TITLE 2. Id.; where coroner or dies, etc. it to the county treasurer, to the credit of the cause, with like effect, as where it is paid to the sheriff, after a sale by the latter. 2. The provisions of section one thousand four hundred and fifty-five of this act, apply to a redemption, upon a sale made as prescribed in this section; and the officer, who sold the property, must attend, as the sheriff is therein required to attend. If he is not present, the redemp tion may be effected, as prescribed in that section, for redemption in a case, where the term of office of the sheriff, who made the sale, has expired. § 1478. If, when the period for redemption expires, a coroner, or a person ap- person specially appointed by the court, who has sold real property, by pointed virtue of an execution, is dead, or has been removed, or, in the case of a coroner, if he is no longer in office, the court must, upon the application of a person entitled to a deed, appoint a person, to execute the deed accordingly. When evicted may recover pur ARTICLE FOURTH. REMEDIES FOR FAILURE OF TITLE TO REAL PROPERTY SOLD, AND TO ENFORCE CON. TRIBUTION. SECTION 1479. When evicted purchaser may recover purchase-money. 1481. Contribution between owners of real property. 1482. Id.; when part owner redeems. 1483. Order of contribution. 1484. Contribution, how enforced by means of original judgment. 1485. Requisites to preserve the lien. 1486. Entry upon the docket. § 1479. The purchaser of real property, sold by virtue of an execupurchaser tion, his heir, devisee, grantee, or assignee, who is evicted from the possession thereof, or against whom judgment is rendered, in an action chase- to recover the same, may recover the purchase-money, with interest, from the person for whose benefit the property was sold, where the judgment was rendered, or the eviction occurred, in consequence, either: money. 1. Of any irregularity in the proceedings concerning the sale; or 2. Of the judgment, upon which the execution was issued being vacated or reversed, or set aside for irregularity, or error in fact. Remedy of § 1480. Where final judgment is rendered, against the defendant, judgment creditor in an action specified in subdivision first of the last section, the judg thereupon. ment, by virtue of which the sale was made, remains, in his favor, valid and effectual against the judgment debtor therein, his executor, administrator, heir or devisee, for the purpose of collecting the sum paid on the sale, with interest. He may accordingly have a further execution upon that judgment; but the execution does not affect a purchaser in good faith, or an incumbrancer by mortgage, judgment, or otherwise, whose title or whose incumbrance accrued, before the actual levy thereof. Contribu tion between § 1481. Where the real property of two or more persons is liable to satisfy a judgment, and the whole of the judgment, or more than a due owners of proportion thereof, has been collected, by a sale of the real property of one or more of them, by virtue of an execution issued upon the judg ment; the person so aggrieved, or his executor or administrator, may real property. maintain an action, to compel a just and equal contribution by all the persons, whose real property ought to contribute as prescribed in the next section but one. ART. 4. part owner § 1482. Where the heir, devisee, or grantee, of a judgment debtor, Id.; when having an absolute title to a distinct parcel of real property, sold by redeems. virtue of an execution, redeems, as prescribed in section one thousand four hundred and fifty-eight of this act, the property sold, or any part or parts thereof separately sold, which include his property; he may, in like manner, maintain an action, to compel a just and equal contribution by those, who own the residue of the property thus redeemed. contribu § 1483. Where an action is brought, as prescribed in the last two Order of sections, the real property is liable to contribution in the following tion." order: 1. If it comprises different undivided shares or distinct parcels, which have been conveyed by the judgment debtor, they are liable in succession, commencing with the portion last conveyed. 2. If it comprises different undivided shares or distinct parcels, which have been sold by virtue of two or more executions, they are liable in succession, commencing with the portion sold under the last and youngest judgment. 3. If it comprises different undivided shares or distinct parcels, some of which have been conveyed by the judgment debtor, and some of which have been sold by virtue of one or more executions, they are respectively liable in succession, according to the order prescribed in the first and second subdivisions of this section. tion, how § 1484. For the purpose of enforcing contribution, as prescribed in Contributhe last section, the court, in which the action is brought, may, and in enforced a proper case, must, permit the plaintiff to use the original judgment, by means of original and to collect, by an execution issued thereupon, out of any real prop- judgment. erty subject to the lien thereof, the sum which ought to be contributed by that property. For that purpose, the lien of the original judgment, upon that real property, when preserved, as prescribed in the next section, continues, for the term prescribed in sections one thousand two hundred and fifty-one and one thousand two hundred and fifty-five of this act, to the extent of the sum, which ought to be so contributed, notwithstanding the payment made by the party seeking contribution. § 1485. The lien of the original judgment may be preserved, as pre- Requisites scribed in the last section, by filing, in the clerk's office of the county the lien. where the real property is situated, within twenty days after the payment, for which contribution is claimed, an affidavit, in behalf of the person aggrieved, stating the sum paid, and his claim to use the judgment for the reimbursement thereof, with a notice, requiring the clerk to make the entries specified in the next section. But the lien is not preserved, as against a grantee or mortgagee in good faith, for a valuable consideration, without notice, and before the entries are actually made. to preserve § 1486. On filing the affidavit and notice, the clerk must make, upon Entry upon the docket of the judgment, an entry, stating the sum paid, and that the docket. the judgment is claimed to be a lien to that amount. Where it is desired to preserve the lien, upon property situated in two or more counties, a similar affidavit and notice must be filed with, and a similar entry made by, the clerk of each county. TITLE 3. In what cases execution may TITLE III. Execution against the person. SECTION 1487. In what cases execution may be issued against the person. 