the fine was imposed, and of the amount of the fine, accompanied with proof, by affidavit, of service of the notice specified in the last section, to the next term of the county court of the county, in which the delinquent resides. [Id., § 7, with an amendment requiring proof of service of the notice.] PART IL or remis fine. § 1199. The county clerk must deliver to the district-attorney, Collection a copy of the return and of the affidavit, at the time when he son of delivers to him copies of the minutes of fines, imposed by the county court. The fine must be collected, or it may be remitted or reduced, in the same manner as a fine imposed by the county court, upon a defaulting trial juror. [Id., § 8.] 255 JUSTICE'S Judgment for or against a married woman. Judgment to bear interest. CHAPTER XI. JUDGMENTS. TITLE I. Judgment in an action. ARTICLE FIRST. GENERAL PROVISIONS. § 1206. Judgment for or against a married woman, may be rendered and enforced, in a court of record, or not of record, as if she was single. [Prepared as a substitute for the last two sentences of Co. Proc., § 274. There seems to be no sufficient reason, for preserving any longer the remnants of the distinction between actions against married women, and actions against other persons. Ainsley v. Mead, 3 Lans., 116; Morris v. Wheeler, 45 N. Y., 708. See the note to § 450, ante.] § 1211. A judgment for a sum of money, rendered in a court of record, or not of record, or a judgment rendered in a court of record, directing the payment of money, bears interest from the time when it is entered. But where a judgment directs that money paid out shall be refunded or repaid, the direction includes interest from the time when the money was paid unless the contrary is expressed. [The first sentence is from L. 1844, ch. 324, § 1 (3 R. S., 5th ed., 637; 4 Edm., 628), extended to judgments, in a court of record, directing the payment of money into court, etc., as distinguished from ordinary judgments for money. The second sentence is the provision tacked to § 3 of the same act, by L. 1869, ch. 807, § 1 (7 Edm., 477), amended so as to express more intelligibly its supposed meaning. The act of 1869 is one of the curiosities of legislation; for the section of the act of 1844, which it amended, was undoubtedly repealed, by implication, by Co. Proc., § 310, which was substantially identical with it. Î CHAPTER XII. (EXTRACTS.) APPEALS. PART II, TITLE II. Appeal to the court of appeals. Exception to sureties; justi § 1335.* The attorney for the respondent may, within ten days after service of a copy of the undertaking, with notice of the filing fication. thereof, serve upon the attorney for the appellant, a written notice that he excepts to the sufficiency of the sureties. Within ten days thereafter, the sureties, or other sureties in a new undertaking, to the same effect, must justify, before a judge of the court below, or a county judge. At least five days' notice of the justification must be given; in every other respect, the provisions of sections 578, 579 and 580 of this act apply to the justification. If the judge finds the sureties sufficient, he must indorse his allowance of them, upon the undertaking, or a copy thereof; and a notice of the allowance must be served upon the attorney for the exceptant. The effect of a failure so to justify, and to procure an allowance, is the same, as if the undertaking had not been given.(a) [Co. Proc., § 341, amended by making the time to except run fro.. the service of a copy of the undertaking, and of notice of filing, instead of the notice of appeal; and by omitting the first sentence, as it is covered by § 812, ante. See Blake v. Lyon, etc., Co., 7 Week. Dig., 461.] JUSTICE'S CHAPTER XIII. EXECUTIONS. General requisites of executions; when issued on filing TITLE I. Forms of execution; time and manner of issuing an execution ; general duties and liabilities of officers. § 1367.* Where an execution is issued out of a court, other than that in which the judgment was rendered, upon filing a transcript of the judgment rendered in the latter court, it must also specify transcript the clerk, with whom the transcript is filed, and the time of filing; and it must be made returnable to that clerk. If the judgment was rendered in a justice's court, it must specify the justice's name; and it must omit the specification, respecting the filing of the judgmentroll.(*) from justice's court, etc. Requisites of execution for delivery of money, by same may be [This section contains the provisions, necessary in the case which it covers. Section 289 of the Code of Procedure was so drawn that its requirements could not be followed, in the case referred to.] § 1373.* An execution for the delivery of the possession of real property, or a chattel, must particularly describe the property, and erty. How designate the party to whom the judgment awards the possession recovered thereof; and it must substantially require the sheriff, to deliver the judgment, possession of the property, within his county, to the party entitled collected. thereto. If a sum of money is awarded by the same judgment, it may be collected, by virtue of the same execution; or a separate execution may be issued for the collection thereof, omitting the direction to deliver possession of the property. If one execution is issued for both purposes, it must contain, with respect to the money to be collected, the same directions as an execution against property, or against the person, as the case requires.() [Substituted for Co. Proc., § 289, subd. 4. The first sentence of this section contains the corresponding provision of § 289 of the Code of Procedure. The second and third sentences contain all of the remain (a) See section 3043, page 79. (b) Applied to justices' courts by § 2931, page 39. der of that subdivision which it is desirable to retain in this chapter; and also a clause designed to apply this section to the case where an execution, in an action included within the terms of this section, may issue against the person. In ch. 14 of this act, will be found rules for executions in special cases, as where property replevied cannot be returned, etc.] PART II. execution, etc.; when § 1384.* A sale of real or personal property, by virtue of an execu- Sale on tion, or pursuant to the directions contained in a judgment or order, at whe must be made at public auction, between the hour of nine o'clock in ducted. the morning and sunset.(^) [2 R. S., 369, Part 3, ch. 6, tit. 5, § 36 (3 R. S., 5th ed., 650; 2 Edm., 383), amended so as to apply, also, to equity causes.] § 1385.* A person who, before the time fixed for the sale, in a notice of the sale of property, to be made by virtue of an execution, wilfully takes down or defaces such a notice put up by the sheriff, or by his authority, forfeits fifty dollars to the judgment creditor, and the same sum to the judgment debtor; unless the notice was defaced or taken down, with the consent of the person seeking to enforce the forfeiture, or the execution was previously satisfied.(a) [Id., § 39, amended by giving an action also to the judgment debtor, in accordance with the apparent equity of the case, and the dictates of public policy.] con Penalty for taking down or defacing notice of sale. of sale, when not by sheriff's affected § 1386.* An omission by the sheriff to give notice, as required by validity law, or the taking down or defacing of a notice, when put up, does not effect() the validity of a sale, made by virtue of an execution, to a purchaser in good faith, without notice of the omission or offence. (*) [Id., § 49. It has been held that the sheriff's omission to return an execution does not affect the purchaser's title. Phillips v. Scheffer, 7 N. Y. Sup. Ct., 347.] default, etc. on such certain officers, 1387.* The sheriff, to whom an execution is directed, or the Purchases under-sheriff or deputy-sheriff, holding an execution, and conducting sales, by a sale of property by virtue thereof, shall not, directly or indirectly, prohib purchase any of the property at the sale. A purchase made by him, or to his use, is void.(3) [Id., § 41.] ited. (a) Applied to justices' courts by section 3030, page 75. 259 (b) Error for "affect." |