be entitled to a preference, the choice of such part of the real property of the judgment debtor or debtors, as will be sufficient, at two-thirds of the appraised value, to satisfy the same. And in all cases where two or more executions, which are entitled to no preference over each other, are put into the hands of the same officer, it shall be the duty of the officer, when required, to levy the same on separate parcels of the real property of the judgment debtor or debtors, when, in the opinion of the appraisers, the same may be divided without material injury; and if the real property of said debtors will not be sufficient, at two-thirds of its appraised value, to satisfy all the executions chargeable thereon, such part of the same shall be levied on to satisfy each execution as will bear the same proportion in value to the whole as the amount due on the execution bears to the amount of all the executions chargeable thereon, as near as may be, according to the appraised value of each separate parcel of said real property.

SEC. 506. [Deed by sheriff's successor.]-If the term of service of the sheriff, or other officer, who has made or shall hereafter make sale of any lands and tenements, shall expire, or if the sheriff or other officer shall be absent, or be rendered unable, by death or otherwise, to make a deed of conveyance of the same, any succeeding sheriff, or other officer, on receiving a certificate from the court from which the execution issued, for the sale of said lands and tenements, signed by the clerk, by order of said court, setting forth that sufficient proof has been made to the court that such sale was fairly and legally made, and, on tender of the purchase money, or if the same or any part thereof be paid, then, on proof of such payment and tender of the balance, if any, may execute to the said purchaser or purchasers, or his or their legal representatives, a deed of conveyance of said lands and tenements so sold. Such deed shall be as good and valid in law, and have the same effect, as if the sheriff or other officer who made sale had executed the same.

SEC. 507. [Proceeds of sale-Disposition.]-If, on any sale made as aforesaid, there shall be in the hands of the sheriff, or other officer, more money than is sufficient to satisfy the writ or writs, of execution, with interest and costs, the sheriff or other officer shall, on demand, pay the balance to the defendant in execution, or his legal representatives.

SEC. 508. [Reversal of judgment-Title of purchaser.]-If any judgment or judgments, in satisfaction of which any lands or tenements are sold, shall at any time thereafter be reversed, such reversal shall not defeat or affect the title of the purchaser or purchasers; but, in such case, restitution shall be made by the judgment creditor, of the moneys for which such lands or tenements were sold, with lawful interest from the day of sale.

SEC. 509. [Lien lost if execution not issued.]--No judgment heretofore rendered, or which hereafter may be rendered, on which execution shall not have been taken out and levied before the expiration of five years next after its rendition, shall operate as a lien upon the estate of any debtor, to the preference of any other bona fide judgment creditor; but in all cases where judgment has been or may be rendered in the supreme court, and a special mandate awarded to the district court to carry the same into execution, the lien of the judgment creditor shall continue for five years after the first day of the next term of the district court, to which such mandate may be directed. Nothing in this section. contained shall be construed to defeat the lien of any judgment creditor, who shall fail to take out execution and cause a levy to be made as herein provided, when such failure shall be occasioned by appeal, proceedings in error, injunction, or by a vacancy in the office of sheriff and coroner, or the inability of such

SEC. 507.

Cited 5 Neb. 45.

SEC. 508. If plaintiff becomes purchaser, and conveys to a third party, and judgment is reversed grantee retains property. I Neb. 240. See note to section 498.

SEC. 509. The original section provided that the judgment should lose preference over other judgments if execution was not taken out and levied before the expiration of "one" year next after its rendition. The amendment includes all judgments, whether prior or subsequent to its passage. 5 Neb. 46. If execution is not taken out within the time limited, the lien is gone so far as other bona fide judgment creditors are concerned. 1 Neb. 294.

officer, until one year after such disability shall be removed. In all cases where real estate has been or may hereafter be taken or execution, and appraisal, [appraised] and twice advertised and offered for sale, and shall remain unsold for want of bidders, it shall be the duty of the court from which such execution issued, on application of the plaintiff to set aside such appraisement and order a new one to be made, or to set aside such levy and appraisement and award a new execution to issue, as the case may require. [Amended to take effect Feb. 27, 1873. G. S. 613.]

SEC. 510. [Return of writ.] --The sheriff or other officer, to whom any writ of execution shall be directed, shall return such writ to the court to which the same is returnable, within sixty days from the date thereof.

