The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1870-08-19

ton, for the term of one hundred
and twenty days from the time of 10 n.
ing the copy thereof, and when incum-
bered by previous attachments, or liens,
the lien, thus created, shall remain after
the removal Of such prior incumbrance,
or lien, one hundred and twenty days.
The Register of Mesne Conveyance
shall keep record of such copy in the
same manner rs attachments on mesne
process.
SEC. 315. The execution shall be re-
turnable, within sixty days after its re-
ceipt by the officer, to the clerk with
whom the record of Judgment is filed.
If the first execution is returned unsatis-
fed, in whole or in part, another execu-
ton, rs of course, may be issued at any
time within the period limited by this
Act for issuing executions.
Sec. BIG. The lodgment of executions,
hereafter issued, with the Sheriff, shall
not bind the personal property of the
debtor, but personal property shall only
ho bound by actual attachment or levy
thereon.
Sec. 317. Until otherwise provided by
the Legislature, the existing provisions
of law, not supplied by, or in conflict
with, this Chapter. relating to executions
and their incidents, the property liable
to sale or execution, the sale thereof. the
powers and rights of officers, their d,tie,
thereon, and the proceedings to enforce
those duties, and the liability of their
sureties, shall apply to the executions
prescribed by this Chapter.
CHAPTER II.
PROCEEDINGS SUPPLEMENTARY TO THE ENE-
CUTION.
SECTION 31S. Order for discovery of
property, examination Of judgment,
dobsor, &c.
SEC. 319. Any debtor to execution deb
tor may pay his debt to sheriff.
SEC. 800. Examination of debtors of
judgment debtor, or of those having
property belonging to him.
SEC. S2l. Witnesses required to tes-
tify.
SEC. 322 Compelling party or wit
nesses to attend.
SEC. 323. What property may be or
dered to bo applied to the execution.
SEC. 324. Judge may appoint receiver,
and prohibit transfer of property.
SEC. 325. Proceedings upon claim of
another party to property, OF on denial
of Indebtedness to judgment debtor.
SEC. 326. Reference by Judge.
SEC. 327. Costs of proceeding.
Sec. 32S. Disobedience of order, how
punished.
SEC. 31S. 1. When m execution
against property of the Judgment deb
tor, or any one of several debtors in the
same judgment. issued to the sheriff of
tue County, where he resides, or has
place of business. or if he do not reside
in the State, to the sheriff of the County,
where judgment-roll or transcript of
q Justices judgment for twenty i've dol
lars or upwards, exclusive of costs, is
filed. Is returned unsatisfed, in whole or
in part, the judgment creditor, mt any
time after such return made, is entitled
to al order from Judge of the Circuit
Court. or requiring such judgment deb
tor to appear and answer concerning his
property, before such Judge, at n time
and place specified in the order. within
the County to which the execution was
issued. 2. After the issuing of m execn-
ton against property. and upon proof by
affidavit, of party or otherwise, to the
satisfaction of the Court, or a Judge
thereof, that any judgment debtor has
property which he unjustly refuses to
apply towards the satisfaction of the
judgment, such Court or Judge may, by
an order, require the judgment debtor to
appear at n specified time and place, to
answer concerning the same: and such
proceedings may thereupon be had for
the application of the property of the
judgment debtor towards the satisfaction
Of the Judgment as are provided upon
the return of an execution. 3. On an
examination under this section, either
party may examine witnesses in his be-
half, and the judgment debtor may be
examined in the same manner as wit
ness. 4. Instead Of the order requiring
tue attendance OF the judgment debtor,
the Judge may. upon proof by affidavit
or otherwise, to his satisfaction, that
there is danger of the debtors leaving
the State. or concealing himself, and that
there is reason to believe he has pro-
perty which lie nnjnstly refuses to ap-
ply to such Judgment, Issue q warrant re-
quiring the Sheriff of any County where
such debtor may be to arrest him and
bring him before such Judge. Upon be-
ing brought before the Judge, hc may
be examined on oath, md if it then ap-
pears that there is danger Of the debtors
leaving the State, and TINT he has pro-
pcrty which he has upjustly refused to
apply TO such Judgment, ordered to en-
ter into an undertaking. with one or