as true copies, in a book to be called the "execution book," which book must be indexed with the names of the plaintiffs and defendants in execution, alphabetically arranged, and kept open at all times during office hours for the inspection of the public without charge. It is evidence of the contents of the originals whenever they or any part thereof may be destroyed, mutilated, or lost. [C. L. § 3421. Cal. C. Civ. P. 2 683*. Return, if first officer shall die or be incapable of completing service and return, 3252. Service may be completed and return made after return day, 3253. Return of sheriff, prima facie evidence, 584. 3236. Judgment, how enforced. When the judgment is for money or the possession of real or personal property, the same may be enforced by a writ of execution; and if the judgment direct that the defendant be arrested, the execution may issue against the person of the judgment debtor, after the return of an execution against his property unsatisfied in whole or in part. When the judgment requires the sale of property, the same may be enforced by a writ reciting such judgment, or the material parts thereof, and directing the proper officer to execute the judgment by making the sale and applying the proceeds in conformity therewith. When the judgment requires the performance of any other act than as above designated, a certified copy of the judgment may be served upon the party against whom the same is rendered, or upon the person or officer required thereby or by law to obey the same, and obedience thereto may be enforced by the court. [C. L. § 3422. Cal. C. Civ. P. 2 684. Judgment directing conveyance of real property; proceeding if not delivered, 3279. Application to obtain discharge from arrest under execution, 3036-3041. 3237. Revivor of judgment. Procedure. In all cases the judgment may be enforced or carried into execution after the lapse of five years from the date of its entry by leave of the court upon motion, or by judgment for that purpose founded upon supplemental pleadings; but nothing in this section shall be construed to revive a judgment for the recovery of money which shall have been barred by limitation at the time of the taking effect of this revision. [C. L § 3423*. Cal. C. Civ. P. 2 685*. See Sup. '95, p. 21, 685. Revivor of judgment in name of purchaser after sale, ? 3268. 3238. Execution after death. Notwithstanding the death of a party after the judgment, execution thereon may be issued, or it may be enforced, as follows: 1. In the case of the death of the judgment creditor, upon the application of his executor or administrator, or successor in interest. 2. In case of the death of the judgment debtor, if the judgment be for the recovery of real or personal property or the enforcement of a lien thereon. [C. L. § 3424. Cal. C. Civ. P. 686. SUBDV. 2. But not if it be a money judgment Execution in judgment rendered against a de- for alimony. Weaver v. Pickard, 7 U. 296; 26 P. ceased during his lifetime, 3563. Judgment on verdict or decision rendered before death, 3196. 581. 3239. Execution, to whom issued. Where the execution is against the property of the judgment debtor it may be issued to the sheriff of any county in the state. Where it requires the delivery of real or personal property, it must be issued to the sheriff of the county where the property or some part thereof is situated. Executions may be issued at the same time to different counties. [C. L. $ 3425**. Cal. C. Civ. P. 2687. 3240. Property liable to execution. Personal property not affected until levy. All goods, chattels, money, and other property, both real and personal, or any interest therein of the judgment debtor not exempt by law. and all property and rights of property seized and held under attachment in the action, are liable to execution. Shares and interests in any corporation or company, and debts and credits, and all other property, both real and personal, or any interest in either real or personal property, and all other property not capable of manual delivery, may be attached on execution in like manner as on writs of attachment. Gold dust and bullion must be returned by the officer as so much money collected at its current value, without exposing the same to sale. Until a levy on personal property, it shall not be affected by the execution. [C. L. § 3426. Cal. C. Civ. P. ? 688. Sale of property previously attached to satisfy judgment, ?? 3065, 3072. 3241. Debtor of judgment debtor may pay officer. After the issuing of an execution against property, and before its return, any person indebted to the judgment debtor may pay to the officer the amount of his debt, or so much thereof as may be necessary to satisfy the execution, and the officer's receipt is a sufficient discharge for the amount paid. [C. L. § 3454. Cal. C. Civ. P. 2716. 