Arizona weekly citizen., 1889-05-11
LAW OF EXECUTION.
Repeating Chapter l, Title 26. Of the Revised Statutes of the Terri tory of Arizona, Approved March 1st, 1887.

Entitled 'executions" and substitut- ing this act to take the place of same.
 Be it enacted by the Legislative Assem-
 bly of the Territory of Arizona:
 SECTION 1. A party in whose favor a judgment IS given may at any time with in five years after entry thereof have a writ of execution issued for its enforce ment.
 SEC. ?. The writ of execution must be issued in the name of the territory of Arizona subscribed by the clerk and sealed with the seal of the court and be directed to the sheriff of the county where it Is to be served and must refer intelligibly to the judgment stating date of entry, name of court and county where the judgment is filed, and if it be for money, the amount thereof, cost, in terest and amount actually due thereon and must require the officer serving the same substantially as follows:
 1sT. If it be against the property of the judgment debtor, it must require the officer to satisfy the judgment with interest out of the personal property of such debtor and if sufficient personal property cannot be found then out of his real property, or if the judgment be a lien upon real property then out of the real property belonging to him on the day when the judgment became lien or at any time thereafter, or if the exc cution be issued to a county other than the one in which the judgment was re- covered on the day when the abstract of the judgment was filed in the office of the recorder of such county.
 2ND. If it be against real or personal property in the hands of the personal representative heirs, devisees, legatees, tenants or trustees, it must require the officer to satisfy the judgment out of such property.
 3RD. If it be for the delivery of the possession of real or personal property it must require the officer to deliver the possession of the same, describing it, to the party entitled thereto and at the same time requires the officer to satisfy any costs, damages, rents, or profits re- covered by the same judgment out of the personal property of the person against whom it was rendered and the value of the property for which judg- ment was rendered to be specified there in if a delivery thereof cannot be had, and if sufficient personal property can not be found then out of the real prop erty as provided for in the first subdi- vision of this section.
 SEC. 3. The execution may be made returnable at any time not less than ten nor more than ninety days after its re- ceipt by the sheriff or other officer, to whom directed by the clerk of the court issuing it. When the execution is re- turned the clerk must note on the judg- ment book the amount made by the of ticer and to whom paid, and attach the execution to the judgment roll. If any real estate be levied on, the clerk shall note the fact on the judgment book with description of such real estate as shown by the return.
 SEC. 4. When the judgment requires the performance of any other act than above designated, certified copy of the judgment shall be served upon the party against whom the same was rendered or upon the person or officer required there by or by law to obey the same and obe- dience thereto may be enforced by the court as in other cases of contempt.
 SEC. ,. The judgment may be en- forced or carried into execution after the lapse of five years from the date of its entry by application to and leave of the court and upon hearing had thereon notice being given thereon to the parties interested Tn manner as may be directed by the court or judge at the time of the application.
 SEC. 6. No execution shall issue after the death of the judgment debtor, ex- cept it be for the recovery of real or per sonal property or the enforcement of a lien thereon.
 SEC. '. When the execution is against the property of the judgment debtor 1t may be issued to the sheriff of any county in the territory. When it requires the delivery of real or personal property 1t must be issued to the sheriff of the county where the property or some part thereof is situated. Execu- tiOns may be issued at the same time. to different counties.
 SEC. s. All goods. chattels, monies and other property, both real and per sonal, not exempt by law, and all prop erty and rights of property seized and held under attachment in the action, are liable to execution. Shares and inter ests in any corporation or company, and debts and credits, choses in action and all other property, both real and per sonal, or any interests legal or equitable Tn either real or personal property not capable of manual delivery may be lev jed upon and sold under execution.
 SEC. 9. The officer to whom the writ is directed shall make the levy as fol- lows:
 1sT. In order to make levy on real estate 1t shall not be necessary for the officer to go upon the ground but it shall be sufficient for him to indorse such levy on the writ and file with the county of the county where such real is situated copy of said writ with the indorsement of levy thereon.
 IND. A levy on personal property is- made by taking possession thereof when the defendant in execution has an inter- est in personal property, but is not en- titled to the possession thereof levy is made thereon by giving notice thereof to the person who is entitled to the pos session or one of them where there are several.
 3RD. A levy upon horses, mules, jacks, !ennets, horned cattle, or hogs at large in range and which cannot be herded or penned without great inconvenience and expense may be made by designating by reasonable esti- naJo the number of animals and de- scribing them by their marks and brands or either. Such levy shall be made in the presence of two or more persons and notice thereof shall De given in writing to the owner or his lerder or agent if residing within the county and known to the officer making he levy and copy of such notice at ached Co a copy of the writ shall be fled by the officer with the county re .order of the county wherein the levy is made.
 4th. A levy on the stock of any cor ,oration or joint stock company may be made by leaving a notice thereof with | he secretary or other officer of the com any upon whom service of process gainst the company is authorized by | aw.
 9th. A levy upon the interest of a | artner in partnership property is made | " leaving notice with one or more of the | artners or with a clerk of the partner hip.
 SEC. 10.-H the property levied on be laimed by A third person as his DroDer