paying or contributing, shall be entitled to the benefit of the judg- TITLE 2. ment to enforce contribution or repayment, if, within thirty days after his payment, he file with the clerk of the court where the judgment was rendered, notice of his payment and claim to contribution or re-payment; upon filing such notice, the clerk shall make an entry thereof in the margin of the docket where the judgment is entered. TITLE II. Proceedings Supplementary to the Execution. SEC. 35. Order to examine judgment debtor. 36. Examination of judgment debtor. 37. When judge may issue warrant to arrest debtor. 38. Sheriff's receipt, when a discharge to debtor of judgment debtor. 39. When garnishee may be summoned to appear and answer. 40. Creditor may exhibit allegations to garnishee. 41. Answer of garnishee, consequence of default. 42. Judgment against garnishee. 43. When creditor may except to garnishee's answer. 44. Creditor may deny such answer, and issue thereon. 45. Judgment against garnishee: his allowance for trouble. 46. When garnishce may discharge himself. 47. Examination of judgment debtor or claimant. amine judg 51. Public officer not liable to answer as garnishee. SEC. 35. After the issuing of an execution against property, and Order to exupon proof by affidavit of a party, or otherwise, to the satisfaction ment debtor. of the District Court, or any judge thereof, that the judgment debtor has property or effects which he unjustly refuses to apply towards the satisfaction of the judgment, such court or judge may, by an order, require the judgment debtor to appear and answer under oath concerning the same, before such court or judge, or before a referee appointed by such court or judge, at the time and place specified in the order, the place to be within the county in which the judgment debtor resides; and disobedience to such order may be punished as for a contempt. SEC. 36. The judgment debtor, on his appearance, may be ex- Examination amined on oath concerning his property, and his answers reduced to writing, and filed with the clerk of the court by whom the execution was issued. Either party may also examine witnesses in his behalf, and if, during such examination, any property, rights or credits of such judgment debtor, not exempt by law, be discovered, they may be levied upon by execution. war rest debtor. ar SEC. 37. Instead of the order requiring the attendance of the Judge may judgment debtor, as provided in the last two sections, the court or rant to judge may, upon proof, by affidavit of a party or otherwise, to his satisfaction, that there is danger of the debtor leaving the territory, or concealing himself, and that there is reason to believe he has property which he unjustly refuses to apply to such judgment, issue a warrant requiring the sheriff of any county where such debtor may be, to arrest him and bring him before the court or judge; upon being brought before the court or judge, he may be examined on oath, and if it then appear that there is danger of the TITLE 2. debtor leaving the territory, and that he has property which he has unjustly refused to apply to such judgment, he may be ordered to enter into an undertaking with one or more sureties, that he will from time to time attend before the court or judge, as may be directed, and that he will not, during the pendency of the proceedings, dispose of any portion of his property not exempt from execution. In default of entering into such undertaking, he may be committed to prison by warrant of the judge. Sheriff's re ceipt, when a SEC. 38. After the issuing of execution against property, any discharge. 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. Examination of persons, ed to judg nishce may be moned to an. swer, &c. SEC. 39. After the issuing or return of an execution against prop&c., indebt-erty of a judgment debtor, or of any one of several debtors in the ment debtor. same judgment, and upon an affidavit that any person or corpora When gar tion has property of such judgment debtor, or is indebted to him sum-in an amount exceeding twenty-five dollars, the District Court, or any judge thereof, may, by an order, require such person or corporation, or any officer or member thereof, to appear at a specified time and place, before such court or judge, or a referee appointed by such court or judge, and answer concerning the same. If before a referee, the examination shall be taken by the referee, and certified to the court or judge. The court or judge may also, in their discretion, require notice of such proceeding to be given to any party to the action, in such manner as may seem to him Allegations, &c. of credit nishee. proper. SEC. 40. At any time after the making of such order, the judg or to garment creditor may exhibit written allegations and interrogatories touching the property, stock or credits of the judgment debtor in the possession of, or held by such person or corporation as garnishee, or debts owing to the judgment debtor by him or it, and such garnishee shall be required to make full, direct and true answers to the same on oath. Answer of SEC. 41. On the day when the garnishee shall be required to garnishee. attend before the court, judge, or referee, he shall exhibit, on oath, his answer to the allegations and interrogatories of the judgment creditor, unless, for cause shown, a further time shall be allowed; in default of such answer the judgment creditor may take judg ment by default against him, or the court or judge may punish him as for contempt. Judgment. Creditor to nishee's an swer. SEC. 42. Such judgment by default may be proceeded on to final judgment, in like manner as actions against defendants; but no final judgment shall be rendered against the garnishee for a greater amount than that specified in the execution. SEC. 43. The judgment creditor may except to the answer of gar- any garnishee for insufficiency, and if the same shall be judged insufficient, the court or judge may allow the garnishee to amend his answer, in such time and upon such terms as shall be just; or the judgment creditor may take judgment by default, or move the court or judge to attach the body of the garnishee to compel a suf-_TITLE 2. ficient answer. swer. SEC. 44. The judgment creditor may deny the answer of the Denial of angarnishee in whole or in part, and the issue shall be tried as ordinary issues between plaintiff and defendant. If the answer of the garnishee be not excepted to or denied, in such time as the court or judge may deem proper, it shall be taken to be true and suffi cient. his allow ance SEC. 45. If by the answer not excepted to nor denied, or if Judgment upon against trial it shall appear that the garnishee is possessed of property or garnishee; effects of the judgment debtor, or is indebted to him, the value of such property or effects, or of the