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SEC. 275. In the case of property in the possession of or owing from Procedure of any garnishee mentioned in section one hundred and forty-three the marshal in case of marshal shall proceed as follows:

First. If it appear from the certificate of the garnishee that he is owing a debt to the judgment debtor, which is then due, if such debt is not paid by such garnishee to the marshal on demand, he shall levy on the property of the garnishee for the amount thereof, in all respects as if the execution was against the property of the garnishee. But if such debt is not then due, the marshal shall sell the same according to the certificate, as other property;

Second. If in like manner it appear that the judgment debtor has rights or shares in the stock of the garnishee, as provided in section one hundred and forty-three, the marshal shall sell the same according to the certificate, as other property;

Third. If in like manner it appear that the garnishee has other personal property of the judgment debtor in his possession, and the same has not been bailed to such garnishee for a period then unexpired, unless the same be delivered to the marshal on demand he shall levy upon the same wherever he may find it. But if such property is in the possession of such garnishee upon a bailment then unexpired, the marshal shall sell the same, or the interest of the judgment debtor therein, according to the certificate, as other property.

execution.

ceed.

SEC. 276. When a marshal with an execution levies upon any of the When garnishee personal property mentioned in subdivision three of section one hun- gives marshal cerdred and forty, and if the same is not delivered, paid, or transferred tificate, how to proto him at the time, and the garnishee furnish him the certificate required in section one hundred and forty-three, he shall proceed thereafter in reference to such property as provided in section two hundred and seventy-four of this title. Such property may be delivered, paid, or transferred to the marshal at the time of levy, or sufficient thereof to satisfy the execution, and the marshal's receipt to the person, association, or corporation, as the case may be, shall be a sufficient discharge therefor.

When marshal

SEC. 277. When the marshal shall levy upon personal property by virtue of an execution, he may permit the judgment debtor to retain may leave personal the same, or any part thereof, in his possession until the day of sale, sion of judgment property in possesupon the defendant executing a written undertaking to the marshal debtor. with sufficient surety, in double the value of such property, to the effect that it shall be delivered to the marshal at the time and place of sale, and for nondelivery thereof an action may be maintained upon such undertaking by the marshal or the plaintiff in the execution; but the marshal shall not thereby be discharged from his liability to the plaintiff for such property.

SEC. 278. Before the sale of property on execution, notice thereof shall be given, as follows:

First. In case of personal property, by posting a written or printed notice of the time and place of sale in three public places within five miles of the place where the sale is to take place, not less than ten days prior to the day of sale; one of said notices shall be posted on the door of the post-office nearest to the place where the sale is to take place;

Second. In case of real property, by posting a similar notice, particularly describing the property, for four weeks prior to the day of sale, in three public places as provided in the first subdivision of this section and publishing a copy thereof once a week, for the same period, in a newspaper published nearest to the place of sale.

Notice of sale on execution, how given.

SEC. 279. All sales of property upon execution shall be made by, Sales, where and auction, between nine o'clock in the morning and four o'clock in the how made. afternoon. After sufficient property has been sold to satisfy the exe

When marshal

cution, no more shall be sold. Neither the officer holding the execution nor his deputy shall become a purchaser or be interested in any purchase at such sale. When the sale is of personal property capable of manual delivery, and not in the possession of a third person, association, or corporation, it shall be within view of those who attend the sale, and be sold in such parcels as are likely to bring the highest price, and when the sale is of real property, and consists of several known lots or parcels, they shall be sold separately or otherwise, as is likely to bring the highest price, or when a portion of such real property is claimed by a third person and he requires it to be sold separately, such portion of it shall be sold separately.

SEC. 280. If, at the time appointed for the sale, the marshal should may adjourn sale. be prevented from attending at the place appointed, or, being present, should deem it for the advantage of all concerned to postpone the sale for want of purchasers, or other sufficient cause, he may postpone the sale not exceeding one week next after the day appointed, and so from time to time for the like cause, giving notice of every adjournment by public proclamation made at the same time. The marshal for like causes may also adjourn the sale from time to time, not exceeding thirty days beyond the day at which the writ is made returnable, with the consent of the plaintiff indorsed upon the writ.

