undertaking, exempting from the lien of the judgment, as against judgment creditors, and purchasers and mortgagees in good faith, the real property or chattels real, upon which the judgment is a lien, or a portion thereof, specifically described in the order. If all the property, subject to the lien, is so exempted, the order must direct the clerk, in whose office the judgment-roll is filed, to make an entry, on the docket of the judgment, in each place where it appears in the docket-book, substantially as follows: "Lien suspended upon appeal. See order entered"; adding the proper date. If a portion only is exempted, the order must direct the clerk to make, in like manner, an entry, substantially as follows: "Lien partially suspended upon appeal. See order entered"; adding the proper date. The clerk must, when he files the motion papers, and enters the order, make the entry or entries in the docket-book, as required by the order. § 1257. Where an order is made, as prescribed in the last section, by the supreme court or by a county court, it operates as a suspension of the lien upon property situated in the county, where the judgment-roll is filed, from the time when the order is entered, and the proper entry made in the docket-book. If the property exempted is situated in another county, or if the order was made by a court, other than the supreme court or a county court, the order operates as a suspension, from the time, when the proper entry is made in the docket-book, kept by the clerk of that county, as prescribed in the next section. § 1258. The clerk, with whom the order is entered, must, upon payment of his fees therefor, furnish to the party who obtained the order, one or more transcripts, attested by his signature, of the docket of the judgment, including the entry made upon the docket. A county clerk, in whose office the judgment is docketed, must, upon payment of his fees therefor, immediately file such a transcript; and make an entry upon the docket of the judgment, in each place where it appears in his docket-book, substantially as follows: "Lien suspended", or, "Lien partially suspended", according to the entry upon the original docket, and also, "See transcript filed"; adding the proper date. § 1259. At any time after a judgment, which has ceased to be a lien, as prescribed in the last three sections, is affirmed, or the appeal therefrom is dismissed, the lien thereof may be restored, as follows: 1. The clerk, in whose office the judgment of affirmance, or the order dismissing the appeal, is entered, must, upon the request of the judgment creditor, docket the judgment anew, as it was originally docketed, but in the order of priority of the new docket; and he must write upon the new docket, the words, "Lien restored by redocket"; adding the date of redocketing. 2. A transcript of the new docket must be furnished to a county clerk, in whose office an entry of the suspension of the lien has been made, as prescribed in the last two sections; and thereupon the judgment must be docketed by him anew, in the order of the priority of the new docket. The clerk who so redockets the judgment, must make an entry upon the new docket, substantially as follows: "Lien restored by redocket. See transcript filed"; adding the date of redocketing in his county. The lien of the judgment is thereupon restored, for the unexpired period thereof, as if the order had not been made; but with like effect only, as against judgment creditors, purchasers, and mortgagees in good faith, as if the judgment had then been first docketed. § 1260. The docket of a judgment must be cancelled and discharged ART. 3. by the clerk, in whose office the judgment-roll is filed, upon filing with how can him a satisfaction-piece, describing the judgment, and executed as celled. follows: 1. Except as otherwise prescribed in the next subdivision, the satisfaction-piece must be executed by the party, in whose favor the judgment was rendered, or his executor or administrator; or, if it is made within two years after the filing of the judgment-roll, by the attorney of record of the party. But where the authority of the attorney has been revoked, a satisfaction by him is not conclusive, against the person entitled to enforce the judgment, in respect to a person, who had actual notice of the revocation, before a payment on the judgment was made, or a purchase of property bound thereby was effected. 2. If an assignment of the judgment, executed by the party in whose favor it was rendered, or his executor or administrator, has been filed in the clerk's office, the satisfaction-piece must be executed by the person, who appears, from the assignment, or from the last of the subsequent assignments, if any, so filed, showing a continuous chain of title, to be the owner of the judgment; or by his executor or administrator. 