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5. When the judgment was rendered for money, or other valuable thing lost by playing at any game, or by means of any bet or wager.

6. When he was arrested on an order before judgment, and has not been discharged as an insolvent debtor, or the order has not been set aside as improperly made.

Such execution against the person can be issued only when allowed by the District Court or any Judge thereof, upon being satisfied, by affidavit of the judgment creditor or his attorney and such other evidence as may be presented, of the existence of one or more of the particulars mentioned above.

A Justice of the Peace may issue an execution against the person of the judgment debtor upon being satisfied of the existence of one or more of the same particulars, by like affidavit and evidence.

CHAPTER VII.

JUDGMENT LIENS.

A judgment is a lien on the lands and tenements of a judgment debtor from the first day of the term at which it is rendered; but judgments by confession, and judgments rendered at the same term at which the action is commenced, bind such lands only from the date of their rendition.

If execution is not sued out within five years from the date of the rendition of judgment, such judgment becomes dormant, and ceases to operate as a lien. The judgment may subsequently be revived, but the lien is not restored, except from the date of revivor.

If execution is not taken out and levied within one year after rendition of judgment, the judgment shall not operate as a lien upon estate of any debtor to the prejudice of any bona fide judgment creditor. The lien is not defeated, however, where failure to take out execution is caused by appellate proceedings.

CHAPTER VIII.

EXECUTIONS, SALE, REDEMPTION AND
EXEMPTIONS.

Executions are of three kinds:

1. Against the property of the judgment debtor.
2. Against his person.

3. For the delivery of the possession of real property, with damages for withholding the same and costs.

The officer having the writ must levy first on the goods and chattels of the debtor, but if no goods be found, he shall endorse on the writ "no goods," and forthwith levy the writ of execution upon the lands and tenements of the debtor liable to satisfy the judgment.

The officer may sell goods and chattels seized, by first publishing notice of the time and place of sale for a period of ten days. Notice of the sale of lands and tenements must be published four weeks prior to the sale.

There is now in this Territory no statute providing for the redemption of property, either real or personal, sold on execution.

The exemption from levy or seizure, are a homestead not exceeding in value $1500, so long as it is actually occupied as such by the debtor and his family, the value to be ascertained by appraisers.

So, too, the following personal property, when owned by the head of a family who is residing with the same: Furniture, bedding and provisions, and such other articles as the debtor may select, not exceeding in value $500.

There is also exempt the necessary wearing apparel of every person, not exceeding in value $50.

The tools, team and implements, or stock in trade of any mechanic, miner, or other person, used and kept for the purpose of carrying on his trade or business, not exceeding in

value $300. Also the library, instruments and implements of any professional man, not exceeding in value $300.

There is no exemption in favor of a person not an actual resident of the Territory, nor one about to remove or abscond therefrom. And no article or property is exempt from attachment or sale, upon execution, for the purchase money of said article of property.

CHAPTER IX.

PROCEEDINGS IN AID OF EXECUTIONS.

Proceedings in aid of executions may be had, in which the debtor may be examined and compelled to disclose and appropriate to the payment of the judgment any property which he may have unjustly refused to apply to that purpose.

A receiver may be appointed to take and dispose of such property of the judgment debtor that may be unearthed on examination, either legal or equitable, and appropriate the proceeds to the payment of the judgment.

CHAPTER X.

SECURITY FOR COSTS.

In all cases where the plaintiff is a non-resident of the county in which the action is brought, he must furnish security for costs before commencing such action, Security need not be furnished, provided costs are paid as they accrue.

CHAPTER XI.

APPEALS.

In actions at law, final judgments and orders may be reviewed on writ of error or petition in error sued out at any time within two years after rendition.

Where the judgment or decree sought to be reviewed is for the payment of money to stay execution, security must be given in double the amount of the decree or judgment. In other cases the amount of security is fixed by the Court.

CHAPTER XII.

ESTATES OF DECEASED PERSONS.

Estates of deceased persons are settled in the Probate Courts through the usual means of executors and administra

tors.

Claims against the estate must be presented within one year after the granting of letters testamentary or of administration, and if not so presented, are forever barred.

Every executor and administrator must exhibit a statement of the accounts of his administration for settlement, with proper vouchers, to the Probate Court, at its first term after the end of six months from the date of his letters, and at the corresponding term of Court every six months until administration be completed.

CHAPTER XIII.

DEPOSITIONS.

No person is disqualified as a witness by reason of his interest in the event of suit.

Depositions may be taken as soon as a case is commenced, and may be used when the witness does not reside in the county where the action is pending, or is absent therefrom; or when from age or infirmity or imprisonment of the witness he is unable to attend Court, or is dead; or when in any case oral examination is not required.

They may be taken in or out of the Territory, before a Justice of the Peace, Chancellor, or Judge of any Court of record, Notary Public, Mayor, Chief Magistrate of any city or town corporate, a Commissioner appointed by the Governor of the Territory, or any person authorized by special commission from the Territory.

They may be taken in narrative form, or by questions and answers. In all cases they may be taken on notice or commission issued by the Clerk of the Court.

CHAPTER XIV.

JUDICIAL RECORDS.

The judicial records of another State must be proven in accordance with the provisions of the Act of Congress, except judgments of Justices of the Peace, whose proceedings may be authenticated by their own certificate, supported by the official certificate of the Clerk of any Court of Record in the county in which such Justice resides, that his signature is genuine, and that he is an acting Justice of the Peace of that county.

CHAPTER XV.

ACKNOWLEDGMENTS.

Deeds or mortgages, executed within this Territory, of lands or any interest in lands, shall be executed in the presence of one witness, who shall subscribe his name to the same as such; and the person executing such deeds or mortgages may acknowledge the execution thereof before any Judge or Clerk of a Court of Record, or before any County Clerk, or before any Notary Public or Justice of the Peace within the

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