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.

SEO. 587. [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, or is indebted to him, the judge may, by an order, require such person or corporation, or any officer or member thereof, to appear, at a specified time and place, within the county in which such person or corporation may be served with the order to answer, and answer concerning the same. The judge may also, in his discretion, require notice of such proceeding to be given to any party in the action, in such manner as may seem to him proper.

SEC. 539. [Same-Witnesses.]-Witnesses may be required, upon the order of the judge, or by a subpoena issued by the clerk of the district court, to appear and testify upon any proceedings under this chapter, in the same manner as upon the trial of an issue.

SEC. 540. [Same.]—The party or witness may be required to attend before the judge, or before a referee appointed by the court or judge. If before a referee, the examination must be taken by the referee, and certified by the judge. All examinations and answers before a judge or referee under this chapter, must be on oath, but when a corporation answers, the answer must be on the oath of an office. thereof.

SEC. 541. [Same-Application of property.]-The judge may order any property of the judgment debtor not exempt by law, in the hands of either himself or any other person or corporation, or due to the judgment debtor, to be applied towards the satisfaction of the judgment; but the earnings of the debtor for his personal services, at any time within three months next preceding the order, cannot be so applied, where it is made to appear by the debtor's affidavit, or otherwise, that such earnings are necessary for the use of a family supported wholly or partly by his labor.

SEC. 542 [Receiver.]-The judge may also, by order, appoint the sheriff of the proper county, or other suitable person, a receiver of the property of the judgment debtor, in the same manner, and with the like authority as if the appointment was made by the court. The judge may also, by order, forbid a transfer or other disposition of the property of the judgment debtor, not exempt by law, and any interference therewith.

SEC. 543. [Same-Undertaking-Oath.]-If the sheriff shall be appointed receiver, he and his sureties shall be liable on his official bond 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 judge, with one or more sureties, to the effect that he will faithfully discharge his duties of 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 state of Nebraska, and actions may be prosecuted for a breach thereof, by any person interested, in the same manner as upon a sheriff's official bond.

SEC. 544. [Proceedings-Continuance.]--The judge or referee, acting under the provisions of this chapter, shall have power to continue his proceedings from time to time until they are completed.

SEC. 545. [Reference:-The judge may, in his discretion, order a reference to a referee agreed upon or appointed by him, to report the evidence of facts.

SEC. 546. [Disobedience of order.]-If any person, party or witness, disobey an order of the judge, or referee, duly served, such person, party or witness may be punished by the judge as for contempt; and if a party, he shall be committed to the jail of the county, wherein the proceedings are pending, until he shall comply with such order; or, in case he has, since the service of such order upon him, rendered it impossible for him to comply therewith, until he has restored to the opposite party what such party has lost by such disobedience, or until discharged by due course of law. [Amended 1875, 89. Took effect Feb.4, 1875.] SEC. 547. [Orders-Service-Filing, etc.]-The orders to judgment debtors and witnesses, provided for in this chapter, shall be in writing and signed by the judge making the same, and shall be served as a summons in other cases. The judge shall reduce all his orders to writing, which, together with a minute of his proceedings, signed by himself, shall be filed with the clerk of the court of the county in which the judgment is rendered, or the transcript of the justice filed, and the clerk shall enter on his execution docket the time of filing the same.

SEC. 548. [Fees.1-The judge shall allow to clerks, sheriffs, referees, receiv ers and witnesses, such compensation as is allowed for like services in other cases, to be taxed as costs in the case, and shall enforce by order the collection thereof from such party or parties as ought to pay the same.

SEC. 549. [Same.]-The probate judge shall be allowed for his services, unaer this chapter, the sum of three dollars in each case, and such fees as are allowed by law to clerks of the district court for similar services.

EXECUTION AGAINST THE PERSON.

SEC. 550. [Command of writ.]-An execution against the person of a judgment debtor, shall require the officer to arrest such debtor and commit him to the jail of the county until he pay the judgment, or be discharged according to law.

