Anonymous, 2 N.C. 479, 1 Hayw. 479 (1796)

Oct. 1796 · North Carolina Superior Court

2 N.C. 479, 1 Hayw. 479

Anonymous.

Mr. Hay produced several executions which had been delivered to ihe late Sheriff of Anson, who liad returned levied, and not sold for want of bidders. Also, several writs of venditioni exponas issued upon these returns, and stated that these latter writs were put into the hands of the late. Sheriff before his going out of office, and to the present Sheriff he had not pointed out any property which lie could sell according to the exigence of the writs. He moved that the late Sheriff should he amerced, under the act of 1777, ch. 8, sec. 5.

Per curiam

Let him be amerced ; he ought to have made a return to the writs of venditioni exponas; he ought to have sold the property, though no writs of ven-ditioni exponas had issued : and having once taken it, he cannot afterwards put it upon the new Sheriff to execute these writs. Let there also issue writs of distringas to the new Sheriff, to compel the late Sheriff by distress to to levy the monies, and deliver them to the new Sheriff, to be brought into court.

Note. — Vide Gov’r. to the use of Holliday’s exr’s. v. Eastwood et al. 1 Dev. Rep. 157.