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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 redemption has expired, the last redemptioner or his 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 take 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.
Payment may be made to the purchaser or redemptioner, or for him, to the officer who made the sale.
A redemptioner must produce to the officer or person from whom he seeks to redeem, and serve with his notice to the Sheriff:
1. 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 is docketed; or if he redeem upon a mortgage or other lien, a note of the record thereof certified by the Recorder.
2. A A copy of any assignment necessary to establish his claims, verified by the affidavit of himself or of a subscribing witness thereto.
3. An affidavit by himself or his agent, showing the amount then actually due on the lien.
Until the expiration of the time allowed for redemption, the Court may restrain the commission of waste on the property. The purchaser, from the time of the sale until a redemption, and a redemptioner, from the time of his redemption until another redemption, is entitled to receive from the tenant in possession the rents of the property sold, or the value of the use and occupation thereof. But when any rents or profits have been received by the judgment creditor or purchaser, or his or their assigns, from the property thus sold preceding such redemption, the amounts of such rents and profits shall be a credit upon the redemption money to be paid.
PROCEEDINGS SUPPLEMENTARY TO EXECUTION.
When an execution against property of the judgment debtor—or any one of the several debtors in the same judgment, issued to the Sheriff of the county where he resides, or if he do not reside in this State, 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, is entitled to an order from the Judge of the Court, 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 judgment debtor must be required to attend before a Judge or referee out of the county in which he resides.
After the issuing of an execution against property, and upon proof, by affidavit of 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 toward the satisfaction of the judgment, 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 judgment debtor toward the satisfaction of the judgment as are provided upon the return of an execution. Instead of the order requiring the attendance of the judgment debtor, the Judge may, upon affidavit of the judgment creditor, his agent or attorney, if it appears to him that there is danger of the debtor absconding, order the Sheriff to arrest the debtor and bring him before such Judge. Upon being brought before the Judge, he may be ordered to enter into an undertaking, with sufficient surety, that he will attend from time to time before the Judge or referee, as may be directed, during the pendency of proceedings and until the final termination thereof, and will not, in the meantime, dispose of any portion of his property, not exempt from execution. In default of entering into such undertaking he may be committed to prison.
After the issuing of an execution against property, and before its return, any person indebted to the judgment debtor may pay to the Sheriff the amount of his debt, or so much thereof as may be necessary to satisfy the execution ; and the Sheriff's receipt is a sufficient discharge for the amount so paid.
After the issuing or return of an execution against property of the judgment debtor, or of any one of several debtors in the same judgment, or upon proof, by affidavit or otherwise, to the satisfaction of the Judge, that any person or corporation has property of such judgment debtor, or is indebted to him in an amount exceeding fifty dollars, the Judge may, by an order, require such person or corporation, or any officer or member thereof, to appear at a specified time and place before him, or a referee appointed by him, and answer concerning the same
Witnesses may be required to appear and testify before the Judge or referee. The Judge or referee may order any property of a judgment debtor, not exempt from execution, in the hands of such debtor or any other person, or due to the judgment debtor, to be applied toward the satisfaction of the judgment.
If it appear that a person or corporation, alleged to have property of the judgment debtor, or to be indebted to him, claims an interest in the property adverse to him, or denies the debt, the Court or a Judge may authorize, by an order made to that effect, the judgment creditor to institute an action against such person or corporation for the recovery of such interest or debt; and the Court or Judge may, by order, forbid a transfer or other disposition of such interest or debt, until an action can be commenced and prosecuted to judgment. If
any person, party, or witness disobey an order of the referee, properly made, in proceedings before him, he may be punished by the Court or Judge ordering the reference, for a contempt.
The general rule is that judgment carries cost.
When, in an action for the recovery of money only, the defendant alleges in his answer that before the commencement of the action he tendered to the plaintiff the full amount to which he was entitled, and thereupon deposits in Court for the plaintiff the amount so tendered, and the allegation be found to be true, the plaintiff cannut recover costs, but must pay costs to the defendant.
When several actions are brought on one bond, undertaking, promissory note, bill of exchange, or other instrument in writing, or in any other case for the same cause of action, against several parties who might have been joined as defendants in the same action, no costs can be allowed to the plaintiff in more than one of such actions, which may be at his election, if the parties proceeded against in the other actions were, at the commencement of the previous action, openly within this State ; but the disbursements of the plaintiff must be allowed to him in each action.
Security for Costs. When the plaintiff in an action resides out of the State, or is a foreign corporation, security for the costs and charges, which may be awarded against such plaintiff, may be required by the defendant.
When required, all proceedings in the action must be stayed until an undertaking, executed by two or more persons, is filed with the Clerk, to the effect that they will pay such costs and charges as may be awarded against the plaintiff by judgment, or in the progress of the action, not exceeding the sum of three hundred dollars. A new or additional undertaking may be ordered by the Court or Judge, upon proof that the original undertaking is insufficient security, and proceedings in the action stayed until such new or additional undertaking is executed and filed. If such security is not given by the plaintiff within thirty days after notice that security is required, the Court or Judge may order the action dismissed.
APPEALS IN CIVIL ACTIONS.
Appeals in General.
Within what time appeals may be taken:
1. From a final judgment in an action or special proceeding commenced in the Court in which the same is rendered, within one year after the entry of judgment. But an exception to the decision or verdict, on the ground that it is not supported by the evidence, cannot be reviewed on an appeal from the judgment, unless the appeal is taken within sixty days after the rendition of the judgment.
2. From a judgment rendered on an appeal from an inferior Court, within ninety days after the entry of such judgment.