, 1854-07-01

on a writ of execution, the time when he
received the same, and such execution shall
be returnable within ninety days after its
date to the clerk who issued the same.
Sec. 249 If the action be one in which
the defendant may, ,be arrested as provided
by law, an execution~against the person of
the Judgment debtor, may be issued to any
county in the Territory Proridcd, That
the sheriff shall not arrest the defendant if
he shall deliver to him property subject to
levy sufficient to satify said Judgment.
Sec $50 A person arrested on execu-
tion shall be imprisoned within the Jail or
the liberties thereof, and kept at his own
expense until satisfaction of the execution,
or his legal discharge, but the plaintiff
shall be liable to the sheriff in the first in
stance for such expense as in other cases of
arrest, in the same manner and to the same
extent as herein prescribed. i
Sec. 25l. All property real and personal
of the judgment debtor, not exempt by
law, shall be liable to execution.
EXEMPTION.
Sec. 252. All real and personal estate
to which any married woman shall hereai-
ter become entitled to in her own right
and all which may at the time Of her mar
riage belong to her, and all the issues rents
and profits of such real estate shall not be
liable to attachment for, or execution upon
any liability of Judgment against the
husband so long as she or any minor heir
of her body shall be living Provided that
her separate property shall not be exempt
from attachment or execution where the
debts were owing by the wife, previous to
marriage or may have been contracted for
her benefit.
See. 253. The following property shall
be exempt from execution, except us herein
otherwise specially provided:
Ia Dwellings and other buildings to the
value of five hundred dollars all private
libraries, all articles of clothing of married
women and children under twenty-one
years; and to each family kitchen and
cupboard ware to the amount of one hun
dred and fifty dollars; .one bed for every
two persons in the family; two cows; two
horses or two yokes Of oxen; one wagon,
two hogs; farming utensils actually used
by the family; produce raised upon the
farm or garden sufficient for six months
consumption, and all tools of mechanics
used to carry on their trade. But no arti-
Gle of property mentioned in this section,
shall be exempt from an execution issued
on a Judgment, recovered for its price, or
upon mortgage thereon, or for any tax
levied thereon,
Sec. 254. In all cases the defendant
himself may select the property which is
exempt.
Sec. 255. When q sheriff or other Off
Ger 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 9TH
or officer shall, if required by the person
claiming, forthwith summon three discreet
and disin,erested men, having the qualiii-
cations Of jurors, being householders and
resident in the vicinity where the property
is found, aud 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 sum
mon witnesses, administer the necessary
oaths, and adjourn from time to time not
longer than three days in all. They shall
also have power TO appraisc the property
claimed, and the other property of the
claimant, so far as may be necessary to de-
termine what portion, if any, is so exempt
They shall deliver their decision to the
sheriff in writing, and he shall forthwith
deliver to the person claiming, such prop
erty as is by them decided exempt from cx.
execution; but nothing in this section con
aimed, shall prev ent the person claiming
the property, from giving a bond and try.
ing 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.
ADVERSE CLAIMS TO PROPERTY LEVIED UPoY
Sec. 256. When any other person than
the judgment debtor shall clainl-property
levied upon or attached, he may have the
right to demand and receive the same from
the sheriff or other officer making the at.
tachment or levy upon his making an afii.
davit that the property is his or that he has
a right TO the immediate possession there.
Of stating on oath the yalue thereof, and
giving to the sheriff or officer bond with
sureties m double the value of such proper.
ty, conditioned that he will apear at the
next term Of the District Court Of the coun-
ty In which the property was seized, which
shall commence ten days or more after the
bond is accepted by the sheriff or officer,
and make good bis title to the same or that
he will return the property or pay its value
to the said sheriff or other officer. If the
sheriff or officer require it the sureties shall
justify as in other cases.. ana in case they
do not so justify when required, the sheriff
or officer shall retain the property, if the
sheriff or officer do not require the bail to
justify he shall stand good for their sull-
cheney. lie shall date and endorse his ac-
ccptance upon the bond