Page:United States Statutes at Large Volume 31.djvu/1411

 FIFTY-SIXTH CONGRESS. SEss. II. Ch. 854. 1901. 1359 SEo. 1077. SCIRE moms.—lf said writ shall not be issued within the SCM ***°“”*· time allowed therefor, as aforesaid, it shall not be issued until a scire facias has been issued upon said judgment and_ a fiat has been rendered thereupon. Said Hat shall be deemed a renewal of the judgment, and the same rule shall apply thereto in relation to the issuing of execution thereon as to the original judgment. SEo. 1078. FIAT.—·At any time during the life of the original judg- Fmment the plaintiff may elect, instead of issuing execution thereon within the time allowed therefor, to issue a scire facias on the same and obtain a new judgment as aforesaid. SEo. 1079. LIEN OF EXECUTION.—A writ of fieri facias issued upon LM °‘ °X°°““°"· a judgment of the supreme court of the District shall be a lien from the time of its delivery to the marshal upon all the goods and chattels of the judgment defendant, except such as may be exempted from levy and sale by ex ress provision of law. - SEo. 1080. BEATH or DEEToR.——The death of the judgment debtor Dmh °“‘€"“"· after the execution has been delivered to the marshal shall not affect his authority to proceed against the property bound by it. SEo. 1081. JUDGMENT or JUSTICE OF THE rEAoE.-——An execution ofJt‘{gg¤ggg; =>fi¤S°i°•= issued on a judgment of a jxustice of the peace shall not be a lien on P ` the personal property of the jud ment defendant except from the time when it is actually levied, and then it shall have priority over any execution issued out of said supreme court after said levy. It shall not be levied on real estate._ _ ‘ Sec. 1082. ON WHAT Emnr moms MAY BE LEV1E1>.—The writ of m§’,§‘,§}’,’j§f§§‘ ‘“°’*“ fieri facias may be levied on all goods and chattels of the debtor not exempt as aforesaid, and upon gold and silver coin, bank notes or other money, bills, checks, promissory notes or bonds, or certihcatés of stock in corporations owned by said debtor, and upon money owned by him in the hands of the marshal or of a constable charged with the execution of such writ, and such tieri facias issued from said su reme court énay be levied on all leasehold and freehold estates of the debtor in lan. SEo. 1083. LEVY ON MoNEY.-—-If the fieri facias is levied on money LEVY °’-* m°“€>'· belonging to the judgment defendant the marshal shall not expose the same to sale, but shall account for it as mone collected,. but bills or other evidences of debt levied upon shall be soldy as other personal property is sold, and the marshal is hereby authorized and empowered to indorse the same to pass title to the purchaser. SEo. 1084. LEVY ON GHATTELS PLEDGED.-··r.[`l1B interest of the debtor p1{;§;g’d_°“ °h”'**1° in personal chattels lawfully] pledged for the payment of a debt or performance of a contract, or e d by a trustee and in which the debtor’s interest is only equitable, may be levied upon in the hands of the · pledgee or trustee without disturbing the possession of the latter, and the lien thus obtained may be enforced by proceedings in equity. _ SEo. 1085. APPRAISEMENT.—Allproperty1evied upon, exceptmoney, APP’°iS°m€¤*· shall be appraised by two sworn appraisers and sol at public auction for cash; personal property after ten days’ notice by advertisement, and leasehold and freehold estate in land after a twenty days’ previous notice by advertisement, containing a description sufficiently definite to be embodied in a conveyance of the title. Sec. 1086. ATTACHMENT,.-WHEN 1ssUED.—An attachment may be i,S{·,§,*§f’hm€“*» “`h°° issued upon a judgment either before or after or at the same time with _ a tieri facias: Provided, That if costs· are unnecessarily multiplied __§,',§{’§‘“"‘ thereby they shall be charged to-the party causing the same to be issued. . Sec. 1087 .- Scum moms UNNECESSARY.-—Th€ said attachment may gg? *“°i“ “““°°‘ be issued at any time during the life of the judgment, without issuing a scire facias previously thereto.