An execution may be issued on a judgment of the City Court at the option of the judgment creditor, either by the County Clerk directed to the Sheriff as prescribed by law, after the filing of a transcript of judgment, as provided in the next section, or by the Clerk of the City Court, within six (6) years thereafter, directed to a Marshal. But no execution shall issue out of the City Court after a transcript has been issued, and no transcript shall be issued while an execution of the City Court remains unreturned, except a transcript showing that a judgment has been vacated, set aside or modified. The execution, when issued by the County Clerk upon a judgment in an action to foreclose a mechanic's lien, shall authorize and direct the Sheriff to sell the right, title and interest of the owner in the premises upon which the lien set forth in the complaint existed at the time of filing the notice of lien.
Where a judgment is rendered, the Clerk of the City Court must, upon the application of the party in whose favor the judgment was rendered and within six (6) years thereafter, deliver to him a transcript of the judgment, except as provided in the last section. In an action brought to foreclose a mechanic's lien if judgment be rendered in favor of the plaintiff, said Clerk shall insert in said transcript, in addition to the matters required to be inserted in other transcripts, a statement that the action was brought to foreclose a mechanic's lien and that said lien has been duly established and adjudged against the interest of the defendant in the property described in the complaint at the time of the filing of the notice of lien, a copy of which description should be set forth in said transcript. The County Clerk of Albany County must, upon the presentation of the transcript and payment of the fees therefor, indorse thereupon the date of its receipt, file it in his office, and docket the judgment, as of the time of the receipt of the transcript, in a book kept by him for that purpose, as prescribed by law, and if the judgment be one which is rendered for the recovery of a chattel, or for the value thereof, or for the foreclosure of a mechanic's lien, must also enter in the docket the particulars of the judgment as stated in the transcript. Thenceforth the judgment is deemed a judgment of the County Court and may be enforced accordingly, except that an attorney admitted to practice in the courts of the State of New York, representing the judgment creditor, may issue executions upon such judgment in the manner obtaining for the issuance of executions upon judgments originally rendered in the County Court and, where the judgment creditor is not so represented, an execution may be issued thereupon only by the County Clerk. But nothing in this section shall be construed to prevent the City Court from vacating, setting aside or modifying the judgment as hereinbefore provided. In case an order is made by said Court vacating, setting aside or modifying a judgment, a copy of such order certified by the Clerk of the Court may be filed with the Clerk of any county in whose office a transcript of such judgment has been docketed and upon such filing the County Clerk shall enter in the docket opposite the entry of such judgment a statement that such judgment has been vacated, set aside or modified as the case may be.
A final judgment for a sum of money, or directing the payment of a sum of money, heretofore or hereafter rendered, and docketed in the office of a County Clerk as prescribed in this article, is presumed to be paid and satisfied after the expiration of twenty (20) years from the time when the party recovering it was first entitled to a mandate to enforce it. This presumption is conclusive, except as against a person who, within twenty (20) years from that time, makes a payment or acknowledges an indebtedness of some part of the amount recovered by the judgment or decree, or his heir or personal representative, or a person whom he otherwise represents. Such an acknowledgment must be in writing, and signed by the person to be charged thereby.
Except as otherwise specially prescribed by law, a judgment rendered in this Court, a transcript of which is filed in the County Clerk's office, as prescribed in this article, where it is for the sum of twenty-five dollars ($25.) or more, binds, and is a charge upon, for ten (10) years after filing such transcript and no longer, the real property and chattels real, in that county, which the judgment debtor has, at the time of such filing, or which he acquires at any time afterward, and within ten (10) years.
In an action wherein the complaint demands judgment for a sum of money against two (2) or more defendants alleged to be jointly indebted upon contract, if the summons is served upon one (1) or more but not all of the defendants, the plaintiff may proceed against the defendant or defendants upon whom it is served unless the Court otherwise directs, and, if he recovers final judgment, it may be taken against all the defendants thus jointly indebted. Such a judgment is conclusive evidence of the liability of each defendant upon whom the summons was personally served or who appeared in the action, and as against a defendant not summoned, it is evidence only of the extent of the plaintiff's demand, after the liability of that defendant has been established, by other evidence.
An execution or a transcript issued upon such a judgment, as prescribed in the foregoing section, must be issued, in form, against all the defendants, and the Clerk of the City Court must indorse thereupon the name of each defendant who was not summoned. If the execution be issued to the Sheriff upon a judgment docketed in the office of the County Clerk there must be indorsed thereupon a direction to the Sheriff containing the name of each defendant who was not summoned, and restricting the enforcement of the execution, as prescribed in the next section.
