CHAPTER 8.-THE MANNER OF GIVING AND ENTERING Judg MENT. Judgment, how and when en tered. Argument of case. Counter claim. Action for property, etc. SEC. 199. When trial by jury has been had, judgment shall be entered by the Clerk in conformity to the verdict, within twenty-four hours after the rendition of the verdict, unless the Court order the case to be reserved for argument or further consideration, or grant a stay of proceedings. SEC. 200. When the case is reserved for argument or further consideration, as mentioned in the last Section, it may be brought by either party before the Court for argument. SEC. 201. If a counter claim, established at the trial, exceed the plaintiff's demand, so established, judgment for the defendant shall be given for the excess; or, if it appear that the defendant is entitled to any other affirmative relief, judgment shall be given accordingly. SEC. 202. In an action to recover the possession of personal propof personal erty, judgment for the plaintiff may be for the possession, or the value thereof, in case a delivery cannot be had, and damages for the detention, or the value of the use thereof. If the property have been delivered to the plaintiff, and the defendant claim a return thereof, judgment for the defendant may be for a return of the property, or the value thereof, in case a return cannot be had, and damages for taking and withholding the same, or the value of the use thereof. In an action on a contract or obligation for the direct payment of money, payable in a specified or agreed kind of money or currency, judgment for the plaintiff, whether the same be by default or after verdict, or decision of the Court or referee, may follow the contract or obligation, and be made payable in the kind of money or currency therein specified or thereby agreed. And in an action against any person for the recovery of money received by such person in a fiduciary capacity, or to the use of another, judgment for the plaintiff, whether the same be by default or after verdict, or decision of the Court or referee, may be made payable in the same kind of money or currency so received by such person; and in all cases of damage the judgment shall be for gold coin. Judgment Death of party. Judgment roll. Lien of judgment. SEC. 203. The Clerk shall keep among the records of the Court a book for the entry of judgments, to be called the "Judgment Book," in which each judgment shall be entered, and shall specify clearly the relief granted, or other determination of the action. SEC. 204. If a party die after a verdict or decision upon any issue of fact, and before judgment, the Court may nevertheless render judgment thereon. Such judgment shall not be a lien on the real property of the deceased party, but shall be payable in the course of administration on his estate. SEC. 205. Immediately after entering the judgment the Clerk shall attach together and file the following papers, which shall constitute the judgment roll: First-In case the complaint be not answered by any defendant, the summons, with the affidavit or proof of service, and the complaint, with a memorandum indorsed on the complaint that the default of the defendant in not answering was entered, and a copy of the judgment. Second-In all other cases the summons, pleadings and a copy of the judgment, and any orders relating to a change of the parties. SEC. 206. Immediately after filing a judgment roll the Clerk shall make the proper entries of the judgment, under appropriate heads, in the docket kept by him, and from the time the judgment is docketed it shall become a lien upon all the real property of the judgment debtor not exempt from execution in the county, owned by him at the time, or which he may afterwards acquire, until the said lien expires. The lien shall continue for two years, unless the judgment be previously satisfied. But the time during which the execution of the judgment is suspended by appeal or action of the Court or defendant, shall not be computed. SEC. 207. The docket mentioned in the last section is a book Docket, how kept. which the Clerk shall keep in his office with each page divided into columns: Judgment debtors; judgment creditors; judgment; time of entry; where entered in judgment book; appeals; when taken; judgment of Appellate Court; satisfaction of judgment; when entered. If judgment be for the recovery of money or damages, the amount shall be stated in the docket under the head of judgment; if the judgment be for any other relief, a memorandum of the general character of the relief granted shall be stated. The names of the defendants shall be entered in the docket in alphabetical order. SEC. 208. The docket kept by the Clerk shall be open at all times To be open for inspecduring office hours for the inspection of the public, without charge; tion. and it shall be the duty of the Clerk to arrange the several dockets kept by him in such a manner as to facilitate their inspection. lien in other counties. SEC. 209. A transcript of the original docket, certified by the Judgment Clerk, may be filed with the Recorder of any other county, and from the time of the filing the judgment shall become a lien upon all the real property of the judgment debtor not exempt from execution in such county, owned by him at the time, or which he may afterwards acquire, until the said lien expires. The lien shall continue for two Duration of years, unless the judgment be previously satisfied. But the time lien. during which the execution of the judgment is suspended by appeal, or action of the Court or defendant, shall not be computed. ment, how SEC. 210. Satisfaction of a judgment may be entered in the Clerk's Satisfaction docket upon an execution returned satisfied, or upon an acknowledg- of judg ment of satisfaction filed with the Clerk, made in the manner of an entered. acknowledgment of a conveyance of real property, by the judgment creditor, or within one year after the judgment, by the attorney, unless a revocation of his authority be previously filed. Whenever a judgment shall be satisfied in fact, otherwise than upon execution, it shall be the duty of the party or attorney to give such acknowledgment, and upon motion the Court may compel it, or may order the entry of satisfaction to be made without it. TITLE VII. Of the Execution of the Judgment in Civil Actions. CHAPTER 1.