The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1867-02-26
THE NEW STAY LAW.

IN Aet to change the Jurisdiction Of the Courts ana tie
Rules Of Pleading therein.
Section /. Be it enacted by the General Assembly
of the State of North Carolina, and it is hereby en-
acted by the authority OF the same, That all wal
rents issued by Justice of the Peace In clFlI eases
shall not be returuable within twelve months altef
the execution of the same, before some justice u
Peace for the county. -.
Sec. 2. Be it further enacted, mat the
ton of Justices of the Peace shall exteno ~ ono
hundred dollars, principal money, on all pohuS;
bills, promissory notes or accounts s'a'eu' anu "
extend to sixty dollars prIntIPal money upon ae
conn,s for goods wares and merchandise sold ana
dalirared T for work and labor DONE for speclhc
articles and all balances of sixty dollars and UNDER
dne on such last mentioned debts or demands, ana
on all judgments rendered therein and on ali ior-
faitures and penalties not exceeding one huadred
dollars: Provided, That this section shall not be
construed to take from the courts the jurisdiction
in cases of less than one hundred dollars, upon
which writs have been lsSued PRIOR 10 the IatiI4o"
ton of this act
Sec 8 Be it further enacted, That all warrants
issued BIZ a Justice of the Peace, for any DEBT or
demand within his jurisdiction, according 20 the
provisions of the above section: Provided, mat
said debt or demand is due upon any contract,
whether by bond or note or liquidated account or
any parol agreement made or entered INTO ana que
prior to the lst day of May 1863, shall not be re-
turnable for trial within twelve months after the
execution of the same and The return of the same,
If the defendant defendants shall pay TO the
plaintiff, his agent or attorney or to the oihcei fA
ecutinp the warrant, tenth OF the prnCipaI anu
interest and MI that may have accrued there
on, he, she or they, may have twelve months longer
to plead, at the end of which being again notified
Of the time and place of trial, if the defendant or
defendants shall pay one fifth of the princaI inte-
rest and costs, he, she or they shall have twelve
months longer plead at the end Of which time, If
the defendant 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 re-
ynainder: Provided.
judgments debts contracted prior 10 May lst,
1865 already rendered, shall be stayed for twelve
months from the date of the ratification OF this act
Sec 4. Be it further enacted, That on all debts
ted since the first day of May, 1865, and all
warrants issuing for the same, shall be returhed
and tried according the provisions of the Revised
Code, chapter sxtytwo, icy and the remedy in all
such cases shall be the in 1860.
Sec s. Be it further enacted, That all writs in &C
tions of debt covenant assumpsit or account issued
TO Fall Term, 1866, or Spring Term, 1867, of the
Superior Court shall be nable Spring Term,
1868, and all of said actions now pending IN the
Superior Court shall be continued to Spring Term,
1865: Provided, That the Sheriff shall not be al
lowed in any 10 levy execution before the first
day of January succeeding the rendition ofJudg-
ment.
Sec 6. Be it further enacted, That all writs in
debt, covenant assGmpsit or account, shall! be re
turnabie to Spring Term Of the Superior Court, and
shall be served at least thirty days (Sundays nclu-
ded) before the return day. II during the return
term, the defendant pay to the plaintiff, or into
court for his use, tenth of the debt or demand
principal and INTEREST," and all costs to that time,
he shall be all ,wed until next Term to plead Al
the said Spring Term should the defendant pay to
plaintiff, or into court for his use, one filth of the
residue and costs he shall be allowed until the
ceeding Spring Term plead at the said Spring
Term should the defendant pay to the plaintiff or
into court for his use, half of the residue, he
shall be allowed until the succeeding Spring Term
to plead Provided however, the plaintiff if required
shall file his debt demand in writing and if the
defgQ0a1 shall q whole 0
part thereof is not justly due, that he has
claim, all of which shall be particularly set forth
by affidavit, then the defendant shall only nay the
inStalment required of what he admits to be due,
and the court shall order Jury at the or sub
sequent Term to try the matters in dispute between
the parties and at the Spring Term the defen-
dant shall be allowed to plead only upon the pay
meut of one fifth of the residue of the admitted
amount, and whatever the Jury may find him in
0ebted over and above the same: Provided further
that should the defendant fail pay the first any
subsequent instalment then, and in that case, the
plaintiff shall be entitled to Judgment and execu-
ton for said nstament Provided however, any
debtor rendering paying to his creditor any
debt contracted prior to the first day of May A. d.
1865, the one tenth of his Indebtedness without
suit having been brought the same the said one
tenth shall be entered c. edit the evidences
ofsad indebtedness thereafter the remainder OF said
Indebtedness shall be sued on for twelve months
after the payment or tender of said one-tenh
Sec Z. Be ii further enacted, That much of the
ordinance of the Convention passed on the 23i of
June lSG6, as shall in conflict with this act
together with all other laws coming in conflict with
the same, be- and the same hereby repealed.
Sec 8. Be it further enacted, That the time
elapsed or elapsing from the twehtieth day of May
1861, until the first day of January 1870 shall not
be counted as to bar actions, suits to pre-
Rume satisfaction abandonment of rights.
Sec 9. Be it further enacted That this act shall
be in force from and after its ratification
Ratified February II, 1867.