Page:1862 Territory of Dakota Session Laws.pdf/375

358 less otherwise directed by the party for whom the execution issued, commence an action on the undertaking for the stay of execution, and, so soon as judgment is obtained thereon, shall issue execution, and if such execution be returned unsatisfied in whole or in part, for want of goods and chattels, of the bail whereon to levy, then the plaintiff may demand and have execution on the original judgment, for the amount remaining due.

. 152. Where bail is given for the stay of execution, and the defendant against whom the judgment was rendered shall die before the same is satisfied, the creditor may proceed against the surety in the undertaking in like manner as if execution had been issued against the defendant, and return not satisfied for want of goods and chattels whereon to levy.

. 153. All property taken in execution under the provisions of this act, shall be advertised for sale, at four of the most public places within the precinct where such property was seized, at least ten days previous to the time appointed for such sale, which sale shall be held between the hours of ten o'clock,, and four o'clock, , at the house or on the premises where such property was taken, or at one of the most public places within the precinct.

. 154. It shall not be lawful for any justice of the peace who issued the execution, nor for the constable holding the execution, to purchase, either directly or indirectly, any property sold on such execution. And any justice or constable who shall offend against the provisions of this section, shall forfeit and pay, for every such offence, any sum not exceeding one hundred dollars nor less than five dollars, to be recovered by civil action in the name of the Territory of Dakota, before any court having jurisdiction thereof, for the use of common schools of the county where such offence was committed; and shall moreover be liable to the action of the party injured thereby.

. 155. When any cattle or other live-stock shall be taken in execution, it shall be the duty of the justice who issued the execution, or other justice charged with the duty of collecting the judgment, whereon such execution issued,