sureties or bail. And the clerk of the court aforesaid shall issue execution on such judgment, commanding the sheriff or other officer to cause the money to be made of the goods and chattels, lands and tenements, of the principal debtor, but for want of sufficient property of the principal debtor to make the same, that he cause the same to be made of the goods and chattels, lands and tenements, of the surety or bail. In all cases the property, both personal and real, of the principal debtor, within the jurisdiction of the court, shall be exhausted before any of the property of the surety or bail shall be taken in execution.

SEC. 512. [Appraisers-Fees-Refusal to serve.]-Each freeholder, summoned to appraise real state under the provisions of this chapter, shall be allowed and receive for his services the sum of fifty cents, for each day he may be so engaged as such appraiser, to be collected on the execution, by virtue of which the property appraised was levied on, if claimed at the time of making the return of such appraisement. And when any freeholder, summoned as aforesaid, shall fail to appear at the time and place appointed by the officer, and discharge his duty as appraiser, he shall, on complaint being made to any justice of the peace of the precinct in which such freeholder resides, forfeit and pay the sum of fifty cents for every such neglect, unless he can render a reasonable excuse. Such sum shall be collected by said justice, and paid into the county treasury for the use of the county.

SEC. 513. [Sheriff-Neglect of duty.]-If any sheriff or other officer shall refuse or neglect to execute any writ of execution to him directed, which has come to his hands; or shall neglect or refuse to sell any goods and chattels, lands, and tenements; or shall neglect to call an inquest and return a copy thereof forthwith to the clerk's of fice; or shall neglect to return any writ of execution to the proper court, on or before the return day thereof; or shall neglect to return a just and perfect inventory of all and singular the goods and chattels by him taken in execution, unless the said sheriff or other officer shall return, that he has levied and made the amount of the debt, damages, and costs; or shall refuse or neglect on demand to pay over to the plaintiff, his agent, or attorney of record, all moneys by him collected or received, for the use of said party, at any time after collecting or receiving the same, except as provided in section four hundred and ninety-eight; or shall neglect or refuse, on demand made by the defendant, his agent, or attorney of record, to pay over all moneys by him received for any sale made, beyond what is sufficient to satisfy the writ or writs of execution, with interest and legal costs, such sheriff or other officer shall, on motion in court and two days notice thereof in writing, be amerced in the amount of said debt, damages, and costs, with ten per centum thereon, to and for the use of said plaintiff or defendant, as the case may be.

SEC. 514. [Clerk-Neglect of duty-Amercement.]-If any clerk of a court shall neglect or refuse, on demand made by the person entitled thereto, his agent or attorney of record, to pay over all money by him received, in his official capacity, for the use of such person, every such clerk may be amerced; and the proceedings against him and his sureties shall be the same as provided for in the foregoing section against sheriffs and their sureties.

SEC. 515. [Amercement-Amount.]-When the cause of amercement is for refusing to pay over money collected as aforesaid, the said sheriff or other officer shall not be amerced in a greater sum than the amount so withheld, with ten per centum thereon.

SEC. 516. [Execution to another county-Return by mail.]—When SEC. 513. Cited 5 Neb. 43. Jurisdiction of county court; order, reviewable by petition in error; sembie justices of the peace have no power to amerce. 11 Neb. 473. Sureties on bond are liable in action on judgment of: action may be brought in county where amercement was had. 14 Neb. 535. As to penalty provided in section, quære. 18 Neb. 230. Right of, on failure to return execution; inquiry permitted whether debt could have been collected, and whether its collection has been prejudiced by acts of defendant. Id. 230. 19 Id. 155. The actual loss sustained by plaintiff in value or availabilty of security by reason of act or negligence of defendant is measure of damages. Id. All legal facts necessary and proper to prove or disprove such damages may be pleaded and proved. Id. SEC. 514. Receipt of money by clerk of court. 13 Neb. 569.

execution shall be issued in any county in this state, and directed to the sheriff or coroner of another county, it shall be lawful for such sheriff or coroner having the execution, after having discharged all the duties required of him by law, to inclose such execution, by mail, to the clerk of the court who issued the same. On proof being made by such sheriff or coroner that the execution was mailed soon enough to have reached the office where it was issued within the time prescribed by law, the sheriff or coroner shall not be liable for any amercement or penalty, if it do not reach the office in due time.

