Holly Springs gazette., 1844-03-09

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Sec 4th Be Il further enacted. That
said Clerks shall not be required to make
said entry and enrolment unti. the fees there
of as above provided are paid.
Sec 5lh. Be IL further eRcetsi That
| the said severa! Clerks shall Immediately
upon application as aforsaid. and payment
| oil the fees aforesaid, enter and enrol under
the provisions hereof, any judgment. decree
or forfeited forthcoming bond. as may be re
quired 10 be enrolled under the provisions Of
this act, sad shall so enter and enrol the
same according TO the priority N which the
said applications for entry and enrolment
shall be MADE ana, upon IaHure SO 10 oO,
shall forfeit and pay TO the party making
the application, the sum of hve hundred
dollars TO be recovered in an action Of debt
and besides shall be liable In an action upon
the case for all damages occasioned by such
failure or neglect and shall furthermore be
guilty of a miSdemeanor 10 office. and upon
conviction thereof. shall be subject 10 imprlS-
onment for not less than ten, nor more thar
thirty days.
Sec 9th Be IL further enacted, That
any judgment oil judgments. decree or de-
crees, that have heretofore been rendered, or
that hereafter may be rendered, and any
forthcoming bond or bonds. heretofore for
feiied. or that may hereafter be forfeited,
shall cease to operate as lien or liens upon
any property OF the defendant or defendants
thereto, or any oblgor in said bond or bonds.
until the same shall be entered on said
JUDGMENT Roll" and the lien thereof
shall be from such enrolment instead of
from the rendition of the judgment or decree
or forfeiture of the bond, as is now the case.
Sec. 7th. Be Il further Enacted, That
the purchaser or purchasers of any proper
ty sold at execution sale by the Sheriff or
Coroner, shall take the same disc harged Of
all liens of judgments, and DEGREES or forfeit
ed forthcoming bonds, whether the same be
sold under an execution issued upon the elder
or Junior judgment, decree. or forfeited forth
coming bond.
Sec. Sth. Be IL farther enacted, That
the liens OF judgments. DEGREES, and forfeited
forthcoming bonds shall oRly operate in ia
vor of the judgment creditor against tho
Judgment debtor or Debtors and purchasers
from such Judgment debtor or debtors, and
then only from the day of their enrolment
aA hatsraAn tha.ra
Sec 9th. Be 10 further enacted That af
ter sale of any property by the Sheriff or
Coroner. on execution, before the money Is
paid over by him, he shall examine the
Judgment Roll" to ascertain if there be
any elder judgment or judgments. decree or
decrees, forthcoming bond or bonds, forfeit
ed therein, enrolled against the defendant or
defendants in said execution. having a PR
oTity of lien, aud If there be, he shall apply
the proceeds of such sale TO such elder judg-
ment, decree or forfeited forthcoming bond
so having priority of lien and return such
application upon the execution on which
such sale shall have been made: but should
there be any dispute as to which judgment,
decree or forfeited forthcoming bond. has the
priority of lien, then the Sheriff shall make
statement of the fact of such dispute, and
return the same, with the execution and
the money raised thereon, into the Court TO
which the same is retIrnable. and the Court
shall. upon motion. and examination of the
facts, determine to whom the money. so rails
ed upon execution. shall be paid.
Sec 10th. Be IL further enacted. That
a copy of such entry and enrolment, cerif-
ed under the seal of the Court, snail be full
evidence of the iacs stherein set forth, and en-
tered upon said Judgment Roll"
Sec lIth BE IL further enacted, That
all liens of judgments, DEGREES, and foIf tied
bonds, shall cease and deter
mine, as eaihst purchasers or creditors, of
the debtor OF debtors, unless The same shall
De enforc ed by exec ulion vi hin five years
from the entry and enrolment of the same
on the judgment roll under the provisions Of
this act.
Sec 18th Be IL further enacted, That
tho baalr hanks required IN he praeIrad
as lude ment roll under the provisions Of
the first section of this act. shall be divided
into twenty six equal parts, each part con-
tanning an equal number Of pages, a: The
head of each page of the first part shall be
placed the first letter of the alphabei, and so
on at head of each page of each part, unlilthe
several parts are appropriately arranged un-
der the several letters of the alphabet, and
on each page under the letter thereon shall
be placed the following caption. to wit
Defen-l Ami cf Date of Couny Date Of Plain
dantS Judgment rendi- in which, enrol Tiff s
names decree or Ition or RENDERED meni. names