swine, and provisions and fuel for the comfortable subsistence such household and family for six months.

8. To each householder, all household goods, furniture and utensils, not exceeding in value six hundred dollars.

9. The tools, implements, materials, stock, apparatus, team, vehicle, horses, harness, or other things to enable any person to carry on the profession, trade, occupation or business in which he is wholly or principally engaged, not exceeding in value six hundred dollars. 10. One sewing machine and one musical instrument.

11. A sufficient quantity of hay, grain, feed, and roots for properly keeping the above named animals three months.

An execution may be made returnable in not less than ten nor more than sixty days after its receipt by the sheriff.

Notice of sale must be given as follows:

1. In case of perishable property, a reasonable time.

2. In case of personal property, not less than five nor more than ten days.

3. In case of real property, twenty days.

Upon the sale of real property, when the estate is less than a freehold of two years unexpired term, the sale shall be absolute. In all other cases, the real property is subject to redemption within six months after the sale, upon paying to the purchaser the amount of the purchase, with eighteen per cent. in addition, and all taxes or assessments paid by the purchaser.

CHAPTER X.

PROCEEDINGS SUPPLEMENTARY TO EXECUTION.

When an execution is returned unsatisfied in whole or in part, the judgment creditor, at any time after such return is made, is entitled to an order from the judge of the Court, requiring such judg

ment debtor to appear and answer concerning his property before such judge or a referee appointed.

CHAPTER XI.

ESTATES OF DECEASED PERSONS.

Immediately after the appointment of the executor or administrator, he shall give notice through a newspaper published in the county, if there be one, and if not, then in such newspaper designated by the Court, requiring all persons having claims against the deceased to present them, with the necessary vouchers, within ten months after publication of the notice. If a claim be not presented within the ten months, it shall be forever barred; however, if it be not then due or is contingent, it may be presented within ten months after it shall become due or absolute; and when it shall be made to appear by the affidavit of the claimant, to the satisfaction of the executor or administrator, and the probate judge, that the claimant had no notice by reason of being out of the Territory, it may be presented at any time before a decree of distribution is entered. Every claim presented to the executor or administrator shall be supported by the affidavit of the claimant, that the amount is justly due, that no payments have been made thereon, and that there are no offsets to the same to the knowledge of the claimant or other affiant; provided, that when the affidavit is made by any other person than the claimant, he shall set forth in the affidavit the reason it is not made by the claimant.

The affidavit may be sworn to before any officer authorized to

take oaths.

When a claim is presented and allowed by the executor or administrator, it shall then be presented to the probate judge for his

approval, and within thirty days thereafter filed with the Probate Court.

If a claim be founded upon a bond, note, or other instrument, the original instrument shall be presented. If the claim be secured by a mortgage or other lien, such mortgage or other evidence of liens shall be attached to the claim, and filed therewith, unless the same be recorded in the office of the recorder of the county in which the land lies, in which case it shall be sufficient to describe the mortgage or lien, and refer to the date, volume and page of its record. In all cases the claimant may withdraw his claim from file on leaving a certified copy, with a receipt endorsed thereon by himself or agent.

After a claim is rejected, suit must be brought thereon within three months or it is forever barred; if it be not then due, suit must be brought within three months from the time it falls due. An outlawed claim must not be allowed.

When a judgment has been rendered against the testator or intestate in his life-time, no execution shall issue thereon after his death; but a certified copy of such judgment shall be presented to the executor or administrator, and be allowed, and filed and rejected, as any other claim, but need not be supported by the affidavit of the claimant; and if justly due and unsatisfied, shall be paid in due course of administration: provided, however, that if the execution shall have been actually levied upon any property of the deceased, the same may be sold for the satisfaction thereof, and the officer making the sale shall account to the executor or administrator for any surplus in his hands. The executor or administrator may, however, require the affidavit of the claimant, or other satisfactory proof, that the judgment, or any portion thereof, is justly due and unsatisfied.

CHAPTER XII.

AFFIDAVITS AND DEPOSITIONS.

An affidavit taken in another State or Territory, to be used in this Territory, shall be taken before a commissioner appointed by the Governor of this Territory to take affidavits and depositions in such State or Territory, or before any judge, or notary public, or clerk of a Court having a seal; when taken before a judge the genuineness of the judge's signature, the existence of the Court, and the fact that such judge is a member thereof, shall be certified by the clerk of the Court under the seal thereof.

The deposition of a witness out of the Territory may be taken in an action at any time after the service of the 'summons or.the appearance of the defendant. It shall be taken under a commission issued from the Court under the seal of such Court. It shall be issued to a person agreed upon by the parties, or if they do not agree, to any judge or justice of the peace selected by the officer granting the commission, or to a commissioner appointed by the Governor of this Territory to take affidavits and depositions. The deposition must be returned in a sealed envelope, directed to the clerk or other person designated or agreed upon, by mail or other usual channel of conveyance.

CHAPTER XIII.

ACKNOWLEDGMENTS.

The proof or acknowledgment of every conveyance affecting any real estate shall be taken by some one of the following officers: 1. If acknowledged or proved within this Territory, by some

judge or clerk of a Court having a seal, or some notary public, or justice of the peace of the proper county.

2. If acknowledged or proved without this Territory, and within the United States, by some judge or clerk of any Court of the United States, or of any State or Territory having a seal, or by any commissioner appointed by the Governor of this Territory for that purpose.

3. If acknowledged or proved without the United States, by some judge or clerk of any Court of any State, Kingdom, or Em pire having a seal, or by any notary public therein, or by any minister, commissioner, or consul of the United States appointed to reside therein.

Every officer who shall take the proof or acknowledgment of any conveyance affecting any real estate, shall grant a certificate thereof, and cause such certificate to be indorsed or annexed to such conveyance. Such certificate shall be:

1. When granted by any judge or clerk-under the hand of such judge or clerk.

2. When granted by an officer who has a seal of office-under the hand and official seal of such officer.

The certificate of such acknowledgment shall state the fact of acknowledgment, and that the person making the same was personally known to the officer granting the certificate to be the person whose name is subscribed to the conveyance as a party thereto, or was proved to be such by the oath or affirmation of a credible witness, whose name shall be inserted in the certificate.

A married woman may convey her real estate, her husband joining in the conveyance. No acknowledgment to be made by a married woman unless she be personally known to the officer taking the same to be the person whose name is subscribed to such conveyance as a party thereto, or shall be proved to be such by a credible witness; nor unless such married woman shall be made acquainted with the contents of such conveyance, and shall acknowledge on an examination, apart from and without the hearing of her husband, that she executed the same freely and voluntarily, without fear or compulsion, or undue influence of her husband, and that she does not wish to retract the execution of the same.