coroner; in which case it must be so directed. The person so designated must be of full age, a resident of the State, and not a party to the action, or interested therein. Where the execution is issued upon a judgment for a sum of money, or directing the payment of a sum of money, the order does not take effect, until the person so designated executes, and files in the clerk's office, a bond to the people, with at least two sureties, approved by a judge of the court, or a county judge, in a penal sum, fixed by the order, not less than twice the sum to be collected by virtue of the execution; conditioned for the faithful performance of his duties under the execution. A certified copy of the order, and, where it requires a bond to be given, the clerk's certificate that a bond has been filed, as required by the order, must be attached to the execution. The person so designated is deemed an officer; and, with respect to that execution, he is subject to the obligations and liabilities, and has the power and authority of a coroner, and is entitled to fees accordingly. TITLE 1. Time of re ceipt to be § 1363. The sheriff, to whom an execution is directed and delivered, must, upon the receipt thereof, indorse thereupon a memorandum of indorsed the day, hour, and minute, when he received it. § 1364. There are four kinds of execution, as follows: 1. Against property. 2. Against the person. 3. For the delivery of the possession of real property, with or without damages for withholding the same. 4. For the delivery of the possession of a chattel, with or without damages for the taking or detention thereof. An execution is the process of the court, from which it is issued. on execu tion. The different kinds of execution. counties § 1365. An execution against property can be issued only to a county, To what in the clerk's office of which the judgment is docketed. An execution executions against the person may be issued to any county. An execution for the may issue. delivery of the possession of real property, must be issued to the county, where the property, or a part thereof, is situated. An execution for the delivery of the possession of a chattel, may be issued to any county, where the chattel is found; or to the sheriff of the county where the judgment-roll is filed. Executions, upon the same judgment, may be issued at the same time, to two or more different counties. requisites § 1366. An execution must intelligibly describe the judgment, stat- General ing the names of the parties in whose favor, and against whom, the of executime when, and the court in which, the judgment was rendered; and, tions. if it was rendered in the supreme court, the county in which the judgment-roll is filed. It must require the sheriff to return it to the proper clerk, within sixty days after the receipt thereof. Except as otherwise prescribed in the next section, it must be made returnable to the clerk, with whom the judgment-roll is filed. issued on § 1367. Where an execution is issued out of a court, other than that Id.; when in which the judgment was rendered, upon filing a transcript of the filing tranjudgment rendered in the latter court, it must also specify the clerk, script from justice's with whom the transcript is filed, and the time of filing; and it must court, etc. 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 judgment-roll. tion for the § 1368. An execution, issued upon a judgment for a sum of money, Requisites or directing the payment of a sum of money, must specify, in the body of execu thereof, the sum recovered, or directed to be paid, and the sum actually collection due when it is issued. It may specify a day, from which interest upon of money. TITLE 1. Id.; against property. Id.; where a warrant of attach ment has been issued. Id.; against executor, etc. Id.; against the sum due is to be computed; in which case, the sheriff must collect interest accordingly, until the sum is paid. If all the parties, against whom the judgment is rendered, are not judgment debtors, the execntion must show who is the judgment debtor. § 1369. An execution against property must, if the judgment-roll is not filed in the clerk's office of the county to which it is issued, specify the time when the judgment was docketed in that county. It must, except in a case where special provision is otherwise made by law, substantially require the sheriff to satisfy the judgment, out of the personal property of the judgment debtor; and, if sufficient personal property cannot be found, out of the real property, belonging to him, at the time when the judgment was docketed in the clerk's office of the county, or at any time thereafter. § 1370. Where a warrant of attachment, issued in the action, has been levied, by the sheriff, the execution must substantially require the sheriff to satisfy the judgment, as follows: 1. Where the judgment debtor is a non-resident, or a foreign corporation, and the summons was served upon him or it, without the State, or otherwise than personally, pursuant to an order obtained for that purpose, as prescribed in chapter fifth of this act, and the judgment debtor has not appeared in the action; out of the personal property attached, and, if that is insufficient, out of the real property attached. 