Actions upon a judgment or decree of any Court of the United States, or of any State or Territory within the United States.

Actions upon sealed instruments.

Within Six Years:

An action upon a contract or liability, express or implied, excepting those already mentioned.

An action upon a liability created by statute, other than a penalty or forfeiture.

An action for waste or trespass upon real property.

An action for taking, detaining or injuring personal property, including an action for the specific recovery thereof.

Within Three Years:

An action against a Sheriff, Constable, or Coroner, upon a liability incurred by the doing of an act in his official capacity, or by the omission of an official duty; but this does not apply to an action for an escape.

An action upon a statute for a penalty or forfeiture.

Within Two Years:

An action for libel, slander, assault, battery, or false imprisonment; for criminal conversation, or for an injury to the person or rights of another not arising on contract.

An action upon a statute for a forfeiture or penalty to the State.

Within One Year:

An action against a Sheriff or other officer for the escape of a prisoner arrested or imprisoned on civil process.

An action for any cause not herein before provided for shall be commenced within ten years after the cause of action accrued.

CHAPTER VI.

ATTACHMENTS.

The plaintiff, at the time of issuing the summons, or at any time afterward, but before judgment, may have the property of the defendant attached, by filing with the Clerk of the Court an undertaking, with one or more sureties, in a sum equal to the amount for which the plaintiff demands judgment, and not less than $100; and to the effect that the plaintiff will pay all costs that may be adjudged to the defendant, and all damages which he may sustain by reason of the attachment, if the same be wrongful, or without sufficient cause, not exceeding the amount specified in the undertaking; and the plaintiff, or some one in his behalf, making and filing an affidavit showing:

1. That the defendant is indebted to the plaintiff (specifying the amount of such indebtedness, over and above all legal set-offs or counter-claims) upon a contract, express or implied, for the direct payment of money, and that the payment of the same has not been secured by any mortgage, lien, or pledge upon real or personal property; or,

2. That the sum for which the attachment is asked is an actual bona fide existing debt due and owing from the defendant to the plaintiff, and that the attachment is not sought, and the action prosecuted to hinder, delay or defraud any creditor of the defendant.

CHAPTER VII.

ARREST IN CIVIL ACTIONS.

The Constitution provides that there shall be no imprisonment for debt, except in cases of fraud or absconding debtors. The defendant may be arrested in the following cases:

In an action for the recovery of money or damages, on a cause of action arising out of contract, when the defendant is not a resident of the State, or is about to remove therefrom; or when the action is for an injury to person or character, or for injuring or wrongfully taking, detaining, or converting property. In an action for a fine or penalty, or on a promise to marry, or for money received or property embezzled, or fraudulently misapplied or converted to his own use by a public officer, or an attorney, officer or agent of a corporation, factor, agent, or broker, or other person in a fiduciary capacity. In an action to recover the possession of any personal property unjustly detained, when the property or any portion thereof has been concealed, removed, or disposed of.

When the defendant has been guilty of a fraud in contracting the debt, or incurring the obligation for which the action is brought.

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

No female can be arrested in any action, except for an injury to person, character or property.

At any time after the commencement of the action, and before judgment, the plaintiff may obtain the arrest of the defendant by making and filing with the Clerk of the Court in which the action is pending, an affidavit that the plaintiff has a sufficient cause of action therein, and that the case is one of those above-mentioned; and making and filing with such Clerk an undertaking with one or more sureties, in a sum not less than one hundred dollars, and equal to the amount for which plaintiff prays judgment, conditioned that plaintiff will pay all costs that may be adjudged to the defendant, and all damages which he may sustain by reason of the arrest, if the same be wrongful or without sufficient cause, not exceeding the amount specified in the undertaking.

CHAPTER VIII.

JUDGMENTS AND JUDGMENT LIENS.

A judgment, when entered becomes a lien upon the real estate owned by the defendant in the county at the time of the entry, and such as he may subsequently acquire. The lien continues for ten years.

CHAPTER IX.

EXECUTIONS, EXEMPTIONS, SALE AND
REDEMPTION.

The party in whose favor a judgment is given which requires the payment of money, the delivery of real or personal property, or either of them, may, at any time after the entry thereof, have a writ of execution issued for its enforcement.

There are three kinds of executions: one against the property of the judgment debtor, another against his person, and the third for the delivery of real or personal property.

In the Circuit and County Courts executions are returnable in sixty days, and in Justices' Courts in thirty days.

In the Circuit and County Courts there is no stay of execution, except pending an appeal; in Justices' Courts execution may be stayed for thirty days upon filing bond.

The following personal property is exempt from sale under an execution:

Books, pictures, and musical instruments to the value of $75; wearing apparel to the value of $100, and if a householder to the value of $50 for each member of the family; tools, implements, apparatus, team, vehicle, harness, or library -when necessary in the occupation or profession of a judgment debtor-to the amount of $400; if the judgment debtor

be a householder, ten sheep with one year's fleece, two cows, five swine, household goods, furniture, and utensils, to the value of $300. No article of property is exempt from execution issued upon a judgment for the purchase price.

Upon a sale of real property, when the estate is less than a leasehold of two years' unexpired term, the sale is absolute. In all other cases such property is subject to redemption.

The judgment debtor, or his successor in interest, may redeem such property within four months from the date of the order confirming the sale, by paying the amount of the purchase money, with interest at the rate cf ten per cent. per annum from the time of sale, together with the amount of taxes the purchaser may have paid thereon.

A creditor having a lien by judgment, decree or mortgage, on any portion of the property subsequent in time to that on which the property was sold, may also redeem within sixty days from the date of the order confirming the sale.

CHAPTER X.

PROCEEDINGS SUPPLEMENTARY TO EXECUTION.

After the issuing of an execution against property, and upon proof by the affidavit of the plaintiff, in the writ or otherwise, to the satisfaction of the Court or Judge thereof, that the judgment debtor has property liable to execution which he refuses to apply toward the satisfaction of the judgment, such Court or Judge may, by an order, require the judgment debtor to appear and answer under oath concerning the same. If it appear from such examination that the judgment debtor has property liable to execution, the Court or Judge shall make an order requiring the judgment debtor to apply the same in satisfaction of the judgment. Disobedience to any such order may be punished as for a contempt.