1. Where an application must be made to the court, for judgment upon the issue last tried, the application must be for judgment, upon the whole issue; and judgment must be rendered accordingly.

2. Where the action is triable by a jury, and the issue last tried is tried at a term of the court, the application for judgment, upon the whole issue, may be entertained, in the discretion of the court, at that term, and with or without notice; if not so entertained, it must be heard as a motion.

3. Where the issue last tried is tried before a referee, his report must award the proper judgment upon the whole issue, unless otherwise prescribed in the order of reference.

§ 1222. Id.; after trial of issue of law only. [AMENDED BY CH. 416 OF 1877 AND BY CH. 542 OF 1879.] Final judgment upon an issue of law, where no issue of fact remains to be tried, and final judgment has not been directed as precribed in section ten hundred and twenty-one of this act, may be entered upon application to the court, or by the clerk in an action specified in section four hundred and twenty of this act.

§ 1223. Proceedings upon application under the last two sections. [AMENDED BY CH. 416 OF 1877.] Upon an application, by either party, to the court, for final judgment, after the decision of an issue of law, as prescribed in the last two sections, the court has the powers specified in section 1215 of this act, upon an application for judgment by the plaintiff. Where final judgment may be awarded in a referee's report, as prescribed in section twelve hundred and twenty-one of this act, the referee may make a computation, or an assessment, or take an account, or proof of a fact, for the purpose of enabling him to award the proper judgment, or enabling the court to carry it into effect; and he may ascertain and fix the damages, as a jury may do, upon the execution of a writ of inquiry.

§ 1224. Proceedings upon interlocutory judgment, etc., affirmed.—At a term of the appellate division of the supreme court. When an order or judgment is wholly or partly affirmed upon an appeal to the appellate division of the supreme court and no issue of fact remains to be tried, the appellate division may, in its discretion render final judgment, unless it permits the appellant to amend or plead over. [AM'D BY CH. 946 OF 1895. In effect Jan. 1, 1896.]

§ 1225. Judgment after trial by jury of specific questions of fact. In an action triable by the court, where one or more specific questions of fact, arising upon the issues, have been tried by a jury, judgment may be taken, upon the application of either party, as follows:

1. If all the issues of fact in the action are determined by the findings of the jury, or the remaining issues of fact have been determined by the decision of the court, or the report of a referee, an application for judgment, upon the whole issue, may be made as upon a motion.

2. If one or more issues of fact remain to be tried, judgment may be rendered upon the whole issue, at the term of the court where, or by direction of the referee by whom, they are tried.

§ 1226. Id.; after reference to determine specific questions of fact. Where a reference has been made, to report upon one or more specific questions of fact, arising upon the issue, and the remaining issues have been tried, judgment must be taken, upon the application of either party, as prescribed in section 1221 of this act.

§ 1227. Judgment upon motion for a new trial, heard by the appellate division of the supreme court. Where a motion for a new trial, made at the first instance at a term of the appellate division of the supreme court is denied, judgment may be taken, as if the

*So in the original.

motion for a new trial had not been made, after the expiration of four days from the entry of the order, and the service, upon the attorney for the adverse party, of a copy thereof, and notice of the entry; but not before. [AM'D BY CH. 946 OF 1895. In effect Jan. 1, 1896.]

§ 1228. Id.; upon trial by court or referee of the whole issue of fact. [AMENDED BY Cп. 542 OF 1879.] Where the whole issue is an issue of fact, which was tried by a referee, the report stands as a decision of the court. Except where it is otherwise expressly prescribed by law, judgment upon such a report, or upon the decision of the court, upon the trial of the whole issue of fact without a jury, may be entered by the clerk, as directed therein, upon filing the decision or report.

§ 1229. In matrimonial causes, judgment can be rendered only by the court. In an action to annul a marriage, or for a divorce or separation, judgment cannot be taken, of course, upon a referee's report, as prescribed in the last section, or where the reference was made, as prescribed in section 1215 of this act. Where a reference is made in such an action, the testimony and the other proceedings upon the reference, must be certified to the court, by the referee, with his report; and judgment must be rendered by the court.

§ 1230. Final judgment upon decision or report awarding interlocutory judgment, etc. [AMENDED BY CH. 416 OF 1877.] In a case not provided for in the foregoing sections of this article, where the decision, upon a trial by the court, without jury, or the report, upon a trial by a referee directs an interlocutory judgment to be entered, and the party afterward becomes entitled to a final judgment, an application for the latter may be made, as upon a motion. And where a judgment requires the appointment of a referee, to do any act thereunder, the referee must be appointed by the judgment or by the court, upon motion, except as otherwise prescribed in the next section.