-THE EXECUTION. may issue. SEC. 211. The party in whose favor judgment is given, may at Execution any time within five years after the entry thereof, issue a writ of execution for its enforcement, as prescribed in this chapter. SEC. 212. The writ of execution shall be issued in the name of Form of the State of Nevada, sealed with the seal of the Court, and subscribed writ. Judgment on joint contract. by the Clerk, and shall be directed to the Sheriff, and shall intelligibly refer to the judgment, stating the Court, the county where the judgment roll is filed, the name of the parties, the judgment, and if it be for money, the amount thereof, and the amount actually due thereon, and if made payable in a specified kind of money or currency as provided in Section Two Hundred and Two, the execution shall also state the kind of money or currency in which the judgment is payable, and shall require the Sheriff substantially as follows: First-If it be against the property of the judgment debtor it shall require the Sheriff to satisfy the judgment, with interest, out of the personal property of such debtor, and if sufficient personal property cannot be found, then out of his real property; or if the judgment be a lien upon real property, then out of the real property belonging to him on the day when the judgment was docketed, or if the execution be issued to a county other than the one in which the judgment was recovered, on the day when the transcript of the docket was filed in the office of the Recorder of such county, stating such day, or at any time thereafter. Second-If it be against real or personal property in the hands of the personal representatives, heirs, devisees, legatees, tenants of real property, or trustees, it shall require the Sheriff to satisfy the judgment with interest out of such property. Third-If it be against the person of the judgment debtor, it shall require the Sheriff to arrest such debtor, and commit him to the jail of the county until he pay the judgment with interest or be discharged according to law. FourthIf it be issued on a judgment made payable in a specified kind of money or currency as provided in Section Two Hundred and Two, it shall also require the Sheriff to satisfy the same in the kind of money or currency in which said judgment is made payable, and the Sheriff shall refuse payment in any other kind of money or currency; and in case of levy and sale of the property of the judgment debtor, he shall refuse payment from any purchaser at such sale in any other kind of money or currency than that specified in the execution. The Sheriff collecting money or currency in the manner required by this Act, shall pay to the plaintiff or party entitled to recover the same, the same kind of money or currency received by him, and in case of neglect or refusal so to do, he shall be liable on his official bond to the judgment creditor in three times the amount of the money so collected. FifthIf it be for the delivery of the possession of real or personal property, it shall require the Sheriff to deliver the possession of the same, particularly describing it, to the party entitled thereto, and may at the same time require the Sheriff to satisfy any costs, damages, rents, or profits, recovered by the same judgment out of the personal property of the party against whom it was rendered, and the value of the property for which the judgment was recovered, to be specified therein; if a delivery thereof cannot be had, and if sufficient personal property cannot be found, then out of real property, as provided in the first subdivision of this section. SEC. 213. When a writ of execution is issued on a judgment recovered against two or more persons, in an action upon a joint contract, in which action all the defendants were not served with summons, or did not appear, it shall direct the Sheriff to satisfy the judgment out of the joint property of all the defendants, and the individual property only of the defendants who were served, or who appeared in the action. In other respects the writ shall contain the directions specified in subdivisions one and four of the last section. turnable. SEC. 214. The execution may be returnable at any time, not less When rethan ten, nor more than sixty days after its receipt by the Sheriff, to the Clerk with whom the judgment roll is filed. SEC. 215. Where a judgment requires the payment of money, or Payment of the delivery of real or personal property, the same shall be enforced money. in those respects by execution. copy requires SEC. 216. Where it requires the performance of any other act, a where it certified of the judgment may be served upon the party against performwhom it is given, or upon the person or officer who is required thereby, ance of or by law, to obey the same and his obedience thereto enforced. other act. death of party. SEC. 217. Notwithstanding the death of a party after the judg- After ment, execution thereon may be issued, in case of the death of the plaintiff, the same as if he were living, upon the application of his executor, or administrator, or successor in interest, to the Court in which the judgment was rendered, and in case of the death of the defendant if the judgment be for the recovery of real or personal property, execution may be issued against such property, in the same manner and with the same effect as if he were still living. to different SEC. 218. Where the execution is against the property of the May issue judgment debtor, it may be issued to the Sheriff of any county in the counties. State. Where it requires the delivery of real or personal property, it shall be issued to the Sheriff of the county where the property, or