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186(>-'67.] NORTH CAROLINA. 85
OIPRISO.VMENT FOR DEBT.
CHAPTEE LXIII.
AN ACT TO ABOLISH IMPRISONMENT FOR DEBT.
Section 1. Be it enacted by the Gcmral Asse nhly of the
State of North Carolina, and it is hereby enacted by the au-thority
of the same, That from and after the passage of this
act, it shall uot be lawful to arrest or imprison any person
upon any original writ for debt, assumpsit, covenant or any
other breach of contract, issuing out of any court of record
in this State, or upon any warrant issuing from any Jus-of
the Peace, nor upon any capias ad satisfacie-nd.um issu-ing
from any Court of Kecord or from any Justice of the
Peace in this State.
Sec. 2. Be it further enacted, That all original writs
shall only snmmon the defendant or defendants to be and
appear at the next terra of the court, to which said writs
are returnal>le : Provided, That if the plaintiff, in any ac
tioii of debt, assumpsit, or covenant, shall make oath in
writing, that tlje defendant or defendants are about to re-move
himself or property beyond the limits of this State,
and shall, at the same tin)e, swear to the amount that such
per-^on or persf^ns are indebted to him, and that the same
is justly due, then the plaintiff shall have a capic(.s ad res-pojidendum
or ad satisfaciendum, or a bail warrant to arrest
the body of such absconding debtor : Provided furthert
That if at any time after the issuing of the writ, and I e.
fore execution levied, the plaintiff, his agent or attorney,
shall make oath before the Cleik of the Court, from which
the writ is issued, that the defendant is about to leave the
State, or remove his property beyond the limits of the
State, then the Clerk shall issue an alias writ of capias ad
Aboliahed
Provisoa.
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