where the Clerk is authorized to enter the same, by the first sub-division of Section two hundred and sixty-nine, and by Section four hundred and one,) shall be entered upon the direction of a Judge, subject to review on appeal in the Supreme Court. SEC. 303. The Clerk shall keep among the records of the Court a book for the entry of judgment, to be called the "Judgment Book." SEC. 304. The judgment shall be entered in the Judgment Book, and shall specify clearly the relief granted, or other determination of the ac tion. SEC. 305 Unless the party or his attorney shall furnish a judgment roll, the Clerk, immediately after entering the judgment, shall attach together, and file the following papers, which shall constitute the judgment roll: 1. In case the complaint be not answered by any defendant, the summons and complaint, or copies thereof, proof of service, and that no answer has been received, the report, if any, and a copy of the judgment. 2. In all other cases, the summons, pleadings or copies thereof, and a copy of the judgment, with any verdict or report, the offer of the defendant, exceptions, case, and all orders and papers in any way involving the merits and necessarily affecting the judgment. any A transcript of a final judgment, directing, in whole or in part, the Transcript of judgment payment of money, may be docketed with the Clerk of the Court of filed in Common Pleas in any other County, and, when so docketed, shall have other County, the same force and effect as a judgment of that Court. effect of. TITLE IX. OF THE EXECUTION OF THE JUDGMENT IN CIVIL ACTIONS. CHAPTER I. The execution. II. Proceedings supplementary to the execution. SEC. 306. Execution within five years of course. 307. Execution can only be issued by leave of Court after five years. Leave, how obtained. 308. Judgments, how enforced. 309. The different kinds of execution. 310. To what Counties execution may be issued. Execution against a married woman. 311. Execution against the person, in what cases. 312. Forms of execution. 313. Final judgments not a lien. Attachments on mesne process a lien for one hundred and twenty days after final judgment. A. D. 1870. ecution to be enforced. SEC. 314. Attachment of real estate made by lodging a copy of execution, and officer's return with Register of Deeds. Such attachment a lien for one hundred and twenty days. 315. Execution to be returnable in sixty days. 316. Personal property bound only by levy. 317. Existing laws, not inconsistent with this, relating to executions, continued until otherwise provided. SEC. 306. Writs of execution for the enforcement of judgments as now Writs of ex used are modified in conformity to this title, and the party in whose favor judgment has been heretofore, or shall hereafter be, given, and, in case of his death, his personal representatives duly appointed, may, at any time within five years after the entry of judgment, proceed to enforce the same, as prescribed by this title. SEC. 307. After the lapse of five years from the entry of judgment, an After five execution can be issued only by leave of the Court, upon motion, with years to be is- personal notice to the adverse party, unless he be absent or non-resident, leave of Court or cannot be found to make such service, in which case such service may Leave how be made by publication, or in such other manner as the Court shall sued only by obtained. how enforced. direct. Such leave shall not be given unless it be established by the oath of the party, or other satisfactory proof, that the judgment, or some part thereof, remains unsatisfied and due. But the leave shall not be necessary when execution has been issued on the judgment within the five years, and returned unsatisfied in whole or in part. When judgment shall have been rendered in a Court of a Trial Justice or other inferior Court in a city, and docketed in the office of the Clerk of the County, the application for leave to issue execution must be to the County Court of the County where the judgment was rendered. SEC. 308. Where a judgment requires the payment of money, or the Judgment delivery of real or personal property, the same may be enforced in those respects by execution, as provided in this title. Where it requires the performance of any other act, a certified copy of the judgment may be served upon the party against whom it is given, or the person or officer who is required thereby or by law to obey the same, and his obedience thereto enforced. If he refuse, he may be punished by the Court as for a contempt. SEC. 309. There shall be three kinds of execution: One against the The differ- property of the judgment debtor; another against his person; and the ent kinds of third for the delivery of the possession of real or personal property, or such delivery with damages for withholding the same. They shall be deemed the process of the Court. execution. be issued, to SEC. 310. When the execution is against the property of the judgment Execution to debtor, it may be issued to the Sheriff of any County where judgment is what counties docketed. When it requires the delivery of real or personal property, it Execution to must be issued to the Sheriff of the County where the property, or some a married wo- part thereof, is situated. Executions may be issued at the same time to different Counties. issue against man. Real property adjudged to be sold must be sold, in the County where it lies, by the Sheriff of the County or by a referee appointed by the Court for that purpose; and, thereupon, the Sheriff or referee must exe cute a conveyance to the purchaser, which conveyance shall be effectual to pass the rights and interests of the parties adjudged to be sold. An execution may issue against a married woman, and it shall direct the levy and collection of the amount of the judgment against her from her separate property, and not otherwise. A. D. 1870. issue against SEC. 311. If the action be one in which the defendant might have, Execution to been arrested, as provided in Section two hundred and two and Section the person, in two hundred and four, an execution against the person of the judgment what cases. debtor may be issued to any County within the jurisdiction of the Court, after the return of an execution against his property unsatisfied in whole or in part. But no execution shall issue against the person of a judg ment debtor, unless an order of arrest has been served, as in this Act provided, or unless the complaint contains a statement of facts showing one or more of the causes of arrest required by Section two hundred and two. execution. SEC. 312. The execution must be directed to the Sheriff, or Coroner, Form of the when the Sheriff is a party or interested, attested by the Clerk, 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, and the amount actually due thereon, and the time of docketing in the County to which the execution is issued, and shall require the officer, substantially, as follows: 1. If it be against the property of the judgment debtor, it shall require the officer to satisfy the judgment out of the personal property of such debtor; and if sufficient personal property cannot be found, out of the real property belonging to him. 