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other case the court may grant him any relief consistent with the case made by the complaint and embraced within the issue.
SEC. 21. All judgments and orders shall be entered on the journal of the minutes of the court, and specify clearly the relief granted or order made in the action.
SEC. 22. The record shall consist of the complaint, the process, returns, the pleadings subsequent thereto, reports, verdict, orders, judgment, and all material acts and proceedings of the court.
SEC. 23. Where any party to a cause requires it in writing, the clerk shall enter, into a well-bound book provided for that purpose, a complete copy of the record in such cause, at the cost of the party so requiring it. If neither party require it, no such copy shall be made.
SEC. 24. Satisfaction of a judgment shall be entered by the clerk in the judgment docket, when an execution shall be returned satisfied, or upon an acknowledgment of satisfaction filed with the clerk, made in the manner of an acknowledgment of a conveyance of real property, by the judgment creditor, or within two years after the judgment, by the attorney of record, unless a revocation of his authority be previously filed. Whenever a judgment shall be satisfied in fact, otherwise than upon an execution, it shall be the duty of the party or attorney to give such acknowledgment, and upon motion the court may compel it, or may order the entry of satisfaction to be made without it.
SEC. 25. Such judgment docket shall be a record, and open, during the usual hours of transacting business, to the examination of any person desiring it.
JUDGMENT AGAINST A DEFENDANT CONSTRUCTIVELY SUMMONED.
SEC. 26. Before rendering judgment against a defendant constructively summoned, and who has not appeared, the court may cause the plaintiff to appear personally in court, or before a commissioner, and answer under oath interrogatories concerning the matters in the complaint, or any matters which might be set up in defence thereto, including matters of set-off and counter-claim, and may order the examination to be reduced to writing, and filed with the papers in the action. If, upon the examination, any matters of set-off or counterclaim are disclosed, the same may be adjusted by the judgment.
64. Creditor to be notified.
65. Property surrendered to be disposed of as if taken on execution.
66. Marshal to make return.
67. Provisions if party die in custody.
SECTION 1. The party in whose favor judgment has been heretofore, or shall hereafter be rendered, may, at any time within five years after the entry thereof, proceed to enforce the same as prescribed in this chapter.
SEC. 2. After the lapse of five years from the entry of the judgment, an execution can be issued only on leave of the court upon motion, after ten days' personal notice to the adverse party, unless he be absent, or non-resident, or cannot be found, when service of notice may be made by publication as in an original action. 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.
SEC. 3. When a judgment requires the payment of money, or delivery of real or personal property, the same may be enforced in those respects by execution, as provided in this chapter. When it requires the performance of any other act, a certified copy of the judgment may be served on the party against whom it is given, or upon 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 contempt.
SEC. 4. There shall be three kinds of execution: one against the property of the judgment debtor, one against his person, and one for the delivery of the possession of real or personal property, or such delivery, with damages for withholding the same.
SEC. 5. No execution against the body shall be issued while an execution against the property remains unreturned, nor shall an execution against the property be issued while there is an execution against the body unreturned.
SEC. 6. No execution shall be issued upon any judgment against the body of a judgment debtor, except where it is so expressly provided by law.
SEC. 7. The execution shall be issued by the clerk in the name of the United States, scaled with the seal of the court, and shall be directed to the marshal. It shall intelligibly refer to the judgment,
stating the court where and the time when rendered, the names of the parties, the amount of the judgment, if it be for money, and the amount actually due thereon, and shall require the marshal, substantially, as follows:
1. If it be against the property of the judgment debtor, it shall require the marshal to satisfy the judgment out of the property of the debtor subject to execution. All property, real, and personal, of the judgment debtor, not exempt by law, shall be liable to execution.
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 marshal to satisfy the judgment out of such property.
3. If it be against the body of the judgment debtor, it shall require the marshal to arrest such debtor, and commit him to jail 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 marshal to deliver possession of the same, particularly describing it, to the party entitled thereto; and may, at the same time, require the marshal to satisfy any costs, damages, or rents and profits recovered by the same judgment, out of the property of the party against whom it is rendered, subject to execution; the value of the property for which the judgment was recovered shall be specified therein, so that if a delivery thereof cannot be had, the execution shall, in that respect, be deemed an execution against property.
SEC. 8. The execution shall be returnable within one hundred and eighty days from its date.
SEC. 9. If it appear upon the face of an execution, or by the endorsement of the clerk, that, of those against whom it issued, any one is surety for another, the property of the principal shall be first sold, unless the surety shall direct otherwise.
SEC. 10. An execution may be issued and executed on Sunday, whenever an affidavit shall be filed by the plaintiff, or some person in his behalf, stating he will lose his judgment, as he has reason to fear and believe, unless process issue on that day. The clerk shall endorse on such execution that the defendant is not privileged from service on Sunday.
STAY OF EXECUTION.
SEC. 11. When judgment has been rendered against any person for the recovery of money or sale of property, he may, by procuring one or more sufficient freehold securities to enter into a recognizance, acknowledging themselves bail for the defendant, for the payment of the judgment, together with the interest and costs accrued and to accrue, have a stay of execution for one hundred and eighty days from time of entering judgment.
SEC. 12. The bail for stay of execution may be taken and approved by the clerk, and the recognizance signed by the bail entered of record, at any time before the term of stay of execution expires. The undertaking in the recognizance shall be for the payment of the judgment, interest, and costs that may accrue at or before the expiration of the stay of execution.
SEC. 13. When the bail is entered after execution issued, the clerk shall immediately notify the marshal of the stay, who shall forthwith return the execution, noting his proceedings thereon.
SEC. 14. All property levied on before stay of execution, and all written undertakings for the delivery of personal property to the marshal, shall be relinquished by the marshal, upon bail for the stay of execution being entered.
SEC. 15. Every recognizance of bail taken as above provided shall have the effect of a judgment confessed, from the date thereof, against property of the bail. The date of the recognizance and the names of the bail shall be entered in the judgment docket.
SEC. 16. At the expiration of the stay, it shall be the duty of the clerk to issue a joint execution against the property of all the judgment debtors and bail; but the marshal shall first levy upon the property of the judgment debtors, if sufficient can be found, if not, he shall then, without delay, levy the execution upon the property of the bail. But no property of the bail shall be sold when property of the original judgment debtor subject to execution can be pointed out by the bail.
SEC. 17. No stay of execution shall be allowed upon any judgment recovered against any officer, person, or corporation, or the sureties of any of them, for money received in a fiduciary capacity, or for a breach of any official duty.