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such adjournment, by a public declaration thereof, at the time and place previously appointed for a sale, and also by an advertisement inserted in some newspaper of this District three days at least prior to such adjourned sale.
SEC. 42. If the property levied upon shall not sell for a sum sufficient to satisfy the execution, the marshal shall make a further and sufficient levy, if sufficient property can be found, and proceed as upon the first levy, and return his proceedings thercon.
SEC. 43. The clerk, upon the return of an execution unsatisfied, shall, if required, issue another execution upon the judgment, and endorse thereon the amount of money levied by the former, if any.
SEC. 44. Upon the sale of real estate by virtue of an execution, and the payment of the purchase money, the marshal shall execute and deliver to the purchaser a deed of conveyance for the premises, which shall be valid and effectual to convey all the right, title, and interest of the execution debtor to the purchaser.
SEC. 45. In case the purchaser of any real estate upon execution, having paid the purchase money therefor, shall die before a deed of conveyance shall have been executed to him, the marshal shall convey such real estate to the heirs or devisees of the deceased person.
SEC. 46. Any officer selling without the notice prescribed by this chapter, shall forfeit and pay one hundred dollars to the party injured, in addition to his actual damages; and a person wilfully taking down or defacing the notice posted, if done before sale or the satisfaction of the judgment, (if the judgment be satisfied before sale,) shall forfeit one hundred dollars.
SEC. 47. An omission by the marshal to give the notice of sale required by law shall not affect the validity of any sale made to a purchaser in good faith without notice of such omission.
SEC. 48. Whenever the purchaser of any property sold on execution shall fail or refuse to pay the purchase money, he shall be liable, on motion to be made by the marshal or the execution plaintiff, in the proper court, five days' notice being given, to a judgment for the amount of the purchase money, and damages not exceeding ten per cent., and interest, with costs, and no stay of execution shall be allowed on the judgment; or the marshal may re-expose and sell the property on the same or any subsequent day according to law; and if the amount bid at the second sale shall not equal the amount bid
at the first sale and the costs of the second sale, the first purchaser shall be liable for the deficiency, and damages thereon not exceeding ten per cent., and interest and costs, to be recovered by a like notice and motion as before provided.
SEC. 49. When property shall be sold on execution for more than will satisfy the execution, including interest and costs, the marshal shall pay the overplus to the execution debtor of whom it was levied, or to his assigns.
SEC. 50. When the marshal has sold the property of a non-resident or other person upon an execution issued on a judgment recovered against him in a case where publication is provided for, and no personal notice of the pendency of the action was given to such defendant, the plaintiff shall not be entitled to receive any of the proceeds of such sale until he has filed in the clerk's office a written undertaking, with two sureties to be approved by the clerk, to the effect that he will refund the money about to be received by him, or so much thereof as shall be necessary, if the judgment shall afterwards be annulled or set aside, and the defendant shall show the plaintiff's claim is unfounded in whole or in part. But surety to refund shall not be required in cases of attachment.
SEC. 51. The death of the defendant, after the execution is placed in the hands of the marshal to be executed, shall not affect his pro ceedings thereon.
EXECUTIONS AGAINST THE BODY.
SEC. 52. Before any execution shall be issued upon any judgment against the body of the execution debtor, the plaintiff shall file with the clerk an affidavit, charging the debtor with fraudulently concealing, removing, conveying, or transferring his property subject to execution, with intent to defraud and delay the plaintiff, or charging that the debtor has money, rights, credits, or effects, with which the judgment, or some part thereof, might be paid, and which he fraudulently withholds, or conceals, with a view to delay or defraud the creditor.
SEC. 53. The affidavit need not designate specifically any property, moneys, or effects, fraudulently removed, transferred, concealed, conveyed, or withheld by the debtor, but the jury or court, in determining the matters in issue between the parties, if the finding be for the
creditor, shall designate, in the finding, the moneys, effects, property, debt or things in action subject to execution, which have been thus removed, concealed, transferred, conveyed, or withheld, and the value thereof.
SEC. 54. Upon the filing of the affidavit, the clerk shall issue a notice requiring the debtor to appear at the next term of the court, and show cause why such execution should not issue against him. After ten days' notice, or after the return of two notices of "not found," the court shall hear and determine the matters and things contained in the affidavit.
