[ First, whoever will sue anyone at law shall summon him by the court messenger or bailiff for the next session of the court, which summons must be served at least one day before, unless in case of arrest or difference between strangers, when it may be served on the very day of the session. ] [i]
2
The bailiff or messenger shall [ give in a written return, and ] state therein where and on whom the summons shall have been served, [ together with the answer ].
3
All sentences, interlocutory or definitive, by which someone is condemned to pay any money or deposit money in court [ as a security ] shall, if no appeal is lodged in cases where appeals are allowed, be executed after ten days in manner as follows:
4
The bailiff or messenger shall proceed with the judgment to the person or the dwelling of the condemned person, and summon him to pay within 24 hours. If no payment has been made on the expiration of the 24 hours, the aforesaid bailiff or messenger shall again request satisfaction of the sentence, and if he still remains in default, he shall, in the presence of two schepenen attach or seize (under inventory) the furniture and the moveable property, unless the condemned person shows the executor some furniture or movables on which he desires the execution to be levied. [ The bailiff ] shall have to keep the aforesaid goods, or cause them to be kept, for the time of six days to allow the condemned person to pay in the meantime; and after an order has been given on one court day, the aforesaid furniture shall on the next court day be sold to the highest bidder for ready money.
5
And if the payment cannot be made from the monies realized from the aforesaid furniture, the aforesaid bailiff or messenger shall attach the real estate of the condemned person, and publicly sell it for ready money after four court days’ notice, and also by the posting of bills, on condition that the condemned person is informed about this at the first notice or proclamation. And deeds of decree shall be delivered to the buyer by the director general and councilors, or the burgomasters and schepenen.
[6
And if the aforesaid property be still insufficient, then he shall attach all outstanding debts due to the defendant, which after four] court days’ notice [ shall be sold to ] the highest bidder [ for ready ] money, as before.
7
All sentences and actions connected with the case whereby any houses, lands, or goods were allocated to the plaintiff shall likewise be executed thirteen days subsequent to the public verdict in the following manner:
8
The condemned person and also the occupant of the allocated property shall be summoned by the messenger or bailiff to withdraw and vacate the allocated goods within three days, and with that to make it available to the successful party; and if they don’t do this within the aforesaid three days, the condemned person or the occupant shall, in the presence of two of the court and in the presence of the schout, fiscal, or secretary, indeed be evicted and the successful party be put in possession.
9
All sentences whereby someone is condemned to render account and balance, or to fulfill any other act, shall, as said before, after the ten days and after the previous summons, be executed as follows: The condemned person shall be detained in a certain inn on pain of twelve guilders, and if on the fixed day he does not appear in confinement, he shall be searched for by the messenger, and if the messenger does not find him, he shall with the assistance of the fiscal or schout immediately be apprehended and taken into custody.[ii]
[10
The court messengers or ushers, putting in execution as bailiffs, the mandamuses and orders of justice issued by the director general and councilors, shall be bound to serve all summons on the persons, or at the dwellings of those whom they will summon in case they have a domicile, and to leave the copy of the aforesaid] mandamus [ and order ] at the cost of [ the petitioner ] with the aforesaid defendant or someone of his family, with [ a note ] or explanation of the aforesaid copy [ and ] when the session of the court shall be held, on pain of six guilders each time for the benefit of the poor; and further, to conduct themselves in regard to the return as is ordered [ in ] Article 2.
11
The bailiffs or messengers who want to carry out any executions, shall, if they consider this necessary, really and in deed go to the officer of the place, city, or village, and ask for his assistance, which aid the officer shall be required to render promptly.
12
Item. If the parties resist the execution with words or deeds, and if the officers, magistrates, or others offer them any resistance, obstruction, or cause delays, or refuse assistance, the aforesaid messengers or bailiffs shall be held to relate this faithfully, and to hand a copy of their proceedings to the fiscal so that he may summon such resisters before the director general and councilors.
[13
The court messengers or bailiffs, executing any order for the deposit of money in controversy, shall be bound immediately to deliver the deposit] into the hands of the parties [ or to bring it in consignment ] properly to the court, or [ secretary of the place. ]
14
If the messengers or bailiffs, executing any judgment or order[iii] issued by the director general and councilors, be found to have executed [ it ] badly, or to have used the words and form of their authority and commission deceivingly and in bad faith, or exceeded and violated them by considerable negligence, they shall have to account for their acts and correct them on the order and judgment of the director general and councilors. In that case,the plaintiff by court order who employed them shall not be allowed to assume the case in their place, nor shall any letters of indemnity given to them avail them as an excuse.
15
The messengers or bailiffs shall be bound to accompany the fiscal and to assist him in all civil executions to which the fiscal will be ordered by the director general and councilors.
16
The messengers or bailiffs shall content themselves with, and may demand the following salary and no more,
For a single summons within the circuit of this place, twelve stivers Outside of it, eighteen stivers on condition of paying six stivers thereof to the secretary for entering the action
For an attachment within this city ƒ0–12
Outside of this city 1–4
For imprisoning a person 1–4
For guarding the prisoner between day and night 2–
For serving a mandamus within this city 1–10
Outside this city 2–10
[Other services and labor not expressed or specified herein shall remain subject to the discretion and taxation of the director general and councilors.
In cases, services, and citations relating to the honorable Company, or where the fiscal and schout are concerned] ex officio, the court messengers shall be bound to act for the ordinary salary allowed them.
The interpretation, alteration, and increase hereof shall be subject to the judgment and disposition of the aforesaid director general and councilors.
Thus done and provisionally ordained on the 23rd of April anno 1658 at the meeting of the honorable lord director general and councilors held in Fort Amsterdam in N: Netherland.