2. In any other case, out of the personal property attached; and, if that is insufficient, out of the other personal property of the judgment debtor; if both are insufficient, out of the real property attached; and, if that is insufficient, out of the real property, belonging to him, at the time when the judgment was docketed in the clerk's office of the county, or at any time thereafter. § 1371. An execution against real or personal property, in the hands of an executor, administrator, heir, devisee, legatee, tenant of real property, or trustee, must substantially require the sheriff to satisfy the judgment, out of that property. § 1372. An execution against the person must substantially require the person. the sheriff, to arrest the judgment debtor, and commit him to the jai! of the county, until he pays the judgment, or is discharged according to law. Except where it may be issued, without the previous issuing and return of an execution against property, it must recite the issuing and return of such an execution, specifying the county to which it was issued. Id.; for delivery of money, re ment, may ed. § 1373. An execution for the delivery of the possession of real propproperty. erty, or a chattel, must particularly describe the property, and desigHow nate the party to whom the judgment awards the possession thereof; covered by and it must substantially require the sheriff, to deliver the possession same jug of the property, within his county, to the party entitled thereto. If a be collect- 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. § 1374. Where a judgment awards different sums of money, to or where sep against different parties, a separate execution may be issued, to collect arate sums each sum so awarded; subject to the power of the court, to control the enforcement of the executions, upon motion, where the collection of one execution will, wholly or partly, satisfy another. Separate executions, awarded. TITLE 1. § 1375. Except as otherwise specially prescribed by law, the party Execution recovering a final judgment, or his assignee, may have execution there- of course, upon, of course, at any time within five years after the entry of the within five judgment. years. after death § 1376. Where the party recovering a final judgment has died, exe- Execution, cution may be issued at any time within five years after the entry of of judgthe judgment, by his personal representatives, or by the assignee of ment credthe judgment, if it has been assigned, and the execution must be indorsed with the name and residence of the party issuing the same. itor. cution may § 1377. After the lapse of five years from the entry of a final judg- When exement, execution can be issued thereupon, in one of the following cases be issued only: 1. Where an execution was issued thereupon, with* five years after the entry of the judgment, and has been returned wholly or partly unsatisfied or unexecuted. 2. Where an order is made by the court, granting leave to issue the execution. after five years. how ob § 1378. Notice of an application for an order, granting leave to issue Id,; leave an execution, as prescribed in the last section, must be served person-tained. ally upon the adverse party, if he is a resident of the State, and personal service can, with reasonable diligence, be made upon him therein; otherwise, notice' must be given in such manner as the court directs. Where the judgment is for a sum of money, or directs the payment of a sum of money, leave shall not be granted, except on proof, by affidavit, to the satisfaction of the court, that the judgment remains wholly or partly unsatisfied. etc. issue exe § 1379. An execution to collect a sum of money cannot be issued, No execu against the property of a judgment debtor, who has died since the decedent, tion against entry of the judgment, except as prescribed in the next two sections. except, § 1380. After the expiration of one year from the death of a party, Leave reagainst whom a final judgment for a sum of money, or directing the quired to payment of a sum of money, is rendered, the judgment may be en- cution forced by execution, against any property upon which it is a lien, against dewith like effect as if the judgment debtor was still living. But such an execution shall not be issued, unless an order, granting leave to issue it, is procured from the court, from which the execution is to be issued, and a decree, to the same effect, is procured from a surrogate's court of the State, which has duly granted letters testamentary or letters of administration, upon the estate of the deceased judgment debtor.. cedent's property. § 1381. Leave to issue an execution, as prescribed in the last sec- Leave, how tion, must be procured as follows: 1. Notice of the application, to the court, from which the execution is to be issued, for an order, granting leave to issue the execution, must be given to the person or persons, whose interest in the property will be affected by a sale by virtue of the execution, and also to the executor or administrator of the judgment debtor. The general rules of practice may prescribe the manner in which the notice must be given; until provision is so made therein, it must be served, either personally, So in the original. obtained. 263 TITLE 1. Time of stay by or der, etc., not reck or in such manner as the court prescribes, in an order to show cause. Leave shall not be granted, except upon proof, by affidavit, to the satisfaction of the court, that the judgment remains wholly or partly unsatisfied. 