The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1867-03-05
THE NEW STAY LAW.
N et to change the Jurisdiction Of the Courts and the
Raies of PLeddtag therein.


Rules Of Pleading therein.
Section !. Be it enacted by the General Assembly
of the State of North Carolina, and ii is hereby en-
acted by the authority of the same, That all va.
rents issued by Justice of tue Peace IN cif
shall not be Ieturnable within twelve month. f
the execution of the same, before some 'uS'i'e "a
Peace for the county. " IL.
Sec p Be il further enacted. That the JutlSoio-
ton of Justices of the Peace snall eAen m tei
hundred dollars, principal money, on All oonas,
bills promissory notes accounts stateo, anu shi
extend to sixty dollars principal money upon az
counts for goods, wares ana Merchandise so'u
S;rered or for work and labor done, for specific
articles and all balances of sixty dollars and under,
due on such last mentioned debts or demands, ana
nm all judgments rendered therein, and on all Tor
fai,ures and penalties not exceeding one hundred
Z 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 rathca-
ton of this act
Secs Be it further enacted, That all warrants
issued. BY Justice of the Peace, for any deb; or
demand within his jurisdiction, according 20 tue
provisions of the above section: Provided, mat
said debt demand is due upon any contract,
whether BY bond or note or llquldated account, or
any parol agreement made entered into, and due
prior to the LIST day of May 1865, shall not be re-
.turnable for trial within twelve months after the
execution of the same and at the return OF the same
if the defendant or defendants shall pay TO the
plaintiff his agent attorney or TO the oncer fA
ecuting the warrant, tenth OF the prlncipai anu
interest and all costs that may have accrued there-
on, he, she they, may have twelve months longer
to plead at the end OF which being again notified
of the time and place of trial, if the defendant or
defendants shall pay fifth Of the principal nte-
rest and costs, he she, or they shall have twelve
months longer to plead at the end OF which time, IL
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
ind lshf rip1 lFln T.,
1865, already rendered. shalt be stayed for twelve
months from the date of the ratification OF this act
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 sixty-wo, (62) and the remedy in all
such cases shall be the same as in 1850.
Sec s. Be it further enacted, That all writs in &C.
tons of debt, covenant, assumpst account issued
Fall Term, 1865, Spring Term, 1867, of the
Superior Court shall be Unable to Spring Term,
1868, and all of said actions pending in the
Superior Court shall be continued to Snring Term,
1868: Provided, That the Sheriff shall not be al :
lowed in any 10 levy execution before the first
day Of January succeeding the rendition oiJHdg-
ment.
Sec G. Be t further enacted, That all writs in
debt, covenant assumpsit or account, shall be re-
turnable to Spring Term Of The Superior Court and
shall be served least thirty days Sundays inclu-
ded) before the return day. Ii during the return
term, the defendant pay to the plaintiff, or into
court for his use, tenth of the debt or demand
principal and INTEREST," aud all costs to that ume
he shall be allowed until next Term to plead. AT
the said Spring Term should the defendant pay TO
plaintiff, into court fer his use, one fifth of the
residue and costs, he shall be allowed until the
ceeding Spring Term plead ut the said Spring
Term; should the defendant pay to the plaintiff or
into court for his use, half of the residue, he
shall be allowed until the succeeding Spring Term
TO plead Provided however, the plaintiff if required
shal file his debt or demand in writing, and if the
defendant shall make oath that the whole or any
part thereof is not justly due that he has ceun
ter claim all OF which shall be particularly set forth
by affidavit, then the defendant shall only pay the
instalment required of what he admits to be due,
and the shall order ii Jury the same sub
sequent Term try the matters in dispute between
the parties and at the next Spring Term the deien-
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 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-
lion for said instament: Provided however. any
debtor rendering or paying to his creditor on any
debt contracted prior to the first day of May A d.
1865 the tenth of his indebtedness without a
suit having been brought the same, the said one
tenth shall be entered credit on the evidences
OF said thereafter the remainder of said
Indebtedness shall not be sued on for twelve months
after the payment tender of said one-ten,h.
Sec Z. Be it further enacted, That much of the
ordinance of the Convention, passed the 23d of
June 1866, shall come in conflict with this act
together with all other laws coming in conflict with
the same, be- and the are hereby repealed.
Sec 8. Be it further enacted, That the time
elapsed or elapsing from the twenieth day OF May,
1861 until the first day Of January 1870, shall not
be counted to bar actions or suits, or to pre-
sumo satisfaction abandonment of rights.
Sec 9. Be it further enacted That this act shall
be in force from and after its ratification
Ratified February II, SCI.