the several points, or it can easily modify them to its own conclusions.

§ 812. The provisions of this title, respecting trials by jury, apply, so far as they are in their nature applicable, to trials by the court or referees, and, in the same manner, the provisions respecting trials by the court apply to trials by referees.

CHAPTER VIII.

THE MANNER OF GIVING AND ENTERING JUDGMENT.

SECTION 813. Judgment to conform to verdict.

814. If judgment reserved, when and how given.

815. Judgment when counter-claim is established.

816. May include specific property and damages.

817. Judgment to be entered on direction of single judge.

818. Clerk to keep a judgment book.

819. Judgment must specify the relief granted.

820. If a party die after verdict, judgment may be given.

821. Judgment roll, how made and exemplified.

822. Judgment, a lien from the time of docketing in the county only.

§ 813. When a trial by jury has been had, judgment must be entered by the clerk, in conformity to the verdict, unless the court order the case to be reserved for argument or further consideration, or grant a stay of proceedings.

Amended Code, § 265.

§ 814. When the case is reserved for argument or further consideration, as mentioned in the last section, on the ground that judgment ought not to be given in

conformity to the verdict, or that it is doubtful what judgment should be given, the questions reserved may be decided by the court, and judgment thereupon rendered, without further argument, or if not so decided they may be brought before the court for judgment, at a special term, upon notice; and judgment thereupon rendered.

New.

§ 815. If a counter-claim, established at the trial, exceed the plaintiffs demand so established, judgment for the defendant must be given for the excess, or if it appear that the defendant is entitled to any other affirmative relief, judgment must be given accordingly.

See 2 R. S., 355, § 22.

§ 816. In an action to recover the possession of personal property, judgment for the plaintiff may be for the possession, or the value, thereof, in case a delivery cannot be had, and of damages for the detention. If the property have been delivered to the plaintiff, and the defendant claim a return thereof, judgment for the defendant may be for a return of the property, or the value thereof, in case a return cannot be had, and damages for taking and withholding the same.

Amended Code, § 277.

§ 817, Judgment upon an issue of law, or of fact, or upon confession, or upon failure to answer, (except where the clerk is authorised to enter the same by the first subdivision of section 755,) must, in the first in

stance, be entered upon the direction of a single judge, or the report of referees upon the whole issue, subject to review at the general term, on the demand of either party, as provided in this code.

Amended Code, § 278

§ 818. The clerk must keep among the records of the court, a book for the entry of judgments, to be called the "judgment book."

Amended Code, § 279.

§ 819. The judgment must be entered in the judgment book, and must specify clearly the relief granted, or other determination of the action.

Amended Code, § 280.

§ 820. If a party die after a verdict or decision upon an issue of fact, and before judgment, the court may nevertheless render judgment thereon. Such judgment is not a lien on the real property of the deceased party, but is payable in the course of administration on his estate.

§ 821. Immediately after entering the judgment, the clerk must attach together and file the following papers, which 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 judg

ment.

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, and all orders relating to a change of parties, or in any way involving the merits, and necessarily affecting the judgment. If a statement of the case be made, the same may be attached to the judgment roll, on the request of either party, and thenceforth forms a part thereof.

When the defendant is entitled to judgment, if the plaintiff shall not have filed the summons, with proof of service and the pleadings on his part, the copies of summons and pleadings served on the defendant, may be substituted therefor in making the judgment roll, or the plaintiff may, at the instance of the defendant, be ordered by a judge forthwith to file such papers.

Upon an exemplification of a judgment, as evidence only that part of the roll which consists of the summons, pleadings, and judgment need be given.

Amended Code, § 281. Slightly changed in respect to the time of filing the case or exceptions.

§ 822. On filing a judgment roll, upon a judgment requiring the payment of money, the judgment may be docketed with the clerk of the county where it was rendered, and in any other county, upon filing with the clerk thereof a transcript of the original docket; and

thereupon the judgment becomes a lien on real property in the county, from the time of docketing it therein. Amended Code, § 282.

§ 823. The lien, mentioned in the last section, extends to all the real property of the judgment debtor in the county, owned by him at the time of the judgment, or afterwards acquired, and continues till the first day of July, 1860, on all unsatisfied judgments rendered or which may be rendered before that time. But after the first day of January, 1860, there can be no such lien.

See 2 R. S., 355, §§ 3, 4, 5.

This section proposes an important change in respect to the lien of judgments. We believe the multiplication of liens upon real property has come to be a serious evil. They are but embarrassments in the way of the transfer of property. If all the money collected annually out of real property, upon judgments a year old, could be ascertained, we believe it would not equal half the expense paid in the same year upon searching for the liens.

The liens of existing judgments cannot be cut off, and since they are to continue, it seems proper that subsequent judgments should be put upon the same footing, and the liens of all cease at the same period. That it may be seen at a glance, how many of these incumbrances upon real property, every purchaser and every borrower upon mortgage must search for, we present the following list of them, as they exist in the city of New-York: