pended ", or, "Lien partially suspended", according to the entry upon the original docket, and also, "See transcript filed"; adding the proper date. Substitute for Co. Proc., part of § 282. § 1259. When and how lien restored. At any time after a judgment, which has ceased to be a lien, as prescribed in the last three sections, is affirmed, or the ap peal therefrom is dismissed, the lien thereof may be restored, as follows: 1. The clerk, in whose office the judgment of affirmance, or the order dismissing the appeal, is entered, must, upon the request of the judgment creditor, docket the judgment anew, as it was originally docketed, but in the order of priority of the new docket; and he must write, upon the new docket, the words, "Lien restored by redocket"; adding the date of redocketing. 2. A transcript of the new docket must be furnished to a county clerk, in whose office an entry of the sus pension of the lien has been made, as prescribed in the last two sections; and thereupon the judgment must be docketed by him anew, in the order of the priority of the new docket. The clerk who so redockets the Judgment, must make an entry upon the new docket, substantially as follows: "Lien restored by redocket. See transcript filed"; adding the date of redocketing in his county. The lien of the judgment is thereupon restored, fo! the unexpired period thereof, as if the order had not been made; but with like effect only, as against judg ment creditors, purchasers, and mortgagees in good faith, as if the judgment had then been first docketed. New. § 1260. Docket of judgment, how cancelled. - The docket of a judgment must be cancelled and discharged by the clerk, in whose office the judgment-roll is fled, upon filing with him a satisfaction-piece, describing the judgment, and executed as follows: 1. Except as otherwise prescribed in the next subdivision, the satisfaction-piece must be executed by the party,(1) in whose favor the judgment was rendered, or his executor or administrator; or, if it is made within two years after the filing of the judgment-roll, by the attorney(2) of record of the party. But where the su thority of the attorney has been revoked, a satisfaction by him is not conclusive, against the person entitled to enforce the judgment, in respect to a person, who had actual notice of the revocation, before a payment on the judgment was made, or a purchase of property bound thereby was effected. 2. If an assignment of the judgment, executed by the party in whose favor it was rendered, or his executor or administrator, has been filed in the clerk's office the satisfaction-piece must be executed by the person, who appears, from the assignment, or from the last of the subsequent assignments, if any, so filed, showing a continuous chain of title, to be the owner of the judg ment; or by his executor or administrator.(3) 3. If the satisfaction-piece is executed by an attorney in fact, in behalf of a person authorized to execute it, other than the attorney of record, an instrument, containing a power to acknowledge the satisfaction, must be filed with the satisfaction-piece, unless it has been recorded, in the proper book for recording deeds, in that or another county; in which case, the satisfaction-piece must refer to the record, and the clerk may, for his own indemnity, require evidence of a record remaining in another office. The execution of each satisfaction-piece or power of attorney must be acknowledged, before the clerk, or his deputy, and certified by him thereupon; or it must be acknowledged or proved, and certified, in like manner as a deed to be recorded in the county where it is filed. 2 R. S. 362, }} 22, 23, and 24 (2 Edm. 375), and L. 1834, ch. 262, 1, 2, and $ (4 Edm.622). Lownds v. Remsen, 7 Wend. 35; Taylor v. Ranney, 4 Hill, $19. (1) People v. Keyser, 28 N. Y. 226; 8. c., 17 Abb. 214. (2) Beers v. Hendrickson, 45 N. Y. 665; Lewis v. Woodruff, 15 How. 539; Carstens . Barnstorf, 11 Abb. N. S. 442; Barrett v. Third Ave. R. R. Co., 45 N. Y. 628. (3) See Booth v. F. & M. Nat. Bank, 4 Lans. 301; s. c., 50 N. Y. 896. § 1261. Satisfaction-piece to be given on payment of judgment. — The person, entitled to enforce a judgment, must execute, and acknowledge before the proper officer, a satisfaction-piece thereof, at the request of the judgment debtor, or of a person interested in the property bound by the judgment, upon presentation of a satisfaction-piece, and payment of the sum due upon the judgment, and the fees allowed by law for taking the acknowledgment of a deed. 1 B. §. 362,25 (2 Edm. 375), am'd. Briggs v. Thompson, 20 Johns. 394; Hamlin v. Boughton, 4 Cow. 65; Pettengill v. Mather, 16 Abb. 399; Montrait v. Hutchins, 49 How. 105. § 1262. [Amended, 1895.] Assignor must acknowledge assignment.