Page:1862 Territory of Dakota Session Laws.pdf/150

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CHAP. VIII.]
CIVIL PROCEDURE.
133

What may be applied in satisfaction of judgement.Sect. 479. The judge may order any property of the judgment debtor, not exempt by law, in the hands of either himself or any other person or corporation, or due to the judgment debtor, to be applied towards the satisfaction of the judgment; but the earnings of the debtor for his personal services, at any time within three months next preceding the order, cannot be so applied, where it is made to appear, by the debtor's affidavit or otherwise, that such earnings are necessary for the use of a family supported wholly or partly by his labor.

Judge may appoint receiver.Sect. 480. The judge may also, by order, appoint the sheriff of the proper county, or other suitable person, a receiver of the property of the judgment debtor, in the same manner and with the like authority as if the appointment was made by the court. The judge may also, by order, forbid a transfer or other disposition of the property of the judgment debtor, not exempt by law, and any interference therewith.

If sheriff is appointed receiver.Sect. 481. If the sheriff shall be appointed receiver, he and his sureties shall be liable to his official bond for the faithful discharge of his duties as such receiver. If any other person shall be appointed receiver, he shall give a written undertaking in such sum as shall be prescribed by the judge, with one or more sureties, to the effect that he will faithfully discharge his duties of receiver, and he shall also take an oath to the same effect, before acting as such receiver. The undertaking mentioned in this section shall be to the Territory of Dakota, and actions may be prosecuted for a breach thereof, by any person interested, in the same manner as upon a sheriff's official bond.

Proceedings may be continued.Sect. 482. The judge or referee, acting under the provisions of this chapter, shall have power to continue his proceedings from time to time until they are completed.

Judge may order referee to report on facts.Sect. 483. The judge may, in his discretion, order a reference to a referee agreed upon or appointed by him, to report the evidence of the facts.

If orders of judge or referee are disobeyed.Sect. 484. If any person, party, or witness, disobey an order of the judge or referee, duly served, such person, party, or witness may be punished by the judge as for contempt.

Orders to be in writing and signed. To be filed.Sect. 485. The orders to judgment debtors and witnesses, provided for in this chapter, shall be in writing and signed by