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An Act regulating executions. 1822 19 (1822)

handle is hein.slavery/ssactsfl0006 and id is 1 raw text is: AN ACT lnlgulating Executions. I. Be it enacted by the Governor and Legialative Coun- Writs ofi. f, o cil of the Territory of ,lorida, That, all persons recover- ca. 6.t. at the e'e ing any debt, damages or costs by the judgement of any tionof the plff. Court of record within this Territory, may at their electi- on, prosecute writs of fieri facias or capias ad satisfacien- dun, for taking the goods, lands or body of'the person or persons against whom such judgment has been obtained, Style ofwrit#. in manner following: All wrils shall be in the name of the Territory of Florida , and be tested by the Clerk of the Court, from which they are issued, and shall be returna- ble fifty (lays after they are issued, by the clerk to the offi- cer. 2. Be Itfurther enacted, That, when any execution has When notsatisfied. been issued and not returned satisfied, the party at whose suit it issued, shall have power to take out others at his own costs,-and when upon a Ca. Sa. the sheriff shall re- Ca, sa. turn that the defendant is not found, the plaintiff may sue out afieri facias or another Ca. Sa. and where part of the debt is made, the party may take out execution for the Fi. fa. residue. 3. Be itfurther enacted, That, the goods, chattles, lands What property and tenements, shall be bound by the judgment of tile bound by a judp Court, and after the rendition of said judgment, all Sales, ment. Mortgages, or lncumbrances, shall be void and the first judgment shall be first satisfied. 4. Be it fiurther enacted, That, if the defendant move Ifthepartyremova himself and his effects, out of the County, it shall be law- ful for the plaintiff to issue his execution, to any other County in the Territory. 5. Be it further enacted, That, in levying execution the Order in which officer shall observe the following course, first to levy property to be It. upon tle goods and chattels, and if none are to be found, vied on. then upon the slaves, and finally upon the lands. 6. Be itfurther enacted, That, whenever any lands are When land is Is- levied on, the defendant may surrender personal property vied on. in lieu thereof, and the officer shall take the same in exc- cution, and where said land shall he levied on, it may be lawful for the plaintiff to select an appraiser, and the de- fendant one also, who shall value the land, and should the Appraisers. appraisers not agree, the officer shall select an umpire, and after advertising the land at the Court House door, fifteen Notice. days before the day of sale, if it does not bring two thirds of its appraised value, it shall not be sold, but again ad- vertised for 20 days at tile most public places in the Coun- llighest bidder. ty, and then sold to the highest bidder, for as much as it will bring. 7. Be it further enacted, That, when an execution has Venditioniexpo- been levied in less than te~n days before the return day, the nas. sheriff shall return the same, and take out a venditioni ex- C

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