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about his defence in a certain action, at the suit of the said, &c. in COVenant or for debt, &c.(as the case may be,) in this behalf expended.” The form of a writ of elegit–“The Commonwealth of Kentucky, to, &c. greeting: Whereas A. B. at our court, &c. before our judge or justices, (as the case may be,) held at the court house of

— on the – day of ——, hath recovered against C. D. the sum of $ , which to the said plaintiff was adjudged, for his debt or damages—as before. And the said A. B. hath chosen to have delivered to him, all the goods and chattels of the said C. D. saving only the goods and chattels which by the statutes of this monwealth, are exempted from execution, and also one moiety of all his lands and tenements in your bailiwick, to have, and to hold the goods and chattles aforesaid, as his own proper goods, and the said moiety as his freehold to him and his assigns, until he shall have levied the debt and damages aforesaid: 'Therefore, we command you, that you cause to be delivered, all the goods and chattels of the said C. D. saving the property so exempted from caecution, and also one moiety of all his lands and tenements in your bailiwick, whereof, he, at the day that this writ shall come to your hands, or at any time afterwards, was scized, by reasonable price and extent, to have and to hold the said goods and chattels, to him the said A. B. as his own proper goods and chattels, and the said moiety of his freehold, to him and his assigns, until he shall have levied thereof, the debt, damages and costs, aforesaid, and that you certify to our said judge or justices, under your seal and the seals of those by whose oath you shall make this extent, how you have executed this writ, the – day of ——, at the court house of our said county, and have then there this writ: Witness,” &c. [A cupias ad satisfaciendum—“The Commonwealth, &c. greeting, we command you, that you take A. B. late of your bailiwick, if within the same he be found, and him safely keep, so that you have his lody before our judge or justices of our —— court, &c. the – day of —, to satisfy C. D. the sum of $—, which the said plaintiff hath recovered against him for debt (or damages, as the case may be,) also,” &c. as before in the writ of fieri facias;] which said writs, so issued, shall be executed by the sheriff or other officer to whom the same shall be directed, and shall be returned according to the substance of the respective forms hereafter mentioned, to-wit: The return of a fieri facias, “Satisfied;” or “By virtue of this writ, I have caused to be made, the sum of $–, which, after deducting my commission thereon, entitles this execution to a credit of $–, and no more property found of which the residue or any part thereof can at present be made;” or, “levied by , of the supposed fair value of $–, and on the

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day of , at I exposed the same to sale, but the said property was not sold for want of bidders;” or “levied Vol. 1. 81 *.

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Form of returns.

Fi. fa. executed.

Part made.

Not sold for want of bidder. " Jury summoned to try the right of property.

Form of verdict, &c. Return of th•legit. o Schedule and value of the goods taken.

by me on —, of the supposed value of , and A. B. claimed the said property to be his, and demanded that his claim should be inquired into by a jury, which was accordingly summoned, and on the day of —, at the house of * enpannelled and sworn according to law, who thereupon found, that the said property was the property of the said A. B. and the same was restored to him, and no estate of the said C. D. found by me, of which the said debt or damages, &c. or any part thereof could be made;” or “the within named A. B. hath no estate within my bailiwick, of which the debt or damages, &c. mentioned in this writ, or any part thereof can be made.” Return of writ of elegit—"Inquisition, indented and taken at —, in the county of

on the day of —, in the year of our Lord, 18—, before me, E. F. sheriff (or coroner,) of the county aforesaid, by virtue of a writ of elegit to me directed, and to this inquisition annexed, and by the oath of A. B. C. &c. good and lawful men of my bailiwick, who being charged and sworn, upon their oath do say, that A. B. who is named in the writ of inquisition hereto annexed, was at the time this writ came to the hands of the officer to be executed, and at the time of taking this inquisition, is possessed of the goods and chattels following, as of his own proper goods, to-wit: (here make out a schedule of the goods, with the value of each item, and the aggregate value,) which I, the said sheriff, have caused to be delivered to the said C. D. to hold to him as his own proper goods and chattels, in part satisfaction of his debt or damages, &c. aforesaid, in the said writ mentioned, which, after deducting my commission, entitles this execution to a credit of $ , and further, the said jurors upon their oaths do say, that the said A. B. at the time the said writ came to the hands of the officer as aforesaid, was seized, and since has acquired of his own demesne, as of fee of and in (here name the houses and lands, town lots or other landed estate,) with the appurtenances of the annual nett value of $ —,

