gives notice that if the defendant fail to appear on the day of trial, he will take an inquest in the action. Defendant gives notice that if the plaintiff fail to appear, defendant will move to dismiss the complaint. No motion for an inquest, or for the dismissal of the complaint, will be entertained by the court, unless previous notice has been given.

3. An inquest is an inquiry before the court into the facts of the case, and rendering judgment thereon, in absence of defendant. In order to prevent an inquest from being taken before the cause is called in its order on the calendar, an affidavit of merits must be filed with the clerk, and a copy served on plaintiff's attorney. The defendant must state in his affidavit of merits, "that he has fully and fairly stated the case to his counsel (giving his residence), and that he is advised, after such statement by his counsel, that he has a good defence upon the merits.' When the case is brought on for trial, either party may furnish the court with a copy of the pleadings. It is the duty of the cler to enter the judgment in his minutes, specifying the time and place of trial, the names of the jurors and witnesses, the verdict, and the judgment in ac cordance with the verdict.

4. If a question of law arises on the trial, either party may take an exception to the ruling of the court thereon, and may have the question reheard on appeal. Questions of law are raised by demurrer, and by a bill of exceptions. A motion may be made for a new trial on the minutes of the court, containing exceptions, or to set aside a

dar? What is the date of the issue? What does the note of issue contain? Who may give notice of trial? What notice does the plaintiff give? What notice does the defendant give? Will the court entertair such motion without notice?

3. What is an inquest? What must be done to prevent an inquest before the cause is called in its order on the calendar? What must defendant state in his affidavit of merits? When the action is brought to trial, which party furnishes the court with a copy of the pleadings? What entry does the clerk make in his minutes of the trial?

4. If a question of law is decided during the trial, what may either party do? How are questions of law raised? For what may a motion for a new trial, on the minutes of the court, be made? In what way

verdict for insufficient evidence, or for excessive damages. A trial by jury may be waived-1. By failing to appear at trial; 2. By written consent filed with the clerk; 3. By oral consent in open court.

If the action is tried by the court without a jury, the judge must state in his decision the facts found by him, and conclusions of law. Either party may except to such conclusions of law within ten days after notice of the decision.

5. The party appealing makes out a case, which must contain a complete history of the trial, embracing the evidence given by the witnesses, and exceptions taken to questions of law, which arose on the trial, and exceptions to the conclusions of law found by the judge, if tried by him without a jury. When the case is printed, the pleadings are also inserted, which makes a complete history of the case. The same issues which may be tried by the court, may be tried by a referee. The referee must be appointed by the court, either with or without the consent of the parties. The decision of the referee is conclusive in questions of fact, unless it is clearly against evidence, or without any evidence to support it. The referee states in his report the facts found, and conclusions of law. A motion may be made to set aside the report of the referee, and for a new trial, on the following grounds: 1. That the referee has not passed upon all the issues made by the pleadings; 2. That the facts found are not supported by the evidence; 3. That the conclusions of law are erroneous.

If the report of the referee is set aside, the case goes

may trial by jury be waived? If the action be tried by the court without a jury, what must the judge state in his decision? Within what time may either party except to such conclusions of law?

5. Which party makes up the case on appeal? What must the case contain? When the case is printed, what is inserted? What issues may be tried by a referee? How is the referee appointed? When are the decisions of the referee conclusive in matters of fact? What does the referee state in his report? For what reasons may a motion be made before the court to set aside the report of the referee, and for a new trial? If the report of the referee is set aside, what is the effect?

back to the same referee, to be again tried by him. Judgment is entered on the report of a referee, in the same manner as if the trial were by the court. An appeal can be taken directly to the general term, from a judgment entered on the report of a referee. The case is settled before the referee. A judgment becomes a lien on real property, by being docketed in the Supreme Court, or by filing a transcript of the judgment in the county where the real property is situated. The judgment continues to be a lien upon such real property for a period of ten years from the docketing of the judgment.

CHAPTER LXXXIX.

EXECUTION.

