Page 75

              1862-63. Chap. 48—49. 15
holders shall, after having; the evidence be satisfied that the Tenant to fee
' f 1 .... 1 1 11 d'epossesscd.
tenant holds over, that then the justice oi the peace shall
issue his order to the sherifi*, or other proper officer, com-manding
him to dispossess the tenant, and to put the land-lord
in possession.
Sec. 3. Be it furtlier enacted, That if either party, plain- Appeal allowed,
tiff or defendant, shall be dissatisfied with the finding of
the twelve freeholders, he shall be permitted to appeal to
the first term of the superior court, upon giving sufTicient
security ; Provided, however^ if the defendant appeals, he
shall be required to enter into bond with sufficient security
to cover tlie cost and all damages.
Spc. 4. Be it further enacted. That if the sheriff or other Sheriff or fre^-
1 11 /. •! 1 holders faili=^
proper officer shall rail to execute the precept, or to serve in duty to be
the notice as required without good cause, he shall pay a °* '
ine of twenty dollars for each default, and each freeholder
shall pay a fine of ten dollars for failing to attend according
to his summons, without good cause shown.
Sec. 5. Be it further enacted, That if the tenant holding HesiBtsnce to
over, or any one holding possession for him, shall resist the dictabie.
sheriff or other proper officer, the justice shall bind over the *
pai'ty or parties to the. superior court to answer any indict-ment
that may be preferred against him or them. [Batijied
the 1<jtli day of January, 1S€3.]
LEGACIES, DISTRIBUTIVE SHARES, &q.
AN ACT TO AMEND 2d SECTION G4tH CHAPTEK REVISED CODE. (jJidj)^ 49^
Section 1. Be it enacted hy the, General Assembly of the Formot lawie
State of Worth- Carolina, and it is hereby enacted hy the au- ^^^ ^"^'
ihoi'ity of the same, That the second proviso, section second,
chapter ^4th Revised Code, be, and the sanie is hereby re-pealed.
{Ratified the 12th day of Febnijary, 1863.]