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money which was paid upon the sale, with interest from the time of the sale as prescribed in this article, including the costs and expenses of said defendant in defending the action in which such judgment was recovered, to be adjusted by a judge of the court in which said action is brought, and in the event of plaintiff's failure to pay such purchase-money and expenses within the time aforesaid, said title shall be valid in said grantee, and in case such judgment has heretofore been recovered and an appeal has been taken therefrom which is now pending, and such judgment shall be affirmed on final appeal, the same shall have no force or effect unless within twenty days after the entry of judgment of affirmance, the plaintiff shall pay to such grantee or his assigns the sum of money which was paid upon the sale, with interest as aforesaid, including the costs and expenses of the defendant as aforesaid, in prosecuting any appeal from such judgment, and in the event of plaintiff's failure so to do, said title shall be valid in said grantee.

§ 1441. The person entitled to the possession of real property, sold by virtue of an execution, as prescribed in the last section, may, during the period therein specified, use and enjoy the same as follows, without being chargeable with committing waste:

1. He may use and enjoy it in like manner, and for the like purposes, as it was used and enjoyed before the sale, doing no permanent injury to the freehold.

2. He may make necessary repairs to a building or other erection thereupon. But this subdivision does not permit an alteration in the form or structure of the building or other erection.

3. He may use and improve the land, in the ordinary course of husbandry; but he is not entitled to a crop, growing thereon, at the expiration of the period of redemption.

4. He may apply any wood or timber on the land to the necessary reparation of a fence, building or other erection, which was thereupon at the time of the sale.

5. If he actually occupies the land sold, he may take necessary firewood therefrom for use in his household.

§ 1442. If, at any time during the period allowed for redemption, the judgment debtor, or any other person in possession of the property sold, commits, or threatens to commit, or makes preparations for committing, waste thereupon, the supreme court, or any justice thereof, within the judicial district, or the county judge of the county, in which the property, or any part thereof, is situated, may, upon the application of the purchaser, or his assignee, or the agent or attorney, of either, and proof, by affidavit, of the facts, grant, without notice, an order, restraining the wrong-doer from committing waste upon the property.

1443. If the person, against whom such an order is granted, commits waste in violation thereof, after the service upon him of the order, with a copy of the affidavit upon which it was granted, the court, or judge, upon proof, by affidavit, of the facts, may grant an order, requiring him to show cause, at a time and place therein specified, why he should not be punished for a contempt.

§ 1444. If, upon the return of the order to show cause, it satisfactorily appears, that the person, required to show cause, has violated the former order, the court or judge may either punish him, as prescribed by law, for the punishment of a contempt of a court of record, other than a criminal Pontempt; or may grant a warrant, directed to the sheriff of the county,

reciting the former order, and the violation thereof, and commanding the sheriff to commit the wrong doer to close confinement, for a term specified therein, not more than one year. A person thus committed cannot be admitted to the liberties of the jail.

§ 1445. The warrant may be superseded, and the prisoner discharged, by an order, in the discretion of the court or judge committing him, upon his executing, to the person who applied for the warrant, an undertaking, in a sum fixed, and with sureties approved, by the court or judge, to the effect, that he will pay any judgment, which the applicant, or his assignee, or other representative, may recover against him, by reason of any waste theretofore or thereafter committed on the property; and upon his paying to the applicant, for the costs and expenses of the proceedings, a sum, fixed by the court or judge.

§ 1446. Within one year after the sale of real property, by virtue of an execution, a person, specified in the next section, may redeem it, by paying to the purchaser, his executor, administrator, or assignee, or to the sheriff who made the sale, for the use of the person so entitled thereto, the sum of money which was paid upon the sale, with interest from the time of the sale, at the rate of ten per centum a year.

§ 1447. The redemption specified in the last section, may be made, either by the judgment debtor, whose right and title were sold, or by his heir, devisee or grantee, who has acquired, by inheritance, devise, deed, sale, by virtue of a mortgage or of an execution, or by any other means, an absolute title to the property proposed to be redeemed; or, in a case specified in section one thousand four hundred and fifty-eight or one thousand four hundred and fifty-nine of this act, to a portion thereof.

§ 1448. Upon payment being made, by a person entitled to redeem real property, as prescribed in the last two sections, the sale of the property redeemed, and the certificates of the sale as far as they relate thereto, become null and void.

