Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1869-03-26
STAY LAW
An Act In Regard to Proceedings before

IN RELATION TO SMALL DEBTS.

| An Act In Regard to Proceedings before
magtstrates
| Section 1. The General assembly of North Car.
olinG DO enact, All writs of summons contracts
entered into before the frs; of May, eighteen
hundred and sixty-tiye for s.:,,,s of two hundred
| dollars snd under, shall be made returnable be-
fore Justices of the Peace, at the expiration of
ninety days from the issuing thcreof.
| Sec. e. GA the re urn OF such summons, the
defendant shall be required to enter his pleas and
| make such defence to the action as he may DESIRE
when the cause shall be ordered for trial, at the
expiration of the ninety days next succeeding the
| return day Of the summons.
Sec. the defendant shall be at liberty TO de-
| mand jury of six mea to try the issues thus
made. to appear at day subsequent in the dis
erection Of the Magistrate which sh all not be less
than ninety days, when the cause shall be tried
unless either party shall be unprepsred for trial
in which case the Magistrate SHAH give in his dis
erection, such further continuance for NOT less
| than ninety days.
Sec. 4. In case either party shall be dissatisfied
with tho judgment rendered by the ,,.sgistrate
| such party shall have the right to appeal to the
superior court OF the county, without security for
| the appeal, when the cause shall be docketed and
stand for trial IN it's regular order according to
the course of the Court.
Sec. 5. The defendant shall be at liberty in any
Judgment before Justice of the Peace to have a
| stay of execution for six months on giving Sc
curity, to be judged of by the magistrate tor the
pawn mt Of the debt; Prooided That the &C.
curity be given at any time within twenty days
/ from the rendering OF the Judgment.
Sec. 6. All executions Issued from judgments
rendered under this act, shall be made returnable
within ninety days, and NO sale shall take place
| within less than sixty days from the issuing of
| the execution.
Sec 2. All writs of summons, Issued since the
| first day of January, eighteen hundred and sixty
| nine, upon judgments rendered contracts
! made before the first day of May, eighteen hum
dred aud sixty-fve, shall be made returnab,e as
writs of summons in like cases provided in the
first section of this act. .-.'0
Sec. 8 All iudgm ents rendered on such con-
tracts since January eighteen hundred aad sixty
nlne by any magistrate shall, on application of
the defendant before the same or any other
magistrate, be set aside, and shall be open for
pleading, trial, Judgment and appeal, as in ses
provided for in the first six sections of this act
Sec. Q. 1t shall be the duty of the Magistrate
to keep docket Of all sach cases had before him
with proper entries, setting forth the various
stages of the cause. and it shall be the duty of
the sheriff or other officer to make return be-
fore the Magistrate issuing the summons of all
process in his hands, relating fully and truly his
action on the process. 80
Sec. 10. The provisions of this act shall not
apply to proceedings by attachment, or arrest
and bail.
Sec. II. This act shall be in force from and
after its ratification.
Passed March 49, 1867