ers. If he fails

SECT. 462. Each freeholder summoned to appraise real Fees of appraisestate under the provisions of this chapter, shall be allowed to attend. and receive for his services the sum of fifty cents for each day he may be so engaged as such appraiser, to be collected on the execution, by virtue of which the property appraised was levied on, if claimed at the time of making the return of such appraisement. And when any freeholder, summoned as aforesaid, shall fail to appear at the time and place appointed by the officer, and discharge his duty as appraiser, he shall, on complaint being made to any justice of the peace of the precinct in which such freeholder resides, forfeit and pay the sum of fifty cents for every such neglect, unless he can render a reasonable excuse. Such sum shall be collected by said justice, and paid into the county treasury for the use of the county.

If a sheriff or other officer shall

to execute papers

directed to him, subjected to

&c., he shall be

certain penalty.

SECT. 463. If any sheriff or other officer shall refuse or neglect to execute any writ of execution to him directed, refuse or neglect which has come to his hands; or shall neglect or refuse to sell any goods and chattels, lands and tenements, or shall neglect to call an inquest, and return a copy thereof forthwith to the clerk's office; or shall neglect to return any writ of execution to the proper court, on or before the return day thereof; or shall neglect to return a just and perfect inventory of all and singular the goods and chattels by him taken in execution, unless the said sheriff or other officer shall return that he has levied and made the amount of the debt, damages, and costs; or shall refuse or neglect on demand to pay over to the plaintiff, his agent or attorney of record, all moneys by him collected or received, for the use of said party, at any time after collecting or receiving the same, except as provided in section four hundred and forty-nine; or shall neglect or refuse, on demand made by the defendant, his agent or attorney of record, to pay over all moneys by him received for any sale made, beyond what is sufficient to satisfy the writ or writs of execution, with interest and legal costs, such sheriff or other officer shall, on motion in court and two days' notice thereof in writing, be amerced in the amount of said debt, damages, and costs, with ten per centum thereon, to and for the use of said plaintiff or defendant, as the case may SECT. 464. If any clerk of a court shall neglect or refuse, If clerk shall on demand made by the person entitled thereto, his agent or

be.

fail in his duty.

When the

cause is for refus

money.

attorney of record, to pay over all money by him received, in his official capacity, for the use of such person, every such clerk may be amerced; and the proceedings against him and his sureties shall be the same as provided for in the foregoing section against sheriffs and their sureties.

SECT. 465. When the cause of amercement is for refusing ing to pay over to pay over money collected as aforesaid, the said sheriff or other officer shall not be amerced in a greater sum than the amount so withheld, with ten per centum thereon.

When directed to officer of an

may return same by mail.

SECT. 466. When execution shall be issued in any county other county he in this territory, and directed to the sheriff or coroner of another county, it shall be lawful for such sheriff or coroner having the execution, after having discharged all the duties required of him by law, to inclose such execution, by mail, to the clerk of the court who issued the same. On proof being made by such sheriff or coroner, that the execution was mailed soon enough to have reached the office where it was issued, within the time prescribed by law, the sheriff or coroner shall not be liable for any amercement or penalty, if it do not reach the office in due time.

Shall not forward money un

80.

In case of amercement of officers of an

other county.

SECT. 467. No sheriff shall forward, by mail, any money less directed to do made on any such execution, unless he shall be specially instructed to do it by the plaintiff, his agent or attorney of record. In all cases of a motion to amerce a sheriff or other officer of any county other than the one from which the execution issued, notice in writing shall be given to such officer, as hereinbefore required, by leaving it with him, or at his office, at least fifteen days before the first day of the term at which such motion shall be made, or by transmitting the notice by mail, at least sixty days prior to the first day of the term at which such motion shall be made. All amercements so procured shall be entered on the record of the court, and shall have the same force and effect as a judgment.

Sureties of officer to be made

parties to execu

tion. Their

goods and chat

tels, &c., not liable, until when.

SECT. 468. Each and every surety of any sheriff or other officer may be made a party to the judgment rendered as aforesaid, against the sheriff or other officer, by action, to be commenced and prosecuted as in other cases. But the. goods and chattels, lands and tenements of any such surety, shall not be liable to be taken on execution, when sufficient goods and chattels, lands and tenements of the sheriff or other officer, against whom execution may be issued, can be found

to satisfy the same. Nothing herein contained shall prevent either party from proceeding against such sheriff or other officer, by attachment, at his election.

SECT. 469. In cases where a sheriff or other officer may be amerced, and shall not have collected the amount of the original judgment, he shall be permitted to sue out an execution, and collect the amount of said judgment in the name of the original plaintiff, for his own use.

CHAPTER II. PROCEEDINGS IN AID OF EXECUTION.

SECT. 470. When a judgment debtor has not personal or real property subject to levy on execution, sufficient to satisfy the judgment, any interest which he may have in any banking, turnpike, bridge, or other joint-stock company, or any interest he may have in any money contracts, claims, or choses in action, due or to become due to him,,or in any judgment or decree; or any money, goods, or effects which he may have in possession of any person, body politic or corporate, shall be subject to the payment of such judgment, by proceedings in equity, or as in this chapter prescribed.

