3. A seat or pew occupied by such person or his family, in any house or place of public worship:

4. All sheep to the number of ten, with their fleeces, and the yarn or cloth manufactured from the same (11 Wend., 45 ; 21 ib., 68), one cow, two swine, the necessary food for them; all necessary pork, beef, fish, flour, and vegetables (25 Wend., 370), actually provided for family use, and necessary food for the use of the family for 60 days.

5. All necessary wearing apparel, beds, bedsteads and bedding, for such person and his family, arms and accoutrements required by law to be kept by such person, necessary cooking utensils, one table, six chairs, six knives and forks, six plates, six tea cups and saucers, one sugar-dish, one milk-pot, one teapot and six spoons, one crane and its appendages, one pair of andirons and a shovel and tongs:

6. The tools and implements of any mechanic, necessary to the carrying on of his trade, not exceeding twenty-five dollars in value.

In addition to these exempted articles it has been further provided that there shall be exempted from levy and sale, under execution, necessary household furniture and working tools, and team, owned by any person being a householder, or having a family for which he provides, to the value of not exceeding one hundred and fifty dollars, provided that such exemption shall not extend to any execution issued on a demand for the purchase money of such furniture or tools, or team, or articles now enumerated by law. Laws of 1842, p. 193, ch. 157, s. 1.

The exemption of property from execution by statute has been held to be a personal privilege, of which the owner alone can take advantage. 1 Cow., 114; 16 Wend., 562.

The party claiming exemption for an article as a necessary article, must show affirmatively that it is necessary to entitle him to the exemption, 14 Johns, 434; and whether a particular article is necessary is a question of fact. 1 Denio, 462.

The exemption law not entitled to a liberal construction. 5 Denio., 119.

A father who has left the State, leaving his wife and children living together in this State, is a householder within the exemption law. 18 Johns., 400.

Necessary wearing apparel is exempt only when it is owned by a householder or head of a family. 19 Wend., 475.

Wool or articles manufactured from it not exceeding in quantity the fleeces of ten sheep is exempt in the hands of a householder who does not own any sheep. 11 Wend., 44; 21 ib., 68.

Necessary vegetables in any stage of obtaining them for family use are exempt. 25 Wend., 370. Necessary food for an exempt team is not exempt. 5 Denio., 119. The property of a surety on a note given for the purchase price of a horse, is not exempt from levy and sale under an execution issued upon a judgment recovered on the note. Davis v. Peabody, 10 Barb S. C. R., 91.

The words "purchase money," in the law of 1842, mean the "original demand for the property sold," as distinguished from the demand in the security given for the payment of the purchase money. Ib.

An execution founded on a demand for the purchase price of property exempt by the act of 1842 cannot be levied on property previously exempted by the revised statutes, though it may on property exempted by the law of 1842. Ib.

Other exemptions are:

Land set apart for, and which has been actually used as a burying ground, not exceeding one-fourth of an acre in extent, and on condition that the owner has recorded a description of the property. Laws of 1847, p. 91.

A homestead to the value of $1,000, subject to certain conditions prescribed by the law granting the exemption. Laws of 1850, p. 499.

234.

Shares in a building society to the value of $600. Laws of 1851, cap. 122, p.

A one-horse wagon owned by a mason is not exempt from execution. Morse v. Keys, 6 Pr. R., 18.

The horse of a country physician, whose patients reside at too great a distance to admit of his visiting them on foot, is a "necessary team," and exempt from execution. Wheeler v. Cropsey, 5 Pr. R, 288.

Property exempt prior to the law of 1842 is not liable on an execution on a demand for the purchase money of articles exempted by the law of 1842 Cole v Stevens, 9 Barb. S. C. R., 676; 6 Pr. R., 425; overruling Matthewson v. Weller, 3 Denio, 52.

What is necessary furniture, is to be determined relatively, by reference to the circumstances of the case. The debtor may retain articles which he has had in common use in his family, and which were reasonable and proper for him and them, in their station in life. Dickerson v. Van Tine, 1 Sand. S. C. R., 724. The exemption law applies to non-residents.

1 Code Rep., 71.

Death of defendant after judgment.

Where a sole defendant dies after judgment and before execution, no execution can issue within one year after. But where the judgment is against several defendants, the death of one does not stay execution against the surviving defendants. 19 Wend., 644. By laws of 1850, cap. 295, p. 639, it is enacted, that "notwithstanding the death of a party after judgment, execution thereon, against any property, lauds, tenements, real estate, or chattels real, upon which such judginent shall be a lien, either at law or in equity, may be issued and executed in the same manner and with the same effect as if he were still living, except that such execution cannot be issued within a year after the death of the defendant, nor in any case unless upon permission granted by the surrogate of the county, who has jurisdiction to grant administration or letters testamentary on the estate of the deceased judgment debtor, which surrogate may, on sufficient cause shown, make an order granting permission to issue such execution as aforesaid ;" and the act applies to all judgments, whether rendered before or after its passage (April 10, 1850).

