The tri-weekly standard. [volume] (Raleigh, N.C.) 1866-1868, 1867-02-19
The Stay Law.
AN ACT TO CHANGE THE JURISDICTION OF THE
COURTS AND THE RULES OF PLEADING


COURTS AND THE RULES OF PLEADING
THEREIN.
SECTION l. Be it enacted by the General As
sena6ly Of the State Of North Carolina and it
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 ju-
risdiction of Justices of the Peace shall ex-
tend to one hundred dollars, principal mon
ev, on all bonds, bills, promissory notes or ac
counts stated, and shall extend to sixty dol
lars principal money, upon accounts for
goods, wares and merchandise sold and de-
livered or for work and labor done, or for
specific articles, and all balances ofsixty dol
lars and under, due on such last mentioned
debts or demands, and on all judgments rem
dered thereon, and on all forfeitures and pen
alties not exceeding one hundred dollars ::
Provided, That this section shall not be con-
strued to take from the Courts the jurisdic-
ton in cases of less than one hundred dol
lars, upon which writs have been issued pri-
or to the ratification of this act
SEC. 8. Be it further enacted, That all
warrants issued by Justice of the Peace,
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
returnable for trial, within twelve months
after the 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 or at
toney 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 time being
again notified of tue time and place of trial,
if the defendant or defendants shall yay 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 Prouidel,
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 1T 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 it 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: Procided, 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 1T 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 incudeO before the re-
turn day. If 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 interesD 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, one-fifth of the residue
and costs, he shall be allowed until the sue
ceeding Spring Term to plead; at the 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: ProUided houerer, 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 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
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: Provided
further, that should the defendant fail to pay
the first or any subsequent instalment, then
and in that case, the plaintiff shall be entitled
to Judgment and execution for said instale-
ment: Provided homever, any debtor tender
ing or paving to his creditor on any debt
contracted prior to the first day of May A.
D. 1865, the one tenth of his Indebtedness
without a suit having been brought on the
same, the said one tenth shall be entered as
a 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. 7th Be 1T 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 enacted, That the
time elapsed or elapsing 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. 8. Be 1T further enacted, That this
act shall be in force from and after its rati-
fcation.
RATIFIED February 18th. IS67.
R. Y. McADEN, s.. H. Commons
NJ. E. MANLY, Speaker Senate.
STATE OF NORTH H-CAROLINA,