If the party against whom the action accrues is out of the Territory at the time, the statute does not run until his return, and if, after the action has accrued, he depart from the Territory, the time of his absence is not a part of the time limited for the commencement of an action. A part payment revives a debt which has been barred. No acknowledgment or promise is sufficient to take a case out of the statute, unless it be in writing and signed by the party to be charged. A cause of action arising in any other State or Territory, and barred by the laws of such State or Territory, cannot be maintained here.

CHAPTER IV.

ATTACHMENTS-ARRESTS IN CIVIL CASES.

ATTACHMENTS.

An attachment will issue in all cases where an affidavit is made by or on behalf of the plaintiff, that the defendant is indebted to the plaintiff upon a contract for the payment of money, gold dust or other property then due, which is not secured by a mortgage, lien or pledge upon either real or personal property; and upon giving an undertaking in double the amount of the debt sought to be recovered, if the same does not exceed in amount $1000, and in the amount sought to be recovered if over $1000, conditioned that the plaintiff will pay all costs that may be awarded to the defendant, and all damages which he may sustain by reason of such attachment, if the defendant recovers judgment, or the Court finally decides that the plaintiff was not entitled to an attachment.

ARRESTS IN CIVIL CASES.

Arrest may be had in all cases of fraud, or when the action is for willful injury to person or character, or to property, knowing the property to belong to another.

CHAPTER V.

JUDGMENT LIENS, EXECUTIONS, EXEMPTIONS, SALE AND REDEMPTION.

A judgment rendered by the District Court is a lien upon all the real estate of defendant in the county wherein it is docketed, and is such lien for the period of two years.

Execution may be issued at any time within five years after the entry of the judgment. Executions may be issued to several

counties at the same time.

The following articles are exempt from execution: wearing apparel of judgment debtor and family, also all chairs, tables, desks, to the value of $100; all necessary household and kitchen furniture, including stoves, stovepipes and stove furniture, beds, bedding and provisions, and fuel actually provided for use sufficient for one month; and also one horse, two cows with their calves, two swine and fifty domestic fowls; one sewing machine not exceeding the value of $100, in actual use by the debtor or his family; also to a farmer, farming utensils, also two oxen or horses, or two mules and their harness, two cows, one cart or wagon, and food for such animals for one month; also all seed grain or vegetables actually reserved for planting.

To a mechanic or artisan, tools or implements necessary to carry on his trade.

To a physician, the instruments and chest necessary to the exercise of his profession, together with his library and one horse and vehicle.

To an attorney at law, or a minister of the Gospel, their libraries. To a miner, his cabin, sluices, mining tools and appliances not to exceed in value $500; also two horses, mules or oxen, and food for the same for one month, and their harness, when necessary to be used for any windlass, derrick or pump.

To a cartman, truckster, 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.

Also the earnings of the judgment debtor for thirty days' next preceding the levy of execution, when such earnings are necessary for the support of the debtor's family.

A homestead not exceeding in value $2500; if agricultural land, not more than eighty acres; if within the limit of a town or city or village, not more than one-fourth of an acre.

The sheriff is required to give notice of sale as follows: by posting notice of the time and place of such sale in three public places of the township or city where the sale is to take place, for such time as may be reasonable in case of perishable property; in case of other personal property, not less than five nor more than ten days.

In case of real property, by posting a similar notice for twenty days, and publishing a copy thereof once a week for the same period in some newspaper published in the county, if there be one. In all sales of real property, where the estate is greater than the unexpired term of a two years' lease, the same may be redeemed within six months from such sale, by-first, the judgment debtor, second, a creditor having a lien by judgment or mortgage on the property sold, or some part thereof.

CHAPTER VI.

PROCEEDINGS SUPPLEMENTARY TO EXECUTIONS.

When an execution is returned unsatisfied, the judgment creditor may compel the debtor to appear before a judge and answer concerning his property, and upon such hearing witnesses may be examined. If any property is found, the judge may order the same applied on execution.

CHAPTER VII.

SECURITY FOR COSTS—APPEALS.

SECURITY FOR COSTS.

Security may be required in all cases where suit is brought by a non-resident; and where such security is required, all proceedings are stayed, and the action will be dismissed unless an undertaking is filed in such amount as may be fixed by the Court within thirty days. Security may also be required of the plaintiff, where the defendant makes oath that the plaintiff is insolvent.

Same as in California.

APPEALS.

CHAPTER VIII.

ESTATES OF DECEASED PERSONS-HOMESTEADS.

ESTATES OF DECEASED PERSONS.

Demands against the estate of a deceased person must be exhibited for allowance within two years after granting letters, or they will be barred. Any officer authorized to administer an oath may take proof of claims. There is no time limited for the settlement of an estate.

HOMESTEADS.

Not exceeding in value $2500, to consist of not more than eighty acres of land; or if within the limits of a town site, not to exceed one-fourth of an acre is exempt.

CHAPTER IX.

DEPOSITIONS-JUDICIAL RECORDS-ACKNOWLEDG

MENTS.

DEPOSITIONS.

Same law as in California, from which our code was taken.