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1803 207 (1803)

handle is hein.ssl/ssnc0162 and id is 1 raw text is: 1803. 207 At a GENERAL ASSE IBLY, begut and held at RALEIGI, on the twenty- Go- first Day of Novembev in the Year of our Lord One Thousand Eight --nor. Hundred and. Thre&, and in the tventy-eighth year of the Independence of the said State. An aH to extend the juridiqion of ringle Jifflire, and to aniendthef/veral Lar in force in this State re/ative to CHAr. 1. the recovery P/'Debtl befire a fullice of the Peace. Ante p. 5,. W HEREAS it haith been found by experience that the extenfion of the jurifdition of a fingle juffice 19i. V of the peace has contributed greatly to the advantages of the good citizens of this State ; it be- ing reafonable therfore to prefume that a further extenfion to the amount of thirty pounds,. (equal to wihat is ufually called the 'ook Debt Law) would add to the advantages already felt, I. Be it enacted by the General AAnmbly oftheflate of North-Caroina, and it i hereby ena ed by the autho- Debts of .;is rihy of thefine, That from and'after the firft (lay of March next, all debts and demands of thirty pound3 ognebuskue. and under, for a balance due on any fpccialty, contra&, note or agreement, or for goods, wares and mer- candize fold and delivered, or for work and labour done, or for fpecific articles, whether due by obliga- tion, note or affumplit, or for any'judgmeint which niay have been granted over twelve months by a fingle juftice of the peace and no execution have iizued thercon, or for any forfeiture or penalty incurred by vir. tue of any aat of the General Aiembly, are hereby declared to be cognizable and determinable by any one jultice of the peace out of court; fibje6t neverthelefs to the right of appeal, as in fimilar cafes, who may give judgment thereupon, and award procefs of execution for the amount of judgment, intcreft and coits, in the fame manner as in fimilar cafes is already or may hereafter be provided for : Provided always, that the flay of execution on- all fums over twenty, and not exceeding thirty pounds, except as herein excepted, Jhall be had in the fame manner and for the fame time as is provided already by law for all fums over ten,- and not exceeding twenty pounds. II. And be it fjrther enaed, That in all cafes where the evidence of the debt on which a judgment No tty e may be founded, thall be chat of a former judgment of twelve months (tanding, no flay of execution ecuion allwed whatever thall be allowed.- on a formcrcN- And whereas doubts have arifen whether any inveftigation or decifion can be legally had on a warrant canon, in any cafe after thirty days from the date thereof, although the fame may have been executed and return- ed in due time, and for fufficient caufe thewn pofiponed by the jultice before whom it was fo returned for remedy whereof, Ill. Be it enaledby the aut-'hority afirfaid, That in future it (hall be in the power of any juffice of the Postponcrmen; peace Within this State, on fuflicient caufe fhewn on oath, by either plaintiff or defendant, their agent or allowed. attorney, to poftpone from time to time, or continue for trial, any civil matter or cafe that may come before him. Provided, fuch poftponement or continuance thall in no cafe exceed thirty days ; and it (hall be lawful for any jufltice of the peace to af on faid poftponement or continuance, the original date of the warrant exceeding thirty days notwithftanding. IV. And be it further enafed, That all judgments given by a juffice of the peace fhall bear fix per cent Inerest on initereft on the original fum until the fame fhall bo a6tually paid or otherwife fettled, any law to the contra- judgment. ry notwithflanding. V. And be it/urther enaRed, That whenever a judgment thall be given in the ablence of either plaintiff Proceedings to or defendant, by any juftice of the Peace, whether execution hath been ifiied or not, that on application be Jd 10he of fuch abfent party, his or her agent or attorney, within ten days after the date of faid judgment, to the jude't I juffice who awarded the fame, on fufficient caufe (hewn on oath or aflirmation, why he, the or the/ could o not attend the day of trial, it (hall be the duty of faid juftice, to iflhe his order to rha plaintitf, deendant, jparties. or oilicer, as the cafe may require, in poflHion of the papers, relative to the ftit, to forbear any further

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