when the defendant having no property subject to execution, or not sufficient to satisfy the judgment, has money which he ought to apply in payment upon such judgment, which he refuses to apply, with intent to defraud plaintiff; or when he refuses to comply with the legal order of the Court, with intent to defraud the plaintiff.

The Court or Judge making the order shall first be satisfied by affidavit of the party, his agent or attorney, and other proof in writing, that one or more of the above causes exist. Before the order of arrest issues, the plaintiff, or some one in his behalf, shall file a bond with the Clerk in such amount as the Court or Judge may have fixed in the order, with sureties to the satisfaction of the Clerk, conditioned to pay to the defendant all damages he shall suffer and all expenses he shall incur by reason of such arrest and imprisonment, if the order be vacated, or if the plaintiff fail to recover in his action. The defendant may, on motion, apply to the Court to vacate the order of arrest on the ground of insufficiency of the proof, or may show that the facts alleged are untrue, or he may give bail. The grounds for issuing a warrant of arrest by a Justice of the Peace are the same as above.

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CHAPTER VIII.

JUDGMENTS AND JUDGMENT LIENS.

In addition to judgments of non-suit and judgments upon the merits, either on trial by jury or by the Court, the plaintiff may have judgment by failure of the defendant to appear and answer, or upon the confession of judgment by defendant. A judgment in the Dis

trict Court is a direct lien on the real estate of the defendant in the county where the judgment is rendered for twenty days after its rendition. The plaintiff, to continue the lien, must, at the expiration of said twenty days, file a transcript of the judgment in the office of the County Auditor of any county where the real estate is situated, which lien shall continue for five years from the date of the judgment.

To make a judgment in Justices' Courts a lien on real estate, the plaintiff must file a transcript of such judgment in the office of the Clerk of the District Court, and file such transcript, certified by the Clerk, in the office of the County Auditor of the county where the real estate is situated.

CHAPTER IX.

EXECUTIONS, EXEMPTIONS, SALES AND REDEMP

mons.

TIONS.

The plaintiff may have execution on a judgment at any time within five years after its rendition; if the period of five years shall have elapsed without an execution having been issued, none shall issue unless the creditor or his assignee shall file a motion with the Clerk of the Court to issue an execution, verified in like manner as a complaint, and shall cause notice of such motion to be served on the judgment debtor in like manner and with like effect as a sumThe motion shall be tried as any other action. Upon hearing the motion, the Court may order that judgment be entered and docketed as other judgments. Executions require the Sheriff to exhaust the personal property of the defendant, not exempt from execution, before levying on real estate. They can be issued to any Sheriff in the Territory, when the defendant has property, by plaintiff, his agent or attorney, making an affidavit that the defendant has not sufficient property in the county where the execution is issued to satisfy the judgment, but that he has property subject to execution in such other county. Execution may be stayed by defendant on giving a bond to the opposite party in double the amount of the judgment and costs, with surety to the satisfaction of the Clerk, conditioned to pay said judgment, interest, costs and increased costs, at the expiration of the period of the stay, which is as follows: In the Supreme Court, on all sums under $500, thirty days; on all sums over $500 and under $1,500, sixty days; on all sums over $1,500, ninety days. In the District Court, on all sums under $300, two months; on all sums over $300 and under $1,000, five months; on all sums over $1,000, six months. In Justices' Courts, on any sum not exceeding $25, one month; more than $25, two months.

EXEMPTIONS.

All property, real and personal, belonging to a married woman at the time of her marriage, and all which she may subsequently acquire in

her own right, and all the personal earnings, and all the issues, rents and profits of such real estate shall not be liable to attachment or execution upon any liability or judgment against the husband, so long as she or any minor heir of her body shall be living. Every householder, being the head of a family, is entitled, as exempt from attachment and execution, to a homestead not exceeding in value the sum of one thousand dollars, while occupied as such by the owner thereof, or his or her family. The following property shall also be exempt from execution: All wearing apparel, private libraries, family pictures and keepsakes; to each householder one bed and bedding, and one additional bed and bedding for every two members of the family, and other household goods, utensils, and furniture not exceeding $150 coin in value; two cows and calves, five swine, two stands of bees, twenty-five domestic fowls, and provisions and fuel for the comfortable maintenance of such householder and family for six months. To a farmer, one span of horses and harness, or two yoke of oxen, with yokes and chains, and one wagon; also farming utensils, actually used about the farm, not exceeding in value $200 in coin. To a mechanic, the tools of his trade, also material not exceeding in value $500 coin. To a physician, his library not exceeding in value $500 coin; also one horse and buggy, the instruments used in his practice, and medicines not exceeding in value $200 coin. To attorneys, clergymen and other professional men, their libraries, not exceeding $500 coin value, and office furniture, fuel and stationery not exceeding $200 coin value. All firearms kept for the use of any person or family. To all persons, a canoe, skiff or small boat, with its oars, sails and rigging, not exceeding $50 coin. To a person engaged in lightering for his support, one or more lighters, barges, or scows, and a small boat with oars, sails and rigging, not exceeding in the aggregate $250 coin value. To a teamster or drayman, his team--the word team meaning a span of horses, harness, and one wagon or dray. To a person engaged in logging for the support of himself and family, three yoke of work cattle, with their yokes, and axes, chains, implements for the business and camp equipments, not exceeding $300 coin in value; a sufficient quantity of hay, grain or feed to keep the animals herein exempt for six months. No property shall be exempt from an execution issued on a judgment for the price or any part of the price thereof.

SALES.

Personal property is sold by the Sheriff upon ten days' notice of the time and place of such sale, posted in three public places of the county; real estate, by posting similar notices, particularly describing the property, for four weeks in three public places of the county where the property is to be sold, and publishing a copy thereof once a week, for the same period, in a newspaper of the county, if there be one, if not, then in a newspaper published nearest to the place of sale. All sales of property upon execution shall be by auction. Sales of personal property shall be in view of the property; and of real estate, at the Court-house door.

REDEMPTION.

Sales of real estate are confirmed at the next term of the District Court, and the defendant, or his successor in interest, or any person having a lien thereon, may redeem such real estate within six months after confirmation, by paying the amount, with two per cent. interest per month.