Judgment to be

it is actually entered; if it has been given in term time, it may be entered at any time during the term, of the day's proceedings on which it should have been entered, or, on motion of the party entitled, at any subsequent term, of the day on which it is actually entered.

SEC. 260. Immediately after the entry of judgment in any action the lien from time of clerk shall docket the same in the judgment docket. At any time the docketing. thereafter, while an execution might issue upon such judgment, and the same remains unsatisfied in whole or in part, the plaintiff, or in case of his death his representative, may file a certified transcript of the original docket in the office of the recorder of any recording district that may have been established in said district in accordance with law. Upon the filing of such transcript the recorder shall docket the same in the judgment docket of his office. From the date of docketing a judgment, as in this chapter provided, or the transcript thereof, such judgment shall be a lien upon all the real property of the defendant within the recording district or districts where the same is docketed, or which he may afterwards acquire therein, during the time an execution may issue thereon.

vived.

Expiration of SEC. 261. Whenever, after the entry of judgment, a period of ten lien; when re- years shall elapse without an execution being issued on such judgment, the lien thereof shall expire. If afterwards leave is given to issue execution thereon, a transcript of the docket of the order allowing the same may be docketed in any other recording district in said district in the same manner as a judgment. From the date of the docketing such order, or a transcript thereof, the lien of the judg ment shall begin anew, and continue in all respects as upon the first docketing of the same.

Conveyance;

SEC. 262. A conveyance of real property or any portion thereof or when void as interest therein shall be void against the lien of a judgment unless against lien. such conveyance be recorded at the time of docketing such judgment or the transcript thereof, as the case may be.

Clerk must make judgment roll.

SEC. 263. After docketing the judgment, and before the next regular term of court, the clerk shall prepare and file in his office the judgment roll, as provided in this section.

First. If the complaint has not been answered by any defendant he shall attach together in the order of their filing, issuing, and entry, the complaint, summons, and proof of service, and a copy of the entry of judgment.

Second. In all other cases he shall attach together in like manner the summons and proof of service, the pleadings, bill of exceptions, all orders relating to change of parties, together with a copy of the entry of judgment, and all other journal entries or orders in any way involv ing the merits and necessarily affecting the judgment.

Third. In all cases the clerk shall attach upon the outside of the judgment roll a blank sheet of paper upon which he shall indorse the name of the court, the term at which judgment was given, the names of the parties to the action and the title thereof, for whom judgment was given, and the amount or nature thereof, and the date of its entry and docketing.

cases re

SEC. 264. Instead of the judgment roll prescribed in the section last Final record; in preceding, there shall be a final record made of the cause, as provided what in this section.

First. When in any action it shall appear that the title to real property, or any interest therein, or any easement, franchise, or right in or to the same, is directly determined or affected by the judgment therein, on motion of either party the court shall order that a final record be made of the case and the expense of such record shall be taxed as other disbursements of the action.

Second. In all other actions, on motion of either party, the court shall order that a final record be made of the case at the cost of the party moving for the same.

When a final record is ordered, it shall be made by the clerk within the time prescribed to prepare a judgment roll, by recording the papers and journal entries required in such roll in the order prescribed therefor.

CHAPTER THIRTY-ONE.

OF THE ENFORCEMENT OF JUDGMENT.

quired.

265. When judgment may be enforced by 283. Confirmation of sale of real estate, execution.

266. Different kinds of executions.
267. By whom issued, what to contain
and require.

proceedings thereon.

284.

285.

268. How endorsed by marshal and when

Who liable for purchase money in
case of eviction of purchaser.
Contribution among joint judgment
debtors.

SEC. 265. The person in whose favor a judgment is given which When judgment requires the payment of money, the delivery of real or personal prop- may be enforced erty, or either of them, may at any time after the entry thereof have by execution. a writ of execution issued for its enforcement, as provided in this chapter.

Executions, dif

SEC. 266. There shall be three kinds of execution: One against the property of the judgment debtor, another against his person, and the ferent kinds of. third for the delivery of the possession of real or personal property, or such delivery with damages for withholding the same.

SUP R S VOL 2-83

-by whom issued.

-contents.

