Section TCT.05.02 — Definitions

(a) "Contract" shall mean a promissory agreement between two (2) or more persons supported by consideration, to do or not to do a particular thing, or which creates, modifies or destroys a legal obligation.

(b) "Court" shall mean the Stockbridge-Munsee Tribal Court as established by the Stockbridge-Munsee Tribal Council of the Stockbridge-Munsee Band of Mohican Indians.

(c) "Debt" shall mean a sum of money or a quantity of property due by certain and express agreement where the amount is fixed and specific and does not depend on any subsequent valuation to settle it.

(d) "Default Judgment" shall mean a judgment rendered by the court because a defendant failed to appear or plead at the appointed time.

(e) "Execution" shall mean a proceeding whereby the personal property belonging to and in the possession of a judgment debtor is attached by the Court to be held for public sale in order to satisfy all or part of a judgment rendered against the debtor by the Court.

(f) "Exempt Property" shall mean any property held in trust by the Bureau of Indian Affairs or income derived therefrom, as well as any property, wages or otherwise which is protected by federal statute.

(g) "Foreign Judgment" shall mean any final judgment, order or decree rendered or issued by a Court that is not a Court of the Stockbridge-Munsee Tribe.

(h) "Garnishee" shall mean the person against whom the process of garnishment is issued, and who has property, including money, and/or credits in his possession belonging to the debtor; notice having been given to the garnishee not to deliver or pay the property or credits over to the debtor until the result of the garnishment proceeding is determined.

(i) "Garnishment" shall mean a proceeding whereby a judgment debtor's money, or credits including salary, in possession or under control of, or owing by, another are sought to be applied to payment of the former person's debt to a third person by properly authorized process against the debtor.

(j) "Judgment Creditor" shall mean one who has obtained a judgment against his debtor, under which he can enforce its execution.

(k) "Judgment Debtor" shall mean one against whom a judgment has been rendered and which remains unsatisfied, and shall include a judgment debtor's successors in interest.

(l) "Legal Holiday" shall include New Year's Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, Christmas Day, and any other day appointed as a holiday by the President, or the Congress of the United States or by the Stockbridge-Munsee Tribal Council.

(m) "Person" shall mean women as well as men and may include artificial beings such as a Corporation, a tribal entity, organization or association.

(n) "Preponderance of the Evidence" shall mean the greater weight of the evidence or the evidence which is more believable and Convincing.

(o) "Reservation" shall mean the exterior boundaries of the Stockbridge-Munsee Reservation as defined by the Treaty of 1856.