SEC. 551. [Causes for issuance.]-An execution against the person of the debtor may be issued upon any judgment for the payment of money. First. When the judgment debtor has removed, or begun to remove any of his property out of the jurisdiction of the court, with intent to prevent the collection of the money due on the judgment. Second. When he has property, rights in action, evidences of debt, or some interest or stock in some corporation or company, which he fraudulently conceals with like intent. Third. When he has assigned or disposed of all, or any part of his property, or rights in action, or has converted the same into money, with intent to defraud his creditors, or with the intent to prevent such property from being taken into execution. Fourth. When he fraudulently contracted the debt, or incurred the obligation upon which the judgment was rendered. Fifth. When he was arrested on an order before judgment, and has not been discharged as an insolvent debtor, or the order has not been set aside as improperly made.

SEC. 552. [Allowance.]-An execution against the person of the debtor can be issued only when the same is allowed by the supreme court, district court, or

probate court, or any judge of either, upon being satisfied, by the affidavit of the judgment creditor, or his attorney, and such other evidence as may be presented, of the existence of one or more of the particulars mentioned in the last preceding section.

SEC. 553. [Same-By justice of peace]-A justice of the peace may issue an execution against the person of a judgment debtor, upon being satisfied of the existence of one or more of the same particulars, by the like affidavit and evidence. SEC. 554. [Issued of course-When.]-In all cases in which the judgment debtor was arrested before judgment, and where the order for such arrest has not been adjudged improper, an execution against the person of such judgment debtor may issue of course.

SEC. 555. [Discharge from arrest-Delivery of property.]-Any person taken in execution as aforesaid, shall be discharged by delivering or setting off to the officer serving the same, if issued from a court of record, real or personal property, if issued from a justice of the peace, personal property only, sufficient to satisfy the judgment and costs for which the writ issued.

SEC. 556. [Death of debtor.]-The death of a person under arrest in an action does not satisfy the judgment, but an execution may issue thereon, as if the arrest had been made.

SEC. 557. [Discharge.]-If a person imprisoned under an order of arrest made before judgment, is not charged in execution within ten days after judgment, he shall be discharged from such imprisonment.

SEC. 558. [Same.]-In cases of commitment under this chapter, or upon arrest before or after judgment in civil cases, the person imprisoned, in case of his inability to perform the act or endure the imprisonment may be discharged from imprisonment by the court or judge committing him, or the court or judge thereof in which the judgment was or might be rendered, on such terms as may be just.

EXECUTIONS FOR THE DELIVERY OF REAL PROPERTY.

SEC. 559. [Contents of writ.]-If the execution be for the delivery of the possession of real property, it shall require the officer to deliver the same, particularly describing the property, to the party entitled thereto, and may at the same time require the officer to satisfy any costs or damages recovered in the same judgment, out of the goods and chattels of the party against whom it was rendered, and for want of such goods and chattels, then out of the lands and tenements, and in this respect it shall be deemed an execution against the property.

SEC. 560. Judgment enforced by attachment.]--When the judgment is not for the recovery of money or real property, the same may be enforced by attachment, by the court rendering the judgment, upon motion made, or by a rule of the court upon the defendant; but in either case, notice of the motion, or a service of a copy of the rule shall be made on the defendant a reasonable time before the order of attachment is made.

JUDGMENTS OF A JUSTICE OF THE PEACE.

SEC. 561. [Transcript filed in district court clerk's office.]-- In all cases in which judgment shall be rendered by a justice of the peace, the party in whose favor the judgment shall be rendered may file a transcript of such judgment in the office of the clerk of the district court of the county in which the judgment was rendered, and thereupon the clerk shall, on the day on which the same shall be filed, enter the case on the execution docket, together with the amount of the judgment, and the time of filing the transcript.