SEC. 511. [Judgment against principal and surety-How rendered.]-In all cases where judgment is rendered in any court of record within this state, upon any other instrument of writing, in which two or more persons are jointly and severally bound, and it shall be made to appear to the court, by parol or other testimony, that one or more of said persons so bound signed the same as surety or bail for his or their co-defendant, it shall be the duty of the clerk of said court, in recording the judgment thereon, to certify which of the defendants is principal debtor, and which are sureties or bail. And the clerk of the court aforesaid shall issue execution on such judgment, commanding the sheriff or other officer to cause the money to be made of the goods and chattels, lands and tenements, of the principal debtor, but for want of sufficient property of the principal debtor to make the same, that he cause the same to be made of the goods and chattels, lands and tenements, of the surety or bail. In all cases the property, both personal and real, of the principal debtor, within the jurisdiction of the court, shall be exhausted before any of the property of the surety or bail shall be taken in execution.

SEC. 512. [Appraisers-Fees-Refusal to serve.]-Each freeholder, summoned to appraise real estate under the provisions of this chapter, shall be allowed and receive for his services the sum of fifty cents, for each day he may be so engaged as such appraiser, to be collected on the execution, by virtue of which the property appraised was levied on, if claimed at the time of making the return of such appraisement. And when any freeholder, summoned as aforesaid, shall fail to appear at the time and place appointed by the officer, and discharge his duty as appraiser, he shall, on complaint being made to any justice of the peace of the precinct in which such freeholder resides, forfeit and pay the sum of fifty cents for every such neglect, unless he can render a reasonable excuse. Such sum shall be collected by said justice, and paid into the county treasury for the use of the county.

SEC. 513. [Sheriff-Neglect of duty.-If any sheriff or other officer shall refuse or neglect to execute any writ of execution to him directed, which has come to his hands; or shall neglect or refuse to sell any goods and chattels, lands, and tenements; or shall neglect to call an inquest and return a copy thereof forthwith to the clerk's office; or shall neglect to return any writ of execution to the proper court, on or before the return day thereof; or shall neglect to return a just and perfect inventory of all and singular the goods and chattels by him taken in execution, unless the said sheriff or other officer shall return, that he has levied and made the amount of the debt, damages and costs; or shall refuse or neglect on demand to pay over to the plaintiff, his agent, or attorney of record, all moneys by him collected or received, for the use of said party, at any time after collecting or receiving the same, except as provided in section four hundred and ninety-eight; or shall neglect or refuse, on demand made by the defendant, his agent, or attorney of record, to pay over all moneys by him received for any sale made, beyond what is sufficient to satisfy the writ or writs of execution, with interest and legal costs, such sheriff or other officer shall, on motion in court and two days notice

SEC. 510. Cited 5 Neb. 44.

SEC. 513. Cited 5 Neb. 45

thereof in writing, be amerced in the amount of said debt, damages and costs, with ten per centum thereon, to and for the use of said plaintiff or defendant, as the case may be.

SEC. 514. Clerk-Neglect of duty-Amercement.-If any clerk of a court shall neglect or refuse, on demand made by the person entitled thereto, his agent or attorney of record, to pay over all money by him received, in his official capacity, for the use of such person, every such clerk may be amerced; and the proceedings against him and his sureties shall be the same as provided for in the foregoing section against sheriffs and their sureties.

SEC. 515. [Amercement-Amount.-When the cause of amercement is for refusing to pay over money collected as aforesaid, the said sheriff or other officer shall not be amerced in a greater sum than the amount so withheld, with ten per centum thereon.

SEC. 516. Execution to another county-Return by mail.-When execution shall be issued in any county in this state, and directed to the sheriff or coroner of another county, it shall be lawful for such sheriff or coroner having the execution, after having discharged all the duties required of him by law, to inclose such execution, by mail, to the clerk of the court who issued the same. On proof being made by such sheriff or coroner that the execution was mailed soon enough to have reached the office where it was issued within the time prescribed by law, the sheriff or coroner shall not be liable for any amercement or penalty, if it do not reach the office in due time.

SEC. 517. [Money made-How returned by mail,-No sheriff shall forward by mail any money made on any such execution, unless he shall be specially instructed to do it by the plaintiff, his agent or attorney of record. In all cases of a motion to amerce a sheriff or other officer of any county other than the one from which the execution issued, notice in writing shall be given to such officer, as hereinbefore required, by leaving it with him, or at his office, at least fifteen days before the first day of the term at which such motion shall be made, or by transmitting the notice by mail at least sixty days prior to the first day of the term at which such motion shall be made. All amercements, so procured, shall be entered on the record of the court, and shall have the same force and effect as a judgment.

