Page:United States Statutes at Large Volume 31.djvu/433

 FIFTY·SIXTH CONGRESS. Sess. I. Ch. 786. 1900. 381 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 otherwiscgf d b d b d h A t P h Sec. 291. t re emption e not ma e as prescribe in t is c, or MP MM 0* mj when redemption is made and a pleriod of sixty da s shall have elapsed iiiiiigurgngghiggfigigé. without any other redemption, the purchaser or tlie redemptioner, as the case may be, shall be entitled to a conveyance from the marshal. lf the judgment debtor redeem at any time before the time for redemption expires, the effect of the sale shal terminate and he shall be restored to his estate. A Sec. 292. The mode of redeeming shall be as provided in this sec- mlfgggeg P¤><=¤¤di¤S tion. ` The person seekin to redeem may redeem b paying to the marshal the sum requirecg The marshal shall give the person redeeming a certificate, as in case of sale on 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: First. If he be a lien creditor, a copy of the docket of the jud - ment under which he claims the right to redeem, certified by the clegr 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, verined by the afHdavit of himself or agent; an affidavit by himself or agent showing the amount then actually due on the judgment or mortgage;· Thir. If the redemptioner or purchaser have alien 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. a* When two or more persons apply to the marshal to redeem at the same time, he shall allow the erson having the prior lien to redeem first, and so on. The marshalpshall immediately pay the money over to the erson from whom the property is redeemed, if he attend at the red)emption, or if not, at an time thereafter when demanded. Where a marshal shall wrongfully refuse to allow any person to redeem, his right thereto shal 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 gudge thereof to allow such redemption. _ · Ec. 293. Until the expiration of the time allowed for redemption, Qggw ;¤¤t{) r¢¤¤¤i¤ the court or judge thereof may restrain the commission of waste on lifes. pmr °°°v°y` the property by order granted with or without notice, on the a plica— i tion 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 re airs to buildin s thereon, or to use wood or timber on the property tfferefor, or for the repair of fences, or for fuel in his family while he occupies the property. . Sec. 294. The purchaser from the ay of sale until a resale or a Ses‘§g§’fggiI§l1°dtiL’§°g; redemption, and a redem tioner from the day of his redemption until sale wconveyauce. another redemption, shallobe 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.