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

7. One sewing machine, not to exceed in value one hundred dollars, in actual use by the debtor or his family. If the debtor be head of a family, then there shall be a further exemption of five head of sheep and the wool therefrom for every person in the family, two hogs and three pigs under three months old, and the necessary food for all such animals for sixty days. All flax raised by the debtor, and the manufactures therefrom, and all cloth manufactured in the family of the debtor for their own use; all spinning wheels and looms and other instruments of domestic labor kept for family use. The earnings of such debtor of his personal service, or those of his family, at any time within sixty days next preceding the levy.

8. All fire engines, hooks and ladders, with the carts, trucks and carriages, hose, buckets, implements and apparatus. All furniture and uniforms of any fire company or department now existing, or which may be under the laws of this Territory hereafter organized.

9. All arms, ammunition, uniforms and accoutrements required by law to be kept by a person.

10. All Court Houses, jails, public offices and buildings, school houses, and houses of public worship, lots, grounds and personal property appertaining thereto. The fixtures, furniture, books, papers and appurtenances belonging and appertaining to the Court House, jail, and public offices belonging to any county, or for the use of schools or houses of public worship; and all cemeteries, public squares, parks and places, town halls, houses for the use of fire departments and military organizations, and the lots and grounds thereto belonging, or held by any town or incorporated city, or dedicated to such town or

city to health, ornament, or public use, to the use of any fire or military company now existing or hereafter organized.

11. For homestead exemption, see "Homestead.”

Redemption.

Of real property may be made by the defendant, or any creditor subsequent to plaintiff's lien, at any time within six months from the day of sale, by the payment of the purchase money and six per cent. bonus, and from a redemptioner within sixty days of such redemption.

CHAPTER IX.

PROCEEDINGS IN AID OF EXECUTIONS.

On the return by a Sheriff or Marshal of an execution "unsatisfied," the judgment creditor upon affidavit or otherwise showing to the satisfaction of the Court, or of the Judge thereof, that the judgment debtor has property which he unjustly refuses to apply toward the satisfaction of the judgment, may apply, and the Court or Judge may, by an order, require the judgment debtor to appear at a specified time and place before such Judge, or a referee appointed by him, to answer under oath concerning the same; and such proceedings may thereupon be had for the application of the property of the judg ment debtor toward the satisfaction of the judgment, as are provided upon the return of an execution; that is, to require the appearance of witnesses, and hear the same, and make orders in relation thereto. And on proof, by affidavit, or otherwise, that any person or corporation has property of such judgment debtor, or is indebted to him in an amount exceeding $50, the Judge may by order require such person, or corporation, or any officer or member thereof, to appear at a specified time and place before him, or a referee appointed by him, and answer concerning the same.

The Judge or referee may order any property of the judgment debtor not exempt from execution in the hands of such debtor, or any other person, or due to the judgment debtor, to be applied toward the satisfaction of the judgment.

If it appear that a person or corporation, alleged to have property of the judgment debtor or indebted to him, claims an interest in the property adverse to him, or denies the debt, the Court or Judge may authorize, by an order made to that effect, the judgment creditor to institute an action against such person or corporation for the recovery of such interest or debt; and the Court or Judge may, by order, forbid a transfer or other disposition of such interest or debt, until an action can be commenced and prosecuted to judgment. Such order may be modified or vacated by the Judge granting the same, or the Court in which the action is brought, at any time, on such terms as may be just.

CHAPTER X.

SECURITY FOR COSTS.

It is made the duty of the Clerk of the District Court, in all civil actions, to require the party commencing the suit to pay in advance, or secure by bond, with security, the payment of the probable amount of the costs of the action, provided that the said costs shall, at the conclusion of the trial, be paid by the party against whom said costs are adjudged by the Court.

CHAPTER XI.

APPEALS.

From Justices' Courts to the proper District Court may be taken any time within thirty days after rendition of judgment, except where the judgment is for an amount less than $20, by

filing a notice of such appeal, and serving a copy on the opposite party; and by filing with the Justice, within five days after filing the notice of appeal, an undertaking with two good sureties, who shall justify under oath.

Appeals from the District Court.

May be taken to the Supreme Court from any final judgment or order in a civil action, except when expressly made final by the act, any time within one year after the rendition of judgment. From any order granting or refusing a new trial, or from an order granting or dissolving an injunction, or 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 upon the minutes of the Court; or from any interlocutory judgment or order in cases of partition, sale or division, to be taken within sixty days after the rendition of the same.

The appeal is taken by filing with the Clerk of the Court with whom the judgment or order appeal from is entered, a notice stating the appeal from the same, or some specific part thereof, and serving a copy of the notice on the adverse party or his attorney. To render the appeal effectual for any purpose, in any case, a written undertaking shall be executed on the part of the appellant, by at least two sureties, to the effect that the appellant will pay all damages and costs which may be awarded against him on the appeal; or a sum not exceeding $100 shall be deposited with the Clerk with whom the judgment or order was entered, to abide the event of the appeal; such undertaking shall be filed, or such deposit made with the Clerk, within at least five days after the notice of appeal is filed.

An appeal from a judgment or order for the payment of money shall not stay the execution of the judgment or order, unless a written undertaking is executed on the part of the appellant, by two or more sureties, stating their places of residence and occupation, to the effect that they are bound in double the amount named in the judgment or order appealed from; and should the judgment or order appealed from, or any

part thereof, be affirmed, the appellant shall pay the amount directed to be paid by the judgment or order, or the part thereof which shall be affirmed, and all damages and costs which may be awarded against the appellant, and in the kind of money in which the Court to which it is appealed shall order the payment thereof.

The sureties shall file affidavits as to their worth, over all just debts and liabilities, exclusive of property exempt from

execution.

When the appeal shall be thus perfected, it shall stay all proceedings upon the judgment, until the action of the appellate Court shall be had. The appellee may object to the sureties, as to their sufficiency, and if the objection be well taken, and the appellant, upon five days' notice, fail to give additional security, the appeal shall be regarded as if not taken.

Upon trial in the appellate Court, the successful party is entitled to have the judgment remitted to the Court from which the appeal was taken for execution.

CHAPTER XII.

ESTATES OF DECEASED PERSONS.

Claims against deceased estates must be made within ten months after notice of administration is given.

Satisfactory proof of the amount due must be made to the Administrator and Probate Court.

The executor or administrator of the estate has as long to make final settlement in as the Probate Court will permit, which is usually as long as he can show any unsettled business of the estate.

The widow or other members of the family are entitled to the homestead, and such further allowances as the Probate Court may deem proper for the maintenance of the widow.

The largest discretion is given the Court in making orders respecting the estate.