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Stay Law.
An Act to Provide Against the Sacrifice of Property
and to Suspend Proceedings in Certain Cases:

Electronic Edition.

North Carolina.

Funding from the Institute of Museum and Library Services
supported the electronic publication of this title.

Text scanned (OCR) by Elizabeth Wright
Text encoded by Patricia L. Walker and Natalia Smith
First edition, 1999
ca. 15K
Academic Affairs Library, UNC-CH
University of North Carolina at Chapel Hill,

Call number Cb347.2 1861 (North Carolina Collection, UNC-CH)

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Library of Congress Subject Headings, 21st edition, 1998

LC Subject Headings:

Page 1

To provide against the sacrifice of property and to
suspend proceedings in certain cases.

[Passed at the Extra Session, May, 1861.]

        SECTION 1. Be it enacted by the General Assembly of North-Carolina, and it is hereby enacted by the authority of the same, That no execution of fieri facias or venditioni exponas founded upon a judgment in any suit or action for debts and demands due on bonds, promissory notes, bills of exchange, covenants for the payment of money, judgments, accounts, and all other contracts for money, demands or contracts for specific articles, other than those upon official bonds, or in favor of the State or against non-residents, shall be issued from the passage of this act, by any Court of record, or by any magistrate, for the sale of property, until otherwise provided by law. Nor shall there be any sales under deeds of trust or decrees, unless by consent of parties interested until otherwise provided by law.

        SEC. 2. Where such executions have issued, and are now in the hands of officers, whether levied or not, the officer having such executions shall return the same to the magistrates, or the Court from whence they issued without further execution thereof, and executions upon the same judgments shall not issue again until the operation of this act ceases: Provided, that this act shall not be construed to discharge the lien which has already been acquired by the taking out such execution.

        SEC. 3. There shall be no trials of any cases requiring the intervention of a jury, nor upon warrants before a Justice of the Peace in any suit or action for debts or demands due on bonds, promissory notes, bills of exchange, covenants for the payment of money, judgments, accounts, and all other contracts for money demands, or contracts for specific articles.

        SEC. 4. This act shall not apply to liabilities upon the part of public officers, either to the State, counties, corporations, or individuals, nor to State, county or corporation taxes, nor to debts hereafter contracted, nor to debts due the State, nor to debts due from non-residents, nor to the annual collection of interest: Provided, that no note, bill of acceptance, or other obligation, the consideration of which is any debt or obligation at present existing, shall be held or considered as a debt hereafter contracted.

        SEC. 5. The interest which has accrued since the first day of January, A. D. 1860, or which may hereafter accrue upon any bond or promissory note, which was payable before the passage of this act, may be collected by action of debt, or assumpsit before any Justice of the Peace, if the amount of interest sued for be within his jurisdiction, and if not, then in the county or Superior Court: Provided, however, that no warrant or suit shall be brought except for the interest of one year or more (always making an even number) by computing the time from the day when the interest upon such bond or promissory note begun to accrue.

        SEC. 6. That any person who is about to remove his property out of the State, without the consent of his creditors, shall not be entitled to the benefit of this act.

        SEC. 7. That all mortgages and Deeds in Trust for the benefit of creditors, hereafter executed, whether registered or not, and all judgments confessed, during the continuance of this act, shall be utterly void and of no effect.

        SEC. 8. The time during which this law is in force, shall not be computed in any case where the statute of limitation comes in question.

        SEC. 9. That this act shall be in force from and after its ratification.