708. If purchaser of real property be evicted for irregularities in sale, what he may recover and from whom. When judgment to be revived. Petition for the purpose, how and by whom made.

709. Party who pays more than his share may compel contribution. 710. Judgments against officers, how enforced.

710. Claimant of property may give bond and release property. 7101⁄2. Claim of property, bond, amount of and conditions of.

711. Claim of property, bond, filing, and serving.

711. Ciaim of property, bond, objections to.

712. Clain of property, justification, approval and disapproval.
712%. Clain of property, bond, estimate of value and new bond.
713. Claim of property, bond, justification of sureties.
713. Claim of property, bond, when becomes effectual.

Gen. Cit. to Chap.-Cal. Rep. Cit. 138, 648.

§ $81. Within what time execution may issue. The party in whose favor judgment is given, may, at any time within five years after the entry thereof, have a writ of execution issued for its enforcement. En. March 11, 1872. Cal. Rep. Cit. 61, 147; 81, 203; 81, 204; 81, 205; 86, 278; 86, 386; 92, 397; 94, 220; 94, 223; 99, 171; 99, 283; 107, 132; 111, 362; 114, 547; 137, 311; 138, 193; 138, 194.

Prac. Act, sec. 209. En. April 29, 1851.

Cal. Rep. Cit. 3, 215; 12, 468; 20, 55; 22, 650; 28, 70; 28, 418; 30, 622; 34, 614; 37, 13; 37, 146; 137, 311; 146, 742.

Time for execution, when extended: Post, sec. 685.
Appeal, stay of execution: Post, secs. 942-945.

Where money deposited by defendant, judgment is to be satisfied thereon by clerk: Ante, sec. 500.

Attachment-If judgment plaintiff has attached property, the sheriff must satisfy the judgment out of it: Ante, sec. 550.

Executor or administrator-No execution must issue upon judgment against, upon claims for money due from estate: Post, sec. 1504.

Receiver, in proceedings in aid of execution: Ante, sec. 564, subd. 4.

§ 682. Who may issue the execution, its form, to whom directed, and what it shall require. The writ of execution must be issued in the name of the people, sealed with the seal of the court, and subscribed by the clerk, and be directed to the sheriff, and it must intelligibly refer to the judgment, stating the court, the county where the judgment-roll is filed, and if it be for money, the amount thereof, and the amount actually due thereon, and if made

payable in a specified kind of money or currency, as provided in section six hundred and sixty-seven, the execution must also state the kind of money or currency in which the judgment is payable, and must require the sheriff substantially as follows:

1. If it be against the property of the judgment debtor, it must require the sheriff to satisfy the judgment, with interest, out of the personal property of such debtor, and if sufficient personal property cannot be found, then out of his real property; or if the judgment be a lien upon real property, then out of the real property belonging to him on the day when the judgment was docketed, or at any time thereafter; or if the execution be issued to a county other than the one in which the judgment was recovered, on the day when the transcript of the docket was filed in the office of the recorder of such county, stating such day, or any time thereafter;

2. If it be against real or personal property in the hands of the personal representatives, heirs, devisees, legatees, tenants, or trustees, it must require the sheriff to satisfy the judgment, with interest, out of such property;

3. If it be against the person of the judgment debtor, it must require the sheriff to arrest such debtor and commit him to the jail of the county until he pay the judgment with interest, or be discharged according to law;

4. If it be issued on a judgment made payable in a specified kind of money or currency, as provided in section six hundred and sixty-seven, it must also require the sheriff to satisfy the same in the kind of money or currency in which the judgment is made payable, and the sheriff must refuse payment in any other kind of money or currency; and in case of levy and sale of the property of the judgment debtor, he must refuse payment from any purchaser at such sale in any other kind of money or currency than that specified in the execution. The sheriff, collecting money or currency in the manner required by this chapter, must pay to the plaintiff or party entitled to recover the same, the same kind of money or currency received by him, and in case of neglect or refusal so to do, he shall be liable on his official bond to the judgment creditor in three times the amount of the money so collected;

5. If it be for the delivery of the possession of real or personal property, it must require the sheriff to deliver

Code Civil Proc.-17.

the possession of the same, describing it, to the party entitled thereto, and may, at the same time, require the sheriff to satisfy any costs, damages, rents, or profits, recovered by the same judgment, out of the personal property of the person against whom it was rendered, and the value of the property for which the judgment was rendered to be specified therein if a delivery thereof cannot be had; and if sufficient personal property cannot be found, then out of the real property, as provided in the first subdivision of this section. En. March 11, 1872.

Cal. Rep. Cit. 53, 558; 79, 601; 94, 220; 121, 197; 131, 529; 137, 203; 140, 194; 145, 552; 145, 554. Subd. 1-119, 194; 131, 600.

Subd. 4-130, 599.

Prac. Act, sec. 210. En. April 29, 1851.

Cal. Rep. Cit. 7, 571; 11, 277; 24, 149;

37, 132; 39, 144.

Am'd. 1863, 688.

