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to the officer, though two or more be delivered on the same day, shall be first levied and satisfied out of the personal estate of the debtor; and where several are delivered to the officer at the same instant of time, they shall be satisfied ratably.

SEC. 14. All the real estate of a debtor, except as hereinafter provided, whether in possession, reversion, or remainder, held by title legal or equitable, including lands fraudulently conveyed with the intent to defeat, delay, or defraud creditors, and also all rights of entry into lands, and rights of redeeming mortgaged lands, may be taken in execution for his debts, as prescribed in this chapter.

SEC. 15. Where a judgment shall be recovered for a debt secured by a mortgage of real estate, or for any part of such debt, it shall not be lawful for the marshal to sell the equity of redemption of the mortgagor, his heirs, or assigns, in such estate, by virtue of any execution upon such judgment, except upon their written request. Nothing herein contained shall be construed to restrain such sale upon a judgment of foreclosure, in accordance with the provisions of chapter one hundred and one, Part III, of the Code.

SEC. 16. When any execution against the property of the defendant shall be issued upon such judgment, the plaintiff's attorney shall endorse thereon a brief description of the premises mortgaged, referring to the page and book of the record in which such mortgage is recorded, with a direction to the marshal not to levy such execution upon said premises, or any part thereof.

SEC. 17. If such execution shall not be collected of the other property of the defendant, the marshal shall return the same unsatisfied in whole or in part, as the case may require.

SEC. 18. All estates tail may be taken in execution, in the same manner as estates in fee-simple, for the debts of those who could lawfully bar the same; and any person purchasing such premises under execution shall have an estate in fee-simple therein.

SEC. 19. The lot and buildings thereon occupied as a residence, and owned by the debtor, being a housekeeper, and having a family, shall, to the value of seven hundred dollars, be exempt by law from sale under execution for debt. Such exemption shall continue after the death of such owner for the benefit of his widow and family, one or more of them continuing to occupy such homestead, until the youngest child attains twenty-one years of age, and until the death. of the widow.

SEC. 20. To entitle any property to such exemption, the conveyance of the same shall show that it is designed to be held as a homestead under the provisions of this chapter of the Code; or if such property be already purchased, or the conveyance does not show such design, a notice that the same is designed to be so held, shall be executed and acknowledged by the owner, which shall contain a full description of the property, and shall be recorded in the office of the recorder, in a book to be provided for that purpose, and known as the "Homestead Exemption Book." Such notice shall be indexed in the name of the party giving it; and shall be acknowledged before a justice of the peace or other officer authorized to take the acknowledgment of deeds.

SEC. 21. No release or waiver of such exemption shall be valid, unless the same shall be in writing, subscribed by such householder, and acknowledged in the same manner as conveyances of real estate are by law required to be.

SEC. 22. No such property, however, shall, by virtue of this chapter, be exempt from sale prior to the recording of the aforesaid deed or notice, or for a debt contracted for the purchase thereof, or for nonpayment of taxes or assessment.

SEC. 23. If in the opinion of the offieer holding an execution, the premises claimed to be exempt are worth more than seven hundred dollars, he shall summon six qualified jurors of the county of Washington, who shall, upon oath, to be administered by the said officer, appraise such premises. If, in the opinion of the jury, the property exceed in value the sum of seven hundred dollars, and the same can be divided without injury to the interest of the owner, they shall set off so much of said premises, including the dwelling-house, as, in their opinion, shall be worth seven hundred dollars, and the residue may be advertised and sold by the officer.

SEC. 24. In case the value of the premises shall, in the opinion of the jury, exceed seven hundred dollars, and the same cannot be divided as provided in the last section, they shall make and sign an appraisal thereof, and give it to the officer, who shall deliver a copy thereof to the execution debtor, or to some member of his family of a suitable age to understand the nature thereof, with a notice attached, that, unless such debtor shall pay to the officer the surplus over and above seven hundred dollars, within sixty days thereafter, such premises will be sold.

SEC. 25. In case such surplus shall not be paid within the time limited, it shall be lawful for the officer to advertise and sell said premises, and out of the proceeds of sale, to pay the execution debtor seven hundred dollars, which shall be exempt from execution for six months thereafter, and apply the balance towards satisfying the execution. But no sale shall be made unless more than seven hundred dollars be bid for the property.

SEC. 26. The cost and expenses of these proceedings shall be charged in the bill of costs in said execution.

SEC. 27. Land set apart, and a portion of which has been actually used, for a family or private burial ground, shall not be subject to levy and sale by execution or other legal process: provided, that this exemption shall not extend to more than one-quarter of an acre of land, or to any building or erection other than a vault, or other place of deposit for the dead.