SEC. 517. [Money made-How returned by mail.]-No sheriff shall forward by mail any money made on any such execution, unless he shall be specially instructed to do it by the plaintiff, his agent, or attorney of record. In all cases of a motion to amerce a sheriff or other officer of any county other than the one from which the execution issued, notice in writing shall be given to such officer, as hereinbefore required, by leaving it with him, or at his office, at least fifteen days before the first day of the term at which such motion shall be made, or by transmitting the notice by mail at least sixty days prior to the first day of the term at which such motion shall be made. All amercements, so procured, shall be entered on the record of the court, and shall have the same force and effect as a judgment.

SEC. 518. [Surety of officers-Party to amercement.]-Each and every surety of any sheriff or other officer may be made a party to the judgment as rendered as aforesaid, against the sheriff or other officer, by action, to be commenced and prosecuted as in other cases. But the goods and chattels, lands and tenements of any such surety shall not be liable to be taken on execution, when sufficient goods and chattels, lands and tenements of the sheriff or other officer, against whom execution may be issued, can be found to satisfy the same. Nothing herein contained shall prevent either party from proceeding against such sheriff or other officer by attachment, at his election.

SEC. 519. [Same-Benefit of uncollected judgment.]-In cases where a sheriff or other officer may be amerced, and shall not have collected the amount of the original judgment, he shall be permitted to sue out an execution, and collect the amount of said judgment in the name of the original plaintiff, for his own use.

EXEMPTIONS.

SEC. 520. [Repealed 1875, 88.]

SEC. 521. [Personal property of head of family.]—All heads of families who have neither lands, town lots, or houses subject to exemption as a homestead, under the laws of this state, shall have exempt from forced sale on execution the sum of five hundred dollars in personal property.

SEC. 522. [Same-How obtained.]-Any person desiring to avail himself of the exemption as provided for in the preceding section, must file an inventory, under oath, in the court where the judgment is obtained, or with the officer holding the execution, of the whole of the personal property owned by him or them at any time before the sale of the property; and it shall be the duty of the officer to whom the execution is directed to call to his assistance three disinterested freeholders of the county where the property may be, who, after being duly sworn by said officer, shall appraise said property at its cash value.

SEC. 521. Resident aliens entitled to exemption. 2 Neb. 9. Partnership property; not exempt. 3 Neb. 262. 7 Id. 136. 9 Id. 45. Not applicable to owner of homestead. 7 Neb. 185. Even though it be mortgaged for all it is worth. 13 Neb. 321. 17 Id. 531. Property may be claimed at any time before sale. 12 Neb. 627. 13 Id. 206, Giving of re-delivery undertaking to officer levying does not waive exemption. 15 Neb. 439. The exemption of five nundred dollars in personal property in favor of a judgment debtor, in lieu of a homestead, must depend upon the filing of the inventory as provided by section 522, and the selection of property claimed by the debtor to be exempt. 21 Neb, 543. Replevin cannot be maintained against an officer for property levied upon and claimed to be exempt until after the inventory is filed and the appraisement and selection made. Id. In case stated. Held. That money in the hands of garnishee was exempt from seizure. 25 Neb. 657. Wife head of family, husbonda sent, support of family dependent on her. 26 Neb. 240. 10 Id. 115. Cited 27 Neb. 501. A judgment is personal property. 33 Id. 790. Wife supporting family. 32 Id. 525. Wife of abandoned husband. 31 Id. 462.

SEC. 522. Officer should appraise property on filing of inventory of debtor under oath, and if value do not ex. ceed amount of exemption, release it at once; officer cannot question correctness of inventory. 2 Neb. 9. 6 Id. 92. Duty of o fest to son mi e pron "ty an if value do not exceed amount of exemption return it to owner; mandamus lies to compel officer to act, or debtor may bring action against him or enjoin sale 25 Neb. 617.

