The tri-weekly standard., 1867-03-05
The Stay Law.

THEREIN.
SECTION /. Be il enacted by the General As
se0abIy of the Stoic Of North Car0S''s9 anu a
is he,e6y enacted 1yMe authority Of the $aae m
That all warrants issued by Justice OF the
Peace in civil cases, shall not be returnable
within twelve months after the execution o
the same, before some Justice OF Peace fol
the county.
SEC. 9 Belt further enacted That the ju
risdiction of Justices of the Peace shall e.
tend to one hundred dollars, principal mon,
ev. on all bonds, bills promissory notes OF &C
counts stated and shall extend to sixty dol,
lars principal money, upon accounts tol
Goods. wares and merchandise sold and de
liyered or ior work and labor done, or tol
specific articles, and all balances ofsiXty dol
lars and under, due on such last mentioned
debts or demands, and on all judgments rem
dcred thereon, and on all iorfeitures and pen
alties not exceeding one hundred dollars
Pr0rided. That this section shall not be con-
strued to take from the Courts the Jur1sttlc-
ton in cases Of less than one hundred dol
lars, upon which writs have been issued Drl-
or to the ratification of this act.
SEC. g. 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: PrOcided, That said debt or de
mand is due upon any contract, whether by
bond or note or liquidatcd account, or any
Darol agreement made orcntercd into. and due
prior to the 1st day of May 1865, shall not be
returnable for trial, within twelve months
aftcrthe execution ofthc same, and at the re-
turn of the same, if the defendant or defend
ants shall pay to the plaintiff, his agent or at
tolncy 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 pcad,a the end ofwhich time being
anain notified Of the time and place of trial,
If the defendant or defendants shall pay one
fifth of the principal interest and costs, he,
she, or they snail 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 Prooided,
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 1. Be it further enacted, That on all
debts contracted since the first day of May,
UO,
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 rs 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, 1867, of the Superior Court,
shall be returnable to Spring Term, 1868,
and all Of said actions now pending in the
Superior Court shall be continued to Spring
Term, 1868: Provided, 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. Be it 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 inc!udcdD 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 al! costs 70 that
time he shall be allowed until next Spring
Term TO plead. At the said Spring Term
should the defendant pay to the plaintiff, or
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
plaintiff or into Court for his use, one
half OF the residue, he shall be allowed
until the succeeding Spring Term to
plead: PrOrided h0Uacer, the plaintiff if
required shall file his debt or demand
in writing, and il the defendant shall make
oath that the whole or any part thereof is
not justly due, or that he has q 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 Jury
at the same or subsequent Term to try the
matters in dispute between the parties, and
at the next Spring Term the defendant 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: Pl0ci3cG
Jurther, that should the defendant fail to pay
the first or any subsequent instalmcnt, then
and in that case, the plaintiff shall be entitled
to Judgment and execution for said instale-
ment: Pfosided horecer, any debtor tender
ing or paying to his creditor on any debt
contracted prior to the first day Of May A.
D. 1865, the one tenth Of his Indebtedness
without suit having been brought on the
same, the said one tenth shall be entered as
q credit on the evidences of said indebted
ness; thereafter the remainder of said indel,-
tedness shall not be sued on for twelve months
after the payment ortender Of said tenth.
SEC. 7th. Be ii further cnacted, That so
much of the ordinance of the Convention,
passed on the Esd Of June 1866, 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 1t .fil7t7ier enacted, That the
time elapsed or olapsing from the twentieth
day of May, 1861. until the first day of JAN
uary 1870, shall not be counted so as to bar
actions, or suits, or to presume satisfaction
or abandonment Of rights.
SEC. 0. Be 1t .turt1e1' enacted, That this
act shall be in force from and after its rati-
fication.
RATIFIED February 18th. 1867.
r. Y. MCADEN, S. II. Commons.
M. E. MANLY, Speaker Senate.
STATE OF NORTH-CAROLINA