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Transcripts since June, 1840, Laws, 1840, p. 334, § 26.

Surrogate's Decrees, 2, R. S. 46.

Laws of 1837, p. 535.

1844, p. 91.

Insolvent Assignments, 1 R. S., ch. 5, arts. 1 to 10.
Insolvent Notices, 2 R. S., p. 8, sections 32, 33.
Collectors' Bonds and their sureties.

Laws, 1838, p. 184.

66 1843, p. 314.

Forfeited Recognizances, Laws, 1844, p. 475.
Bonds of receiver of taxes, and deputy, and sureties,
to be filed in comptroller's office. 1843, p. 315.
Notes given to Mutual Insurance Company, 1836, p.
91, which is a pattern act, and including others
framed upon it.

Specific Liens :

Conveyances, 1 R. S., 762, § 38.

Mortgage to U. S. loan commissioners, 1837, p. 121.
Mechanics' liens, 1844, p. 339.

Notice of action pending, 2 R. S., 174, § 48.

Certificates of sheriff and U. S. marshal sales. 2 R.

S., 370.

Taxes and sales for unpaid taxes.

Assessments and sales for unpaid assessments.

Water rents, 1849, p. 542.

§ 824. The docket mentioned in section 822 is a book,

which the clerk must keep in his office, and in which he must enter alphabetically, under the name of each person,

1. The names of the parties to the judgment:

2. The amount of the judgment: and

3. The precise time of his entry.

See 2 R. S. 359 § 6, & 361 § 13.

§ 825. Satisfaction of a judgment may be entered in ihe clerk's register and docket, upon an execution returned satisfied, or upon an acknowledgment of satisfaction filed with the clerk, made in the manner of an acknowledgment of a conveyance of real property, by the judgment creditor, or within two years after the judgment, by the attorney, unless a revocation of his authority is previously entered upon the register. Whenever a judgment is satisfied in fact, otherwise than upon an execution, it is the duty of the party or attorney to give such acknowledgment, and upon motion, the court may compel it, or may order the entry of satisfaction to be made without it. And whenever a judgment is satisfied in fact as to any one of several defendants, an entry to that effect may be made in the register and docket.

See 2 R. S. 362, §§ 22, 23, 24, 25, 26.

TITLE IX.

OF THE EXECUTION OF THE JUDGMENT IN CIVIL ACTIONS.

CHAPTER I. The execution.

II. Proceedings supplementary to the execution.

CHAPTER I.

THE EXECUTION.

SECTION 826. Execution within five years, of course, as prescribed by this title. 827. The different kinds of execution.

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829. To be returnable in sixty days.

830. Specific judgments, how enforced.

831. After five years, to be issued only by leave of court.

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833. To what counties execution may be issued.

834. Execution against the person, in what cases and when.

835. Persons arrested on execution to be imprisoned.

836. After arrest, another execution not to issue.

837. What property may be levied on.

Leave how

838. When property is claimed by a third person, sheriff may summon ju

ry to try the claim.

839. What property is exempt from execution.

840. Manner of executing against property.

841. Notice of sale of property.

842. Penalty for selling without notice.

843. Manner of conducting sale.

844. Certificate of sale of real property.

845. How real property may be redeemed.

846. Redemption may be by payment to purchaser.

847. The purchaser if a creditor may redeem.

848. The evidence of the lien must be produced.

849. Sheriff must execute deed after expiration of time.

850. Injunction allowed to stay waste after sale.

851. When title fails, purchaser may have restitution.

852. When execution against several, is enforced against one, he may have contribution, or if a surety, restitution.

§ 826. The party in whose favor judgment is given, may at any time within five years after the entry thereof, proceed to enforce the same as prescribed in this title.

§ 827. There are three kinds of writs of execution; one against the property of the judgment debtor; another against his person; and the third for the delivery of the possession of real or personal property, or such delivery with damages for withholding the same. They are issued in the name of the people and are deemed the process of the court, but they need not be sealed nor subscribed, except as prescribed in the next section.

Amended Code, § 286.

§ 828. The writ of execution must be directed to the sheriff, subscribed by the party issuing it, or his attorney, and must intelligibly refer to the judgment, stating the court, the county where the judgment roll or transcript is filed, the names of the parties, the amount of the judgment, if it be for money, the amount actually due thereon, and the time of docketing in the county to which the execution is issued, and must require the sheriff substantially as follows:

1. If it be against the property of the judgment debtor, it must 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, out of his real property, or if the judgment}be a lien on real property, then out of the real property belonging to him on the day when the judgment was docketed in the county, or at any time thereafter, or

if the judgment be entered pursuant to the first subdivision of section 632, the execution must conform to such judgment:

2. If it be against real or personal property, in the hands of personal representatives, heirs, devisees, legatees, tenants of real property, or trustees, it must require the sheriff to satisfy the judgment, with interest, out of such property;

3. If it be against the person of the judgment debtor, it must require the sheriff to arrest such debtor, and commit him to the jail of the county, until he pay the judgment, with interest, or be discharged according to law;

4. If it be for the delivery of the possession of real or personal property, it must 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, charges, damages, rents, or profits recovered by the same judgment, out of the personal property of the party against whom it was rendered, and the value of the property for which the judgment was recovered to be specified therein, if a delivery thereof cannot be had, and if sufficient personal property cannot be found, then out of real property, as provided in the first subdivision of this section, and in that respect it is to be deemed an execution against property.

Amended Codé, § 289.

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