$ 13. At the time of filing a record of judgment, the clerk shall enter in an alphabetical docket, in books to be provided and kept by him, a statement of such judgment, containing, 1. The names at length of all the parties to such judgment, designating particularly those against whom it is rendered, with their places of abode, titles, trades or professions, if any such are stated in such record: 2. The amount of the debt, damages, or other sum of money recovered, with the costs: 3. The hour and day of entering such docket: 4. If the judgment be against several persons, such statement shall be repeated under the name of each person against whom the judg ment was recovered, in the alphabetical order of their names respectively.35 ART. 2. Dockets how to be entered. in dockets of ments. $ 14. When a judgment shall have been obtained for monies ad- Special entry vanced in payment of a tax on the land of the plaintiff and another, certain judg pursuant to the seventy-third and seventy-fourth sections of the third Title of the thirteenth Chapter of the First Part of the Revised Statutes, such judgment shall not be entitled to the priority conferred by that Title, unless at the time of docketing the same, the plaintiff cause an entry to be made by the clerk in the docket thereof, specifying that such judgment has priority, as a lien on certain lands, over mortgages and other judgments, pursuant to the laws regulating the collection of taxes; which entry shall be a part of such docket. in supreme sent by clerks $15. On the fifteenth and on the last day of every month, each Transcripts clerk of the supreme court shall transmit to the other clerks of that court to be court, a transcript, duly certified, of all judgments which shall have been docketed in his office since the making of the previous transcript; which shall be a true copy of the original docket in his office.36 $ 16. If any clerk of the supreme court shall not receive any such transcript within eight days after the time when the same is required to be sent, he shall give notice thereof immediately to the clerk who should have transmitted the same, whose duty it shall be to send such transcript, or if one shall have been already sent, to transmit a duplicate thereof. Duplicate. paid. $ 17. The postage on the transmission of any transcript, shall be Postage how paid by the treasurer, upon being audited and allowed by the comptroller. $ 18. Every clerk of the supreme court receiving such transcript, Entry of shall enter the same in the books kept by him for entering the dock- transcripts ets of judgments, in the same manner as the dockets of judgments are herein required to be entered, excepting, that in the margin of such (35) 1 R. L. p. 501, § 3. (36) Ib p. 320, § 7. 46 VOL. II. TITLE entry, the place where the clerk's office is situated, from which such transcript was received, shall be entered. Dockets to be public. Penalty on Clerks for neglect. Recognizances not liens. Cancelling Ib. acknowledgments. th. by attor ney on rccold. To be made on payinent. Return of ex ecution satis fied, &c. $ 19. The books in which dockets of judgments shall be entered, shall, during the usual hours for transacting business, be open to the search and examination of all persons desiring the same.37 $20. Every clerk who shall neglect to docket any judgment as soon as practicable, or who shall omit for three days after the times herein specified, to transmit the transcript of the docket of any judgment, shall forfeit to the party aggrieved, two hundred and fifty dollars, in addition to all damages which such party may have sustained by such omission or neglect.37 $21. No recognizance taken by any court, or by any officer, shall bind any lands, tenements or real estate, or other property; but such recognizances shall be deemed to be mere evidences of debt.8 $22. The docket of a judgment rendered in any court of record, may be cancelled and discharged by the clerk thereof, upon filing with him an acknowledgment of satisfaction, signed by the party in whose favor such judgment was obtained, or by his executors or administrators, duly authenticated as herein after directed.39 $23. Such acknowledgment shall be made before some judge of the court in which the judgment was rendered, or before some judge of the county courts, or commissioner of deeds, who shall certify that the party making the same was known, or was made known, to such officer, by competent proof.39 $24. Such acknowledgment may also be made by the attorney on record, of the party in whose favor the same was rendered, within two years after the filing of the record of such judgment, in the same manner, and with the like effect, as if made by such party himself; but such satisfaction shall not be conclusive against the party in whose favor the judgment was rendered, in respect