respects, the writ shall contain the directions specified in the first subdivision of the last section.

SEC. 215. The execution may be made returnable at any time, not less than five, nor more than sixty days after its receipt by the sheriff, to the clerk with whom the judgment roll is filed.

SEC. 216. Where judgment requires the payment of money or the delivery of real or personal property, the same shall be enforced, in those respects, by execution. Where it requires the performance of any other act, a certified copy of the judgment may be served upon the party against whom it is given, or upon the person or officer who is required thereby, or by law to obey the same, and his obedience thereto enforced.

SEC. 217. After the lapse of five years from the entry of judgment, an execution shall be issued only by leave of the court, on motion. Such leave shall not be given, unless it be established by the oath of the party, or other proof, that the judgment, or some part thereof, remains unsatisfied and due.

SEC. 218. Notwithstanding the death of a party after the judgment, execution thereon against his property may, upon permission granted by the probate court, be issued and executed in the same manner, and with the same effect, as if he were still living.

SEC. 219. Where the execution is against the property of the judgment debtor, it may be issued to the sheriff of any county in the territory. Where it requires the delivery of real or personal property, it shall be issued to the sheriff of the county where the property, or some part thereof is situated. Executions may be issued at the same time, to different counties.

SEC. 220. All goods, chattels, moneys and other property, real and personal, of the judgment debtor, not exempt by law, and all property and rights of property seized and held under attachment in the action, shall be liable to execution. Until a levy, property shall not be affected by the execution. Shares and interests in any corporation or company, and debts and credits, and other property not capable of manual delivery, may be attached on execution in like manner as upon writs of attachment. Gold dust, and gold and silver bullion, shall be returned by the officer as so much money collected at its current value, without exposing the same to sale.

SEC. 221. All real and personal estate belonging to any married woman at the time of her marriage, and all which she may have acquired subsequently to such marriage, or to which she shall have after become entitled in her own right, and all her personal earnings, and all the issues, rents and

profits of such real estate, shall not be liable to attachment for or execution upon any liability or judgment against the husband, so long as she or any minor child of her body shall be living: Provided, That her separate property shall be liable for debts owing by her at the time of her marriage.

SEC. 222. The following property shall be exempt from execution or attachment, except as is hereafter specially provided: First. A homestead, not exceeding three thousand dollars in value, to include the dwelling house and other buildings and the land or lots upon which they stand. Second. All wearing apparel of every person and family. Third. All private libraries, musical instruments, family pictures and keepsakes. Fourth. To each household, two beds and bedding, and one additional bed and bedding for every two members of the family, and other household goods and utensils and furniture not exceeding two hundred and fifty dollars in value. Fifth. To each householder, one horse, two cows, with their calves, ten swine, to stands of bees, one hundred domestic fowls, and provisions and feed for the comfortable maintenance of such household and family for six months: Provided, That in case such householder shall not possess or shall not desire to retain the animals named above, he may select from his stock and retain other animals, not to exceed three hundred dollars in value. Sixth. To a farmer, the tools, implements and farming utensils actually used about the farm, two yoke of oxen, with yokes and chains, or one span of horses, with harness, and one wagon. Seventh. To a mechanic, the tools and instruments used to carry on the trade, occupation or business in which he is engaged for his support, or the support of his family; also, material not exceeding in value two hundred dollars. Eighth. To physicians, their libraries and medicines, of the value of two hundred dollars. Ninth. To attorneys, clergymen, teachers and other professional men, their libraries. Tenth. All property of the territory, or of any county, incorporated city, town or village therein, or of any public or municipal corporation of like character. Eleventh. All fire-arms kept for the use of any person or family. Twelfth. To any person, a skiff or small boat, with its oars, sails and rigging, not exceeding in value fifty dollars. Thirteenth. The tent and furniture, including a table, camp stools, bed and bedding of a miner; his rocker, shovels, spades, picks, wheelbarrows, pumps and other instruments used in mining, with provisions necessary for his support for three months. Fourteenth. A sufficient quantity of hay or grain or feed for keeping for four months, the animals mentioned in the several subdivisions of this sec

tion as exempted from execution and attachment. But no article of property mentioned in this section shall be exempt from an execution issued upon a mortgage thereon, or for any tax levied thereon, or for any judgment for the purchase money thereof: Provided, That no mortgage made by a married man of any property exempted from execution and attachment by this act, shall be of any validity unless the wife shall join in such mortgage, and the same be witnessed and acknowledged by her as is required in case of a deed conveying her interest in real estate.

SEC. 223. Any single man, or a married man, his wife joining him in the waiver, may waive the benefit, if they act by an agreement in writing, to be witnessed and acknowledged in the manner required in a deed conveying real estate.

SEC. 224. In all cases the defendant himself may select the property which is exempt.

