The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1867-02-19

Section 9th-that the act shall be in force from
and after its ratification.
THE NEW STAY LAW.
An Act to change tie Jurisdiction of the Courts and the
Rules Of Pleading theresa. -
Section l. Be it enacted by the General Assembly
OF the State of North Carolina and it hereby en-
acted oy the authority Of the same, That all war
rents issued by Justice of the Peace in civil cases,
shall not be returnab1e within twelve months after
the execution of the same, before some Justice of
Peace for the county.
Sec. .. Be it further enacted That the jurisdic-
ton of Justices of the Peace shall extend to
hundred dollars, principal money, on all bonds,
oiis promissory notes accounts stated and shall
extend to sixty dollars principal money, upon
counts for goods, wares and merchandise sold and
delivered for work and labor done or for specific
articles, and all balances of sixty dollars and under,
Que on such last mentioned debts or demands, and
on all judgments rendered therein, and on all for
ieitnres and penalties not exceeding one hundred
dollars: Provided, That this section shall not be
construed to take from the courts the jurisdiction
In cases of less than hundred dollars, upon
which writs have been issued prior to the ratifica-
ton of this act.
Sec 3. Be it furth er enacted, That all warrants
issued by Justice of the Peace, for any deb: or
demand within his Jurisdiction according to the
provisions of the above section Provided, That
said debt or demand is due upon any contract,
whether by bond lquidated account or
any parol agreement made or entered into, and due
prior to the LIST day of May 1865, shall not be
turnable for trial within twelve months after the
execution of the same and at the of the same,
if the defendant defendants shall pay the
plaintiff his agent OR attorney to the officer
ecuting the warrant, tenth of the principal and
interest," and all that may have accrued there
on he, she or they, may have twelve months longer
to plead, at the end of which being again aotifed
of the time and place of trial, if the defendant
defendants shall pay 6fh ofthe principal, inte-
rest and costs, he, she or they shall have twelve
he n nj at he end of yrh tina
the defendant or defendants shall pay one half of
the residue of said claim, he she they shall have
twelve months longer to plead, at the end of which
time the plaintiff shall have Judgment for the re-
mainder: Provided, That executions On Justices
judgments debts contracted prior to May LIST,
1865. already rendered. shall be stayed for twelve
months from the date of the ratification of this
Sec 4. Be it further enacted, That on all debts
contracted since the first day of Nay, 1865, and all
warrants issuing for the same, shall be retained
and tried according 20 the provisions of the Revised
Code chapter sixtytwo, (62) and the remedy in all
such shall be the in 1860
Sec 5. Be it further enacted, That all writs in
tions of debt covenant, assumpsit 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 pending in the
Superior Court shall be continued to Spring Term,
1868: Provided, That the Sheriff shall not be al
lowed in any to levy execution before the first
day of January succeeding the rendition ofjudg
ment.
debt covenant, assumpsit account shall be re-
turnable Spring Term Of the Superior Court, and
shall be served at least thirty days Sundays inclu
ded) before the return day. If during the return
term, the defendant pay to Ahe plaintiff, or into
court for his use, tenth of the debt demand
principal and interesD and all costs to that time,
he shall be above until next Term to plead. At
the said Spring Term should the defendant pay to
plaintiff into court for his use, one fifth of the
residue and costs, he shall be allowed until the
ceedng Spring Term to plead at the said Spring
Term; should the defendant pay to the plaintiff
into court for his use, half of the residue. he
shall be allowed until the succeeding Spring Term
plead: Provided however, the pa ntff if required
shall file his debt demand in writing, and if the
defendant shall make oath that the whole any
part thereof is Justly due, that he has
ter claim all Of which shall be particularly forth
by affidavit then the defendant shall only pay the
in$talment required of what he admits to be due,
and he court shall order Jury at the same 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
ment of one fifth of the residue of the admitted
amount, and whatever the Jury may find him in
debted over and above the same: Provided further.
that should the defendant fail to pay the first any
subsequent instalment, then, and in that case the
plaintiff shall be entitled to Judgment and execu-
zion for said instalment: 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 on the same, the said one
tenth shall be entered credit on; the evidences
of said Indebtedness thereafter the remainder Of said
Indebtedness shall be sued on for twelve months
after the payment tender of said one -tenth.
Sec 7. Be it further enacted, That so much of the
ordinance of the Convention, passed on the 23d of
June 1866, as shall come in conflict with this act.
together with all other la VS. coming in conflict with
the same, be. and the hereby repealed.
Sec 8. Be it further enacted, That the time
elapsed elapsing from the twehtieth day Of May,
1851 until the first day of January 1870, shall not
be counted so as bar actions, SUITS to pre-
sumo satisfaction abandonment of rights
Sec g. Be it further enacted That this act shall
BE in force from and after its ratification.
Ratified February r., 1867.