The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1870-08-19
COLUMBIA. S. c.. FRIDAY MORNING. AUGUST 10, 1870
CODE OF PROCEDURE. Continued.

OF real or personal property, the same
may be enforced in those respects by
execution, as provided in this title.
Where 1T requires the performance of
any other act, certified copy of the
Judgment may be served upon the party
against whom it is given, or the person
or officer who is required thereby or by
law to obey the same, and his obedience
thereto enforced. If he refuse, he may
be punished by the Court as for q con-
tempt.
SEC. 800. There shall be threo kinds
OF execution; one against the property
OF the judgment debtor; another
against his person; and the third for tho
delivery of the possession of real or
personal property, or such delivery with
dnmnScs for Withholding the same
They shall be deemed the process of tue
Court.
Sec. 80. When the execution is
against the property of the Judgment
debtor, it may be issued to the Sheriff of
any County where judgment is docketed
When it requires the delivery of real or
personal property, it must be issued "
the Sheriff of the County where the
property, or some part thereof, is stu
ated. Executions may be issued at the
Real property adjudged to be sold
must be sold, in the County where it
lies, by the Sheriff of the County or by
referee appointed by the Court for thnt
purpose; and, thereupon, the Sheriff or
referee must execute conveyance to
that purchaser, which conveyance shall
be et1ectual to pass the rights and
interests of the parties adjudged to be
sold.
An execution may issue against q
married woman, and it shall direct the
levy and collection OF the amount of the
Judgment against her from her sepa, tic
property. and not otherwise.
SEC. 311. If the action be one IN
which the defendant might have been
arrested, rs provided in Section two
hundred and two, and Section two hun
dred and four, OH execution against the
person of the judgment debtor may be
issued to any County within the jurislio.
tion of the Court, after the return of M
execution against his property unsatisfied
in whole or in part. But no execution
shall issue against the person of n judg-
ment dc:ttor, unless an order of arrest
has been served as in this Act provided,
or unless the complaint contains state
ment of facts showing one or more of
the causes of arrest required by Section
two hundred and two.
SEC. 312. The execution must be di-
rected to tho Sheriff, or Coroner, when
the Sheriff is q party or interested,
attested by the Clerk, subscribed by the
party issuing it, or his attorney, and
must intelligibly refer to the judgment,
stating the Court, the County where the
Judgment roll or transcript is filed, the
names Of the parties, the amount of the
Judgment, If it be for money, and the
amount actually due thereon, and the
time OF docketing in the County to which
the execution is issued, and shall require
the officer. substantially, as follows:
l. Ii 1t be against the property of the
judgment debtor, it shall require the
officer to satisfy the judgment out of the
personal property of such debtor; and if
sufficient personal property cunnot be
found, out of the renl property belong
ing to him.
2. If it be against real or personal pro-
perty in the hands Of personal represcn-
tatives, heirs, devises. lcgatees, tenants
of real property, or trustees, it shall re-
qulre the officer to satisfy the judgment
out of suoh property.
3. Ii 1t be against the person of the
Judgment debtor, it shall require the
officer to arrest snch debtor, and commit
him to the Jail Of the County until he
shall pay the judgment or be DISCHARGED
according to law.
4. If it be for the delivery of the pos
session of real or personal property, it
shallrequire the officer to deliver the pos
session Of the same, particularly describ-
ing it, 10 the party entitled thereto. and
may Mt the same time require the officer
to satisfy any costs. damages, or rents or
profits recovered by the same judgm nnt,
out of the personal property of the ;,drty
against whom it was rendered, and the
value Of the property for which the
judgment was recovered, to be specified
therein; if n delivery thereof cannot he
had, and if sufficient personal property
cannot be found, then out of tli.. real
property belonging to him, and sh::.l il
that respect be deemed m execution
against property.
SEC. 313. Final Judgments hereafter
rendered, shall not of themselves consti-
tute lien upon real or personal pro-
perty, or in any way bind the real or
personal property of the Judgment
debtor: Proride1, That the real or per
sonal property attached and held on