The tri-weekly standard. [volume] (Raleigh, N.C.) 1866-1868, 1867-02-12
THE STAY LAW.

AN ACT TO CHANGE THE JURISDICTION OF The
COURTS AND THE RULES OF PLEADING
THEREIN.
SEC. 1. Be it enacted By the General As-@
sena6ly Of the State Of North Carolina and ~
is hereby enacted by the authority Of the same,
That all warrants issued by Justice OF the
Peace in civil cases, shall not be returnable
within twelve months after the execution of
the same, before some Justice of Peace for
the county.
SEC. 2. Be 1T further enacted, That the jul
risdiction of Justices of the Peace shall ex-
tend to one hundred dollars principal mon
CIV, on all bonds, bills, promissory notes or &C
counts stated, and shall extend to sixty dol
lars principal money, upon accounts Tor
goods, wares and merchandise sold and de
livered or for work and labor done, or Tor
specific articles, and all balances OF sixty dol
lars and under, due on such last mentioned
debts or demands, and on all judgments rem
dered therein, and on all forfeitures and pen
alties not exceeding one hundred dollars
P,,ocided, That this section shall not be con-
strued to take from the Courts the JurIsd1c-
ton in cases of less than one hundred dol
lars upon which wrts have been issued pri-
or to the ratification of this act.
Sec. 8. 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: ProUided, 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 1st day of May 1865, shall not be
afterth 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 OF 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 being
again notified of the time aud 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-
fendent 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: Provided,
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 1T further enacted, That all
writs in actions of debt, covenant, assump-
sit or account, issued to Fall Term, 1866, or
Spring Term, 1857 of the Superior Court,
shall be returnable to Spring Term, 1868,
Ill -,
Superior Court shall be continued to Spring
Term, 1868: PrerideR, That the Sheriff
shall not he allowed in any case to levy exc
eution bssosf " first day - JsnuaRr sue
ceeding the rendition Of judgnci.ee.
SEC. 6. Be it FURTHER enacted, Th& all
writs in debt, covenant, assunipsit or account,
shall be returnable to Srsing Term of the
Superior Court, and shall he served at least
thirty days Sundays included) before the re-
turn day. If during the return term, the
defendant pay to the plaintiff. 81 into Court
for his use, one tenth of the delft or demand
principal and interesD and all costs TO that
time, he shall be allowed until next Term to
plead. At the said Spring Term should the
defendant pay to the plaintiff,eor into Court
for his use one fifth of the residue and costs,
he shall be allowed until the succeeding
Spring Term to plead at til 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 to
plead: Provided hosce7er, the plaintiff if
required shall file his debt or demand
in writing, and If the defendaxt. shall make
oath that the whole or any psrt thereof is
not justly due, or that he has u counter claim,
all of which shall be particularly set forth by
affidavit, then the defendant shall only pay
the instalement required OF what he admits
| to be due, and the Court shall order Jury
ut the same or subsequent Term to try the
matters in dispute between tbe parties, and
at the next Spring Term the Sesendant shall
be allowed to plead only upon the payment
of one fifth of the residue Of the admitted
amount, and whatever the Jury may find him
indebted over and above the same: Pruuided
further, that should the defendant fail to pay
the first or any subsequent iastalment, then
and in that case, the plaintiff shall be entitled
to Judgment and execution tS said instale-
ment: Pvpided hoperer, anydebtor tender
ing or paying to his creditor on any debt
contracted prior to the first dsy of May A.
D. 1865, the one tenth of bis Indebtedness
without suit having been brought on the
same, the said one tenth shall be entered as
credit on the evidences of said indebted
ness; thereafter the remainder of said indeb-
tedness shall not be sued on for twelve months
after the payment or tender of said one
tenth.
SEC. 18th. Be it further enacted, That so
much of the ordinance of the Convention,
passed on the 23d Of June 1865, as shall
come in conflict with this ACT together with
all other laws coming in conflict with the
same, be, and the same are hereby repealed
Sec. 8. Be it further eaaacted, That the
time elapsed or elapsing FROM the twentieth
day of May, 1861. until the fsst day of Jan
uary 1870, shall not be counted SO as to bar
actions, or suits, or 20 presnsSs satisfaction
or ahapdonss 1t ef rights
| act shall bssik force ffoni aHa sfss isti-
fcation. -lssstial
RELATIVE SPEED.-The seloeisy Of ship
| is from to 10 miles an hour of race
horse from 30 to 40 miles; OLA bird, from 80
| to 60 miles; of the clouds in Sioient hurri-
cane, 80 to 100 miles of sound, s23 miles
of cannon ball, as found hyS experiment,
from 600 to 1000 miles of tlieearth round
the sun, $4,000 miles, or more than d hnnd-
red times quicker than a cannon kal; OF
light, about 800, 900, 600 miles. passing from
the sun to the earth, go, 080, 600 miles in
| about eight minutes, or million times
swifter than q cannon ball; while the ex-
| ceeding velocity of the thoughts the hu-