Superior Court Rules

ORDER 43

ORDERS OF FIERI FACIAS AND SEQUESTRATION

1. Where it appears, upon the return of any order of fieri facias, that the sheriff has by virtue of such order seized, but not sold, any goods of the person directed to pay a sum of money or costs, the person to whom such sum of money or costs is payable shall, immediately after such order with such return shall have been filed as of record, be at liberty to sue out an order of venditioni exponas.

2. Where any person is by any judgment or order directed to pay money into court or to do any other act in a limited time, and after due service of such judgment or order refuses or neglects to obey the same according to the exigency thereof, the person prosecuting such judgment or order shall, at the expiration of the time limited for the performance thereof, be entitled, without obtaining any order from the court for that purpose, to issue an order of sequestration in the Form No 17 in Appendix F, Part II, against the estate and effects of such disobedient person.

3. Any person entitled to issue an order of sequestration under rule 2 shall, before issuing same, apply to the Master to approve of one or more sequestrators, and to obtain directions as to his or their security, and accounting. On a certificate from the Master of the approval of such person or persons, which certificate shall be filed in the Central Office, the order may issue directed to such person or persons. One sequestrator only shall be named in the order, unless the court shall otherwise direct.

4. Order 50, rules 16 to 25 (inclusive), shall so far as applicable apply to sequestrators.

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