between the parties, and at
the next Spring Term tie defendant shall be
allowed time to plead only upon payment of one
fifth OF the residue of the admitted amount, and
whatever the jury may find him indebted over
and above the same: Provided further, That
should the defendant fail to pay the first or any
subsequent instalment, then and in that case the
plaintiff shall be entitled to proceed to judg-
ment and execution according to the course OF
the Court in 1860.
Sec. 4: Be it further ordained, That all suits
in actions of debt, covenant, assumpsit or ac
count issued to Fall Term of the Superior Courts
shall be returned by the Sheriffs to Spring
Term, 1867, and all actions of debt covenant
assumpsit or account, now pending in the Supe-
rior Court, shall be continued to Spring Term
and If the defendant has entered his pleas, he
shall be allowed to withdraw the sane, aud take
the benefits of section of this ordinance.
Sec Be it further ordained, Tba: dormant
judgments shall only be revived by actions of
debt, and every scire facias to revive judg gment
shall be dismissed on motion: Provided, That
those now issued shall be dismissed at the cost
of the debtor.
Sec. e. Be it further ordained, That the
Clerks of the several County Courts shall trans
fer all actions Of debt, covenant, assumpsit or
account, now pending in their respective Courts,
to the Spring Term, 1867, of the Superior
Courts, and the said Spring Term shall be
deemed the return term thereof, and the said
actions shall stand as if originally instituted in
that Court.
Sec. 7. Be it further ordained That the
Clerks of the several County Courts, if request
ed SO to do by the plaintiffs, sixty days before
the Spring Terms, 1867, of the Superior Courts
shall transmit to said Spring Terms certified
copies of the judgments in actions Of debt, COW
enants, assuHpsit account entered on the
dockets of their Courts, together with the writs
of feri facias or venditioni exponas issued there
on, and shall issue notices thereof to the defend
ants, which notices shall Le served at least thirty
days before said Superior Courts. At the Spring
Terms aforesaid, the Courts shall on motion Or
der the said judgments to be entered on the
minute dockets, provided the same were not
dormant when transmitted from the County
Courts, and on such entries being made the said
judgments shall be taken and held to be judg-
ments of the Superior Courts and writs of feri
facias and venditioni exponas may issue, as pro-
1lol S.,c 0oet f,I1
the wrts transmitted FROM the County Courts
and preserving the 1iene as if issued by the same
Court.
Sec 8. Be it further ordained, That the
Sheriff liz each county shall return all wrirs of
feri facias and venditioni exponas issued from
the County Court on judgment in actions OF
debt, covenant, assunpsit or account to the next
telm of said Court, without sale; and shall re-
turn all writs of f ia or venditioni exponas
issued on similar judgments from the Superior
Court or DEGREES of the Court of Equity on mo-
ney demanded to Spring Term, 1867, without
sale.
Sec g. Be it further ordained, That no writs
of Fl ia or venditioni exponas on judgments 10
actioos of debt, covenants, assompslt or account
shall hereafter issue from the County Courts,
nor shall said writs on such judgments issue
from or to the Fall TerBs 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 ac-
cording to the regular course of the Court.
Sec. 10. Be it further ordained, That no writs
OF ia or venditioni exponas on judgments IN
actions of debt, covenant assumpsit or account,
or DEGREES. for money demands in Equity shall
Issue from Spring Term. 1867, without permis-
sion of Court, and should the defendant within
the first three days pay one-tenth of the judg-