3. If the satisfaction-piece is executed by an attorney in fact, in behalf of a person authorized to execute it, other than the attorney of record, an instrument, containing a power to acknowledge the satisfaction, must be filed with the satisfaction-piece, unless it has been recorded, in the proper book for recording deeds, in that or another county; in which case, the satisfaction-piece must refer to the record, and the clerk may, for his own indemnity, require evidence of a record remaining in another office. The execution of each satisfaction-piece or power of attorney must be acknowledged, before the clerk, or his deputy, and certified by him thereupon; or it must be acknowledged or proved, and certified, in like manner as a deed to be recorded in the county where it is filed. tion-piece pay § 1261. The person, entitled to enforce a judgment, must execute, and Satisfacacknowledge before the proper officer, a satisfaction-piece thereof, at to be given the request of the judgment debtor, or of a person interested in prop-ment of erty bound by the judgment, upon presentation of a satisfaction-piece, judgment. and payment of the sum due upon the judgment, and the fees allowed by law for taking the acknowledgment of a deed. ment. § 1262. A person, who has heretofore executed, or hereafter executes, Assignor a written assignment of a judgment, owned by him, without acknowl- must ac knowledge edging the executed* thereof, before an officer authorized to take the assignacknowledgment of a deed, must so acknowledge it, at the request of his assignee, or of a subsequent assignee thereof, or of the judgment debtor, upon presentation of the assignment, and payment of the officer's fees. receiver, file notice. § 1263, A resident of the State, or a person having an office within Assignee the State, for the regular transaction of business, in person, who whever, becomes the owner of a judgment, by virtue of a general assignment etc., may for the benefit of creditors, or of an appointment as a receiver, or trustee or assignee of an insolvent debtor or bankrupt, may file with the clerk, in whose office the judgment-roll is filed, a notice of the assignment, or of his appointment, and of his ownership of the judgment. The notice must be subscribed by him, adding to his signature his place of residence, and also, if he resides without the State, his *So in the original. TITLE 1. office address. A notice so filed has the same force and effect, for the purposes of this article, as if it was an assignment of the judgment. § 1264. Where an execution is returned, wholly or partly satisfied, the clerk must make an entry of the satisfaction, or partial satisfacturn of exe- tion, in the docket of the judgment, upon which it was issued. Thereupon the judgment is deemed satisfied, to the extent of the amount returned as collected, unless the return is vacated by the court. Entry In docket, upon re cution sat isfied. Id.; where execution returned unsatisfied. Sheriff to give copy clerk to en tion. § 1265. Where an execution is returned wholly unsatisfied, the clerk must immediately make, in the docket of the judgment, upon which it was issued, an entry of the fact, stating the time when the execution was returned. § 1266. A sheriff, upon being paid the full amount due upon an exeof satisfied cution in his hands, must immediately indorse thereupon a return of execution; satisfaction thereof. He must also deliver, to the person making the ter satisfac- payment, upon the latter's request, and payment of the fees allowed by law therefor, a certified copy of the execution, and of the return of satisfaction thereupon; which may be filed with the clerk of the same county, who must thereupon cancel and discharge the docket of the judgment, as if the judgment-roll was filed in his office, and the execution was returned to him, as satisfied. But this section does not exonerate the sheriff, from his duty to return the execution, to the clerk with whom the judgment-roll is filed. when to be Docket; § 1267. The clerk of a county, with whom a judgment has been discharged docketed, must cancel and discharge the docket thereof, upon the and cancel- filing, with him, of a certificate of the clerk, with whom the judgment led. Discharge of a judg ment against a roll is filed, showing that the judgment has been reversed, vacated, or satisfied of record; or the certificate of the clerk of the county, with whom a copy of an execution, and of a return of satisfaction thereupon, have been filed, as prescribed in the last section, showing that they have been so filed, and the docket cancelled and discharged accordingly. § 1268. At any time after two years have elapsed, since a bankrupt was discharged from his debts, pursuant to the acts of Congress relating bankrupt. to bankruptcy, he may apply, upon proof of his discharge, to the court. in which a judgment was rendered against him, for an order, directing the judgment to be cancelled and discharged of record. If it appears that he has been discharged from the payment of that judgment, an order must be made accordingly; and thereupon the clerk must cancel and discharge the docket thereof, as if the proper satisfaction-piece of the judgment was filed. Notice of the application, accompanied with copies of the papers upon which it is made, must be given to the judgment creditor, unless his written consent to the granting of the order, with satisfactory proof of the execution thereof, and, if he is not the party in whose favor the judgment was rendered, that he is the owner thereof, is presented to the court, upon the application. Power of courts re specting docket. Clerk to file and note as § 1269. À court of record has the same power and jurisdiction, concerning the docket of its judgments, kept by a county clerk, which it has concerning the docket, kept by its own clerk. It may direct that such a docket be amended; or that its judgment, there docketed, be docketed nunc pro tunc. § 1270. Upon the presentation, to the clerk of a court of record, of an signment of assignment of a judgment, entered in his office, executed by a person judgment. entitled to satisfy the judgment, as prescribed in section one thousand two hundred and sixty of this act, and otherwise executed as prescribed in that section, with respect to a satisfaction-piece, and upon payment of the fees, allowed by law, for filing a transcript, and docketing a judgment thereupon, the clerk must forthwith file the assignment in his office, and make, upon the docket of the judgment, an entry of the fact, and of the day of filing: or, if he keeps a separate book for the entry of assignments of judgments, an entry, referring to the page of the book, where the filing of the assignment is noted. ART. 1. of United § 1271. A transcript of a judgment, rendered, within the State, by Judgments a court of the United States, duly certified by the clerk of that court, States may be filed with a county clerk; who must docket it, as if it had courts may been rendered by the supreme court of the State: be dock. eted. § 1272. This article applies only to a judgment, wholly or partly for To what a sum of money, or directing the payment of a sum of money; and to judgments an execution issued upon such a judgment. and executions this article applies. TITLE II. Judgments taken without process. ARTICLE 1. Confession of judgment. 