SEC. 518. [Surety of officers-Party to amercement.]-Each and every surety of any sheriff or other officer may be made a party to the judgment as rendered as aforesaid, against the sheriff or other officer, by action, to be commenced and prosecuted as in other cases. But the goods and chattels, lands and tenements of any such surety shall not be liable to be taken on execution, when sufficient goods and chattels, lands and tenements of the sheriff or other officer, against whom execution may be issued, can be found to satisfy the same. Nothing herein contained shall prevent either party from proceeding against such sheriff or other officer by attachment, at his election.

SEC. 519. [Same-Benefit of uncollected judgment.]-In cases where a sheriff or other officer may be amerced, and shall not have collected the amount of the original judgment, he shall be permitted to sue out an execution, and collect the amount of said judgment in the name of the original plaintiff, for his own use.

EXEMPTIONS.

SEC. 520. [Repealed 1875, 88.]

SEC. 521. [Personal property of head of family.]—All heads of families, who have neither lands, town lots or houses subject to exemption as a homestead, under the laws of this state, shall have exempt from forced sale on execution the sum of five hundred dollars in personal property.

SEC. 522. [Same-How obtained.]-Any person desiring to avail himself

SEC. 521. Resident alien is entitled to benefits of section. 2 Neb. 9. Partnership property not exempt. 3 Neb. 261. 7 Neb. 136. 9 Neb. 45. One residing upon lands owned as a homestead cannot receive benefit of this section. 7 Neb. 184. This exemption is in addition to that allowed in sec. 530. 10 Neb. 434. SEC. 522. When inventory is filed under oath. officer must act. He has no discretion. 2 Neb. 9. 6 Neb. 92.

of the exemption as provided for in the preceding section, must file an inventory, under oath, in the court where the judgment is obtained, or with the officer holding the execution, of the whole of the personal property owned by him or them, at any time before the sale of the property; and it shall be the duty of the officer to whom the execution is directed, to call to his assistance three disinterested freeholders of the county where the property may be, who, after being duly sworn by said officer, shall appraise said property at its cash value.

SEC. 523. [Same.]-Upon such inventory and appraisement being completed, the defendant in execution, or his authorized agent, may select from such inventory an amount of such property, not exceeding, according to such appraisal, the amount or value herein exempted, but if neither such defendant, nor his agent shall appear and make such selection, the officer shall make the same for him

SEC. 524. [From taxation.]-Nothing in this subdivision shall be considered as exempting any real or personal property from levy and sale for taxes. SEC. 525-528.* [Repealed 1875, 48.]

SEC. 529. [Same.]-Nothing in this subdivision shall be considered as exexempting any real estate from taxation or sale for taxes.

SEC. 530. [Articles of personalty.-No property hereinafter mentioned shall be liable to attachment, execution, or sale, on any final process issued from any court in this state, against any person being a resident of this state and the head of a family. First. The family bible. Second. Family pictures. school books, and library for the use of the family. Third. A seat or pew in any house or place of public worship. Fourth. A lot in any burial ground Fifth. All necessary wearing apparel of the debtor and his family. All beds, bedsteads, and bedding necessary for the use of such family. All stoves and appendages put up or kept for the use of the debtor and his family, not to exceed four All cooking utensils, and all other household furniture not herein enumerated, to be selected by the debtor, not exceeding in value one hundred dollars. Sixth. One cow hre hogs, and all pigs under six months old and if the debtor be at the time tually engaged in the business of agriculture, in addition to the above, one yoke xen, or a pair of horses in lieu thereof; ten sheep, and the wool therefrom ith r n the raw material or manufactured into yarn or cloth; the necessary tood for the stock mentioned in this section, for the period of three months; one wagon. cart or dray, two plows and one drag; the necessary gearing for the team herein exempted; and other farming implements not exceeding fifty dollars in value. Seventh. The provisions for the debtor and his family necessary for six months support, either provided or growing, or both, and fuel necessary for six months. Eighth. The tools and instruments of any mechanic, miner or other person used and kept for the purpose of carrying on his trade or business. The library and implements of any professional man. All of which articles herein before intended to be exempt, shall be chosen by the debtor, his agent, clerk or legal representative, as the case may be.

