judgment, in each place where it appears in the docket-book, substantially as follows: "Lien suspended upon appeal. See order entered ;ading the proper date. If a portion only is exempted, the order must direct the clerk to make, in like manner, an entry, substantially as follows: "Lien partially suspended upon appeal. See order entered"; adding the proper date. The clerk must, when he files the motion papers, and enters the order, make the entry or entries in the docket-book, as required by the order. Substitute for Co. Proc., part of § 282. § 1257. From what time order suspends the lien. Where an order is made, as prescribed in the last section, by the supreme court or by a county court, it operates as a suspension of the lien upon property situated in the county, where the judg ment-roll is filed, from the time when the order is entered, and the proper entry made in the docket-book. If the property exempted is situated in another county, or if the order was made by a court, other than the supreme court or a county court; the order operates as a suspension, from the time, when the proper entry is made in the docket-book, kept by the clerk of that county, as prescribed in the next section. Id. § 1258. How lien suspended in any other county. The clerk, with whom the order is entered, must, upon payment of his fees therefor, furnish to the party who obtained the order, one or more transcripts, attested by his signature, of the docket of the judgment, including the entry made upon the docket. A county clerk, in whose office the judgment is docketed, must, upon payment of his fees therefor, immediately file such a transcript; and make an entry upon the docket of the judgment, in each place where it appears in his docket-book, substantially as follows: "Lien suspended", or, "Lien partially suspended", according to the entry upon the original docket, and also, "See transcript filed"; adding the proper date. Id. § 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 appeal therefrom is dismissed, the lien thereof may be restored, as follows: 66 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 suspension 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, for the unexpired period thereof, as if the order had not been made; but with like effect only, as against judgment creditors, purchasers, and mortgagees in good faith, as if the judgment had then been first docketed. § 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 filed, 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, 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 of record of the party. But where the authority 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 judgment; or by his executor or administrator. 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 satisfactionpiece, 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 3 (4 Edm. 622). § 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. Id., § 25 (2 Edm. 375), am'd. § 1262. [Am'd, 1895.] Assignor must acknowledge assignment. A person who has heretofore executed, or hereafter executes, a written assignment of a judgment, owned by him, without acknowledging 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. 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 judgment, by virtue of a general assign ment 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. § 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 satisfact tion, 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 vacated by the court. 2 R. S. 362, § 26 (2 Edm. 375). § 1265. Id.; where execution returned unsatisfied. Where an execution is returned wholly unsatisfied, the clerk must immediately make, in the docket of the judgment, upco which it was issued, an entry of the fact, stating the time whe the execution was returned. § 1266. Sheriff to give сору of satisfied clerk to enter satisfaction. execution A sheriff, upon being paid the full amount due upon an exect tion in his hands, must immediately indorse thereupon a returt of satisfaction thereof. He must also deliver, to the perso making the payment, upon the latter's request, and paymen of the fees allowed by law therefor, a certified copy of th execution, and of the return of satisfaction thereupon; whi may be filed with the clerk of the same county, who must there upon cancel and discharge the docket of the judgment, as if th judgment-roll was filed in his office, and the execution was returned to him, as satisfied. But this section does not exonera the sheriff, from his duty to return the execution, to the clers with whom the judgment-roll is filed.. L. 1860, ch. 6, § 1 (4 Edm. 635), am'd. § 1267. Docket; when to be discharged and cancelled. The clerk of a county, with whom a judgment has been dock eted, must cancel and discharge the docket thereof, upon filing, with him, of a, certificate of the clerk, with whom t judgment-roll is filed, showing that the judgment has been versed, vacated, or satisfied of record; or the certificate of 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 accordingly. L. 1860, ch. 6, § 2, and L. 1844, ch. 104, § 5 (4 Edm. 627), consolidated. § 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. § 1269. Power of courts respecting docket. A 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 nunc pro tunc. L. 1844, ch. 104, § 7 (4 Edm. 628), am'd. § 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 filing; 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. § 1271. [Repealed, 1879.] § 1272. To what judgments and executions this article applies. This article applies only to a judgment, wholly or partly for a sum of money, or directing the payment of a sum of money; and to an execution issued upon such a judgment. 329 TITLE II. Judgments taken without process. Article 1. Confession of judgment. 2. Submission of a controversy, upon facts admitted. ARTICLE FIRST. Confession of judgment. Sec. 1273. Judgment may be confessed. When married woman may confess. 1274. Statement; form thereof. 1275. Statement to be filed, and judgment entered. 1276. Judgment-roll; docketing and enforcing the judgment. 1277. Execution, where the judgment is not all due. 1278. Confession by one of several joint debtors. § 1273. [Am'd, 1877.] Judgment may be confessed. When married Woman may confess. A judgment by confession may be entered, without action, either for money due or to become due, or to secure a person against contingent liability in behalf of the defendant, or both, as prescribed in this article. A married woman may confess such a judgment, if the debt was contracted for the benefit of her separate estate, or in the course of any trade or other business carried on by her on her sole and separate account. Co. Proc., § 382. § 1274. Statement; form thereof. A written statement must be made, and signed by the defend ant, to. the following effect: 1. It must state the sum, for which judgment may be entered, and authorize the entry of judgment therefor. 2. If the judgment to be confessed is for money due or to become due, it must state concisely the facts, out of which the debt arose; and must show, that the sum confessed therefor is justly due, or to become due. 3. If the judgment to be confessed is for the purpose of secur ing the plaintiff, against a contingent liability, it must state concisely the facts, constituting the liability; and must show, that the sum confessed therefor does not exceed the amount of the liability. The statement must be verified by the oath of the defendant. to the effect, that the matters of fact therein set forth are true. Id., 383, am'd. § 1275. [Am'd, 1895.] Statement to be filed, and judg ment entered. At any time within three years after the statement is verified. it may be filed with a county clerk, or, where the sum, fo which judgment is confessed, does not exceed two thousard dollars, exclusive of interest from the time of making the state ment, with the clerk of the city court of the city of New-York Thereupon the clerk must enter, in like manner as a judgment is entered in an action, a judgment for the sum confessed, with costs, which he must tax, to the amount of fifteen dollars besides disbursements taxable in an action. If the statement is filed with a county clerk, the judgment must be entered in |