2. For the purpose of procuring a decree from the surrogate's court, granting leave to issue the execution, the judgment creditor must present to that court, a written petition, duly verified, setting forth the facts, and praying for such a decree; and that the persons, specified in the first subdivision of this section, may be cited, to show cause why it should not be granted. Upon the presentation of such a petition, the surrogate must issue a citation accordingly; and, upon the return thereof, he must make such a decree in the premises, as justice requires. § 1382. The time during which the person, entitled to enforce a judgment, is stayed from enforcing it, by the provision of a statute, or oned under by an injunction or other order, or in consequence of an appeal, is not a part of the time, limited by this title, for issuing an execution thereupon, or for making an application for leave to issue such an execution. Execution § 1383. The last six sections do not affect the right of a judgment surviving creditor to enforce a judgment, against the property of one or more judgment debtors. surviving judgment debtors, as if all the judgment debtors were living. In that case, an execution must be issued in the usual form; but the attorney for the judgment creditor must indorse thereupon, a notice to the sheriff, reciting the death of the deceased judgment debtor, and requiring the sheriff not to collect the execution, out of any property which belonged to him. this title. against Sale on execution, § 1384. A sale of real or personal property, by virtue of an execuetc.; when tion, or pursuant to the directions contained in a judgment or order, and how must be made at public auction, between the hour of nine o'clock in the morning and sunset. conducted. Penalty for taking down or defacing notice of sale. Validity of sale, when not affect ed by her iff's default, etc. Purchases on such sales, by § 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. § 1386. An omission by the sheriff to give notice, as required by 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. § 1387. The sheriff, to whom an execution is directed, or the undersheriff or deputy-sheriff, holding an execution, and conducting a sale certain of of property by virtue thereof, shall not, directly or indirectly, purchase hibited. any of the property at the sale. A purchase made by him, or to his use, is void. ficers, pro When execution to be enforced sheriff. § 1388. Where the sheriff, to whom an execution is delivered, dies, is removed from office, or becomes otherwise disqualified to act, before by under the execution is returned, his under-sheriff must proceed upon the execution, as the sheriff might have done. If there is no under-sheriff, the court, from which the execution issued, may designate a person to proceed thereupon; who may complete the same, as an under-sheriff might have done. The person so designated must give such security as the court directs. He is deemed an officer; and is subject to the So in the original. same obligations and liabilities, and has the same power and authority, in relation to the object of his appointment, as a sheriff, and is entitled to fees accordingly. But this section does not apply, in a case where special provision is otherwise made by law, for the enforcement of an execution, after the death, removal from office, or other disqualification, of the sheriff, or under-sheriff. ART. 1. TITLE II. Execution against property. ARTICLE 1. Property exempt from levy and sale. 2. Lien of an execution upon personal property; levy upon and sale of 3. Sale, redemption, and conveyance of real property; rights and liabili- 4. Remedies for failure of title to real property sold, and to enforce con- ARTICLE FIRST. PROPERTY EXEMPT FROM LEVY AND SALE. SECTION 1389. Certain special exemptions not affected by this article. 1390. What personal property is exempt, when owned by a householder. 1392. Widow, etc., or married woman entitled to exemption as a house- 1393. Military pay, rewards, etc., exempt from execution and other legal 1394. Right of action for taking, etc., exempt property. 1395. Burying ground; when exempted. 1396. How exempt burying ground designated. 1397. Homestead; when exempted. 1398. How exempt homestead designated. 1399. Married woman's homestead; when exempted. 1400. When exemption to continue after owner's death. 1401. Exemption; when not affected by temporary suspension of residence. 1402. If value of homestead exceeds one thousand dollars, lien attaches to surplus. 1403. Id.; how proceeds to be marshalled when property is sold. emptions § 1389. The enumeration, in this article, of the property which is certain exempt from levy and sale by virtue of an execution, does not repeal special exany special provision of law, relating to such an exemption, which, by not affect its terms, is applicable only to a particular class of persons, or corpo- article. rations, or to a particular locality, or otherwise to a special case. ed by this erty is § 1390. The following personal property, when owned by a house- What per holder, is exempt from levy and sale by virtue of an execution; and son prop each moveable article thereof continues to be so exempt, while the empt, when family, or any of them, are removing from one residence to another: a house1. All spinning wheels, weaving looms, and stoves, put up, or kept holder. for use, in a dwelling house; and one sewing machine, with its appur tenances. owned by |