Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1868-08-28

shall enter such judgments on the execu.
ton docket required to be kept by him,
and the subsequent proceedings shall be as
provided for action hereafter to be com.
menced. -
EXISTING JUDGMENTS NOT DORMANT
Sec 4. Existing judgments and DEGREES
not dormant may in like manner be en-
tered on the execution docket, and the sub
sequent proceedings shall be as is pre-
scribed for actions hereafter to be com
menced, as far as shall be compatible with
the previous proceedings. and no lien &C.
quired before the ratification aforesaid
shall be lost by any change of process
occasioned by this act.
DORMANT JUDGMENTS.
SEC. 5. Judgments or DEGREES which are
dormant at the ratification aforesaid. NAV
be revived or enforced i'll the manner here
in provided.
ACTION COMMENCED AFTER THE RATIFICATION
TO SECOND OLD DEBTS, &C
Sec. 6. In all actions hereafter COM
menced, founded on such contracts as are
provided for in an ordinance of the Con-
ventlon of this State, entitled San Ordi-
nance respecting the Jurisdiction of the
Courts Of this State" ratified on the 18th
| day of March, 1868, the summons shall be
made returnable to the term of the Supe-
rior Court therein designated, and the sub
sequent proceeding shall be in accordance
with the provisions of said act.
EXECUTIONS LEVIED ON PERSONAL PROPERTY.
Sec. 7. The late Sheriff of any County
having in his hands any ,fere ffacids execu-
ton, which has been levied on personal
property of the defendants, which is IN
sold shall proceed to sell the same as now
required by law, he shall pay over the pro-
ceeds after deducting his fees, and shall
also make return of the writ, to the Clerk
of the Superior Court of the County, to
any Court of which the writ is returnable,
the proceeds to be paid by the Clerk to the
parties entitled thereto.
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-
perry or otherwise, and shall pay over any
proceeds thereof.
EXECUTIONS NOT LEVIED All ALL, OR LEVIED
ON REAL PROPERTY.
Sec. 9. 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 resi-
due remains unSatisfed, or have been
levied on real property which in whole or
in part remains unsold, with o return sta
ting 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
Court Of the county, (or) to any Court of
which the writ is returnable.
Any Sheriff failing to make due returns
of such writs delivered to him, shall forfeit
and pay one hundred dollars to any per-
son grieved thereby, to be recovered on
motion to the Court before which the writ
is required to be returned. All proceeds
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
party entitled thereto under the penalties
now provided by law in case of failure.
EXECUTIONS TO BE DoCKETED.
Sec 10. The clerk of any Superior Court
so which any execution shall be returned
as is above prescribed shall, at the request
of any person interested therein, and on
the payment of one dollar, enter such ex-
ecntions on his execution docket, and the
like process may be thereafter had there
on as is provided in similar cases on judg-
ments recovered after the ratification of
this act.
PENALTY ON sHERIFFs FOR FAILING TO
RETURN.
Sec. II. Any late Sheriff or other officer
having executions in his hands and failing
to make due return thereof and to proceed
as herein prescribed shall, in each case,
forfeit and pay to any person grieved, one
hundred dollars, to be recovered on mo-
ton of the court.
JUDGMENTS NOT DORMANT, WHEN
Sec. II. 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
General lately commanding the military
District of which the State of North Caro-
lima formed part, and the time during
which execution was so stayed, shall not
be counted in determining any question
respecting Judgment being dormant.
ORDINANCE OF 18th MARCH, 1868, NOT
AFFECTED.
Sec. Is. Nothing in this act contained
shall affect or impair any right given by an
ordinance of the Convention of this State,
entitled San Ordinance respecting the juris-
diction of the Courts of this State, ratified
the 14th day of March, 1868, in the cases
to which it is applicable.
Ratified the Nth day of August, A. D.,
1868.
Orange County-Coi. Robt. Strange.
AT A,~