The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-03-04
CODE OF PROCEDURE.
AN ACT
40 simplify and Abridgc tho Practaeo, flene
snsS, and Proceedings OF the Courts Oh tnis
6Sotos
[coNrINuED
CHAP FIR v.

CHAPrRRv
RkvEfEEs.
Sec PAS All or any of in the action, whether
Of fact or Of law both may be referred, upon the
Sec 2ao Where the parties do CONSENT the court
may upon the application Of either, or Of lee own mo
ton direct n reference in the fllowing GASES
Where tho trial of Of fact shall require the
examination Of long account on either sds In which
case the may be directed to hear and decide
Of fact involved therein; or
the information of tho court befOrs judgment or
for ca rying Judgment or order into effect; or,
Where On, stion OF fact, other than upon sne
pleadinse snail arise upon motion otherwise, IN any
SEC aa7 The report of the referees upon the wholsis
shall stand the decision of the court In the same
~ II the scton bad been tried BY the court
and thsr dscsios ths matter referred may be OK
/ oeptsd TO and reviewed In like nsnner
SEQ 2as. In sisssss Of reference. the parties may
agrees upon ssitsbs or persons not sxoseding
Osur. shall l.sssps 4 " s,s..x county q NV Yolx
shall be free nom exssptios and reside in the county
y uhsrs the order for the ,sfseenoe is made.
the p.isi:. Do there sa.a
rsrsss who shall bs free from exception and reside IN
p.ry shall nam. one, sad these two shall name the
third II they fail to do within two days after their
b. dr.ys :, II. clerk from the jury box in the
to Be directed By the court on ordering the reference
supplied from the jury box, In tho same manner
CHAPTER vi.
MANNER OF ENrERINe JUDGMENT
o. Tsrs for OF .Ssn on. or
Of several defendants and 1t may determine the
ultimate rights OF the PARTIES On each sds a. between
sss aal The relief granted to the plsntin II there
be NO answer. cannot exceed that which he shall have
demanded in his complaint; butn any other oaee the
court may grant him suy relief consistent with the
made blythe complaint, and embraced within the
issx.
$40. ass. whenever damages recoverable, the
plaintiff may claim and il he show himself en-
A.ye for the action
&c., 2as judgment upon issue of law or Of fact or
the clerk authorised to the BY the Arst
subdivision Of section 2o2) shall in eli be given
Sue 2a4. The clerk shall keep among the records Of
the court book for the entry ojuaEmsnt to DO called
sss 2sS The Judgment shall be entered in the judg-
pent beck aad shall specify clearly The relief granted
her determination Of tho action.
sss aso The CLERK, immsa istely after entering the
Judgment, shall attach together snd ns the following
papers, which shsl constitute the judgment roll
l. in case the complaint be rot answered, the sum-
and COMPLAINT proof of service thereof and that
answer mas been received the report, any, and
s. In all Other cases, the summons, pleadlngs and
sspy o. tbs judgment with any verdict or report the
relating to change OF parties or In any way involving
shs merit. .sd necessarily affecting ths judgment
327 Ga cling Judgment roll, directing in whole
in part the payment OF money, it may be docket
ed with the clerk OF the oouury whore it render
thereof transcript Of tn. orgiaal docket and shall
be lien real property In the county from the time Of
dosksting the judgment thsriu.
TlTLEIx
EXECUTION o. THE JUDGMENT IN OWL ACTIONS
Sec 2Ss Writs of execution for this enforcement Of
Judgments modified in conformity to this
title and the party in whose favor jaigmsnt is given
may any time within Ave years after the entry Of
Judgment proceed to snorco the prescribed by
this tide
so a,s After the lapse OF Ave years from the entry
Of Indignant an execution may be ssued only by leave
OF she court motion With ootce to the adverse party
M Established
theosth of the party other proof that the udg
part thereof reusins unsstisded and due
See ais Where a Judgment requires the payment of
money the delivery OF real or personal property the
provided in this title Where requires perform
Of other act certified copy OF the Judgment
bis obeaence thereto required IL he refuse he may
be punished by the court as Tor a sontempt
Sac 2lt There shall be three kinds Of execution: one
against the property OF the Judgment debtor another
against his person. End the third for the delivery OF the
possession Of rss or personal property They shall be
deemed ths projects OF the court tut they need not be
sealed except as section 244
See a,a. Where the execution against the property
ofaay county whore the juds aeut "a dockstsd Where
it requires the delivery of real or persona property 1t
must DO issued to the sheriff Of the county where the
property or some part thereof is situated Executions
may be ssusd at the same time to dferent counties
Ssc 2i3 ifthe action be one in which tbs defendant
mil have srrssted provided in section l54
execution agsinst the person OF the Judgment debtor
may only bs Issued sftor tbs rssurs OF an execution
against Ills property unsatis6sd in whole in part
241. The execution must bs directed to the she
ria ,uberiesa BY IN. party ;suns 1t or his attorney
court the county where the judgmsnt roll is fled the
of the parties, the amount of the judgmsnt 1t
be for money, and the amount actually due thereon
AID the time Of dockeng in the county to which the
execution is issued and sha require the sheriff substan
italy as follows:
Tfhss aga,n,ttho property Of che judgment debtor,
it shall the sheriff satisfy the judgment out OF
the personal property OF such debtor If sufficient
cannot found, then of the resi- property belong
ing to hi the day whea the judgment was docketsd
Fit be ags,ust the person Of the Judgment dcbtor
It sbs require the sheriff to arrest suoh debtor and
the judxpsnt or be discharged according to Law;
fis lie for tbs delivery of the possession OF real or
tie possession OF the sans particularly describing it TO
tse party entitisd thereto.
SEQ gas The chsriG shall iu all return the
cutou within exty days afsrits recsp to the clerk
wi whom the record of judgment is filed
Sac 2as Uatn othsr~ise provided by the legislature,
the existing provisions Of law relating to executions
aud their incidents, including the ssle and redemption
Of preprty the aud rights of officers their du-
tics and the liability OF their suretss shall spply the
cxscu Ii ems prescribed by this chapter.
CHAPTER H.
PROCEEDINGS SUPPLEMENTARY ExecuTIoS.
SEQ 247 Wner an execution against property of the
esneut the sheriff the county where
rsses or ii he rssd ont OF the State the sheriff of
whore Nh cord OF judgmep Is fiji d. sha he
returned in Whole or In part the aS gment
creditor may obtain order from judge OF the
county judge of he county TO which the execution
issued requiring the judgment deotcr to appear
make discovery osh concerning his property b,fore
sec 1ls. After the issuing of execution against pro-
pery any person indebted TO the ud debtor may
pay 70 the sheriff The amount OF his debt or 80 much
tn rsof shah bs necessary TO satisfy the execution
ard the sheriff Is receipt shall be sufcisnt discharge
: therefor.
SEQ 249 Upon AFFIDAVIT that any person has pro-
pery Of the Judgment debtor or is indebted TO him. the
Judge by order require such PEI son TO appear at
specified time and place, sad be examined concerning
the rsms
SEQ $50 witnesses may bs required to appear and
testify concerning any such matter in the same manner
upon ths trial If an issue.
SEQ 25l II the party witness reside In the county
where the order Ia made be shall be required to attend
before tue judge; Ii in any other county before reia
rec rs provided in section 255 In such the ami
NATION shall be taken by the referee aud certified TO the
judge.