Page:1862 Territory of Dakota Session Laws.pdf/374

CHAP. XLIX.] execution shall be recalled, and stayed until the expiration of the original stay.

. 144. The execution must be directed to a constable of the county, and subscribed by the justice by whom the judgment was rendered, or by his successor in office, and must bear date the day of its delivery to the officer to be executed. It must intelligibly refer to the judgment, by stating the names of the parties, and the name of the justice before whom, and of the county where, and the time when it was rendered, the amount of the judgment, and, if less than the whole is due, the true amount due thereon. It must require the constable substantially as follows: 1. It must direct the officer to collect the amount of the judgment out of the personal property of the debtor, and pay the same to the party entitled thereto. 2. If it be a case where any of the judgment debtors are certified on the docket as surety, it shall command that the money be made of the personal property of the principal debtor, and for want thereof, of the personal property of the surety. In such cases the personal property of the principal subject to execution within the jurisdiction, shall be exhausted, before any property of the bail shall be taken in execution. 3. It must in all cases direct the officer to make return of the execution and the certificate thereon, showing the manner in which he has executed the same, in thirty days from the time of his receipt thereof.

. 145. Upon an execution on a judgment against joint debtors, upon one or more of whom the summons was not served, the execution shall contain a direction to collect the amount of the joint property of all the defendants, or the separate property of the persons upon whom the summons was served, to be specified by name.

. 146. • • • . 147. • • • . 148. • • • . 149. • • •

. 150. A constable is liable to the party in whose favor an execution issued to him for the amount thereof, in the following case: when he suffers thirty days to elapse without making a true return thereof to the justice, and paying to him, or to the party entitled, the money collected thereon by him.

. 151. When an execution shall be returned unsatisfied for the want of goods and chattels, the justice shall, unsatisfied.