The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1868-03-24
ORDINANCES
Passed by the State Convention {
THE NEW STAY LAW.

an Ordinance Respcct'n9 tie Jurisdiction Of the
Courts of this State.
Section 1. Be it ordained by the people of
North Carolina in Convention assembled, That
sections l and of the ordinance of the Convcn-
ton adopted June Odd 1866, entitled "An Or
dinance to change the jurisdiction of the Courts
and the rules of pleading therein,' be and
hereby repealed.
Sec. 2 BE it further ordained, That section
3 of the above entitled Ordinance be amended to
read as follows: Sec 3 That all actions of debt
covenant, assumpsit, and account now pending in
the Superior Courts shall be continued to Spring
Term, 1869: and that the several Superior
Courts at the Spring Term thereof only, unless
otherwise herein provided, shall have exclusive
original jurisdiction of all such causes of action
except where jurisdiction has been or shall be
given to a Justice of the Peace by the Constitu-
ton or laws of North Carolina. Should the de-
fendant at the Spring Term. 1869 on writs which
shall be returned to that Term in any suit, for
the above causes of action then pending in the
Superior Court. pay or confess judgment to the
plaintiff for onetenth of the debt and demand
(prncpal and interest) and all costs to that time,
he shall be allowed until the next Spring Term
to plead. At the said Spring Term, should the
defendant pay to the plaintiff confess judg
ment for one-ffth of the residue of the said debt
or demand and cost. he shall be allowed until the
succeeding SpNng Term to plead. At the said
Spring Term should the defendant pay to the
plaintiff or confess Judgment for one half of the
residue Of the debt or demand, he shall be allowed
until the succeeding Spring Term to plead. At
the said Spring Term the plaintiff shall have
Judgment for the residue of his debt or demand:
Provided, however, That the plaintiff, if re-
qured, shall 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, or
that he has counter demand, 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 court shall
order jury at the same or some subsequent
Term, to try the matters in dispute between the
parties, ard at the next Spring Term the defen-
dant shall be allowed time to plead only upon
paying or confcssing Judgment for one-fitth OF
the residue of the admitted amount and what
ever the jury finds him indebted over aud above
the same: Provided further, That should the
defendant fail to pay or confess judgment for the
first any subsequent installment, then and in
that case the plaintiff shall be entitled to proceed
to Judgment and execution for such installment,
unless the defendant shall put in pleas, in which
case the suit shall proceed according to the course
of the court in 1860; Provided, further, That
by consent of the plaintiff the defendant at any
1cIH Vi the court couieSS ioT
stipulated sum in full and final discharge of all
further demand or liability rpon such claim.
Sec. 3. Be it further ordained. That section
10 of the above recited act shall be amended to
read as follows: Sec. 10. That executions on
judgments in actions of debt assumpsit, cove
nant or account, or DEGREES for money demands
IN Equity, which have been, or shall be issued
on judgments or DEGREES heretofore obtained shall
be levied on the property Of the defendant and
returned without sale; Provided, such return
shall not prejudice any lien the plaintiff may ac-
quire or then have by virtue of said fta or rend-
toni e9lonas. At Spring Term 1869. execution
on all such judgments DEGREES shall issue for
only one-tenth of the amount then due; at Spring
Term 1870, for one-ffth of the residue; at
Spring Term 1871 for one-half of the residue
and at Spring Term 1872 for the balance of the
debt and no execution shall issue from the Fall
Term on any such judgment or decree except by
consent of the defendant. That no MORTGAGE
or trustee shall expose to sale the property con-
veyed in such mortgage or trust deed, without
the consent of the grantor before the first of
March, 1869. Should the mortgagor or trustor
at that time pay one-tenth of the debts mentioned,
the sale shall be postponed to the first of March,
1870; at that time should the mortgagor or
trustor pay one-ffth of the residue the sale shall
be postponed to the first of March, 1871 at that
time should the trustor or mortgagor pay one-half
of the residue the sale shall be postponed to first
of March, 1872; and at that time the trustee or
mostgagee shall sell the property or so much of