2. Submission of a controversy, upon facts admitted. ARTICLE FIRST. CONFESSION OF JUDGMENT. SECTION 1273. Judgment may be confessed. Married woman may confess. 1274. Statement; form thereof. 1275. Statement to be filed, and judgment entered. 1276. Judgment-roll; docketing and enforcing the judgment. fessed. § 1273. A judgment by confession may be entered, without action, Judgment either for money due or to become due, or to secure a person against may be concontingent liability in behalf of the defendant, or both, as prescribed Married in this article. A married woman may confess such a judgment, as may conif she was single. woman fess. § 1274. A written statement must be made, and signed by the defend- Statement; ant, to the following effect: 1. It must state the sum, for which judgment may be entered, and authorize the entry of judgment therefor. 2. If the judgment to be confessed is for money due or to become due, it must state concisely the facts, out of which the debt arose; and must show, that the sum confessed therefor is justly due, or to become due. 3. If the judgment to be confessed is for the purpose of securing the plaintiff, against a contingent liability, it must state concisely the facts, constituting the liability; and must show, that the sum confessed therefor does not exceed the amount of the liability. The statement must be verified by the oath of the defendant, to the effect, that the matters of fact therein set forth are true. form there of. TITLE 2. Statement and judg ment en tered. § 1275. At any time within three years after the statement is verified, to be filed, it may be filed with a county clerk, or with the clerk of a superior city court, or, where the sum, for which judgment is confessed, does not exceed two thousand dollars, exclusive of interest from the time of making the statement, with the clerk of the marine court of the city of New-York. Thereupon the clerk must enter, in like manner as a judgment is entered in an action, a judgment for the sum confessed, with costs, which he must tax, to the amount of fifteen dollars, besides disbursements taxable in an action. If the statement is filed with a county clerk, the judgment must be entered in the supreme court; if it is filed with the clerk of another court, specified in this section, the judgment must be entered in the court of which he is clerk. But a judgment shall not be entered upon such a statement, after the defendant's death. Judgment- § 1276. The clerk, immediately after entering the judgment, must roll; docketing and attach together and file the statement, as verified, and a certified copy enforcing of the judgment, which constitute the judgment-roll. The judgment the judg ment. may be docketed, and enforced against property, in the same manner, and with the same effect, as a judgment in an action, rendered in the same court; and each provision of law, relating to a judgment in an action, and the proceedings subsequent thereto, apply to a judgment Execution, where the is not all due. thus taken. § 1277. Where the debt, for which the judgment is rendered, is not judgment all due, execution may be issued, upon the judgment, for the collection of the sum which has become due. The execution must be in the form prescribed by law, for an execution upon a judgment for the full amount recovered; but the person, whose name is subscribed to it, must indorse thereupon a direction to the sheriff, to collect only the sum due, stating the amount thereof, with interest thereon, and the costs of the judgment. Notwithstanding the issuing and collection of such an execution, the judgment shall remain, as security for the sum or sums to become due, after the execution is issued. When a further sum becomes due, an execution may, in like manner, be issued for the collection thereof; and successive executions may be issued, as further sums become due. Confession by one of several § 1278. One or more joint debtors may confess a judgment for a joint debt, due or to become due. Where all the joint debtors do not unite joint debt in the confession, the judgment must be entered and enforced against those only who confessed it; and it is not a bar to an action against all the joint debtors, upon the same demand. ors. Controversy, how without ARTICLE SECOND. SUBMISSION OF A CONTROVERSY, UPON FACTS ADMITTED. SECTION 1279. Controversy, how submitted without process. 1280. Papers to be filed; controversy thereupon becomes an action. .1281. Subsequent proceedings regulated. § 1279. The parties to a question in difference, which might be the submitted subject of an action, being of full age, may agree upon a case, containing a statement of the facts, upon which the controversy depends; and may present a written submission thereof to a court of record, which would have jurisdiction of an action, brought for the same cause process. |