Nab 501.

SEC. 523. [Same.]-Upon such inventory and appraisement being completed, the defendant in execution, or his authorized agent, may select from such inventory an amount of such property, not exceeding, according to such appraisal, the amount of value herein exempted, but if neither such defendant, nor his agent shall appear and make such selection, the officer shall make the same for him.

SEC. 524. [From taxation.]-Nothing in this subdivision shall be considered as exempting any real or personal property from levy and sale for taxes.

SEC. 525-528.* [Repealed 1875, 48.]

SEC. 529. [Same.]—Nothing in this subdivision shall be considered as exempting any real estate from taxation or sale for taxes.

SEC. 530. [Articles of personalty.] — No property hereinafter mentioned shall be liable to attachment, execution, or sale, on any final process issued from any court in this state, against any person being a resident of this state and the head of a family. First-The family bible. Second-Family pictures, school books, and library for the use of the family. Third-A seat or pew in any house or place of public wor ship. Fourth-A lot in any burial ground. Fifth-All necessary wearing apparel of the debtor and his family. All beds, bedsteads, and bedding necessary for the use of such family. All stoves and appendages put up or kept for the use of the debtor and his family not to exceed four. All cooking utensils, and all other household furniture not herein enumerated, to be selected by the debtor, not exceeding in value one hundred dollars. Sixth-One cow, three hogs, and all pigs under six months old, and if the debtor be at at the time actually engaged in the business of agriculture, in addition to the above, one yoke of oxen, or a pair of horses in lieu thereof; ten sheep, and the wool therefrom, either in the raw material or manufactured into yarn or cloth; the necessary food for the stock mentioned in this section, for the period of three months; one wagon, cart, or dray, two plows, and one drag; the necessary gearing for the team herein exempted; and other farming implements not exceeding fifty dollars in value. SeventhThe provisions for the debtor and his family necessary for six months' support, either provided or growing, or both, and fuel necessary for six months. Eighth-The tools and instruments of any mechanic, miner, or other person, used and kept for the purpose of carrying on his trade or business. The library and implements of any professional All of which articles hereinbefore intended to be exempt, shall be chosen by the debtor, his agent, clerk, or legal representative, as the case may be.

man.

SEC. 531. [Wages-Money due from attorney-Necessaries.]— Nothing in this chapter shall be so construed as to exempt any property in this state from execution or attachment for clerks', laborers', or mechanics' wages for money due and owing by any attorney at law for money or other valuable consideration received by said attorney for any person or persons; nor shall anything in this chapter be construed to exempt from execution or attachment property of the value of more than five hundred ($500) dollars for any debt contracted by any person in the purchase of the actual necessaries of life for himself or family or for any person or persons, who were at the time of contracting such debt dependent upon such person purchasing the same for sup port; Provided, That where the debt contracted therefor shall be deemed the debt of both husband and wife; And provided further, That nothing herein contained shall be construed to exempt in the aggregate more than five hundred dollars worth of personal property to both husband and wife. [Laws 1887, chap. 95. Took effect July 1, 1887.]

SEC. 531 a. [Same-Mechanic's wages.]-The wages of laborers, mechanics, and clerks who are heads of families, in the hands of those by whom such laborers,

* Homestead exemption. See chap. 36, ante.

SEC. 530. These exemptions in addition to others. 7 Neb. 186. 10 Neb. 434. A "team" of mules is exempt. Neb. 92. If husband abscond, wife has the benefit. 10 Neb. 117. See also 11 Id. 390. 12 Id. 430, 627. 13 ld. 4, 40% 15 Id. 439. Professional man may not be head of family. 3 Id 6×3. Exempt property not subject to fraudulent sale. 34 Id. 649. Contractors not protected. 54 W. R. 87. Wages of traveling salesman exempt. 32 ld 845. Exemption absolute. 19 Id. 175. 22 Id. 189. 32 Id. 107. Supplies for boarding house not necessaries. 32 Id. 107.

