Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1869-03-26
NEW STAY LAW.
Am Act Suspending the Code OF Civil Pro-
cedure I'm Certain Cases. "a

:
Section 1. The Ge,sera al assembly of North Caro-
lima do enact, That all civil actions shall be COM
mencrd by the issc!1g OF 8 summons.
Sec. 2. The summons shs.fi run IN the name OF
the ftate, be signed by the Clerk of the superior
action, and under the seal 81 the Court and shall
be directed to the sheriff of the county in which
the defendant resides may be found. 1t shall
be returaable to the regular term OF the Superior
Court of the county where the plaintiffs, one or
more of them. or the defendants reside, and shall
command the Sheriff, or other proper officer, to
summons the defendants to appear at ths aext
ensuing term of the Superior Cour' and answer
the complaint OF the plaintiff and shall be dated
On the day of its issue -. ...... ........
ST c. 8. The officer to whom the summons is adj
dressed shall note on it the day OF lts delivery to
him, and shall execute it at least ten days before
the beginning of the term to which it shall be re-
turnabie, and shall return it on the first day of
the term.
Sec &. The plaintiff shall file his complaint in
the Clerks office before the third day of the
term to which the action is brought otherwise the
suit shall on motion be dismissed by the Court
| at the cost of the plaiatiff.
Sec. 5. The defendant shall appear and dem Or,
plead or answer at the same term to which the
summons shall be returnabie, otherwise the plain
tiff may have judgment by default, as is now al
lowed by law.
Sec 6. The plaintiff shall join in the demurrer
| or reply to the answer at the same term at which
such demurrer or answer may be filed, and that
the issues whether Oh law or OF fact. shall stand
for trial at the next term succeeding the term at
which the p'eadings are completed.
FEC. z. That ell writs Of summons in civil &C.
tions cow in the hands Of the Sheriff or CLERK,
Shall be returned by said officers to the next term
of the Superior Court, and such WRIT, together
with all ~rits of summons in civil actions hereto
fore returned in which no final Judgment has been
rendered, shall be placed by the clerk on the
docket of the Superior Court at the next ensuing
term. and the pleadinSs in such actions shall be
conducted according to the rules prescribed in
this act. ProUided that all civil actions in which
issues have been joined shall stand for trial at
Spring term, 1869. PROVIDED further. that issues
of law or fact which have been joined in pursu-
and known az "Ftay Laws" shall be considered
having been Illegal joined, and all such &C
tons shall be placed upon the appearance dockets
at Spring term. 1869, by the Clerks OF superior
Courts, aud the pleadings therein shall be made
up ard issues joined at such term provided in
this act unless in any county the time of said
term shall have passed, in which euch action
shall be placed upon the trial docket at Fall term,
1869.
Sec. s No sale of any property, real or person.
AL under executions issued from any court in this
State, shall be valid to pass title, unless the pro
perty, whether real or personal shall bring three
fourths of the value thereof, and return Of
such executions the sheriff or other officer shall
make return of the amour bid for the same, and
whether the amount was equal to three-iourths
of such value
Sec. 8. In order to ascertain the value Of the
property exposed to sale, under the preceding
session. it shall be the duty of the credit0r and
debtor each to choose one appraiser, who shall be
q citizen OF the county in which the property Ia
situated, to examine and appraise the property
to be exposed to sale under execution, and shall
certify such appfalse nent to the sheriff OR other
officer; and n case such appraisers shall not be
able to agree upon the valuation of any property,
they shall chonse third person, and the ap-
praiseIneut Of the three or ma ority Of them
sh all be take Il the true value Thereof and in
case either party fail to make the choice, the
sheriff shall make the selections for him them.
Such apprsisement, certified as before directed,
| shall be returned by the sheriff with the execu-
ton to the court from which 1t issued PSOUl9ed,
that no proceedings under this section shall pre-
sheriff from any liability for the safe keeping OF
such property.
| Sec. 10. That 10 property shall be sold under
any deed Of trust or mortgage until the debts
secured in said deed Of trust or mortgage, are
| reduced to judgments according to the provisions
OF this act.
! Sec IL. All executions shall be tested a of the
term next before the day on which they are
issued and shall be returaable to the term of the
Proridei, That no sale of property under eSecu-
ton obtained at fall term, 1869, shall be made
unit! thirty days before spring term, 1870.
Sec. IL. The provisions of this act shall Lot
apply to proceedings by attachment
Zee. 49, Nothing in this act shall operate to re-
peal the provisions OF i..3 Code of Civil proce.
dure, which allows defel4lan to be arrested and
held to bail in certain cases.
Sec. IL Ali laws and clauses Of laws inconsis-
tent with the provisions of this act are suspended
until the first day Of January, Ammo Dornini
Gig b teen hundred and seventy -one and this act
shall be in force from and after its ratification
and shall continue in force until the first day Of
January, eighteen hundred and seventy ons.
Passed march 16 1861.