, 1854-07-01

tate, for the period of five years from the
day on which said judgment was rendered,
said lien to commence as follows: On
judgments Of the district court of the coun-
ty where the land is situated from the date
Of the rendition Of the judgment: In all
other cases from the date on which the levy
is made provided the levy shall he lodged
with the clerk to be recorded in the book
of levies in the manner and at the time pre-
scribed by law. If not SO lodged with the
clerk within such time, then from the time
when it shall be so lodged An appeal to
the supreme court, writ Of error, or stay OF
execution shall not affect any existing lien,
and in all cases of an appeal or writ of er-
ror, the tiWe from which the five years
shall commence to run shall be from the
date of the final judgment i'll the supreme
court.
Sec. 24l. Personal property shall only
be held from the time it is actually levied
upon.
EXECUTION.
Sec 242 The PARTY, in whose favor
judgment is given, may at any time within
five years thereafter, issue writ of execu-
| tiontor its enforcement as prescribed by law.
Sec 243. After the lapse offve yearsfrom
the date of the judgment, an execution can
be issued only by leave Of the court, upon
motion, with personal notice to the adverse
party, unless he be absent or nonresident
or cannot be found in which case it may
be given by publication or in such other
manner as the court shall direct Z; such
leave shall not be given, unless it lie eStab-
lshed by the oath of the party or other
satisfactory proof that the Judgment or some
part thereof remains unsatisicd and due.
Sec. 244. When a judgment requires
the payment Of money or the delivery Of
real or personal property, the same may be
enforced in those respects by execution, us
provided in this act When it requires the
performance Of any other act, certified
copy of the judgment may be served on the
party, against whom it is given, or the per-
son or officer who is required thereby, or by
law to obey the same, and writ shall be
issued commanding him to obey or enforce
the same. If he refuse he may be punished
by the court as for contempt.
Sec. 245. There shall be four kinds Of
executions one against the property of
the Judgment debtor another against his
person the third for the delivery of the
possession Of real or personal property, or
such delivery with damages for withholding
the same And the fourth commanding
the enforcement of or obedience to any spe-
cial order of the court And in all cases
there shall be an order to collect the costs.
Sec. 246. The writ of execution shall
be issued in the name Of the United States
sealed with the seal Of the court, and sub
scribed by the clerk, and shall be directed
to the sheriff. or coroner when the sheriff
is party or interested, and shall intelligiby
refer to the judgment, stating the court,
the county where the judgment Tas render,
ed, the names Of the parties, the amount of
the Judgment if it be for money, and the
amount actually due thereon, and shall re-
quire the sheriff substantially as follows:
lst If it be against the property of the
Judgment debtor, it shall require the shirifl
to satisfy the judgment with interest out of
the personal property of such debtor, and
if sufficient personal property cannot be
found out of his real property upon which
the judgment is lien.
Cd. If it be against real or personal
property, in the hands Of personal represen-
tatives, heirs, devisecs, legatees, tenants Of
real property or trustees it shall require the
sheriff to satisfy the judgment with interest
out of such property.
Sd. Ifit be against the person of the
Judgment debtor, it shall require the sheriff
to arrest such debtor and commit him to
the jail Of the county until he shall pay the
judgement with interest, or be discharged
according to law.
4th. If it be for the delivery of the pos
session Of real or personal property, it shall
require the sheriff to deliver the possession
of the same, particularly describing it, to
the party entitled thereto, and may at the
same time require the sheriff to satisfy any
charges, damages, or rents and profits, re-
covered by the same judgment, out Of the
personal property Of the party against whom
it was rendered, and the value of the prop
erty for which the Judgment was recovered
to be specified therein, if delivery thereof
cannot be had, and if sufficient personal
property cannot be found, then out of his
real property.
Where it is to enforce obedience to any
special order, it shall particularly command
what is required to be done or to be omit
ted Where the nature of the case shall
require it, the execution may embrace one
or more Of the requirements above'men-
toned. And in all cases, the execution
shall require the collection of all interest
costs, and increased costs thereon.
Sec. 247. When the execution is against
the property of the Judgment debtor, it
may be issued to the sheriff of any county
in this territory, but it shall not be issued
in the first instance, to the sheriff of any
other county than that in which the iudg-