Bill of sale and

property.

SEC. 281. When the purchaser of any personal property capable of delivery by mar- manual delivery and not in the possession of a third person, associashal of personal tion, or corporation, shall pay the purchase money, the marshal shall deliver to him the property, and if desired shall give him a bill of sale containing an acknowledgment of the payment. In all other sales of personal property the marshal shall give the purchaser a bill of sale with the like acknowledgment.

When execution

court and how leave obtained.

SEC. 282. Whenever, after the entry of judgment, a period of five not to issue except years shall elapse without an execution being issued on such judgment, by leave of the thereafter an execution shall not issue except as in this section provided: First. The party in whose favor a judgment is given shall file a motion with the clerk of the court where the judgment is entered for leave to issue an execution. The motion shall state the names of the parties to the judgment, the date of its entry, and the amount claimed to be due thereon, or the particular property of which the possession was thereby adjudged to such party remaining undelivered. The motion shall be subscribed and verified in like manner as a complaint in action;

Second. At any time after filing such motion the party may cause a summons to be served on the judgment debtor in like manner and with like effect as in an action. In case such judgment debtor be dead, the summons may be served upon his representative by publication as in the case of a nonresident, or by actual service of the summons;

Third. The summons shall be substantially the same as in an action, but instead of a notice therein required it shall state the amount claimed or the property sought to be recovered, in the manner prescribed in subdivision one of this section;

Fourth. The judgment debtor, or, in case of his death, his representatives, may file an answer to such motion within the time allowed to answer a complaint in an action, alleging any defense to such motion which may exist. If no answer be filed within the time prescribed, the motion shall be allowed of course. The moving party may demur or reply to the answer. The party opposed to the motion may demur to the same or to the reply. The pleading shall be subscribed and verified and the proceedings conducted as in an action;

Fifth. The word "representatives" in this section shall be deemed to include any or all of the persons mentioned in subdivision two of section two hundred and sixty-seven in whose possession property of

the judgment debtors may be which is liable to be taken and sold or delivered in satisfaction of the execution and not otherwise;

Sixth. The order shall specify the amount for which execution is to issue, or the particular property possession of which is to be delivered; it shall be entered in the journal and docketed as a judgment, and a roll thereafter prepared and filed, or a final record made of the proceedings, as the case may be, in the same manner as a judgment.

SEC. 283. Whenever real property is sold on execution the provisions of this section shall apply to the subsequent proceedings. First. The plaintiff in the writ of execution shall be entitled, on motion therefor, to have an order confirming the sale at the term next following the return of the execution, or if it be returned in term time, then at such term, unless the judgment debtor, or, in case of his death, his representative, shall file with the clerk ten days before such term, or if the writ be returned in term time, then five days after the return thereof, his objections thereto;

Second. If such objections be filed, the court shall, notwithstanding, allow the order confirming the sale, unless on the hearing of the motion it shall satisfactorily appear that there were substantial irregularities in the proceedings concerning the sale, to the probable loss or injury of the party objecting. In the latter case, the court shall disallow the motion and direct that the property be resold, in whole or in part, as the case may be, as upon an execution received of that date:

Third. Upon the return of the execution the marshal shall pay the proceeds of the sale to the clerk, who shall then apply the same, or so much thereof as may be necessary, in satisfaction of the judgment. If an order of resale be afterwards made, and the property sell for a greater amount to any person other than the former purchaser, the clerk shall first repay to such purchaser the amount of his bid out of the proceeds of the latter sale;

