Page:1862 Territory of Dakota Session Laws.pdf/376

CHAP. XLIX.] to allow the constable for keeping the same, a reasonable compensation, to be taxed and collected as other costs in the suit.

. 156. When a constable shall levy on and sell any goods and chattels, he shall make out and annex to his return to the execution, in virtue of which such sale was made, a true inventory of all such property, and of each article thereof, and the price at which the same was sold.

. 157. Where a constable shall have levied on any goods and chattels, which remain unsold for want of bidders, or other just cause, it shall be his duty to return with the execution, a schedule of all such goods and chattels. And the justice shall, unless otherwise directed by the party for whom such execution issued, or his agent immediately thereafter, issue an order, thereby commanding any constable to whom the same may be directed or delivered, to expose such property for sale; which sale, and the proceedings thereon, shall be the same as if such property had been sold on the original execution.

. 158. Any constable having levied on goods and chattels, of which he permits the party against whom the execution issued to retain the possession, is hereby authorized to take such security for his own indemnity as he may require, that such property shall be delivered at the time and place appointed for the sale thereof.

. 159. In all cases where any lands may have been let, reserving rent in kind, and when the crops or emblements growing or grown thereon, shall be levied on or attached, by virtue of any execution, attachment, or other process, against the landlord or tenant, the interest of such landlord or tenant, against whom said process did issue, shall not be affected thereby.

. 160. In cases where the constable shall make it appear to the satisfaction of the justice that he has been deprived of an opportunity of levying an execution within the time prescribed by this act, or otherwise prevented from making the whole of the money therein required to be made, and shall make return to the justice who issued the same to that effect, such justice is hereby authorized and required to issue further process of execution, for the amount of balance