3242. When property claimed by third person, plaintiff must indemnify officer. If the officer, by virtue of an execution issued from any court, shall levy the same on any goods and chattels claimed by any person other than the defendant, or be requested by the plaintiff to levy on any such goods and chattels, the officer may require the plaintiff to give him an undertaking with good and sufficient sureties to pay all costs and damages that he may sustain by reason of the detention or sale of such property; and until such undertaking shall be given, the officer may refuse to proceed as against such property. Kansas (1889) 4546*. EXEMPTIONS. 3243. Exemption of earnings of minor child of debtor. The earnings of any minor child of any debtor within this state and the proceeds thereof are exempt from execution against such debtor by reason of any debts or liability of such debtor, not contracted for the special benefit of such minor child. Minn. (1894) ? 5461*. 3244. Judgment for unlawfully taking exempt property, is exempt. Whenever any personal property exempt as provided in this title, is levied upon, seized, or sold by virtue of any execution, or wrongfully and unlawfully taken or detained by any person, the damages sustained by the owner thereof by reason of such levy, seizure, or sale, or unlawful detention or taking, and any judgment recovered therefor, shall be exempt from execution. Minn. (1894) 5462*. 3245. Property exempt from execution. The following property is exempt from execution, except as herein otherwise specially provided: 1. Chairs, tables, and desks, to the value of two hundred dollars, and the library belonging to the judgment debtor, also musical instruments in actual use in the family. 2. Necessary household, table, and kitchen furniture, belonging to the judgment debtor, to the value of three hundred dollars; also one sewing machine, all family hanging pictures, oil paintings, and drawings, portraits and their necessary frames; all carpets in use; provisions actually provided for individual or family use sufficient for three months; two cows with their sucking calves; two hogs with all sucking pigs; all wearing apparel of every person or family; also all beds or bedding of every person or family; provided, that if the judgment debtor be the head of a family consisting of five or more members there shall be a further exemption of two cows and their sucking calves. 3. The farming utensils or implements of husbandry of a farmer not exceeding in value the sum of three hundred dollars; also two oxen, or two horses, or two mules and their harness, one cart or wagon, also all seed, grain, or vegetables actually provided, reserved, or on hand for the purpose of planting or sowing at Amended Chap 66-1899. Chap 66-1899 Amended any time within the ensuing six months, not exceeding in value the sum of two hundred dollars; crops, whether growing or harvested, and the proceeds thereof, not exceeding in value two hundred dollars. 4. The tools, tool chest, and implements of a mechanic or artisan, necessary to carry on his trade, not exceeding in value the sum of five hundred dollars; the notarial seal and records of a notary public; the instruments and chests of a surgeon, physician, surveyor, and dentist, necessary to the exercise of their professions, with their scientific and professional libraries, and the law professional libraries and office furniture of attorneys, counselors, and judges, and the libraries of ministers of the gospel, and the typewriting machine of a stenographer, typewritist, copyist, and reporter. 5. The cabin or dwelling of a miner not exceeding in value the sum of five hundred dollars; also his sluices, pipes, hose, windlass, derrick, cars, pumps, and tools not exceeding in value five hundred dollars. 6. Two oxen, two horses, or two mules, and their harness; and a cart or wagon, one dray or truck, by the use of which a cartman, drayman, truckman, huckster, peddler, hackman, teamster, or other laborer habitually earns his living; and one horse with vehicle and harness or other equipments, used by a physician, surgeon, or minister of the gospel, in making his professional visits. 7. One-half of the earnings of the judgment debtor for his personal services, rendered at any time within sixty days next preceding the levy of execution; provided, that in no case when the earnings are one dollar a day or less, shall any part thereof be liable to execution or garnishment. 8. All money, benefits, privileges, or immunities accruing, or in any manner growing out of any life insurance on the life of the debtor, if the annual premiums paid do not exceed five hundred dollars. 9. All arms, ammunition, uniforms, and accoutrements required by law to be kept by any person. 