CHAPTER X.

PROCEEDINGS SUPPLEMENTARY TO EXECUTION.

The plaintiff in proceedings supplementary to execution may, upon a proper showing to the Court or Judge, have an order requiring defendant to appear and answer as to any property which he may have subject to execution, and which ought to be applied on the judgment; or if it appears there is danger of the defendant absconding, the order may require his arrest, and upon being brought before the Judge he may be ordered to enter into bond, with surety, that he will appear from time to time during such proceedings, and will not in the meantime dispose of any of his property subject to execution. Any person indebted to the defendant in a sum exceeding fifty dollars, may be required to appear and answer concerning the same.

CHAPTER XI.

SECURITY FOR COSTS.

When the plaintiff resides out of the district or county, or is a foreign corporation, security for costs may be required by the defendant; when required, all proceedings in the action shall be stayed until a bond, executed by two or more persons, be filed with the Clerk, conditioned that they will pay such costs and charges as may be awarded against plaintiff, not exceeding the sum of $200.

May be taken from the District Courts to the Supreme Court of the Territory within six months from the date of the order, judgment or decree appealed from, and not afterward. To stay proceedings in the Court below, the appellant or plaintiff in error must file a bond with sureties to the satisfaction of the Clerk. Appeals from the Probate Court to the District Court must be taken within sixty days from the rendition of the decision or judgment; and from Justices of the Peace to the District Court, within twenty days from the date of the judgment. The party appealing shall execute and file with the Justice a bond, with one or more sureties, in the sum of $100, to the effect that the appellant will pay all costs; or if a stay of proceedings be claimed, a bond, with two or more sureties, in a sum equal to twice the amount of the judgment.

CHAPTER XIII.

ESTATES OF DECEASED PERSONS.

Claims against decedents' estates must be filed within one year from the publication of notice to creditors. The Court may, however, in its discretion, order a shorter time in any particular case, but not less than six months from the date of notice. To entitle a claim to be filed, it must 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 offsets to the same to the knowledge of the claimant. The oath may be taken before any officer authorized to administer oaths; and in a neighboring State or Territory, the oath, if not administered by a Commissioner for the Territory, must be properly authenticated; the certificate stating that such person is authorized to administer oaths, and that his signature is genuine, with the seal of a Court of record to such certificate. The claim being thus proved, must be presented to the Administrator for his allowance; if he allow it, it is presented to the Probate Judge for his allowance, when, if allowed by him, the same is filed. If either the Administrator or Probate Judge reject it, the party has three months within which to bring suit on it. Estates must be settled within one year, unless further time be granted by the Court.

Husband or wife can only dispose of, by will, their separate property. On the death of either, the whole of the community property, subject to the community debt, goes to the survivor.

CHAPTER XIV.

HOMESTEADS.

See Exemptions. A homestead may consist of a house and lot, or lots, in any city, or of a farm of any number of acres, so that their value does not exceed $1,000. To entitle a person to a homestead, he or she shall cause the word "homestead" to be entered of record in the margin of his or her recorded title to the same, and the date of such entry.

CHAPTER XV.

DEPOSITIONS

Of witnesses residing in the Territory may be taken, when the witness resides out of the sub-district, and more than twenty miles from the place of trial; or when the witness is about to leave the district, and go more than twenty miles from the place of trial, and there is a probability that he will continue absent when the testimony is required; or when he is sick, infirm, or aged, so as to make it probable he will not be able to attend the trial before any Judge of the District Court, Justice of the Peace, Clerk of the Supreme or District Courts, Mayor of a city or Notary Public, upon serving on the adverse party, or his attorney, three days' notice of the time and place of examination, and one day (Sundays excepted), for every ten miles of the distance of the place of examination from the residence of the person to whom notice is given. The deposition shall be written by the officer taking the same, or by the witness, or by

some disinterested person in the presence and under the direction of such officer. When completed it shall be carefully read to or by the witness, corrected if desired, subscribed by him, and certified by the officer substantially as follows:

I, A B, Justice of the Peace, in and for said county, (or Judge's Clerk, etc., as the case may be,) do hereby certify, that the above deposition was taken before me and reduced to writing by myself (or witness, as the case may be,) at in said county, on the

day of 18- at o'clock, in pursuance of notice hereto an

nexed; that the above-named witness before examination, was sworn (or affirmed) to testify the truth, the whole truth, and nothing but the truth, and that the said deposition was carefully read to (or by) said witness, and then subscribed by him.

the day of

A B, JUSTICE OF THE PEACE.

18

Dated at The deposition shall be inclosed in a sealed envelope by the officer taking the same, and directed to the Clerk of the Court, arbitrators, referee or Justice, of the Peace before whom the action is pending, and either delivered to the Clerk of the Court or other person, or transmitted through the mails, or by some private opportunity.

Depositions may be taken out of the Territory, by a Judge, Justice or Chancellor, or Clerk of any Court of record, a Justice of the Peace, Notary Public, Mayor or chief Magistrate of any city or town, or any person authorized by special commission from any Court of the Territory; any Court of record, or the Judge thereof, is authorized to grant a commission to take depositions in or out of the Territory; prior to the taking of any deposition, unless taken under a special commission, a written or printed notice specifying the action or proceeding, the name of the Court or tribunal in which it is to be used, and the time and place of taking the same shall be served on the adverse party, his agent, or attorney of record, or left at his usual place of abode; said notice shall be served so as to allow the adverse party sufficient time by the usual route of travel to attend, and one day for preparation, exclusive of Sunday and the day of service, and the examination may, if so stated in the