SEC. 531. Construing this section and 531 a together, Held, That money which is absolutely exempt, such as the wages of laborers who are heads of families, for sixty days, not subject to fraudulent alienation. and the fact that such wages are exempt is a complete defense to any proceeding to apply them to the payment of a judgment against the debtor. 22 Neb. 190.

SEC. 531 a. "An act to exempt laborers', mechanics', and clerks' wages in the hands of employers, from execution, attachment, and garnishee process." 1869, 170, as amended Feb. 25, 1873. G. S. 715. The wages of a laborer

mechanics, or clerks may be employed, both before and after such wages shall be due, shall be exempt from the operation of attachment, execution, and garnishee process; Provided, That not more than sixty days' wages shall be exempt; Provided further, That nothing in this act shall be so construed as to protect the wages of persons who have or are about to abscond or leave the state from the provisions of law now in force upon that subject; Provided further, That nothing in this act shall be so construed as to permit the attachment of sixty days wages in the hands of the employer. [G. S. 715.]

SEC. 531 b. [Exemptions-Pension moneys.]-That in addition to the exemptions now provided for by the code of civil procedure, there shall also be exempt from levy and sale upon execution or attachment, to every resident of the state of Nebraska, who became disabled in the service of the United States as a soldier, sailor, or marine, all pension money hereafter received and all property hereafter purchased and improved exclusively therewith, not exceeding two thousand ($2,000) dollars in value, of and belonging to such soldier, sailor, or marine. [Laws 1887, chap. 101.]

SEC. 531 c. [Attachment and garnishment of exempt wages.] ---That it be, and is hereby declared, unlawful for any creditor of, or other holder of any evidence of debt, book account, or claim of any name or nature against any laborer, servant, clerk, or other employe of any corporation, firm, or individual, in this state, for the purpose below stated, to sell, assign, transfer, or by any means dispose of any such claim, book account, bill, or debt of any name or nature whatever, to any person or persons, firm, corporation, or institution, or to institute in this state or elsewhere, or prosecute any suit or action for any such claim or debt against any such laborer, servant, clerk, or employe by any process seeking to seize, attach, or garnish the wages of such person or persons earned within sixty days prior to the commencement of such proceeding, for the purpose of avoiding the effect of the laws of the state of Nebraska concerning exemptions. [Laws 1889, chap. 25.]

SEC. 531 d. [Same.]-That it is hereby declared unlawful for any person or persons to aid, assist, abet, or counsel a violation of section one of this act for any purpose whatever.

SEC. 531 e. [Evidence.]-In any proceeding, civil or criminal, growing out of a breach of sections one or two of this act, proof of the institution of a suit, or service of garnishment summons by any persons, firm, or individual, in any court of any state or territory other than this state or in this state to seize by process of garnishment or otherwise, any of the wages of such persons as defined in section one of this act, shall be deemed prima-facie evidence of an evasion of the laws of the state of Nebraska and a breach of the provisions of this act on the part of the creditor or resident in Nebraska causing the same to be done.

SEC. 531 f. [Penalty.]-Any persons, firm, company, corporation, or business institution guilty of a violation of sections one or two of this act shall be liable to the party injured through such violation of this act, for the amount of the debt sold, assigned, transferred, garnished, or sued upon, with all costs and expenses and a reasonable attorney's fee, to be recovered in any court of competent jurisdiction in this state; and shall further be liable by prosecution to punishment by a fine not exceeding the sum of two hundred dollars and costs of prosecution.

PROCEEDINGS IN AID OF EXECUTION.

SEC. 532. [Interest of debtor subjected.]—Where a judgment debtor

-who is the head of a family-earned within sixty days prior to the service of garnishee process, are not liable to garnishment in the hands of his employer for the satisfaction of a debt for the wages of another laborer. 22 Neb. 754. Creditor of debtor not subject to garnishment in foreign state, exemption will continue in this state in case an action is brought on claim. 19 Neb. 181. Exemption of laborers' wages extends to non-residents. Id. 182. Laborer may maintain action against creditor for wages wrongfully appropriated by garnishee process, unless he waive right of exemption. 17 Neb. 206.

