The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1867-02-20
SllAA3

Sec. s. Be il further enacted. That ~,
writs in actions Of debt, covenant. as,umn.
SIT or account. issued to Fall Term 1865
or Spring Term 1867, Of the SuLerior
Court. shall be retornabls to Spring Term
1888. and all such actions now pendins in
the Superior Court shsll be continued IA
Spring Term 1868: Provided, That the
Sheriff shall not be allowed in any case 10
levy execution before The 6fst day ofJanu.
airy succeeding the rendition of Judgment.
Sec. 6. Be II further enacted. Tha, ali
writs in..debt. covenant. assumpsit or &C.
count. shall be returnabie 10 Spring Term
Of the Superior Court. and shall be served
at least thirty days (Sundsy s inciuded) be.
fore the return day, II daring the return
term, the defendant pay to the plaintiff, or
into Court for his use, one tenth Of the DEBT
or demand (principal and interes,) and al
costs TO that time. he shall Be SLOWED IN
I'll next Spring Term 10 plead. Az the saia
Spring Term should the dele ndant pay 70
the plaintiff. or into Court Tor his use. one
18TH VI the residue and costs, Ne shalt be
allowed until The sscceeding Spring Term
10 plead jst the said Spring Tesm, should
The defendant pay TO the pisntiG Or into
Court ior bis use, one halt u the residue.
be shall be allowed until the succeeding
Spring Term to plead Provided however,
the plsintif if reqsired shall file his deb.
OF demand in writing. and IL the defendant
shall make oath thar the whole or any p,rt
thereof Is not justly. due. or thst be has
counter claim. all of which shall be par,i.
cularly Sc, fsa,h by affidavit. then the de-.
PENDANT shall only pay the instalment re-
quired ai what he admits lobe due. andthe
Court shall or,lera Jury al the same OF sub
seguens Te,m TO try the matters ID dis
puie between the parties. and NJ the neIt
Spring Term the defendant shall be allow
ed 10 plead only upan the payment Of one
9Th Of The residue Of the admitted amount.
and whatever the Jury may hsd him indebt-
ed over and sbsse the sames Provided
further. that should the defendant fail 10
pay the first or any subseqsent ins,alment.
then and IN that case, the plaintiff shall be
sniiilrd To Judgment and sIecslion ir
said iastalment: Provided however. arr
debtor rendering or paying To his creditor
IN any debt Contracted priur 10 the hrst
day sf Nav A. ID. 1895. the one ienih Of
his inLebIrdn.ss without sui. having bern
brought on the sane. the said one tenth
shall be entered a. credit on the evi-
denees Of sad Indebtedness. thereafter The
remainder Of sall indebtr dness shall DOL be
sued on for twelve msnths alter the pay.
Ineat Or rndcr Of said one trnih.
See. 7lh. Bv il further enacted. That 90
mach Of the ordinance of abr Cunyes,ipa.
passed on the Esd Of June 1866. As shall
come IN conflict with this act. Together
with all other laws eanlng 10 conflict With
the SANE. be. and the same arc hereby re-
pealed.
Sec. Q. Re IL further enacted. That the
time elapsed or elapsins from the twentieth
day Of May. 1861. until the 6rst day Of Jan
uary 1870. shall not be coantrd 90 as 70 bar
actions. or suits. or 60 presume satislsetisn
or ahandonmeni Of rights.
Sec. 0. Be Il further enacted. That this
ACT shall be in ioree from and after IFS "a.
LITIGATION.