Page:1862-63 Territory of Dakota Session Laws.pdf/192

 Execution when and how renewed.

Sec. 88. If any execution be not satisfied, it may, at the request of the plaintiff, be removed from time to time, by the justice issuing the same, by an indorsement thereon to that effect, signed by him, and dated when the same shall be made; if any part of such execution has been satisfied, the indorsement of renewal shall express the sum due on the execution; every such indorsement shall renew the execution in full force, in all respects for thirty days, and no longer. An entry of such renewal shall be made in the docket of the justice.

Notice of sale how to be given and what to coutain.

Sec. 89. The officer after taking goods and chattels into his custody by virtue of an execution, shall, without delay, give public notice, by at least three advertisements, put up at three public places in the township or precinct where the property is to be sold, of the time and place when and where the samo shall be exposed for sale. Such notice shall desoribe the goods and chattels taken, and shall be put.up at least ten days before the day of sale.

Sale of goods and return of executive how made.

Sec. 90. At the time so appointed, the officer shall expose the goods and chattels to salo at public vendue to the highest bidder. The officer shall, in all cases, return the execution, and have the money before the justice at the time of making such return.

Officer not to buy goods sold by him.

Sec. 91. No officer shall, directly or indirectly, purchase any goods and chattels at any sale made by him upon execution; but every such sale shall be absolutely void.

Garnishees may be summoned when no property found.

Sec. 92. If there be no property found, or if the goods and chattels levied on are not sufficient to satisfy such execution, the officer shall, upon the demand of the plaintiff, summon in writing as garnishees, such persons as may be named to him by the plaintiff or his agent, to appear before the justice on the return day of the execution, to answer such interrogatories as may be put to them, touching their liabilities as garnishees; and like proceedings shall be had thereon before the justice to final judgment and execution, as in suits instituted by attachment in justices' court.

Officer holding execution to give receipt for money paid on same.

Sec. 93. The officer who shall hold an execution, shall receive all money tendered to him in payment thereof, and shall indorse the same on the execution, and give the person paying

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