The weekly North-Carolina standard., 1866-03-21
certify that the foregoing is true copy
of the original on file in this office.
R. w. BEST.
t Secretary of State. sI
THE STAY Law.

| ~ ,.sfi II. w. BEOI.
| Secretary of State. esI
4e7 R9 THE STAY LAW.
| AN ACT TO CHANGE THE JURISDICTION OF
THE COURTS AND THE RULES OF PLEADING
| THEREIN.
Be it enacted BIZ the General assembly Of the
State of North Carolina and 1t is hereby enac-
ted 5v the authority of the same. That from
and after the first day of July eighteen hun
dred and sixty-six, the several superior
courts oflaw shall have exclusive original
jurisdiction to hear, try and determine all
cases ofa civil nature, not cognizable before
Justice ofthe peace, and arising out of con-
tracts entered into before the first day of
May, in the year eighteen hundred and sixty
five, except when the proceeding shall be by
attachment: Proeidea, That nothing herein
contained shall prevent a court Of pleas and
quarter sessions from empannelling jury to
try controversies respecting wills upon issues
1eoisaoa gel non Prooided further, That all
writs of debt, assumpsit, covenant and ac-
count issued to Spring term 1866 shall be
returned Fall term, eighteen hundred and
sixty-six,; Prorided further, That in all suits
ea-contyactu the defendant or defendants shall
be allowed six, months from the return term
to plead and demur.
Belt fMther enacted, That in all cases COM
mitted to the exclusive jurisdiction of the
superior courts of law, by section first OF this
act, when suits have already been brought,
and are now pleading in 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 as other
suits; in all other cases suits may be brought
and prosecuted to judgement according to
the regular course of the court.
Bet further enacted, That in all cases as
aforesaid, pending in superior courts, in
which judgements 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 officer in whose hands
such executions have been or may be placed
for collection, to endorse a levy upon the
property of the defendant or defendants suf-
ficientto satisfy the same, and return 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 a cenditi0ni erponas or teri .tacias,
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
executions upon udgements heretofore taken,
shall be returnable in like manner, and shall
issue, for the like proportion of the Judge
ments: Ptociied, That nothing contained in
this section shall be held to revive dormant
judgements.
Be it farther enacted, That upon the re-
turn of execution 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 of which said execution was
returned to issue another rendaioni erp0nas or
.fere faciasatthe election ofthe plaintiff, return
able to said term for one fourth of the remain
der of the sum recovered and interest there
on; and upon said return it shall be the duty
of the clerk, sixty days before that term of
the Court which is held twelve months after
said return, to issue executions as aforesaid
for one half of the remainder of the sum re-
covered and interest thereon; and upon said
return it shall be the duty of 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 oi
the sum recovered and interest thereon: Pro
rided, That if the defendant shall pay into
office or file before the clerk a receipt from
the plaintiff therefor, and any one of said in
4 stallments before the time fixed for issuing
execution, as aforesaid, in such case execution
shall be stayed for said instalment: And pro
gided further, That the Judgment shall con
stitute a lien ON the land of the defendant
until said Judgment is satisfied, or the her
discharged by the act or laches OF the
plaintiff.
BE 1t. further enacted, That so much of tht
seventeenth section, chapter one hundred ane
five of the Revised Code as subjects sheriff
to penalty of one hundred dollars for mo-
executing and returning process, be and tbt
same is hereby repealed, except as provide
in this act as to all penalties Which may b'
alleged to have been incurred by a acomplianc,
1 with the provisions of this act. -
BE 1t further enacted, That it shall be tn
duty of all constables and other officers t.
levy any exemptions which may be in thei
hands, issued upon Judgment heretofore ren
dered by magistrates and to return the SAM
together with said levies to the justices o
the peace who issued the same, or to SOM
other magistrate in said county, whose dut.
it shall be upon the application Of the plan
tiff to issue a reuditioni esponas returnabl
not sooner than twelve months from the dat
|
sum recovered as hereinbefore prescribed ol
exemptions issued from the Superior Court
and SO from twelve months to twelve months
until the judgment is satisfied P,0rided
hoacerer, That when there is no persona
property or not sufficient to Salty the plan
! tiff's demands it shall be the duty OF sucl
& officers to levy the execution on the defend
ants land, and when there is no persona
property, or the same shall have been exhaus
ted by sales as herein directed to return tn
same to the next Superior Court Of the coun
ty. where the same proceedings shall be hat
as in cases of original jurisdiction in inforc
ing payment by execution. ...se
Belt further enacted, That hereafter al
I civil warrants issued by justices of the peace
where the proceeding is not by attachmen
shall be made returnable for trial twelve
& months after the date of issuing such warran
and not before; and no JUSTICE of the peac
shall have power Or jurisdiction to try an.
II such warrants before the expiration of twelv
Z months from the issuing of the same: Pro
Is gided, That the defendant is q resident of th
!. State, and all executions issued by a justic
of the peace, shall be made returnable tweiy
{ months from the issuing OF the same; ane
upon trial of such warrant either party ma.
appeal from hejudgmcnt to the next sue
3 ceeding term of the superior court by glvln:
i. security as is now provided by law in case Q
appeal from Justices judgments; and upol
Judgments there had, according to the cours
Il of the court and upon all judgments give
by a magistrate and no appeal therefrom ex
ecution shall issue and be returnable in lik
manner and time and for like proportion Q
/ fha horo hpfo