The tri-weekly standard. [volume] (Raleigh, N.C.) 1866-1868, 1867-02-21
The Stay Law.

IS .cT 70 CHAyGg THg JUEIsDICTI1S oP The
rs,rKTz AID THg ECLEs oP FLZADISG
-gEKEw
sgrTrox :. BE- # ena1,kd Jy ti< Gen<rGl AZ
ruth IT tl< etG.> IF Jlyth Car@lina mn II
!, beIA,g e7o1otad by tl< aut!U1rty 81 t'ae mn
Tt.t all warrants Issued By Justice Of the
pezce IN ciTiI casts. shall not " Ts!urnaoie
z:.E.in txeiye months a:ter the execution NJ
tae sasae. b=fr.e sou.e Justice of Peace fox
tae county.
sgc 2 BIT furtEsr >npct,d. That the u
r.d;ction oi Justices Of the Peace shall! ez-
tead to one hundred dollaEs. principal m'n-
e.. IN all bonds. bills. proGnlssoTy notes Or &C
COUNTS stated. and shall extend u sixty dol
lars principal money. upon accounts Tor
goods. wares and merchandise sod and de-
iirered Or fox work and labor done, Or Tor
.r,ecifc articles. and all balances OF szty dol
la-z and under due such last mentioned
debts or demands and On all judgments ren-
de,ed thereon. and On al fDTfeitures and DcL
altie. not exceeding one hundred dO!l4rs
p,1rideJ. That this section shall not be CON
str1sd To take from the Courts the jurisdic-
ton in cases If less than one hundred dol
lars. upon which 7g-!ts have bern issued phi
Or IN the ratification IF this act
SIC. 3. h Il fi4rtiO>r eror1ted. That all
fur any debt or demand within his jUrizlic-
ton. according tnthe proTi,;ons Of the aiore
section: PrvrIi1d, That said debt or de-
rnand j. due upon any contract whether by
bond or note or iiquidated account. or any
parol agreement made orenteTcd into. and due
priOr 10 the lat 1ay of MAJ ! SG5. shall not be
!eturnabIe for trial, within twelve months
afterthc execution ofthe same, and at the re-
turn ofthe same if the dcfrn'Iant or defend
1. L. ~ =
tOrncy Or To the officer executing the war
rant, ono 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 the time and place Of trial,
ifthe 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 .aid 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: Prorded,
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.
SIC T. BE IL further ennct>l, That on all
debts contracted since the first day Of May,
1865, and all warrants issuing for the same,
shall he returned and tried according to the
provisions Of the Revised Code, chapter sixty
two 1927 and the remedy in all such cases
shall be the same az in 1860.
SEC. ;. he IL further enncted 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 rcturnable to Spring Term, 1868,
and all Of said actions now pending in the
Superior Court shall be continued to Spring
Term, 1863: PrpUidcd, That the Sheriff
shall not be allowed in any case TO levy exc
cution before the first day Of January sue
cecding the rendition Of judgment.
SEC. 6. Re IL further cnacted That all
writs in debt, covenant assrImpsit or account,
shall be rcturnablc to Spring Term Of the
Superior Court, and shall be served 1T least
thirty days Sundays includcd) before the re-
turn day. IF during the return term, the
defendant pay to the plaintiff, or into Court
for his uge, one tenth of the debt or demand
principal and lntercsD and all costs to 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, onc-iifth Of the residue
and COSTS he shall be allowed until the sue
cecding 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 Pruriicd humecer, the plaintiff if
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 n counter claim.
all of which shall be particularly set forth by
ailiaVit, then the defendant shall only pay
"a 1<.f 1
TO DC due and the Court shall order a 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
he 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: Provided
Jnrthsr, that should the defendant fail to nav
the ilrst or any subsequent instalmcnt then
and IN that case, the plaintiff shall be entitled
10 Judgment and execution for said instalc-
rncnt: Prooiiet homecer, any debtor tender
ing or paying to his creditor on any debt
contracted prior to the first day Of NAV A.
~. 1850, the one tenth of his Indebtedness
without suit having been brought on the
same, the said one tenth shall be entered as
credit on the evidences of said indebted
ncss; thereafter the remainder of said indeb
teineSSHbhIi not be sued on for t,vclve poon+bs
aIteT INC payment Or tcndcr of said one tenth
SEC. 9TH. Re IL FURTHER enneted 'That o.
much Of the ordinance of the Convsnt;on ."
passed on the ed Of June 1866, az shall
come in conflict with this act, together with
oil other laws coming in conflict with the
same, be, and the same are hereby repealed
SEC. 8. he IL further enacted, That the
time elapsed or elapsing from the twentieth
DAY OF May, 1881. 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. o. BE it further enacted, That thi,
act shall be in force from and after its rati
fcation
RATIFIED February 18th, 1867.
Il. Y MCADEN q TT Eo,nu,on.