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§ 829. The execution must be made returnable within sixty days after its receipt by the sheriff, to the clerk with whom the judgment roll is filed.

Amended Code, § 290.

§ 830. Where a judgment requires the payment of money or the delivery of real or personal property, the same is enforced in those respects by execution, as provided in the last three sections. Where it requires the performance of any other act, a certified copy of the judgment may be served upon 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 a contempt.

Amended Code, § 285.

§ 831. After the lapse of five years from the entry of judgment, if no execution have been already issued, an execution can be issued only by leave of the court on motion, upon notice to the adverse party. Such leave must not be given unless it be established by the oath of the party, or other proof, that the judgment, or some part thereof, remains unsatisfied and due.

When the judgment has been rendered in a justice's court, and docketed in the office of the clerk of the county, the application for leave to issue execution must be to the county court of the county where the

judgment was rendered, or in the city and county of New-York, to the court of common pleas of that city, and such court has jurisdiction over the judgment and execution.

Amended Code, § 284.

§ 832. Notwithstanding the death of a party after judgment, execution thereon against his property may be issued and executed in the same manner and with the same effect, as if he were still living, except that such execution cannot be issued within a year after his death, unless upon permission granted by the surrogate.

See 2 R. S., 368, § 27.

§ 833. Where the execution is against the property of the judgment debtor, it may be issued to the sheriff of any county where the judgment is docketed. Where it requires the delivery of real or personal property, it must be issued to the sheriff of the county where the property, or some part thereof, is situated. Executions may be issued, at the same time, to different counties.

Amended Code, § 287.

834. If the action be one in which the defendant might have been arrested, as provided in the first three subdivisions of section 675, an execution against the person of the judgment debtor may be issued to any county within the jurisdiction of the court, after the return of an execution against his property, unsatisfied

in whole or in part. An execution against the person may likewise be issued, after such return, in the cases mentioned in the fourth and fifth subdivisions of that section, where the defendant has been provisionally arrested in the action, and the order for his arrest has not been vacated, or upon an order of arrest obtained in the same manner as for a provisional arrest.

Amended Code, § 288, modified.

§ 835. A person arrested on execution must be imprisoned within the jail, or the liberties thereof, and there kept at his own expense, until satisfaction of the execution, or his legal discharge.

1 R. S, 376, § 76.

§ 836. When a defendant has been once imprisoned upon execution, no other execution can issue upon the same judgment, unless he escape or die, while charged in execution, or unless he be discharged without the consent of the judgment creditor.

2 R. S., 36, and §§ 7 and 8.

§ 837. All property liable to an attachment is liable to execution. It must be levied on, in the same manner as similar property is attached, pursuant to section 729. Until a levy, property is not affected by the execution.

New.

§ 838. If the property levied on be claimed by a third person as his property, the sheriff may summon from his county any twelve persons, qualified as jurors between the parties, to try the validity of the claim. They and the witnesses must be sworn by the sheriff, and if their verdict be in favor of the claimant, the sheriff may relinquish the levy, unless the judgment creditor give him a sufficient indemnity for proceeding thereon. The fees of the jury must be paid by the claimant, if the verdict be against him, otherwise by the plaintiff.

§ 839. The following property owned by a householder, and in actual use, or kept for use by and for his family, or when being removed from one habitation to another upon a change of residence, is exempt from execution, except as herein otherwise specially provided:

1. Books, pictures, and musical instruments, to the value of fifty dollars:

2. Necessary household, table and kitchen furniture, including stoves, stove pipe, and stove furniture, wearing apparel, beds, bedding and bedsteads, provisions actually provided for family use, sufficient for six months, including meat, fish, vegetables, flour and meal, with fuel for sixty days, one cow, ten sheep, two swine, and food for them for three months:

3. The seat or pew occupied by the debtor or his family, in a house of public worship;

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4. The tools and implements of a mechanic, necessary to carry on his trade:

5. A horse, harness, and cart or other vehicle, by the use of which a physician, constable, cartman, teamster, or other laborer, habitually earns his living. But the aggregate value of all the property so exempt, cannot exceed two hundred and fifty dollars; nor is any article exempt from an execution issued on a judgment for its price.

2 R. S., 367, § 22, modified and extended. Whether the exemption should be carried still further, so as to save the homestead of a family, is a high question of public policy, which it is for the legislature alone to entertain.

§ 840. The sheriff must execute the writ against the property of the judgment debtor, by levying on the property, collecting the things in action, as prescribed by section 731 and the fourth subdivision of section 736, selling the other property, and paying to the plaintiff the proceeds, or so much thereof as will satisfy the execution.

§ 841. Before the sale of property on execution, notice thereof must be given as follows:

1. In case of personal property, by posting written notice of the time and place of sale, in three public places of the town where the sale is to take place, six days successively:

2. In case of real property, by posting a similar notice describing the property with the certainty pre

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