22, ALb. N. C. 73. 23 Misc. 722. 45 Han, 133. 79 Hun, 465. § 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. § 1487. [Am'd 1879.] Where a judgment can be enforced by execution, as prescribed in section one thousand 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. [Am'd 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 executed against the judgment debtor, has not been vacated. § 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. § 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 execution, issued upon a previous or subsequent judgment. The Union Surety and Guaranty Co. 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 courts, officers of justice, and civil proceedings," passed June 2, 1876, 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, that 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 foreclose a mortgage. 5. Action to compel the determination of a claim to read 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. 61 N. Y. State 350. ARTICLE FIRST. ACTION TO RECOVER REAL PROPERTY. $1496. Plaintiff may recover dam. nges with the land 1497 Rents and profits to be in- 1498. Mortgagee cannot main- 1499. When action of ejectment 1513. Order thereupon. When orster to be proved. 1516. Rule, when there are distinct occupants. 1517. The last section qualified. 1518. When plaintiff may recover against one defendant, subject rights of others. 1519. Verdict, etc., to to state nature of plaintiff's estate. $1496 In an action to recover real property, or the possession 121183. thereof, the plaintiff may demand in his complaint, and in a proper Rep. case recover, damages for withholding the property. 139 Id. 541. 31 N.Y. State Rep. 350. $1497. Those damages include the rents and profits or the 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 maintained. [Am'd 1898, amendment to take effect September 1, 1895 ] 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 which there stands the exterior wall of a building 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 erection of such wal or within one year after the first day of September, eighteen hundred and ninety-eight. But an action may be maintained, 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 damages the title of the plaintiff to such strip of land shall thereby |