SEC. 330. Property sold subject to redemption, as provided in the last section, or any part separately, may be redeemed in the manner hereinafter provided, by the following persons, or their successors in interest:

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

Second. A creditor, having a lien by judgment or mortgage on the property sold, or on some share or part thereof, subsequent to that on which the property was sold.

The persons mentioned in the second sub-division of this section are in this chapter termed redemptioners.... SEC. 331. The judgment debtor, or redemptioner, may redeem the property from the purchaser any time within six months after the sale, on paying the purchaser the amount of his purchase, with two per cent a month thereon in addition up to the time of redemption, together with the amount of any assessment or taxes which the purchaser may have paid thereon after purchase, and, interest on such amount, and if the purchaser be also a ereditor, having a prior lien to that of the redemptioner, other than the judgment under which such purchase was made, the amount of such lien, with interest.

3

SEC. 332. If property be so redeemed by a redemptioner, another redemptioner may, within sixty days after the last redemption, again redeem it from the last redemptioner, on paying the sum paid on such last redemption, with four per cent thereon in addition, and, the amount of any assessment or taxes which the last redemptioner may have paid thereon after the redemption by him, with interest on such amount, and in addition to the amount of any liens held by said last redemp-, tion prior to his own, with interest; but, the judgment. under which the property was sold need not be so paid as a hen.

The property may be again, and as often as a redemptioner is so disposed, redeemed from any previous redemptioner, within sixty days after the last redemption,

Sheriff's

on paying the sum paid on the last previous redemption, with four per cent thereon in addition, and the amount of any assessments or taxes which the last previous redemptioner paid after the redemption by him, with interest thereon, and the amount of any liens, other than the judgment under which the property was sold, held by the last redemptioner previous to his own, with interest.

Written notice of redemption must be given to the sheriff, and a duplicate filed with the recorder of the county; and if any taxes or assessments are paid by the redemptioner, or if he has or acquires any lien other than that upon which the redemption was made, notice thereof must in like manner be given to the sheriff and filed with the recorder; and if such notice be not filed, the property may be redeemed without paying such tax, assessment, or lien. If no redemption be made within six months after the sale the purchaser or his assignee is entitled to a conveyance; or, if so redeemed, whenever sixty days have elapsed and no other redemption has been made, and notice thereof given, and the time for deed. redemption has expired, the last redemptioner or assignee is entitled to a sheriff's deed; but in all cases the judgment debtor shall have the entire period of six months from the date of the sale to redeem the property. If the judgment debtor redeem he must make the same payments as are required to effect a redemption by a redemptioner. If the debtor redeem, the effect of the sale is terminated, and he is restored to his estate. Upon a redemption by the debtor, the person to whom the payment is made must execute and deliver to him a certificate of redemption, acknowledged or proved before an officer authorized to take acknowledgments of conveyances of real property. Such certificate must be filed and recorded in the office of the recorder of the county in which the property is situated, and the recorder must note the record thereof in the margin of the record of the certificate of such sale.

SEC. 333. The payments mentioned in the last two sections may be made to the purchaser or redemptioner, as the case may be, or for him, to the officer who made the sale, or, in case his term of office has expired, then to his successor in office; and in all cases when, under the provisions of this act, a purchaser of property at execution sale shall be entitled to a conveyance of the same, such conveyance shall be executed to him by the officer who made the sale, if he still be in office, but in case the officer who made the sale be not in such office at the time the purchaser may be entitled to such conveyance, then the conveyance shall be executed by his successor in office.

SEC. 334. A redemptioner shall produce to the officer or person from whom he seeks to redeem, and serve with his notice to the sheriff:

Payments, to

whom made two sections.

under last

First. A copy of the docket of the judgment under which he claims the right to redeem, certified by the clerk of the court or of the county where the judgment Procedure for is docketed; or, if he redeem upon a mortgage or other lien, a note of the record thereof certified by the recorder.

