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^,. ]8Gl-'G2-'C3-'e4.—CHAmR 4.
Transylvania on the third Monda}^ in August, and ia
Clay on the last Monday in August, and in Mitchell on
the second Monday in September, and in Allegliany on
the fourth Monday in October in each year, shall not
have jurisdiction of any civil case in which the interven-tion
of a jury may be necessary ; and it shall be the
duty of the clerk of said counts to make up a record in
all civil cases now pending in the said courts of pleas
and quarter sessions, and file the same, together wi'h th«
original papers, with the clerks of the superior courts of
law, on or before the fall term of the superior couits of
law in their respective counties ; and it shall be the duty
of the clerks of the superior courts of law to enter the
said cases upon their appearance docket, and the same
shall stand for trial at the said term of the said superior
•ourt as other cases now pending in said court.
Dtt^ of sher- Sec. 6. Be it further enacted, That in all cases in whick
*^" judgments have heretofore been taken in either the supe-rior
or county courts, and upon which executions hare
issued, it shall be the duty of the sheriff or other officer
in whose hands such executions have been placed fur col-lection,
to endorse a levy upon the property of the de-fendant
or defendants, sufficient to satisfy the same, and
return such executions without making a sale ; and upo»
return it shall be the duty of the clerk to issue a vendi-tioni
exponas OT fieri facias, at the election of the jdaintiff,
returnable to that term of the succeeding court which ia
held twelve months from the test of such venditioni expo-nas,
or fieri facias, and that all alias executions upon
judgments heretofore taken shall be returnable in like
manner.
T, ,, Sec. 7. Be it further enacted, That so much of the
i'enaUy on •' '
Eheriae. 17th section, of the 105th chapter of the revised code_, as
subjects sheriffs to a penalty of one hundred dollars for
not executing and returning process, be, and the same is
hereby repealed, as to all penalties incurred since the
passage of a bill at the last regular session of the Gene-
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| Title | Page 178 |
| Full Text | / ^,. ]8Gl-'G2-'C3-'e4.—CHAmR 4. Transylvania on the third Monda}^ in August, and ia Clay on the last Monday in August, and in Mitchell on the second Monday in September, and in Allegliany on the fourth Monday in October in each year, shall not have jurisdiction of any civil case in which the interven-tion of a jury may be necessary ; and it shall be the duty of the clerk of said counts to make up a record in all civil cases now pending in the said courts of pleas and quarter sessions, and file the same, together wi'h th« original papers, with the clerks of the superior courts of law, on or before the fall term of the superior couits of law in their respective counties ; and it shall be the duty of the clerks of the superior courts of law to enter the said cases upon their appearance docket, and the same shall stand for trial at the said term of the said superior •ourt as other cases now pending in said court. Dtt^ of sher- Sec. 6. Be it further enacted, That in all cases in whick *^" judgments have heretofore been taken in either the supe-rior or county courts, and upon which executions hare issued, it shall be the duty of the sheriff or other officer in whose hands such executions have been placed fur col-lection, to endorse a levy upon the property of the de-fendant or defendants, sufficient to satisfy the same, and return such executions without making a sale ; and upo» return it shall be the duty of the clerk to issue a vendi-tioni exponas OT fieri facias, at the election of the jdaintiff, returnable to that term of the succeeding court which ia held twelve months from the test of such venditioni expo-nas, or fieri facias, and that all alias executions upon judgments heretofore taken shall be returnable in like manner. T, ,, Sec. 7. Be it further enacted, That so much of the i'enaUy on •' ' Eheriae. 17th section, of the 105th chapter of the revised code_, as subjects sheriffs to a penalty of one hundred dollars for not executing and returning process, be, and the same is hereby repealed, as to all penalties incurred since the passage of a bill at the last regular session of the Gene- |
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