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 shall require the officer to satisfy the judgment out of such property. 3. If it be against the person of the judgment debtor, it shall require the officer to arrest such debtor and commit him to the jail of the County until he shall pay the judgment or be discharged according to law. 4. If it be for the delivery of the possession of real or personal property, it shall require the officer to deliver the possession of the same, particularly describing it, to the party entitled thereto, and may at the same time require the officer to satisfy any costs, damages, or 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 the real property belonging to him, and shall in that respect be deemed an execution against property. ments, not a lien. Attachment on mesne pro cess a lien for and SEC. 313. Final judgments, hereafter rendered, shall not of themselves Final judg constitute a lien upon real or personal property, or in any way bind the real or personal property of the judgment debtor: Provided, That the real or personal property attached and held on mesne process, in an action, shall continue bound until the expiration of one hundred and twenty days after final judgment is rendered, for the purpose of satisfying the same. SEC. 314. When an officer holding an execution for collection shall be directed by the creditor, his agent or attorney, to levy the same on the real estate of the debtor, he may lodge in the office where by law a deed of such real estate is required to be recorded, a certified copy of such exe- how made. one hundred twenty days after the render of final judgment. Attachment of real estate, A. D. 1870. Attachment a lien for one cution, with a certificate thereon, under his hand, stating that he is directed to levy the same on such real estate, substantially describing the same. The real estate thus described shall be held to satisfy such execution, for the term of one hundred and twenty days from the time of lodging the copy thereof; and when incumbered by previous attachments, or liens, the lien, thus created, shall remain, after the removal of such prior incumbrance, or lien, one hundred and twenty days. The Register of Mesne Conveyance shall keep a record of such copy in the same manner as attachments on mesne process. SEC. 315. The execution shall be returnable, within sixty days after its hundred and receipt by the officer, to the Clerk with whom the record of judgment is twenty days. filed. If the first execution is returned unsatisfied, in whole or in part, another execution, as of course, may be issued at any time within the period limited by this Act for issuing executions. Personal property bound SEC. 316. The lodgment of executions, hereafter issued, with the Sheriff only by levy. shall not bind the personal property of the debtor, but personal property shall only be bound by actual attachment or levy thereon. not inconsist SEC. 317. Until otherwise provided by the Legislature, the existing proExisting laws visions of law, not supplied by, or in conflict with, this chapter, relating to ent with this, executions and their incidents, the property liable to sale or execution, ecution, con- the sale thereof, the powers and rights of officers, their duties thereon, tinued until and the proceedings to enforce those duties, and the liability of their suresion be made. ties, shall apply to the executions prescribed by this chapter. relating to ex further provi Order for dis perty. CHAPTER II. PROCEEDINGS SUPPLEMENTARY TO THE EXECUTION. SEC. 318. Order for discovery of property, examination of judgment debtor, &c. 319. Any debtor to execution debtor may pay his debt to Sheriff. 320. Examination of debtors of judgment debtor, or of those having property belonging to him. 321. Witnesses required to testify. 322. Compelling party or witnesses to attend. 323. What property may be ordered to be applied to the execu tion. 324. Judge may appoint receiver, and prohibit transfer of prop erty. 325. Proceedings upon claim of another party to property, or on denial of indebtedness to judgment debtor. 326. Reference by Judge. 327. Costs of proceeding. 328. Disobedience of order, how punished. SEC. 318. 1. When an execution against property of the judgment covery of pro- debtor, or any one of several debtors in the same judgment, issued Examination to the Sheriff of the County where he resides, or has a place of business, of the judg- or if he do not reside in the State, to the Sheriff of the County where a judgment-roll or a transcript of a Justice's judgment for twenty-five dol ment debtor, &c. lars or upwards, exclusive of costs, is filed, is returned unsatisfied, in whole or in part, the judgment creditor, at any time after such return made, is entitled to an order from a Judge of the Circuit Court, or 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. 2. 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, that any judgment debtor has property which he unjustly refuses to apply towards the satisfaction 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 an execution. 3. 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. 4. 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 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 apply to such judgment, 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. 5. No person shall, on examination, pursuant to this chapter, be excused from answering any question on the ground that his examination will tend to convict him of the commission of a fraud; but his answer shall not be used as evidence against him in any criminal proceeding or prosecution. Nor shall he be excused from answering any question, on the ground that he has, before the examination, executed any conveyance, assignment or transfer of his property for any purpose, but his answer shall not be used as evidence against him in any criminal proceeding or prosecution. A. D. 1870. may pay exe SEC. 319. After the issuing of execution against property, any person Any debtor indebted to the judgment debtor may pay to the Sheriff the amount of cution against his debt, or so much thereof as shall be necessary to satisfy the execu- his creditor. tion; and the Sheriff's receipt shall be a sufficient discharge for the amount so paid. of debtors of those having SEC. 320. After the issuing or return of an execution against property Examination of the judgment debtor, or of any one of several debtors in the same the judgment judgment, and upon an affidavit that any person or corporation has prop- debtor, or of erty of such judgment debtor, or is indebted to him in an amount exceed- property be ing ten dollars, the Judge may, by an order, require such person or cor- longing to the poration, or any officer or member thereof, to appear at a specified time Joint debtand place, and answer concerning the same. The Judge may also, in his said debtor. ors. |