- A person who has heretofore executed, or hereafter executes, a written assignment of a judgment, owned by him, without acknowl edging the execution thereof, before an officer authorized to take the acknowledgment of a deed, must so acknowledge it, at the request of his assignee, or of a subsequent assignee thereof, or of the judgment debtor, upon presentation of the assignment, and payment of the officer's fees. In effect Jan. 1, 1896; L. 1895, ch. 946. § 1263. Assignee who is a receiver, etc., may file notice. A resident of the State, or a person having an office within the State, for the regular transaction of business, in person, who becomes the owner of a judg ment, by virtue of a general assignment for the benefit of creditors, or of an appointment as a receiver, or trustee or assignee of an insolvent debtor or bankrupt, may file with the clerk, in whose office the judgment-roll is filed, a notice of the assignment, or of his appointment, and of his ownership of the judgment. The notice must be subscribed by him, adding to his signature his place of residence, and also, if he resides without the State, his office address. A notice so filed has the same force and effect, for the purposes of this article, as if it was an assignment of the judgment. New. 1264. Entry in docket, upon return of execution satisfied. Where an execution is returned, wholly or partly satisfied, the clerk must make an entry of the satisfaction, or partial satisfaction, in the docket of the judgment, upon which it was issued. Thereupon the judgment is deemed satisfied, to the extent of the amount returned as collected, unless the return is va cated by the court. 2 R. S. 362, 26 (2 Edm. 375). Taylor v. Ranney, 4 Hill, 619; Booth v Farmers' Bank, 4 Lans, 301; affirmed, 50 N. Y. 396. § 1265. Id.; where execution returned unsatisfied. Where an execution is returned wholly unsatisfied, • Error in engrossing for "execution." the clerk must immediately make, in the docket of the judgment, upon which it was issued, an entry of the fact, stating the time when the execution was returned New. § 1266. Sheriff to give copy of satisfied execution # clerk to enter satisfaction. A sheriff, upon being paid the full amount due upon an execution in his hands. must immediately indorse thereupon a return of satis faction thereof.(1) He must also deliver, to the person making the payment, upon the latter's request, and payment of the fees allowed by law therefor, a certified copy of the execution, and of the return of satisfaction thereupon; which may be filed with the clerk of the same county, who must thereupon cancel and discharge the docket of the judgment, as if the judgment-roll was filed in his office, and the execution was returned to him, as satisfied. But this section does not exonerate the sheriff, from his duty to return the execution, to the clerk with whom the judgment-roll is filed. I. 1860, ch. 6, 1 (4 Edm. 635), am'd. (1) Taylor. Ranney, 4 Hill, 619. -- 1267. Docket; when to be discharged and cancelled. The clerk of a county, with whom a judgment has been docketed, must cancel and discharge the docket thereof, upon the filing, with him, of a certificate of the clerk, with whom the judgment-roll is filed, showing that the judgment has been reversed, vacated, or satiefied of record; or the certificate of the clerk of the county, with whom a copy of an execution, and of a return of satisfaction thereupon, have been filed, as prescribed in the last section, showing that they have been so filed, and the docket cancelled and discharged accord ingly. Id., 2, and L. 1844, ch. 104, 8 5 (4 Edm. 627), consolidated. Farmers', etc., Bank, 4 Lans, 301; aff'd, 50 N. Y. 396. Booth $1268. Discharge of a judgment against a bankrupt. At any time after two years have elapsed, since a bankrupt was discharged from his debts, pursuant to the acts of congress relating to bankruptcy, he may apply, upon proof of his discharge, to the court in which a judgment was rendered against him, for an order, directing the judgment to be cancelled and discharged of Record. If it appears that he has been discharged from the payment of that judgment, an order must be made accordingly; and thereupon the clerk must cancel and discharge the docket thereof, as if the proper satisfaction-piece of the judgment was filed. Notice of the application, accompanied with copies of the papers upon which it is made, must be given to the judgment creditor, unless his written consent to the granting of the order, with satisfactory proof of the execution thereof, and, if he is not the party in whose favor the judgment was rendered, that he is the owner thereof, is presented to the court, upon the application. L. 1875, ch. 52, am'd. A § 1269. Power of courts respecting docket. court of record has the same power and jurisdiction, concerning the docket of its judgments, kept by a county clerk, which it has concerning the docket, kept by its own clerk. It may direct that such a docket be amended; or that its judgment, there docketed, be docketed nuno pro tunc. L. 1844, ch. 104, 87 (4 Edm. 628), am'd. Roth v. Schloss, 6 Barb. 308, 312; Denton v. Denton, 41 How. 221; People v. Goff, 52 N. Y. 434; Dalrymple v. Williams, 63 id. 361. § 1270. Clerk to file and note assignment of judgment-Upon the presentation, to the clerk of a court of record, of an assignment of a judgment, entered in his office, executed by a person entitled to satisfy the judgment, as prescribed in section 1260 of this act, and otherwise executed as prescribed in that section, with respect to a satisfaction-piece, and upon payment of the fees, allowed by law, for filing a transcript, and docketing a judgment thereupon, the clerk must forthwith file the assignment in his office, and make, upon the docket of the judgment, an entry of the fact, and of the day of iling: or, if he keeps a separate book for the entry of assignments of judgments, an entry, referring to the page of the book, where the filing of the assignment is noted. New. § 1271. [Amended, 1879.] By striking out section twelve hundred and seventy-one. |