SEC. 28. All chattels, real or personal, and all other personal property, may be taken and sold on execution, except as is otherwise provided in this chapter.

SEC. 29. When goods or chattels shall be pledged, assigned, or mortgaged, for the payment of money, or the performance of any contract or agreement, the right and interest therein of the person making such pledge, assignment, or mortgage, may be sold on execution against him, and the purchaser shall acquire all the right and interest of the defendant, and shall be entitled to the possession of such goods and chattels, on complying with the terms and conditions of the pledge.

SEC. 30. The following articles of personal property shall be exempt as herein provided from execution, to wit:

First. The necessary wearing apparel of the debtor and his family; one cow; one bedstead, bed, and the necessary bedclothes, for every two persons of the family; necessary cooking utensils; one table, six chairs, six knives and forks, six plates, six teacups and saucers, one sugardish, one milkpot, one teapot and six spoons; one pair of andirons, and a shovel and tongs, and one stove.

Secondly. All meat, fish, flour, and vegetables, provided for family use, not exceeding the necessary supply for thirty days, and fuel designed for family use to the value of five dollars.

Thirdly. The Bibles and school books, used in the family, and all family portraits or miniatures.

Fourthly. The tools and implements of the debtor necessary to the carrying on of his trade or business, not including machinery of any kind.

Fifthly. The uniform of an officer, non-commissioned officer, or private in the militia, and the arms and accoutrements required by law to be kept by him.

Sixth. No slave shall be taken in execution so long as there is other visible personal property of the defendant sufficient to satisfy the

same.

SEC. 31. Provided, however, that such exemption shall not extend to any execution issued on a demand for the purchase money of any article of personal property herein before mentioned.

SEC. 32. Unless otherwise specially provided, the reversal of any judgment by virtue of which any real estate has been sold or transferred or the title thereto affirmed, shall not avoid the sale, transfer, or title, if the person to be affected thereby shall be a purchaser in good faith, or claim under one, and not be a party to the record or attorney for either party.

SEC. 33. In every case of a sale, transfer, or confirmation of real estate upon execution or judgment, where the defendant cannot have restitution of his estate, he shall be entitled to recover of the judgment plaintiff such damages as he may have sustained.

SEC. 34. In every other case of a reversal of a judgment by virtue of which any real estate has been sold or transferred or the title confirmed, the judgment defendant shall have restitution thereof in the following manner:

SEC. 35. He may notify the purchaser, or his tenant, or other person in possession, that, at the next term, he will move the court which rendered the judgment to restore to him the possession of the premises.

SEC. 36. Upon proof that the notice has been served ten days, the court may proceed to hear and determine the issues made by the parties, and render judgment accordingly; or the judgment defendant may recover his real estate by the proper action.

SEC. 37. No judgment for the recovery thereof shall be rendered until the original judgment defendant shall bring into court, for the use of the proper party, any money he may have received from the officer under the execution.

TITLE VI.

CHAPTER 63.

GENERAL PROVISIONS RELATIVE TO ESCHEATS, WASTE, AND ALLOWANCES FOR RENTS, PROFITS, AND IMPROVEMENTS.

SECTION

1. Escheated real estate shall be subject to
trusts and charges.

2. Estates held in trust shall escheat, on
cestuy que trust dying without heirs.
3. Proceedings to subject escheated prop-
erty to trusts, &c.

4. Waste action; by whom maintain-
able.

5.

6. Joint tenant, or tenant in common, liable to his co-tenant for waste.

7. If waste wanton, double damages given. 8. Rents and profits, &c., may be recovered in the same action that recovers the possession of real estate.

9. May be assessed by the jury in same action.

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SECTION

20. Or may be assessed afterwards.

21. How assessed in case of postponement, &c.

22. May be assessed by arbitrators.

23. Allowances for improvements; how limited.

24. Allowance for improvements set off against rents and profits, &c.

25. When plaintiff may recover rents and profits for more than six years.

26. Balance due for improvements; how se

cured.

27. Plaintiff's right against others saved.
28. Value of the premises without improve-
ments may be determined.

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SECTION 1. Real estate shall escheat for want of heirs, as herein before provided; but the same, whether held by the United States or their grantees, shall be subject to such trusts, encumbrances, and charges, as it would have been subject to had it descended.

SEC. 2. Estates held in trust shall be liable to escheat, when the cestuy que trust dies without heirs, so far as it would if the person holding the equitable title had the legal.

SEC. 3. In all cases where real estate has escheated, any person

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