TITLE 1. Id.; after trial of issue of upon the issue last tried, the application must be for judgment, upor the whole issue; and judgment must be rendered accordingly. 2. Where the action is triable by a jury, and the issue last tried is tried at a term of the court, the application for judgment, upon the whole issue, may be entertained, in the discretion of the court, at that term, and with or without notice; if not so entertained, it must be heard as a motion. 3. Where the issue last tried is tried before a referee, his report must award the proper judgment upon the whole issue, unless otherwise prescribed in the order of reference. § 1222. Final judgment upon an issue of law, where no issue of fact remains to be tried, and final judgment has not been directed as prelaw only. cribed in section ten hundred and twenty-one of this act, may be entered upon application to the court, or by the clerk in an action specified in section four hundred and twenty of this act. Proceedings upon under the last two sections. § 1223. Upon an application, by either party, to the court, for final application judgment, after the decision of an issue of law, as prescribed in the last two sections, the court has the powers specified in section one thousand two hundred and fifteen of this act, upon an application for judgment by the plaintiff. Where final judgment may be awarded in a referee's report, as prescribed in section twelve hundred and twenty-one of this act, the referee may make a computation, or an assessment, or take an account, or proof of a fact, for the purpose of enabling him to award the proper judgment, or enabling the court to carry it into effect; and he may ascertain and fix the damages, as a jury may do, upon the execution of a writ of inquiry. Id.; upon interlocu § 1224. When an order or judgment is wholly or partly affirmed upon tory judg an appeal to the general term, and no issue of fact remains to be tried, affirmed at the general term may, in its discretion, render final judgment, unless it permits the appellant to amend or plead over. ment, etc., general term. § 1225. In an action triable by the court, where one or more specific Judgment, questions of fact, arising upon the issues, have been tried by a jury, by jury of judgment may be taken, upon the application of either party, as after trial specific questions of fact. Id.; after reference to deter follows: 1. If all the issues of fact in the action are determined by the findings of the jury, or the remaining issues of fact have been determined by the decision of the court, or the report of a referee, an application for judgment, upon the whole issue, may be made as upon a motion. 2. If one or more issues of fact remain to be tried, judgment may be rendered upon the whole issue, at the term of the court where, or by direction of the referee by whom, they are tried. § 1226. Where a reference has been made, to report upon one or more specific questions of fact, arising upon the issue, and the remaining mine spe- issues have been tried, judgment must be taken, upon the application tions of of either party, as prescribed in section one thousand two hundred and twenty-one of this act. cific ques fact. Id.; upon motion for new trial, heard at general term. § 1227. Where a motion for a new trial, made in the first instance at a general term is denied, judgment may be taken, as if the motion for a new trial had not been made, after the expiration of four days from the entry of the order, and the service, upon the attorney for the adverse party, of a copy thereof, and notice of the entry; but not before. ART. 2. Id.; upon referee of § 1228. Where the whole issue is an issue of fact, which was tried by a referee, the report stands as a decision of the court. Except trial by where it is otherwise expressly prescribed by law, judgment upon such court or a report, or upon the decision of the court, upon the trial of the whole the whole issue of fact without a jury, may be entered by the clerk, as directed issue of therein, upon filing the decision or report. fact. monial causes, can be ren § 1229. In an action to annul a marriage, or for a divorce or separa- In matrition, judgment cannot be taken, of course, upon a referee's report, as prescribed in the last section, or where the reference was made, as pre- judgment scribed in section one thousand two hundred and fifteen of this act. dered only Where a reference is made in such an action, the testimony, and the by the other proceedings upon the reference, must be certified to the court, by the referee, with his report; and judgment must be rendered by the court. court. ment upon awarding § 1230. In a case, not provided for in the foregoing sections of this Final judg article, where the decision, upon a trial by the court, without a jury, decision or or the report, upon a trial by a referee directs an interlocutory judg- report ment to be entered, and the party afterwards becomes entitled to a interlocu final judgment, an application for the latter may be made, as upon a tory judg motion. And where a judgment requires the appointment of a referee, to do any act thereunder, the referee must be appointed by the judgment or by the court, upon motion, except as otherwise prescribed in the next section. ment, etc. settled in § 1231. In an action triable by the court, an interlocutory judgment Id.; how final judg rendered upon a default in appearing or pleading, or pursuant to the ment endirection contained in a decision or report, may state the substance of tered and the final judgment, to