Fourth. Upon a resale the bid of the purchaser at the former sale shall be deemed to be renewed and continue in force, and no bid shall be taken except for a greater amount. If the motion to confirm be not heard and decided at the term at which it is made, it may be continued and heard and determined before the judge, or at any term thereafter. An order confirming a sale shall be a conclusive determination of the regularity of the proceedings concerning such sale, as to all persons, in any other action, or proceeding whatever;

Fifth. If, after the satisfaction of the judgment, there be any proceeds of the sale remaining, the clerk shall pay such proceeds to the judgment debtor, or his representative, as the case may be, at any time before the order is made, upon the motion to confirm the sale, provided such party file with the clerk a waiver of all objections made or to be made to the proceedings concerning the sale; but if the sale be confirmed, such proceeds shall be paid to such party of course, otherwise they shall remain in the custody of the clerk until the sale of the property has been disposed of.

Confirmation of sale of real estate; proceedings there

on.

SEC. 284. If the purchaser of real property sold on execution, or Who liable for his successor in interest, be evicted therefrom in consequence of the purchase money in reversal of the judgment, he may recover the price paid, with legal case of eviction of purchaser. interest and the costs and disbursements of the action by which he was evicted, from the plaintiff in the writ of execution.

Contribution

SEC. 285. When property liable to an execution against several persons is sold thereon, and more than a due proportion of the judgment among joint judgis levied upon the property of one of them, or one of them pays without ment debtors. a sale more than his proportion, he may compel contributions from the others; and when a judgment is against several, and is upon an obligation or contract of one of them as security for another, and the surety pays the amount, or any part thereof, either by sale of his property

Sale of real property, when abso

lute and when subject to redemption.

Who may redeem.

When lien cred

itor may redeem from purchaser.

When lien cred

itor may redeem from redemption

er.

When judgment debtor may

deem.

or before sale, he may compel repayment from the principal. In such
cases the person so paying or contributing shall be entitled to the ben-
efit of the judgment to enforce contribution or repayment, if within
thirty days after his payment he file with the clerk of the court where
the judgment was rendered notice of his payment and claim to contri-
bution or repayment; upon filing such notice the clerk shall make an
entry thereof in the margin of the docket where the judgment is entered.
SEC. 286. Upon a sale of real property, when the estate is less than
a leasehold of two years' unexpired term, the sale shall be absolute.
In all other cases such property shall be subject to redemption, as
hereinafter provided in this chapter. At the time of sale the marshal
shall give to the purchaser a certificate of the sale containing-
First. A particular description of the property sold;
Second. The price bid for each distinct lot or parcel;
Third. The whole price paid;

Fourth. When subject to redemption, it shall be so stated. The matters contained in such certificate shall be substantially stated in the marshal's return of his proceedings upon the writ.

SEC. 287. Property sold subject to redemption, as provided in the last section, or any part thereof separately sold, may be redeemed by the following persons, or their successors in interest:

First. The judgment debtor, or his successor in interest, in the whole or any part of the property separately sold;

Second. A creditor having a lien by judgment, or mortgage, on any portion of the property, or any portion of any part thereof, separately sold, subsequent in time to that on which the property was sold.

The persons mentioned in subdivision two of this section, after having redeemed the property, are to be termed redemptioners.

SEC. 288. A lien creditor may redeem the property within sixty days from the date of the order confirming the sale, by paying the amount of the purchase money, with interest at the rate of eight per centum per annum thereon from the time of sale, together with the amount of any taxes which the purchaser may have paid thereon, and if the purchaser be also a creditor having a lien prior to that of the redemptioner, the amount of such lien with interest.

SEC. 289. If the property be so redeemed, any other lien creditor may, within sixty days from the last redemption, again redeem it, on paying the sum paid on the last redemption, with interest at the rate of eight per centum per annum thereon from the date of the last preceding redemption in addition, together with any taxes which the last redemptioner may have paid thereon, and, unless his lien be prior to that of such redemptioner, the amount of such lien, with interest. The property may be again, and as often as any lien creditor or redemptioner is disposed, redeemed from the last previous redemptioner, within sixty days from the date of the last redemption, on paying the sum paid on the last previous redemption, with interest at the rate of eight per centum per annum thereon from the date of such previous redemption, together with the amount of any taxes paid thereon by such last redemptioner, and the amount of any liens held by such last redemptioner, prior to his own, with interest.