1. An execution may be issued immediately after docketing the judgment. There are three kinds of execution: 1. One against the property of defendant; 2. One against the person of defendant; 3. One to carry the judgment into effect--as, to take the possession of real or personal property from defendant, and deliver it to plaintiff. Under the Code, the execution is issued by the attorney of the plaintiff. It is issued in the name of the people of the State. It is directed to the sheriff of the county in which the property or person is situated. The execution states the county in which the judgment-roll is filed, and that the same is docketed in the county in which

How is judgment entered on the report of the referee? Can an appeal be taken from such judgment direct to the general term? Before whom is the case settled? When does a judgment become a lien upon defend. ant's real property? How long does it continue to be a lien on such real property?

1. When may an execution be issued? How many kinds of execu tions are there? By whom is the execution issued? In whose name? To whom is it directed? What is stated in the execution? What does it command the sheriff to do? If there is not sufficient personal prop

the sheriff resides. It states the amount of the judgment, and the time when it was entered. It commands the sheriff to satisfy the judgment out of the personal property of the defendant, if sufficient can be found in his county; and if not, it commands him to satisfy the execution out of the real property of defendant, belonging to him on the day when the transcript was docketed in his county, in whose hands soever the same may be. It requires the sheriff to return the execution, within sixty days, to the office of the clerk of the county from which the execution was issued. When a judgment has been obtained in one county, a transcript of that judgment may be sent to any or all the other counties in the State, and filed with the clerk of the county. This judgment becomes a lien on all the real property that the defendant owned on that day, or acquired thereafter in that county, for ten years.

2. The form of the execution against the person is nearly the same as that against the property, except that it is stated therein that an execution against the property of defendant had been issued and returned unsatisfied. It differs also in the command. In the execution against the person, the people command the sheriff to arrest the defendant, and commit him to the jail of the county until he pays the judgment, or is discharged according to law. The execution is always signed by the attorney of the plaintiff. In an execution for carrying the judgment of the court into effect, the people command the sheriff to take the property from the defendant and deliver it to the plaintiff; and in case a delivery of the property cannot be

erty to satisfy the judgment? Belonging to him on what day? When is the sheriff required to return the execution? To whom? When a judgment has been obtained in one county, where may transcripts be filed? Upon what does the judgment then become a lien? For what time?

2. What is the form of the execution against the person? What is stated therein? What is the command in an execution against the person? By whom is the execution signed? In an execution for carrying the judgment of the court into effect, what is the command?

made, then to levy upon, and sell so much of the personal property as shall satisfy the judgment for an amount specified therein.

3. The sheriff makes a levy on personal property by seizing and taking the same into his possession. He may levy upon all personal property not exempt from execution by statute, and except choses in action. If the defendant is a partner, the sheriff may levy on his interest in the property in the firm. The sheriff converts the goods and chattels into money by sale at public auction. All persons may purchase, except the sheriff and his depu-ties. The sheriff's fees, or his poundage, is two and onehalf per cent. on the first two hundred and fifty dollars, and one and one-fourth per cent. on the amount exceeding two hundred and fifty dollars. For advertising he is allowed two dollars, and three cents per mile for travellingfees each way, to be counted from the courthouse of the county.

4. If the sale of the personal property does not satisfy the judgment, the sheriff may sell any of the real property owned by the defendant at the time of docketing the judgment, or at any time after, in whose hands soever the same may be. The sheriff converts the real property into money by sale at public auction, after having advertised the same for six successive weeks previous to the sale. The sheriff delivers to the purchaser a certificate of the sale, subscribed by him; containing a description of the property, the price of each distinct lot, the whole amount of money paid, and the time when the purchaser will be entitled to a conveyance. A duplicate of this certificate

3. How does the sheriff make a levy upon personal property? Upon what personal property may he levy? If the defendant is a partner, upon what may the sheriff levy? How does the sheriff convert the goods and chattels into money? Who may purchase? What is the sheriff's poundage? What is he allowed for advertising? For travelling-fees?

4. If the sale of the personal property does not satisfy the judgment? How does he convert the real property into money? How long must he advertise the same? What does the sheriff deliver to the purchaser? Where does he file a duplicate? What must be stated in the certificate ?