SEC. 449. The deed of a master commissioner shall contain the like recital, and shall be executed, acknowledged and recorded, as the deed of a sheriff, of real property sold under execution. The deed of a TITLE XX. 'Causes of Action which Survive, and Abatement of Actions. SEC. 450. In addition to the causes of action which Cause of stude survive at common law, causes of action for mesne profits, or for an injury to the person or to real or personal estate, or for any deceit or fraud, shall also survive, and the action may be brought, notwithstanding the death of the person entitled or liable to,the same. ding shall abate. SEC. 451. No action pending in any court, shall abate No action pen by the death of either or both the parties thereto, except an action for libel, slander, malicious prosecution for a nuisance, or against a justice of the peace for misconduct in office, which shall abate by the death of the defendant. TITLE. XXI. Revivor. Revivor of Actions. Where there tins, &c. SEC. 452. Where there are several plaintiffs or defendants in an action, and one of them dies, or his powers as per- are several plainsonal representative cease, if the right of action survive to or against the remaining parties, the action may proceed, the death of the party or the cessation of his powers being stated on the record. SEC. 453. Where one of several plaintiffs or defendants dies, or his powers as a personal representative cease, if the cause of action do not admit of supervisorship, and the court is of opinion that the merits of the controversy can be properly determined and the principles applicable to the case fully settled, it may proceed to try the same as between the remaining parties; but the judgment shall not prejudice any who were not parties at the time of trial. In case of death When action SEC. 454. When one of the parties to an action dies, or his powers as a personal representative cease before the judg- may be revived, If made in teca. Order made on motion. If order made by conseut. When non-residents. In whose name ment, if the right of action survive in favor of or against his representatives or successor, the action may be revived and proceed in their names. SEC. 455. The revivor shall be, by a conditional order of the court, if made in term, or by a judge thereof, if in vacation, that the action be revived, in the names of the representatives or successor of the party who died, or whose powers ceased, and proceed in favor of or against them. SEC. 456. The order may be made on motion of the adverse party, or of the representatives or successor of the party who died, or whose powers ceased, suggesting his death or the cessation of his powers, which with the names and capacities of his representatives or successor, shall be stated in the order. SEC. 457. If the order is made by consent of the parties, the actiou shall forthwith stand revived; and if not made by consent, the order shall be served in the same manner and returned within the same time as a summons, upon the party adverse to the one making the motion; and if sufficient cause be not shown against the revivor, the action shall stand revived, SEC. 458. When the plaintiff shall make an affidavit, that the representatives of the defendant, or any of them in whose name the action may be ordered to be revived, are non-residents of the territory, or have left the same to avoid the service of the order, or so conceal themselves that the order cannot be served upon them, or that the names and residence of the heir or devisces of the person against whom the action may be ordered to be revived, or some of them, are unknown to the affiant, a notice may be published for six consecutive weeks, as provided by section seventy-eight, notifying them to appear on a day therein named, not less than ten days after the publication is complete, and show cause why the action should not be revived against them; and if sufficient cause be not shown to the contrary, the action shall stand revived. SEC. 459. Upon the death of a plaintiff in an action, it may be revived in the names of his representatives, to whom his right has passed. Where his right has passed to his per names. vives against SEC. 60. Upon the death of a defendant in an action, when it ar wherein the right or any part thereof survives, against them. any of his personal representatives, the revivor shall be against them; or it may, also, be against the heirs or devisees of the defendant, or both, when the right of action or any part thereof survives against them. his heirs. SEC. 461. Upon the death of a defendant in an action Revived agri st for the recovery of real property only, or which concerns only his rights or claims to such property, the action may be revived against his heirs or devisees, or both, and an order therefor may be forthwith made in the manner directed in the preceding sections of this title. SEC. 462. An order to revive an action against the Not made representatives or successor of a defendant, shall not be out consent made without the consent of such representatives or suc cessor, unless in one year from the time it could have been first made. certain cases. SEC. 463. An order to revive an action in the names of when made in the representatives or successor of a plaintiff, may be made forthwith, but shall not be made without the consent of the defendant, after the expiration of one year from the time the order might have been first made; but, where the defendant shall also have died or his powers have ceased in the meantime, the order of revivor, on both sides, may be made an the period limited in the last section. SEC. 464. When it appears to the court, by affidavit, that either party to an action has been dead, or where a party sues or is sued as a personal representative, that his powers have ceased for a period so long that the action. cannot be revived in the names of his representatives or successor, without the consent of both parties, it shall order the action to be stricken from the docket. SEC 465. At any term of the court succeeding the When stricken from docket. days. ten When in death of the plaintiff, while the action remains on the docket, the defendant having given to the plaintiff's proper representatives, in whose names the action might be revived, ten days notice of the application therefor, may have an order to strike the action from the docket, and for costs against the estate of the plaintiff, unless the action is forthwith revived. SEC. 466. When, by the provisions of the preceding sections, an action stands revived, the trial thereof shall not be postponed by reason of the revivor, if the action would have stood for trial at the term the revivor is complete, had no death or cessation of powers taken place. Trial not postponed. When judg ment recovered. In case both parties die after. If judgment formout. Kreontions. Of four kinds. Revivor and new parties to Fudgment. SEC. 467. When a judgment is recovered against one or more persons jointly indebted upon contract, those who were not originally summoned may be made parties to the judgment by action. SEC. 468. If either or both parties die after judgment and before satisfaction thereof, their representatives, real or personal or both, as the case may require, may be made parties to the same, in the same manner as is prescribed for reviving actions before judgment; and such judgment may be rendered and execution awarded as might or ought to be given or awarded against the representatives, real or personal or both, of such deceased party. SEC. 469. If a judgment become dormant, it may be revived in the same manner as is prescribed for reviving actions before judgment. SEC. 470. TITLE XXII. ARTICLE I. Executions. Executions shall be deemed process of the court, and shall be issued by the clerk and directed to the sheriff of the county. They may be directed to different counties at the same time. SEC. 471. Executions are of four kinds. First, Against the property of the judgment debtor. Third, For the delivery of the possession of real or personal property, with damages for withholding the same and costs. Fourth, Executions in special cases. Executions against the property of the Judgment Debtor. SEC. 472. Lands, tenements, goods and chattels, not exempt by law, shall be liable to be taken on execution and soldas hereinafter provided. What liable on execution. Sec. 473. All real estate, not bound by the lien, of the Real estate. judgment, as well as goods and chattels of the debtor, shall be bound from the time they shall be seized in execution. tion, &c. SEC 474. On all judgments and decrees hereafter Stay of execurendered in any of the district courts in this territory, there shall be stay of execution or order of sale, as the case may be, as hereinafter provided. On asle of mortgaged prem SEC. 475. The order of sale on all decrees for the sale of mortgaged premises, shall be stayed for the period of one e. year from and after the rendition of such decree, whenever the defendant shall desire such stay, and shall within twenty days after the rendition of such decree, file with the clerk of such court, written request for the same: That if the defeadant make no such request within said. twenty days, the order of sale may issue immediately after the expiration thereof. Provided, Provisa On judgments. SEC. 476. Execution on all judgments hereafter rendered in said courts, shall be stayed for the period of one year from and afer the rendition thereof: Provided, The Proviso. defendant shall, within twenty days, after the judgment is obtained, show to the satisfaction of such court or the judge thereof, that he or she is the owner of real estate in the county of sufficient value, over and above incubrances, to pay such judgment. SEC. 477. On oher judgments or decrees of said courts, execution or orders of sale as the case may be, shall be stayed for the period of one year, whenever the defendant, On other Judg. ment. |
