person is legally detained, imprisoned or confined, and is not entitled to be bailed, such officer shall dismiss the proceedings. § 45. (SEC. 44.) Order of discharge, how enforced. Obedience to any order for the discharge of any prisoner, granted pursuant to the provisions of this chapter, may be enforced by the officer issuing such writ, or granting such order, by attachment, in the same manner as herein provided for a neglect to make a return to a writ of habeas corpus; and the person guilty of such disobedience shall forfeit, to the party aggrieved, one thousand dollars, in addition to any special damages such party may have sustained. $ 46. (SEC. 45.) Re-arrest of person discharged. No person who has been discharged upon a habeas corpus shall be again imprisoned or restrained for the same cause, unless indicted therefor, convicted thereof, or committed, for want of bail, by some court of record having jurisdiction of the cause; or unless, after a discharge for defect of proof, or for some material defect in the commitment in a criminal case, he is again arrested on sufficient proof, and committed by legal process. $ 47. (SEC. 46.) Transfer or concealment of person entitled to writ-penalty. If any one who has in his custody, or under his control, a person entitled to a writ of habeas corpus, whether a writ has been issued or not, transfers such prisoner to the custody, or places him under the power or control, of another person, or conceals him, or changes the place of his confinement, with intent to elude the service of such writ, or to avoid the effect thereof, the person so offending shall forfeit, to the party aggrieved thereby, the sum of four hundred dollars, to be recovered in a civil action. § 48. (SEC. 47.) Refusal to furnish copy of order, etc.-penalty. Any officer or other person refusing to deliver a copy of any order, warrant, process, or other authority, by which he detains any person, to any one who demands such copy, and tenders the fees thereof, shall forfeit two hundred dollars to the person so detained. $ 49. (SEC. 48.) Writ, when returnable-to be sealed. Every writ of habeas corpus may be made returnable at a day certain, or forthwith, as the case may require, and shall be under the seal of the court. 17 M. 340. § 50. (SEC. 49.) Service of writ-security required of petitioner. It can only be served by an elector of this state. The officer granting the writ may, in his discretion, require a bond in a penalty not exceeding one thousand dollars, with sufficient sureties, conditional that the obligators will pay all costs and expenses of the proceeding, and the reasonable charges of restoring the prisoner to the person from whose custody he was taken, if he is remanded. Such bond shall run to the sheriff of the county, and be filed in the office of the clerk of the court from which the writ issues. (As amended 1877, c. 34, § 1.) $51. (SEC. 50.) Writ, how served. Every writ of habeas corpus, issued pursuant to this chapter, may be served by delivering the same to the person to whom it is directed; if he cannot be found, it may be served by being left at the jail, or other place in which the prisoner is confined, with any under officer, or other person of proper age, having charge, for the time, of such prisoner. $ 52. (SEC. 51.) Same-when person conceals himself. If the person on whom the writ ought to be served conceals himself, or refuses admittance to the party attempting to serve the same, it may be served by affixing the same in some conspicuous place on the outside, either of his dwelling-house, or of the place where the party is confined. $53. (SEC. 52.) Return to be made, when. If the writ is returnable at a certain day, such return shall be made, and such prisoner produced, at the time and place specified therein; if it is returnable forthwith, and the place is within twenty miles of the place of service, such return shall be made, and such prisoner produced, within twenty-four hours; and the like time shall be allowed for every additional twenty miles. § 54. (SEC. 53.) Power to issue writ for various purposes. Nothing contained in this chapter shall be construed to restrain the power of any court to issue a writ of habeas corpus, when necessary to bring before them any prisoner for trial, in any criminal case lawfully pending in the same court, or to bring any prisoner to be examined as a witness in any action or proceeding, civil or criminal, pending in such court, when they think the personal attendance and examination of the witness necessary for the attainment of justice. *§ 1. Foreclosure by advertisement within ten years. Every mortgage of real estate, heretofore or hereafter executed, containing therein a power of sale, upon default being made in any condition of such mortgage, may be foreclosed by advertisement within ten years after the maturity of such mortgage or the debt secured thereby, in the cases and in the manner hereinafter specified. (1878, c. 53, § 1.) 