some part thereof, is situated. Executions may be issued at the same time to different counties. liable to execution. SEC. 219. All goods, chattels, moneys, and other property, real Property and personal, of the judgment debtor, or any interest therein of the judgment debtor not exempt by law, and all property and rights of property seized and held under attachment in the action, shall be liable to execution. Shares and interests in any corporation or company, and debts and credits, and other property not capable of manual delivery, may be attached in execution in like manner as upon writs of attachment. Gold dust and bullion shall be returned by the officer as so much money collected, at its current value, without exposing the same to sale. Until a levy, property shall not be affected by the execution. SEC. 220. If the property levied on be claimed by a third person as his property, the Sheriff shall summon from his county six persons qualified as jurors between the parties, to try the validity of the claim. He shall also give notice of the claim and of the time of trial to the plaintiff, who may appear and contest the claim before the jury. The jury and the witnesses shall be sworn by the Sheriff, and if their verdict be in favor of the claimant, the Sheriff may relinquish the levy, unless the judgment creditor give him a sufficient indemnity for proceeding thereon. The fees of the jury, the Sheriff and the witnesses, shall be paid by the claimant, if the verdict be against him; otherwise by the plaintiff. Proceedings where property is claimed by third party. exempt SEC. 221. The following property shall be exempt from execution, Property except as herein otherwise specially provided: First-Chairs, tables, from execudesks and books to the value of one hundred dollars, belonging to the tion. judgment debtor. Second-Necessary household, table and kitchen furniture belonging to the judgment debtor, including stove, stove-pipe, and stove furniture, wearing apparel, beds, bedding and bedsteads, and provisions and firewood actually provided for individual or family use sufficient for one month. Third-The farming utensils or implements of husbandry of the judgment debtor; also, two oxen or two horses or two mules and their harness, two cows and one cart or wagon, and food for such oxen, horses, cows or mules for one month; also, all seed grain or vegetables actually provided, reserved or on hand for the purpose of planting or sowing at any time within the ensuing six months, not exceeding in value two hundred dollars. Fourth-The tools and implements of a mechanic or artisan necessary to carry on his trade, the instruments and chests of a surgeon, physician, surveyor and dentist, necessary to the exercise of their profession, with their scientific and professional libraries, and the law libraries of an attorney or counsellor, and the libraries of ministers of the Gospel. Fifth-The cabin or dwelling of a miner, not exceeding in value the sum of five hundred dollars; also, his sluices, pipes, hose, windlass, whim, derrick, cars, pumps, tools, implements and appliances necessary for carrying on any kind of mining operations, not exceeding in value the aggregate sum of five hundred dollars, and two horses, mules or oxen, with their harness, and food for such horses, oxen or mules for one month, when necessary to be used for any whim, windlass, derrick, car, pump, or hoisting apparatus. Sixth-Two oxen, two horses or two mules and their harness, and one cart or wagon, by the use of which a cartman, huckster, pedler, teamster or other laborer habitually earns his living; and one horse, with vehicle and harness or other equipments, used by a physician or surgeon or minister of the Gospel in making his professional visits, and also food for such oxen, mules or horses for one month. Seventh-One sewing machine, not exceeding in value one hundred and fifty dollars, in actual use by the debtor or his family. Eighth-All fire engines, hooks and ladders, with the carts, trucks and carriages, hose, buckets, implements and apparatus thereto appertaining, and all furniture and uniforms of any fire company or department now existing or which may be, under the laws of this State, hereafter organized. Ninth-All arms, uniforms and accoutrements required by law to be kept by any person. Tenth-All Court-houses, jails, public offices and buildings, lots, grounds and personal property; the fixtures, furniture, books, papers and appurtenances belonging and pertaining to the Court-house, jail and public offices, belonging to any county of this State; and all cemeteries, public squares, parks and places, public buildings, town halls, public markets, buildings for the use of the fire departments and military organizations, and the lots and ground thereto belonging and appertaining, owned or held by any town or incorporated city, or dedicated by such town or city to health, ornament or public use, or for the use of any fire or military company now existing, or which may be, under the laws of the State, hereafter organized. Eleventh-No article or species of property mentioned in this section shall be exempt from execution issued upon a judgment recovered for its price, or upon a mortgage thereon. SEC. 222. The Sheriff shall execute the writ against the property of the judgment debtor by levying on a sufficient amount of property, if there be sufficient, collecting or selling the things in action, and selling the other property, and paying to the plaintiff or his attorneys so much of the proceeds as will satisfy the judgment, or depositing the amount with the Clerk of the Court. Any excess in the proceeds over the judgment and the Sheriff's fees shall be returned to the judgment debtor. When there is more property of the judgment debtor than is sufficient to satisfy the judgment and the Sheriff's fees within the view of the Sheriff, he shall levy only on such part of the property as the judgment debtor may indicate; provided, that the judgment debtor may indicate at the |