Page:1862 Territory of Dakota Session Laws.pdf/133

116 made under the same shall conform in all respects to the laws regulating sales of land upon execution.

. 409. The deed of a master commissioner shall contain the like recital, and shall be executed, acknowledged, and recorded, as the deed of a sheriff, of real property sold under execution.

. 410. In addition to the causes of action which survive at common law, causes of action for mesne profits, or for an injury to real or personal estate, or for any deceit or fraud, shall also survive, and the action may be brought notwithstanding the death of the person entitled or liable to the same.

. 411. No action pending in any court shall abate by the death of either or both the parties thereto, except an action for libel, slander, malicious prosecution, assault, or assault and battery, for a nuisance, or against a justice of the peace for misconduct in office, which shall abate by the death of the defendant.

. 412. Where there are several plaintiffs or defendants in an action, and one of them dies, or his powers as a personal representative cease, if the right of action survive to or against the remaining parties, the action may proceed; the death of the party, or the cessation of his powers, being stated on the record.

. 413. Where one of several plaintiffs or defendants dies, or his powers as a personal representative cease, if the