Page:United States Statutes at Large Volume 31.djvu/426

374 FIFTY-SIXTH CONGRESS. SEss. I. Ch. 786. 1900. erty, or either of them, may at any time after the entry thereof have ahwrit of execution issued for its enforcement, as provided in this c a ter. exlgjggggg ki¤d= <>f Sligo. 266. There shall be three kinds of execution: One against the " property of the judgment debtor, another against his person, and the third for the delivery of the possession of real or personal property, or such delivery with damages for withholding the same. Wg;} gg’h&%mj;¤¤£i Sec. 267. The writ of execution shall be issued by the clerk and require. directed to the marshal. It sl1all contain the name of the court, the names of the parties to the action, and the title thereof; it shall substantially describe the judgment, and, if it be for money, shall state the amount actually due thereon, and shall require the marshal substantially as follows: · First. If it be against the property of the judgment debtor and the judgment directs particular property to be sold, it shall require the marshal to sell such particular property and apply the proceeds as • directed by the judgment; otherwise it shall require the marshal to satisfy the judgment, with interest, out of the personal property of such debtor; and if sufficient personal roperty can not be found, then out of the real property belonging to llim on the day when the judgment was docketed in the recording district, or at any time thereafter; Second. If it be issued after the death of the judgment debtor, and be against real or personal property, it shall require the marshal to satisfy the judgment, with interest, out of any property belonging to the deceased debtor in the hands of the debtor’s personal representativesil heirs, devisees, legatees, tenants of realproperty, or trustees as suc ; Third. If it be against the person of the judgment debtor, it shall require the marshal to arrest such debtor and commit him to jail until he phall pay the judgment, with interest, or be discharged according to aw. Fourth. If it be for the delivery of the possessionof real or personal property, it shall require the marshal to deliver the possession of the same, particularly describing it, to the party entitled thereto, and may at the same time require the marshal to satisfy any costs, charges, damages, or rents, and profits recovered by the same judgment, out of the personal property of the party against whom it was rendered, and the value of the property for which the judgment was recovered to be specified thereof, if a delivery thereof can not be had; and if sufficient personal (property can not be found, then out of the real property, as provide in the first subdivision of thisisection, and . in that respect it is to be deemed an execution against property. m§lg¥a1;1;*}1°;§§2H fg: Sec. 268. The marshal shall indorse upon the writ of execution the mmabie. time when he received the same, and such execution shall be returnable, within sixty days after its receipt by the marshal, to the clerk’s office from whence it issued. When <?x¤°¤*i°¤i¤· ’ Sec. 269. If the action be one in which the defendant might have sued against the per- » . . . . . . mu. been arrested, as provided by section ninety-nine, an execution against the person of the judgment debtor-may be issued after the return of ghg execution against his property unsatised in whole or in part, as 0 ows: First. 'When it appears from the record that the cause of action is also a cause of arrest, as prescribed in section ninety-nine, such execution may issue of course; . ’ Second. When no such cause of arrest appears from the record, such execution may issue for any of the causes prescribed in section ninety- nine that may exist at the time of the application therefor, upon leave of the court or judge thereof; Third. When the defendant has been provisionally arrested in the action, or an order has been made allowing such arrest, and in either