acres of which or thereabout, are a true and equal moiety of all and singular, the said lands, tenements and hereditaments aforesaid, belonging to the said A. B. in the county aforesaid, which said moiety, I, the said sheriff, on the day and year aforesaid, to the said C. D. in the said writ named at a reasonable extent of the yearly value of $ , have delivered, to hold to him and his assigns, according to law, until he shall have levied the residue of the debt or damages, &c. aforesaid, as the writ aforesaid requires; and further, the said jurors upon their oaths do say, that the said A. B. at the time, &c. aforesaid, had not, nor at the time of taking this inquisition, hath any other or more goods or chattels, lands or tenements, in the county aforesaid, to the knowledge of the jurors aforesaid: In testimony whereof, as well, I, the said sheriff (or coroner,) as the jurors aforesaid, to this inquisition, have severally signed (or caused to be sign

ed) our names, and put our seals, the day, year and place, above mentioned.” [Return of a capias ad satisfaciendum—“By virtue of this writ, to me directed, I have taken the within named A. B. and delivered him to the jailer of my county, agreeably to the tenor and command of the within writ, on the – day of ;” or “the within named A. B. is not found within my bailiwick.”] Sec. 2. After obtaining final decree for lands, slaves, money or other specific thing, in any court having chancery jurisdiction, the clerk of the said court, shall, upon the request of the party obtaining such decree or his attorney, issue any writ of execution which would be appropriate, and is allowable upon a judgment of a court of law, according to the nature of the case, for carrying the decree into effect; (j) which writ shall issue in the same manner as other writs of execution, be returnable within the same time, executed by the sheriff or other proper officer, under the like penalties, and in every thing partake of the nature and effect of like writs issued upon judgments at law, and subject to the same power of the court. But nothing in this act contained, shall prohibit any party from proceeding to carry any order or decree in chancery into execution, in any manner which he might have done if this clause or section had never been enacted. SEc. 3. When any writ of execution shall issue, and the party at whose suit the same issued, shall afterwards desire to take out another writ of execution, at his own proper costs and charges, the Clerk may issue the same, if the first be not returned and executed: and where upon a fi. fa. the proper officer shall return in effect, that the party defendant hath no goods, or not sufficient to satisfy the said execution, the Clerk shall issue another f. fa. or other appropriate writ which may be allowed by law, upon the request of the party, plaintiff or his attorney; and where part of the debt shall be levied upon an elegit, or a return thereon of nihil, a new elegit may issue for the residue, or any other appropriate writ allowed by law; and where one judgment is obtained against several defendants, execution shall issue thereon, as if it were against one defendant, and not otherwise. SEc. 4. If a tenant by elegit be evicted of his title in the lands, tenements or hereditaments, which he holds by virtue of any extent thereof, by judgment had against him otherwise than by his own fraud or default, before satisfaction shall be made him for his debt, or damages and costs, he shall and may have a writ of scire Jacias against the debtor, his heirs, executors or administrators, to have execution for the residue of his debt, or damages and costs, as shall appear to remain unpaid, with interest thereon, and

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(j) The statute which authorizes the issuing sold under a decree, by execution.--Scott v. Cole

of an execution upon decrees in chancery, will man, 5.Mon. 75.

justify putting a purchaser into possession of land

When lands may have been *omitted out of the extent, judgment not to be void.

Remedy for contribution saved.

Not to extend to heirs.

Estate bound from the delivery of the writ.

Time of reception to be endorsed thereon.

First execution to be first satisfied.

may have his writ of fieri facias, or other appropriate writ for
such residue, as though, no execution had been theretofore issued;
and this proceeding may be had, when any assignee of the original
plaintiff, either immediate or remote, or any representative or other
person, holding under the original party, plaintiff, as tenant, by
eligit shall have been evicted.
Sec. 5. Where any judgment or recognizance shall be extended,
the same shall not be avoided or delayed by occasion that any part
of the lands or tenements extendable, are, or shall be omitted out
of the extent.
Sec. 6. Saving always to the party and parties, whose lands
shall have been extended, his and their representatives or assignees,
his or their remedy for contribution, against such person or persons
as held lands, which are, or shall be omitted out of such extent,
from time to time. -
Sec. 7. Protided, however, That this act, or any thing herein
contained, shall not be construed to give any extent or contribution,
against any heir within the age of twenty-one years, during the
minority of such heir, for, or in respect of any lands, descended to
him or her, further or otherwise than might have been made before
the passage of this act.
Sec. 8. No writ of fieri facias, or other writ of execution, shall
bind the estate of the defendant or defendants, but from the time
such writ shall be delivered to the sheriff or other proper officer to
be executed, and for the better manifestation of said time, such
sheriff or other officer, or his deputy, upon the receipt of any such
writ, shall endorse thereon the day of the month, time of day and
year when the same was received by him; and if two or more
writs of execution, in favor of different parties, against the same
person, shall be delivered to the officer upon the same or different
days, that which came first to his hands shall be first satisfied; (k)

