The Idaho world. [volume] (Idaho City, Idaho Territory) 1864-1918, 1866-03-03
SIC. 244, is hereby repealed.
SEC. 245, is hereby repealed.
SEC. 246, is hereby repealed.
SEC. 247, is hereby repealed.


SEC 2l8 When an execution against property of the
Judgment debtor of any several debtors in the same
Judgment issued TO the Sheriff Of the County where he
resdesor if he does reside in this Territory the
Sheriff of tile County where the Judgment roll is fled
is returned unsasled in whole in part the Judgment
creditor any time after such return made shall be
entitled order from the Judge of the Court Pro-
bare Judge, requiring such Judgment debtor to appear
and concerning his property, before such Judge
referee appointed by him. at time and place speci
fled in the orGer; bat Judgment debtor shall be
qured to attend before Judge, referee out OF the
County in which he resides when proceedings taken
under the provisions Of this Chapter.
SEC 249 After the issuing an execution against prop
erty and upon proofb affidavit OF party OF otherwise
to the satisfaction of the Court of Judge thereof or
Probate Judge that any Judgment debtor has property
which he uujusIly refuses apply towards the
ton of the Judgment such Court or Judge may by an
order require the Judgment debtor TO appear a spec
lied time and place before such Judge referee APP
pointed by him, to answer concerning the and
such proceedings may thercupOD be had for the apFc
ton of the property Of the Judgment debtor toward the
satisfaction of The Judgment provided upon the
return OF execution Instead OF the order requiring
the attendance of the judgment debtor the Judge may
upon affidavit of the judgment creditor his agent At
torney lift appear him that there danger Of the
and bring him before such Judge Upon being brought
before the Judge, he maybe ordered to enter into
erstandng with sufficient surety that he will attend
time before the Judge, referee shall be
directed during the pendency OF proceedings and until
the final determination thereof and will not i'll the mean
time dispose ofany POI ton of bis property not exempt
from execution In default of entering into such under
taking, he may be committed toprison
Sec 256 There shall be but action for the recovery
of any debt the enforcement of any right secured by
mortgage lie upon real estate personal property,
which action shall be in accordance with the provisions
of this Chapter In such action, the Court shall have
power by its decree Judgment, to direct sale OF tho
ncunlbered property such part thereof as shall be
necesoay and the application the proceeds of sale
to payment Of the COSTS and expenses of the sle
the costs of the suit and the amount due the lainti
If it shall appear from the Sherif9s return that there is
deficiency of such proceeds and balance still due to
the plaintiff the judgment shall then be dockeed for
such balance against the defendant, defendants, per-
sonally liable for debt and shall from the time OF such
lien upon the real estate Of the Judgment
debtor and execution may hereupon be issued by the
Clerk of the Court in like and FORM upon 9TH
er Judgments to collect such balance deficiency from
the property of the judgment debtor.
SEC Z06 In an action for the recovery of real property
where the plaintiff shows right to recover at the time
the action commenced but it appears that his right
has terminated during the pendency of the action the
verdict and Judgment shall be according to the fact and
the plaintiff may recover damages for Withholding the
property.
SEC 2S6 When the party who has right to appeal,
wishes of the to be annexed to the re-
cord of the judgment ororder, he SHALL within twenty
DAYS after the entry of such Judgment ORDER prepare
such statement which shah state specifically the particu