1822 - Edocs
1822 - Edocs
1822 - Edocs
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44<br />
Clc-rkisaue cx'n. 67. Be it further enacted, That it shall be the duty of<br />
the cleric ol any court oi' record to issue a writ ofexecution<br />
in conformity with the judgment rendered.<br />
Form of writ of 6S - Be it further enacted, That, writs of execution shall<br />
Execution. be issued by the clerks of the several courts of record in<br />
this Territory in the following form, to wit, " The Territory<br />
of Florida, to the sheriff' of the County of<br />
greeting, whereas A B, at our court of before<br />
our judge, hath recovered against C D, the sum of<br />
for debt, (or damages as the case may<br />
be) anil also for the sum of which to the<br />
said A B, were adjudged for his damages,- as well by reason<br />
of detaining the said debt, as for his costs in that suit<br />
expended, us appears to us of record. These are therefore<br />
to command you, that of the goods and chattels, lands<br />
and tenements of the said C i), you cause to be made the<br />
aforesaid debt (or damages) and costs, and that yuu have<br />
the same before the judge, of our said Court on the<br />
day of next, to render to the said<br />
A B, the debt and damages (or damages alone) aforesaid.<br />
And for Want of sufficient goods and chattels, lands and<br />
tenements, whereon to levy and make the same, we command<br />
you that you take C D, if he be fuund in your bailiwick<br />
and him safely keep, so that you have his body be-<br />
\ fore the same judge, on the said<br />
to satisfy the said A B, of the<br />
day of<br />
aforesaid debt (or<br />
damages) and costs, and that you certify to our said<br />
judge how you executed this writ, and have you then<br />
and there this writ, witness E F, clerk of our said court<br />
at the day of one<br />
thousand eight hundred and The<br />
clerk of the circuit court shall keep a book for the purpose<br />
of entering a list of all executions isbued, the officer<br />
to whom directed, and the amount of debt (or damages as<br />
the case may be) and costs for which the same has issued<br />
and return thereon.<br />
Jury to try right of<br />
propeny.<br />
69. Be it further enacted, That, whenever<br />
tion, order or decree of the court is placed in<br />
an execu-<br />
the hands<br />
of the sheriff, i'or the sale of property, and any other person<br />
setup a demand against the property seized, the sheriff<br />
shall be authorized to summon a jury to determiue the<br />
right of property and the verdict of such jury shall be an<br />
indemnity to the said sheriff as far as respects the right<br />
of property. And the party against wnom the verdict is<br />
rendered shall pay the costs of their ascertaining the right<br />
Last bidder—neoi<br />
property.<br />
70. Be it further enacted, That, in case any last bidder<br />
fleeting or refus- shall neglect or refuse to pay to the sheriff the amount<br />
in£' bid for such lands and tenements ! on demand, the s 'ciiff<br />
shall at any time within two days thereafter, or iustanter