SEC. 225. When a sheriff or other officer has levied upon or attached, or is about to levy upon or attach personal property which is claimed to be by law exempt from execution or attachment, the sheriff or other officer shall, if required by the person claiming, forthwith summon three discreet and disinterested men, having the qualifications of jurors and resident in the vicinity where the property is found, and administer to them an oath impartially to examine and determine how much, if any of said property is so exempt. Such persons shall have full power to summon witnesses, administer the necessary oaths, and adjourn from time to time, not longer than three days in all. They shall also have power to appraise the property claimed, and the other property of the claimant, so far as may be necessary to determine what portion of it is exempt. They shall deliver their decision to the sheriff in writing, and he shall forthwith deliver to the person claiming, such as is by them decided exempt from execution; but nothing in this section contained shall prevent the person claiming the property from giving a bond and trying his right before the district court, as is provided in cases for trying the right of property claimed by other persons than the judgment debtor.

SEC. 226. The sheriff shall execute the writ against the property of the judgment debtor, by levying on a sufficient amount of property, if there be sufficient; collecting or selling the things in action, and selling the other property, and paying to the plaintiff or his attorney so much of the proceeds as will satisfy the judgment, or depositing the amount with the clerk of the court; any excess in the proceeds over the judgment and the sheriff's fees shall be returned to the judgment debtor. When there is more property of the judgment

debtor than is sufficient to satisfy the judgment and the sheriff's fees, within the view of the sheriff, he shall levy on only such part of the property as the judgment debtor may indicate: Provided, That the judgment debtor be present and indicate at the time of the levy, such part: And, Provided, That the property indicated be amply sufficient to satisfy such judgment and fees.

SEC. 227. Before the sale of property, on execution, notice thereof shall be given as follows: First. In case of perishable property, by posting written notice of the time and place of sale in three public places of the township or city where the sale is to take place, for such a time as may be reasonable, considering the character and condition of the property. Second. In case of other personal property, by posting a similar notice in three public places of the township or city where the sale is to take place, not less than five nor more than ten days successively. In case of real property, by posting a similar notice, particularly describing the property, for twenty days successively, in three public places of the township or city where the property is situated, and also where the property is to be sold; and publishing a copy thereof once a week, for the same period, in a newspaper in the county, if there be one.

SEC. 228. An officer selling without the notice prescribed by the last section shall forfeit five hundred dollars to the aggrieved party, in addition to his actual damages; and a person wilfully taking down or defacing the notice posted, if done before the sale or the satisfaction of the judgment (if the judg ment be satisfied before sale), shall forfeit five hundred dollars.

SEC. 229. All sales of property under execution shall be made at auction, to the highest bidder, and shall be made between the hours of nine in the morning and five in the afternoon; after sufficient property has been sold to satisfy the execution, no more shall be sold. Neither the officer holding the execution nor his deputy shall become a purchaser at such sale. When the sale is of personal property, capable of manual delivery, it shall be within view of those who attend the sale, and be sold in such parcels as are likely to bring the highest prices; and when the sale is of real property, and consists of several known lots or parcels, they shall be sold separately; or when a portion of such real property is claimed by a third person, and he requires it to be sold separately, such portion shall be thus sold. The judgment debtor, if present at the sale, may also direct the order in which property, real or personal, shall be sold, when such property consists of several known lots or parcels, or of articles which can be sold to ad

vantage separately; and the sheriff shall be bound to follow such directions.

SEC. 230. If a purchaser refuse to pay the amount bid by him for property struck off to him at a sale under execution, the officer may again sell the property, at any time, to the highest bidder; and if any loss be occasioned thereby, the officer may recover the amount of such loss, with costs, by motion, upon previous notice of five days, before any court or before any justice of the peace, if the same shall not exceed his jurisdiction.

SEC. 231. Such court or justice shall proceed in a summary manner to give judgment, and issue execution therefor forthwith; but the defendant may claim a jury. And the same proceeding may be had against any subsequent purchaser, who may refuse to pay; and the officer may, in his discretion, thereafter reject the bid of any person so refusing.

SEC. 232. The two preceding sections shall not be construed to make the officer liable for any more than the amount bid by the second or subsequent purchasers, and the amount collected from the purchaser refusing to pay.

SEC. 233. When the purchaser of any personal property, capable of manual delivery, shall pay the purchase money, the officer making the sale shall deliver to the purchaser the property, and, if desired, shall execute and deliver to him a certificate of the sale and payment. Such certificate shall convey to the purchaser all the right, title and interest which the debtor had in and to such property on the day the execution was levied.

SEC. 234. When the purchaser of any personal property not capable of manual delivery, shall pay the purchase money, the officer making the sale shall execute and deliver to the purchaser a certificate of sale and payment. Such certificate shall convey to the purchaser all right, title and interest which the debtor had in and to such property on the day the execution was levied.

The

SEC. 235. Upon a sale of real property, when the estate is less than a leasehold of two years' unexpired term, the sale shall be absolute. In all other cases, the real property sold shall be subject to redemption, as provided in this act. officer shall give to the purchaser a certificate of the sale, containing: First. A particular description of the real property sold. Second. The price paid for each distinct lot or parcel. Third. The whole price paid. Fourth. When subject to redemption, it shall be so stated. A duplicate of such certificate shall be filed with the recorder of the county.

SEC. 236. Property sold subject to redemption, as pro