Proceedings upon (u issue of law. shall be settled as provided by the rules of the court, and the $ 269. On a judgment for the plaintif upon an issue of judgment law, the plaintiff may proceed in the manner prescribed by the "first two sub-divisions of section two hundred and forty-six, CHAPTER V. Trial by referees. 271. When reference may be compulsorily ordered. 273. Referees, how chosen. fact or of law, or both, may be referred, upon the written upon the application of either, or of its own motion, exWhen re- cept where the investigation will require the decision of may be difficult questions of law, direct a reference in the followcompulso. referable ference rily order. ing cases : ed. 1. Where the trial of an issue of fact shall require the examination of a long account on either side ; in which case, the referees may be directed to hear and decide the whole issue, or to report upon any specifio question of fact involved therein; or, 2. Where the taking of an account shall be necessary for the information of the court, before judgment, or for carrying a judgment or order into effect; or, 3. Where a question of fact, other than upon the pleadings, shall arise, upon motion or otherwise, in any stage of the action. stand as decision of the court. § 272. The trial by referees is conducted in the same man- Report to ner as a trial by court. They have the same power to grant adjournments as the court upon such trial. They must state the facts found and the conclusions of law separately, and their decision must be given, and may be excepted to and reviewed in like manner. The report of the referees upon the whole issue stands as the decision of the court, and judgment may be entered thereon in the same manner as if the action had been tried by the court. When the reference is to report the facts, the report has the effect of a special verdict. how cho. sen. § 273. In all cases of reference, the parties, except when Referees, an infant may be a party, may agree upon a suitable person, or persons, not exceeding three, and the reference shall be ordered accordingly; and, if the parties do not agree, the court shall appoint one or more referees, not exceeding three, who shall be free from exception. CHAPTER VI. Manner of entering judgment. SECTION 274. Judgment may be for or against any of the parties. 275. The relief to be awarded to the plaintiff. 276. Rate of damages, where damages are recoverable. 277. Judgment in action for recovery of personal property. 278. Judgment upon issue of law or of fact, to be upon direction 279. Clerk to keep a judgment book. 280. Judgment to be entered in judgment book. 281. Judgment roll. 282. Judgment, in what cases and how to be docketed. may be for any of the 274. Judgment may be given, for or against one or Judgment more of several plaintiffs, and for or against one or more or against of several defendants, and it may determine the ultimate the parties. rights of the parties on each side, as between themselves. In an action against several defendants, the court may, in its discretion, render judgment against one or more of them, leaving the action to proceed against the others, whenever a several judgment may be proper. The court may also dismiss the complaint, with costs, in favor of one or more defendants, in case of unreasonable neglect 'The relief to be the plain on the part of the plaintiff to serve the summons on other defendants, or to proceed in the cause against the defendant or defendants served. § 275. The relief granted to the plaintiff, if there be no awarded to answer, cannot exceed that which he shall have demandtul. ed in his complaint; but in any other case, the court may grant him any relief consistent with the case made by the complaint and embraced within the issue. Rate of damages where damages § 276. Whenever damages are recoverable, the plaintiff may claim and recover, if he show himself entitled thererecovera- to, any rate of damages, which he might have heretofore recovered for the same cause of action. able. Judgment in action ry of per perty. 277. In an action to recover the possession of personfor recove al property, judgment for the plaintiff may be for the sonal pro- possession, or for the recovery of possession, or the value thereof, in case a delivery cannot be had, and of damages for the detention. 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. § 278. Judgment upon an issue of law not tried at a genof law or eral term or an issue of fact, or upon confession, or upon De pond failure to answer, (except where the clerk is authorized to enter the same by the first sub-division of section two hundred referees, and forty-six, and by section three hundred and eighty-four,) shall in the first instance be entered upon the direction of a single judge, or report of referees, subject to review at the general term on demand of either party, as herein provided. Judgment upon issue of fact, to rection of a single judge or on report of subject to review at general term. Clerk to keep a $279. The clerk shall keep among the records of the judgment court, a book for the entry of judgments, to be called the "judgment book." book. Judgment to be enter § 280. The judgment shall be entered in the judgment ed in judge book, and shall specify clearly the relief granted, or other ment book. determination of the action. Jud ment roli. cases § 281. Unless the party or his attorney shall furnish a judgment roll, the clerk, immediately after entering the judgment, shall attach together and file the following papers, which shall constitute the judgment roll; 1. In case the complaint be not answered by any defendant, the summons and complaint, or copies thereof, proof of service, and that no answer has been received, the report, if any, and a copy of the judgment. 2. In all other cases the summons, pleadings or copies thereof, and a copy of the judgment, with any verdict or report, the offer of the defendant, bill of erceptions, case, and all orders relating to a change of parties, and all orders and papers in any way involving the merits, and necessarily affecting the judgment. $ 282. On filing a judgment roll upon a judgment, directing Judgment in whole or in part the payment of money, it may be docketed asukan with the clerk of the county where it was rendered, and in any docketed other country, upon the filing with the clerk thereof a transcript , of the original "dockel," and shall be a lien on the real property in the county where the same is docketed, of every person against whom any such judgment shall be rendered, and which he may have at the time of docketing ther: of, in the county in which such real estate is si/uated, or which he shall acquire at any time thereafter for ten years from the time of docketing the same in the county where it was rendered. But whenever an appeal from any judgment shall be pending, and the undertaking requisite to stay execution on such judgment shall have been given, and the appeal perfected as provided in the Code, the court in which such judgment was recovered may, on special motion, after notice to the person owning the judgment, in such terms as they shall see fit, direct an entry to be made by the clerk on the dockel of such judgment that the same is "secured on appeal,” and thereupon it shall cea se during the pending of the appeal to be a lien on the real property of the judgment debtor as ogainst purchasers and mortgagees in good faith. TITLE IX. II. Proceedings supplementary to the execution. Exeeution within five years, of course as title. CHAPTER I. The execution. title. how obtained. Execution on judgment of justices' or other inferior courts when docketed, how issued. wise provided. ments as now used, are modified in conformity to this title, prescribed and the party in whose favor judgment has been heretoby this fore or shall hereafter be given, may at any time within § 284. After the lapse of five years from the entry of years to be cuced only judgment, an erecution can be issued only by leave of the court, upon motion, with personal notice to the adverse party, When judgment shall have been rendered in a court of jus tice of the peace, or in a justice's or other inferior court in a on judg. cily, and docketed in the office of the clerk of the county, the jusuces' or other infe application for leave to issue execution must be to the county court of the county where the judgment was rendered, or in Aner fivo eourt. Leave how obtained. Execution ment of rior courts |