SEC. 211. Satisfaction of a judgment may be entered in the clerk's docket upon an execution returned satisfied, or upon an acknowledgment of satisfaction filed with the clerk, made in the manner of an acknowledgment of a conveyance of real property, by the judgment creditor; or within one year after the judgment, by the attorney, unless a revocation of his authority be previously filed. Whenever a judgment shall be satisfied in fact, otherwise than upon an execution, it shall be the duty of the party or attorney to give such acknowledgment; and, upen motion, the court may compel it, or may order the entry of satisfaction to be made without it.

TITLE VII.

OF THE EXECUTION OF JUDGMENT IN CIVIL ACTIONS.

CHAPTER I.

THE EXECUTION.

SEC. 212. The party in whose favor judgment is given, may, at any time within five years from the entry thereof, issue a writ of execution for its enforcement, as prescribed in this chapter of this

act.

SEC. 213. The writ of execution shall be issued in the name of the people of the United States of the territory of Idaho, sealed with the seal of the court, and subscribed by the clerk, and shall be directed to the sheriff, and shall intelligibly refer to the judgment, stating the court, the county where the judgment roll is filed, the names of the parties, the judgment, and, if it be for money, the amount thereof, and the amount actually due thereon, and shall require the sheriff substantially as follows: First. If it be against the property of the judgment debtor, it shall require the sheriff 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 the judgment was docketed; or, if the execution be issued to a county other than the one in which the judgment was recovered, on the day when the transcript of the docket was filed in the office of the recorder of such county, stating such day, or at any time thereafter. Second. If it be against real or personal property, in the hands of the personal representatives, heirs, devisees, legatees,

tenants of real property, or trustees, it shall require the sheriff to satisfy the judgment, with interest, out of such property. Third. If it be against the person of the judgment debtor, it shall require the sheriff to arrest such debtor, and commit him to the jail of the county until he pay the judgment, with interest, or be discharged according to law. Fourth. If it be for the delivery of the possession of real or personal property, it shall require the sheriff to deliver the possession of the same, particularly describing it, to the party entitled thereto, and may, at the same time, require the sheriff to satisfy any costs, damages, rents, or profits recovered by the same judgment, out of the personal property of the party against whom it was rendered, and the value of the property for which the judgment was recovered, to be specified therein, if a delivery thereof cannot be had; and if sufficient personal property cannot be found, then out of real property, as provided in the first subdivision of this section.

SEC. 214. When a writ of execution is issued on a judgment recovered against two or more persons, in an action upon a joint contract, in which action all the defendants were not served with summons, or did not appear, it shall direct the sheriff to satisfy the judgment out of the joint property of all the defendants, and the individual property only of the defendants who were served, or who appeared in the action. In other respects, the writ shall contain the directions specified in the first subdivision of the last section.

SEC. 215. The execution may be made returnable at any time, not less than five nor more than sixty days after its receipt by the sheriff, to the clerk with whom the judgment roll is filed.

SEC. 216. Where a judgment requires the payment of money, or the delivery of real or personal property, the same shall be enforced, in those respects, by execution. Where it requires the performance of any other act, a certified copy of the judgment may be served upon the party against whom it is given, or upon the person or officer who is required thereby, or by law, to obey the same, and his obedience thereto enforced.

SEC. 217. After the lapse of five years from the entry of judgment, an execution shall be issued only by leave of the court, on motion. Such leave shall not be given, unless it be established by the oath of the party, or other proof, that the judgment, or some part thereof, remains unsatisfied and due.

SEC. 218. Notwithstanding the death of a party after judg ment, execution thereon against his property may, upon permission granted by the probate court, be issued and executed, in the same manner, and with the same effect, as if he were still living.

SEC. 219. Where the execution is against the property of the judgment debtor, it may be issued to the sheriff of any county in the territory. Where it requires the delivery of real or personal

property, it shall be issued to the sheriff of the county where the property, or some part thereof, is situated. Executions may be issued, at the same time, to different counties.

SEC. 220. All goods, chattels, moneys, and other property, real and personal, of the judgment debtor, not exempt by law, and all property and rights of property seized and held under attachment in the action, shall be liable to execution. Until a levy, property shall not be affected by the execution. Shares and interests in any corporation or company, and debts and credits, and other property not capable of manual delivery, may be attached on execution in like manner as upon writs of attachment. Gold dust, and gold and silver bullion, shall be returned by the officer as so much money collected at its current value, without exposing the same to sale.

SEC. 221. All real and personal estate belonging to any married woman at the time of her marriage, and all which she may have acquired subsequently to such marriage, or to which she shall have after become entitled in her own right, and all her personal earnings, and all the issues, rents, and profits of such real estate, shall not be liable to attachment for or execution upon any liability or judgment against the husband, so long as she or any minor child of her body shall be living: provided, that her separate property shall be liable for debts owing by her at the time of her marriage.

