Page:United States Statutes at Large Volume 31.djvu/431

 FIFTY-SIXTH CONGRESS. Sess. I. Ch. 786. 1900. 379 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. ’l`he order shall specify the amount for which execution is to issue, or the particular property ossession of which is to be delivered; it shall be entered in the journalpand 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 pro- ofC<;¤;§fmg*2gt!;°f¤¤l¤ visions of this section shall apply to the subsequent proceedings. cee¤11¤g¤¢1ile:s¤ii.p!°` 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 replresentative, shall lile 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 hearin of the motion it shall satisfactorily appear that there were substantiaT irregularities in the proceedings concernin the sale, to the probableloss 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, andthe 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 atter 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 andp 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 determi- _ nation of the regularity of the p1‘OC€BdlDgS concerning such sale, as to all Epersons, in any other action, or proceeding whatever; ifth. 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 connrm the sale, ·provided such party file withthe 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. - ‘ SEo. 284. If the purchaser of real property sold on execution, or chYfs*;°uj§*,§g;§‘,§‘§a‘;}; his successor in interest, be evicted therefrom in consequence of the or eviction ct purreversal of the judgment, he may recover the price paid, with legal_°h”°r‘ interest and the costs and disbursements of the action by which he Wag evictgd, €rVom the plaintiiii ipdthe writ of execution. 1 mb u mm Ec. 2 5. hen ro ert ia e to an execution a inst severa "°“ “ ° °“g persons is sold thergbn? and, more than a due proportiofidf the judg- iii-itu judgment debt. ment is levied upon the property of one of them, or one of them pays