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to his own use by a public officer, or an officer of a corporation or an attorney, factor, broker, agent, or clerk, in the course of his employment as such, or by any other person in a fiduciary capacity, or for misconduct or neglect in office, or in professional employment, or for wilful violation of duty.

3. In an action to recover the possession of personal property unjustly detained, when the property or any part thereof has been concealed, removed, or disposed of, so that it cannot be found or taken by the Sheriff.

4. When the defendant has been guilty of a fraud in contracting the debt, or incurring the obligation for which the action is brought, or in concealing or disposing of the property, for the taking, detention, or conversion of which the action is brought.

5. When the defendant has removed or disposed of his property, or is about to do so, with intent to defraud his creditors.

The order of arrest is only issued upon filing an affidavit and bond as required by statute-bond to be for a sum not less than four hundred dollars.

CHAPTER VI.

JUDGMENTS AND JUDGMENT LIENS.

From time judgment is docketed it becomes a lien upon all real property of the judgment debtor, not exempted from execution in the county, owned by him at the time, or which he may afterward acquire, until the lien expires. Lien of judgment continues for two years, unless the judgment be previously satisfied. Personal property, not exempt from execution, is only held for satisfaction of judgment after levy of execution thereon.

CHAPTER VII.

EXECUTIONS, EXEMPTIONS, SALE AND
REDEMPTION.

Execution may issue for the enforcement of a judgment at time within five years after the entry thereof, and may be issued to the Sheriff of any county in the State in proper cases.

Exemptions.

The following property of the judgment debtor is exempt from execution:

1. Chairs, tables, desks, and books to the value of $100. 2. Necessary household furniture, wearing apparel, beds, bedding, provisions, and firewood sufficient for one month.

3. Farming utensils; also, two oxen, or two horses, or two mules, and their harness; two cows, one cart or wagon; and food for such oxen, horses, cows or mules for one month; also all seed-grain, or vegetables actually provided, reserved, or on hand for the purpose of planting or sowing, at any time within the ensuing six months, not exceeding in value $200.

4. The tools and implements of a mechanic or artisan necessary to carry on his trade; the instruments and chests of a surgeon, physician, surveyor and dentist, necessary to the exercise of their profession, with their scientific and professional libraries, and the law libraries of an attorney or counselor, and the libraries of ministers of the gospel.

5. The cabin or dwelling of a miner, not exceeding in value $500; also, all tools and implements necessary for carrying on any mining operation, not exceeding in value $500; and two horses, mules, or oxen, with their harnesses, and food for the same for one month, when necessary to be used in such mining operations.

6. Two oxen, two horses, or two mules, and their harness, and one cart or wagon, by the use of which a cartman, huckster, peddler, teamster, or other laborer, habitually earns his living; and one horse, with vehicle and harness, or other equipments used by a physician or surgeon, or minister of the gospel, in making his professional visits, and food for such oxen, mules or horses for one month.

7. One sewing machine, not exceeding in value $150, in actual use by the debtor or his family.

8. All fire-engines, hooks and ladders, and all apparatus and furniture belonging to any fire company or department. 9. All arms, uniforms and accoutrements required by law to be kept by any person.

10. All court-houses, jails, public offices and buildings, lots, grounds, and personal property; the fixtures, furniture, books, papers and appurtenances belonging and pertaining to the court-house, jail and public offices belonging to any county in this State; and all cemeteries, public squares, parks and places, public buildings, town halls, public markets, buildings for the use of the fire department and military organizations, and the lots and grounds thereto belonging and appertaining, owned or held by any town or incorporative city, or dedicated by such town or city to health, ornament, or public use, or for the use of any fire or military company organized under the laws of this State.

11. None of the above articles or species of property are exempt from execution issued upon a judgment recovered for its price, or upon a mortgage thereon.

12. The earnings of a judgment debtor arising from his personal services for the thirty days next preceding the making of the order by the Judge or Justice, to the extent of fifty dollars, are exempt, when it shall be made to appear by the debtor's affidavit, or otherwise, that such earnings are necessary for his own support or the use of a family, supported wholly or partially by his labor.

The fees and salaries of persons holding offices or positions of profit under the government of this State shall be subject

to attachment or execution for all debts or liabilities created during their term of office.

For homestead exemption, see "Homesteads."

Sale.

Real property may be sold upon twenty days' notice, given as required by law; and personal property after five day's notice of the time and place of sale, as required by law.

Redemption.

Real estate sold upon execution or order of sale upon mortgage, tax sale or otherwise, may be redeemed by the judgment debtor, or his successors in interest in the whole or any part of the property, or by a creditor having a lien by judgment or mortgage upon the property sold, or some share or part thereof subsequent to that upon which the property was sold, within six months from the date of sale. By Act of 1879, redemption from tax sale is allowed for six months from time of sale. Personal property, sold upon execution, is not subject to redemption.

CHAPTER VIII.

PROCEEDINGS SUPPLEMENTARY TO

EXECUTION.

Upon return of execution unsatisfied, in whole or in part, issued upon any judgment, the defendant may be required to appear before the Court and answer under oath concerning his property.

CHAPTER IX.

SECURITY FOR COSTS.

When plaintiff is a non-resident, or is a foreign corporation, security for costs may be required.

CHAPTER X.

APPEALS.

An appeal from a judgment rendered in a Justices' Court may be taken to the District Court within thirty days after entry of judgment upon filing a bond with two sufficient sureties for double the amount of judgment and costs, in case stay of execution is demanded.

An appeal may be taken from the District to the Supreme Court:

1. From a final judgment in action or special proceeding commenced in the Court in which the judgment is rendered, within one year after the rendition of judgment.

2. From an order granting or refusing a new trial, from an order granting or dissolving an injunction, and from an order refusing to grant or dissolve an injunction, and from any special order made after the final judgment, within sixty days after the order is made and entered in the minutes of the Court.

3. From an interlocutory judgment or order in case of partition which determines the rights of the several parties, and directs partition, sale, or division to be made, within sixty days after the rendition of the same.

In all cases of appeal to the Supreme Court, a bond must be filed in the sum of $300 for payment of costs of appeal; and in case a stay of execution is demanded, then an additional bond must be filed in a sum for double the amount of the judgment and costs. Bonds to be given by appellant, and to be executed by two or more sureties.

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