except personal property and property exempt from execution in such county, in the same manner and to the same extent as if such judgment had been originally rendered in a court of record. Said lien shall continue for two years, unless the judgment be previously satisfied. TITLE VII. OF THE EXECUTION OF THE JUDGMENT IN CIVIL ACTIONS. CHAPTER I. THE EXECUTION. Sec. 250. Within what time an execution may issue. Sec. 251. Who may issue; its form; to whom directed; what it shall require. Sec. 252. When all the defendants were not served with summons -what to direct. Sec. 253. When made returnable. Sec. 254. Money judgments and others-how enforced. forced. Sec. 256. When execution against the property of a party after Sec. 258. death. Sec. 257. Execution may issue to the sheriff of any county when against the property of defendant, otherwise when it requires the delivery of real and personal property. What shall be liable to be seized on execution. When property is claimed by a third party. What property shall be exempt from execution. Sec. 261. Homestead exempt. Sec. 259. Sec. 260. Sec. 262. Such exemptions not to affect laborers' and other liens. Sec. 263. Householder may notify officer making levy what he regards as his homestead. Sec. 264. What to be done if plaintiff is dissatisfied with homestead selected. Sec. 265. Exemption of household held by lease, and otherwise. Sec. 266. Real estate exempt from forced sale. Sec. 267. Homestead-how affected by removal or sale. Sec. 268. Homestead descends to widow on death of the owner. Sec. 269. Homestead right; apply only to married men and heads of families. Sec. 270. Writ-how executed. Sec. 271. Notice of sale under execution-how given. Sec. 272. Selling without notice-what penalty attached. Sec. 273. Sales-how conducted; neither the officer conducting nor his deputy to be a purchaser; real and personal property-how sold; judgment debtor, if present, may direct order of sale, and the officer shall follow his directions. Sec. 274. If purchaser refuse to pay purchase-money, what proceedings. Sec. 275. Court of justice may proceed in a summary manner against a purchaser refusing to pay; officer may refuse such purchaser's bid after. Sec. 276. These two sections not to make officer liable beyond a certain amount. Sec. 277. Personal property capable of manual delivery—how delivered to purchaser. Sec. 278. Sec. 279. Sec. 280. Sec. 283. Sec. 284. Sec. 285. Personal property not capable of manual delivery— how sold and delivered. Real property, when absolute sale, or not in the latter Real property so sold-by whom it may be redeemed. What must a redemptioner do in order to redeem. Sec. 286. If purchaser of real property be evicted through irregularities in the sale, what shall he recover, and from whom. When judgment to be revived. Petition for the purpose-how and by whom made. Section 250. The party in whose favor judgment is given may, at any time within five years after the entry thereof, issue a writ of execution for its enforcement, as prescribed in this chapter. Sec. 251. The writ of execution shall be issued in the name of the people of the territory of Montana, sealed with the seal of the court and subscribed by the clerk, and shall be directed to the sheriff, and shall intelligibly refer to the judgment, stating the court, the county where the judgment roll is filed, and if it be for money, the amount thereof, and the amount actually due thereon, and shall require the sheriff substantially as follows: First. If it be against the property of the judgment debtor, it shall require the sheriff to satisfy the judgment, with interest, out of the personal property of such debtor; and if sufficient personal property cannot be found, then out of his real property; or, if the judgment be a lien upon real property, then out of the real property belonging to him on the day when the judgment was docketed; or, if the execution be issued to a county other than the one in which the judgment was recovered, on the day when the transcript of the docket was filed in the office of the recorder of such county, stating such day, or any time thereafter. Second. If it be against real or personal property in the hands of the personal representatives, heirs, devisees, legatees, tenants of real property, or trustees, it shall require the sheriff to satisfy the judgment, with interest, out of such property. Third. If it be against the person of the judgment debtor, it shall require the sheriff to arrest such debtor and commit him to the jail of the county until he pay the judgment, with interest, or be discharged according to law. Fourth. If it be for the delivery of the possession of real or personal property, it shall require the sheriff to deliver the possession of the same, particularly describing it, to the party entitled thereto, and may at the same time require the sheriff to satisfy any costs, damages, rents, or profits recovered by the same judgment out of the personal property of the person against whom it was rendered, and the value of the property for which the judgment was rendered to be specified. therein; if a delivery thereof cannot be had, and if sufficient personal property cannot be found, then out of the real property, as provided in the first subdivision of this section. Sec. 252. When a writ of execution is issued on a judgment recovered against two or more persons, in an action upon a joint contract, in which action all the defendants were not served with summons, or did not appear, it shall direct the sheriff to satisfy the judgment out of the joint property of all the defendants and the individual property only of the defendants who were served or who appeared in the action. Sec. 253. The execution may be made returnable at any time not less than ten nor more than sixty days after its receipt by the sheriff to the clerk with whom the judgment roll is filed. When the execution shall have been returned, it shall be the duty of the clerk to attach the same to the judgment roll. If any real estate be levied upon, the clerk shall record the execution and return thereto, at large, and certify the same under his hand as true copies, in a book to be called the "Execution Book," which book shall be indexed with the names of plaintiffs and defendants