1489. When execution against property must be first issued. 1490. Simultaneous executions not allowed against property and person. 1491. Id.; when debtor has been taken. 1492. New execution may issue after escape. 1493. Id.; when debtor dies charged in execution. 1494. Id.; when creditor discharges debtor after thirty days. 1495. New execution not to be enforced against real property sold, etc. § 1487. Where a judgment can be enforced by execution, as prescribed in section one thousand two hundred and forty of this act, an be issued execution, against the person of the judgment debtor, may be issued thereupon, subject to the exception specified in the next section, in either of the following cases: against the person. Id.; against a woman. When exe cution against property 1. Where the plaintiff's right to arrest the defendant depends upon the nature of the action. 2. In any other case, where an order of arrest has been granted and executed in the action, and if it was executed against the judgment debtor where it has not been vacated. § 1488. But an execution cannot be issued against the person of a woman, unless an order of arrest has been granted and executed in the action, and if it was executed against the judgment debtor, has not been vacated. § 1489. Unless the judgment debtor is actually confined, without having been admitted to the liberties of the jail, by virtue of an execution against his person, issued in another action, or of an order of arrest first issued, or a surrender by his bail, in the same action, an execution against his must be Simultaneous executions not allowed against property and person. Id.; when debtor has person cannot be issued, until an execution against his property has been returned, wholly or partly unsatisfied. If he is a resident of the State, the execution against his property must have been issued to the county where he resides. § 1490. An execution against the person of the judgment debtor cannot be issued, without leave of the court, while an execution against his property, issued in the same action, remains unreturned; and an execution against his property cannot be issued, without leave of the court, while an execution against his person, issued in the same action, remains unreturned. § 1491. Where a judgment debtor has been taken, and remains in been taken. Custody, 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. New exe. issue escape. § 1492. If a judgment debtor escapes, after having been taken, by cution may 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.; when debtor dies § 1493. Where a judgment debtor, who has been taken by virtue of charged in an execution against his person, dies while in custody, a new execution 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.; when § 1494. At any time after a judgment debtor has remained in cusdischarges tody, by virtue of an execution against his person, for the space of creditor TITLE 3. thirty days, the judgment creditor may serve upon the sheriff a writ- debtor af ten notice, requiring him to discharge the judgment debtor from cus- ter thirty tody, by virtue of the execution. Whereupon the sheriff must discharge days. the judgment debtor, and return the execution accordingly. After service of such a notice, another execution, against the person of the judgment 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. cution not § 1495. A new execution against property, issued in a case specified New exein the last two sections, cannot be enforced against an interest in real to be enproperty, including a chattel real, which was purchased, in good faith, forced against from the judgment debtor, after the recovery of the judgment upon real propwhich it is issued; or which was sold by virtue of an execution, issued erty sold, upon a previous or subsequent judgment. § 1496. This act shall take effect on the first day of May, eighteen hundred and seventy-seven. CHAPTER 542, OF 1879. § 1. (Contains the amendments to the Code of Civil Procedure, in accordance with which the foregoing sections have been amended.) § 2. But the amendments, made to this act by section five hundred and forty-nine and five hundred and fifty, shall not apply to an action commenced; the amendments to sections eight hundred and seventytwo, eight hundred and seventy-three, and eight hundred and eighty, shall not apply to a case where an order for an examination has been made; the amendment to section ten hundred and eleven shall not apply to a case where a stipulation has been given, and the amendment to section thirteen hundred and eighty shall apply only to a case where the decedent dies, after this act takes effect. Nor shall any amendment made by this act invalidate or impair any proceeding taken. 285 etc. CHAPTER 449. Code of Remedial Justice. Constitution. "Superior city courts." "Mandate.' AN ACT explaining, defining and regulating the effect and application of, and otherwise relating to, the act passed at this session of the Legislature, entitled "An act relating to courts, officers of justice, and civil proceedings." Passed June 2, 1876; 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, passed at this session of the Legislature, entitled "An act relating to courts, officers of justice, and civil proceedings," constitutes a portion of the new revision of the statutes; and may be styled, in any act of the Legislature, or proceeding in a court of justice, or whenever it is otherwise referred to as "The Code of Remedial Justice." § 2. In construing that act, the following rules must be observed, except where a contrary intent is expressly declared in the provision to be construed, or plainly apparent from the context thereof: 1. The "superior city courts" are, collectively, the court of common pleas for the city and county of New York, the superior court of the city of New York, the superior court of Buffalo, and the city court of Brooklyn. 2. The word, "mandate," includes a writ, process, or other written direction issued pursuant to law, out of a court, or made pursuant to law, by a court, or a judge thereof, or by a person acting as a judicial officer, and commanding a court, board or other body, or an officer, or other person, named or otherwise designated therein, to do, or to refrain from doing, an act therein specified. "Judge." 3. The word, "judge," includes a justice, surrogate, recorder or other judicial officer, authorized or required to act, or prohibited from acting in the matter or thing referred to, in the provision in which that word is used. "Clerk." 4. The word, "clerk," signifies the clerk of the court, wherein the action or special proceeding is brought, or wherein, or by whose |