is situated, the amount required by law for such redemption, and shall produce to such person or officer:

First. A certified copy of the docket of the judgment, or deed of conveyance or mortgage, or of the record or files evidencing any other lien, under which he claims the right to redeem, certified by the officer in whose custody such docket, record, file or files shall be;

21 M. 132.

Second. Any assignment necessary to establish his claim, verified by the affidavit of himself, or of a subscribing witness thereto, or of some person acquainted with the signature of the assignor;

Third. An affidavit of himself or his agent, showing the amount then actually due on his lien.

7 M. 347 (432(; 21 M. 132.

§ 326. (SEC. 294.) Certificate of redemption, its contents. The person or officer from whom such redemption is made, shall make, and deliver to the person redeeming, a certificate under his hand and seal, containing:

First. The name of the person redeeming, and the amount paid by him on such redemption;

Second. A description of the sale from which such redemption is made, and of the property redeemed;

Third. Stating upon what claim such redemption is made, and if upon a lien, the amount claimed to be due thereon at the date of redemption.

Such certificate shall be executed, and proved or acknowledged, and recorded, as provided by law for conveyance of real estate; and if not so recorded within ten days after such redemption, such redemption and certificate is void, as against any person in good faith making redemption from the same person or lien. If such redemption is made by the owner of the property sold, or his heirs or assigns, such redemption annuls such sale; if by a creditor holding a lien on the property, or some part thereof, said certificate, so executed, and proved or acknowledged, and recorded, operates as an assignment to him of the right acquired under such sale, subject to such right of any other person to redeem as is or may be provided by law.

§ 327. (SEC. 295.) Interest of purchaser subject to attachment or judgment. The interest acquired upon any sale is subject to the lien of any attachment or judgment duly made or docketed against the person holding the same, as in case of real property; and may be attached or sold upon execution, in the same

manner.

$328. (SEC. 296.) Waste may be restrained—waste defined. Until the expiration of the time allowed for redemption, the court may restrain the commission of waste on the property, by order granted with or without notice, on application of the purchaser or judgment creditor; but it is not waste for the person in possession of the property at the time of sale, or entitled to possession afterward, 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 repairs of buildings thereon, or to use wood or timber on the property therefor, or for the repairs of fences, or for fuel in his family, while he occupies the property.

§ 329. (SEC. 297.) Proceedings where sale is irregular, or judgment reversed. If the purchaser of real property sold on execution, or his successor in interest, is evicted therefrom in consequence of irregularity in the proceedings concerning the sale, or of the reversal or the discharge of the judgment, he may recover the price paid, with interest, from the judgment creditor; such judgment creditor, if the recovery was in consequence of the irregularity, shall thereupon be entitled to a new execution on the judgment, at any time within ten years after such eviction, for the price paid on the sale, with interest; and for that purpose the judgment shall be deemed valid against the judgment

debtor, his personal representatives, heirs or devisees; but not against a purchaser in good faith as an incumbrancer where title or incumbrance has accrued before a levy on such new execution. (As amended 1868, c. 82, § 1.)

§ 330. (SEC. 298.) Joint debtors and sureties-contribution and subrogation. When property liable to an execution against several persons is sold thereon, and more than a due proportion of the judgment is levied upon the property of one of them, or one of them pays, without a sale, more than his proportion, he may compel contributions 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 surety pays the amount, or any part thereof, either by sale of his property, or before sale, he may compel repayment from the principal. In such cases, 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 files with the clerk of the court where the judgment was rendered, notice of his payment, and claim to contribution or repayment; upon filing such notice, the clerk shall make an entry thereof in the margin of the docket.

STAY OF EXECUTION.*

*§ 331. For how long-bond to be filed. Execution upon any judgment, rendered for the recovery of money only, in any district court of this state, may be stayed for the period of six months: provided, that, in order to obtain such stay, the party applying therefor shall, within ten days after judgment is rendered and docketed, file a bond, with two or more responsible freeholders of this state as sureties, with the clerk of the court in which said judgment was rendered, in double the amount of the judgment and costs, which bond shall first be approved by the judge of said court, or the court commissioner of such county, conditioned that the judgment debtor will pay the amount of such judgment, interest and costs, within the time for which said stay is granted, and for the authorizing and empowering the issuing of an execution for such amount against the judgment debtor and sureties, upon default of such payment: provided, that the interest to be allowed shall be at the rate of twelve per cent. per annum on the amount of the judgment, including the costs. (1877, c. 76, § 1.)