which the party will be entitled. It may also certain direct, that the final judgment be settled by a judge, or a referee. In cases. that case, final judgment shall not be entered, until a settlement thereof, subscribed by the judge or referee, is filed. Where an interlocutory judgment awards costs, they may be awarded generally, without specifying the amount thereof. Where the final judgment is directed to be settled, and the costs have not been taxed, when the settlement thereof is filed, a blank for the amount of the costs must be left in the settlement; and the costs must be taxed, and the blank filled up accordingly, by the clerk, when the final judgment is entered. ence or in how reviewed. § 1232. Where a reference, or a writ of inquiry, directed as pre- Interlocu scribed in section one thousand and fifteen, or section one thousand tory refertwo hundred and fifteen of this act, has been executed, either party quisition; may apply for an order, directing a new hearing, or a new writ of inquiry, upon proof, by affidavit, that error was committed, to his prejudice, upon the hearing, or in the report, or upon the execution of the writ or in the inquisition. In a proper case, the application may be granted, after judgment has been entered. In that case, the judgment may be set aside, either then or after the new hearing, or the execution of the new writ, as justice requires. judgment § 1233. A motion for judgment, upon a special verdict, may be made Motion for by either party; and must, in the first instance, be heard and decided, una speat a term held by one judge. cíal verdict, etc. § 1234. A motion for judgment, upon a verdict subject to the opinion Id.; upon of the court, may be made by either party; and must be heard and verdict decided at the general term. subject to opinion of TITLE 1. Interest on § 1235. Where final judgment is rendered for a sum of money, verdict, awarded by a verdict, report, or decision, interest upon the sum etc., to be awarded, from the time when the verdict was rendered, or the report or decision was made, to the time of entering judgment, must be computed by the clerk, added to the sum awarded, and included in the amount of the judgment. included in recovery. Clerk to keep judg judgment to be en § 1236. The clerk must keep, among the records of the court, a book ment book; for the entry of judgments, styled the "judgment-book." Each interlocutory or final judgment must be entered in the judgment-book, and attested by the signature of the clerk; who must note, in the margin of the entry, the day and year of entering it. It must specify clearly the relief granted, or other determination of the action, or of the issue. tered therein. Judgmentroll to be filed; of what it consists. § 1237. The clerk upon entering final judgment, must immediately file the judgment-roll; which must consist, except where special provision is otherwise made by law of the following papers: the summons; the pleadings, or copies thereof; the final judgment, and the interlocutory judgment, if any, or copies thereof; and each paper on file, or a copy thereof, and a copy of each order, which in any way involves the merits, or necessarily affects the judgment. If judgment is taken by default, the judgment-roll must also contain the papers required to be filed, upon so taking judgment, or upon making application therefor; together with any report, decision or writ of inquiry, and return thereto. If judgment is taken after a trial, the judgmentroll must contain the verdict, report, or decision; each offer if any, made as prescribed in this act; and the exceptions or case then on file. § 1238. The judgment-roll must be prepared, and furnished to the pared. clerk, by the attorney, for the party, at whose instance the final judgment is entered; except that the clerk must attach thereto the necessary original papers, on file. But the clerk may, at his option, make up the entire judgment-roll. Id.; by whom pre Time of filing judg § 1239. The clerk must make a minute, upon the back of each ment-roll judgment-roll, filed in his office, of the time of filing it, specifying to be noted. the year, month, day, hour, and minute. A proceeding to enforce or collect a final judgment, cannot be taken, until the judgment-roll is filed. When a § 1240. In either of the following cases, a final judgment may be judgment enforced by execution: may be enforced by execution. When a judgment may be en 1. Where it is for a sum of money, in favor of either party; or directs the payment of a sum of money. 2. Where it is in favor of the plaintiff, in an action of ejectment, or for dower. 3. In an action to recover a chattel, where it awards a chattel to either party. § 1241. In either of the following cases, a judgment may be enforced, by serving a certified copy thereof, upon the party against whom it is forced by rendered, or the officer or person, who is required thereby, or by law, to obey it; and, if he refuses or wilfully neglects to obey it, by punishing him for a contempt of the court. punishment for disobeying it. 1. Where the judgment is final, and cannot be enforced by execution, as prescribed in the last section. 2. Where the judgment is final, and part of it cannot be enforced by execution, as prescribed in the last section; in which case, the part or parts, which cannot be so enforced, may be enforced as prescribed in this section. 3. Where the judgment is interlocutory, and requires a party to do, or to refrain from doing, an act; except in a case specified in the next subdivision. 