in execution, alphabetically arranged, and kept open at all times during office hours, for the inspection of the public, without charge; and shall be evidence of the contents of the originals whenever they, or any part thereof, may be destroyed, lost, or mutilated. Sec. 254. When the judgment requires the payment of money, or the delivery of real or personal property, the same may be enforced by a writ of execution; when it requires the performance of any other act, a certified copy of the judgment may be served upon the party against whom the same is rendered, or upon the person or officer required thereby, by law, to obey the same; obedience thereto may be enforced by the court; and after a final judgment of partition the court shall have power to enforce a severance of the possession. Sec. 255. In all cases, other than the recovery of money, the judgment may be enforced or carried into execution after the lapse of five years from the date of its entry, by leave of the court, upon motion or by judgment for that purpose, founded on supplemental pleadings. Sec. 256. Notwithstanding the death of a party after judgment, execution thereon may be issued in case of the death of the plaintiff, the same as if he were living, upon the application of his executor or administrator, or successor in interest, by the court in which the judgment was rendered or exists; and, in case of the decease of the defendant, if the judgment be for the recovery of real or personal property, execution may be issued and executed against the property recovered, in the same manner and with the same effect as if he were still living. Sec. 257. Where the execution is against the property of the judgment debtor, it may be issued to the sheriff of any county in the territory. Where it requires the delivery of real or personal property, it shall be issued to the sheriff of the county where the property, or some part thereof, is situated. Executions may be issued at the same time to different counties. Sec. 258. All goods, chattels, moneys, and other property, both real and personal, or any interest therein of the judgment debtor, not exempt by law, and all property and rights of property seized and held under attachment in the action, shall be liable to execution. Shares and interests in any corporation or company, and debts and credits, and all other property, both real and personal, or any interest in either real or personal property, and all other property not capable of manual delivery, may be attached on execution, in like manner as upon writs of attach ments. Sec. 259. If any personal property levied upon be claimed under oath by a third party as his property, the sheriff shall deliver the property to such third person, within five days after notice to plaintiff's attorney, if the plaintiff resides in the county, otherwise ten days, unless the plaintiff gives the sheriff good and sufficient bond to indemnify him against any loss or damage by reason of holding such property. Sec. 260. The following property shall be exempt from execution, except as herein otherwise specially provided: First, in all cases, all wearing apparel of the judgment debtor and family; and also, all chairs, tables, desks, and books, to the value of one hundred dollars; and also, all necessary household, table, and kitchen furniture of the judgment debtor, including stoves, stove pipes, and stove furniture, beds, bedding, and bedsteads, and provisions and fuel, actually provided for individual or family use, sufficient for one month; and also, one horse, two cows, with their calves, two swine and fifty domestic fowls. In addition to the above mentioned property, there shall be exempt the following named property: First, to a farmer: farming utensils or implements of husbandry; also, two oxen, or horses, or two mules, and their harness, two cows, one cart, or wagon, and food for such oxen, horses, cows, or mules, for one month; also, all seeds, grain, or vegetables, actually provided, reserved, or on hand, for the purpose of planting or sowing-at any time within six months, not exceeding in value the sum of two hundred dollars. Second. To a mechanic or artisan: Tools, or implements, necessary to carry on his trade. Third. To a surgeon physician (or) surgeon and dentist; The instruments and chest necessary to the exercise of his profession, with his scientific and professional libraries. Fourth. To attorneys at law and ministers of the gospel: The law libraries of attorneys and counsellors, and the libraries of ministers of the gospel. Fifth. To a miner: His cabin or dwelling, not exceeding in value the sum of five hundred dollars; also his sluices, pipes, hose, windlasses, derrick, cars, pump, tools, implements, and appliances, necessary for carrying on any kind of mining operations, not exceeding in value the aggregate sum of five hundred dollars, and two horses, mules, or oxen, with their harness and food for such horses, mules, or oxen, for one month, when necessary to be used for any whim, windlass, derrick, car, pump, or hoisting gear. Sixth. To a cartman, huckster, peddler; teamster, or laborer: Two horses, two mules, or two oxen, and their harness and one cart, or wagon, by the use of which such person habitually earns his living; and one horse, with vehicle and. harness or other equipments used by a physician or surgeon or minister of the gospel, in making his professional visits, with food for such horses, mules, or oxen for one month. Seventh. All fire-engines, hooks and ladders, with the carts, trucks, and carriages, hose, buckets, implements, and apparatus thereto appertaining, and all furniture and uniforms of any fire company or department, organized under any law of this territory. Eighth. All arms, uniforms, and accoutrements, required by law to be kept by any person. Ninth. All court-houses, jails, public offices and buildings, lots, grounds, and personal property; the fixtures, furniture, books, papers, and appurtenances belonging and pertaining to the courthouse, jail, and public offices belonging to any county of this territory; and all cemeteries, public squares, parks, and places, public buildings, town halls, markets, buildings for the use of the fire departments and military organizations, and the lots of ground |