Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1868-03-20

he has a counter demard, all of which shall be
particularly Get forth by affidavit. then the defen
dant shall only paw the instalment requIred o.
wha, he admits to be due, and the court shall or
der Jury at the me or some subsequent Term,
to try the matters in dispute between the parties,
and at the next Spring Term the defendant SHAH
be allowed time to plead only upon paying or con-
Tossing Judgment for one-tifth OF the residue OF
the admitted amount, and whatever tho jury finds
| him indebted over aad above the same IT0t1t =
ed further That should the defendant fail to PAY
or confess Judgment for the first or any subse-
lent installment, then and III that case the PLAIN
tiff shall be entitled to proceed to judgment and
execution for such installment, unless the defen-
dant shall put in pleas, In which case the SUIT
shall proceed according to the course OF the court
in 1850 ProuIded, further, That by consent OF
the plaintiff the defendant at any Term OF the
court may coatess judgment for stipulated cum
in full and final discharge Of all further demand
CT liability upon such claim.
I! Sec 3 Be ii further ordained, That section 10
of the above recited aot shall be amended to read
as follows: SEC. 10. That executions on jUdg-
ments i'll actions of debt, assumpsit. covenant or
account, or DEGREES for money demands IN Equity,
which have been, Or shall be issued on .udgInen s
DEGREES heretofore obtained, shall be levied on
the property of the defendant and returned with
out sale: PyoUided such return shall not preju-
dice any lien the plaintiff may acquire or then
have by virtue OF said J!tG or Ue7d2t0n1 eEpOndS
At Spring Term 1869, execution on all such Judg-
ments or DEGREES shall issue for only o4e-tenth OF
the amount then due at Spring Term 1870, for
one fifth of the residue at Spring Term 1871 for
for the balance OF the debt and no execution
shall issue from the Fall Term on any such judS-
ment Or decree except by consent OF the defend
| ant. That no mortgages Or trustee shall expose
to sale the property conveyed in such mortgage
trust deed, without the consent Of the grantor,
before the first of March, 1869. should the mort
gagor or trustor at that time pay one-tenth OF the
debts mentioned, the sale shall be postponed to
first CT March, 1870; at that time should the
mortgagor trustor pay onet fifth OF the Re sldue,
the sale shall be postponed to the first OF March,
r r fy11Ef st(,1tr
pay half of the residue, the sale shall be post
poned to first OF March, 1872; and at that tine
the trustee or. mortgsgee shall sell the property
or SO much Of it viii realize the balance OF the
debt PrOUided, hOtUrreT, That should the trns-
tor mortgagor tail to pay the first or any sub
8 quent ics5alm9nt, then, and in that case the
trustee or mortgage shall sell at SIX months
credit 50 much OF Tie property conveyed will
realize such lnstalilnent.
SEC. 4. Be 1t further ordained, That section Il
Of the above entitled act be amended 30 read as
follows: That no warrants before Justices OF the
Peace shall be Issued or be returnable until Jan
uary lat, 1869. Should the defendant upon sicn
return pay to the plaintiff, or to the collecting
officer, for his use, confess Judgment batore
the Magistrate for one-tenth of the debt and de-
N and principal and interest he shall be allow
ed twelve months to plead; at the expiration OF
that time, should the defendant pay to the plain
tiff, confess Judgment for one-hith OF the r"sl
due of the said debt or demand, he shall be allow
ed twelve months more to plead; at The exp alton
of that time should the defendant pay to the plain
due 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: IrOUided
h0Weuer, That the plaintiff if required, shall
file his claim III writing, and if the defendant
shall make oath that tue whole or any part
thereof Is not Justly due, or that he has counter
demand, ali Of which he shall particularly set
forth by affidavit, then the defendant shall Ouly
pay the installment required OF what he admits
to be due, and the justice shall proceed to try the
Il
the expiration Of twelve months the defendant
shall be allowed time to plead only upon payment
Of one-ftth OF the amount admitted 20 be due,
and whatever the justice may have found him III
debted over and above the same Provided, fur
tier, That sh ould tho defendant fail to pay or
confess judgment for the first or Any subsequent
installment, then and in that case, the plaintiff
shall be entitled to proceed to judgment and ext
crtiOn for such lustallment P1Ortded ft3'ttte1',
That by consent Of the plaintiff the defendant may
at any time confess judgment for a stipulated sum
in full and final discharge Of all further demand or
liability upon such claim. That all executions on
iudgm nts in actions OF debt, covenant, aseump-
or account which have been, or shall be issued
on judgments heretofore obtained before any
mag istrate shall be levied on the property Of the
defendant and returned without sale at the OK
piration OK twelve months from such return exc
cutiOn all such iud lments shall issue for only
one-tenth of the amount then due at the eApir2-
ton of twelve months from that time for ore ttth
of the reaidue, and al the expiration OF twelve
months more for onehalf of the residue, an a.
the expiration OF twelve months more for the bal
ance OF the debt.
Sc s. Be it f,rtter ,d,incu, That SECTION IT
Of TIE above entitled ordinance b "a. ndtd to
read as follows SEC II. That the p. uvlHons OF
this ordinance shall not be construed to nd 10
any debts demands contracted pen ait .es
incurred since the first day OF May, "A l.. 1855 or
which may hereafter he contracted incurred,
except actions founded on any bond, pIoaissory
note, bill of exchange, any other instrument Of
writing, or paru promise made since first Ma
1865. IN removal Of or substitution for a contract
NJ AIDE prior to first OF May, 1863 to the full amount
of lthe principal and interest of debt existing
prior to said day, and without other consideration
than such pre-eXisteut debt and except also, &C
tons, suits, process to revive, continue tn
force any judgment heretofore recovered upon any
such bonds, promissory note. bill OF Exchange Or
other instruments Of writing or parol promise as
Is hereinbefore mentioned.
SEC. 6. Be it further Dreamed, That this ordi-
nance shall be in force from and after its ratiica
ton,