SEC. 267. The writ of execution shall be issued by the clerk and directed to the marshal. It shall contain the name of the court, the names of the parties to the action, and the title thereof; it shall substantially describe the judgment, and, if it be for money, shall state -requirements. the amount actually due thereon, and shall require the marshal substantially as follows:

How indorsed

First. If it be against the property of the judgment debtor and the judgment directs particular property to be sold, it shall require the marshal to sell such particular property and apply the proceeds as directed by the judgment; otherwise it shall require the marshal to satisfy the judgment, with interest, out of the personal property of such debtor; and if sufficient personal property can not be found, then out of the real property belonging to him on the day when the judgment was docketed in the recording district, or at any time thereafter; Second. If it be issued after the death of the judgment debtor, and be against real or personal property, it shall require the marshal to satisfy the judgment, with interest, out of any property belonging to the deceased debtor in the hands of the debtor's personal representatives, heirs, devisees, legatees, tenants of real property, or trustees as such;

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

Fourth. If it be for the delivery of the possession of real or personal property, it shall require the marshal to deliver the possession of the same, particularly describing it, to the party entitled thereto, and may at the same time require the marshal to satisfy any costs, charges, damages, or rents, and profits recovered by the same judgment, out of the personal property of the party against whom it was rendered, and the value of the property for which the judgment was recovered to be specified thereof, if a delivery thereof can not be had; and if sufficient personal property can not be found, then out of the real property, as provided in the first subdivision of this section, and in that respect it is to be deemed an execution against property.

SEC. 268. The marshal shall indorse upon the writ of execution the by marshal and time when he received the same, and such execution shall be returnable, within sixty days after its receipt by the marshal, to the clerk's office from whence it issued.

when returnable.

When execution

person.

SEC. 269. If the action be one in which the defendant might have issued against the been arrested, as provided by section ninety-nine, an execution against the person of the judgment debtor may be issued after the return of the execution against his property unsatisfied in whole or in part, as follows:

First. When it appears from the record that the cause of action is also a cause of arrest, as prescribed in section ninety-nine, such execution may issue of course;

Second. When no such cause of arrest appears from the record, such execution may issue for any of the causes prescribed in section ninetynine that may exist at the time of the application therefor, upon leave of the court or judge thereof;

Third. When the defendant has been provisionally arrested in the action, or an order has been made allowing such arrest, and in either case the order has not been vacated, such execution may issue of

course;

Fourth. When execution is issued against the person of the defendant by leave of the court, it shall be applied for and allowed in the manner provided in section one hundred for allowing a writ of arrest, except that the undertaking need not be for an amount exceeding the judgment. A defendant arrested on execution, who has not been

arrested provisionally, may at any time be discharged from such arrest for the causes and in the manner provided in sections one hundred and twenty-one and one hundred and twenty-two for the discharge of a defendant who has been provisionally arrested.

rested on execu

SEC. 270. A person arrested on execution shall be imprisoned in How person arjail, and kept at his own expense until satisfaction of the execution, tion imprisoned. or his legal discharge, but the plaintiff shall be liable in the first instance for such expense, as in other cases of arrest, in the same manner and to the same extent as prescribed in sections one hundred and eighteen and one hundred and nineteen.

issue after

SEC. 271. Notwithstanding the death of a party after judgment, Execution execution thereon against his property or for the delivery of real or against property personal property may be issued and executed in the same manner and may death of judgment with the same effect as if he were still living, but such execution shall debtor, except. not issue within six months from the granting of letters testamentary or of administration upon the estate of such party without leave of the commissioner having authority to issue letters testamentary or of administration upon said estate.

Exemption of

SEC. 272. The homestead of any family, or the proceeds thereof, shall be exempt from judicial sale for the satisfaction of any liability homestead from hereafter contracted or for the satisfaction of any judgment hereafter judicial sale.

