The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1868-03-24

it as will realize the balance of the debt; Pro
vided, however That should the trustor or mort
gagor fail to pay the first or any subsequent in
stallment, then, and in that case, the trustee or
MORTGAGE shall sell at six months credit, so much
of the property conveyed as viii realize such in
stallment.
Sec. 4. Be it further ordained, That section
il of the above entitled act be amended to read
as follows: That warrants before Justices Of
the Peace shall be issued or be returnable until
January LIST, 1869. Should the defendant upon
such return pay to the plaintiff, Or to the collect
ing officer, for his use, or confess judgment be-
fore the magistrate for one-tenth Of the debt and
demand, principal and INTEREST," he shall be al
lowed twelve months to plead; at the expiration
of that time, should the defendant pay to the
plaintiff, or confess judgment for one-ffth of the
residue of the said debt or demand, he shall be
allowed twelve months more to plead; at the ex
piration of that time should the defendant pay
to the plaintiff or confess judgment for one-half
of the residue of said debt or demand, he shall
be allowed twelve months more to plead at the
expiration of that time the plaintiff shall have
Judgment for the residue of his debt or demand
Provided, however, That the plaintiff, if re
quired shall file his claim in writing. and if the
defendant shall make oath that the whole or any
part thereof is not justly due, or that he has
counter demand all of which he shall particularly
set forth by affidavit then the defendant shall
only pay the installment required of what he add
mits to be due, and the Justice shall proceed to
try the matters in dispute between the parties
and at the expiration of twelve months the de-
PENDANT shall be allowed time to plead only upon
payment of one-ffth of the amount admitted to
be due and whatever the Justice may have
found him indebted over and above the same;
Provided further, That should the defendant
fail to pay or confess judgment for the first or
any subsequent instauent then and in that case,
the plaintiff shall be entitled to proceed to judg-
ment and execution for such installment Pro-
vided further, That by consent Of the plaintiff
the defendant may at any time confess Judgment
for stipulated sum in full and final discharge of
all further demand or liability upon such claim.
That all executions on judgments in actions of
debt, covenant, assumpsit or account which have
been or shall be issued on judgments heretofore
obtained before any magistrate, shall be levied on
the property of the defendant and returned with
out sale; at the expiration of twelve months from
such return execution on all such judgments
shall issue for only one-tenth of the amount then
due; at the expiration of twelve months from
that time for one-ffth of the residue, and at the
expiration of twelve months more for one-half of
the residue and at the expiration Of twelve
months more for the balance Of the debt.
Sec. 5. Be it further ordained, That Section
II of the above entitled ordinance be amended
to read as follows: Sec. II. That the provisions
of this ordinance shall not be construed to extend
to any debts demands contracted penalties
incurred since the first day Of May, A. D. 1865,
or which may hereafter be contracted or incur
red except actions founded on any bond, pro-
missory note, bill of exchange, Or any other in
strument Of writing, or parol promise made since
first May, 1865, in renewal Of Or substitution
for, contract made prior to first of May, 1865,
to the full amount of the principal and interest
of debt existing prior to said day, and without
other consideration than such pre-existent debt;
and except also, actions, suits, or process to re-
yive, continue or enforce any judgment hereto
fore recovered upon any such bond, promissory
note, bill of exchange Or other instruments OF writ
ing or parol promise as is hereinbefore mentioned
Sec. 6. Be it further ordained That this ordi-
nance shall be in force from and after its ratif-
cation.