10. All court houses, jails, public offices and buildings, schoolhouses, houses of public worship, lots, grounds and personal property appertaining thereto, the fixtures, furniture, books, papers, and appurtenances belonging and pertaining to the court house, jail, and public offices belonging to any county in this state, or for the use of schools or houses of public worship, and all cemeteries, public squares, parks, and places, public buildings, town halls, public markets, buildings for the use of fire departments and military organizations, and the lots and grounds thereto belonging and appertaining, owned or held by any town or incorporated city, or dedicated by such town or city to health, ornament, or public use, or for the use of any fire or military company, now existing, or which may be under the laws of this state hereafter organized. 11. A homestead selected or claimed as provided in the title "Homesteads " of this revision. [C. L. § 3429*; '96, pp. 213-15*. Cal. C. Civ. P. 2 690*. Exemption of homestead and appurtenances, ?? 1147-1167. An execution cannot be levied against the prop erty of the state or of a county or municipality thereof in the absence of a statute expressly granting such right. Emery Co. v. Burresen, 14 U. 328; 47 P. 91. 3246. Six months' food for exempt animals is exempt. Whenever by the provisions of this chapter animals are exempted from execution, the necessary food for all such animals for six months' support, either provided or growing, or both, as the debtor may elect, shall be exempt from execution. L. § 3429*; '96, p. 213*. Cal. C. Civ. P. 2 690*. [C. 3247. All property liable for purchase price, mortgages, taxes, etc. Non-residents not exempt. No article or species of property mentioned in this chapter or in the title "Homesteads" is exempt from execution issued upon a judgment recovered for its purchase price, or any portion thereof, or upon a judgment on foreclosure of a mortgage or mechanic's or laborer's lien thereon, nor exempt from sale for taxes. None of such exemptions are for the benefit of · non-residents or persons about to depart from this state with the intention of removing their effects therefrom, but their property is liable to execution with the exception of ordinary wearing apparel. [C. L. § 3429*. Cal. C. Civ. P. 2 690*. Homestead subject to execution, when, 1156. LEVY AND SALE. 3248. Writ executed by levy, sale, etc. Disposition of proceeds. The officer must execute the writ against the property of the judgment debtor by levying on a sufficient amount of property, if there be sufficient; collecting or selling the things in action, and selling the other property, and paying to the plaintiff, or his attorney, so much of the proceeds as will satisfy the judgment; any excess in the proceeds over the judgment and accruing costs must be returned to the judgment debtor, unless otherwise directed by the judgment or order of the court. When there is more property of the judgment debtor than is sufficient to satisfy the judgment and accruing costs within view of the officer, he must levy only on such part of the property as the judgment debtor may indicate, if the property indicated be amply sufficient to satisfy the judgment and costs. [C. L. § 3430. Cal. C. Civ. P. 7 691. Omission of sheriff excused only when direction of party or attorney is in writing, 591. Liability for failure to levy and sell, 586. Liability for failure to pay over money, ¿ 587. Where a sale under an alias execution issued for the full amount of the judgment, without deducting an amount equal to more than half thereof realized upon the first execution; and on this sale property in excess of the amount remaining unpaid was sold, and the excess was paid over; held, that the levy and sale was absolutely void. Young v. Schroeder, 10 U. 155; affirmed, Schroeder v. Young, 161 U. S. 331. Punitive damages may be given against an officer for unlawful, malicious, and oppressive trespass in seizing property on execution. Farr v. Swigart, 13 U. 150; 44 P. 711. In a suit for damages against an officer for seizing property in defendant's possession under an execution fair on its face, the officer may justify without producing the judgment, though he knew of irregularities or defects that rendered it voidable; otherwise if he knew the judgment was void. Hamner v. Ballantyne, 13 U. 325; 44 P. 704. 3249. Notice of sale, how given. Form. Before the sale of the property on execution, notice thereof must be given as follows: 1. In case of perishable property, by posting written notice of the time and place of sale in three public places of the precinct or city where the sale is to take place, for such a time as may be reasonable, considering the character and condition of the property. 