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TITLE VII.

OF THE EXECUTION OF THE JUDGMENT IN CIVIL ACTIONS.

CHAPTER 1.-The execution.

Sec. 209. Within what time an execution may issue. 210. Who may issue it ; its form ; to whom directed ; and

what it shall require. 211. When all the defendants were not served with sum

mons,

what to direct. 212. When made returnable. 213. Money judgments and others, how enforced. 214. Repealed. 215. When execution may issue against the property of a

party after his death. 216. Execution may be issued to the Sheriff of any county;

when against the property of the defendant; otherwise when it requires the delivery of real and per

sonal property. 217. What shall be liable to be seized in execution ; not to

be affected till a levy is made. 218. When property is claimed by a third party; how the

right of property to be tried. 219. What property shall be exempt from execution. 220. Writ, how executed. 221. Notice of sale under execution, how given. 222. Selling without notice, what penalty attached. 223. Sales, how conducted; neither the officer conducting

it nor his deputy to be a purchaser; real and personal property, how sold; judgment debtor if present may direct order of sale, and the officer

shall follow his directions. 224. If purchaser refuses to pay purchase money, what

proceedings. 225. Court or Justice may proceed in a summary manner

against a purchaser refusing to pay; officer may refuse such purchaser's bid after.

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226. These two sections not to make officer liable beyond a

certain amount. 227. Personal property capable of manual delivery, how

delivered to purchaser. 228. Personal property not capable of manual delivery,

how sold and delivered. 229. Real property, when absolute sale or not; in the latter

case, what the certificate must contain. 230. Real property 80 sold by whom it may be redeemed. 231. When it may be redeemed ; and redemption money. 232. When judgment debtor or other redemptioner may

redeem. 233. In cases of redemption, to whom the payments are to

be made. 234. What must-a redemptioner do, in order to redeem. 235. Until the expiration of redemption time, Court may

restrain waste on the property ; what shall be con

sidered waste. 236. Rents and profits, who is to receive. 237. If purchaser of real property be evicted for irregu

larities in the sale, what shall he recover, and from whom. When judgment to be revived. Petition for the purpose, how and by whom made.

$ 209. Within what time an execution may issue.

The party in whose favor judgment is given may, at any time within five years after the entry thereof, issue a writ of execution for its enforcement, as prescribed in this chapter. N. Y. Code, $ 283. J. P. See $$ 214, 601, 602.

$ 210. Who may issue the execution, its form, to whom directed and what it shall require.

The writ of execution shall be issued in the name of the people, scaled with the seal of the Court, and subscribed by the Clerk, and shall be directed to the Sheriff, and shall intelligibly refer to the judgment, stating the Court, the county, where the judgment roll is filed, the names of the parties, the judgment, and if it be for money, the amount thereof, and the amount actually due thereon, and shall require the Sheriff substantially as follows:

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Fourth–If it be issued on a judgment made payable in a specified kind of money or currency, as provided in section two hundred of this act, it shall also require the Sheriff to satisfy the same in the kind of money or currency in which said judgment is made payable, and the Sheriff shall 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 shall 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 act, shall 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 judyment creditor in three times the amount of the money so collected.

FifthIf it be for the delivery of the possession of real or per

Amendments to Secs. 210 and 211.Passed April 27th, 1863.

(Took effect on passage.] $ 210. The writ of execution shall be issued in the name of the people, sealed with the seal of the Court, and subscribed by the Clerk, and shall be directed to the Sheriff, and shall 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 two hundred of this act, the execution shall also state the kind of money or currency in which the judgment is payable, and shall require the Sheriff, substantially as follows:

FirstIf it be against the property of the judgment debtor, it shall 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 clocketed; 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.

Second—If it be against real or personal property in the hands of the personal representatives, heirs, devisees, legatees, tenants of real property, or trustees, it shall require the Sheriff to satisfy the judgment, with interest, out of such property.

ThirdIf it be against the person of the judgment alebtor, it shall require the Sheriff to arrest such debtor, and commit him to the jail of the county until he pay the judgment, with interest, or 226. These two sections not to make officer liable beyond a

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certain amount. 227. Personal property capable of manual delivery, how

delivered to purchaser. 228. Personal property not capable of manual delivery,

how sold and delivered. 229. Real property, when absolute sale or not; in the latter

case, what the certificate must contain. 230. Real property so sold by whom it may be redeemed. 231. When it may be redeemed ; and redemption money.

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Fourth-If it be issued on a judgment made payable in a specified kind of money or currency, as provided in section two hundred of this act, it shall also require the Sheriff to satisfy the same in the kind of money or currency in which said judgment is made

payable, and the Sheriff shall 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 shall 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 act, shall 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.

Fifth-If it be for the delivery of the possession of real or personal property, it shall require the Sheriff to deliver the possession of the same, particularly 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.

When a writ of execution is issued on a judgment recovered against two or more persons, in an action upon a joint contract, in which action all the defendants were not served with summons, or did not appear, it shall direct the Sheriff to satisfy the judgment out of the joint property of all the defendants, and the individual property only of the defendants who were served or who appeared in the action. In other respects, the writ shall contain the directions specified in subdivisions one and four of the last section.

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$ 211.

§ 211. When all the defendants were not served with summons, what to direct.

When a writ of execution is issued on a judgment recovered against two or more persons, in an action upon a joint contract, in which action all the defendants were not served with summons, or did not appear, it shall direct the Sheriff to satisfy the judgment out of the joint property of all the defendants, and the individual property only of the defendants who were served, or who appeared

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