6 M. 104 (168); 19 M. 85. § 2. When such foreclosure may be made. To entitle any party to give a notice, as hereinafter prescribed, and to make such foreclosure, it is requisite: First. That some default in a condition of such mortgage has occurred, by which the power to sell has become operative. This title of the General Statutes, having been, with the exceptions of sections 3, 4, 9, 11, 14, 15, 17, repealed by laws 1877, c. 121, its provisions were substantially re-enacted in "An act to provide for the foreclosure of mortgages on real estate by advertisement," approved March 7, 1878. (Laws 1878, c. 53) Second. That no action or proceeding has [been] instituted at law to recover the debt then remaining secured by such mortgage, or any part thereof; or if the action or proceeding has been instituted, that the same has been discontinued, or that an execution upon the judgment rendered therein has been returned unsatisfied in whole or in part. Third. That the mortgage containing such power of sale has been duly recorded, and if it has been assigned, that all the assignments thereof have been recorded. (1878, c. 53, § 2.) 11 M. 323 (438); 12 M. 113; 13 M. 194; 16 M. 116; 18 M. 232: 20 M. 464; 21 M. 336. *§ 3. Foreclosure for instalments of principal or interest. When a mortgage is given to secure the payment of money by instalments, each of the instalments, either of principal or interest, mentioned in such mortgage, may be taken and deemed to be a separate and independent mortgage for each of such instalments, may be foreclosed in the same manner, and with like effect, as if such separate mortgage was given for each of uch subsequent instalments; and a redemption of any such sale by the mortgagor shall have the like effect as if the sale for such instalments had been made upon an independent mortgage. (Id. § 3.) 4 M. 117 (172); 8 M. 44 (67); 20 M. 106: 22 M. 349. *§ 4. Same-what may be sold to pay instalments. In such case, if the mortgaged premises consist of separate and distinct farms or tracts, only such tract or tracts shall be sold as are sufficient to satisfy the instalment then due, with interest and costs of sale; but if said premises do not consist of such separate and distinct farms or tracts, the whole shall be sold; and, in either case, the proceeds of such sale shall, after satisfying the interest, portion or instalment of the principal due, with interest and costs of sale, be applied towards the payment of the residue of the sum secured by said mortgage, and not due and payable at the time of such sale; and if such residue does not bear interest, such application shall be made with a rebate of the legal interest for the time during which the residue shall not be due and payable; and the surplus, if any, shall be paid to the mortgagor, his legal representatives or assigns. (Id., § 4.) * 5. Notice of sale-publication-service on occupant. Notice that such mortgage will be foreclosed by sale of the mortgaged premises, or some part of them, shall be given by publishing the same for six successive weeks, at least once in each week, in a newspaper printed and published in the county where the premises intended to be sold, or some part thereof, are situated, if there is one, if not, then in a newspaper printed and published in an adjoining county, if there is such a newspaper; if there is not, then in a newspaper printed and published in the county to which the county in which the premises are located is attached for judicial purposes, if there be such a newspaper; if there is not, then in a newspaper printed and published at the capital of the state. In all cases, a copy of such notice shall be served in like manner as summons in civil actions in the district court, at least four weeks before the time of sale, on the person in possession of the mortgaged premises, if the same are actually occupied. Proof of such service may be made, certified and recorded in the same manner as proof of publication of a notice of sale under a mortgage. (Id. § 5.) *S 6. 4 M. 15 (32) 6 M. 123 (192); 7 M. 31 (46); 34 (49); 15 M. 512; 16 M. 45; 18 M. 66; 20 4 M. 426 (542); 6 M. 104 (168); 7 M. 102 (159); 18 M. 366; 19 M. 85; 20 M. 448, 453, 464. First. The names of the mortgagor and of the mortgagee, and the assignee, if any; 4 M. 11 (25.) Second. The date of the mortgage, and when recorded; Third. The amount claimed to be due thereon, and taxes, if any, paid by the mortgagee at the date of +1 notice. M. 426 (542); 6 M. 10 Fourth. A description of the mortgaged premises, conforming substantially to that contained in the mortgage; and Fifth. The time and place of sale. (1878, c. 53, § 6.) *§ 7. Sale-when, where, how and by whom to be made. The sale shall be at public vendue, between the hours of nine o'clock in the forenoon and the setting of the sun, in the county in which the premises [are] to be sold, or some part thereof, are situated, and shall be made by the sheriff of the said county, or his deputy, to the highest bidder. (Id. §7.) 6 M. 104 (168); 10 M. 304 (379); 12 M. 335; 19 M. 85. 8. Postponement of sale. Such sale may be postponed from time to time, by inserting a notice of such postponement, as soon as practicable, in the newspaper in which the original advertisement was published, and continuing such publication until the time to which the sale is postponed, at the expense of the party requesting such postponement. (Id. § 8.) 4 M. 335 (433); 8 M. 385 (432.) * 9. Sale in separate tracts. If the mortgaged premises consist of separate and distinct farms or tracts, they shall be sold separately, and no more farms or tracts shall be sold than are necessary to satisfy the amount due on such mortgage at the date of notice of such sale, with interest, taxes paid, and costs of sale. (Id. § 9.) 