REDEMPTION.

Real estate sold on execution under a judgment, or upon foreclosure of mortgage or mechanics' liens, may be redeemed within six months from the date of the sale, either by the judgment debtor or his successor in interest in the whole or any part of the property, or by a creditor having a lien by judgment or mortgage on the property sold, by paying to the purchaser the amount of his purchase with eighteen per cent. thereon in addition. The purchaser is entitled to the rents, issues and profits.

CHAPTER IX.

PROCEEDINGS SUPPLEMENTARY TO EXECUTION.

After return of execution unsatisfied, the judgment debtor may be required to answer concerning his property.

A judgment debtor unjustly refusing to apply property which he has to the satisfaction of a judgment against him, may be required to appear and answer concerning the same.

After the issuing or return of execution, or upon proof by affidavit or otherwise, to the satisfaction of the Judge, that any person or corporation has property of judgment debtor, or is indebted to him in an amount exceeding fifty dollars, such person or corporation may be required to appear and answer concerning the same.

CHAPTER X.

SECURITY FOR COSTS.

When the plaintiff in an action resides out of the Territory, or is a foreign corporation, security for costs and charges that may be awarded against such plaintiff may be required by the defendant. When required, all proceedings shall be stayed until an undertaking, as required, be filed to pay all costs, not exceeding the sum of three hundred dollars, with two sureties. If such security be not given within thirty days from the service of notice that security is required, the Court may order the action dismissed.

CHAPTER XI.

APPEALS IN GENERAL.

An appeal may be taken: 1. From a final judgment in an action or special proceeding, commenced in the Court in which the judgment is rendered, within one year after the entry of judgment. But an exception to the decision or verdict, on the ground that it is not supported by the evidence, cannot be reviewed on appeal from the judgment, unless the appeal is taken within sixty days after the rendition of the judgment.

2. From a judgment rendered by a Probate or Justice's Court, within twenty-one days from the entry of judgment.

3. From an order granting or refusing a new trial; from an order

granting or dissolving an injunction ; from an order refusing to grant or dissolve an injunction; from an order dissolving or refusing to dissolve an attachment; from an order granting or refusing to grant a change of the place of trial; from any special order made after final judgment, and from an interlocutory judgment in actions for partition of real property, within thirty days after the order or interlocutory judgment is made and entered in the minutes of the Court, or filed with the Clerk.

In the District Court, an undertaking must be filed on the part of the appellant by at least two sureties, to the effect that the appellant will pay all the damages and costs, not exceeding three hundred dollars; or that sum must be deposited with the Clerk.

If a stay of proceedings is desired, an undertaking in double the amount of the judgment and costs must be filed.

In the Probate and Justices' Courts, appeals are allowed in all cases where the demand, exclusive of interest, or the value of the property in controversy amounts to twenty-five dollars.

Appeals in Probate and Justices' Courts must be taken in twenty days from the rendition of the judgment.

CHAPTER XII.

HOMESTEADS.

The homestead consisting of a quantity of land, together with the dwelling house thereon and its appurtenances, not exceeding in value the sum of five thousand dollars, to be selected by the husband and wife, or either of them, or other head of a family, shall not be subject to forced sale on execution, or any final process from any Court.

The person or persons claiming a homestead shall do so by written declaration, setting forth that they, or either of them, are married, or if not married, that he or she is the head of a family; that they or either of them, as the case may be, are, at the time of making such declaration, residing with their family, or with the person under their care and maintenance, on the premises, particularly describing said premises, and it is their intention to use and claim the same as a homestead, which declaration shall be signed by the party making the same, and acknowledged and recorded in the office of the County Recorder. Such exemption shall not extend to any mechanics, laborers or vendor's lien, lawfully obtained, nor to a mortgage or alienation to secure the purchase money or pay the purchase money, if the signature of the wife be obtained to the same, and acknowledged by her separate and apart from her husband.

CHAPTER XIII.

ESTATES OF DECEASED PERSONS.

Every executor or administrator shall, immediately after his appointment, cause to be published in some newspaper published in the county-if there be one, if not, then in such newspaper as may be designated by the Court--a notice to the creditors of the deceased, requiring all persons having claims against the deceased to exhibit them, with the necessary vouchers, within ten months after the first publication of the notice, to such executor or administrator, at the place of his residence or transaction of business, to be specified in the notice.

If a claim be not presented within ten months—unless the value of the estate does not exceed fifteen hundred dollars, in which case notice to creditors shall be given to present their claims within four months after the first publication of the notice, it shall be barred forever; provided, if it be not then due, or if it be contingent, it may be presented within ten months after it shall become due or absolute; and, provided further, that when it shall be made to appear by the affidavit of the claimant, to the satisfaction of the executor or administrator and the Probate Judge, that the claimant had no notice, as provided in this act, by reason of absence from this Territory, may be presented at any time before a decree of distribution is entered.

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Every claim presented to the administrator shall be supported by the affidavit of the claimant that the amount is justly due, that no payments have been made thereon, and that there are no off-sets to the same to the knowledge of the claimant or affiant; provided, that when the affidavit is made by any other person than the claimant, he shall set forth in the affidavit the reason it is not made by the claimant. The oath may be taken before any officer authorized to administer oaths. If the claimant is a non-resident, the affidavit must be made before a Judge or Clerk of a Court having a seal, or a Commissioner for Idaho Territory. The executor or administrator shall