SEC. 55. If the debtor shall fail to appear and show cause, the court may hear and determine the same in the absence of the debtor, or a jury for that purpose may be empanneled, if desired by the creditor.
SEC. 56. If the debtor appear, and plead to the affidavit any sufficient matter to bar the issuing of the execution, and an issue be taken thereon, the same may be tried by the court, or a jury, as in other
SEC. 57. If the issue be determined against the debtor, the court, unless good cause be shown, shall forthwith order an execution against his body, subject to the rules and restrictions of the two next succeeding sections.
SEC. 58. If the debtor shall surrender such moneys, effects, property, debts or things in action, to the use and for the benefit of the creditor, or pay the value thereof, as found by the court or jury, no execution shall for that cause be issued against his body.
SEC. 59. If the debtor fail to surrender or pay, as provided in the preceding section, upon the return of such finding, an execution shall issue forthwith against his body upon the judgment.
SEC. 60. The execution against the body shall be served by arresting the defendant, and unless discharged by due course of law, committing him to jail.
SEC. 61. No female shall be imprisoned upon an execution against the body.
INSOLVENTS DISCHARGED FROM CUSTODY.
SEC. 62. Any person arrested or imprisoned on execution may discharge himself from custody by delivering to the marshal a sufficiency of property, either real or personal, to discharge the debt or damages
due on the execution, together with the interest and costs thereon; or by delivering to the marshal all the property, both real and personal, which he may have, not included in the finding of the court or jury, subject to execution, if any, together with the property, credits, and effects, included in the finding of the court or jury, and all his choses in action, if any, exceeding, with other property retained, the amount exempt by law from execution. He shall also make oath that he has no more or other property, either real or personal, subject to execution, and that he has no money, rights, credits or effects, in his possession or under his control, or in the possession or under the control of any other person for his use, exceeding, with other property retained, the amount exempt from execution, and that he has neither directly nor indirectly disposed of, transferred, or concealed any of his property, rights, credits, moneys, or effects, nor confessed or suffered any judgment, with intent to delay or defraud any of his creditors.
SEC. 63. For the purpose of enabling the defendant to take the oath, it shall be the duty of the marshal, upon the prisoner's request, to take him before some person authorized to administer an oath, who shall reduce the oath to writing, explain it to the prisoner, and cause him to be sworn to and subscribe it, and having certified the oath, deliver it to the marshal, who shall make it a part of his return by appending it to the execution.
SEC. 64. The execution creditor shall be notified of the time and place at which the oath will be taken; the notice shall be served upon. the creditor, or his agent or attorney, by the marshal. When the oath is administered, the execution creditor, his agent or attorney, may propound to the prisoner any relevant questions touching his property, moneys, rights, credits, and effects, and the person administering the oath shall reduce the questions and answers to writing, and forthwith file the same with the clerk. When the prisoner has strictly complied with the foregoing provisions he shall be discharged.
SEC. 65. Any property given up by the person under arrest shall be disposed of by the marshal in the same manner as property taken on execution against property.
SEC. 66. The marshal shall make return of all his proceedings therein, the discharge of the debtor, and the sale of the property, according to the facts, to the court.
SEC. 67. The arrest of any person who may die while in custody shall not discharge the judgment, or any lien upon property, but the same may be enforced by any legal proceedings.
SEC. 68. Any person escaping from custody may be retaken by the same or a new execution against his body, or his property may be proceeded against in the same manner as if his body had never been taken in execution.
SEC. 69. The clerk shall keep an execution docket, in which he shall enter all executions as they are issued by him, specifying in proper columns the names of the parties, the amount of the judgment, and the interest due at the issuing of the execution, and the costs, and prepare an additional column, in which he shall enter at length the return of the marshal, and such docket entries shall be taken and deemed to be a record.
SECTION 1. When an execution against the property of the judgment debtor, or any one of several debtors in the same judgment is returned unsatisfied, in whole or in part, the judgment creditor, after such return is made, shall be entitled to an order, to be issued by the court, or any judge thereof, requiring such debtor to appear and answer concerning his property before the court, or any judge thereof, at a time and place specified in such order.
SEC. 2. After the issuing of an execution against property, and upon proof by the affidavit of the judgment creditor or otherwise, to the satisfaction of the court, or any judge thereof, that the judgment