Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1869-03-19
Reported for tie Journal.
NEW STAY LAW.
An Act suspenGing the Code of Civil Pro-
ccduFe In Certain Cases.

| Section l. The General assembly of North Car
oIina do enact That ali civil actions shall be com
| menced by the issuing OF a summons.
Sec. 2 The summons shall run in the name OF
the ktate, he signed by the Clerk of the superior
Court of the County having Jurisdiction try the
action, aud under the s3al of the Court, and shat
be directed to the sheriff of the county in which
| the defendant resides or may be found T. shall
be returlable to the regular term OF the superior
Court of the county where the plaintiffs or one OF
more Of them, or the defendants reside, and shall
command the Sheriff, or other proper officer, to
| summons the defendants to appear at the Eext
ensuing term of the Superior Uourt and answer
| the complaint of the plaintiff and shall be dated
on the day Of its issue.
Sec g. The officer to whom the summons is adj
dressed, shall note it the day of it's delivery
him, and shall execute it at least ten days before
the beginning of the term to which it shall be re.
turnabe, and shall return it the fret day of the
term.
Sec. 4. 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 plaintiff.
Sec 5. The defendant shall appear and demur
plead or answer at the same term to which the
sun1oons shall be returnable, otherwise the plain
tiff may have judgment by defsut, as is now al
lowed by law.
Sec. s TIE plsintif shall join in the demurrer
or reply to the answer at the same term at which
such demurrer o. answer may be filed, and that
the issues whether OF law or of fact, shall stand
for trial at the next term succeeding the term at
which the paeadings are completed. "'. -.
Sac. z. That III writs of summons in civil &C.
tons now ia the hands of the Sheriff or Clerk
shall be returned by said officers to the next term
of the Superior Court, and such writs, together
with all writs of summons in civil actions hereto.
fore returned ia which no Anal Judgment has
been rendered, shall be placed 10y the clerk on the
docket of the Superior Court at the next ensuin g
term, and the pleadings in such actions shall be
conducted according to the rules prescribed in
this act Provided, that al civil Sctions in which
issues have been joined shall stand for trial at
Spring term, 1869. Piouided further, that
of law or fact which have been Joined in pursu-
ance of laws and ordinances heretofore passed
and known as "StaY Laws shall be considered
as having been Illegally Joined, and all such ac-
tiors shall be placed upont he appearance dockets
at Spring term, 1863, by The Clerks of Superior
Courts, and the pleadings therein shall be made
up and issues Joined at such term "a provided i'm
this act, unless in any county the time OF said
term shall have passed, in which case such action
shall de placed upon lie trial docket at Fall term
1869, - tsit..a.. .5l...-.. .....s lib ~ -
Sec. 8. No sale OF any property, real or person
al, under executions issued from any court in this
ate, sh all be valid to pass title unless the prop
erty, whether real or personal, shall bring three.
fourtbs OF the value thereof, and On return of
such executions the sheriff or other officer shall
make return Of the amount bid for the same, and
whether the amount was equal to three-f ourths
OF such value.a4l vat O. HsEofu al stAsEa9- :
property exposed 70 sale, Hnieg .the preceding
section, it shall be THO duty or the creditor and
debtor each TO choose one appraiser, who shall
be eitizen ut the county in which the property
Is ttGatod. TO examine and appraise the proper1gi
TO be exposed to sale under execution and aba il
certify such appraisement to the sherif or otLer
ofhcsri ana IN case such appraisers shall not be