Art. IV §26 | PROTHONOTARY AS CLERK OF SUPERIOR COURT; POWERS AND DUTIES; ENTRY OF TESTATUM FIERI FACIAS
The Superior Court shall appoint a Prothonotary in each county to hold office at the pleasure of the said Court. The Prothonotary of each County shall be the Clerk of the Superior Court in and for the County in which he or she holds office. He or she may issue process, take recognizance of bail and enter judgments, according to law and the practice of the court. No judgment in one county shall bind lands or tenements in another until a testatum fieri facias being issuedshall be entered of record in the office of the Prothonotary of the County wherein the lands or tenements are situated. Such Prothonotary shall perform all duties heretofore performed by the Clerk of the Peace as Clerk of the former Court of General Sessions and the former Court of Oyer and Terminer. This section shall not be interpreted to prevent the transfer of a judgment from any court of one county to the Superior Court of another county pursuant to legislation enacted by the General Assembly, nor shall it be construed to require the issuance or entry into the record of a testatum fieri facias when a judgment is transferred from a court of one county to the Superior Court of another county pursuant to legislation enacted by the General Assembly.
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