Execution against the person.

A defendant arrested on an execution against the person, may be discharged by paying the amount of the levy to the sheriff or the plaintiff's attorney. But the sheriff cannot discharge the party arrested on his giving security. 6 Cow., 465; 1 ib., 46; 5 Wend., 207; 9 Johns. R, 263. And the attorney has no power to give a discharge except on an actual payment, 8 Johns. R., 361; 6 ib, 51; 21 Wend., 362; 7 Cow., 739.

If the defendant do not discharge the execution, he may be admitted to the liberties of the jail, on executing a bond to the sheriff. 2 R. S. 2d ed., 352; 19 Johns., R., 233; 7 ib., 168; 6 ib., 121; 15 ib., 256; 12 ib., 88. The liberties of the city of New York are "all that part of the city and county of New York lying south of the northerly line of Fourteenth street." In other counties, the liberties are designated by the courts of common pleas for each county, and are not to exceed 500 acres in extent.

The effect of taking the body of a party in execution is, as a general rule, a satisfaction of the judgment. 1 Cow., 56; 9 Wend., 241; 11 ib., 41; 5 ib., 58-240. But if the party die in execution, or is rescued or improperly discharged, a new execution may issue. Wesson v. Chamberlain, 3 Coms., 331.

A voluntary discharge of the party arrested is a discharge of the judgment.5 Johns. R., 364; 8 Cow., 171; 3 Wend., 184. If a party is discharged on the ground of irregularity in the execution, 'a new execution may issue on the judgment.— 5 Wend., 90; 3 Adol. & El. N. S., 1.

SATISFACTION OF JUDGMENT.

To enter satisfaction: Make out a satisfaction piece, which should be entitled in the cause, and state that satisfaction is acknowledged between the parties (for the amount of the judgment), and when the judgment was docketed. It should be signed by the judgment creditor, or his executor or administrator, and acknowledged by the party signing it before the clerk or some judge of the court in which the judgment was rendered, or some judge of a county court, or commissioner of deeds, who is required to certify that the party making the acknowledgment was known to him, or known by competent proof.

After the satisfaction piece has been acknowledged, it is to be filed in the office of the clerk in which the judgment was docketed; who, on receiving it, is required to cancel the judgment on the record, by entering the satisfaction. If the judgment has been docketed in the office of the clerk of any county, the clerk with whom the satisfaction piece is filed will furnish a certificate of the fact that the judgment has been satisfied of record; and, on filing it in the office of the county clerk, the latter is required to discharge and cancel the docket.

Acknowledgment of satisfaction may also be made by the attorney on record, of the party in whose favor the judgment was obtained, within two years after filing the judgment record, in the same manner and with the like effect as if made by the party himself. 2 R. S., 286.

If the party in whose favor the judgment was rendered, reside out of this State, the satisfaction piece must be acknowledged before some one of the officers before whom conveyances of real estate may be acknowledged, or proved by persons residing, or being out of this State.

If the satisfaction be acknowledged by virtue of a letter of attorney, or other instrument containing a power to acknowledge satisfaction, such letter or instrument must be acknowledged or proved before the clerk of the court in which the judgment has been rendered, or before either of the officers before whom conveyances of real estate may now be acknowledged or proved; and such letters of attorney or other instruments shall be filed with such clerk, with the safisfaction piece.

In order to extinguish the judgment, it is not sufficient that the satisfaction piece be filed, unless it be also actually entered on the record by the clerk; the satisfaction piece being regarded merely as an authority to enter the satisfaction. 7 Wend., 35.

If, after judgment has been satisfied, the plaintiff refuse to acknowledge satisfaction, the court will compel him to do so at his own expense, and to pay the costs of the notion (20 Johns. R., 294; 6 id., 132; 2 Caines R., 256; 3 id., 165), or they will grant a stay of execution. 16 Johns. R., 4; 15 ib., 395. The court will also direct satisfaction to be entered in the case of set-off of judgments, on payment of the balance to the party in whose favor, after set-off, it is found. 1 Cow, 208 ̊‍; 1 M. & S., 696; 1 D. & R., 201.

Where there are two suits for the same cause, both of which proceed to judgment and execution, a satisfaction of either judgment is a discharge of the other. 9 Johns. R., 221; 4 ib., 469. But where an action is brought upon a judgment, and judgment is recovered thereon, it is no satisfaction of the original judgment, both being debts of equal degree. 1 Cow., 178.

If satisfaction has been fraudulently entered, the court will order it to be vacated; and, in doing so, they will regard the equitable rights of third persons who have an interest in the judgment; as where the plaintiff, after he had assigned a judgment to a third person, and given notice to the defendant of such assignment, entered satisfaction on the record, it was ordered to be vacated. 2 Johns. Cas., 121, 258; 1 Johns. R., 529; 15 id., 405.

