RY
LIBRA
Leland Stanford, Jr.
SITY
UNIVER
36 COLONIAL ORDINANCES .
wherein such Writ or Precept may be issued, to appoint one or more
special Bailiff or Bailiffs, to be named by the said Plaintiff, to execute
such Writ or Precept, upon receiving from such Plaintiff full and
sufficient Security against any improper Use or Abuse of such Writ
or Precept .
Orders and Decrees XII. And be it further enacted and ordained, That all such
may executed
wherebewithin Co- Orders and Decrees shall and may be carried into Execution in any
the any
lony. District or Place whatsoever within the said Colony, or in any Place
within the Jurisdiction of the said Supreme Court, where the
Defendant, his Goods, Chattels, or Effects, Lands, Tenements, or
Time of levy. Hereditaments, may be found or be met with : Provided, that all
Executions and Processes against the Property of the Defendant
shall be executed after Sunrise and before Sunset, and that any
Officer or Person executing the same at any other Time shall be
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, and, failing these, then to levy the
Amount by Sale of the Lands, Tenements, and Hereditaments of the
Defendant.
Mode of proceeding XIII. And be it further enacted and ordained, That for the
in the Writ of Execu- purpose of preventing any Disputes as to the Mode of Executing the
tion.
said last mentioned Writ or Precept, the same shall be executed in
the following Manner ; that is to say, that the Bailiff or Bailiffs be
directed, in the first Instance, to levy on the Goods, Chattels, and
Effects of the Defendant, and that in the Event of such Bailiff or
Bailiff's not being able to find any Goods, Chattels, or Effects, or any
Lands, Tenements, and Hereditaments of the Defendant, and the
Defendant failing to point out to his or their Notice any Property
whereon to levy, it shall and may be lawful for the said Bailiff or
Bailiffs to enforce the Order or Decree of the Court by the Personal
Arrest and Imprisonment of the Defendant, as hereinafter is men-
Proviso as to dis- tioned ; Provided, that if, previous to the Sale of the Property so
&c. Claim to Goods, levied upon, a Disputed Claim shall be made thereto, and such Claim
puted
shall be deposed to on Oath before a Magistrate by the Party claiming
the same or by some Person on his or her behalf, the Bailiff or
Bailiffs, on Payment to him, or them, or either of them, of the Costs
of the Levy by such Party, or other Person claiming on his or her
behalf, shall release such Property from the Execution, and proceed
to enforce the Order or Degree of the Court by levying upon other
Property of the Defendant, if any can be found or pointed out to him
or them, or by arresting the body of the Defendant, as hereinbefore
is directed .
Inprisonmentbypro- XIV. Provided always, and be it further enacted and ordained,
cess of Court not to
exceed Three Months . That every such Defendant who shall be arrested and taken in
Execution under the Process of the said Supreme Court, as aforesaid,
shall and may be Imprisoned in the Prison of the said Court, and
shall be there detained for a Space of Time not exceeding Three
Calendar Months, unless before the Expiration thereof, the Order or
Decree of the said Court shall have been satisfied ; and in case such
Order or Decree shall not then be satisfied, such Defendant shall be
discharged from such Prison ; but it shall be lawful for the Com-
plainant, at any Time within Three Years after such Order or Decree,
to