to any person to whom actual notice of the revocation of the authority of such attorney shall have been given, before any payment on such judgment shall have been made, or before any purchase of property bound by such judgment, shall have been effected. $25. When payment of the judgment is made, satisfaction thereof shall be acknowledged by the attorney or plaintiff receiving the amount, on payment of the fees by the defendant. $26. When an execution issued upon any judgment, shall be returned satisfied, in whole or in part, such judgment shall be deemed satisfied to the extent of the amount so returned as having been collected on such execution, unless such return be vacated by the court. And upon any execution being so returned, the clerk of the court shall (37) 1 R. L. p. 501, § 3. (38) Ib. § 4. (39) Ib. p. 506, § 17. enter in the docket of such judgment, the fact that the amount stated ART. 1. in such return to have been levied, has been collected. judgments to $27. Upon any judgment in the supreme court being discharged, Discharge of the clerk with whom the record thereof was filed, shall transmit to be certified. the other clerks of that court, with the next transcript of dockets sent by him, a certificate of such fact; and the said clerks shall thereupon enter in their respective dockets of such judgment, the fact that the same is discharged. TITLE V. OF EXECUTIONS, AND THE DUTIES OF OFFICERS THEREON. ART. 1.-General Provisions. ART. 2.-Of executions against property. ART. 3.-Of remedies for failure of title to real estate sold by execution, and to enforce contribution between several owners of lands subject to the same judgment. ART. 4.-Executions against the person. ARTICLE FIRST. General Provisions. SEC. 1. Within what time executions may be issued. 2. Executions against property or body. 3. Exception as to executors, heirs, legatees, &c. 4. Executions against the body, not to issue in certain cases. 15. Unless defendant be imprisoned, &c. 6. Like executions in different counties; different executions 7. When body taken, no other execution to issue. 8. But may, if defendant escape. 9. Interest on certain judgments may be collected. 10. Endorsement to be made on receipt of executions. 11. On judgments against sheriffs, execution how to issue 12. Authority and duty of person receiving such execution. tions issued. $1. Whenever judgment shall be rendered in any court of record, when exeerfor any debt, damages, sum of money or costs, the party in whose may be favor such judgment was rendered, upon the filing of the record thereof, and within two years thereafter, may have execution to the sheriff or other proper officer, to collect the amount of such judgment.40 $2. Such execution may be either, 1. Against the goods and chattels, lands, tenements, and chattels Their kinds. real of the party against whom such judgment was recovered: or, 2. Against the body of such party,41 executors, &c. $3. But such execution shall not issue against the body, nor Exception of against the proper goods and chattels, lands and tenements, of any executor, administrator, heir, devisee or legatee, unless in those cases specially provided by law. where bail $4. In those cases in which bail shall have been taken on the ar- Executions rest of a defendant, and the bail bond shall have been assigned to the has been givplaintiff; and in those cases in which special bail shall have been fil (40) 1 R. L. p. 89, § 34; Ib. 502, § 7. (41) Ib. 502, § 7. en, &c. TITLE 5. ed; no execution shall issue against the body of the defendant in such Executions where bail en. action, until an execution against the goods and chattels, lands and tenements of such defendant, shall have been issued to the sheriff of the county in which such defendant was arrested, and shall have been returned unsatisfied, in whole or in part.42 $5. But if the defendant be imprisoned on execution in another has been giv- cause, or upon process in the same action, or shall have been surrendered in exoneration of his bail in such action, an execution may issue against his body, without any previous execution against his property.42 Like execu tions in dif ties. Different ex $6. Executions either against the body or against the property of ferent coun- any party, may be issued at the same time, to sheriffs of different counties; but no execution against the body of any party shall issue, while cutions. there is an execution against his property not returned; nor shall an execution against the property of any party be issued, while there is an execution against his body unreturned, unless by order of the court. $7. When the body of a party shall have been taken on an execution issued for that purpose, no other execution can be issued against him or his property, except in cases specially provided by law. When body taken in exe