4 M. 183 (260); 6 M. 104 (168); 10 M. 304 (379); 18 M. 366. *S 10. Mortgagee, etc., may purchase. The mortgagee, his assignees, or his or their legal representatives, may fairly and in good faith purchase the premises so advertised, or any part thereof, at such sale. (Id. § 10.) 6 M. 123 (192); 8 M. 386 (435); 17 M. 61. *§ 11. Certificate of sale-acknowledgment and record. Whenever any sale of real property is made under a power of sale contained in any mortgage, the officer shall make, and deliver to the purchaser, a certificate, under his hand and seal, containing First. A description of the mortgage under which such sale is made; Third. The price paid for each parcel sold separately; Fourth. The date of the sale, and the name of the purchaser; and Fifth. The time allowed by law for redemption. Said certificate shall be executed, proved or acknowledged, and recorded, as required by law for a conveyance of real estate, within twenty days after such sale. (Id. § 11.) 18 M. 66; 20 M. 453. *§ 12. Certificate, when to operate as a conveyance. Such certificate, so proved, acknowledged and recorded, shall, upon the expiration of the time for redemption, operate as a conveyance, to the purchaser or his assignees, of all the right, title and interest of the mortgagor in and to the premises named therein, at the date of such mortgage, without any other conveyance whatever. (Id. § 12.) 20 M. 106. *§ 13. Redemption by mortgagor, etc.-interest. The mortgagor, his heirs, executors, administrators or assigns, whose real property is sold in conformity to the provisions of this act, may, within twelve months after such sale, redeem such property as hereinafter provided, by paying the sum of money for which the same was sold, together with interest on the same from the time of such sale: provided, that no redemption shall be made for real property sold in conformity to the provisions of this act, when the mortgage foreclosed contains a distinct rate of interest more than seven per cent. per annum, unless the party entitled to redeem shall pay, within the time provided, the sum for which said property was sold, together with interest thereon, from the date of sale to the time of redemption, at the rate specified in the mortgage, not to exceed ten per cent per annum; provided, that when no rate of interest is specified in the mortgage, the rate of interest after sale shall be seven per cent. per annum on the amount for which the property was sold. (Id. § 13.) 4 M. 117 (172), 375 (483);* 7 M. 110 (167); 8 M. 844 (387); 10 M. 144 (178); 20 M. 106. * 14. Redemption, how made. Redemption shall be made as follows: The person desiring to redeem shall pay to the person holding the right acquired under such sale, or for him to the sheriff who made the sale, or his successor in office, 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 the deed of conveyance or mortgage, or of the record or files evidencing any other lien under which he claims a right to redeem, certified by the officer in whose custody such docket, record or files shall be; Second. Any assignment necessary to establish his claim, verified by the affidavit of himself or the subscribing witness thereto, or of some person acquainted with the signature of the assignor; and Third. An affidavit of himself or his agent, showing the amount then actually due on his lien. (1878, c. 53, § 14.) 14 M. 289; 16 M. 210; 21 M. 132. *§ 15. Certificate of redemption-contents-acknowledgment and record-effect of redemption. 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 for which such redemption is made, and of the property redeemed; and 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 certificates shall be executed, and proved or acknowledged, and re'corded, as provided by law for conveyances 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, his heirs or assigns, such redemption annuls the sale; if by a creditor holding a lien upon the property or any 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. (Id. § 15.) 21 M. 132. *S 16. Redemption by creditors-notice. If no such redemption is made, the senior creditor having a lien, legal or equitable, on the real estate, or some part thereof, subsequent to the mortgage, may redeem within five days after the expiration of the said twelve months; and each subsequent creditor, having such lien, within five days after the time allowed all prior lien-holders, as aforesaid, may redeem by [paying] the amount aforesaid, and all liens prior to his own held by the party from whom the redemption is made: provided, that no creditor shall be entitled to redeem, unless, within the year allowed for redemption, he files notice of his intention to redeem in the office of the regis ter of deeds where the mortgage is recorded. (Id. § 16.) 20 M. 106, 268; 21 M. 132. *§ 17. Interest of purchaser is subject to legal process against him. The interest acquired upon any such 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 on execution in the same manner. (Id. § 17.) § 18. Disposal of surplus purchase-money. If, after sale of any real estate, made [or] as herein prescribed, there remains in the hands of the officer making the sale any surplus money, after satisfying the mortgage on which such real estate was sold, and payment of the tax and cost of sale, the surplus shall be paid |