The tri-weekly standard. [volume] (Raleigh, N.C.) 1866-1868, 1867-02-28
The Stay Law.

COURTS AND THR RULES OF PLEADN
THEREIN.
SECTION 1. Be it enacted By the General A
sena5ly Of the State Of North Carolina amt
is hereby enacted By the authority Of the sam
That all warrants issued by Justice OF til
Peace in civil cases, shall not be returnabl
within twelve months after the execution {
the same. before some Justice of Peace fo
the county.
SEC. 2. Be 1T further enacted, That the il
risdiction of Justices Of the Peace shall cS
tend to one hundred dollars, principal mon
ey, on all bonds, bills, promissory notes or &C
counts stated, and shall extend to sixty do
lars principal money, upon accounts TO
goods, wares and merchandise sold and Gle
livered or for work and labor done, or TO
specific articles, and all balances ofsixty dol
lars and under, due on such last mentioned
debts or demands, and on all judgments rem
dered thereon and on all forfeitures andpen
alties not exceeding one hundred dollars
PrOcided, That this section shall not be con
strued to take from the Courts the jurisdic
ton in cases of less than one hundred dol
lars. upon which writs have been issued PR
or to the ratification of this act.
SEC. 3. BE it further enacted, That al
warrants issued by Justice of the Peace
for any debt or demand within his jurisdic
ton, according to the provisions of the above
section: Pr0ridct, That said debt or de
mand is due upon any contract, whether by
bond or note or liquidated account, or any
parol agreement made orcntered into. and due
prior to the 1st day of May 1865, shall not be
returnable for trial, within twelve months
atterthe execution of the same, and at the re-
turn of the same, if the defendant or defend
ants shall pay to the plaintiff, his agent or at
torney or to the officer executing the war
rant, one tenth of the principal and interest,
and all costs that may have accrued thereon,
he, she or they, may have twelve months
longer to plead, at the end (which time being
again notified of the time and place of trial,
if the defendant or defendants shall pay one
fifth Of the principal, interest and costs, lie,
she, or they shall have twelve months longer
to plead at the end of which time, if the de-
fcndent or defendants shall pay one half of
the residue of said claim, he, she, or they shall
have twelve months longer to plead, at the
end OF which time the plaintiff shall have
Judgment for the remainder: Proeaed,
That executions on Justices judgments on
debts contracted prior to May LIST. 1865, al
ready rendered, shall be stayed for twelve
months from the date of the ratification of
this act.
SEC. 4. Be 1t further enaeted That on all
debts contracted since the first dav of May.
1865, and all warrants Issuing for the same,
shall! be returned and tried according to the
provisions OF the Revised Code, chapter sixty
two. (62) and the remedy in all such cases
shall be tie same as in 1860.
SEC .. BE 1t TNjther eRarto7. That all
r;+ Of
sit or account, issued to Fall Term, 1866, or
Spring Term, 1867, Of the Superior Court,
shall he returnable to Spring Term, 1868,
and all of said actions now pending in the
Su,,e ior Court shall be continued to Spring
Term, 1868: Procidcd. That the Sheriff
shall not be allowed in any case to levy exc
cutiOn before the first day of January sue
ceeding the rendition Of Judgment
SEC. 6. Bs it tuytdcr cRocteQ, That all
writs in debt. covenant, assumpsit or account,
shall be rcturnahle TO Spring Term Of the
Superior Court. and shall be served at least
thirty days (Sundays incuded) before the re-
turn day. Ii during the return term, the
defendant pay TO the plaintiff, or into Court
for his use, one tenth OF the debt or demand
principal and INTEREST," and all costs 20 that
line, he shall be allowed until next Spring
Term to plead. At the said Spring Term |
should the defendant pay to the plaintiff, or
mo Court for his use, one-tfth of the residue |
md costs. he shall be allowed until the sue !
,eeding Spring Term to plead: ut the said |
Spring Term should the defendant pay to the |
plaintiff or Into Court for his use, one
lalt OF the residue, he shall be allowed |
Until the succeeding Spring Term to
dead: Procided hoperer, the plaintiff if
equired shall file his debt or demand
n writing, and il the defendant shall make
ath that the whole Or any part thereof is
lot justly due, or that he has counter claim,
Il of which shall be particularly set forth by
ttidavit, then the defendant shall only pay
he lnstalement required of what he admits
D be due, and the Court shall order jury
t the same or subsequent Term to try the
matters IN dispute between the parties, and
the next Spring Term the defendant shall
e allowed to plead only upon the payment
one fifth of the residue of the admitted
mount, and whatever the Jury may ind him
ldcbted over and above tie same: Pr0rile1
trther, that should the defendant fail to pay
le first or any subsequent instalmcnt. then
nd IN that case, the plaintiff shall be entitled
Judgment and execution for said instale-
tent: Prvciacd hOnecer, any debtor tender
lg or paying to his creditor on any debt
prior to the first day of Nav A.
T. 1865, the one tenth of his Indebtedness
ithout suit having been brought on the
me, the said one tenth shall be entered as
credit on the evidences of said indebted
IS; thereafter the remainder of said indeb-
dness shall not be sued on for twelve months
ter the payment ortender of said one-tenth.
SEC. 18th. Be 1t further enacted, That so
UGH of the ordinance of the Convention.
,ssed on the 23d of June 1866. as shall
me In conflict with this act, together with
other laws coming in conflict with the
me, be, and the same are hereby repealed
SEC: 8. Be it .fnjfher enacted, That the
ne elapsed or elapsing from the twentieth
" of May, 1861. until the first day of JAN
Try 1870, shall not be counted SO as to bar
lions, or suits, or to presume satisfaction
abandonment OF rights.
SEC. 0. Be it further enoctn7, That this
shall be in force from and after it's rati-
alton
RATIFIED February 18th. 1867.
r. Y. McADEN. S. IL C0mnons
NJ. Z. MANLY, Speaker Senate.
STATE OF NORTH CABOT TINA