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a delivery cannot be had, and damages for the detention. If the property has 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. In an action on a contract or obligation in Gold coin writing, for the direct payment of money, made pay- judgment. able in a specified kind of money or currency, judgment for the plaintiff, whether it be by default or after verdict, may follow the contract or obligation, and be made payable in the kind of money or currency specified therein; and in all actions for the recovery of money, if the plaintiff allege in his complaint that the same was understood and agreed by the respective parties to be payable in a specified kind of money or currency, and this fact is admitted by the default of the defendant or established by evidence, the judgment for the plaintiff must be made payable in the kind of money or currency so alleged in the complaint; and in an action against any person for the recovery of money received by such person in a fiduciary capacity, or to the use of another, judgment for the plaintiff must be made payable in the kind of money or currency so received by such person.

668. (§ 201.) The Clerk must keep, with the records of the Court, a book to be called the "judgment book," in which judgments must be entered.

669. (§ 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 is not a lien on the real property of the deceased party, but is payable in the course of administration on his estate.

Judgment kept by the

book to be

Clerk.

If a party verdict. may be

die after

judgment

entered, but not to be a lien.

Judgment roll,

what to constitute.

Judgment lien, when it begins and when it expires.

Docket, how kept, and what to contain.

670. (§ 203.) Immediately after entering the judg ment, 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, 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;

2. In all other cases, the pleadings, verdict of the jury, or finding of the Court, Commissioner, or referee, all bills of exception taken and filed, copies of orders sustaining or overruling demurrers, a copy of the judgment, and copies of any orders relating to a change of parties.

671. (§ 204.) Immediately after filing a judg ment roll, the Clerk must 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 becomes 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 lien expires. The lien continues for two years, unless the judgment be previously satisfied.

672. ($ 205.) The docket mentioned in the last section is a book which the Clerk keeps 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 must 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 must be stated. The names of the defendants must be entered in alphabetical order.

Docket to inspection

be open for

without

673. (§ 206.) The docket kept by the Clerk is open at all times, during office hours, for the inspection of the public, without charge. The Clerk must charge. arrange the several dockets kept by him in such a manner as to facilitate their inspection.

to be filed

county, and

to become

a lien

674. (§ 207.) A transcript of the original docket, Transcript certified by the Clerk, may be filed with the Recorder in any of any other county, and from the time of the filing the judgment becomes a lien upon all the real prop- there. erty of the judgment debtor, not exempt from execution, in such county, owned by him at the time, or which he may afterwards, and before the lien expires, acquire. The lien continues for two years, unless the judgment be previously satisfied.

675. (§ 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 by the attorney, unless a revocation of his authority is filed. Whenever a judgment is satisfied in fact, otherwise than upon an execution, the party or attorney must give such acknowledgment, and, upon motion, the Court may compel it, or may order the entry of satisfaction to be made without it.

Satisfacjudgment,

tion of a

how made.

TITLE IX.

OF THE EXECUTION OF THE JUDGMENT IN CIVIL ACTIONS.

CHAPTER I. The execution.

II. Proceedings supplemental to the execution.

CHAPTER I.

THE EXECUTION.

SECTION 681. Within what time execution may issue.

682. Who may issue the execution, its form, to whom directed, and what it shall require.

683. When made returnable.

684. Money judgments and others, how enforced.

685. Execution after five years.

686. When execution may issue against the property of a

party after his death.

687. Execution, how and to whom issued.

688. What shall be liable to be seized in execution. Not to

be affected till a levy is made.

689. When property is claimed by a third party, how the right of property is tried.

690. What exempt from execution.

691. Writ, how executed.

692. Notice of sale under execution, how given.

693. Selling without notice, what penalty attached.

694. Sales, how conducted. Neither the officer conducting it nor his deputy to be a purchaser. Real and personal property how sold. Judgment debtor, if present, may direct order of sale and the officer shall follow his directions.

695. If purchaser refuses to pay purchase money,

ceedings.

what pro

696. Court of justice may proceed in a summary manner against a purchaser refusing to pay. Officer may refuse such purchaser's bid after.

697. These two sections not to make officer liable beyond a

certain amount.

698. Personal property not capable of manual delivery, how

delivered to purchaser.

699. Personal property not capable of manual delivery, how

sold and delivered.

SECTION 700. Real property, when absolute sale or not. In the latter what the certificate must contain.

case,

701. Real property so sold, by whom it may be redeemed.
702. When it may be redeemed, and redemption money.
703. When judgment debtor or other redemptioner may
redeem.

704. In cases of redemption, to whom the judgments are to
be made.

705. What a redemptioner must do in order to redeem.

706. Until the expiration of redemption time Court may
restrain waste on the property. What considered
waste.

707. Rents and profits.

708. If purchaser of real property be evicted for irregulari-
ties in sale, what he may recover, and from whom.

When judgment to be revived. Petition for the pur-
pose, how and by whom made.

709. Party who pays more than his share may compel con

tribution.

what time

may issue.

681. (§ 209.) The party in whose favor judgment Within is given, may, at any time within five years after the execution entry thereof, have a writ of execution issued for its enforcement.

Who may execution, to whom

issue the

its form,

directed, and what it shall require.

682. (§ 210.) The writ of execution must be issued in the name of the people, sealed with the seal of the Court, and subscribed by the Clerk, and be directed to the Sheriff, and it must intelligibly refer t 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 667, the execution must also state the kind of money or currency in which the judgment is payable, and must require the Sheriff substantially as follows:

1. If it be against the property of the judgment debtor, it must require the Sheriff to satisfy the judgment, with interest, out of the personal property of such debtor, and if sufficient personal property cannot

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