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against him for the sum or property, or to the effect therein specified, with costs. If the plaintiff accept the offer in court in the presence of the defendant, or give notice of acceptance in writing within five dass and before the trial, judgment shall be entered accordingly. If the offer is not accepted, or notice of the acceptance be not given as above directed, the offer is to be deemed withdrawn, and shall not be given in evidence or commented on before the jury; and if the plaintiff fail to obtain a more favorable judgment, the defendant shall recover from the plaintiff the costs incurred after the offer.

MANNER OF GIVING AND ENTERING JUDGMENT.

Sec. 15. When a trial by jury has been had, judgment must be entered by the clerk in conformity with the verdict, unless it is special, or the court order the case to be reserved for future argument or consideration. Where the verdict is special, or where there has been a special finding on particular questions of fact, or where the court has ordered the case to be reserved, it shall order what judgment shall be entered.

Sec. 16. Where, upon the statements in the pleadings, one party is entitled by law to judgment in his favor, judgment shall be so rendered by the court, though a verdict has been found against such party.

Sec. 17. If a counter-claim or set-off established at the trial exceeds the plaintiff's claim so established, judgment for the defendant shall be given for the excess; or if it appear that the defendant is entitled to any affirmative relief, judgment shall be given therefor.

Sec. 18. In an action to recover the possession of personal property, judgment for the plaintiff may be had for the delivery of the property, or the value thereof in case a delivery cannot be had, and damages for the detention. Where the property has been delivered to the plaintiff, and the defendant claims a return thereof, judgment for the defendant may be for the return of the property, or its value in case a return cannot be had, and damages for the taking and withholding of the same.

Sec. 19. Whenever damages are recoverable, the plaintiff may claim and recover any damages to which he may be entitled for the cause of action established.

Sec. 20. The relief granted to the plaintiff, if there be no answer, shall not exceed the relief demanded in the complaint; but in any 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.

CHAPTER 94.

OF EXECUTIONS.

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SECTION 1. Execution may be issued at any time

within five years. 2. After five years, execution may be is

sued by leave of the court. 3. How judgments may be enforced. 4 Three kinds of execution. 5. When a particular execution shall not

be issued. 6. No execution against body, unless ex

pressly provided. 7. How an execution shall be issued, and

what it shall require the marshal to do. 8. Within what time an execution is re

turnable. 9. Property of principal sold first, unless

surety direct otherwise. 10. When an execution may be issued on

Sunday.

37.

} Proceedings upon sale of real estate. } How personal property shall be sold.

}

STAY OF EXECUTION.

11. Defendant may have stay of execution

for one hundred and eighty days. 12. The recognizance may be taken by the

clerk. 13. Notice shall be given after execution to

the marshal of the stay. 14. After stay, property and bonds to be re

linquished by the marshal. 15. The effect of the recognizance. 16. Proceedings after the expiration of stay. 17. 18. 19. In what case stay may cease.

38. 39. 40. 41. Sale may be postponed. 42. When another levy may be made. 43. Clerk to issue another execution upon

the return of the former unsatisfied. 44. Upon the sale of real estate, marshal 45. to make a conveyance. 46. Penalty upon officer, and person taking

down notice. 47. Omission not to affect validity of bona

fide sale. 48. Proceedings against a purchaser failing

to pay purchase money. 49. Surplus to be paid to debtor or his as

signs. 50. Provisions when non-resident's property

is sold on execution. 51. Proceedings not to be affected by death

of execution defendant.

} In what cases no stay allowed.

EXECUTIONS AGAINST THE BODY.

52. Affidavit to be filed. 53. What the affidavit shall specify. 54. Notice to be issued. 55. Proceedings if the debtor fail to appear. 56. Proceedings if the debtor appear. 57.

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LEVY.

Provisions where judgment is against 58.

debtor.
59.
60. How execution shall be served.
61. No female to be imprisoned.

20.
21.
22. What may be levied on.
23
24.
25. Property designated by defendant to
26. be first levied on.
27. Real estate to be exempt until personal

is levied on and sold.
28.
29.

Proceedings when claim is made by 30.

any other person than the defendant. 31.

INSOLVENTS DISCHARGED FROM CUSTODY.

62. How a person arrested may discharge 63. himself.

SECTION
64. Creditor to be notified.
65. Property surrendered to be disposed of

as if taken on execution. 66. Marshal to make return.

SECTION
67. Provisions of party die in custody.
68. Party escaping may be again arrested.
69. Clerk to keep an execution docket.

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, sealed 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 be 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.

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