debt, being ascertained, judgment trouble. may be rendered against the garnishee for the proper amount in money, but if such debt be not yet due, execution shall not be awarded against the garnishee until it becomes due; and in such cases the court may make him a reasonable allowance for his trouble in answering, to be paid out of the fund in his hands. for gar nishee may himself. SEC. 46. Whenever any property, effects, money or debts, be- How longing or owing to the judgment debtor, shall be confessed or discharge found by the court, judge, referee or jury, to be in the possession of the garnishee, he may, at any time before final judgment, discharge himself by delivering the same to the sheriff. of debtor. SEC. 47. The judgment debtor or claimant may be required to Examination attend before the court, judge or jury, for the purpose of giving any necessary information respecting the property or effects alleged to be in the possession of the garnishee, and may be thereupon examined on oath concerning the same. of creditor and SEC. 48. In all cases of controversy between the judgment credi- Costs tor and garnishee, the parties may be adjudged to pay or recover garnishee. costs, as in ordinary cases between plaintiff and defendant. SEC. 49. Execution may be issued to collect any judgment ren- Execution dered against a garnishee, as in ordinary cases of judgment against het gar - defendants. against earnings empt. of SEC. 50. The earnings of a judgment debtor for personal services, Certain at any time within sixty days next preceding the judgment against judgment a garnishee, shall not be included in such judgment, when it shall debtor, exbe made to appear by the affidavit of the judgment debtor, or otherwise, that such earnings are necessary for the use of a family, supported wholly or partly by his labor. not lia SEC. 51. No territorial or county treasurer, sheriff, constable, or Public offother public officer, shall be liable to answer as garnishee for mo-ble to anneys in his possession as such public officer, belonging to, or claimed by any judgment debtor. swer as garnishee. TITLE 1. Competency of witness. 7 Barb. 120; 2 Sanf. 686, 657. TITLE I. TITLE II. TITLE IV. CHAPTER IV. OF EVIDENCE. Of the Competency of Witnesses. Of the Manner of Compelling the Attendance of Witnesses. Of Depositions taken in the Territory. Of Provisions Relating to Records, Documents and other TITLE I Of the Competency of Witnesses. SEC. 1. Want of religious belief not to disqualify. 2. No person to be excluded on account of interest. 4. Conviction for crime to affect credibility only. 6. Certain persons not to be examined. SECTION 1. No person, if otherwise competent, shall be disqualified from being a witness on account of the want of religious belief. SEC. 2. No person offered as a witness shall be excluded from giving evidence by reason of his interest in the event of the action. SEC. 3. The last section shall not apply to a party to the action, 782; 14 Barb. nor to any person for whose immediate benefit it is prosecuted or defended. When an assignor of a thing in action or contract is examined as a witness, on behalf of any person deriving title through or from him, the adverse party may offer himself as a witness to the same matter in his own behalf, and he shall be so received. But such assignor shall not be admitted to be examined in behalf of any person deriving title through or from him, against any executor or administrator. Conviction for crime affects SEC. 4. No person offered as a witness shall be excluded from wit- giving evidence, by reason of conviction for crime, but such conBess credi-viction may be shown to affect his credibility. bility. competent Persons in- SEC. 5. The following persons shall not be competent to testify: 1. Those who are of unsound mind, or intoxicated at the time of their production for examination; to testify. 2. Children under ten years of age, who appear incapable of receiving just impressions of the facts respecting which they are examined, or of relating them truly; 3. Negroes, mulattoes and Indians, or persons having one-half or more of Indian blood, in an action or proceeding to which a white person is a party. Persons not SEC. 6. In order to encourage confidence, and to preserve it inined. violate, the following persons shall not be examined as witnesses: to be exam 1. A husband shall not be examined for or against his wife, nor TITLE 2. a wife for or against her husband; nor can either, during marriage or afterwards, be, without the consent of the other, examined' as to any communication made by one to the other during marriage. But this exception shall not apply to a civil action or proceeding by one against the other; nor to a criminal action or proceeding for a crime committed by one against the other; 2. An attorney or counsellor shall not, without the consent of his client, be examined as to any communication made by the client to him, or his advice given thereon in the course of professional employment; 3. A clergyman or priest shall not, without the consent of the person making the confession, be examined as to any confession made to him in his professional character, in the course of discipline enjoined by the church to which he belongs; 4. A regular physician or surgeon shall not, without the consent of his patient, be examined in a civil action as to any information. acquired in attending such patient, which was necessary to enable him to prescribe or act for the patient; 5. A public officer shall not be examined as to communications made to him in official confidence, when the public interest would suffer by the disclosure. pelled to at tend. SEC. 8. No person shall be obliged to attend as a witness before when comany court of record, judge, justice of the peace, commissioner, referee, or other officer, in any civil action out of the county in which he resides, unless his residence be within twenty miles of such court, judge, justice of the peace, commissioner, referee or other officer. And no person shall be compelled to attend as a witness in any civil action or proceeding, unless the fees be paid or tendered to him, which are allowed by law for one day's attendance as a witness, and for travelling to and returning from the place where he is required to attend, provided such fees be demanded by him at the time of service of the subpoena. SEC. 9. The subpoena may require not only the personal attend- Subpoena. ance of the person to whom it is directed, at a particular time and place, to testify as a witness, but may also require him to bring with him any books, documents, or other things under his control. SEC. 10. The subpoena shall be issued as follows: 1. To require attendance before a court of record, or at the trial How issued. of an issue therein, it shall be issued in the name of the United |