The tri-weekly standard. [volume] (Raleigh, N.C.) 1866-1868, 1867-02-14
The STAY Law.
AN ACT TO CHANGE THE JURISDICTION OF THE
COURTS AND THE RULES OF PLEADING


l.
THEREIN.
Section 1. Be 1t enacted by the General A.
ss,n6Iv of tte.State of North Carolina and ii
is AereJy enacted by the authority Of the same,
That all warrants issued by a Justice of the
Peace in civil cases, shall not be returnablc
! within twelve months after the execution of
tile same, before some Justice of Peace for
the county.
SEC. 2. Be it further enacted, That the ju-
risdiction of Justices of the Peace shall ex-
tend to one hundred dollars, principal mon
ey, on all bonds, bills. promissory notes or &C
counts stated, and shall extend to sixty dol
lars principal money, upon accounts for
goods, wares and merchandise sold and de
livered or for work and labor done, or for
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 and pen
alties not exceeding one hundred dollars :
Provided, 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 pri-
or to the ratification of this act.
SEC. 3. Be 1T further enacted, That all
warrants issued by Justice of the Peace,
for any debt or demand within his jurisdic-
ton, according to the provisions of the above
section: Provided, That said debt or de-
mand is due upon any contract, whether by
bond or note or liquidated account, or any
parol agreement made or entered into. and due
prior to the list day of May 1865, shall not be
returnabIe for trial, within twelve months
after the 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 Of which time being
again notified of tue time and place of trial,
if the defendant or defendants shall pay one
fifth Of the principal, interest and costs, he,
she, or they shall have twelve months longer
to plead, at the end of which time if the de
PENDENT 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: Prouided,
That executions on justices judgments on
debts contracted prior to May 1st, 1865, al
ready 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 contracted since the first day 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 the same as in 1860.
Sec. 5. Be it further enacted, That all
writs in actions of debt, covenant, assump-
sit or account, issued to Fall Term, 1866, or
Spring Term, 1867, of the Superior Court,
shall be returna,le to Spring Term, 1868,
and all of said actions now pending in the
Superior Court shall be continued to Spring
Term, 1868: Proujded, 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 G. Be 1t further enacted, That all
writs in debt, covenant, assumpsit or account,
shall be returnable to Spring Term of the
Superior Court, and shall be served at least
thirty days Sundays includeG before the re-
turn day. If 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 to that
time. he shall be allowed until next Spring
Term to plead. At the said Spring Tern,
should the defendant pay to the plaintiff, OF
into Court for his use, one fifth of the residue
and costs, he shall be allowed until the sue,
ceeding Spring Term to plead; at the said
| Spring Term should the defendant pay to the
! plaintiff or into Court for his use, one
half of the residue, he shall be allowed
until the succeeding Spring Term tc
plead: Prorided ho,oeuer, the plaintiff il
! required shall file his debt or demand
in writing, and ii the defendant shall make
oath that the whole or any part thereof is
not Justly due, or that he has counter claim
! all of which shall be particularly set forth by
affidavit, then the defendant shall only pay
| the instalemcnt required of what he admits
| to be due, and the Court shall order q Jury
at the same or subsequent Term to try thu
matters in dispute between the parties, ant
at the next Spring Term the defendant shall
| be allowed to plead only upon the paymen
of one fifth of the residue of the admitted
amount, and whatever the Jury may find hin
indebted over and above the same: Pr0ridec
further, that should the defendant fail to pa,
| the first or any subsequent instalment, ther
and in that case, the plaintiff shall be entitled
to Judgment and execution tor said instale
ment Provided hoaoeper, any debtor tender
| ing or paving to his creditor on any deb
contracted prior to the first day of May A
| D. 1865, the one tenth of his indebtedness
without suit having. been brought on thu
same, the said one tenth shall be entered a
credit on the evidences of said indebted
ness; thereafter the renlaindeSof said indeb
tedness shall not be sueci on for twelve month";
after the payment or tender of said one
tenth.
| SEC. 7th. Be it further enacted, That 81
much of the ordinance Of the Convention
passed on the Odd of June 1866, as shall
come in conflict with this act, together will
all other laws coming in conflict with TIN
same, be, and the same are hereby repealed
| SEC. 8. BE it FURTHER enacted, That tn
time elapsed or elapsing from the twentieth
day of May, 1861. until the first day of Jan
uary 1870, shall not be counted SO as to ba
| actions, or suits, or to presume satisfaction
| or abandonment of rights.
SEC. 9. Be it FURTHER enacted, That thi
act shall be in force from and after its rati
| fication.
RATIFIED February 18th. 1867
R. Y. McADEN, s. H. Commons.
NJ. E. MANLY, Speaker Senate.
STATE OF NORTH-CAROLINA