Parties.

Bureties.

instructed to do it by the plaintiff, his agent or attorney of record. In all cases of a motion to amerce, a sheriff or other officer of any county, other than the one from which the execution issued, notice in writing shall be given to such officer, as herein before required, by leaving it with him, or at his office, at least fifteen days before the first day of the term at which such motion shall be made, or by transmitting the notice by mail, at least sixty days prior to the first day of the term at which such motion shall be made. All amercements so procured, shall be entered on the record of the court, and shall have the same force and effect as a judgment.

SEC. 510. Each and every surety of any sheriff or other officer, may be made a party to the judgment rendered as aforesaid, against the sheriff or other officer, by action, to be commenced and prosecuted as in other cases. But the goods and chattels, lands and tenements of any such surety shall not be liable to be taken on execution, when sufficient goods and chattels, lands and tenements of the sheriff or other officer against whom the execution may be issued, can be found to satisfy the same. Nothing herein contained shall prevent either party from proceeding against such sheriff or other officer, by attachment, at his election.

SEC. 511. In cases where a sheriff or other officer may Permission to be amerced, and shall not have collected the amount of the original judgment, he shall be permitted to sue out an execution, and collect the amount of said judgment in the name of the original plaintiff, for his own use.

Contribution.

SEC. 512. When property, liable to an execution against several persons, is sold thereon, and more than due proportion of the judgment is laid of the judgment is laid upon the property of one of them, or one 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 of one of them, as security for another, and the security pays the amount, or any part thereof, either by sale of his property, or beforo sale, he may compel repayment from the principal; in such case, the person so paying

or contributing, is entitled to the benefit of the judgment, to enforce contribution or repayment, if within ten days after his payment, he file, with the clerk of the court where the judgment was rendered, notice of his payment and claim to contribution or repayment. Upon a filing of such notice, the clerk shall make an entry thereof in the margin of the docket.

SEC. 513. Executions may be issued thereon, to the sheriff, by the clerk of the court, in the same manner as if the judgment had been taken in court; and the sheriff shall execute and return the same, as other executions; and in case of sale of real estate, his proceedings shall be examined and approved by the court as in other cases.

ARTICLE II

Redemption of Real Estate.

SEC. 514. Whenever any lands or tenements shall be sold, by virtue of any execution, it shall be the duty of the sheriff or other officer, instead of executing a deed of the premises sold, to give to the purchaser or purchasers of said lands or tenements, a certificate in writing, describing the lands or tenements purchased, and the sum paid therefor, or if purchased by the plaintiff in the execution, the amount of his bid, and the time when the purchaser will be entitled to a deed for such lands or tenements, unless the same shall be redeemed, as is provided in this article, and such sheriff or other officer, shall, within ten days from such sale, file in the office of the recorder of the county, a duplicate of such cirtificate signed by him, and such certificate or a certified copy thereof, shall be taken and deemed evidence of the facts therein contained.

Execution

Certificate.

SEC. 515. It shall be lawful for any defendant, his Redemption. heirs, executors, administrators or grantees, whose lands or tenements shall be sold by virtue of any execution within six months from such sale, to redeem such lands or tenements, by paying to the purchaser thereof, his executors, administrators or assigns, or the sheriff or other officer who

Judgment creditor.

Excess, how applied.

sold the same, for the benefit of such purchaser, the sum of money which may have been paid on the purchase thereof, or the amount given or bid, if purchased by the plaintiff in the execution, together with the interest thereon at the rate of twenty per cent. per annum from the time of such sale; and on such sum being paid as aforesaid, the said sale and the certificate thereupon granted shall be null and void.

SEC. 516. After the expiration of six months, and at any time before the expiration of nine months from the sale of any lands or tenements under the provisions of preceding sections hereof, it shall be lawful for any judgment creditor to redeem the same in the manner following: Such judgment creditor shall sue out an execution upon his judgment and place the same in the hands of the proper officer to execute the same; and thereupon the said officer shall indorse upon the back of said execution a levy upon the land or tenements which said judgment creditor may wish to redeem; and said judgment creditor shall pay to said officer in whose hands he shall have placed his execution as aforesaid, the amount of money for which said premises shall have been sold, with twenty per cent. per annum interest thereon from the date of such sale for the use of the purchaser thereof, his executors, administrators or assigns, upon payment of which, said officer shall file in the recorder's office of the county in which said lands are situated, a certificate of the redemption thereof by said judgment creditor under such execution, and shall advertise and offer the same for sale under and by virtue of said execution, in the same manner as lauds are required to be advertised and exposed to sale on execution in other cases.

