pur-pose of obtaining Letters of Attache under his hand, directed to the Tipstaff,
au-i
thorizing him to carry the aforesaid sentence, &c. in,to execution.
Of the Execution of Adverse Decrees, &c.
Art. 228. Sentences aadDecrees given in actions originally commenced in the Cour^' and final decrees in cases of Appeals or Writs of error from inferior tribunals, revers-ing their judgments, shall be carried into execution by the Tipstaffs of the Court, who may be charged therewith ;—and with respect to decrees last-mentioned, in cases of Appeal and Reformation, confirming the judgments of the inferior tribu-nals, the same shall be put in execution either by the Tipstaffs of the superior^ or of the inferior Court, at the option of the triumphant party.
Art. 229. Writs óf Execution of sentences or decrees shall be issued by the Court, or in cases of emergency, when a delay may prove fatal, by the Presi-dent thereof, prepared by the Register, and|delivered to the Tipstaff.
Art. 230. Sentences and decrees in Real Actions, where a party is decreed to recover possession of Lands, Houses, Gardens, or any real Estates whatsoever, shall, after the expiration of the usual time, be put in execution by the Tipstaff really and bonafide, by fact and deed, so that the party condemned (or Defor-ciant) as well as those who may be found in possession of the estate or property recovered, may be effectually and defacto expelled, and forced to withdraw their hands therefrom, and allow the recoverer or triumphant party to use and enjoy the same undisturbed.
Art. 231. In case of opposition or refusal to comply, the Tipstaff shall apply for the aid and assistance of the officers of Justice, within whose Bailiwick the estate maybe, for the purpose of enforcing obedience, and putting theDefor»
ciant, and others who maybe concerned with him, out of possession ipso facto, and installing the recoverer or triumphant party therein, pursuant to. the writ.
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Art. 282. Where a person who never had actual possession, but jet upon trial of his right before the Court, has been decreed to be put into possession of an estate, his aggressor shall be compelled to surrender, and leave the property recovered, in the same manner ; and reparation shall be made for all damages or losses atten-dant on the withholding thereof, from the rightful owner.
Art. 233. But whenever a party who iß in actual possession, upon trial of his
tight against another, is established and confirmed therein by a sentence or decreeof the Court :—In such a case, the sentence or decree itself' stall $imä and be îa lieu, of a writ of execution ; as stich a process is not necessary nos: can 'd operate, excepting as to any pecuniary' compensation wllicli may be awarded, far aa?
damage or loss, sustained through molestation, or Otherwise,
Art, 234 And in cases where a party succeeds against his"antagonist, and obtains a favorable judgment, ;both as to his Right of Property and also the Possession, and for" the costs of suit ; execution shall be sued ont only with respect to the costs, in the manner hereafter mentioned on the subject of Execution of Sentences
&'c. in personal actions.
Art, 235. Tn personal actions, sentences or judgments, condemning the defen-dant to satisfy and render a certain sum of money, in damages recovered thereby, to the Plaintiff, shall be put in execution by the Tipstaff", by proceeding with the sentenee, &e. and writ founded thereon, to-the defendant, at his usual place of abode, and calling upon him, within tweity four houft to comply therewith, warning him at the same time by summons in writing, under his hand, that m case of non-eompîianee on his part, the aforesaid writ will be enforced and put in execution against him; which, with such sentence, &c, and writ, shall be furnished to and left with such party.
Art. 236. After the expiration o f t h a t time, in case of failure on the part of the Defendant to satisty the sentence, &c. the Tipstaff shall, in the same manner as before reiterate his warning, by issuing afresh summons against him in writing, requiring his compliance, or otherwise to fender a sufficient part of his effects to be taken in execution for the purpose of extending the same, and by sale levy- • ing the amount of such judgment and costs, under the above mentioned writ of Execution.
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Art. 237. Should the aforesaid party still be unwilling, either to render ihc amount of the condemnation money and costs, or discover and yield a com-petent psrt of his property for the purposes aforesaid ; the Tipstaff with the.first aworn Clerk of the Court, in the presence of two witnesses, shall, in the name of the Supreme Executive Power, proceed to seize and take, such a quantity of the defendant's goods and moveables, as may be sufficient to produce the sum marked m the writ, making a true and correct inventory thereof.
Art. 238. Which done, if the defendant do not in three days, redeem his goods by making satisfaction of the condemnation money, and costs comprehended
w the writ of Execution, the Tipstaff shall cause the goods seized, to be sold by Public cant, before Commissioners of the Court, to be appointed f o r t h a t p u r -pose, aad the Register.
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Art. 239. T h e Register shall be required to make out aud keep an accurate account of sales so made, containing specifically the names of the bidders, and 'he sum or sums for which the said goods were disposed of, particularly and dis-tinctly to be set forth.
Art. 240. Out of the amount of such sale, the Register shall afterwards pay
*«e Plaintiff, or his agent lawfully authorized, the amount of his sentence, &c.
*ïtb. the interest and costs recovered by him, and give the Defendant a regular
a°d sufficient receipt, or discharge therefrom.
Art. 2 4 1 . Should any surplus remain in the hands of the Register, after such payment, he shall hand over the same to the Defendant, or his agent lawfully au-thorized, on a proper receipt therefor, with the account of the sale, if required.
Art, 243. In executing the writ, the Tipstaff shall not be considered to have it in
«u power, to allow the Defendant or party condemned, to delay or oppose the
exe-tWion, •••
Art 243. B u t if a third person, not a party in the suit, should object to or Ppose the seizure, of the furniture or goods taken on an execution, upon the plea
)f having a pledge or prior claim thereon, or of an absolute property of his own,
* such furniture or goods ;—the Tipstaff shall admit of Ais opposition, md appoint
«n to appear before the Court, on a certain day, to justify and state the reasons
«ereof ; of all which matters, he shall make a propter return to the Court.
Art. 244. The Tipstaff shall also give notice to the party at whose instance the
^caution issued ( which is to be in the mean time suspended, ) requiring him likewise
0 attend on such day, at the hearing of the reasons and grounds intended to be advanced by such person, in justification of such opposition so by him made, in.
rder that he may answer thereto as he maybe advised, and further after a summary rv and investigation of the matter, to hear such order to be made thereon, as
^cording to the circumstances, the Court shall deem j u s t and right, either for f°ttfirming or setting 'aside, the act of seizure in question.
Art. 245. Should the party who made opposition, neglect to appear on the day y C judgment of default shall bepronounced against him ; by consequence where-'the execution with respect to the goods and furniture seized, shall be ordered
he proceeded on and completed, with condemnation against him to pay the
s-s, and any consequential damages which may have attended the suspension of
uv-a execution.
Ar t . 246. ï a case the value of the furniture and- moveable chattels seized,, be equivalent to the amount of the execution, or in case the defendant has no
«eable* ur personal property, the Tipstaff shall in his return, certify the same to