4. Where the judgment requires the payment of money into court, or to an officer of the court; except where the money is due upon a contract, express or implied, or as damages for non-performance of a contract. In a case specified in this subdivision, if the judgment is final, it may be enforced, as prescribed in this section, either simulta neously with, or before or after the issuing of an execution thereupon, as the court directs. ART. 3. sold. Ef § 1242. Except where special provision is otherwise made by law, Real propreal property, adjudged to be sold, must be sold in the county where erty; how it is situated, by the sheriff of the county, or by a referee, appointed fect of con by the court for that purpose, who must execute a conveyance to the veyance. purchaser. The conveyance is effectual, to pass the right title, or interest of a party, adjudged to be sold; but nothing contained in this section shall be deemed to repeal or modify the provisions of any law specially regulating the sale of real property under a judgment or a decree of any court, in any particular county of the State. by referee. § 1243. Where a referee is appointed by the court, to sell real prop- Security erty, the court may provide for his giving such security, as the court upon sale deems just, for the proper application of the money received upon the sale or for the payment thereof by the purchaser, directly to the person or persons entitled thereto, or their attorneys. to state name § 1244. A conveyance of property, sold by virtue of an execution, Conveyor sold pursuant to a judgment, which specifies the particular party or ante a parties, whose right, title or interest is directed to be sold, must dis- of party. tinctly state, in the granting clause thereof, whose right, title or interest was sold, and is conveyed, without naming, in that clause, any of the other parties to the action; otherwise, the purchaser is not bound to accept the conveyance, and, the officer executing it is liable for the damages, which the purchaser sustains by the omission, wheth * he accepts or refuses to accept it. ARTICLE THIRD. DOCKETING A JUDGMENT; EFFECT THEREOF AS A LIEN UPON REAL PROPERTY; TITLE L Certain clerks to keep docketbooks. Id.; to docket 1250. Judgment not to be a lien until docketed. 1251. Real property bound for ten years by a judgment thus docketed. 1255. Certain time not to be included in the ten years. 1256. Court may order lien of judgment to be suspended upon appeal. 1257. From what time order suspends the lien. 1258. How lien suspended in any other county. 1259. When and how lien restored. 1260. Docket of judgment, how cancelled. 1261. Satisfaction-piece to be given on payment of judgment. 1262. Assignor must acknowledge assignment. 1263. Assignee who is a receiver, etc., may file notice. 1264. Entry in docket, upon return of execution satisfied. 1265. Id.; where execution returned unsatisfied. 1266. Sheriff to give copy of satisfied execution; clerk to enter satisfaction. 1267. Docket; when to be discharged and cancelled. 1268. Discharge of a judgment against a bankrupt. 1269. Power of courts respecting docket. 1270. Clerk to file and note assignment of judginent. 1271. Judgments of United States courts may be docketed. 1272. To what judgments and executions this article applies. § 1245. Each county clerk, each clerk of a superior city court, and the clerk of the marine court of the city of New-York, must keep one or more books, ruled in columns, convenient for making the entries, prescribed in the next section; in which he must docket, in its regular order and according to its priority, each judgment, which he is required by this article to docket. The expense of procuring a new book, when necessary, is a county charge. § 1246. Each clerk, specified in the last section, must, when he files judgments. a judgment-roll, upon a judgment, rendered in a court of which he is clerk, docket the judgment, by entering, in the proper docket-book, the following particulars, under the initial letter of the surname of the judgment debtor, in its alphabetical order: Filing transcripts, and dock 1. The name, at length, of the judgment debtor; and also his residence, title, and trade or profession, if any of them are stated in the judgment. 2. The name of the party, in whose favor the judgment was rendered. 3. The sum, recovered or directed to be paid, in figures. 4. The day, hour, and minute, when the judgment-roll was filed. 5. The day, hour, and minute, when the judgment was docketed in his office. 6. The court in which the judgment was rendered, and if it was rendered in the supreme court, the county where the judgment-roll is filed. 7. The name of the attorney for the party recovering the judgment. If there are two or more judgment debtors, those entries must be repeated, under the initial letter of the surname of each. § 1247. A clerk, with whom a judgment-roll is filed, upon a judgment docketed as prescribed in the last section, must furnish, to any person eting judg. applying therefor, and paying the fees allowed by law, one or more ments thereon. clerk's neglect. transcripts of the docket of the judgment, attested by his signature. A county clerk, to whom such a transcript is presented, must, upon payment of his fees therefor, immediately file it, and docket the judgment, as prescribed in the last section, in the appropriate docket-book, kept in his office. Penalty for § 1248. A clerk who omits, as soon as practicable, to docket a judgment required to be docketed, or to furnish a transcript of a judgment, |