If the amount of the judgment be collected under the execution, and the writ is returned," satisfied" it is not necessary to procure an acknowledgment of satisfaction; it being provided by statute, that on such return being made, the clerk shall enter in the docket of the judgment the fact that the amount stated in such return to have been levied, has been collected, which shall be deemed a satisfaction of the judgment to the extent of such amount, unless the return be vacated by the court. 2 R. S., 286.

CHAPTER II.

Proceedings supplementary to the Execution.*

SECTION 292. When execution returned unsatisfied, order for discovery of property allowed. Also when judgment debtor refuses to apply property to satisfy judgment. Manner of proceeding to examine judgment debtor.

293. Any debtor may pay execution against his creditor.

294. Examination of debtors of judgment debtor or of those having property belonging to him.

295. Witness required to testify.

296. Compelling party or witnesses to attend. Examinations when to be on oath.

297. Judge may order property to be applied on execution.

298. Judge may appoint receiver, and prohibit transfer, &c., of property. 299. Proceedings upon claim of another party to property, or on denial of indebtedness to judgment debtor.

300. Reference by judge.

301. Costs of proceeding.

302. Disobedience of order, how punished.

§ 292. [247.] (Amended 1849-1851.) Existing suits. Order for discovery of property, examination of judgment debtor, &c. When an execution against property of the judgment debtor, or of any one of the several debtors in the same judgment, issued to the sheriff of the county where he resides, or if he do not reside in the State, to the sheriff of the county where a judginent roll, or a transcript of a justice's judgment for twenty-five dollars or upwards, exclusive of costs, is filed, is returned unsatisfied in whole or in part, the judgment creditor, at any

* This chapter does not apply to cases where the execution was issued and returned prior to the passage of the code, and as to those cases see note to section 71. But this chapter applies to actions against joint debtors commenced before the code, where one only was served with process, and judgment was entered before the code, but execution issued since the code went into effect. Jones v. Lawlin, 1 Code Rep. 94. 1 Sand. S. C. R., 722. The proceedings under this chapter are special, proceedings within section 3. They are usually instituted by the judgment creditor against the judgment debtor; but other persons may, it is believed, be made parties. There must be parties to special proceedings, and there is nothing in the code which prohibits the complaining party being called by the name of plaintiff and the adverse party by that of defendant. Per Willard, J., in Davis v. Turner, 4 Pr. Rep., 190.

A proceeding under this chapter is a substitute for a creditor's bill, and in its nature is an equitable proceeding. Sale v. Lawson, 4 Sand. S. C. R., 718.

Where a judgment creditor has taken the body of his debtor in execution, he cannot afterwards avail himself of the provisions of this chapter. If he wish to reach the property of his debtor, his proper course is to petition for his discharge and compel him to make an inventory and assignment under the provisions of the revised statutes. (2 R. S., 3d, ed., 84, s. 15, 17). So held by Daly, J., in Logan v. Ferris (not reported), Sept., 3, 1852.

time after such return made, is entitled to an order from a judge of the court, or a county judge of the county to which the execution was issued, or a judge of the court of common pleas for the city and county of New York, when the execution was issued to such city and county, requiring such judgment debtor to appear and answer concerning his property, before such judge at a time and place specified in the order, within the county to which the execution was issued. After the issuing of an execution against property, and upon proof by affidavit, of a party or otherwise, to the satisfaction of the court, or a judge thereof or county judge, or any judge of the court of common pleas for the city and county of New York, that any judgment debtor residing in the county where such judge or officer resides, has property which he unjustly refuses to apply towards the satis faction of the judgment, such court or judge may, by an order, require the judgment debtor to appear at a specified time and place, to answer concerning the same; and such proceedings may thereupon be had for the application of the property of the judgment debtor towards the satisfaction of the judgment, as are provided, upon the return of the execution. On an examination under this section, either party may examine witnesses in his behalf, and the judgment debtor may be examined in the same manner as a witness. Instead of the order requiring the attendance of the judgment debtor, the judge may, upon proof by affidavit or otherwise, to his satisfaction, that there is danger of the debtor's leaving the State, or concealing himself, and that there is reason to believe that he has property which he unjustly refuses to apply to such judgment, issue a warrant requiring the sheriff of any county where such debtor may be, to arrest him and bring him before such judge. Upon being brought before the judge he may be examined on oath, and if it then appears that there is danger of the debtor's leaving the State, and that he has property which he has unjustly refused to ap ply to such judgment, he may be ordered to enter into an undertaking, with one or more sureties, that he will from time to time attend before the judge as he shall direct, and that he will not, during the pendency of the proceedings, dispose of any portion of his property, not exempt from execution. In default of entering into such undertaking, he may be committed to prison by warrant of the judge, as for a contempt. No person