§ 332. Execution against debtor and sureties. If the judgment, interest and costs be not paid at the expiration of the time for which the same may have been stayed, the judgment creditor may have execution issued against the judgment debtor and his sureties, for the amount of such judgment, costs and interest as aforesaid. (Id. § 2.)

*§ 333. Justification of sureties. Each surety must justify, by affidavit, that he is a resident and freeholder of this state, and worth the amount specified in the undertaking, above his debts and liabilities, and exclusive of his property exempt from execution. (Id. § 3.)

*§ 334. Obligee in bond-service on creditor-exceptions to bond-proceedings. The bond herein prescribed shall run to the judgment creditor, his executors, administrators or assigns, a copy of which shall be served on the judgment creditor, his agent or attorney, if resident of the county wherein the judgment was rendered, within ten days from such rendition; and the judgment creditor may except to the bond or the sufficiency of the sureties, and upon notice, or by order to show cause, the court may, in its discretion, order the execution to issue at once, notwithstanding such bond, unless the judgment debtor give such further bond and sureties as shall be deemed sufficient by the court; and the court may require the proposed sureties to justify orally, if required by the judgment creditor; and for cause shown, the court may require a still further

An act providing for a stay of execution on judgments rendered in the district courts of this state, for the recovery of money only. Approved February 24, 1877. (Laws 1877, c. 76.)

bond and sureties at any time, and, in default thereof, may order execution to issue. (1877, c. 76, § 4.)

*§ 335. Duty of officer returning execution against sureties. Every officer to whom an execution shall issue against sureties, as provided in the preceding sections, shall certify, in his return thereon, whether the same, and what amount, if any, was collected from the sureties, and the true date of such collection. (Id. § 5.) *§ 336. Stay granted after levy made. If the stay herein provided shall be granted after an execution shall have issued, or after levy made, then and in that case the levy shall be released, and the execution returned, with the cause of such return thereon noted by the officer. (Ia. § 6.)

TITLE 24.

PROCEEDINGS SUPPLEMENTARY TO THE EXECUTION.

§ 337. (SEC. 299.) Order for examination of judgment debtor. When an execution against property of the judgment debtor, or of any one of several debtors in the same judgment, issued to the sheriff of the county where he resides, or, if he does not reside in this state, to the sheriff of the county where the judgment-roll, or a transcript of a justice's judgment, is filed, is returned unsatisfied, in whole or in part, the judgment creditor is entitled to an order from a judge of the district court from which the execution was issued, requiring such judgment debtor, or, if a corporation, any officer thereof, to appear and answer concerning his or its property, before such judge, or a referee appointed by him, at a time and place specified in the order.

9 M. 254 (270); 16 M. 518.

§ 338. (SEC. 300.) Warrant may be issued-proceedings on arrest of defendant. Instead of the order requiring the attendance of the judgment debtor, as provided in the last section, the judge may, upon proof by affidavit that there is danger that the debtor will leave the state, or conceal himself, issue a warrant requiring the sheriff of any county where such debtor is, to arrest him and bring him before such judge; upon being brought before the judge, he may be examined on oath, and ordered to give bond, with sureties, that he will attend from time to time before the judge or referee, as he shall direct, during the pendency of the proceeding, and until the final determination thereof, and will not in the meantime dispose of any portion of his property not exempt from execution; in default of giving such bond, he may be committed to jail, by warrant of the judge, as for a contempt.

$339. (SEC. 301.) Persons indebted to judgment debtor may pay sheriff. After the issuing of execution against property, any person indebted to the judgment debtor may pay to the sheriff the amount of his debt, or so much thereof as may be necessary to satisfy the execution, and the sheriff's receipt is a sufficient discharge for the amount so paid.

§ 340. (SEC. 302.) Witnesses may be required to appear. Witnesses may be required to appear and testify upon any proceedings under this chapter, in the same manner as upon the trial of an issue.

§ 341. (SEC. 303.) Reference-examination to be under oath. If the examination is before a referee, the testimony and proceedings shall be certified by him to the judge; all examinations and answers before a judge or referee, under this chapter, shall be on oath, except that when a corporation answers, the answer shall be on the oath of an officer thereof.

