belonging and appertaining, owned or held by any town or in corporated city, or dedicated, by such town or city, to health ornament, or public use. SEC. 225. If the property levied on be claimed by a thir person as his property, the Sheriff shall summon from hi county six persons, qualified as jurors, between the parties, t try the validity of the claim. He shall also give notice of th claim, and of the time of trial, to the plaintiff, who may appea and contest the claim before the jury. The jury and the wit nesses shall be sworn by the Sheriff, and if their verdict be in favor of the claimant, the Sheriff may relinquish the levy unless the judgment creditor give him a sufficient indemnity for proceeding thereon. The fees of the jury, the Sheriff and the witnesses, shall be paid by the claimant, if the verdict be against him; otherwise by the plaintiff. On the trial the defendant and the claimant may be examined by the plaintiff as witnesses. SEC. 227. Before the sale of property on execution, notice thereof shall be given as follows: First-In case of perishable property, by posting written notice of the time and place of sale, in three public places of the township or city where the sale is to take place, for such time as may be reasonable, considering the character and condition of the property. Second-In case of other personal property, by posting a similar notice in three public places in the township, or city, where the sale is to take place, not less than five nor more than ten days successively. Third-In case of real property, by posting a similar notice, particularly describing the property, for twenty days succes sively, in three public places of the township or city, where the property is situated, and also when the property is to be sold, and publishing a copy thereof, once a week, for the same period, in some newspaper published in the county, if there be one. Fourth-When the judgment under which the property is to be sold, is made payable in a specified kind of money or currency, the several notices required by this section, shall state the kind of money or currency in which bids may be made at such sale, which shall be the same as that specified in the judgment. SEC. 235. Upon a sale of real property, the purchaser shall be substituted to, and acquire all the right, title, interest, and claim, of the judgment debtor thereto; and when the estate is less than a leasehold of two years unexpired term, the sale shall be absolute. In all other cases, the property shall be subject to redemption, as provided in this chapter. The officer shall give to the purchaser a certificate of sale containing: First A particular description of the real property sold. Second-The price bid for each distinct lot or parcel. Third-The whole price paid. Fourth-When subject to redemption it shall be so stated. And when the judgment under which the sale has been made is made payable in a specified kind of money or currency, the certificate shall also state the kind of money or currency in which such redemption may be made, and which shall be the same as that specified in the judgment. A duplicate of such certificate shall be filed by the officer in the office of the Recorder of the county. SEC. 239. The payments mentioned in the last two sections may be made to the purchaser or redemptioner, as the case may be, or for him, to the officer who made the sale. When the judgment, under which the sale has been made, is payable in a specified kind of money or currency, said payments shall be made in the same kind of money or currency, and a tender of the money shall be equivalent to payment. SEC. 242. The purchaser, from the time of the sale until a redemption, and a redemptioner, from the time of his redemption until another redemption, shall be entitled to receive from the tenant in possession the rents of the property sold, or the value of the use and occupation thereof. SEC. 244, is hereby repealed. SEC. 248. When an execution against property of the judg ment debtor, or of any of several debtors in the same judg ment, issued to the Sheriff of the county where he resides,or if he does not reside in this Territory, to the Sheriff of the county where the judgment roll is filed,-is returned unsatisfied in whole or in part, the judgment creditor, at any time after such return is made, shall be entitled to an order from the Judge of the Court, or Probate Judge, requiring such judg ment debtor to appear and answer concerning his property, before such Judge, or a referee appointed by him, at a time and place specified in the order; but no judgment debtor shall be required to attend before a Judge, or referee, out of the county in which he resides, when proceedings are taken under the provisions of this chapter. SEC. 249. After the issuing an execution against property, and upon proof by affidavit of a party, or otherwise, to the satisfaction of the Court, or of a Judge thereof, or a Probate Judge, that any judgment debtor has property which he unjustly refuses to apply toward the satisfaction of the judgment, such Court or Judge may, by an order, require the judgment debtor to appear at a specified time and place before such Judge, or a referee appointed by him, to answer concerning the same; and such proceedings may thereupon be had for the application of the property of the judgment debtor toward the satisfaction of the judgment, as are provided upon the return of an execution. Instead of the order requiring the attendance of the judgment debtor, the Judge may, upon affidavit of the judgment creditor, his agent or attorney, if it appear to him that there is danger of the debtor absconding, order the Sheriff to arrest the debtor and bring him before such Judge. Upon being brought before the Judge, he may be ordered to enter into an undertaking, with sufficient surety, that he will attend from time to time, before the Judge, or referee, as shall be directed, during the pendency of proceedings, and until the final determination thereof, and will not in the meantime dispose of any portion of his property, not exempt from execution. In default of entering into such undertaking, he may be committed to prison. SEC. 256. There shall be but one action for the recovery of any debt, or the enforcement of any right secured by mortgage, or lien, upon real estate or personal property, which action shall be in accordance with the provisions of this chapter. In such action, the Court shall have power, by its decree or