Page:United States Statutes at Large Volume 31.djvu/427

FIFTY-SIXTH concanss. sm. 1. ou. rss. 1900. 375 case the order has not -been vacated, such execution may issue of course: Fourth. `vVhen execution is issued against the person of the defendant by leave of the court, it shall be applied for and allowed in the manner provided in section one hundred for allowing a writ of arrest, except that the undertaking need not be for an amount exceeding the judgment. A defendant arrested on execution, who has not been arrested provisionally, may at any time be discharged from such arrest for the causes and in the manner provided in sections one hundred and twenty-one and one hundred and twenty-two for the discharge of a defendant who has been provisionally arrested. Sec. 270. A person arrested on execution shall be imprisoned in O,§g;V€12§,‘?,gg¤{m”;*r°,g jail, and kept at his own expense until satisfaction of the execution, 0¤e¤1. or his legal discharge, but the plaintiif shall be liable in the first instance or such expense, as in other cases of arrest, in the same manner and to the same extent as prescribed in sections one hundred and eighteen and one hundred and nineteen. . Sec. 271. Notwithstanding the death of a party after judgment, pr§,§§§*;,*i°D’;ay¤¤*;;;’lfg · execution thereon against his property or for the delivery of real or arm cmu or judgpersonal property may be issued and executed in the same manner and m°“l d€b°°"°x°°p°‘ with the same effect as if he were still living, but such execution shall not issue within six months from the granting of letters testamentary or of administration upon the estate of such party without leave of the commissioner having authority to issue letters testamentary or of administration upon said estate. Sec. 272. The homestead of any family, or the proceeds thereof, St§;<;ml1>ti¤¤Qf%g*¤g§ shall be exempt from judicial sale for the satisfaction of any liability aus. mm Ju ° hereafter contracted or for the satisfaction of any judgment hereafter obtained on such debt. Such homestead must be the actual abode of and owned b such family or some members thereof. It shall not exceed two tlliousand Eve hundred dollars in value, nor exceed one hundred and sixty acres in extent if not located in a town or city laid off into blocks or lots, or if located in any such town or city, then it shall notexceed one-fourth of one acre. This Act shall not apply to decrees for the foreclosure of any mortgage properly executed; but if the owners of such homestead be married, then it shall be executed by husband and wife. When any officer shall levy upon such homestead, the owner thereof, or the wife, husband, agent, or attorney of such owner, may notify such officer that he claims such premises as his homestead, describing the same by metes and bounds, lot or block, or legal subdivision of the United States, whereupon such officer shall notify the creditor of such claim, and if such homestead shall exceed ' the maximum in this section, and he deem it of greater value than two thousand five hundred dollars, then he may direct the marshal to select three disinterested persons, who shall examine and appraise such homestead, under oath, commencing with the twenty acres of lot upon which the dwelling is located, appraising each lot or twenty acres separately; and if the same exceed two thousand five hundred dollars, then the marshal shall proceed to sell all in excess of two thousand five hundred dollars by lots or smallest legal subdivisions, odering them in the order directed by the judgment debtor, if he chooses to direct; otherwise he shall sell the same as aforesaid so as to leave the homestead as compact as possible. The homestead aforesaid shall be exempt from sale or any legal process after the death of the person entitled thereto for the collection of any debts for which the same could not have been sold during his lifetime. .. Sino. 273. All other pro(perty, including franchises or rights or What property ua. interests therein, of the ju gment debtor shall be liable to an execu— l{#§,f@°,,§§§’Q,'§°“ md tion, except as in this section provided. The following property shall be exempt from execution if selected and reserved by the judgment