SEC. 531. [Wages-Money due from attorney.]—Nothing in this chapter shall be so construed as to exempt any property in this state from execution or attachment for clerks', laborers', or mechanics' wages, or for money due and owing by any attorney at law, for money or other valuable consideration received by said attorney for any person or persons [Amended 1869, 67. Took effect Feb. 12, 1869. G. S. 618.]

SEC. 531 a. [Same-Mechanic's wages.]-The wages of laborers mechanics, and clerks who are heads of families in the hands of those by whom such laborers, mechanics, or clerks may be employed, both before and after such wages shall be due, shall be exempt from the operation of attachment, execution, and garnishee process; Provided, That not more than sixty days wages shall

*Homestead exemption. See chap. 36, ante p. 295.

SEC. 530. These exemptions in addition to others. 7 Neb. 186. 10 Neb. 434. A "team" of mules is exempt. 6 Neb. 92. If husband abscond, wife has the benefit. 10 Neb. 117. SEC. 531 a. "An act to exempt laborers', mechanics' and clerks' wages in the hands of employers, from execution, attachment and garnishee process." 1869, 170, as amended Feb. 25, 1873. G. S. 715.

be exempt; Provided further, That nothing in this act shall be so construed as to 601 protect the wages of persons who have or are about to abscond or leave the state from the provisions of law now in force upon that subject; Provided further, That nothing in this act shall be so construed as to permit the attachment of sixty days' wages in the hands of the employer. [G. S. 715]

PROCEEDINGS IN AID OF EXECUTION.

SEC. 532. [Interests of debtor subjected.]-Where a judgment debtor has not personal or real property subject to levy on execution, sufficient to satisfy the judgment, any interest which he may have in any banking, turnpike, bridge or other joint stock company, or any interest he may have in any money, contracts, claims, or choses in action, due or to become due to him, or in any judgment or decree, or any money, goods or effects which he may have in possession of any person, body-politic or corporate, shall be subject to the payment of such judgment by proceedings in equity, or as in this chapter prescribed.

SEC. 533. [Order to disclose property.]-When an execution against the property of a judgment debtor, or one of several debtors in the same judgment, is issued to the sheriff of a county where he resides, or, if he do not reside in the state, to the sheriff of the county where the judgment was rendered, or a transcript of a justice's judgment has been filed, is returned unsatisfied in whole or in part, the judgment creditor is entitled to an order from a probate judge or a judge of the district court of the county to which the execution was issued, requiring such debtor to appear and answer concerning his property, before such judge, or referee appointed by such judge, at a time and place specified in such order, within the county to which the execution was issued.

SEC. 534. [Same-How obtained.]-After the issuing of an execution against property, and upon proof by affidavit of the judgment creditor or otherwise, to the satisfaction of the district court, or a judge thereof, or a probate judge of the county in which the order may be served, that the judgment debtor has property which he unjustly refuses to apply towards the satisfaction of the judgment, such court or judge may, by order, require the judgment creditor to appear at a time and place in said county to answer concerning the same. And such proceedings may thereupon be had for the application of the property of the judgment debtor towards the satisfaction of the judgment as are prescribed in this chapter.

SEC. 535. [Same-Arrest of debtor.]-Instead of the order requiring the attendance of the judgment debtor, as provided in the last two sections, the judge may, upon proof to his satisfaction, by affidavit of the party, or otherwise, that there is danger of the debtor leaving the state or concealing himself to avoid the examination herein mentioned, issue a warrant, requiring the sheriff to arrest him and bring him before such judge within the county in which the debtor may be arrested. Such warrant can be issued only by a probate judge or a judge of the district court of the county in which such debtor resides or may be arrested. Upon being brought before the judge, he shall be examined on oath, and other witnesses may be examined on either side, and if on such examination it appear that there is danger of the debtor leaving the state, and that he has property which he unjustly refuses to apply to such judgment, he may be ordered to enter into an undertaking, in such sum as the judge may prescribe, with one or more sureties, that he will from time to time attend for examination before the judge or referee, as shall be directed. may be committed to the jail of the county by warrant of the judge, as for a In default of entering into such undertaking, he contempt.

SEC. 536. [Criminating answers.]-No person shall, on examination pursuant to this chapter, be excused from answering any question on the ground that his examination will tend to convict him of a fraud, but his answer shall not be used as evidence against him in a prosecution for such fraud.

SEC. 537. [Payment by debtor's debtor.]-After the issuing of execution against property, any person indebted to the judgment debtor may pay to the