and shall specify clearly the relief granted, or other deter

mination of the action.

[28 Cal. 416; 32 Cal. 159.]

Death of party before judgment.

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

[29 Cal. 359.

But see in this connection, post, 215.]

Judgment roll.

§ 203. Immediately after entering the judgment, the clerk shall attach together and file the following papers, which shall constitute the judgment roll:

First. In case the complaint be not answered by any defendant, the summons, with the affidavit or proof of service, and the complaint, with a memorandum indorsed upon the complaint that the default of the defendant in not answering was entered, and a copy of the judgment.

Second. In all other cases, the summons, pleadings, verdict of the jury, or finding of the court, commissioner, or referee, all bills of exceptions taken and filed in said action, copies of orders sustaining or overruling demurrers, a copy of the judgment, and copies of any orders relating to a change of parties.(a) [Amendment, approved April 2, 1866; 1865–6, 843.

[27 Cal. 107; 28 Cal. 295, 301; 31 Cal. 238; 32 Cal. 172.]

(a) The original section was the same as the text except the second subdivision, which did not contain the words "verdict of the jury,

Docket and lien of judgment.

§ 204. Immediately after filing a judgment roll the clerk shall make the proper entries of the judgment, under appropriate heads, in the docket kept by him; and from the time the judgment is docketed, it shall become a lien upon all the real property of the judgment debtor, not exempt from execution in the county owned by him at the time, or which he may afterwards acquire, until the said lien expires. The lien shall continue for two years, unless the judgment be previously satisfied.

[6 Cal. 130; 10 Cal. 71; 16 Cal. 181, 220; 25 Cal. 337; 28 Cal. 520; 31 Cal. 293, 395.]

Judgment docket, what and how kept.

$ 205. The docket mentioned in the last section is a book which the clerk shall keep in his office, with each page divided into eight columns, and headed as follows: Judgment Debtors; Judgment Creditors; Judgment; Time of Entry; Where entered in Judgment Book; Appeals, when taken; Judgment of Appellate Court; Satisfaction of Judgment, when entered. If judgment be for the recovery of money or damages, the amount shall be stated in the docket under the head of judgment; if the judgment be for any other relief, a memorandum of the general character of the relief granted shall be stated. The names of the defendants shall be entered in the docket in alphabetical order.

or finding of the court, commissioner, or referee, all bills of exceptions taken and filed in said action, copies of orders sustaining or overruling demurrers."

It was amended, April 8, 1862, 119, so as to read like the text, except it did not contain the words "commissioner, or referee," and "copies of orders sustaining or overruling demurrers."'

Docket open to inspection.

$206. The docket kept by the clerk shall be open at all times during office hours for the inspection of the public, without charge; and it shall be the duty of the clerk to arrange the several dockets kept by him in such a manner as to facilitate their inspection.

Transcript of docket for lien in other county.

§ 207. A transcript of the original docket certified by the clerk may be filed with the recorder of any other county, and from the time of the filing the judgment shall become a lien upon all the real property of the judgment debtor not exempt from execution in such county owned by him at the time, or which he may afterwards acquire, until the said lien expires. The lien shall continue for two years, unless the judgment be previously satisfied.

[23 Cal. 240.]

Satisfaction of judgment.

§ 208. Satisfaction of a judgment may be entered in the clerk's docket upon an execution 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 one year after the judgment by the attorney, 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.

[12 Cal. 11; 27 Cal. 611; 32 Cal. 131.

As to agreements to take less than the whole amount of a judg ment in satisfaction thereof, see post, 724.]

OF THE EXECUTION OF THE JUDGMENT IN CIVIL ACTIONS.

§ 209. The party in whose favor judgment is given, may, at any time within five years after the entry thereof, issue a writ of execution for its enforcement, as prescribed in this chapter.

[8 Cal. 512; 17 Cal. 270; 22 Cal. 647; 28 Cal. 416; 29 Cal. 227; 30 Cal. 621.]

Requirements of writ.

§ 210.* The writ of execution shall be issued in the name of the people, sealed with the seal of the court, and subscribed by the clerk, and shall be directed to the sheriff, and shall intelligibly refer to the judgment, stating the court, the county where the judgment roll is filed, and if it be for money, the amount thereof, and the amount actually due thereon, and if made payable in a specified kind of money or currency, as provided in section two hundred of this act, the execution shall also state the kind of money or currency in which the judgment is payable, and shall require the sheriff, substantially as follows:

First. If it be against the property of the judgment debtor, it shall require the sheriff to satisfy the judgment, with inter

* Applicable to justices' courts, see 601.

est, out of the personal property of such debtor, and if sufficient personal property cannot be found, then out of his real property; or if the judgment be a lien upon real property, then out of the real property belonging to him on the day when the judgment was docketed; or if the execution be issued to a county other than the one in which the judgment was recovered, on the day when the transcript of the docket was filed in the office of the recorder of such county, stating such day, or any time thereafter.

Second. If it be against real or personal property in the hands of the personal representatives, heirs, devisees, legatees, tenants of real property, or trustees, it shall require the sheriff to satisfy the judgment with interest, out of such property.

Third. If it be against the person of the judgment debtor, it shall require the sheriff to arrest such debtor and commit him to the jail of the county until he pay the judgment, with interest, or be discharged according to law.

Fourth. If it be issued on a judgment made payable in a specified kind of money or currency, as provided in section two hundred of this act, it shall also require the sheriff to satisfy the same in the kind of money or currency in which said judgment is made payable, and the sheriff shall refuse payment in any other kind of money or currency; and in case of levy and sale of the property of the judgment debtor, he shall refuse payment from any purchaser at such sale in any other kind of money or currency than that specified in the execution. The sheriff collecting money or currency in the manner required by this act, shall pay to the plaintiff or party entitled to recover the same, the same kind of money or currency received by him, and in case of neglect or refusal so