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

debtor has property which he unjustly refuses to apply to the satisfaction of the judgment, the court or judge may, by order, require the judgment debtor to appear before the court, or any judge thereof 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 judgment as are prescribed by law.

SEC. 3. Instead of the order requiring the attendance of the judgment debtor, as provided in the two preceding sections, the court or judge may, upon satisfactory proof, by affidavit of the party or otherwise, that there is danger of the debtor leaving this District or concealing himself to avoid said examination, issue a warrant requiring the marshal to arrest such debtor and bring him before the court or judge. Upon being brought before the court or judge, he shall be examined on oath, and other witnesses may be examined on either side, and if on such examination it appears that there is danger of the debtor leaving this District, 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 court or judge may prescribe, with one or more sureties, in the discretion of such court or judge, that he will, from time to time, attend for examination before the court or judge, as may be directed.

SEC. 4. 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 answers shall not be used as evidence against him in any prosecution for such fraud.

SEC. 5. After the issuing of execution against property, any person indebted to the judgment debtor may pay to the marshal the amount of his debt, or so much thereof as may be necessary to satisfy the execution, and the marshal'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. 6. 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 court, or any judge thereof, that any person or corporation has property of such judgment debtor, or is indebted to him, the court or judge may, by an order, require such person or corporation, or any officer or member thereof, to appear at a specified time and place, and answer concerning the same. The court or judge may also, in their

discretion, require notice of such proceeding to be given to any party in the action, in such manner as may seem proper.

SEC. 8. Witnesses may be required, upon the order of the judge, or by a subpoena issued by the clerk, to appear and testify upon any proceedings under this chapter, in the same manner as upon the trial of an issue.

SEC. 8. The party or witness may be required to attend before the court or any judge thereof, or before a referee appointed by the court. or judge thereof. All examinations and answers shall be on oath, except that when a corporation answers, the answer shall be on the oath of an officer thereof.

SEC. 9. The court or judge may order any property of the judgment debtor, not exempt from execution, in the hands either of himself or any other person or corporation, or any debt due to the judgment debtor, to be applied to the satisfaction of the judgment; but the earnings of the debtor for his personal services, at any time within three months next preceding the time of the order, shall not be so applied.

SEC. 10. The court or judge may also, by order, appoint the marshal or other suitable person a receiver of the property of the judgment debtor, and may forbid a transfer or other disposition of the property of the judgment debtor not exempt from execution, and any interference therewith.

SEC. 11. If the marshal shall be appointed receiver, he and his sureties shall be liable 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 court or judge, with one or more sureties, to the effect that he will faithfully discharge the duties of a 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 United States, and actions may be prosecuted for a breach thereof, by any person interested, in the same manner as upon the marshal's official bond.

SEC. 12. If any person, party, or witness, disobey an order of the court, judge, or referee, duly served, in any proceedings under this chapter, such person, party, or witness, may be punished by the court or judge as for a contempt.

SEC. 13. Costs shall be awarded and taxed in the proceedings under this chapter as in other cases.

SECTION 1. Real property may be conveyed by a commissioner appointed by the court:

1. Where, by the judgment in an action, a party is ordered to convey real property to another, or any interest therein;

2. Or where real property, or any interest therein, has been sold and the purchase money paid.

SEC. 2. The deed of the commissioner shall so refer to the judgment authorizing the conveyance, that the same may be readily found, but need not recite the record in the case generally.

SEC. 3. A conveyance made in pursuance of a judgment shall pass to the grantee the title of the parties ordered to convey the land.

SEC. 4. A conveyance made in pursuance of a sale ordered by the court shall pass to the grantee the title of all the parties to the action. or proceeding.

SEC. 5. A conveyance by a commissioner shall not pass any right until it has been examined and approved by the court, which approval shall be endorsed on the conveyance and recorded with it.

SEC. 6. It shall be sufficient for the conveyance to be signed by the commissioner only, without affixing the names of the parties whose title is conveyed; but the names of the parties shall be recited in the body of the conveyance.

SEC. 7. In case of a judgment to compel a party to execute a conveyance of real estate, the court may enforce the judgment by attachment or sequestration, or appoint a commissioner to make the conveyance.

SEC. 8. The compensation of any commissioner appointed by the circuit court to sell or convey real estate shall be regulated and determined by said court.