1822 - Edocs

19.
AN ACT
Reguiat ng Executions,
i. Be it enacted by .he Governor und Legislative Council
of the Territory o f Florida, T'.iat, ail persons recovering
any debt, damages or costs by the judgement of any
Court of record within this Territory, may at their election,
prosecute writs of fieri facias or capias ad Satisfaciendum,
for taking the looUs, lands or bcay of the person or
persons against whom such judgment has been obtained,
in manner following: All writs shall be in the name of the
Territory of Florida, and be tested by the Clerk of the
Couri, from which they are issued, and shall be returna-
ble tifty days after they are issued, by the clerk to the offi-
cer.
2. Be it further enacted, That, when any execution has
been issued and not returned satisheu, 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 return
that the defendant is not found, the plaintiff may sue
out a fieri facias or another Ca. Sa. and where part of the
debt is made, the party may take out execution for the
residue.
3. Be it further enacted, That, the goods, chatties, lands
and tenements, snail be bound by the judgment of the
Court, and after the rendition of said judgment, all Sales,
Mortgages, or- incumbrances, shall be void and the first
judgment shall be first satisfied.
4. Be-it further enacted, That, if the defendant move
himself and his effects, out of the County, it shall be iavvful
for the plaintiff to issue his execution, to any other
County in the Territory.
5. Be it further enacted, That, in levying execution the
officer shall observe the following course, first to levy
upon the goods and chattels, and if none are to be found,
then upon the slaves, and finally upon the lands.
6. Be itfurther enacted, That, whenever any lands are
levied on, the defendant may surrender personal property
in lieu thereof, and the officer shall take the same in execution,
and where said land shall be levied on, it may be
lawful for the plaintiff to select an appraiser, and the defendant
one also, who shall value the land, and should the
appraisers not agree, the officer shall select an umpire, and
^.i'ltir advertising the Laid at the Court House door, fifteen
days before the day of sale, if it does not bring two thirds
of its appraised value, it shall not be sold, but again advertised
for 20 days at the most public places in the Coun-
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
been levied in less than ten days before the retu n clay, the
sheriff shall return the same, and takeout a venditioni ex-
C
Writs of fi. fa. or
ca. -,... at the e e©tionoithe
pi iff.
Style of writs.
When not satisfied
Ca. sa.
Fi. fa.
What property
bound by a judgment.
Ifthe party remove
Order in wliich
property to be levied
on.
When land is levied
on.
Appraisers.
Notice.
Highest bidder.
Venditioni expo*
1UIS.