much as shall be necessary to satisfy the plaintiff's demand, with costs and expenses. He must make an inventory of all the property seized by him, or of so much as shall be necessary to satisfy the plaintiff's demand, with costs and expenses. Under the direction of the court, he must collect and receive all debts due to the defendant. When any of the property is perishable, it is his duty to convert such property into money, and retain the money until the termination of the suit. It is not necessary for the sheriff to enter upon the real property. It is only necessary to include the same in his return. When a judgment is obtained, and an execution issued, it is the duty of the sheriff to satisfy the execution out of the property attached by him. He first applies the money in his hands, obtained from the sale of perishable property and the collection of debts. If a balance remains due, he proceeds to sell the other property, and satisfy the execu tion. He then delivers the balance to the defendant.

CHAPTER LXXXVIII.

TRIAL OF ACTIONS.

1. Ir the defendant does not serve an answer or demurrer to the complaint, a judgment is taken against him without a trial. A trial is only necessary where there is an

Of what must he make an inventory? What collections may he make, under the direction of the court? If any of the property is perishabe, what is his duty? Is it necessary for the sheriff to enter upon the real property? What only is necessary? When a judgment is ob tained, and an execution issued, what is the duty of the sheriff? What does he first apply to the payment of the execution? If a balance remains due, what action does he take? What does he do with the balance?

1. If the defendant does not serve an answer or demurrer to the com plaint, how is judgment taken? When only is a trial necessary? In a money demand on contract, where the judgment is entered on failure

issue of law, or an issue of fact formed by the pleadings. In a money demand on contract, where the judgment is entered on failure of answer, the judgment-roll consists of the summons, the affidavit of service, the affidavit of no answer or demurrer, the affidavit of disbursements, and the statement for judgment. If the complaint is sworn to, the judgment roll may be entered without further proof. If it is not sworn to, the claim must be proved before the clerk of the court, when the judgment-roll is entered. When the summons is for relief, and there is no answer or demurrer, the plaintiff must generally apply to the court to assess the amount due him. If the action be to recover personal property with damages, or to recover damages for assault and battery, and defendant fail to answer or demur, the court, on application of the plaintiff, will refer the case to a sheriff's jury to assess the damages.

2. When an answer or demurrer has been served, and an issue of law or an issue of fact has been formed, there must be a trial. A trial is a judicial investigation of the issues contained in the action. Issues of law are generally tried by the court; and issues of fact are submitted to a jury. A note of issue is filed with the clerk of the court, and he places the cause on the calendar in the order. of the date of the issue. The date of the issue is the date of the service of the last pleading. The note of issue contains the title of the cause, the names of the attorneys, the date issue was joined, and a statement of the issue, whether of law or of fact. When the cause is placed on the calendar, either party may notice it for trial. Both parties generally give notice, each to the other. The plaintiff

to answer, of what does the judgment-roll consist? If the complaint is sworn to, is further proof necessary? If it is not sworn to, before whom must it be proved? When the summons is for relief, and there is no answer or demurrer, to whom must the plaintiff apply to assess the amount due? If the action be for the recovery of personal property with damages, or for assault and battery?

2. When an answer or demurrer has been served, and there is an issue, what must follow? What is a trial? By whom are the issues of law tried? By whom the issues of fact? What is filed with the clerk of the court? In what order does the clerk put the cause on the calen

gives notice that if the defendant fail to appear on the day of trial, he will take an inquest in the action. Defendant gives notice that if the plaintiff fail to appear, defendant will move to dismiss the complaint. No motion for an inquest, or for the dismissal of the complaint, will be entertained by the court, unless previous notice has been given.

3. An inquest is an inquiry before the court into the facts of the case, and rendering judgment thereon, in absence of defendant. In order to prevent an inquest from being taken before the cause is called in its order on the calendar, an affidavit of merits must be filed with the clerk, and a copy served on plaintiff's attorney. The defendant must state in his affidavit of merits, "that he has fully and fairly stated the case to his counsel (giving his residence), and that he is advised, after such statement by his counsel, that he has a good defence upon the merits." When the case is brought on for trial, either party may furnish the court with a copy of the pleadings. It is the duty of the clerk to enter the judgment in his minutes, specifying the time and place of trial, the names of the jurors and witnesses, the verdict, and the judgment in accordance with the verdict.

