Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1867-02-15

all forfeitures 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 one hundred dollars upon which writs
have been issued prior to the ratification of
| this act.
| SEC. 3. BeHfuytber enacted, That all war
rants issued by Justice of the Peace for
any debt or demand within his jurisdiction,
according to the provision of the above
section P7'or5ded, said debt or demand 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 first day of May, 1865, shall
not be returnable for trial within twelve
months after the execution of the same,
and at the return of the same, the defend
ant or defendants shall pay to the plaintiff,
his agent or attorney, or to the officer exc
cutting the warrant, one-tenth of the princi-
pal 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, if the defend
ant or defendants shall pay one-ffth 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-
fandant or defendants shall pay One-half
of the residue of said claim, lie or they
shall have twelve months longer to plead ;
at the end of which time the plaintiff shall
have Judgment for the remainder. Prori
ded, That executions, or Justices judg-
ments on debts contracted prior to May 1st,
1865 already rendered. shall be stayed for
twelve months from the date of the ratifi-
cation of this act.
Sec. 4 BE 1t farther enacted That writs on
alldebts contracted since the first day of May,
1865, and all warrants issuing for the same,
shall be returned and tried according to
the provision of the Revised Code, chapter
sixty-two, 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, CT
Spring term, 1867, OF the Superior Court,
shall be returnable to Spring term, 1868,
and all of said actions now pending i'll the
Superior Court shall be continued to Spring
term, 1868. PJorided, That the Sheriff
shall not be allowed in any case to levy ex-
ecution before the first day of january
succeeding the rendition of Judgment.
Sec. 6. Be it FURTHER enacted, That all
writs in debt covenant, assumpsit OF &C
count, shall be returnable to Spring term
of the Superior Court, and shall be served
at least thirty days Sundays included) be-
fore the return day. If during the return
term the defendant pay to the plaintiff, OF
into the court for his use, one tenth Of the
debt or demand principal and INTEREST," 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, OF into court, for his use,
one-tifth Of the residue and costs, he shall
be allowed until the succeeding 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 10 plead. Py0ci-
ded, hOweoer. the plaintiff, if required, shall
file his debt OF demand in writing, and if
the defendent shall make oath that the
whole or any part thereof is not justly dne,
or that he has q counter claim, all of which
shall be particularly set forth by affidavit,
then the defendant shall only pay the in
stalment 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-ffth of the residue of the admitted
amount, and whatever the jury may find
Prorided further, That should the de-
PENDANT fail to pay the first or any subse
quent instalment, then and in that case the
plaintiff shall be entitled to judgment and
execution for said instalment PrOrided,
hOWeuer, Any debtor rendering or paying
to his creditor on any debt contracted prior
to the first day of May, A. D., 1866, 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 Indebtedness ; there |
after the remainder of said Indebtedness
shall not be sued onfor twelve months after
the payment or tender Of said one-tenth.
SEC 7. Be it further enacted. That SO
much of the ordinance of the Convention
passed on the 23l 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. s. BE 1t 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 satisfac |
ton or abandonment of rights
Sec. 8. Be IL further enacted, That this |
act shall be in force from and after it's rati-
tication.
Ratified, this 18th day of February, A. D.,
1867.
r. Y McADEN, S. Fl. of C.
NJ E. MANLY, S. S.
AN ACT to transfer the Land Scrip given
by the United States to the state of North J
Carolina. !