11. For homestead exemption, see "Homestead."

REDEMPTION

Of real property may be made by the defendant, or any creditor subsequent to plaintiff's lien, any time within six months from the day of sale.

CHAPTER IX.

PROCEEDINGS IN AID OF EXECUTIONS.

On the return by a sheriff or marshal of an execution “unsatisfied," the judgment creditor upon affidavit or otherwise showing to the satisfaction of the Court, or of the judge thereof, that the judgment debtor has property which he unjustly refuses to apply towards the satisfaction of the judgment, may apply, and the 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 under oath 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 provided upon the return of an execution; that is, to require the appearance of witnesses, and hear the same, and make orders in relation thereto. And on proof by affidavit, or otherwise, that any person or corporation has property of such judgment debtor, or is indebted to him in an amount exceeding $50, the judge may by order require such person, or corporation, or any officer or member thereof, to appear at a specified time and place before him, or a referee appointed by him, and answer concerning the same.

The judge or referee may order any property of the judgment

debtor not exempt from execution in the hands of such debtor, or any other person, or due to the judgment debtor, to be applied towards the satisfaction of the judgment.

If it appear that a person or corporation, alleged to have property of the judgment debtor or indebted to him, claims an interest in the property adverse to him, or denies the debt, the Court or judge may authorize, by an order made to that effect, the judgment creditor to institute an action against such person or corporation for the recovery of such interest or debt; and the Court or judge may, by order, forbid a transfer or other disposition of such interest or debt, until an action can be commenced and prosecuted to judgment. Such order may be modified or vacated by the judge granting the same, or the Court in which the action is brought, at any time, on such terms as may be just.

CHAPTER X.

SECURITY FOR COSTS.

It is made the duty of the clerk of the District Court, in all civil actions, to require the party commencing the suit to pay in advance or secure by bond with security the payment of the probable amount of the costs of the action, provided that the said costs shall at the conclusion of the trial be paid by the party against whom said costs are adjudged by the Court.

CHAPTER XI.

APPEALS

From Justices' Courts to the proper District Court may be taken. any time within thirty days after rendition of judgment, except where the judgment is for an amount less than $20, by filing a notice of such appeal, and serving a copy on the opposite party; and by filing with the justice, within five days after filing the notice of appeal, an undertaking with two good sureties, who shall justify under oath.

APPEALS FROM THE DISTRICT COURT

May be taken to the Supreme Court from any final judgment or order in a civil action, except when expressly made final by the act, any time within one year after the rendition of judgment. From any order granting or refusing a new trial, or from an order granting or dissolving an injunction, or from an order refusing to grant or dissolve an injunction, and from any special order made after the final judgment, within sixty days after the order is made and entered upon the minutes of the Court; or from any interlocutory judgment or order in cases of partition, sale or division, to be taken within sixty days after the rendition of the same.

The appeal is taken by filing with the clerk of the Court with whom the judgment or order appealed from is entered, a notice stating the appeal from the same, or some specific part thereof, and serving a copy of the notice on the adverse party or his attorney. To render the appeal effectual for any purpose, in any case, a written undertaking shall be executed on the part of the appellant, by at least two sureties, to the effect that the appellant will pay all damages and costs which may be awarded against him on the appeal; or a sum not exceeding $100 shall be deposited with the clerk with whom the judgment or order was entered, to abide the event of the appeal; such undertaking shall be filed, or such de

posit made with the clerk, within at least five days after the notice of appeal is filed.

An appeal from a judgment or order for the payment of money shall not stay the execution of the judgment or order, unless a written undertaking is 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 amount named in the judgment or order appealed from; and should 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 thereof which shall be affirmed, and all damages and costs which may be awarded against the appellant, and in the kind of money in which the Court to which it is appealed shall order the payment thereof.

The sureties shall file affidavit as to their worth, over all just debts and liabilities, exclusive of property exempt from execution. When the appeal shall be thus perfected, it shall stay all proceedings upon the judgment, until the action of the appellate Court shall be had. The appellee may object to the sureties, as to their sufficiency, and if the objection be well taken, and the appellant, upon five days' notice, fail to give additional security, the appeal shall be regarded as if not taken.

Upon trial in the appellate Court, the successful party is entitled to have the judgment remitted to the Court from which the appeal was taken, for execution.

.

CHAPTER XII.

ESTATES OF DECEASED PERSONS.

Claims against deceased estates must be made within two years after administration begins.

Satisfactory proof of the amount due must be made to the Pro

bate Court; this may be made after expiration of two years, provided notice of the claim be given within the two years.

The executor or administrator of the estate has as long to make final settlement in, as the Probate Court will permit, which is usually, as long as he can show any unsettled business of the

estate.

The widow or other members of the family are entitled to the homestead, and such further allowance as the Probate Court may deem proper for the maintenance of the widow.

The largest discretion is given the Court in making orders respecting the estate.

CHAPTER XIII.

HOMESTEADS.

There shall be allowed homestead exemption, to be selected by the debtor, consisting of lands and appurtenances thereon not exceeding in value one thousand dollars for the judgment debtor, and the further sum of two hundred and fifty dollars for each member of the family, (which, in some instances, amount to thirty or forty, including wives and children). If the premises amount in value to more than the homestead exemption, it may be ordered sold or partitioned, and in case of sale, the excess over the exemption valuation is subject to execution; and in case of partition, the part divided off from the homestead is subject to sale on execution, the valuation to be made by persons chosen by the debtor and the officers having the execution.