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§ 1486. On filing the affidavit and notice, the clerk must make, upon the docket of the judgment, an entry, stating the sum paid, and that the judgment is claimed to be a lien to that amount. Where it is desired to preserve the lien, upon property situated in two or more counties, a similar affidavit and notice must be filed with, and a similar entry made by, the clerk of each county.

TITLE III.

Execution against the person. 8 1487. In what cases execution

been taken. may be issued against 2 1492. New execution may issue the person.

after escape. 1488. Id.; against a woman.

1493. Id.; when debtor dies 1489. When execution against

charged in execution. property must be first 1494. Id.; when creditor disissued.

charges debtor after 1490. Simultaneous executions

thirty days. pot allowed against 1495. New execution not to be property and person.

enforced against real 1491, Id.; when debtor has

property sold, etc. 22, Alb. N.

$ 1487. (Amd 1879.] Where a judgment can be enC. 73. forced by execution, as prescribed in section one thousand 23 Miec. 722. two hundred and forty of this act, an execution, against the

person of the judgment debtor, may be issued thereupon, subject to the exception specified in the next section, in either of the following cases.

1. Where the plaintiff's right to arrest the defendant depends upon the nature of the action.

2. In any other case, where an order of arrest has been granted and executed in the action, and if it was executed against the judgment debtor where it has not been vacated.

$ 1488. (Amd 1879.) But an execution cannot be issued against the person of a woman, unless an order of arrest has been granted and executed in the action, and if it was execu

ted against the judginent debtor, has not been vacated. #Han, 133. § 1489. Unless the judgment debtor is actually confined,

without having been admitted to the liberties of the jail, by virtue of an execution against his person, issued in another action, or of an order of arrest or a surrender by his bail, in the same action, an execution against his person cannot be issued, until an execution against his property has been returned, wholly or partly unsatisfied. If he is a resident of the State, the execution against his property must have been issued to the county where he resides,

$ 1490. An execution against the person of the judgment debtor cannot be issued, without leave of the court, while an execution against his property, issued in the same action, remains unreturned ; and an execution against his property cannot be issued, without leave of the court, while an execution against his person, issued in the same action remains unreturned.

$ 1491. Where a judgment debtor has been taken, and remains in custody, by virtue of an execution against his person, another execution cannot be issued, in the same action, against his person or his property, except in a case specially

prescribed by law. 79 Hun, 166. $ 1492. If a judgment debtor escapes, after having been

taken, by virtue of an execution against his person, he may be retaken, by virtue of a new execution against his person ; or an execution against his property may be issued, as if the exection, by virtue of which he was taken, had been returned, without his having been taken

$ 1493. Where a judgment debtor, who has been taken by virtue of an execution against his person, dies while in custody, a new execution against his property may be issued, as if the execution, by virtue of which he was taken, had been returned without his having been taken.

$ 1494. At any time after a judgment debtor has remained in custody, by virtue of an execution against his person, for the space of thirty days, the judgment creditor may serve upon the sheriff a written notice, requiring him to discharge the judgment debtor from custody, by virtue of the execution. Whereupon the sheriff must discharge the judgment debtor, and return the execution accordingly. After service of such a notice, another execution, against the person of the judgment debtor, cannot be issued upon the judgment; but after his discharge, the judgment creditor may otherwise enforce the judgment, as if the execution, from which he was discharged, had been returned, without his having been taken.

$ 1495. A new execution against property, issued in a case specified in the last two sections, 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 executiori, issued upon a previous or subsequent judgment

The Union Surety and Guaranty Cou

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THE

CODE OF CIVIL PROCEDURE.

PART II.
[L. 1880, c. 178.]

AN ACT SUPPLEMENTAL TO THE CODE OF CIVIL

PROCEDURE.

Passed May 6, 1880; three-fifths being present. The People of the State of New York, represented in Senate and Assembly,

do enact as follows: SECTION 1. The act, entitled “ An act relating to courte, officers of justice, and civil proceedings,” passed June 2, 1976, is hereby amended by striking out section fourteen hundred and ninety-six thereof, and by adding, after section fourteen hundred and ninety-five thereof, as follows,

hat is to say:

CHAPTER XIV.

