The tri-weekly standard., 1867-03-09
The Stay Law.
| AN ACT TO CHANGE THE JURISDICTION OF THE
COURTS AND THE RULES OF PLEADING

AN ACT TO CHANGE THE JURISDICTION OF THE !
| COURTS AND THE RULES OF PLEADING !
THEREIN.
| SECTION l. BE it enacted By the General As
sena6Ly Of tie State Of North Carolina AMI 1t
is hereby enacted by the authority Of the same,
| That all warrants issued by q 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
ey, on all bonds, bills. promssory 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 tor
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 forteitures and pen
altes not exceeding one hundred dollars
Pr0rided 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. B. Be 1T further enacted, That all
warrants issued by Justice of the Peace,
for any debt or demand within his jurisdic-
ton, according to the provisions of the above
section: Provided, That said debt or de-
mand is due upon any contract, whether by
bond or note or liquidated account, or any
parol agreement made orentered into and due
prior to the 1st day of May 1865, shall not be
returnable for trial, within twelve months
after the execution Ofthe same and at the re-
turn of the same, if the defendant or defend
ants shall pay to the plaintiff, his agent or at
torney. 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 the time and place of trial,
if the 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 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 remainder P'0Cided,
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. f. Be 1t further enacted That on all
debts contracted since the first day of May,
|
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 s. Be 1t 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,
i shall be returnable to Spring Term, 1868,
: and all of said actions now pending in the
Superior Court shall be continued to Spring
r Term, 1868: Procided That the Sheriff
! shall not be allowed in any case to levy exc
cution before the first day of January sue
S cecding the rendition of judgment.
r SEC. 6. BE it further enacted That all
J. writs in debt covenant, assumpsit or account
shall be returnable to Spring Term of the
J. Superior Court and shall be served at least
n thirty days Sundays includedD before the re
II 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 Tern
should the defendant pay to the plaintiff Oh
into Court for his use, one-tifth of the residue
and costs, he shall be allowed until the sue
ceeding Spring Term to plead; at the sale
Spring Term should the defendant pay to the
he plaintiff or into Court for his use, one
half of the residue, he shall be allowed
D until the succeeding Spring Term te
e. plead ProUided hOueger, the plaintiff i
te required shall file his debt or demand
~ ~ in writing, and ii the defendant shall make
N oath that the whole or any part thereof il
ID not Justly DUE or that he has a counter claim
all of Which shall be particularly set forth by
affidavit, then the defendant shall only pa.
10 the instalement required of what he admits
is to be due, and the Court shall order JurI
n, at the same or subsequent Term to try tn,
81 matters in dispute between the parties, anC
lt nt at the next Spring Term the defendant shal
n be allowed to plead only upon the paymen
al of one fifth of the residue of the admitted
r amount, and whatever the Jury may find hin
indebted over and above the same: PrOuidet
- further that should the defendant fail to pay
+ the first or any subsequent instalment, the1
and in that case, the plaintiff shall be entitled
to Judgment and execution for said instale
ment: Pr0ci9ed horecer, any debtor tender
: ing or paying to his creditor on any deb
e. contracted prior to the first day of May A
b. D. 1865, the one tenth of his indebtedness
without suit having been brought on til,
same, the said one tenth shall be entered a
- a credit on the evidences of said indebted
IL 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
T. SEC 7th. BE 1t further enacted, That 81
c. much of the ordinance of the Convention
passed on the 23d of June 1866, as shall
of come in conflict with this act, together will
all other laws coming in conflict with tn
e, same, be. and the same are hereby repealed
Sec. 8. Be 1t further enacted, That tn
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 ba
actions or suits, or to presume satisfaction
or abandonment of rights.
R SEC. 8. Be 1t further enacted, That thi
d act shall be in force from and after its rati
d d fication.
~ = RATIFIED February 18th. 1867
r r. Y. MCADEN, S. IT. Commons
Is M. E. MANLY, Speaker Senate.