Page:United States Statutes at Large Volume 47 Part 1.djvu/1004

 980 72d C ONGRESS. SESS. II. CH. 127. F EBRUA RY 27, 1933 . mortgage, lien, or encumbrance, wi th costs, the court may cause the same to be paid to the person entitled to it, and in the meantime may direc t it to be depos ited in court. - When debt secured -SEC. 397. PROCEEDINGS WHEN DEBT SECURED FALLS DUE AT Dirr'r .RE NT times . f due at different TIMES .-If the debt for which the mortgage, lien, or encumbrance is held is not all due, so soon as sufficient of the property has been sol d to pay the amount du e, wi th costs, the s ale m ust cease, and aft erw ar ds, as often as mo re be co mes d ue, for principal or interest, the court may, on motion, order more to be sold. But if the prop- ert y can not be so ld in portions, wi th out injury to the parties, the whole may be ordered to be sold in the first instance, and the entire deb t and costs pai d, there being a rebate of int er est where suc h rebate is proper. Commi sioner'soath, SEC. 398 . COMMISSIONERS OATH, BOND, REPORT AND COMPENSA- bond, report, and corn- 1 pensation. TION .-The commissioner, before entering up on his dut ie s, mu st be sworn to perform th em faithfully, and the court making the appoint- me nt shall require of him an undertaking, wi th sufficient sureties, to be approved by the court, in an amount to be fixed by the court, to the effect that he wi ll faithfully perform the duties of commis- sioner, according to law. Within thirty da ys after such sale, the commissioner must file with the clerk of the court in which the action is pending, a verified report and account of the sale, together with the proper affidavits, showing that the regular and required notice of the t ime and pl ace of the sa le was -given, which report and a ccoun t sha ll ha ve the sam e for ce and eff ect as the mars hal's retur n in sales unde r exe cutio n. In all cases of sales made by a commissioner, the court in which the proceedings are pending shall fix a reasonable compensation for the commissioner's services, but in no case to be le ss th an the sum of $10 . Actions for nuisance ACTIONS FOR NUISANCE AND WASTE and waste. Nuisance defined ; SEC . 399. NUISANCE DEFINED ; ABATEMENT OF; ACTIONS INSTITUTED, abatemen t, by who m actions instituted. BY WHOM .-An action may be brought by any person whose property is injuriously affected, or whose personal enjoyment is lessened by a nuis ance, as the sa me is defi ned in sec tion 1685 of the Civ il Co de and by the judgment in such action the nuisance may be enjoined or abated as well as damages recovered therefor. A civil action may be bro ught in the nam e of the G overn ment of the Can al Zo ne to abate a public nuisance, as the same is defined in, section 1686 of the Civil Cod e, by the district attorney. Actions for waste. SEC. 400 . WASTE, ACTIONS FOR .If a guardian, tenant for lif e or years , joi nt te nant, or t enant in c ommon of r eal p roper ty, c ommit was te thereon, any person aggrieved by the was te may bri ng an action against him therefor, in which action there may be judgment for trebl e dam ages. propnflit ingicestate .t o ACTIONS TO D ETERM INE C ONFLI CTING CLAI MS TO PROPERTY, AND OTHER PROVISIONS RELATING TO ACTIONS CON CE RNI NG RE AL ESTATE To quiet tit le. SEC. 401. ACTION TO QUIET IITLE TO REA L AND PERS ONAL PR OPERTY. - An ac tion may be bro ught by any per son a gains t ano ther who c laims an estate or interest in real or personal property adverse to him, for the p urpos e of deter minin g suc h adv erse claim ; provided, however, that w henev er in an a ction to q uiet title to, or to dete rmine adve rse Claim arising under cla ims to, re al or personal property, the validity or interpretation will. of any gift, dev is e, bequest, or trust, under any will or ins tr ume nt purporting to be a will, whether admitted to probate or not, shall be