judgment, to direct a sale of the incumbered property, or such part thereof as shall be necessary; and the application of the proceeds of the sale to the payment of the costs, and expenses of the sale, the costs of the suit, and the amount due the plaintiff. If it shall appear from the Sheriff's return that there is a deficiency of such proceeds, and a balance still due to the plaintiff, the judgment shall then be docketed for such balance against the defendant, or defendants, personally liable for the debt, and shall, from the time of such docketing, be a lien upon the real estate of the judgment debtor, and an execution may thereupon be issued by the Clerk of the Court in like manner and form, as upon other judgments, to collect such balance or deficiency from the property of the judgment debtor. SEC. 266. In an action for the recovery of real property, where the plaintiff shows a right to recover at the time the action was commenced, but it appears that his right has terminated during the pendency of the action, the verdict and judg ment shall be according to the fact, and the plaintiff may recover damages for withholding the property. SEC. 286. When the party who has a right to appeal, wishes a statement of the case to be annexed to the record of the judgment, or order, he shall, within twenty days after the entry of such judment, or order, prepare such statement, which shall state specifically the particular errors or ground upon which he intends to rely on the appeal, and shall contain so much of the evidence as may be necessary to explain the particular errors or grounds specified, and no more, and shall serve a copy thereof upon the adverse party. The respondent may, within five days thereafter, prepare amendments to the statement, and serve a copy on the appellant. The statement and amendments, which may be served, shall be presented to the Judge who tried or heard the case, upon notice of two days to the respondent, and a true statement shall thereupon be settled by such Judge. If no amendments are served, the statements may be presented to the Judge for settlement, without any notice to the respondent. SEC. 287. If the party shall omit to make a statement, within the time above limited, he shall be deemed to have waived his right thereto, and when a statement is made, and the parties shall omit, within the several times above limited, the one party to propose amendments, the other to notify an appearance before the Judge, they shall respectively be deemed the former to have agreed to the statement as prepared, and the latter to have agreed to the amendments as proposed; but the Judge who heard the cause, shall, notwithstanding such omission or implied agreement, have power to correct any misstatement of facts, or of his rulings, which such statement may contain. SEC. 297. If the appeal be from a judgment or order directing the payment of money, it shall not stay the execution. of the judgment or order, unless a written undertaking be executed, on the part of the appellant, by two or more sureties, stating their places of residence and occupation, to the effect that they are bound in double the sum named in the judgment or order; that if the judgment or order appealed from, or any part thereof, be affirmed, the appellant shall pay the amount directed to be paid by the judgment or order, or the part of such amount as to which the judgment or order shall be af firmed, if affirmed only in part, and all damages and costs which shall be awarded against the appellant upon the appeal, when the judgment or order appealed from is made payable in a specified kind of money or currency. The undertaking required by this section shall be drawn and made payable in the same kind of money or currency specified in such judgment. SEC. 350. All persons, without exception, otherwise than as specified in this chapter, may be witnesses in any action or proceeding. Facts which have heretofore caused the exclusion of testimony, may still be shown, for the purpose of affecting its credibility. No person shall be disqualified as a witness in any action or proceeding on account of his opinions on matters of religious belief, or by reason of his interest in the event of the action or proceeding as a party thereto or otherwise; but the party or parties thereto, and the person in whose behalf such action or proceeding may be brought or defended, shall, except as hereinafter excepted, be competent and compellable to give evidence, either viva voce, or by deposition, or upon a commission, in the same manner and subject to the same rules of examination as any other witness, on behalf of himself or either or any of the parties to the action or proceeding. SEC. 351. No person shall be allowed to testify, under the provisions of section three hundred and fifty, where the adverse party, or the party for whose immediate benefit the action or proceeding is prosecuted or defended, is the representative of a deceased person, when the facts to be proved, transpire before the death of such deceased person; and nothing contained in said section shall affect the laws in relation to the attestation of any instrument required to be attested, nor shall anything contained in said section render any person who, in a criminal proceeding, is charged with the commission of any public offense, competent or compellable to give evidence therein for or against himself. SEC. 353. A husband may be a witness for or against his wife, and a wife may be a witness for or against her husband, and where husband and wife are parties to an action or proceeding, they, or either of them, may be examined as witnesses in their own behalf, or in behalf of each other, or in behalf of any parties thereto, the same as any other witness; but this section shall not apply to cases of divorce, neither shall any husband or wife be competent or compellable to disclose any communication made to him or her, by the other, during marriage. SEC. 359. When a witness does not understand and speak the English language, an interpreter shall be sworn to interpret for him. Any person, a resident of the proper county, may be summoned by any Court or Judge to appear before such Court or Judge to act as interpreter in any action or proceeding. The summons shall be served and returned in like manner as a subpoena. Any person so summoned, shall, for a failure to attend at the time and place named in the summons, be deemed guilty of a contempt, and may be punished accordingly. |