SEC. 562. [Same-Lien.]-Such judgment, if the transcript shall be filed in

SEC. 561. See section 332, ante. Transcript of judgment of justice must be filed in district court of county where judgment recovered, and cannot in first instance be filed in district court of another county. 18 Neb. 439. Judgment rendered in county court, filed in district court Feb. 19th, 1876; in Jan., 1878, debtor and wife conveyed their real estate, deed being acknowledged and recorded May 6th, 1878, Held, That the real estate was subject to the lien of the judgment. 19 Neb. 686. Section cited 18 Neb. 650.

SEC. 562, Judgment entered against "W. G. Bowman and J. L. Bowman." Entered by clerk on execution docket. "W. G. & J. L. Bowman," held sufficient. 2 Neb. 284. See 12 Neb. 17, 18. 18 Id. 650. 19 Id. 586.

term time, shall have a lien on the real estate of the judgment debtor, from the day of the filing; if filed in vacation, as against the judgment debtor, said judgment shall have a lien from the day of the filing, and as against subsequent judgment creditors from the first day of the next succeeding term, in the same manner, and to the same extent as if the judgment had been rendered in the district court. SEC. 563. [Execution upon.j-Execution may be issued thereon to the sheriff by the clerk of the court, in the same manner as if the judgment had been taken in court, and the sheriff shall execute and return the same as other executions; and in case of sale of real estate, his proceedings shall be examined and approved by the court, as in other cases.

SEC. 564. [Certificate of justice-Costs.]-The justice of the peace shall certify on the transcript the amount, if any, paid on such judgment. The costs of the transcript, the filing of the same and the entry of the case on the execution docket, shall be paid by the party filing the same, and not be taxed to the other party.

TITLE XV.-MISCELLANEOUS PROCEEDINGS.

OFFER TO COMPROMISE.

SEC. 565. [Before trial-Effect.]-The defendant in an action for the recovery of money only, may, at any time before the trial, serve upon the plaintiff, or his attorney, an offer in writing, to allow judgment to be taken against him for the sum specified therein. If the plaintiff accept the offer, and give notice thereof to the defendant or his attorney, within five days after the offer is served, the offer, and an affidavit that the notice of acceptance was delivered in the time limited, may be filed by the plaintiff, or the defendant may file the acceptance, with a copy of the offer verified by affidavit; and in either case, the offer and acceptance shall be noted in the journal, and judgment shall be rendered accordingly. If the notice of acceptance be not given, in the period limited, the offer shall be deemed withdrawn, and shall not be given in evidence, or mentioned on the trial. If the plaintiff fails to obtain judgment for more than was offered by the defendant, he shall pay the defendant's costs from the time of the offer.

SEC. 566. [Same-Continuance.]-The making of an offer pursuant to the provisions contained in the foregoing section, shall not be a cause for a continuance of an action, or a postponement of a trial.

SUBMITTING A CONTROVERSY.

SEC. 567. [Submission without action.]-Parties to a question which might be the subject of a civil action, may, without action, agree upon a case containing the facts upon which the controversy depends, and present a submission of the same to any court which would have jurisdiction if an action had been brought. But it must appear by affidavit that the controversy is real, and the proceedings in good faith, to determine the rights of the parties. The court shall thereupon hear and determine the case and render judgment as if an action were pending. SEC. 568. [Record.]-The case the submission and the judgment shall constitute the record.

SEC. 569. [Judgment-Effect.]-The judgment shall be with costs, may be enforced, and shall be subject to reversal, in the same manner as if it had been rendered in an action, unless otherwise provided in the submission.

OFFER TO CONFESS JUDGMENT.

