State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-339_50

§1‑339.50.  Officer's return of no sale for want of bidders; penalty.

When a sheriff or otherofficer returns upon an execution that he has made no sale for want of bidders,he must state in his return the several places he has advertised and offeredfor sale the property levied on; and an officer failing to make such statementis on motion subject to a fine of forty dollars, for the use and benefit of theplaintiff in the execution; for which, on motion of the plaintiff, judgmentshall be granted by the court to which, or by justice to whom, the executionshall be returned. Nothing in, nor any recovery under, this section is a bar toany action for a false return against the sheriff or other officer. (1815,c. 887, P.R.; R.C., c. 45, s. 19; Code, s. 462; Rev., s. 650; C.S., s. 697;1949, c. 719, s. 2; 1995, c. 379, s. 14(a).)