SEC. 531 b. "Au act to exempt from levy and sale on execution or attachment, all pension money and property purchased and improved exclusively therewith of the soldiers, sailors, and marines who were disabled in the service of the United States." Laws 1887, chap. 101. Took effect July 1, 1887.

SECS. 531 c-f. "An act to provide for the better protection of the earnings of laborers, servants, and other employes of corporations, firms, or individuals engaged in inter-state business." Passed and took effect March 29, 1889. Laws 1889, chap. 25

has not personal or real property subject to levy on execution, sufficient to satisfy the judgment, any interest which he may have in any banking, turnpike, bridge, or other joint stock company, or any interest he may have in any money, contracts, claims, or choses in action, due or to become due to him, or in any judgment or decree, or any money, goods, or effects which he may have in possession of any person, body-politic, or corporate, shall be subject to the payment of such judgment by proceedings in equity, or as in this chapter prescribed.

SEC. 533. [Order to disclose property.]-When an execution against the property of a judgment debtor, or one of the several debtors in the same judgment, is issued to the sheriff of a county where he resides, or, if he do not reside in the state, to the sheriff of the county where the judgment was rendered, or a transcript of a justice's judgment has been filed, is returned unsatisfied in whole or in part, the judgment creditor is entitled to an order from a probate judge or a judge of the district court of the county to which the execution was issued, requiring such debtor to appear and answer concerning his property, before such judge, or referee appointed by such judge, at a time and place specified in such order, within the county to which the execution was issued.

SEC. 534. [Same-How obtained.]-After the issuing of an execution against property, and upon proof by affidavit of the judgment creditor or otherwise, to the satisfaction of the district court, or a judge thereof, or a probate judge of the county in which the order may be served, that the judgment debtor has property which he unjustly refuses to apply towards the satisfaction of the judgment, such court or judge may, by order, require the judgment creditor to appear at a time and place in said county to answer concerning the same. And such proceedings may thereupon be had for the application of the property of the judgment debtor towards the satisfaction of the judg ment as are prescribed in this chapter.

SEC. 535. [Same-Arrest of debtor.]—Instead of the order requiring the attendance of the judgment debtor, as provided in the last two sections, the judge may, upon proof to his satisfaction, by affidavit of the party, or otherwise, that there is danger of the debtor leaving the state or concealing himself to avoid the examination herein mentioned, issue a warrant, requiring the sheriff to arrest him and bring him before such judge within the county in which the debtor may be arrested. Such warrant can be issued only by a probate judge or a judge of the district court of the county in which such debtor resides or may be arrested. Upon being brought before the judge, he shall be examined on oath, and other witnesses may be examined on either side, and if on such examination it appear that there is danger of the debtor leaving the state, and that he has property which he unjustly refuses to apply to such judgment, he may be ordered to enter into an undertaking, in such sum as the judge may prescribe, with one or more sureties, that he will from time to time attend for examination before the judge or referee as shall be directed. In default of entering into such undertaking, he may be committed to the jail of the county by warrant of the judge, as for a contempt.

SEC. 536. [Criminating answers.]-No person shall, on examination pursuant to this chapter, be excused from answering any question on the ground that his examination will tend to convict him of a fraud, but his answer shall not be used as evidence against him in a prosecution for such fraud.

SEC. 537. [Payment by debtor's debtor.]—After the issuing of execution against property, any person indebted to the judgment debtor may pay to the sheriff the amount of his debt, or so much thereof as may be necessary to satisfy the execution, and the sheriff's receipt shall be a sufficient discharge for the amount so paid or directed to be credited by the judgment creditor on the execution.

SEC. 538. [Examination of debtor's debtor.]-After the issuing or return of an execution against property of the judgment debtor, or of any one of several debtors in the same judgment, and upon proof by affidavit or otherwise, to the satisfaction of the judge, that any person or corporation has property of such judgment debtor,