§ 1449. Real property, sold by virtue of an execution, which remains, at the expiration of one year after the sale, unredeemed by the person or persons entitled to redeem it, as prescribed in the last three sections, may be redeemed, within three months after the expiration of the year, by the creditors specified, and upon the terms and in the manner prescribed, in the following sections of this article,

§ 1450. In a case specified in the last section, a creditor, having in his own name, or as executor, administrator, assignee, trustee, or otherwise, a judgment rendered, or a mortgage duly recorded, at any time before the expiration of fifteen months from the time of the sale, which is a lien upon the real property sold, may redeem that property, by paying the sum of money, which was paid upon the sale thereof, with interest at the rate of seven per centum a year from the time of the sale, and executing a certifi cate of satisfaction, as prescribed in section one thousand four hundred and sixty-three of the act.

§1451. Where a creditor has redeemed real property, as prescribed in the last section, any other creditor, who might have redeemed it from the purchaser, as therein prescribed, may redeem it from the first redeeming creditor, as follows:

1. He must reimburse to the first redeeming creditor, his executor, administrator, or assignee, the sum paid by him to redeem the property, with

interest at the rate of seven per centum a year, from the time of his redemption.

2. He must execute a certificate of satisfaction, relating to his judg ment or mortgage, in like manner as the first redeeming creditor was required to do.

3. If the judgment or mortgage, by virtue of which the first creditor redeemed, is prior to the judgment or mortgage of the second creditor, the second creditor must also pay to the first creditor, the sum specified in the certificate of satisfaction, executed by him upon his redemption, with interest at the rate of seven per centum a year, from the time of his redemption; unless the first redeeming creditor's judgment, or mortgage had ceased, when he redeemed, to be a lien as against the second redeeming creditor; in which case, the latter need not pay any part of the sum, specified in the certificate.

§ 1452. Where the lien of the second redeeming creditor's judgment or mortgage, is prior to that of the first redeeming creditor's judgment or mortgage, so that the former redeems, without paying the sum, specified in the latter's certificate of satisfaction, the latter may, without executing another certificate of satisfaction, again redeem from the former, or from any subsequent redeeming creditor, in a case, where he would have been entitled to redeem, if his first certificate had not been executed; and he has the same rights, with respect to any creditor redeeming from him, as if his first certificate had been executed, when he made his second redemption.

§ 1453. A third or other creditor, who might have redeemed, as prescribed in the last four sections, may redeem from the second or any other creditor, who has redeemed, in the manner, and upon the terms and conditions, prescribed in the last two sections.

§ 1454. A creditor, who might have redeemed within fifteen months after the sale, as prescribed in the last four sections, may redeem from any other redeeming creditor, although the fifteen months have elapsed; provided, that he thus redeems within twenty-four hours after the last previous redemption.

$1455. A redemption, made by a creditor, on or after the last day of the fifteen months, must be made at the sheriff's office of the county. The sheriff, or his under-sheriff, or a deputy-sheriff, in his behalf, must attend at the sheriff's office, for that purpose, on the last day of the fifteen months, and on each day thereafter, in which a redemption can be made, during the time when the sheriff's office is required by law to be kept open. In the absence of the sheriff, the redemption may be made, by paying the necessary money, and delivering the necessary papers, to the under-sheriff, or to any deputy-sheriff, present at the sheriff's office. If the term of office of the sheriff, who made the sale, has expired, and he, or his under-sheriff, or a deputy-sheriff authorized, in his behalf, to receive the necessary money and the necessary papers, is not present, the money may be paid, and the papers may be delivered, to the sheriff then in office, or to the under-sheriff or a deputy-sheriff of the latter.

§ 1456. If the purchaser, at the execution sale, of property, which can be redeemed by a creditor, as prescribed in this article, is also a creditor of the judgment debtor, and as such could redeem from a purchaser, or a redeeming creditor, he may avail himself of his judgment or mortgage, to redeem from any other redeeming creditor.

1457. The judgment creditor, by virtue of whose execution real prop

erty has been sold, cannot avail himself of the judgment, upon which the execution was issued, to redeem the property; nor, except as otherwise specially prescribed in this article, can a creditor, who has once redeemed, avail himself of the same judgment or mortgage, to redeem again. But if either has another judgment or mortgage, which would entitle him to redeem, he may avail himself thereof for that purpose, in the same manner and on the same terms, as any other creditor.

§ 1458. Where a person, who has an absolute title to, or a judgment or mortgage, which is a lien upon, a distinct parcel only of the real property, sold by virtue of an execution, would be authorized, by this article, to redeem the property, if his title or lien extended to the whole, he may redeem from a purchaser, the entire property sold, or from a prior redeeming creditor, the entire property redeemed by that creditor; except that if his title or lien extends to a distinct parcel only of one or more parts of the property, which were separately sold, he can redeem, from a purchaser, only the part or parts thus separately sold, in which his distinct parcel is included.

