Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1874-05-21

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said cause upon its appropriate docket, and it
shall stand for trial without any further no.
tice Of trial or note Of ISSUE"
Sec. IA. Strike out section three hundred
and thirteen (313) and insert 81 final judgments
hereafter entered in any court Of record in
this State, shall constitute lien upon the real
estate of the judgment debtor in the county
where the same are entered, for a period Of
ten years from the date Of entry of such
judgments and in cases where judgments
have been obtained since the first day of
March, A. ID. 1870, a like lien may be OBJ
taned by tie service Of a summons upon the
Judgment debtor, or if he be dead, upon his
heir, executor or administrator, to show cause,
if any he or they may have, why the said
! judgment should not be and become lien in
accordance with the provisions Of this act ;
and if no sufficient cause be shewn to the con-
trary, said judgment shall be and become a
lien on all the real property of the judgment
debtor in the county where entered, for ten
years from the date of the filing Of such sum-
mons, with proof of service thereof, in the
office of the clerk Of the court of common
pleas, of the county where such judgments
have been entered; but no judgment shall
constitute lien on any property of the judg-
ment debtor outside of the county where the
same is entered, unless transcript thereof is
lodged in the Office of the clerk Of the court
of common pleas of the county where the
property of the udgment debtor may be situ-
ate and, from the date Of the filing of such
transcript, it shall have the same force and
effect as if the judgmen had been originally
entered in the county in which said transcript
is filed. Provided, however, where any judg-
ment has been obtained, and execution issued
since the 1st day of March, A. D. 1870, and
the said judgment or execution has now
lien by reason Of levy, in accordance with
the provisions of the Code of Procedure, then
the lien Of such judgment or execution shall
date from the day upon which it became a
lien under said Code of Procedure. Provi-
ded, further, That the plaintiff in such judg-
ment may, at any time in three years after its
active energy has expired, revive the judg-
ment, with like liens as in the original, for a
like period by service of summons on the
debtor, as provided by law, requiring him to
shew cause, if any he can, at the next term Of
the court for his county, why such judgment
should not be revived; and if no good cause
be shown to the contrary, then it shall be de-
creed that such judgment is revived accord
ing to the force, form and effect Of the former
recovery. Provided, further, That this Sec
tion shall not be so construed as to make final
judgments, in any case, lien on the real
property Of the judgment debtor, exempt
from attachment, levy and sale, under the
constitution.
Sec. Is. Strike out sections three hundred
and fourteen {314,) three hundred and fifteen
(315) and three hundred and sixteen (3l6,)
and insert: Execution may issue upon any
Judgment or decree, within three years from
the entry thereof, without any revival of the
same when levied on personal property, they
shall be lien on such property, for the period
of four months from the date of such levy,
and such levy money may be renewed, from
time to time, with like effect, shall be made
returnable, in the words according to law and
shall have active energy from the time they
shall first be lodged until the regular term of
the court from which they were sued, which
shall follow next after the full completion Of
five years from its lodgment; and may be re-
newed at any time during the continuance Of
its active energy, without costs but, after the
expiration ofits active energy, as aforesaid,
the same may be renewed by the service Of a
summons on the judgment debtor, his heirs,
executors or administrators, to show cause, if
any they may have, why the same shall not
be renewed; and, if no sufficient cause be
shown, the same may be renewed and so,
from period to period, as often as the same
may be found necessary, and, whenever re-
newed, shall be subject to the rules herein
provided.
Sec 16. The sheriff, coroner or other Of
icer, with whom final process as aforesaid,
shall be lodged, shall, at each regular term
of the court from which the said execution or
process was sued out, during the continuance
of its active energy, until full execution there
of be returned, make return to the office Of
the clerk of the Court of Common Pleas of
his actings and doings Hereunder. If he
shall have fully executed, he shall return the
process, with the Manner of its execution; if
he shall have partially executed, he shall re-
turn, on oath, to the clerk, statement, in
writing, under his land, of such partial exc
cution, with the reaaon of his failure as to the
remainder. If he snail have wholly failed to
make execution, he shall return, on oath,
statement, in writing, under his hand, of his
failure, with the reasons And, in any event,
on the first day of the term at which the &C.
tive energy of the process shall cease, as here.
in provided, he shall return the process, if the
same has not been before returned as fully ex-
ecuted. And the return of the officer, made
as aforesaid, shall, for all purposes, have the
same legal effect as if the said process had
been made returnable to the term succeeding
its first lodgment, and renewed after each sub
seouent regular term For failure or neglect
to make any of the returns above mentioned.
or for any false return, the sheriff, or other Of
ficer as aforesaid, shall be subject to rule, at
tachment action, penalty and all other con.
sequences provided by law for neglect Of duty
by executive or judicial officers.
Sec. II. Strike out section three hundred
and thirty three, and insert in place thereof
the following: "When allowed, except in
courts of trial justices, costs shall be as fol-
lows:
l. To the plaintiff, for all proceedings
where Judgment is obtained by default, ff-
teen dollars for trial of issue of fact, twenty
dollars; for trial of issue of law, fifteen dol
lars.
2. To the defendant, where judgment or
verdict is found for the defendant, the same
costs as are allowed plaintiff in like cases.
3. To either party, in all contested cases,
fifteen dollars; for commission to take tes'
timony, ten dollars for the examination of a
party or witness before trial, FIVE dollars;
for the appointment of a guardian of an in
FAINT, ten dollars; for making and serving
case, or case containing exceptions, ten dol
lars for procuring an order of injunction,
five dollars.