2. In case of other personal property, by posting a similar notice in three public places of the precinct or city where the sale is to take place, for not less than five, nor more than ten days. 3. In case of real property, by posting a similar notice, particularly describing the property, for twenty days, in three public places of the precinct or city where the property is situated, and also where the property is to be sold, and publishing a copy thereof once a week for the same period in some newspaper published in the county, if there be one; which notice shall be substantially as follows: Any sheriff publishing a notice not in accordance with this form, and which shall cost more than said notice, shall not be entitled to any costs for the publication of the same, but shall be personally liable for the payment of such publication. 4. When the judgment under which the property is to be sold is made pay able in a specified kind of money or currency, the kind of money or currency in which bids may be made at such sale must be stated in the several notices required by this section immediately following the description of the property, and shall be substantially as follows: "Purchase price payable in (here insert the kind of money or currency specified in the judgment)." [C. L. § 3431*. Cal. C. Civ. P 692*. 3250. Penalties for selling without notice. Interfering with notice. An officer selling without the notice prescribed by the last section, forfeits five hundred dollars to the aggrieved party, in addition to his actual damages: and a person wilfully taking down or defacing the notice posted, if done before the sale or the satisfaction of the judgment, if the judgment be satisfied before sale, forfeits five hundred dollars. [C. L. § 3432. Cal. C. Civ. P. 693. 3251. Officer may postpone sale. Notice. If, at the time appointed for the sale of any real or personal property on execution, the officer shall deem it expedient and for the interest of all persons concerned, to postpone the sale for want of purchasers or other sufficient cause, he may postpone the same from time to time until the same shall be completed; and in every such case he shall make public declaration thereof at the time and place previously appointed for the sale, and if such postponement be for a longer time than twenty-four hours, notice thereof shall be given in the same manner as the original notice of such sale is required to be given. [C. L. § 3433. 3252. Death or incapacity of officer not to affect sale, etc. Certificate. When an officer shall have begun to serve an execution, and shall die, or be incapable of completing the service and return thereof, the same may be completed by any other officer who might by law have executed the same if originally delivered to him; and if the first officer shall not have made a certificate of his doings, the second officer shall certify whatever he shall find to have been done by the first and shall add thereto a certificate of his own doings in completing the service. [C. L. § 3434. 3253. Service begun may be completed after return day. When an officer shall have begun to serve an execution issued out of any court of record on or before the return day of such execution, he may complete the service and return thereof after such return day. [C. L. § 3435. Execution returnable, when, ? 3235. 3254. Execution sale, how conducted. Officer not to purchase. Debtor may direct. All sales of property under execution must be made at auction to the highest bidder, between the hours of nine in the morning and five in the afternoon. After sufficient property has been sold to satisfy the execution, no more can be sold. Neither the officer holding the execution nor his deputy can become a purchaser, or be interested in any purchase at such sale. Wheu the sale is of personal property, capable of manual delivery, it must be within view of those who attend the sale, and be sold in such parcels as are likely to bring the highest price; and when the sale is of real property, and consisting of several known lots or parcels, they must be sold separately; or when a portion of such real property is claimed by a third person, and he requires it to be sold separately, such portion must be thus sold. All sales of real property must be made at the court house of the county in which the property, or some part thereof, is situated. The judgment debtor, if present at the sale, may also direct the order in which the property, real or personal, shall be sold, when such property consists of several known lots or parcels, or of articles which can be sold to advantage separately, and the officer must follow such directions. [C. L. § 3436. Cal. C. Civ. P. ? 694*. Where two lots of land were offered for sale, first separately and no bids were made, and then were offered together, and bid in for the judgment; held, |