TITLE V. Appeal from a determination in a special proceeding. Sec. 1356. Appeal from order made in the same court. 1357. Id.; when made by another court or judge. 1358. Preceding order may be reviewed. 1359. Limitation of time to appeal. 1360. Stay of proceedings; hearing of appeal; decision thereupon. § 1356. [Am'd, 1895.] Appeal from order made in the same court. An appeal may be taken, to the appellate division of the su preme court, from an order, affecting a substantial right, made in a special proceeding, at a special term or a trial term of the supreme court; or made by a justice thereof, in a special proceed ing instituted before him, pursuant to a special statutory provi sion; or instituted before another judge, and transferred to, or continued before him. L. 1854, ch. 270, § 1, first clause (4 Edm. 681; 5 id. 133); L. 1895, ch. 94 1357. [Am'd, 1895.] Id.; when made by another court or judge. An appeal may also be taken to the appellate division of the supreme court, from an order, affecting a substantial right, made by a court of record, possessing original jurisdiction, or a judg thereof, in a special proceeding instituted in that court, or before a judge thereof, pursuant to a special statutory provision or instituted before another judge, and transferred to, or con tinued before, the judge who made the final order. But this section does not apply to a case, where an appeal from the order to a court, other than the appellate division of the supreme court, is expressly given by statute. Substituted for part of Co. Proc., § 344; L. 1895, ch. 946. See § 1342, anë § 1358. [Am'd, 1877.] Preceding order may be reviewed An appeal, authorized by this title, brings up for review, an preceding order, made in the course of the special proceeding, in volving the merits, and necessarily affecting the final order ap pealed from, which is specified in the notice of appeal. See Co. Proc., § 329. § 1359. Limitation of time to appeal. An appeal, authorized by this title, must be taken within thirty days after service of a copy of the final order, from which it taken, with a written notice of the entry thereof, upon the appe lant; or, if he appeared, upon the hearing, by an attorney at law or an attorney in fact, upon the person who so appeared for him. From Id., § 332. See L. 1854, ch. 270, § 2. § 1360. Stay of proceedings; hearing of appeal; decision thereupon. The provisions of title fourth of this chapter, relating to perfect ing an appeal from an order, taken as therein prescribed; to stay ing the execution of the order appealed from; to hearing the appeal; and to the entry and enforcement of the order made upos he appeal, apply, where an appeal is taken, as prescribed in this itle, except as otherwise specially prescribed by law. This section refers to §§ 1351, 1353, 1354, and 1355, ante. See, also, 9 313 and 1314, ante. 1361. This title qualified. Application of provisions elating to actions. This title does not confer the right to appeal from an order, n a case, where it is specially prescribed by law, that the order annot be reviewed. The proceedings upon an appeal, taken as rescribed in this title, are governed by the provisions of this ct, and of the general rules of practice, relating to an appeal in n action, except as otherwise specially prescribed by law. 357 ་ སྙ་ CHAPTER XIII. Executions. TITLE I.-Forms of Execution; Time and Manner of Issuing an Execution; General Duties and Liabilities of Officers. TITLE II.-Execution Against Property. TITLE III.-Execution Against the Person. TITLE I. Forms of execution; time and manner of issuing an execution; general duties and liabilities of officers. Sec. 1362. To whom execution directed; provision where sheriff is a party. 1363. Time of receipt to be indorsed on execution. 1364. The different kinds of execution. 1365. To what counties executions may issue. 1366. General requisites of executions. 1367. Id.; when issued on filing transcript from justice's court, etc. 1368. Requisites of execution for the collection of money. 1369. Id.; against property. 1370. Id.; where a warrant of attachment has been levied by sherl. 1371. Id.; against executor, etc. 1372. Id.; against the person. 1373. Id.; for delivery of property. How money, recovered by same judgment, may be collected. 1374. Separate executions, where separate sums awarded. 1375. Execution of course, within five years. 1376. Execution, after death of judgment creditor. 1377. When execution may be issued after five years. 1378. Id.; leave, how obtained. 1379. No execution against decedent, except, etc. 1380. Execution against decedent's property. 1381. Leave, how obtained. 1382. Time of stay by order, etc., not reckoned under this title. 1383. Execution against surviving judgment debtors. 1384. Sale on execution, etc.; when and how conducted. 1385. Penalty for taking down or defacing notice of sale. 1386. Validity of sale, when not affected by sheriff's default, etc. 1387. Purchases on such sales, by certain officers, prohibited. 1388. When execution to be enforced by under-sheriff. § 1362. To whom execution directed; provision where sheriff is a party. An execution must be directed to the sheriff, unless he is a party or interested; in which case it must be directed as prescribed in section 173 of this act. But the court may, in its discretion, order an execution, issued upon a judgment rendered against a sheriff, either alone or with another, to be directed to a person, designated in the order, instead of to the coroners, or a particular coroner; in which case it must be so directed. The person so designated must be of full age, a resident of the State. and not a party to the action, or interested therein. Where the execution is issued upon a judgment for a sum of money, of directing the payment of a sum of money, the order does not tak effect, until the person so designated executes, and files in the clerk's