Western sentinel. [volume] (Winston [i.e. Winston-Salem], N.C.) 1856-1886, 1866-03-23


months after said return, to issue execu-
tion as aforesaid for one-half Of The remain
der OF the sum recovered, aud interest
thereon and upon said return, it shall be
the duty Of the clerk, sixty days before
that term of the court which is held twelve
months after said return, to Issue execu
tion as aforesaid, for the remainder OF the
sum recovered and interest thereon Pro
gaded, That if the defendant shall pay into
office. or file before the clerk, receipt
from the plaintiff therefor, any one of
said instalments, before the time fixed for
issuing execution, as aforesaid, in such
case execution shall be stayed for said in
stalmcnt: Aaad, provided further, That the
Judgment shall constitute lien on the
land of the defendant until said judgment
is satisfied, or the lien discharged by the
act or laches Of the plaintiff.
. SEC. 5. Bel further enacted, That so
much OF the 18th section, chapter 105. of
the Revised Code, as subjects a sheriff to
a penalty of one hundred dollars for not
executing and returning process, be, and
the sans is hereby repealed, except as
provided in this act, as to all penalties
which may be alleged to have been incur
red by a compliance with the provisions
of this act.
Sec. 6. Be 1t further enacted, That it
shall be the duty Of all constables and 9th,
er officers to levy any execution which
may be in their hands, issued upon .indg-
ments heretofore rendered by magistrates.
and to return the same together with said
levies to the justices of the peace who is
sued the same, or to some o1her magistrate
in said county, whose duty it shall be, up
on the application Of the plaintiff, to issue
a vesa1staon1 erpoaads, returnable not soon
er than twelve months from the daee
thereof, and for the like proportion of the
sum recovered, as herein before prescribed
on execution issued from the superior
courts. and so from twelve months to
twelve months until the Judgment is salts
fed: Provided, hoaoere,', That 'nhen there
is no, personal property, or no sufficient
to satisfy the plaintiffs demand, it shall be
! the duty of such officer to levy tie execu-
ton on the defendants land, and when
there is no personal property, or the same
shall have been exhausted by sales as
herein directed, to return the same to the
next superior court of the county, where
the same proceedings shall be had as in
cases OF original jurisdiction in enforcing
payment by execution.
| SEC. Z. Be 1T further enacted, That here
after all civil warrants issued by justices
of the peace, where the proceeding is not
| by attachment, shall be made retnrnable
for trial twelve months after the date OF
| issuing such warrant, and not before; and
| no justice OF the peace shall have power
or j jurisdiction to try any such warrants
before the expiration of twelve months
! from issuing the same: Paovided, That
the defendant is resident of the State !;
and all executions Issued by justice Of
the peace, shall be made returnabie twelve
months from the issuing of the same !; and
upon trial Of such warrant either party
[uray appeal from the judgment to the next
succeeding term OF the superior court by
giving security as is now provided by law,
in cases Of an appeal from justices's iudg-
ment and upon JUG cgment there had, ac-
cording to the course Of the court /; and
npon all judgments given by q magistrate
and no appeal therefrom, execution shall
/ issue and be returnables in like manner
and time, aud for the like proportion Of
1 the sum recovered as herein before provi-
ded, where suit is brought IN the superior
. court Provided, hoaoeuer, That all pro-
ceedings before any justicesor Justices for
any forcible entry or detainer,l or. against
any other person holding over against a
] landlord, or in any other case rounded in
tort, where Jurisdiction has heretofore
/ been given, or may hereafter be given. to
/ one OF more Justices to. existing law, shall