obtained on such debt. Such homestead must be the actual abode of and owned by such family or some members thereof. It shall not exceed two thousand five hundred dollars in value, nor exceed one hundred and sixty acres in extent if not located in a town or city laid off into blocks or lots, or if located in any such town or city, then it shall not exceed one-fourth of one acre. This Act shall not apply to -not applicable decrees for the foreclosure of any mortgage properly executed; but if to foreclosure prothe owners of such homestead be married, then it shall be executed by ceedings, etc. husband and wife. When any officer shall levy upon such homestead, -duty of owner the owner thereof, or the wife, husband, agent, or attorney of such in case of levy. owner, may notify such officer that he claims such premises as his homestead, describing the same by metes and bounds, lot or block, or legal subdivision of the United States, whereupon such officer shall notify the creditor of such claim, and if such homestead shall exceed the maximum in this section, and he deem it of greater value than two thousand five hundred dollars, then he may direct the marshal to select three disinterested persons, who shall examine and appraise such appraisal. homestead, under oath, commencing with the twenty acres of lot upon which the dwelling is located, appraising each lot or twenty acres separately; and if the same exceed two thousand five hundred dollars, then the marshal shall proceed to sell all in excess of two thousand five hundred dollars by lots or smallest legal subdivisions, offering them in the order directed by the judgment debtor, if he chooses to direct; otherwise he shall sell the same as aforesaid so as to leave the homestead as compact as possible. The homestead aforesaid shall be exempt from sale or any legal process after the death of the person entitled thereto for the collection of any debts for which the same could not have been sold during his lifetime.

What property

SEC. 273. All other property, including franchises or rights or interests therein, of the judgment debtor shall be liable to an execu- liable to execution tion, except as in this section provided. The following property shall and what exempt. be exempt from execution if selected and reserved by the judgment debtor or his agent at the time of the levy, or as soon thereafter before sale thereof as the same shall be known to him, and not otherwise: First. The earnings of the judgment debtor, for his personal services rendered at any time within sixty days next preceding the levy of execution or attachment, when it appears by the debtor's affidavit or otherwise that such earnings are necessary for the use of his family supported in whole or in part by his labor;

-earnings.

-books, etc. -wearing apparel.

-tools.

-cattle.

Second. Books, pictures, and musical instruments owned by any person, to the value of seventy-five dollars:

Third. Necessary wearing apparel owned by any person for the use of himself or family:

Provided, Watches or jewelry exceeding in value the sum of one hundred dollars shall not be exempt by virtue of this subdivision;

Fourth. The tools, implements, apparatus, team, vehicle, harness, or library necessary to enable any person to carry on the trade, occupation, or profession by which such person habitually earns his living to the value of five hundred dollars; also sufficient quantity of food to support such team, if any, for six months; the word "team" in this subdivision shall not be construed to include more than one yoke of oxen, or a span of horses or mules, or two reindeers, or six dogs, as the case may be;

Fifth. The following property, if owned by the head of a family and in actual use or kept for use by and for his family, or when being removed from one habitation to another on a change of residence: Ten sheep with one year's fleece or the yarn or cloth manufactured there-household from; two cows and five swine; household goods, furniture, and utensils to the value of three hundred dollars, also food sufficient to support such animals, if any, for six months, and provisions actually provided for family use and necessary for the support of such person and family for six months;

goods.

-pew in church.

-public prop

erty.

-in case of purchase price.

Execution

Sixth. The seat or pew occupied by the head of a family or his family in a place of public worship;

Seventh. All property of any public or municipal corporation;

Eighth. No article of property, or if the same has been sold or exchanged, then neither the proceeds of such sale nor the articles received in exchange therefor, shall be exempt from execution issued on a judgment recovered for its price.

SEC. 274. When the writ of execution is against the property of the against property, judgment debtor, it shall be executed by the marshal as follows:

how executed.

First. If property has been attached, he shall indorse on the execution, and pay to the clerk forthwith, the amount, if any, of the proceeds of sales of perishable property, or debts due the defendant received by him, sufficient to satisfy the judgment;

Second. If the judgment is not then satisfied and property has been attached and remains in his custody, he shall sell the same or sufficient thereof to satisfy the judgment;

Third. If then any portion of the judgment remains unsatisfied, or if no property has been attached, or the same has been discharged, he shall levy on the property of the judgment debtor sufficient to satisfy the judgment;

Fourth. Property shall be levied on in like manner and with like effect as similar property is attached, as provided in sections one hundred and forty, one hundred and forty-one, and one hundred and forty-three, omitting the filing of the certificate provided for in section. one hundred and forty-two;

Fifth. Until a levy, property shall not be affected by the execution. When property has been sold or debts received by the marshal on execution, he shall pay the proceeds thereof, or sufficient to satisfy the judgment, to the clerk by the day on which the writ is returnable.

Sixth. When property has been attached, and it is probable that such property will not be sufficient to satisfy the judgment, the execution may be levied on other property of the judgment debtor without delay. If after satisfying the judgment any property or the proceeds thereof remain in the custody of the marshal, he shall deliver the same to the judgment debtor.