office, a bond to the people, with at least two sureties, ap proved by a judge of the court, or a county judge, in a penal sum, fixed by the order, not less than twice the sum to be cel ected by virtue of the execution; conditioned for the faithful performance of his duties under the execution. A certified copy of the order, and, where it requires a bond to be given, the clerk's certificate that a bond has been filed, as required by the order, must be attached to the execution. The person so designated is deemed an officer; and, with respect to that execution, he is subject to the obligations and liabilities, and has the power and authority of a coroner, and is entitled to fees accordingly. Co. Proc., part of § 289, and 2 R. S. 364, §§ 11 and 12, am'd. See 3 T. & C. 608. § 1363. Time of receipt to be indorsed on execution. The sheriff, to whom an execution is directed and delivered, must, upon the receipt thereof, indorse thereupon a memorandum of the day, hour, and minute, when he received it. 2 R. S. 364, § 10 (2 Edm. 377),, § 1364. The different kinds of execution. There are four kinds of execution, as follows: 1. Against property. 2. Against the person. 3. For the delivery of the possession of real property with or without damages for withholding the same. 4. For the delivery of the possession of a chattel, with or vithout damages for the taking or detention thereof. An execution is the process of the court, from which it is ssued. Co. Proc., § 286, am'd. § 1365. To what counties executions may issue. An execution against property can be issued only to a county, a the clerk's office of which the judgment is docketed. An exeution against the person may be issued to any county. An xecution for the delivery of the possession of real property, aust be issued to the county, where the property, or a part hereof, is situated. An execution for the delivery of the posession of a chattel, may be issued to any county, where the hattel is found; or to the sheriff of the county where the judgnent-roll is filed. Executions, upon the same judgment, may be ssued at the same time, to two or more different counties. Substitute for Co.' Proc., part of § 287. See ante, § 597. f § 1366. General requisites of executions." An execution must intelligibly describe the judgment, stating he names of the parties in whose favor, and against whom, the ime when, and the court in which, the judgment was rendered; nd, if it was rendered in the supreme court, the county in which he judgment-roll is filed. It must require the sheriff to return t to the proper clerk, within sixty days after the receipt thereof. Except as otherwise prescribed in the next section, it must be nade returnable to the clerk, with whom the judgment-roll is led. Co. Proc., part of § 289, consolidated with id., § 290. § 1367. Id.; when issued on filing transcript from justice's Court, etc. Where an execution is issued out of a court, other than that n which the judgment was rendered, upon filing a transcript of the judgment rendered in the latter court, it must also specify the clerk, with whom the transcript is filed, and the time of filing; and it must be made returnable to that clerk. If the judgment was rendered in a justice's court, it must specify the justice's name; and it must omit the specification, respecting the filing of the judgment-roll. See post, § 3043. § 1368. Requisites of execution for the collection of money. An execution, issued upon a judgment for a sum of money, or directing the payment of a sum of money, must specify, in the body thereof, the sum recovered, or directed to be paid, and the sum actually due when it is issued. It may specify a day, from which interest upon the sum due is to be computed; in which case, the sheriff must collect interest accordingly, until the sum is paid. If all the parties, against whom the judgment is rendered, are not judgment debtors, the execution must show who is the judgment debtor. 2 R. S. 364, § 9, as am'd by L. 1844, ch. 324; and Co. Proc., part of § 250, § 1369. Id.; against property. An execution against property must, if the judgment-roll is not filed in the clerk's office of the county to which it is issued specify the time when the judgment was docketed in that county It must, except in a case where special provision is otherwise made by law, substantially require the sheriff to satisfy the judg ment, out of the personal property of the judgment debtor; and if sufficient personal property cannot be found, out of the real property, belonging to him, at the time when the judgment was docketed in the clerk's office of the county, or at any time thereafter. Co. Proc., part of § 289, am'd. § 1370. Id.; where a warrant of attachment has been levied by sheriff. Where a warrant of attachment, issued in the action, has been levied by the sheriff, the execution must substantially require the sheriff to satisfy the judgment, as follows: 1. Where the judgment debtor is a non-resident, or a foreig corporation, and the summons was served upon him or it, without the State, or otherwise than personally, pursuant to an order obtained for that purpose, as prescribed in chapter fifth of this act, and the judgment debtor has not appeared in the action out of the personal property attached, and, if that is insufficient out of the real property attached. 2. In any other case, out of the personal property attached. and, if that is insufficient, out of the other personal property of the judgment debtor; if both are insufficient, out of the real prop erty attached; and, if that is insufficient, out of the real prop erty, belonging to him, at the time when the judgment was docketed in the clerk's office of the county, or at any time thereafter. See §§ 707 and 708, ante. § 1371. Id.; against executor, etc. An execution against real or personal property, in the hands of an executor, administrator, heir, devisee, legatee, tenant of |