SEC. 222. The following property shall be exempt from execution or attachment, except as is hereafter specially provided: First. A homestead, not exceeding three thousand dollars in value, to include the dwelling house and other buildings, and the land or lots upon which they stand. Second. All wearing apparel of every person and family. Third. All private libraries, musical instruments, family pictures, and keepsakes. Fourth. To each householder, two beds and bedding, and one additional bed and bedding for every two members of the family, and other household goods and utensils and furniture, not exceeding two hundred and fifty dollars in value. Fifth. To each householder, one horse, two cows, with the calves, ten swine, two stands of bees, one hundred domestic fowls, and provisions, and feed for the comfortable maintenance of such household and family for six months: provided, that in case such householder shall not possess or shall not desire to retain the animals named above, he may select from his stock and retain other animals, not to exceed three hundred dollars in value. Sixth. To a farmer, the tools, implements, and farming utensils actually used about the farm, two yoke of oxen, with yokes and chains, or one span of horses, with harness, and one wagon; and to any cartman or teamster, one span of horses or mules, or one yoke of oxen, with their harness, or yoke and chains, and one cart or wagon, with which such cartman or teamster habitually earns his livelihood.

Seventh. To a mechanic, the tools and instruments used to carry on the trade, occupation, or business in which he is engaged for his support, or the support of his family; also material, not exceeding in value two hundred dollars. Eighth. To physicians, their libraries and medicines, to the value of two hundred dollars. Ninth. To attorneys, clergymen, teachers, and other professional men, their libraries. Tenth. All property of the territory, or of any county, incorporated city, town, or village therein, or of any public or municipal corporation of like character. Eleventh. All fire-arms kept for the use of any person or family. Twelfth. To any person, a skiff or small boat, with its oars, sails, and rigging, not exceeding in value fifty dollars. Thirteenth. The tent and furniture, including a table, camp stools, bed and bedding, of a miner; his rocker, shovels, spades, picks, wheelbarrows, pumps, and other instruments used in mining, not to exceed in value two hundred dollars, with provisions necessary for his support for one month. Fourteenth. A sufficient quantity of hay, or grain, or feed, for keeping for three months, the animals mentioned in the several subdivisions of this section as exempted from execution and attachment. But no article of property mentioned in this section shall be exempt from an execution issued upon a mortgage thereon, or for any tax levied thereon: provided, that no mortgage made by a married man of any property exempt from execution and attachment by this act, shall be of any validity, unless the wife join in such mortgage, and the same be witnessed and acknowledged by her as is required in case of a deed conveying her interest in real estate.

SEC. 223. Any single man, or a married man, his wife joining him in the waiver, may waive the benefit, if they act by an agreement in writing, to be witnessed and acknowledged in the manner required in a deed conveying real estate.

SEC. 224. In all cases, the defendant himself may select the property which is exempt.

SEC. 225. When a sheriff or other officer has levied upon or attached, or is about to levy upon or attach personal property which is claimed to be by law exempt from execution or attachment, the sheriff or other officer shall, if required by the person claiming, forthwith summon three discreet and disinterested men, having the qualifications of jurors, and resident in the vicinity where the property is found, and administer to them an oath impartially to examine and determine how much, if any, of said property is so exempt. Such persons shall have full power to summon witnesses, administer the necessary oaths, and adjourn from time to time, not longer than three days in all. They shall also have power to appraise the property claimed, and the other property of the claimant, so far as may be necessary to determine what portion of it is exempt. They shall deliver their decision to the sheriff in writing, and he shall

forthwith deliver to the person claiming, such as is by them decided exempt from execution; but nothing in this section contained shall prevent the person claiming the property from giving a bond and trying his right before the district court, as is provided in cases for trying the right of property claimed by other persons than the judgment debtor.

SEC. 226. The sheriff shall execute the writ against the property of the judgment debtor by levying on a sufficient amount of property, if there be sufficient; collecting or selling the things in action, and selling the other property, and paying to the plaintiff or his attorney so much of the proceeds as will satisfy the judgment, or depositing the amount with the clerk of the court; any excess in the proceeds over the judgment and the sheriff's fees shall be returned to the judgment debtor. When there is more property of the judgment debtor than is sufficient to satisfy the judgment and the sheriff's fees, within the view of the sheriff, he shall levy only on such part of the property as the judgment debtor may indicate: provided, that the judgment debtor be present and indicate at the time of the levy such part: and provided, that the property indicated be amply sufficient to satisfy such judgment and fees.

SEC. 227. Before the sale of property on execution, notice thereof shall be given, as follows: First. In case of perishable property, by posting written notice of the time and place of sale in three public places of the township or city where the sale is to take place, for such a time as may be reasonable, considering the character and condition of the property. Second. In case of other personal property, by posting a similar notice in three public places of the township or city where the sale is to take place, not less than five nor more than ten days successively. In case of real property, by posting a similar notice, particularly describing the property, for twenty days successively, in three public places of the township or city where the property is situated, and also where the property is to be sold; and publishing a copy thereof once a week, for the same period, in a newspaper in the county, if there be one.

SEC. 228. An officer selling without the notice prescribed by the last section, shall forfeit five hundred dollars to the aggrieved party, in addition to his actual damages; and a person willfully taking down or defacing the notice posted, if done before the sale or satisfaction of the judgment, (if the judgment be satisfied before sale) shall forfeit five hundred dollars.

SEC. 229. All sales of property under execution shall be made at auction to the highest bidder, and shall be made between the hours of nine in the morning and five in the afternoon; after sufficient property has been sold to satisfy the execution, no more shall be sold. Neither the officer holding the execution nor his deputy shall become a purchaser at such sale. When the sale is