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must be filed in the county clerk's office. The judgment debtor's right to redeem ceases at the expiration of one year. Other judgment creditors within three months have a right in the order of their judgments to redeem the property from the purchaser, by paying to him the amount of the purchase, with seven per cent. interest. Each judgment creditor, in his order, must pay all the previous judgments which have become liens on the property.

5. The following property is exempt from execution, except an execution for the purchase-money: 1. Spinningwheels and stoves for family use; 2. The Bible, family pictures, and school-books; family library, not exceeding fifty dollars in value; 3. Pew in church, one-fourth of an acre of ground, set apart for a burying-ground; 4. Ten sheep, one cow, two swine, with food for the same and for the family for sixty days; 5. Wearing apparel ; cooking utensils; 6. Necessary tools of a mechanic, not exceeding twenty-five dollars in value; 7. Other household furniture, tools, or team, not exceeding one hundred and fifty dollars; 8. Professional books and surgical instruments; 9. Shares in a building society, to the value of six hundred dollars; 10. The homestead, to the value of one thousand dollars. This property, in the State of New York, is exempt from execution, and in some other States. This exemption is governed by statutes in each State.

6. If a judgment has been entered in one county, and transcripts have been filed in other counties, and the judgment is paid, it may be satisfied of record in all

What time does the judgment debtor have to redeem the property? What right do other judgment creditors then have? What must each judgment creditor pay?

5. What books are exempt from execution? A burying-ground of what size is exempt? What stock is exempt? What apparel? What tools? What additional household furniture? What books and instruments? What shares in a building society? The homestead of what value? Where is this property exempt? By what is the exemption from execution governed?

6. If a judgment has been entered in one county, and transcripts have been filed in other counties, and the judgment is satisfied, can it be satis

these counties, and it then ceases to be a lien on the real property of the defendant. A satisfaction-piece is signed and acknowledged by the judgment creditor, and filed in the office of the county clerk in which the judgment was docketed. The clerk then enters the satisfaction upon the record. This satisfies the judgment of record in this county. The judgment debtor then procures transcripts of the judgment, showing that it is satisfied, and has them filed in the counties in which transcripts of the judgment were originally filed.

7. If an execution against the property of the defendant is returned unsatisfied, an order may be procured requiring the judgment debtor to appear before one of the judges of the court, and be examined concerning his property. The order is granted on the affidavit of plaintiff, or his attorney. The affidavit must show that a judg ment has been obtained, an execution issued, and that the execution has been returned unsatisfied. The order is served by showing the original to the defendant, and delivering to and leaving with him a copy. A copy of the affidavit is also served. On the day, and at the hour named in the order, the defendant is called by the crier of the court. If he answer, he is sworn and examined. It he fail to answer, an affidavit of service of the previous order is made, and the court grants a further order, for the judgment debtor to show cause why an attachment should not issue against him for the contempt of the order of the court. If he obey the second order, interrogatories may be administered to him, and he may show cause, if he has any, to exonerate himself from the charge of con

fied of record in all these counties? What effect does the satisfaction have upon the lien? By whom is the satisfaction-piece signed and acknowledged? Where filed? What action does the clerk then take? How is the judgment satisfied of record in other counties?

7. If an execution is returned unsatisfied, what order may be procured? On what is the order granted? What must the affidavit show? How is the order served? What is served with the order? By whom is the debtor called on the day and hour named in the order? If he an swer? If he fail to answer, what is done? What further order is obtained? If he obey the second order, what is administered to him?

tempt.. If he does not appear to answer to the second order, the court will grant an attachment, directing the sheriff to arrest the judgment debtor, and produce him in court at a time specified. The leading object of the examination, is to ascertain if the judgment debtor has any property which ought to be applied to the satisfaction of the judgment.

8. When money is discovered, the court will order it to be applied to the payment of the judgment. When other property is discovered, the court will appoint a receiver, to convert the same into money, and to apply the money to the payment of the judgment. A person or corporation holding funds, or being indebted to the judg ment debtor, may be examined. If any property, consisting of money or indebtedness, be discovered in the hands of such third party, belonging to the judgment debtor, the court will order it to be applied to the payment of the judgment. If other property is discovered, the court will appoint a receiver to convert the same into money, and apply it to the payment of the judgment.

