Page:United States Statutes at Large Volume 47 Part 1.djvu/997

 72d C ONGRESS. SESS. II. CH. 127 . FEBRUARY 27, 1933 . 973 SEC. 364. OFFICER MAY REFUSE SUC H PURCHASER'S SUBSEQUENT BID : Refusalof urebaser's When a purchas er refuses to pay K the officer 'ma y, in his discre tion, subsequent bid. thereafter rej ect any subsequen t bid of such per son. Liability of officer. SEC. 365. THESE TWO SECTIONS NOT TO MAKE OFF IC ER LIABLE BEYOND A CERTAIN AMOUNT .-Sections 363 and 364 must not be construed to make the officer liable for any more than the amount bid by the second or subsequent purchaser, and the amount collected fr om the purchaser refusing to pay. SEC. 366. PERS ONA L PR OPER TY C APA BLE OF MANUAL DELIVERY, HOW Delivery of personal DELIVERED TO PURCHASER.-When the purchaser of any personal prop- pLOpeity. er ty capable of manual delivery pays the purchase-money, the officer mallang the sale must deliv er to the purchas er the property, and, if desi red, ex ecut e and de live r to him a cert ific ate of the sale. Suc h certificate conveys to the purchaser all the right which the debtor had in such property on the day of1the execution or attachment was levi ed. SEC. 367 . PERSONAL PROPERTY NOT CA PAB LE OF MANU AL DE LIVE RY When not capab le of HOW SOLD AND DELIVERED .-When the purchaser of any personal pr op- manual delivery. er ty not capable of manual delivery pa ys the purchase-money, the officer making the sale must execute and deliver to the purchaser a cer tifi cate of sale. Such certificate conveys to the purchaser all the right which the debto r had in such p roperty on the day the execution or attachment was levied. SEC. 368. SALE OF REAL PROPERTY ; WHAT PURCHASER IS SUBSTITUTED Sa le of rea l p roperty. TO AND ACQUIRES .-Upon a sale of real property, the purchaser is su b- status of purchaser • stit uted to and acquires all the right, tit le, interest, and claim of the judgment debtor thereto on the d ate of the le vy of the execution thereon. And in case p roperty, real or personal, has be en attached in the action, the purchaser is substituted to and acquires all the right, title, interest, and claim of the judgment debtor on or at any time after the day the attachment was levied upon such property . SEC. 369. WHEN SALES ARE ABSO LUTE ; W HAT CERTIFICAT E MUST When sales absolute; sHow .-Sales of per sona l pr oper ty, and of real pro pert y, when the hoow l certificate must estate ther ein is less than a leasehold of two years' unexpir ed term, are absolut e. In all other cases the property is subject to redemp- tion, as provided in this subchapter. The offi cer must giv e to the purchaser a certificate of sale, and fi le a duplicate thereof for record in the office of the registrar of property, which certificate m ust state the dat e of the jud gme nt u nder whi ch the sale was ma de and the names of the par ties the ret o, and contain :. 1 . A particular description of the real property sold ; 2. The price bid for each distinct lot or parcel ; 3. The whole price paid ; 4 . If the property is subject to redemption, the certificate must to declare, and if the redemption can be effected only in a particular ki nd of money or currency, that fact mu st be stated . SEC. 370. REAL PROPERTY SO SOLD, BY WHOM IT MAY BE REDEEMED.- Redemption of real Property sold subject to redemption, as provided in section 369, of property so sold. any part sold separately, may be redeemed in the manner hereinafter provided, by the following persons, or the ir successors in interest 1 . The judgment debt or, or his succes sor in interest, in the whole, or any part of the property ; 2 . A creditor having a lien or mortgage on the property sold, or on some share or part thereo f, subsequent to that on which the property was sold . The persons mentioned in the second subdivision of this section are, in this subchapter, termed redemptioners. SEC. 371 . WHE N IT MAY BE REDEEMED, AND RE DEMP TION MO NEY .- When may be re- The judgment debtor, or redemptioner, may redeem the property mo ey' redemption from the purchaser any time within twelve months after the, sale on ' So in original.