Second. A copy of any assignment necessary to establish his claim, verified by the affidavit of himself, or of a subscribing witness thereto; and,

Third. An affidavit by himself or his agent, showing the amount then actually due on the lien.

SEC. 335. Until the expiration of the time allowed for redemption, the court may restrain the commission of waste on the property, by order granted, with or without notice, on the application of the purchaser or the 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 of buildings thereon; or to use wood or timber on the property therefor, or for the repair of

redemption.

court may until redemp

restrain waste

tion.

Recovery of

price paid in

case purcha

ser be evicted

Revival of

fences, or for fuel for his family while he occupies the property.

SEC. 336. If the purchaser of real property sold on execution, or his successor in interest, be evicted therefrom, in consequence of irregularities in the proceedings' concerning the sale, or of the reversal or discharge of the judgment, he may recover the price paid, with interest, from the judgment creditor. If the purchaser of property at sheriff's sale, or his successor in interest, fail to recover possession, in consequence of irregularity in the proceedings concerning the sale, or because the property sold was not subject to execution and sale, the court having jurisdiction thereof shall, on petition of such party in interest, or his attorney, revive the original judgment for the amount paid by such purchaser at the sale, with interest thereon from the time of payment at the same original judg rate that the original judgment bore; and, when so revived, the said judgment shall have the same effect as an original judgment of the said court of that date, and bearing interest as aforesaid; and any other or after acquired property, rents, issues, or profits of the said debtor shall be liable to levy and sale under execution, in satisfaction of such debt: Provided, That no property of such debtor, sold bona fide before the filing of such Notice to re- petition, shall be subject to lien of said judgment: And provided, further, That notice of the filing of such petition shall be made by filing a notice thereof in the recorder's office of the county where such property may be situated, and that said judgment shall be revived in the name of the original plaintiff or plaintiffs, for the use of said petitioner, the party in interest.

ment.

vive judg

ment.

SEC. 337. When property liable to an execution against several persons is sold thereon, and more than a due proportion of the judgment is satisfied out of the proceeds of the sale of property of one of them, or one judgment of them pays, without a sale, more than his proportion,' he may compel contribution from the others; and when a judgment is against several, and is upon an obligation

Contribution between

debtors.

of one of them, as security for another, and the surety pays the amount, or any part thereof, either by sale of his property or before sale, he may compel re-payment from the principal. In such case the person so paying or contributing is entitled to the benefit of the judgment to enforce contribution or re-payment, if, within ten days after his payment, he file with the clerk of the court claim to conwhere judgment was rendered, notice of his payment and claim to contribution or re-payment. Upon a filing of such notice, the clerk must make an entry thereof in the margin of the docket.

CHAPTER II.— Proceedings Supplementary to Execution..

SEC. 338. When an execution against property of the judgment debtor, or any of several debtors in the same judgment, issued to the sheriff of the county where he resides, or, if he does not reside in this territory, to the sheriff of the county where the judgment roll is filed, is returned unsatisfied, in whole or in part, the judgment creditor, at any time after such return is made, shall be entitled to an order from the judge of the court, or probate judge, requiring such judgment debtor to appear and answer concerning his property, before such judge, or a referee appointed by him, at a time and place. specified in the order; but no judgment debtor shall be required to attend before a judge, or referee, out of the county in which he resides, when proceedings are taken under the provisions of this chapter.

Notice for

tribution.

If execution satisfied judg

returned un

ment debtor may be made

wer as

to his proper

ty.

Procedure to

SEC. 339. After issuing an execution against property, and upon proof by affidavit by a party or otherwise, to the satisfaction of the court, or a judge thereof, that any judgment debtor has property which he unjustly refuses to apply towards the satisfaction of the judgment, compel judg such court or judge may, by an order, require the judgment debtor to appear, at a specified time and place, before such judge or referee appointed by him, to answer concerning the same; and such proceedings may thereupon be had for the application of the property of the

ment creditor to answer.