SEC. 517. Any judgment creditor having so redeemed such lands, shall be considered as having bil at such sale the amount of said redemption money so paid by him, and interest thereon from the date of such redemption to the day of sale; and if no bid greater than said amount shall be [offered, the lands shall be struck off and sold to such creditors, and no other redemption shall be] allowed; but if another and higher bid shall be made therefor, and the said

lands sold for more than the amount of said redemption

money and interest, as last aforesaid, the excess over and above the amount of the same shall be applied as a credit on the execution under which the redemption shall have been made, and a certificate of purchase shall be executed to the new purchaser in the manner hereinbefore prescribed for a deed of said land so sold, within sixty days from the date of such sale, unless the same shall be redeemed in the meantime in the manner herein prescribed by some other judgment creditor; and if such lands shall be redeemed from said purchaser, the same shall be done in the same manner and upon the same terms, and the officer shall proceed in the same mode to offer the said lands for sale as herein before required in the case of the first redemption; and such lands may be successively redeemed within any period of sixty days, as long as there shall be a judgment creditor disposed to redeem the same on the terms and in the manner aforesaid; and after the lapse of any period of sixty days without redemption, it shall be the duty of the officer who last sold such lands on the execution under which the same shall have been last redeemed, or his successor in office, to execute a deed for the lands so sold, to the last purchaser, in like manner as other deeds for lands sold on execution are made.

SEC. 518. Any judgment creditor or creditors may redeem the whole or any part or portion of the lands or tenements previously sold upon execution; Provided, Such redemption shall be made in like distinct quantities or parcels. in which the same were sold.

SEC. 519. No commission npon the amount of the re demption money paid in any case shall be allowed to the officer receiving the same, but the usual commission shall be allowed the officer selling said premises on the excess made over and above the amount of said redemption money and interest. The duplicate copy of the certificate of purchase required in the five hundred and fourteenth section hereof, shall be filed in the office of the register of deeds of the county in which the said lands so sold under execution are situated.

Provino.

Commission.

Assignments.

Evidence

Redemption by mortgagor.

Duty of recorfor.

SEC. 520. Any certificate which shall be given by any officer to any purchaser under the provisions of this article, shall be assignable, by indorsement thereon, under the hand of such purchaser or purchasers, his, her or their heirs, executors, adminstrators or assigns; and any person to whom the same shall be sold or assigned, shall be entitled to the same benefits therefrom, in every respect, that the person therein named would have been if the same had not been assigned; and in case the lands mentioned in such certificate shall not be redeemed, in pursuance of law, shall be entitled to a deed thereof.

SEC. 521. Any deed so executed shall be evidence that the provisions of the law in relation to the sale of lands upon execution were complied with, until the contrary shall be shown, and such deed shall be considered as couveying to the grantee therein named, all the title, estate and interest of the defendant or defendants in the execution therein named, in and to the lands thereby conveyed, of whatsoever nature the same may be, but which shall not be construed to contain any covenant upon the part of the officer executing the same.

SEC. 522. In all cases where lands shall be sold under and by virtue of any decree of the court of equity, for the sale of mortgaged lands, it shall be lawful for the mortgagor of such lands, his heirs, executors or administrators to redeem the same in the manner prescribed by this article, for the redemption of lands sold by virtue of executions issued upon judgments at common law; and the judgment creditors may redeem lands sold under any such decree, in the same manner as is prescribed for the redemption of lands in like manner sold upon executions issued upon judgments at common law.

SEC. 523. It shall be the duty of the recorder of the proper county to file and record the certificates mentioned in the foregoing sections in a book to be kept for that purpose, for which he shall be entitled to the same fees as for recording other papers, to be paid by the plaintiff in such execution, and be taxed and collected by the sheriff as other costs.