ORDINANCE No. 15 OF 1844.
Supreme Court.
Court one or more writs, or processes for the execution thereof: Provided that no such writ or process shall issue against the immovable property of any person, to raise any sum of money, debt, or damages, by the sale thereof, (except where by sentence of the Court such immovable property may be declared to be specially liable to sale,) until any writ or process, which may have been issued against his movable property, shall be first returned, and the Court shall perceive thereby that the said person has not sufficient movable property to satisfy the exigency of the said writ or process; or, if no such writ or process shall have been issued, then until upon motion to the said Court for that purpose made it shall appear to the satisfaction of the said Court, that the person, against whose immovable property such writ or process is desired, has no movable property which can be taken in execution of the sentence of the said Court, or not sufficient to satisfy the same: and no writ or process of execution shall issue for the levying and raising of any costs awarded by the said Court to any party, until the same shall have been taxed by the Registrar of the said Court; and, for that purpose, the plaintiff or defendant, or attorney of the party obtaining any appointment for taxation from the Registrar, shall give due notice to the opposite party of such appointment, in order that he may be present thereat: and the Registrar shall, in his taxation and allowances, pursue such instructions as shall from time to time be given to him by the Court for that purpose; and either party, feeling aggrieved by his decision, may apply to the Court, on motion, specifying the items, charges, or allowances objected to, that the said Registrar may review his taxation.
64. And be it further enacted and ordained, that the judgments, decrees, and orders of the said Chief Justice, shall be carried into execution in any district, or place, whatsoever within the said Colony and its dependencies, where the defendant, his goods or chattels, may be found or be met with.
65. Provided always, and be it further enacted and ordained, that no writ of execution against the goods, chattels, and effects of the defendant, shall be executed at any time after sunset, nor before sunrise, and if any officer or person shall execute any such writ after sunset, or before sunrise, such officer or other person shall be subject and liable to a fine of not exceeding fifty dollars, which shall be set by the Chief Justice of the said Court, and enforced by distress and sale of the offender's goods.
66. And be it further enacted and ordained, that all motions, or special applications to the Court, shall be supported by affidavits of the facts or circumstances upon which the same are made, which affidavits shall be sworn before the Chief Justice, or a Commissioner of the said Court.
67. And be it further enacted and ordained, that all memorials, petitions, and special applications to the Court, shall be brought before the Court by motion, in manner appointed for motions by the sixty-sixth section of this Ordinance; and all such memorials, petitions, or applications, shall be delivered to the Registrar, at his office, the day before the same are moved in Court, and the Registrar shall make a roll thereof, and call on the same in order; and no such memorials, petitions, or applications shall be sent to the Chief Justice of the said Court.
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Judgments, &c. may be executed any where within the Colony,
Levy on defendant's goods to be made between sunrise and sunset.
Motions.
Memorials, &c. to be brought before the Court by motion.