§ 342. (SEC. 304.) Order for application of property to pay judgment-exemption. The judge may order any property of the judgment debtor, not exempt from exe cution, in the hands either of himself or any other person, or due to the judgment debtor, to be applied toward the satisfaction of the judgment, except

that the earnings of the debtor for his personal services, at any time within thirty days next preceding the order, cannot be so applied, when it appears, by the debtor's affidavit, that such earnings are necessary for the use of a family supported wholly or partly by his labor.

§ 343. (SEC. 305.) Appointment of receiver-transfers forbidden. The judge may also, by order, appoint a receiver of the property of the judgment debtor not exempt from execution, or forbid a transfer or other disposition thereof, or any interference therewith.

22 M. 452.

§ 344. (SEC. 306.) Proceedings in case of adverse claimants of property, etc. If it appears that a person or corporation alleged to have property of the judgment debtor, or to be indebted to him, claims an interest in the property adverse to hin, or denies the debt, such interest or debt is recoverable only in an action against such person or corporation, by the receiver; but the judge may, by order, forbid a transfer or other disposition of such property or interest, till a sufficient opportunity is given to the receiver to commence the action, and prosecute the same to judgment and execution; such order may be modified or vacated by the judge granting the same, at any time, on such security as he may direct.

22 M. 452.

§ 345. (SEC. 307.) Disobedience of order a contempt. If any person, party or witness disobeys an order of the judge or referee, duly served, such person, party or witness may be punished by the judge, as for a contempt; the proceedings therefor are prescribed in chapter eighty-seven of these statutes, respecting the punishment of contempt.

23 M. 411.

§ 346. (SEC. 308.) Questions to be answered-criminating answers. No person shall, on examination pursuant to this chapter, be excused from answering any question on the ground that his examination will tend to convict him of the commission of a fraud; but his answer shall not be used as evidence against him in any criminal proceeding or prosecution,

*8 347. Debtor of judgment debtor may be examined. After the issuing or return of an execution against property of the judgment debtor, or of any one of several debtors in the same judgment, and upon proof by affidavit or otherwise, to the satisfaction of the judge, that any person or corporation has property of the judgment debtor, or is indebted to him in an amount exceeding ten dollars, the judge may by an order require such person or corporation, or any officer or member thereof, to appear at a specified time and place, and answer concernthe same; the judge may also, in his discretion, require notice of such proceeding to be given to any party in the action, in such manner as may seem to him proper. (1867, c. 61, § 1.)

§ 1. Compensation of attorneys-"costs" defined. The right of a party to agree with an attorney or counsel for his compensation, is unrestricted, and the measure and mode of such compensation is left to the agreement, express or implied, of the parties; but there may be allowed, to the prevailing party, certaim sums by way of indemnity for his expenses in the action, which allowances are termed

costs.

8 M. 267 (303).

§2. Costs allowed prevailing party in district court. Costs are allowed to the prevailing party, in actions commenced in the district court, as follows:

First. To the plaintiff, upon a judgment in his favor of one hundred dollars or more, in an action for the recovery of money only, when no issue of fact or law is joined, five dollars. When an issue is joined, ten dollars;

Second. In all other actions, except as hereinafter otherwise provided, ten dollars;

Third. To the defendant, upon discontinuance or dismissal, five dollars; Fourth. When judgment is rendered in his favor on the merits, ten dollars.

14 M. 286.

§ 3. Disbursements-taxation and allowance. In every action commenced in the district courts of this state, or the court of common pleas for the county of Ramsey, the prevailing party shall be allowed his disbursements necessarily paid or incurred: provided, that in all actions for the recovery of money only. of which a justice of the peace has jurisdiction, the plaintiff, if he recover no more than fifty dollars, shall recover no disbursements; and if he recover less than fifty dollars, he shall pay the defendant's costs and disbursements, as allowed by law when judgment is rendered in favor of the defendant on the merits; which said costs and disbursements shall be taxed and allowed by the clerk, upon notice, the same as in other cases, and shall be deducted by the clerk from the amount recovered by the plaintiff; and in case the amount of such costs and disbursements exceed the amount recovered by the plaintiff, the clerk shall enter judgment against the plaintiff, and in favor of the defendant, for the amount of such excess, and the defendant may have execution thereon. (As amended 1868, c. 89, § 1.)

8 M. 401 (451); 20 M. 418.

§ 4. Several actions-costs allowed in one only, when. When several actions are brought on any instrument in writing, or in any other case, for the same cause of ac