SPECIAL PROVISIONS REGULATING ACTIONS

RELATING TO PROPERTY.

TITLE I.-ACTIONS RELATING TO REAL PROPERTY.
TITLE II.-ACTIONS RELATING TO CHATTELS.

TITLE I.
Actions relating to real property.
ARTICLE 1. Action to recover real property.

2. Action for partition.
3. Action for dower.
4. Action to foreclone a mortgage.
5. Action to compel the determination of a claim to rood

property.
6. Action for waste.
7. Action for a nuisance.
8. Other actions relating to real property.
9. Provisions applicable to two or more of the actions specified

in this title.

re

mon.

ARTICLE FIRST.
ACTIN TO RECOVER REAL PROPERTY.
% 1496. Plaintiff may recorer dam. 1513. Order thereupon.
Oce with the land

1514. Evidence of authority. 1497 Rents and punis to be in.

When or ster i be proved. cluded in damages.

1516. Rolo, when there are dis 1498. Mortgage cannot main

tinct occupants. Tuin &ction.

1517. The last section qualified. 1499. When action of ejectment

1518. When plaintiff may cannot be maintained.

cover against one le1500. Separate action by joint

fendant, subject to tenant or tenant in com.

rights of others.

1519. Verdict, etc., to state 1501. Grantee of lands held ad.

nature of plaintiff versoly may maintain

estate. action.

1520. Expiration of plaintiff's 1502. Against whom action to be

title before trial. brought.

1521. Abatement of action. 1503. Who may be joined as de. 1542. Action to be divided, when fendants

different persons suc1501. When a tion

may
be

ceed to different par. brought for non-pay.

cela. ment of rent.

1523. Id.; when different per 1505. Id.; whenri htcre entry

sons succeed to real is reserved for want of

property and to rente distress.

and profits 1506. Action against tenant; 1524. Effect of judgment renwhen proceedings to be

dered after trial of issue sayed.

of fact. 1507. Id. ; amount († rent in 1525. New trial may be granted

a rear to be stated in 1326. Eifect of judgment by judgment.

default, etc. 1508, 1509. Id. ; when posses- 1527. Id.; exception in case of sion to le restored to

disabiliiy defendant.

1528. The last three sections 1510. Id.; use of property, when

qualified. tet off against rent.

1529. Possession not to be 1511. Froperty claimed in action;

changed by vacating of how described in com.

judgment, except, etc. plaint.

1530. Evidence on new trial. 1512. Mit on for p'aintiff's at- 1531. Damages recoverable; set torpey to produce his

off by defendant. authority. 61 X. Y. State

$ 1496 In an action to recover real property, or the possession LP: 133. thereof, the plaintiff may demand in his complaint, and in a proper 139 Id. 541. case recover, damages for withholding the property. 31 W.Y. State $ 1497. Those damages include the rents and profits or the

Rep.350. value of the use and occupation of the property, where either can 129 N. Y. 183. legally be recovered by the plaintiff.

$ 1498. A mortgagee, or his assignee or other representative, cannot maintain such an action, to recover the mortgaged prem ises.

$ 1499. When action of ejectment cannot be mainte tained. (Am'd 1898, amendment to take effect September 1, 1995] Such an action can not be maintained in a case where an action for dower may be maintained, as prescribed in article third of this title; or

2. Where in any city the real property consist of a strip of land not exceeding six inches in width upon wbich there stands the exterior wall of a buiding erected partly upon said strip and partly upon the adjoining lot, and a building has been erected upon land of the plaintiff abutting on the said wall, unless said action be commenced within one year after the completion of the crection of such walı or within one year after the first day of September, eighteen hundred and ninety-eight. But an acting may be maimained, if commenced within the further period of one year, for the recovery of damages by reason of the erection of such wall, and upon the satisfaction of the judgment for such dainages the title of the plaintiff to such strip of land sball thereby

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