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tody, 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.

2 R. S. 364, 7. See Noe v. Christie, 46 How. 496; 15 Abb. N. S. 346.

§ 1492. New execution may issue after escape. 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 execution, by virtue of which he was taken had been returned, without his having been taken.

Id., 18.

1493. Id.; when debtor dies charged in execution. 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.

2 R. S. 363, 23 (2 Elm. 331). Sections 29 and 30 are in 1495, post. See 1380, 1381.

S1494. Id.; when creditor charges debtor after thirty days. 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 judg. ment 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.

L. 1837, ch. 427, 1, amending 2 R. S. 34, 17 (2 Edm. 34).

1495. New execution not to be enforced against real property sold, etc. 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.

2 R. 8. 368, 29 and 30 (2 Edm. 352), consolidated.

THE

NEW-YORK

CODE OF CIVIL PROCEDURE.

CAREFULLY ANNOTATED

AND

FULLY INDEXED.

PART II.

CHAPTERS 14-22,

AS ENACTED IN 1880.

TOGETHER WITH THE REPEALING ACT

AND

TABLE OF CORRESPONDING SECTIONS.

ALBANY:

JOHN D. PARSONS, JR., LAW PUBLISHER.

1881.

THE

NEW REVISION OF THE STATUTES

OF THE

STATE OF NEW YORK.

The Code of Civil Procedure.

PART II.

[L. 1880, chap. 178.]

AN ACT

SUPPLEMENTAL TO THE CODE OF CIVIL PRO. CEDURE.

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:

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