The weekly North-Carolina standard. [volume] (Raleigh, N.C.) 186?-1869, 1868-09-02

clerk, after being furnished with tile neces-
sary books, shall fail to keep then, up as
required by law, he shall be guilty OF mis-
demeanor, and the Solicitor shall cause him
rto be prosecuted for the same. If the Solici-
tor shall fail or'neglect to perform the duty
hereby imposed on him, he shall be label
to =, penalty of FIVE hundred dollars to any
person who shall sue for the same. i1
EXISTING SUITS.
The following sections, numbered l., 2, 8,
A, 5, relate exclusively to actions which have
been commenced, and in which no final
Judgment has been rendered prior to the
ratification of this act, as part of the Code
of Practice and Procedure. 80, ..,,..,..,
CLERKS TO DOCKET EXISTING SUITS.
SEC. 1. The clerks of the Superior Courts
at the request of a party thereto, within six
months from the ratification of a general act
respecting the practice and procedure of the
Superior Courts of this State, and on the
payment of a fee of one dollar, shall enter on
separate docket, all suits which, at the
ratification aforesaid, shall have been COM
menced, or in which final judgment has not
been rendered in the late County Courts,
Superior Courts of law, and Courts of
Equity, of their respective counties.
HOW SUCH SUITS PROCEEDED WITH.
Sec. 2. And every suit not so transferred
within the time aforesaid, shall be abated
and the Clerk of the Superior Court shall
tax costs against the parties liable and col
lect the same by the proper process a,s
Sec 8. The said suits shall be proceeded
in, and tried under the existing laws and
rules applicable thereto. After final judg-
ments shall be rendered therein, the Clerk
shall enter such judgments on the execution
docket required to be kept by him, and the
subsequent proceedings shall be as provi-
1ed for action hereafter to be commenced.
EXISTING JUDGMENTS NOT DORMANT.
Sec. 4. Existing judgments and DEGREES
not dormant may in like manner be entered
on the execution docket, and the subsequent
proceedings shall be as is prescribed for &C
tons hereafter to be commenced, as far as
shall be compatible with the previous pro-
ceedings, and no lien acquired before the rat
ifcation aforesaid shall be lost by any
change of process, occasioned by this act
''+ u DORMANT JUDGMENTS. & s.al
Sec. 5. Judgments or DEGREES which are
dormant at the ratification aforesaid, may
be revived or enforced in the manner herein
provided. ..-,f ...-.... ....
ACTION COMMENCED AFTER THE RATIFICA-
TIoN TO SECOND OLD DEBTS, &c.
SEC 6. In all actions hereafter commenced,
founded on such contracts as are provided
for in an ordinance Of the Convention of this
State, entitled San Ordinance respecting the
jurisdiction of the Courts of this State" rati-
fed on the 14th day of March, 1868, the
summons shall be made returnable to the
term of the Superior Court therein designa-
ted, and the subsequent proceedings shall be
in accordance with the provisions of said act.
EXECUTINs LEVIED ON PERSONAL PROPERTY
: Sec. 2. The late Sheriff of any County
Z having in his hands any .fere tacias execution,
which has been levied on personal property
of the, defendants, which is unsold shall
proceed to sell the same as now required
by law, he shall pay over the proceeds af-
ter deducting his fees, and shall also make
return of the writ, to the Clerk of the Su-
perior Court of the County, to any Court of
which the writ is returnable the proceeds
to be paid by the Clerk to the parties enti-
tied thereto. -.. .-fla ,-.a
F. EXECUTION SATISFIED.
Sec s. The said sheriffs shall in like
manner return all executions in their hands
which are satisfied, whether by sale of pro-
perty or otherwise, and shall pay over any
proceeds thereof 80. % ~ 1-.-s ...t-'
EXECUTIONS NOT LEVIED AT ALL, OR LIE
L. WED ON REAL PROPERTY.
Sec. g. As soon as the successors of the
said late Sheriffs shall have qualified and
given bonds as required by law, the said late
Sheriffs shall deliver to such successors, all
writs of executions in their hands which have
not been satisfied, and have not been levied
at all, or which have been levied on property
which has been sold, and residue remains
unsatisfed or have been levied on real proper
ty which in whole or in part remains unsold,
with return stating any receipt of money
by them, and their action under the writ.
The new Sheriffs shall proceed to act under
such writs as if the same had been addressed
and issued to them, and shall make return
thereof to the next term of the Superior
the writ is returnable. 80 .-.
Court fthe county. (oDto any Court of which
Any Sheriff falling to maize due returns of
such writs delivered to him, shall forfeit and
pay one hundred dollars to any person
grieved thereby, to be. recovered on mo-
tion to the Court before which the
writ is required to be returned. All pro-
ceeds of executions in part only satisfied,
while in the hands of any late Sheriff, shall
be paid by him to the clerk of the Superior
court of the county, to any court of which
the writ is returnable for the use of the par
ties entitled thereto under the penalties now
provided by law in case of failure. , ...
as EXECUTIONS To BE DocKETED. u.
SEC. 10. The clerk of any Superior
Court to which any execution shall be re-
turned as is above prescribed shall, at the re-
quest of any person interested therein, and
on the payment of one dollar, enter such ex-
ecutions, on his execution docket, and the
like process may be thereafter had thereon
as is provided in similar cases on judgments
recovered after the ratification of this act. Cos
PENALTY ON sHER1FEs FOR FAILING TO
.ra'- RETURN. ia a5sfys
SEC. H.. Any late Sheriff or other officer
having executions in bis hands, and failing to
make due return Thereof and to proceed as here
IN prescribed shall in each case forfeit and pay
to any person grieved. one hundred dollars,
be recovered on motion of the court. ,,-1
JUDGMENTS NOT DORMANT, wHEN-9L3
Sec. 10. No judgment shall be held to
have become dormant by reason of any stay
of execution thereon in obedience to any
general or special orders issued by the Gene
raj lately commanding the. military District
of which the State of North Carolina formed
apart, and the time during which execution
was SO stayed, shall not be counted in deter
mining any question respecting Judgment
being dormant ~ i. i.f,.', ~ -. "a,