SECT. 471. When an execution against the property of a judgment debtor, or one of several debtors in the same judgment, is issued to the sheriff of a county where he resides, or if he do not reside in the territory, to the sheriff of the county where the judgment was rendered, or a transcript of a justice's judgment has been filed, is returned unsatisfied, in whole or in part, the judgment creditor is entitled to an order from a judge of the district court of the county to which the execution was issued, requiring such debtor to appear and answer concerning his property, before such judge, or a referee appointed by such judge, at a time and place specified in such order, within the county to which the execution was issued.

SECT. 472. After the issuing of an execution against property, and upon proof by affidavit of the judgment creditor or otherwise, to the satisfaction of the district court, or a judge thereof, that the judgment debtor has property which he unjustly refuses to apply towards the judgment, such court or judge may, by judgment debtor to appear at a time county, to answer concerning the same.

satisfaction of the

order, require the and place in said And such proceed

No person excused from testi

of fraud, &c.

ings may thereupon be had for the application of the property of the judgment debtor towards the satisfaction of the judgment as are prescribed in this chapter.

SECT. 473.

SECT. 474. No person shall, on examination pursuant to fying, on ground this chapter, be excused from answering any question on the ground that his examination will tend to convict him of a fraud, but his answer shall not be used as evidence against him in a criminal prosecution for such fraud.

How execution may be satisfied.

When persons

or corporations

upon to testify as

to property in their hands.

SECT. 475. After the issuing of execution against property, any person indebted to the judgment debtor, may pay to the sheriff the amount of his debt, or so much thereof as may be necessary to satisfy the execution, and the sheriff's receipt shall be a sufficient discharge for the amount so paid, or directed to be credited by the judgment creditor on the execution.

SECT. 476. After the issuing or return of an execution may be called against property of the judgment debtor, or of any one of several debtors in the same judgment, and upon proof, by affidavit or otherwise, to the satisfaction of the judge, that any person or corporation has property of such judgment debtor, or is indebted to him, the judge may, by an order, require such person or corporation, or any officer or member thereof, to appear at a specified time and place within the county in which such person or corporation may be served with the order to answer, and answer concerning the same. The judge may, also, in his discretion, require notice of such proceeding to be given to any party in the action, in such manner as may seem to him proper.

Witnesses may be required by

SECT. 477. Witnesses may be required, upon the order of order of judge or the judge, or by a subpœna issued by the clerk of the dissubpoena. trict court, to appear and testify upon any proceedings in

Shall attend before whom.

this chapter, in the same manner as upon the trial of an issue.

SECT. 478. The party or witness may be required to attend before the judge, or before a referee appointed by the court or judge. If before a referee, the examination must be taken by the referee and certified by the judge. All examinations and answers before a judge or referee, under this chapter, must be on oath; but when a corporation answers, the answer must be on the oath of an officer thereof.

What may be

applied in satis

ment.

SECT. 479. The judge may order any property of the judgment debtor, not exempt by law, in the hands of either faction of judg himself or any other person or corporation, or due to the judgment debtor, to be applied towards the satisfaction of the judgment; but the earnings of the debtor for his personal services, at any time within three months next preceding the order, cannot be so applied, where it is made to appear, by the debtor's affidavit or otherwise, that such earnings are necessary for the use of a family supported wholly or partly by his labor.

appoint receiver.

SECT. 480. The judge may also, by order, appoint the Judge may sheriff of the proper county, or other suitable person, a receiver of the property of the judgment debtor, in the same manner and with the like authority as if the appointment was made by the court. The judge may also, by order, forbid a transfer or other disposition of the property of the judgment debtor, not exempt by law, and any interference therewith.

pointed receiver.

SECT. 481. If the sheriff shall be appointed receiver, heIf sheriff is apand his sureties shall be liable to his official bond for the faithful discharge of his duties as such receiver. If any other person shall be appointed receiver, he shall give a written undertaking in such sum as shall be prescribed by the judge, with one or more sureties, to the effect that he will faithfully discharge his duties of receiver, and he shall also take an oath to the same effect, before acting as such receiver. The undertaking mentioned in this section shall be to the Territory of Dakota, and actions may be prosecuted for a breach thereof, by any person interested, in the same manner as upon a sheriff's official bond.

may be con

SECT. 482. The judge or referee, acting under the provis- Proceedings ions of this chapter, shall have power to continue his pro- tinued. ceedings from time to time until they are completed.

SECT. 483. The judge may, in his discretion, order a erence to a referee agreed upon or appointed by him, to port the evidence of the facts.

SECT. 484. If any person, party, or witness, disobey an order of the judge or referee, duly served, such person, party, or witness may be punished by the judge as for contempt. SECT. 485. The orders to judgment debtors and witnesses, provided for in this chapter, shall be in writing and signed by

If orders of judge or referee are disobeyed.

Orders to be in writing and d signed. To be