4. If a question of law arises on the trial, either party may take an exception to the ruling of the court thereon, and may have the question reheard on appeal. Questions of law are raised by demurrer, and by a bill of exceptions. A motion may be made for a new trial on the minutes of the court, containing exceptions, or to set aside a

dar? What is the date of the issue? What does the note of issue contain? Who may give notice of trial? What notice does the plaintiff give? What notice does the defendant give? Will the court entertain such motion without notice?

3. What is an inquest? What must be done to prevent an inquest before the cause is called in its order on the calendar? What must defendant state in his affidavit of merits? When the action is brought to trial, which party furnishes the court with a copy of the pleadings? What entry does the clerk make in his minutes of the trial?

4. If a question of law is decided during the trial, what may either party do? How are questions of law raised? For what may a motion for a new trial, on the minutes of the court, be made? In what way

verdict for insufficient evidence, or for excessive damages. A trial by jury may be waived-1. By failing to appear at trial; 2. By written consent filed with the clerk; 3. By oral consent in open court.

If the action is tried by the court without a jury, the judge must state in his decision the facts found by him, and conclusions of law. Either party may except to such conclusions of law within ten days after notice of the decision.

5. The party appealing makes out a case, which must contain a complete history of the trial, embracing the evidence given by the witnesses, and exceptions taken to questions of law, which arose on the trial, and exceptions to the conclusions of law found by the judge, if tried by him without a jury. When the case is printed, the pleadings are also inserted, which makes a complete history of the case. The same issues which may be tried by the court, may be tried by a referee. The referee must be appointed by the court, either with or without the consent of the parties. The decision of the referee is conclusive in questions of fact, unless it is clearly against evidence, or without any evidence to support it. The referee states in his report the facts found, and conclusions of law: A motion may be made to set aside the report of the referee, and for a new trial, on the following grounds: 1. That the referee has not passed upon all the issucs made by the pleadings; 2. That the facts found are not supported by the evidence; 3. That the conclusions of law are erroneous.

If the report. of the referee is set aside, the case goes.

may trial by jury be waived? If the action be tried by the court without a jury, what must the judge state in his decision? Within what time may either party except to such conclusions of law?

5. Which party makes up the case on appeal? What must the case contain? When the case is printed, what is inserted? What issues may be tried by a referee? How is the referee appointed? When are the decisions of the referee conclusive in matters of fact? What does the referee state in his report? For what reasons may a motion be made before the court to set aside the report of the referee, and for a new trial? If the report of the referee is set aside, what is the effect?

back to the same referee, to be again tried by him. Judgment is entered on the report of a referee, in the same manner as if the trial were by the court. An appeal can be taken directly to the general term, from a judgment entered on the report of a referee. The case is settled. before the referee. A judgment becomes a lien on real property, by being docketed in the Supreme Court, or by filing a transcript of the judgment in the county where the real property is situated. The judgment continues to be a lien upon such real property for a period of ten years from the docketing of the judgment.

CHAPTER LXXXIX.

EXECUTION.

1. An execution may be issued immediately after docketing the judgment. There are three kinds of execution: 1. One against the property of defendant; 2. One against the person of defendant; 3. One to carry the judgment into effect--as, to take the possession of real or personal property from defendant, and deliver it to plaintiff. Under the Code, the execution is issued by the attorney of the plaintiff. It is issued in the name of the people of the State. It is directed to the sheriff of the county in which the property or person is situated. The exccution states the county in which the judgment-roll is filed, and that the same is docketed in the county in which

How is judgment entered on the report of the referee? Can an appeal be taken from such judgment direct to the general term? Before whom is the case settled? When does a judgment become a lien upon defendant's real property? How long does it continue to be a lien on such real property?

1. When may an execution be issued? How many kinds of execu tions are there? By whom is the execution issued? In whose name? To whom is it directed? What is stated in the execution? What does it command the sheriff to do? If there is not sufficient personal prop