The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1866-03-20
THE STAY LAW.


an act to change the jurisdiction Of the
courts and the rules Of pleading therein.
Be it enacted by the General Assembly of
the State of North Carolina, and it is hereby
enacted BY the authority OF the Same, That from
and after the first day Of July Ell hteen hundred
and sixtysix, the several superior courts OF law
shall have exclusive original jurisdiction to hear,
try apd determine all cases Of a civil nature, not
cognizable before justice of the peace, and
arising out of contracts entered into before the
first Day Of May, in the year eighteen hundred
and sixty five, except when the proceeding shall
g., be, sy attachment, Provided: That nothing
herein contained shall prevent court OF pleas
nad quarter sessions from empannelling jury
30 try controversies respecting wills upon issues
deyisavit vel non Provided further, That all
,writs of debt, assumpsit, covenant and ACCOUNT
ISSUED to Spring Term, 1866, shall be returned
Fall term, eighteen hundred and sixty six ::
Provided further, Tnat iu all suits ez-contractu
the defendant or defendants shall be allowed
six months from the return term to plead or de-
muir.
Be it further enacted, That in all cases COM
mit.ed to the EXCLUSIVE jurisdiction of the supe-
rior courts of lay, by section fret of this act,
now pending 10 any Of the said courts, it shall
be the duty of the court to give the defendant
further time for trial until the Fall term OF
eighteen hundred and sixty six, when the same
shall stand for trial other suits; in all other
cases suits may be brought and prosecuted to
judgment according to the regular course OF the
court.
Be it further enacted That in all cases as
aforesaid, pending in superior courts, in which
judgments have been heretofore taken, or may
be hereafter taken, in the Superior courts, and
upon which executions have issued or may issue,
it shall be The duty of the Sheriff or other OH
Ger in whose hands such executions have been
or may be placed for COLLECTION, to endorse
levy upon the property of the defendant or de-
PENDANTS sufficient to satisfy the same, and re-
turn such executions without making sale;
and upon said returns, it shall be the duty OF
the clerk, sixty days before the next term of the
court to issue venditioni ex, onas or eri facias,
at the election of the plaintiff, returnable to the
next term of the court for the costs and one
fifth of the sum recovered; and all alias eZecu-
tions upon judgments heretofore taken, shall be
returnable in like manner, and shall issue tor
the like proportion of the judgments: Provi-
ded, That nothing contained in this section
shall be held to revive dormant judgments.
Be it enacted, That u pom the return of exc
Sution as aforesaid, it shall! be the duty of the
clerk, sixty days before that term Of the court
which is held twelve months from the term to
which such execution was returned, to issue an
other uendittoni erponds or tfere tdctds, at the
election Of the plaintiff retprnable to SAID tern
for one fourth of the remainder q tue sun re-
covered and interest thereon; and upon said re-
turn it shall oe the duty of the clerk, sixty days
before that term of the Court which is held
twelve .months after said return, to issue execu-
tons as aforesaid for one half of the remainder
of the sum recovered and interest thereon; and
upon said return it shall be the duty c. the clerk
sixty days before that term of the court which
is held twelve months after said return, to issue
execution as aforesaid for the remainder of the
sum recovered and interest thereon: Provided,
That if the defendant shall pay into Office or file
before the clerk a receipt from the plaintiff
therefor, and any one of said instaments, be-
fore the time fixed for issuing execution, as
aforesaid, iD such case execution shall be stay
ed for said installment: AID provided further,
That the judgment shall constitute lien on
the land of the defendant until said judgment
- satisfied or the lien discharged by the act or
lsches of the plaintiff.
Be it further enacted, That so much of the
seventeenth section, chapter one hundred and
five of the revised code, as subjects a sheriff to
penalty of one hundred dollars for not execu-
ting and returning process, be and the same is
hereby repealed, except provides 10 this act
as to all penalties which may be alleged to have
been incurred by compliance with the provis-
ions of this act.
Be it further enacted, That it shall be the
duty of all constables and other officers to, levy
any executions which may be in their hands,
issued upon judgments heretofore rendered by
magistrates, and to return the same together
with said levies to the JUSTICES of the peace Rho
issued tie same, or to some other magistrate in
said county, whose duty it shall be, upon the
application of the plaintiff to issue yenditioni
exponas, returuable not sooner than twelve
months from the date thereof and for the like
proportion OF the sum recovered as hereinbefore
prescribed on executions issued from the Supe-
rior Court, and SO from twelve mont hs to twelve
months until the judgment is satisfied. Provi-
.ded, however, That when there is no personal
property or not sufficient to satisfy TIE plaintiff
demands, it shall Be the duty Of such officers to
levy the execution on the defendants land, and
when there is no persopal property, or the same
shall have been exhausted by sales as herein
directed, to return the same to tia neSt Superi-
or Court of the county, where the same proceed
ings shall be had as in cases of original juris-
diction in enforcing payment by execution.
Be it further enacted, That hereafter civil
warrants issued by justices of the peace, where
the proceeding is not by attachment, shall be
made returnable for trial twelve months after
The date of issuing such warrant and not before;
and no justice of the peace shall have power or
jurisdiction to try any such warrants before the
expiration of twelve months from the issuing of
the same; Provided, That the defendant is a
resident of the State; and all executions issued
BY justice OF the peace, shall be made return
able IL months from the issuing of the same;
and upon trial OF such warrant either party may