6, 166; 2, 167;

Contempt in interfering with: Post, secs. 1209, 1210.
Judgment a lien: Ante, secs. 671, 674.

Property leviable: Ante, sec. 542; post, sec. 688.

Levy without process a misdemeanor: See Pen. Code, sec. 146.

Subd. 4. Judgment payable in specified kind of money: See ante, sec. 667.

§ 683. When made returnable. The execution may be made returnable at any time not less than ten nor more than sixty days after its receipt by the sheriff, to the clerk with whom the judgment-roll is filed. When the execution is returned the clerk must attach it to the judgment-roll. If any real estate be levied upon, the clerk must record the execution and the return thereto at large, and certify the same under his hand as true copies, in a book to be called the "execution book," which book must be indexed with the names of the plaintiffs and defendants in execution, alphabetically arranged, and kept open at all times during office hours for the inspection of the public without charge. It is evidence of the contents of the originals whenever they or any part thereof may be destroyed or mutilated. En. March 11, 1872.

Cal. Rep. Cit. 94, 220; 94, 223; 146, 742.

Prac. Act, sec. 212. En. April 29, 1851. Am'd. 1866, 703.

Return, failure to make without delay, liability of sheriff: See Pol. Code, sec. 4179.

§ 684. Money Judgments, and others, how enforced. When the judgment is for money or the possession of real or personal property, the same may be enforced by a writ of execution; and if the judgment direct that the defendant be arrested, the execution may issue against the person of the judgment debtor, after the return of an execution against his property unsatisfied in whole or part; when the judgment requires the sale of property, the same may be enforced by a writ reciting such judgment or the material parts thereof, and directing the proper officer to execute the judgment, by making the sale and applying the proceeds in conformity therewith; when the judgment requires the performance of any other act than as above designated, a certified copy of the judgment may be served upon the party against whom the same is rendered, or upon the person or officer required thereby or by law to obey the same, and obedience thereto may be enforced by the court. En. March 11, 1872. Am'd. 1873-4, 321.

Cal. Rep. Cit. 53, 558; 53, 559; 57, 9; 57, 10; 62, 630; 72,
263; 72, 264; 75, 414; 76, 542; 90, 185; 93, 143; 94,
220; 94, 223; 101, 204; 119, 197; 121, 197; 121, 342;
130, 599; 137, 87; 137, 203; 140, 194; 145, 554.

Prac. Act, sec. 213. En. April 29, 1851. Am'd. 1866, 703.
Cal. Rep. Cit. 30, 371.

Money, how computed and stated in: See Pol. Code, sec. 3274.

Writ of possession or restitution: Ante, sec. 880; post, sec. 1174.

Re-entry after dispossession: Post, sec. 1210.

Execution against the person, discharge of prisoner: Post, secs. 1143-1154.

Sale of property: See post, secs. 694 et seq.

Performance of any other act-Enforcing obedience: Post, secs. 1209 et seq.

§ 685. Execution after five years. In all cases, the Judgment may be enforced or carried into execution after the lapse of five years from the date of its entry, by leave of the court, upon motion, or by judgment for that purpose, founded upon supplemental pleadings; but nothing in this section shall be construed to revive a judgment for the recovery of money which shall have been barred by limita

tion at the time of the passage of this act. En. March 11, 1872. Am'd. 1895, 38.

Cal. Rep. Cit. 61, 147; 81, 203; 81, 204; 86, 278; 86, 385; 121, 29; 121, 30; 137, 38; 145, 531; 145, 532. Am'd. 1861, 116;

Prac. Act, sec. 214. En. April 29, 1851. 1866, 704.

Cal. Rep. Cit. 8, 513; 17, 271; 22, 650; 29, 229; 87, 18; 37, 14; 37, 15; 37, 135; 37, 146.

§ 686. When execution may issue against the property of a party after his death. Notwithstanding the death of a party after the judgment, execution thereon may be issued, or it may be enforced as follows:

1. In case of the death of the judgment creditor, upon the application of his executor, or administrator, or successor in interest;

2. In case of the death of the judgment debtor, if the judgment be for the recovery of real or personal property, or the enforcement of a lien thereon. En. March 11, 1872. Cal. Rep. Cit. 138, 259.

Prac. Act, sec. 215. En. April 29, 1851. Am'd. 1864, 452. Cal. Rep. Cit. 29, 368; 87, 14.

Death of party-Eflect on action: Ante, sec. 385; judgment after: Ante, sec. 669; execution after: Post, seo. 1505.

§ 687. Execution, how and to whom Issued. Where the execution is against the property of the judgment debtor, it may be issued to the sheriff of any county in the state. Where it requires the delivery of real or personal property, it must be issued to the sheriff of the county where the property, or some part thereof, is situated. Executions may be issued, at the same time, to different counties. En. March 11, 1872.

Cal. Rep. Cit. 83, 459.

Prac. Act, sec. 216. En. April 29, 1851.

Any county in the state, process extends to: Sec. 78. Execution requiring delivery of real and personal property: Ante, sec. 682, subd. 5.