§ 1231. Id.; how final judgment entered and settled in certain cases. In an action triable by the court, an interlocutory judgment rendered upon a default in appearing or pleading, or pursuant to the direction contained in a decision or report, may state the substance of the final judgment, to which the party will be entitled. It may also direct, that the final judgment be settled by a judge, or a referee. In that case, final judgment shall not be entered until a settlement thereof, subscribed by the judge or referee, is filed. Where an interlocutory judgment awards costs, they may be awarded generally, without specifying the amount thereof. Where the final judgment is directed to be settled, and the costs have not been taxed, when the settlement thereof is filed, a blank for the amount of the costs must be left in the settlement; and the costs must be taxed, and the blank filled up accordingly, by the clerk, when the final judgment is entered.

§ 1232. Interlocutory reference or inquisition; how reviewed. Where a reference, or a writ of inquiry, directed as prescribed in section 1015, or section 1215, of this act, has been executed, either party may apply for an order, directing a new hearing, or a new writ of inquiry, upon proof, by affidavit, that error was committed, to his prejudice, upon the hearing, or in the report, or upon the execution of the writ or in the inquisition. In a proper case, the application may be granted, after judgment has been entered. In that case, the judgment may be set aside, either then or after the new hearing, or the execution of the new writ, as justice requires.

§ 1233. Motion for judgment upon a special verdict, etc. A motion for judgment, upon a special verdict, may be made by either party; and must, in the first instance, be heard and decided, at a term held by one judge.

§ 1231. Motion for judgment upon verdict subject to opinion of the court. A motion for judgment, upon a verdict subject to the opinion of the court, may be made by either party; and must be heard and decided at a term of the appellate division of the supreme court. [AM'D BY CH. 946 OF 1895. In effect Jan. 1, 1896.]

§ 1235. Interest on verdict, etc., to be included in recovery. Where final judgment is rendered for a sum of money, awarded by a verdict, report or decision, interest upon the sum awarded, from the time when the verdict was rendered, or the report or decision was made, to the time of entering judgment, must be computed by the clerk, added to the sum awarded, and included in the amount of the judgment.

§ 1236. Clerk to keep judgment-book; judgment to be entered therein. The clerk must keep, among the records of the court, a book for the entry of judgments, styled the "judgment-book." Each interlocutory or final judgment must be entered in the judgment-book, and attested by the signature of the clerk; who must note, in the margin of the entry, the day and year of entering it. It must specify clearly the relief granted, or other determination of the action, or of the issue.

§ 1237. Judgment-roll to be filed; of what it consists. [AMENDED BY CH. 416 OF 1877 and by Ch. 542 OF 1879.] The clerk upon entering final judgment, must immediately file the judgment-roll; which must consist, except where special provision is otherwise made by law of the following papers: the summons; the pleadings, or copies thereof; the final judgment, and the interlocutory judgment, if any, or copies thereof; and each paper on file, or a copy thereof, and a copy of each order, which in any way involves the merits, or necessarily affects the judgment. If judgment is taken by default, the judgment-roll must also contain the papers required to be filed, upon so taking judgment, or upon making application therefor; together with any report, decision or writ of inquiry, and return thereto. If judgment is taken after a trial, the judgment-roll must contain the verdict, report, or decision; each offer, if any, made as prescribed in this act; and the exceptions or case then on file.

§ 1238. Id.; by whom prepared. The judgment-roll must be prepared, and furnished to the clerk, by the attorney for the party, at whose instance the final judgment is entered; except that the clerk must attach thereto the necessary original papers, on file. But the clerk may, at his option, make up the entire judgment-roll.

§ 1239. Time of filing judgment-roll to be noted. The clerk must make a minute, upon the back of each judgment-roll, filed in his office, of the time of filing it, specifying the year, month, day, hour, and minute. A proceeding to enforce or collect a final judgment, cannot be taken, until the judgment-roll is filed.

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§ 1240. When a judgment may be enforced by execution. In either of the following cases, a final judgment may be enforced by execution:

1. Where it is for a sum of money, in favor of either party; or directs the payment of a sum of money.

2. Where it is in favor of the plaintiff, in an action of ejectment, or for dower.

3. In an action to recover a chattel, where it awards a chattel to either party.

§ 1241. When a judgment may be enforced by punishment for disobeying it. In either of the following cases, a judgment may be enforced, by serving a certified copy thereof, upon the party against whom it is rendered, or the officer or person, who is required thereby, or by law, to obey it;

and if he refuses or wilfully neglects to obey it, by punishing him for a contempt of the court.

1. Where the judgment is final, and cannot be enforced by execution, as prescribed in the last section.

2. Where the judgment is final, and part of it cannot be enforced by execution, as prescribed in the last section; in which case the part or parts, which cannot be so enforced, may be enforced as prescribed in this section.

3. Where the judgment is interlocutory, and requires a party to do, or to refrain from doing, an act; except in a case specified in the next subdivision.

4. Where the judgment requires the payment of money into court, or to an officer of the court; except where the money is due upon a contract, express or implied, or as damages for non-performance of a contract. In a case specified in this subdivision, if the judgment is final, it may be enforced as prescribed in this section, either simultaneously with, or before or after the issuing of an execution thereupon, as the court directs.

