The weekly North-Carolina standard. [volume] (Raleigh, N.C.) 186?-1869, 1869-03-24
NO. u.
STAY LAW.
An Act in Regard to Proceedings be-
fore Magistrates.

fore Magistrates.
SECTION 1. The General assembly of
North Carolina do enact, All writs ,f sum-
mons on contracts entered into before the
first of May, eighteen hundred and sixty
five, for sums OF two hundred dollars and
under, shall be made returnable before JUS
tices of the Peace, at the expiration of nine
" days from the issuing thereof. ,i9
SEC. 2. On the return 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. Z
Sec. 8. The defendant shall be at liberty
to demand jury of six men to try the
issues thus made, to appear at day subse-
quent in the discretion of the Magistrate,
which shall not be less than ninety days,
when the cause shall be tried unless either
party shall be unprepared for trial, in which
case the Magistrate shall give, in his discre-
tion, such further continuance, for not less
than ninety days. % go
SEC. 4. In case either party shall be dis
satisfied with the Judgment rendered BY the
magistrate, such party shall have the right
to appeal to the Superior Court of the coun-
ty, without security for the appeal, when
the cause shall be docketed, and stand for
trial in its regular order according to the
course of the Court. .l'F
Sec. 5. The defendant shall be at liberty
in any judgment before Justice of the
Peace, to have stay of execution for Six
months, on giving security, to be judged of
by the magistrate, for the payment Of the
debt; ProDided, That the security be given
at any time within twenty days from the
rendering Of the judgment aiss
SEC. 6. All executions issued from judg-
ments 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 .'7
Sec. Z. All writs of summons issued since
the first day Of January, eighteen hundred
and sixty whine, upon judgments rendered on
contracts made before the first day of May,
eighteen hundred and sixty-fve, shall be
made returna5le as writs OF summons in like
cases provided in the first section of this act.
Sec. 8. All judgments rendered on such
contracts since January eighteen hundred
and sixty nine, 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 cases provided for in the
first six sections of this act. - sfaif
Sec. 9. 1t shall be the duty of the Magis-
trate to keep docket of all such 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 before the Magistrate issuing
the summons of all process in his hands, re-
lating fully and truly his action on the pro-
cess '' 7tf
Sec. 10. The provisions Of this act shall
not apply to proceedings by attachment, or
arrest and bail. ,'ft At''f
Sec. II. This act shall be in force from
and after its ratification.
Passed March 1S, 1861