9. A receiver acts in the capacity of an officer of the court, and is under the direction and control of the court, and responsible to the court only, for the performance of his duties. A receiver may also be appointed by the court, where property which is the subject of the action is in danger of being lost or injured before the termination of the action; or to carry the judgment into effect; or to dispose of property according to the judgment; or where a corporation has become insolvent.

What may he then do? If he does not appear and answer the second order? What is the leading object of the examination?

8. When money is discovered belonging to the judgment debtor, what will the court order? When other property is discovered, what action will the court take? If a third person, or a corporation, has funds belonging to the judgment debtor? If money is found, or indebtedness discovered, in the hands of the third party, belonging to the judgment debtor, what order will the court make? If other property is discovered? 9. In what capacity does a receiver act? Under whose direction and control is he? To whom is he responsible for his acts? In what other cases may a receiver be appointed?

CHAPTER XC.

APPEALS.

1. AN appeal to the general term from the decision of a single judge, is taken by the service of a notice on the adverse party, and the clerk with whom the judgment was entered, stating that the party appeals from such judgment. It must be taken within thirty days after the appellant receives notice that the judgment has been entered and perfected. An appeal from the general term is taken to the Court of Appeals in the same manner, and within two years after the decision of the general term.

2. Exceptions to the charge of the judge must be taken. to each point separately, and a separate exception taken to the ruling of the judge on each point. If the court is requested to charge the jury that such is the law upon a point involved in the case, and if he refuse so to charge, exception may be taken to his refusal. These exceptions, upon matters of law, may be taken to the general term, and from the general term to the Court of Appeals. The appellant must give security for costs on appeal; and if he wishes to stay execution, he must also give an undertaking that he will pay the judgment, so far as it is confirmed by the appellate court. This undertaking is filed with the clerk of the court, with whom the judgment was filed. An appeal lies from the County Court to the general term of the Supreme Court. An appeal also lies from the Sur

1. How is an appeal taken from the decision of a single judge to the general term held by three judges? Within what time must it be taken? How is an appeal taken from the general term to the Court of Appeals? Within what time?

2. How must objections to the charge of the judge be taken? If the court be requested to charge the jury that such is the law upon a point involved in the case, and the judge refuse so to charge? To what court can exceptions to matters of law be taken? What security must the ap

rogate's Court to the general term of the Supreme Court. The meaning of the term merits, as used in the Code, is the strict legal rights of the parties, separate from mere questions of practice, and questions which depend upon the discretion of the court. An appeal is taken in the Marine Court in the same manner as in the Supreme Court. An appeal is taken from the Justice's and District courts by serving a notice of appeal on the adverse party, and on the clerk of the court, stating the grounds of the appeal. The object in stating the grounds of appeal is to inform the justice and the adverse party, so that the justice may make a full return of the evidence upon these points. The justice must make his return within thirty days after service of notice. An appeal is brought to a hearing by placing it on the calendar, and giving notice of argument to the adverse party. All appellate courts have the power to affirm, reverse, or modify the decision of the court below.

3. A commission to examine a witness out of the State is obtained by application to the court. The application is founded upon an affidavit, stating that a case is at issue; the name of the witness; that he is material, as the party is advised by counsel, and verily believes; and that he is out of the State. If a commission be granted, interrogatories are prepared by the applicant, and cross-interrogatories by the adverse party. The interrogatories are settled before the court, and annexed to the commission.

pellant give? If he wishes to stay execution, what further security must he give? With whom is this undertaking filed? To what court does an appeal lie from the County Courts? From the Surrogate's Court? What is the meaning of the term merits, as used in the Code? How is an appeal taken in the Marine Court? How is an appeal taken from Justice's and District courts? What is the object of stating the grounds of appeal? Within what time must the justice make his return? How is an appeal brought to a hearing? What power has the appellate

court?

3. How is a commission to examine a witness out of the State obtained? Upon what is the application founded? What must be stated in the affidavit? If a commission be granted, what is prepared by the applicant? What is prepared by the adverse party? Before whom are the interrogatories settled? To what annexed? Under what seal is the

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