3. For the delivery of the possession of real property, with damages for witholding the same and costs.

The officer having the writ must levy first on the goods and chattels of the debtor, but if no goods be found, he shall endorse on the writ "no goods," and forthwith levy the writ of execution upon the lands and tenements of the debtor liable to satisfy the judgment.

The officer may sell goods and chattels seized, by first publishing notice of the time and place of sale, for a period of ten days. Notice of the sale of lands and tenements must be published thirty days prior to the sale.

There is now in this Territory no statute providing for the redemption of property, either real or personal, sold on execution.

The exemptions from levy, or seizure, are a homestead not exceeding in value $1500, so long as it is actually occupied as such by the debtor and his family, the value to be ascertained by appraisers.

So, too, the following personal property, when owned by the head of a family who is residing with the same: Furniture, bedding, and provisions, and such other articles as the debtor may select, not exceeding in value $500.

There is also exempt the necessary wearing apparel of every person, not exceeding in value $50.

The tools, team, and implements, or stock in trade of any mechanic, miner or other person, used and kept for the purpose of carrying on his trade or business, not exceeding in value $300. Also the library, instruments and implements of any professional man, not exceeding in value $300.

There is no exemption in favor of a person not an actual resident of the Territory, nor one about to remove or abscond therefrom. And no article of property is exempt from attachment or sale, upon execution for the purchase money of said article of property.

CHAPTER IX.

PROCEEDINGS IN AID OF EXECUTIONS.

Proceedings in aid of executions may be had, in which the debtor may be examined and compelled to disclose and appropriate to the payment of the judgment any property which he may have unjustly refused to apply to that purpose.

A receiver may be appointed to take and dispose of such property of the judgment debtor that may be unearthed on examination, either legal or equitable, and appropriate the proceeds to the payment of the judgment.

CHAPTER X.

SECURITY FOR COSTS.

In all cases in which the plaintiff is a resident of the county in which the action is brought, he must furnish security for costs before commencing such action.

CHAPTER XI.

APPEALS.

In actions at law, final judgments and orders may be reviewed on writ of error, or petition in error sued out any time within three years after rendition.

In chancery cases, review may be had by appeal, if the appeal is perfected within thirty days after the decree complained of.

Where the judgment or decree sought to be reviewed is for the payment of money, security must be given in double the amount of the decree or judgment. In other cases the amount of security is fixed by the Court.

CHAPTER XII.

ESTATES OF DECEASED PERSONS.

Estates of deceased persons are settled in the Probate Courts through the usual means of executors and administrators.

Claims against the estate must be presented within one year after the granting of letters testamentary or of administration, and if not so presented, are forever barred.

Every executor and administrator must exhibit a statement of the accounts of his administration for settlement, with proper vouchers, to the Probate Court, at its first term after the end of six months from the date of his letters, and at the corresponding term of Court every six months until administration be completed.

CHAPTER XIII.

DESCENTS AND DISTRIBUTION OF PROPERTY.

1. Whenever any person having title to any real estate, or property having the nature or legal character of real estate, or personal estate undisposed or otherwise limited by marriage settlement, shall die intestate as to such estate, it shall descend and be distributed in parcenary to his kindred, male and female, subject to the payment of his debts, in the following course and manner, namely: If such intestate leave a husband or wife and children, or the descendants of any children, him or her surviving, one-half of such estate shall descend to such surviving husband or wife, and the residue thereof to such surviving children and descendants of children as hereinafter limited; if such intestate leave a husband or wife and no child nor descendants of any child, then the real and personal estate of such intestate shall descend as follows, to wit: Three-fourths thereof to such surviving husband or wife, and onefourth thereof to the father and mother of the intestate, or the survivor of them. Provided, That if the estate of such intestate, real and personal, does not exceed in value the sum of ten thousand dollars, then the whole thereof shall descend to and vest in the surviving husband or wife as his or her absolute estate, subject to the payment of debts as aforesaid. Dower and the tenancy by the courtesy are abolished, and neither husband nor wife shall have any share in the estate of the other save as herein provided. Except in cases above enumerated, the estate of any intestate shall descend and be distributed as follows:

First. To his children surviving, and the descendants of his children who are dead, (the descendants collectively taking the share their parent would have taken if living).

Second. If there be no children nor their descendants, then to his father, mother, brothers and sisters, and to the descendants of brothers and sisters who are dead, (the descendants collectively tak

ing the share their parent would have taken if living) in equal parts.

Third. If there be no children nor their descendants, nor father, mother, brothers, sisters, nor descendants of deceased brothers or sisters, nor husband nor wife living, then to the grandfather, grandmother, uncles, aunts and their descendants, (the descendants taking collectively the share of their immediate ancestors) in equal parts.

2. All posthumous children or descendants of the intestate shall inherit in like manner as if born in the lifetime of the intestate; but no right of inheritance shall accrue to any person other than the children or descendants of the intestate, unless they are in being, and capable in law of taking as heirs at the time of the intestate's death.

3. Children, and descendants of children of the half-blood, shall inherit the same as children and descendants of the whole blood, but collateral relations of the half-blood shall inherit only half the measure of collateral relatives of the whole blood, if there be any of the last named class living.

4. Where any of the children of the intestate shall have received in his lifetime any real or personal estate, by way of advancement, and the other heirs desire it to be charged to him, the probate judge shall cite the parties to appear before him, shall hear proof upon the subject, and shall determine the amount of such advancement or advancements to be thus charged.

5. The maintenance, education or supply of money to a child under the age of majority, without any view to apportion or settlement in life, shall not be deemed an advancement under section four.

6. The alienage of the descendants shall not invalidate any title to real estate which shall descend from him or her.

7. Illegitimate children shall inherit the same as those born in wedlock, if the parents subsequently intermarry, and such children be recognized after such intermarriage by the father to be his. Illegitimate children inherit from the mother, and the mother from the children.

8. Divorces of husband and wife shall not affect the right of children personally together, to inherit their property.