SEC. 290. The judgment debtor, or his successor in interest, may re- redeem the property at any time prior to the confirmation of sale, on paying the amount of the purchase money, with interest at the rate of eight per centum per annum thereon from the date of sale, together with the amount of any taxes which the purchaser may have paid thereon after the purchase. But if the judgment debtor do not redeem until after the confirmation of the sale, thereafter he shall redeem within twelve months from such order of confirmation and not otherwise.

entitled to con

SEC. 291. If redemption be not made as prescribed in this Act, or Purchaser or rewhen redemption is made and a period of sixty days shall have elapsed demptioner, when without any other redemption, the purchaser or the redemptioner, as veyance. the case may be, shall be entitled to a conveyance from the marshal. If the judgment debtor redeem at any time before the time for redemption expires, the effect of the sale shall terminate and he shall be restored to his estate.

SEC. 292. The mode of redeeming shall be as provided in this section.

The person seeking to redeem may redeem by paying to the marshal the sum required. The marshal shall give the person redeeming a certificate, as in case of sale or execution, adding therein the sum paid on redemption, from whom redeemed, and the date thereof and shall at once give notice of such redemption to the party from whom redeemed. A party seeking to redeem shall submit to the marshal the evidence of his right thereto, as follows:

Mode of pro

ceeding to redeem.

First. If he be a lien creditor, a copy of the document of the judg--submission to ment under which he claims the right to redeem, certified by the clerk marshal of evidence of right. of the court where such judgment is docketed, or if he seek to redeem upon a mortgage, the certificate of the record thereof;

Second. A copy of any assignment necessary to establish his claim, verified by the affidavit of himself or agent; an affidavit by himself or agent showing the amount then actually due on the judgment or mortgage:

Third. If the redemptioner or purchaser have a lien prior to that of the lien creditor seeking to redeem, such redemptioner or purchaser shall submit to the marshal the like evidence thereof and of the amount due thereon, or the same may be disregarded.

When two or more persons apply to the marshal to redeem at the same time, he shall allow the person having the prior lien to redeem first, and so on. The marshal shall immediately pay the money over to the person from whom the property is redeemed, if he attend at the redemption, or if not, at any time thereafter when demanded. Where a marshal shall wrongfully refuse to allow any person to redeem, his right thereto shall not be prejudiced thereby, and upon the submission of the evidence and the tender of the money to the marshal as herein provided, he may be required by order of the court or judge thereof to allow such redemption.

SEC. 293. Until the expiration of the time allowed for redemption, the court or judge thereof may restrain the commission of waste on the property by order granted with or without notice, on the application of the purchaser or judgment creditor; but it shall not be deemed waste for the person in possession of the property at the time of sale or entitled to possession afterwards during the period allowed for. redemption to continue to use it in the same manner in which it was previously used, or to use it in the ordinary course of husbandry, or to make the necessary repairs to buildings thereon, or to use wood or timber. on the property therefor, or for the repair of fences, or for fuel in his family while he occupies the property.

SEC. 294. The purchaser from the day of sale until a resale or a redemption, and a redemptioner from the day of his redemption until another redemption, shall be entitled to the possession of the property purchased or redeemed, unless the same be in the possession of a tenant holding under an unexpired lease, and in such case shall be entitled to receive from such tenant the rents or the value of the use and occupation thereof during the same period.

Court may restrain waste prior to conveyance.

Who entitled to

possession from veyance.

time of sale to con

Order to exam

SEC. 295. After the issuing of an execution against property, and upon proof by the affidavit of the plaintiff in the writ, or otherwise, in judgment to the satisfaction of the court or judge thereof that the judgment

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