(k) If several executions issue against the continued after the return day.--Daniel v. Coch

same debtor, the sheriff is bound to satisfy that
execution first, which was first delivered to him.
But as between plaintiffs in execution, a former
execution not levied and returned, does not create
a lien, to the exclusion of a second creditor who
delivers his execution to the sheriff when he had
no other against the debtor.—Tabb v. Harris, 4
Bibb, 29; Arberry v. Moland, 2.J. J. JMar. 422.
2. A ca. s.a. issued against a party creates no
lien on lands; so a fieri facias issued, but sus-
pended by an injunction.—JMason's Ev’rs. v.
Holmes, &c. 4 Bibb, 263.
3. At common law, a fieri facias had relation
to its teste, and bound the goods of the defendant
from that time. But by our statute an execution
does not bind the estate until the delivery to the
sheriff. A lien created by an execution is not

ran's .4dmor. 4 Bibb, 532.
Quere: If the execution be renewed on the
same day of the return?—-arberry v. Noland,
2 J. J. JMar. 423.
4. That an execution is in the hands of the
sheriff, does not necessarily make a sale of pro-
perty by the defendant void. The sheriff may
still levy on it; because there is a lien for that
purpose; but if the execution be returned or re-
plevied, nothing can be said against the sale, un-
less it were fraudulently made. This lien has
no operation further than to overreach the estate
during the continuance of thé lien, in the hands
of whomsoever the property may come, for the
purpose of satisfying that execution, and cannot
be transferred from one execution to another-
Harrison v. Wilson, 2.Mar. 551-2.

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and where two or more writs against the same person, shall come
to hand at the same time, the sheriff or other officer shall proceed
to levy and sell in virtue of all; and if the proceeds shall not be
adequate to the satisfaction of all, the officer shall apportion the
amount made amongst the several executions according to their res-
pective amounts, and credit the same accordingly, first deducting
his commission as in other cases. **
Sec. 9. If any person being in prison, in virtue of a capias ad
satisfaciendum, shall happen to die in execution, the parties at whose
suit, or to whom any person shall stand charged in execution for
any debt or damages, recovered, his or their executors or adminis-
trators, may (after the death of the person so dying in execution,)
lawfully sue forth and have execution against the lands, goods and
chattels, of the person so deceased: Procided, always, That this
act shall not extend to give liberty to any person or persons, their
executors or administrators, at whose suit any such person shall
die in execution, to have or take a new execution against the lands,
tenements or hereditaments, goods or chattels, of such party dying
in execution, which shall at any time after the coming of the origin-
al execution, to the hands of the sheriff or other proper officer,
have been by such debtor sold bona fide for the payment of any of
his creditors, at whose suit he shall have been in execution, and the
money paid, or secured to be paid to such creditor with his privity
and consent, in discharge of his or their debts, or some part thereof.
Sec. 10. If the goods taken by the sheriff or other officer, in
virtue of any execution or any part thereof, shall remain in his
hands unsold, he shall make return thereof accordingly, and the
clerk of that court from whence the original execution issued, may,
and he is hereby required to issue a writ of renditioni erponas to
such sheriff or other officer, directed, whereupon the like proceed-

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* 5. As between execution creditors, it is not
the date of the execution, nor of its delivery to
the officer, but the date of the levy which gives
priority of lien. It is the duty of the officer to
levy first, the execution which was first delivered
to him; and hence it is his duty to note the date
of delivery. But this is directory; it does not
affect execution creditors, nor purchasers under
their executions. If the officer fail to levy the
first execution, but shall levy another first, he
will be responsible to the creditor to whom he
shall have done injustice; but the levy of a junior
execution will not be invalidated.—Kilby v.
Haggin, 3 J. J. JMar, 212.
6. An execution in the hands of an officer
gives a lien upon the goods and chattels of the
defendant within the county, which is not lost by
their temporary removal. But those to which,
not being in the county, no lian attached, if sold

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bona fide and brought into the county by the
purchaser, do not become liable.—Claggett v.
Foree, 1 Dana, 428.
7. As soon as the execution comes to the
hands of the sheriff, the defendant's estate is in
lien for the amount; and if he convey land
which is afterwards levied on, and sold under the
execution, the sale by the sheriff has relation
back to the time when the execution came to his
hands, overreaches that made by the defendant,
and passes the better title.— Million v. Riley,
&c. 1 Dana, 360.
8. If while an officer has an execution in his
hands against a defendant, he exchange horses
with B., both horses are subject to the execution,
and B. must look to the defendant for remunera-
tion upon his contract with him.—Orchard v.
Williamson, 6 J. J. Mar. 561.

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