LIEN OF EXECUTION 331 docket-book. If the property exempted is situated in another county, §§ 195-197 or if the order was made by a court, other than the supreme court or a county court; the order operates as a suspension, from the time, when the proper entry is made in the docket-book, kept by the clerk of that county [as prescribed in the next section]. [Note 2341.] 195. At any time after a judgment, which has ceased to be Restoration a lien by reason of the suspension thereof, [as prescribed in the last of lien of judgment three sections] is affirmed, or the appeal therefrom is dismissed, the lien thereof may be restored as follows: 1. The clerk, in whose office the judgment of affirmance, or the order dismissing the appeal, is entered, must, upon the request of the judgment creditor, docket the judgment anew, as it was originally docketed, but in the order of priority of the new docket, and he must write, upon the new docket, the words. "Lien restored by redocket; "adding the date of redocketing; 2. A transcript of the new docket must be furnished to a county clerk, in whose office an entry of the suspension of the lien has been made, [as prescribed in the last two sections] and thereupon the judgment must be docketed by him anew, in the order of the priority of the new docket. The clerk who so redocketed the judgment, must make an entry upon the new docket, substantially as follows: "Lien restored by redocket. See transcript filed; " adding the date of redocketing in his county. The lien of the judgment is thereupon restored, for the unexpired period thereof, as if the order had not been made; but with like effect only, as against judgment creditors, purchasers, and mortgagees in good faith, as if the judgment had then been first docketed. [Note 2342.] ARTICLE 8B Lien of Execution § 196. The goods and chattels of a judgment debtor, not exempt, Personal by express provision of law, from levy and sale by virtue of an exe- property cution, and his other personal property, which is expressly declared bound by by law, to be subject to levy by virtue of an execution, are, when execution situated within the jurisdiction of the officer, to whom an execution against property is delivered, bound by the execution, from the time of the delivery thereof to the proper officer, to be executed; but not before. [Note 2343.] § 197. Where two or more executions against property are issued Preference out of the same or different courts of record, against the same judg- among ment debtor, the one first delivered, to an officer, to be executed, executions has preference, notwithstanding that a levy is first made, by virtue of an execution subsequently delivered; but if a levy upon and sale of personal property has been made, by virtue of the junior execution, before an actual levy by virtue of the senior execution, the same property shall not be levied upon or sold, by virtue of the latter. § 198 Title of bona fide purchaser Effect Where there are one or more executions, and one or more [warrants] § 198. The title to personal property, acquired before the actual levy of an execution, by a purchaser in good faith, and without notice that the execution has been issued, is not affected by an execution delivered, before the purchase was made, to an officer, to be executed. A new execution against property, issued [in a case specified in the last two sections], where a judgment debtor dies while in custody under execution or has been discharged, cannot be enforced against an interest in real property, including a chattel real, which was purchased in good faith, from the judgment debtor, after the recovery of the judgment upon which it is issued; or which was sold. by virtue of an execution, issued upon a previous or subsequent judgment. [Note 2345.] § 2. This act shall take effect September first, nineteen hundred and sixteen. : PARTNERSHIP LAW (Provisions from the Code of Civil Procedure down to January 1, 1915, assigned to the Partnership Law.) Partnership Law An Act to amend chapter forty-four of the laws of nineteen hundred and nine, entitled "An act in relation to partnership, constituting chapter thirty-nine of the Consolidated Laws." The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. The Partnership Law is hereby amended by adding thereto the following articles and section: ARTICLE 2 GENERAL PROVISIONS $$ 8-10 action for § 8. In an action brought to dissolve a partnership, or for an ac- Continuance counting between partners, or affecting the continued prosecution of business of the business, the court may, in its discretion, by order, authorize pending an the partnership business to be continued, during the pendency of accounting the action by one or more of the partners, upon their executing and filing with the clerk an undertaking, in such a sum and with such sureties as the order prescribes, to the effect that they will obey all orders of the court, in the action, and perform all things which the judgment therein requires them to perform. The court may impose such other conditions as it deems proper, and it may in its discretion at any time thereafter require a new undertaking to be given. The court may also ascertain the value of the partnership property, and of the interest of the respective partners by a reference or otherwise, and may direct an accounting between any of the partners; and the judgment may make such provision for the payment to the retiring partners, for their interest, and with respect to the rights of creditors, the title to the partnership property, and otherwise, as justice requires, with or without the appointment of a receiver, or a sale of the partnership property. [Note 2346.] § 9. If [a warrant] an order of attachment is levied upon the interest of one or more partners, in the property of a partnership, the other partners or any of them, may at any time before final judgment, apply to the judge who granted the [warrant] order, or to the court, upon an affidavit showing the facts, for an order to discharge the attachment, as to that interest. [Note 2347.] Discharge of partnership interest from attachment 10. Where the personal property of a partnership, of which the Subsequent defendant was a member, has been attached, and the attachment attachment afterwards discharged, upon the application of another partner, of partneranother [warrant] order against the same defendant shall not be levied on the same property by the sheriff of the same or of any other county until after the first order has been vacated or annulled. [Note 2348.] ship interest |