§ 1459. Where two or more persons own undivided shares, as joint tenants, or as tenants in common, in real property, sold by virtue of an execution, or in a distinct parcel thereof, which has been separately sold; each of them may redeem, from the parchaser, as prescribed in sections one thousand four hundred and forty-six and one thousand four hundred and fortyseven of this act, the share or interest belonging to him, by paying a part of the purchase money, bid for the property, or for that distinct parcel thereof, bearing the same proportion to the whole as the share of interest, proposed to be redeemed, bears to the property, or distinct parcel separately sold, of which it is a part; together with interest on the sum so paid, from the time of the sale, at the rate of ten per centum a year.

$1460. Where the judgment or mortgage of a creditor, entitled to redeem, is a lien upon an undivided share, specified in the last section, he may redeem, from a purchaser, that undivided share, by paying him the same proportion of the purchase money, which the owner must have paid to redeem it, as prescribed in the last section; or he may redeem, from a prior redeeming creditor, the entire property redeemed by the latter, with like effect and in the same manner as if his lien attached to the whole.

$1461. The sheriff, the purchaser, the judgment creditor or a redeeming creditor, cannot, by his agreement or other act, in any manner impair or prejudice the right of any other person to redeem, as prescribed in this article.

§ 1462. The money required to be paid by a creditor, in order to effect a redemption of real property, as prescribed in this article, may be paid to the purchaser or creditor, from whom the property is to be redeemed, his executor, administrator or assignee; or it may be paid, for the use of the person so entitled thereto, to the sheriff who made the sale.

1463. The certificate of satisfaction, required to be executed by a creditor, in order to effect a redemption of real property, must be acknowledged or proved, and certified, in like manner as a deed to be recorded in the county; must describe, with reasonable certainty, the judgment or mortgage under which he redeems, and specify the sum due thereupon; and must state, that the redemption satisfies the judgment or mortgage, in full, or to a specified amount. It must be filed in the county clerk's office, at or before the time when the money is paid to effect the redemption, unless the

money is paid to the sheriff; in which case, the certificate must also be delivered, at the time of the payment, to the sheriff, who must file it in the county clerk's office, as prescribed in section one thousand four hundred and sixty-seven of this act.

The county clerk, immediately after the execution and recording of the deed, must enter in his docket, the satisfaction, or partial satisfaction, of a judgment specified in a certificate so filed, as required by law, when a judg. ment is collected, by virtue of an execution. If a mortgage, specified in the certificate, is recorded in his office, he must cancel and discharge the mortgage of record, if it is satisfied by the certificate; or, if it is only partially satisfied, he must make a minute of the partial satisfaction, upon the record thereof. If the property mortgaged is situated in a county, in which there is a register, the county clerk must transmit a certified copy of the certifi cate to the register, who must, in like manuer, cancel and discharge the mortgage of record, or make a minute of the partial satisfaction thereof. The clerk's and register's fees, for performing the services specified in this section, must be paid by the sheriff; who may require the person entitled to a deed to pay him the amount thereof, before the deed is delivered.

§ 1464. In order to entitle a creditor by judgment to redeem real property, as prescribed in this article, he must, when he redeems, file in the county clerk's office, or deliver to the sheriff, as the case requires, the following evidence of his right:

1. A copy of the docket of the judgment, under which he claims the right to redeem, duly certified by the county clerk.

2. Each assignment of the judgment, which is necessary to establish his right. An assignment so filed or delivered must be acknowledged or proved, and certified, in like manner as a deed to be recorded, or the execution thereof must be proved, by the affidavit of the creditor, or of a witness thereto; unless it has been filed, and entered, as prescribed in article third of title first of chapter eleventh of this act, in which case, a certified copy thereof must be filed or delivered.

3. An affidavit, made by him, or his attorney or agent, stating truly the sum remaining unpaid on the judgment, at the time of claiming the right to redeem.

1465. In order to entitle a creditor by mortgage to redeem real prop erty, as prescribed in this article, he must, when he redeems, file in the county clerk's office, or deliver to the sheriff, the following evidence of his right:

1. A copy of the mortgage, under which he claims the right to redeem, duly certified by the clerk or register of the county.

2. Each assignment of the mortgage, which is necessary to establish his right, acknowledged or proved, and certified, as prescribed in the last seetion for an assignment of a judgment, unless it has been recorded; in which case a certified copy of the record must be filed or delivered.

3. An affidavit, made by him, or by his attorney or agent, stating truly the sum remaining unpaid on the mortgage, at the time of claiming the right to redeem.

1466. In either of the cases specified in the last two sections, if the person, proposing to redeem, claims to be entitled so to do, by reason of his being an executor or administrator of a person, who, if living, would be entitled to redeem, he must file or deliver, with the other papers therein prescribed, a certified copy or a sworn copy of his letters testamentary, or letters of administration.

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