§ 1242. Real property; how sold. Effect of conveyance. [AMENDED BY CH. 416 OF 1877.] Except where special provision is otherwise made by law, real property adjudged to be sold, must be sold in the county where it is situated, by the sheriff of the county, or by a referee, appointed by the court for that purpose, who must execute a conveyance to the purchaser. The conveyance is effectual, to pass the right, title, or interest of a party adjudged to be sold; but nothing contained in this section shall be deemed, to repeal or modify the provisions of any law specially regulating the sale of real property under a judgment or decree of any court, in any particular county of the State.

§ 1243. Security upon sale by referee. [AMENDED BY CH. 416 OF 1877.] Where a referee is appointed by the court, to sell real property, the court may provide for his giving such security, as the court deems just, for the proper application of the money received upon the sale; or for the payment thereof by the purchaser, directly to the person or persons entitled thereto, or their attorneys.

§ 1244. Conveyance to state name of party. [AMENDED BY CH. 416 OF 1877 AND BY CH. 542 OF 1879.] A conveyance of property sold by virtue of an execution, or sold pursuant to a judgment, which specifies the particular party or parties, whose right, title or interest is directed to be sold, must distinctly state, in the granting clause thereof, whose right, title or interest was sold, and is conveyed, without naming, in that clause, any of the other parties to the action; otherwise, the purchaser is not bound to accept the conveyance, and the officer executing it is liable for the damages, which the purchaser sustains by the omission, wheth* he accepts or refuses to accept it.

ARTICLE THIRD.

DOCKETING A JUDGMENT; EFFECT THEREOF AS A LIEN UPON REAL PROPERTY; SUSPENDING AND DISCHARGING THE LIEN; SATISFACTION AND ASSIGNMENT OF A JUDGMENT.

SECTION 1245. Certain clerks to keep docket-books.

1246. Id.; to docket judgments.

1247. Filing transcripts, and docketing judgments thereon.

1248. Penalty for clerk's neglect.

*So in the original.

SECTION 1249. Dockets to be public.

1250. Judgment not to be a lien until docketed.

1251. Real property bound for ten years by a judgment thus docketed.
1252. Real property may be levied upon after ten years.

1253. Land held under contract not bound by judgment.

1254. Preference of mortgages for purchase money.

1255. Certain time not to be included in the ten years.

1256. Court may order lien of judgment to be suspended upon appeal.
1257. From what time order suspends the lien.

1258. How lien suspended in another county.

1259. When and how lien restored.

1260. Docket of judgment, how cancelled.

1261. Satisfaction-piece to be given on payment of judgment.

1262. Assignor must acknowledge assignment.

1263. Assignee who is a receiver, etc., may file notice.

1264. Entry in docket, upon return of execution satisfied.

1265. Id.; where execution returned unsatisfied.

1266. Sheriff to give copy of satisfied execution; clerk to enter satisfaction.
1267. Docket; when to be discharged and cancelled.

1268. Discharge of a judgment against a bankrupt.

1269. Power of courts respecting docket.

1270. Clerk to file and note assignment of judgment.

*1271. Judgments of United States courts may be docketed.

1272. To what judgments and executions this article applies.

§ 1245. Certain clerks to keep docket-books. Each county clerk, and the clerk of the city court of the city of New York, must keep one or more books, ruled in columns, convenient for making the entries, prescribed in the next section; in which he must docket, in its regular order, and according to its priority, each judgment, which he is required by this article to docket. The expense of procuring a new book, when necessary is a county charge. [AM'D BY CH. 946 OF 1895. In effect Jan. 1, 1896.]

§ 1246. Id.; to docket judgments. Each clerk, specified in the last section, must, when he files a judgment-roll, upon a judgment, rendered in a court of which he is clerk, docket the judgment, by entering, in the proper docket-book, the following particulars, under the initial letter of the surname of the judgment-debtor, in its alphabetical order:

1. The name, at length, of the judgment-debtor; and also his residence, title, and trade or profession, if any of them are stated in the judgment. 2. The name of the party, in whose favor the judgment was rendered. 3. The sum recovered or directed to be paid, in figures.

4. The day, hour, and minute, when the judgment-roll was filed.

5. The day, hour, and minute, when the judgment was docketed in his office.

6. The court in which the judgment was rendered, and if it was rendered in the supreme court, the county where the judgment-roll is filed.

7. The name of the attorney for the party recovering the judgment. If there are two or more judgment-debtors, those entries must be repeated, under the initial letter of the surname of each.

§ 1247. Filing transcripts, and docketing judgments thereon. A clerk, with whom a judgment-roll is filed, upon a judgment docketed as prescribed in the last section, must furnish to any person applying therefor, and paying the fees allowed by law, one or more transcripts of the docket of the judgment, attested by his signature. A county clerk to whom such a transcript is presented, must, upon payment of his fees therefor, immediately file it, and docket the judgment, as prescribed in the last section, in the appropriate docket-book, kept in his office.

*Stricken out by Ch. 542 of 1879.