cution. Ib. after escape of defendant. Interest when to be collect ed. Time of re ceipt to be $8. But if any person who shall have been taken on an execution shall escape, he may be re-taken by a new execution against his body, or an execution against his property may be issued, in the same manner as if the body of such prisoner had never been taken in execution.4s $9. Whenever a judgment shall be rendered upon any contract, or upon any prior judgment, and execution shall be issued thereon, it shall be lawful to direct, upon such execution, the collection of interest on the amount recovered, from the time of recovering the same, until such amount be paid." 44 $10. Upon the receipt of any execution, it shall be the duty of the endorsed on sheriff or other officer, to endorse thereon the year, month, day, and hour of the day, when he received the same. execution. Executions on judgments riffs. 45 $ 11. In all cases where a judgment shall be obtained in any court against she against the sheriff of any county, either singly or with others, instead of directing the execution thereon to the coroner of the county, it may be directed and delivered to any person, (except a party in interest in the suit,) who shall be designated by the court in term by an order to be entered in the minutes, or by any judge thereof in vacation, by an order to be endorsed on such execution. Authority, $12. The person so designated and receiving such execution to receiving. execute the same, shall in respect to such execution, be deemed a coroner of the county, and shall be liable in all respects to all the provisions of law respecting sheriffs, so far as the same may be applicable. (42) 1 R. L. p. 502, § 7. (43) Ib. 426, § 24. (44) Ib. 506, § 50. (45) Ib. 501, § 6. ARTICLE SECOND. Of Executions against Property. SEC. 13. Goods bound only from delivery of execution. 14 & 15. Priority of executions and attachments against same defendant. 16. Certain executions to have priority from time of their being levied. 17. Title of purchasers before levy, not to be affected. 18. Current coin to be levied on and returned. 19. Bills of banks, &c. may be levied on and sold. 20. Interest of bailor in goods pledged, may be sold. 21. Notice of sale of chattels, how and for what time, to be given. 22. Enumeration of property exempt from execution. 23. Mode of conducting sale of personal property. 24. Form of execution for sale of real estate. 25. Form against heirs, ter-tenants, &c. 26. Lands held in trust liable to executions, &c. 27. Executions on judgments against dead persons when to issue, &c. 28. Also, on judgments against persons dying in execution. 29. But not to be levied on real estate sold by defendant. 30. Nor upon real estate actually sold under a judgment. 31. Equity of redemption not to be sold by certain executions. 32. Description of mortgaged premises to be endorsed on execution, &c. 33. Such execution how to be returned. 34. Time and place of selling real estate, how to be advertised. 35. Real estate to be sold, how to be described. 36. Sales of real and personal property to be at vendue, and by day-light. 37. Penalty for selling contrary to foregoing provisions. 38. Mode of conducting sale of real estate. 39. Penalty for taking down, &c. notices of sale. 40. Validity of sales not affected by omissions of officers, &c. 45. When and on what terms land may be redeemed. 46. By whom redemption may be made. 47. Heirs and grantees of portions of land sold, may redeem the whole. 48. Owners of undivided shares, may redeem such shares. 49. Sale to be void on redemption being made. 50. When interest of purchaser may be acquired, if not redeemed. 51. May be acquired by creditor having judgment or decree, &c. 52. If judgment, &c. be a lien on particular lot, &c. 53. If it be a lien on specific portion of a lot, &c. 54. If it be a lien on an undivided share. 55. Terms on which any other creditor may purchase. 56. Third or other creditors may also purchase. 57. Right of original purchaser, if he be creditor, &c. 58. Rights of plaintiff issuing execution. 59. Sums required to whom to be paid; effect of payment. 60. Evidence of creditor's right to purchase, &c. 61. Legal estate in lands sold, when to vest. 62. When conveyance to be executed; its effect. 63. When to executors, &c. of purchaser. 64. Effect of such conveyance. 65. Authority of under sheriff in case of death of sheriff. 66. Proceedings if there be no under sheriff. 67. Money to whom to be paid, if sheriff die, &c. ART. 2. from delivery $ 13. Whenever an execution shall be issued against the property Goods bound of any person, his goods and chattels, situated within the jurisdiction of execution. of the officer to whom such execution shall be delivered, shall be bound only from the time of the delivery of the same to be executed.46 (46) 1 R. L. p. 501, § 6. |