SEC. 570. [After action brought.]-After an action for the recovery of money is brought, the defendant may offer in court to confess judgment for part of the amount claimed, or part of the causes involved in the action. Whereupon, if the plaintiff, being present, refuse to accept such confession of judgment in full of his demands against the defendant in the action, or, having had such notice

SEC. 565. Proceedings do not apply in proceedings in ad quod damnum. 17 Neb. 424. Offer to confess judgment, not served on plaintiff, nor made in open court, but simply filed with clerk, Held, Unavailing to throw costs made after the filing of such offer upon plaintiff. 18 Neb. 532.

SEC. 570. See note to sec. 565. 17 Neb. 424. 18 Id. 531.

that the offer would be made, of its amount, and of the time of making it, as the court shall deem reasonable, fail to attend, and on the trial do not recover more than was so offered to be confessed, such plaintiff shall pay all the costs of the defendant, incurred after the offer. The offer shall not be deemed to be an admission of the cause of action or amount to which the plaintiff is entitled, nor be given in evidence upon the trial.

SEC. 571. [Before action brought.]-Before any action for the recovery of money is brought against any person, he may go into the court of the county of his residence, or of that in which the person having the cause of action resides, which would have jurisdiction of the action, and offer to confess judgment in favor of such person for a specified sum on such cause of action. Whereupon, if such person, having had such notice that the offer would be made, of its amount, and of the time and place of making it, as the court shall deem reasonable, do not attend to accept the confession, or attending, refuse to accept it, and should afterwards commence an action upon such cause, and not recover more than the amount so offered to be confessed, he shall pay all the costs of the action; and on the trial thereof, the offer shall not be deemed to be an admission of the cause of action, or amount to which the plaintiff is entitled, nor be given in evidence.

MOTIONS AND ORDERS.

SEC. 572. [Motion-Defined.]-A motion is an application for an order addressed to the court or a judge in vacation, by any party to a suit or proceeding, or one interested therein.

SEC. 578. [Same-Several objects.]-Several objects may be included in the same motion, if they all grow out of or are connected with the action or proceeding in which it is made.

SEC. 574. [Same-Notice-Contents.]—Where notice of a motion is required, it must be in writing, and shall state the names of the parties to the action or proceeding in which it is to be made, the name of the court or judge before whom it is to be made, the place where and the day on which it will be heard, the nature and terms of the order or orders to be applied for, and if affidavits are to be used on the hearing, the notice shall state that fact. It shall be served a reasonable time before the hearing.

SEC. 575. [Notice-Service.]-Notices of motions mentioned in this chapter may be served by a sheriff, coroner, or constable, or by any disinterested person, and the return of any such officer, or affidavit of any such person, shall be proof of service. The service shall be on the party or his attorney of record, if the said party or his attorney be resident within the county in which the motion is made, and in case there is more than one party adverse to such motion, service shall be made upon each party or his attorney.

SEC. 576. [Same.]-The service of a notice shall be made, as is required by law for the service of a summons, and when served by an officer, he shall be entitled to like fees.

SEC. 577. [Motions to strike pleadings from files.]-Motions to strike pleadings and papers from the files may be made with or without notice, as the court or judge shall direct.

SEC. 578. [Order-Defined.]-Every direction of a court or judge made, entered in writing and not included in a judgment, is an order.

SEC. 579. [Same-Out of court-Entry.]-Orders made out of court, shall be forthwith entered by the clerk in the journal of the court, in the same manner as orders made in term.

TITLE XVI.-ERRORS IN CIVIL CASES.

PROCEEDINGS TO REVERSE, VACATE OR MODIFY JUDGMENTS AND ORDERS IN COURTS OF APPELLATE JURISDICTION.

SEC. 580. [Tribunals inferior to district court.]—A judgment renSEC. 572. In proceedings under sec. 82, service of notice upon attorney for plaintiff is sufficient service under sec. 575. 17 Neb. 329. See 17 Neb. 329.

SEC. 580.

SEC. 575.

Decision of county board. 3 Neb. 41. Review of error of county judge. 7 Neb. 128. Allowance of accounts against estate subject to review. 10 Neb. 333. See 19 Neb. 450.