The point presented by this appeal has been passed upon at this term in Turner v. Page. There the reason of the decision is so clearly laid down by Mr. Justice MacRae that it is unnecessary to do more than refer to that case, and to say that after the aid given us by the able argument of appellee’s counsel, we are nevertheless satisfied of the correctness of our former ruling. The Sheriff is not compelled to make his return of an execution on the first day of the term, though it is more regular, and for many reasons desirable that he should do so. It is sufficient if he make the return during the term (The Code, § 449), unless ruled to make it on an earlier day of the term, Ledbetter v. Arledge, 53 N. C., 475. But the term expires when, the business being dispatched, the Judge adjourns Court or leaves. Branch v. Walker, 92 N. C., 87; Foley v. Blank, 92 N. C., 476. In the latter case it is said “a pleading placed on the files of the Court in the absence of the Judge, after he has left for the term, is not filed in contemplation of law.” ' So a return made at such time is not made to the term. The term of the Court is held by the Judge, and there can be none after he leaves. It was the Sheriff’s negligence that he did not make his return promptly as he should have done, but held it back under the impression that the term would last full two weeks. It is public policy that officers should be prompt, diligent and careful.
The term having expired before the return was made, the judgment nisi should have been made absolute. The Code, § 2079. The case will be remanded, that the judgment shall be so entered.
Reversed.