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An Act to reduce into one, the several acts and parts of acts concerning executions, and for the relief of insolvent debtors. 1796 52 (1796)

handle is hein.slavery/ssactsky0017 and id is 1 raw text is: (52)
'n A CT to reduce into onei tbe fev~ral'a.r afd parts of aar concerniqg
EXECUTI9NS, andfor the rlif 0fINsULVENT DEBTogs.
(PAssmD DEcEMBER i9th,;1796.)
flow executions may  § I. BE it enafted byte general affembly, That all perfons reco-
iue onjudgments. vermg any debt, damages or coffs, by.the judgment of any court
of record withhi this commonwealth, may, at their elefion, pro-
fecute writs of fleri faas, elegit and capias ad fatisfaciendum
within theyear, for taking the goods, lands or body, of the'per-
fon or perfons againift whom fuich judgment is obtained, in man-
ner following: All fuch writs fha-ll run in. the name of the con-
By nhom to bear inonwealth, and bear tefte by ,the clerks of the courts'refpecffively,
tfle, and wheni re- and fhall be returnable to any of the. rule days of the faid courts,
turnable.           -..            •                        - •  . .. •  .  .  2
afo that there be at leaft thirty, and not iore than ninety days be-,
owexecutionsmay. tween the tefte and return of the raid writ:. Provided that execu-
ifeo      thecourtoftions may iflue from the court of:appeals, returnable inthe fame
apteals.    manner dire&ed by-.the a&, enttled ' An. at eftablifhirng the
court of appeals. The forms of the feveralI',its fliall be' as fol-
The form of a fieri lows, mutatis mutandis, to wit :'A fierifacias in debt, The com-
racias in debt.  monwealth of Kentucky tothe fheriif of'  county, greeting,:
We command you that of the eftate of. A. B. late' of your'baili-
wick, you caufe to be made the fum of    which C. D lately
in our court-hathrecovered againft him for debt; alfo the fifm of
which to the raid C. D. in the fame court, were adjuidged
S for his damages, as Well by reafon of detaining the faiddlebt as
for his coRs in that fuitexpended wlreof he is convic&edas ap-
pears to us of repord, and that you nave, the faid  befor'
the judges or juftioes (as the, cafe may be) of our faid court or
.the      dayof. * to render to the faid C. D. ofthe debt and
damages aforefaid, and hae then there, thisrit.--Witnefs, &c,'
Cafe4      The fame. in-cafeupon a      roniifeas before unto  for his
damages whiqh' he has 'Ufained, as Well by reafonofhis not per
forming a certain promife and affliiption to the Laid 'C. D. 'b
the faidA. .    ... y da   .. is cofs. by him about his uit
Co•enant.  in this ,behalf expnded and,. i tr.fpafs as before unto
do      .   :for damages  as_, well b ky opcafion  of a certain tref-
rpfs for de. pafs by .the aid A. B. to~the LaidC. ... offered as for hs cofs.
ea,.      aforefaid.  If for. the. defend anit,  , f6r  his cots about
his defence ina certain adior attheu t  ,of &the, c
in covenant as befoe.. unto.      .. e  for ,damages, &c. by
•  ::   :  mnages &cd . by
occafion of a breach of a 'certain lcqvenant between the faid A. Be
The form of the and C. D. lately made, &c,. The formofi witrof e egit,i . Th
.,rit of cit.  commonwealth, &c. greeting: Wlrea  A.i B. at our court, &c.
before ourjudges (oriuAices) hel4d. hatli recovered againft C. D.
the Rum of       whi~hto the:fM4.platii   as adjudged for
certain debt. (or,damnages), tas befo . Apd he faid'A. B. lat
chofen to have.devered o him Ulthe goods1and chattels of the fa
C. D. fav.ingonly 'the 6xeni and beafs of i plougb,'ndfQlo
moiety of ll ifih'lands and teneiiientsh,,your: baiwick, to h tw
,.,.~~~                   ~~ al. an   ...  fdia  t i  re~  a  : his .  wii' 'proerk-
and to hold thegoods an hiown proper
goods, and the raid moiety  his ,free-hold, to  him arkd his 'afig
until he flhall have, levid thereoft he debt  d':amage aforf I  ad':
the'efore weI commandyou, tihat.yucaU  t  &.deljvered al  ig
goods and chattels of teaid6C.. D !avipgt he,:oicen' o.. a  dbe..
his plough,._  and'. all'  j moty'of all  :la ils Man  enennts
your- baihwieki whereof he a 'the day 6 0o1 oaing, th6faid Jd g-
ment .was feized, or at any time :afterwards. bye Pe6Oble rie

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