An execution against the person, issued upon a judgment, as prescribed in § 30-232 of this article, shall not be enforced against the person of a defendant, whose name is indorsed thereupon, as not summoned, as prescribed in the foregoing section. An execution against property issued upon such a judgment shall not be levied upon the sole property of a defendant not summoned, but it may be collected out of personal property, owned by him, jointly with the other defendants, who were summoned, or with any of them, and out of the personal property of the latter, or any of them.
Where a judgment has been taken, as prescribed in § 30-232 of this article, the Clerk of the City Court must write upon his docket, and the County Clerk with whom a transcript is filed, as provided in this Part 2, must write upon his docket, opposite or under the name of each defendant upon whom the summons was not served, the words "not summoned." The judgment does not, by virtue of its being docketed, bind any real property, or chattel real, owned by such a defendant. But this section does not affect the plaintiff's right of action to charge the judgment upon any real property.
After the recovery of a judgment against joint debtors, as prescribed in § 30-226 of this Part 2, an action may be maintained by the judgment creditor, against one (1) or more of the defendants who were not summoned in the original action, to procure a judgment charging his or their property with the sum remaining unpaid upon the original judgment.
The County Clerk with whom a transcript is filed, as prescribed in this Part 2, must furnish to any person applying therefor, and paying the fees allowed by law, one (1) 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 the fees therefor, immediately file it and docket the judgment in the appropriate docket book kept in his office, in like manner as the judgment was docketed by the first County Clerk. The judgment, when docketed, as prescribed in this section, has the like effect with respect to the enforcement thereof, or any proceedings thereunder, or by virtue thereof, in the county where it was so docketed, as it has in the county in which it was docketed upon the transcript from the City Court.
Whenever any judgment shall be ordered against any City Marshal or his sureties, in the City Court, a transcript thereof shall be filed with the County Clerk of Albany County and from the filing of such transcript such judgment shall be deemed to be a judgment of the County Court and shall be enforced in the same manner as other judgments of that Court. And no execution on such judgment shall issue to any other officer than the Sheriff, and all such executions must be made returnable to the County Clerk.
The execution, when issued out of the City Court, must be directed to a Marshal, subscribed by the Clerk of the Court, and must bear the date of the day of its delivery to the officer to be executed. It must intelligibly refer to the judgment by stating the names of the parties, the time when rendered, and the amount of the judgment and, if less than the whole is due, the true amount due thereon; it must require of the Marshal substantially as follows:
A. 
If it be a case where the defendant cannot be arrested, it must direct the officer to collect the amount of the judgment, or the amount due thereon, out of the personal property of the debtor and to pay the same to the party entitled thereto.
B. 
If it be a case where the defendant may be arrested, in addition to the foregoing, it may direct the officer, if sufficient property of the defendant liable to execution cannot be found to satisfy the judgment, that he arrest the defendant and commit him to the jail of the county until he pay the judgment or be discharged according to law.
C. 
It must further, in all cases, direct the officer to make return of the execution and a certificate thereon showing the manner in which he had executed the same, in sixty (60) days from the time of his receipt thereof, to the Court.
When the execution directs the arrest of the defendant for want of sufficient personal property, if there be not sufficient subject to levy known to the officer, or if upon demand by the officer of the defendant, he fail to produce sufficient property, the officer may, without further delay, arrest the defendant; when arrested, the defendant must be conveyed to the jail of the county and there kept in custody until the execution, with costs, be paid or he be discharged by due course of law.
An execution may, at the request of the judgment creditor, be renewed before the expiration of the sixty (60) days by the word "renewal" being written thereon, with the date thereon, subscribed by the Clerk of the Court; such renewal has the same effect as an original issue, and may be repeated as often as may be necessary. If an execution be returned unsatisfied, others may be issued on the like request from time to time until the judgment be satisfied.
A defendant cannot be arrested nor his property sold on execution after sixty (60) days from its issue or renewal, but property levied on within the sixty (60) days may be sold after renewal.
A Marshal is liable to a party in whose favor an execution is issued to him for the amount thereof in the following cases:
A. 
Where he suffers the sixty (60) days to elapse without making a true return thereof, and filing the same with the Clerk of the Court, and paying to him or to the party entitled thereto the money collected thereon by him.
B. 
Where he willfully or carelessly omits to levy on property of the defendant, or if the defendant be liable to arrest, to arrest and imprison him within sixty (60) days, or having arrested the defendant, fails to commit him to the county jail within the sixty (60) days.
Judgments rendered and docketed in this Court may be satisfied in the same manner as judgments rendered and docketed in courts of record.