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Bill to account.

Injunction to stay trial.

Bond.

Stay of proceedings after verdict, and before judgment.

Stay of proceedings after judg ment.

Deposit

of money.

Bond.

Payment of deposit to plaintiff.

years herein before specified, nor by any other proceeding; but such defendant or his representatives may, at any time within seven years after the decree ordering such sale, file a bill against the plaintiff or his representatives, to account for all moneys received by him or them by virtue of such decree, over and above the amount justly due on the mortgage, and costs of suit; and the court shall proceed on such bill, according to the equity of the case.

Of Injunctions.

SEC. 8. No injunction shall issue to stay the trial of any personal action in a court of law, until the party applying therefor shall execute a bond with one or more sufficient sureties, to the plaintiff in such action at law, in such sum as the circuit judge or other officer allowing the injunction shall direct, conditioned for the payment to the said plaintiff, or his legal representatives, of all moneys which may be recovered by such plaintiff, or his representatives, or the collection of which may be stayed by such injunction, in such action at law, for debt or damages, and for costs therein; and also for the payment of such costs as may be awarded to them in the court in chancery, in the suit in which such injunction shall issue.

SEC. 9. No injunction shall issue to stay proceedings at law in any personal action, after verdict, and before judg ment thereon, unless a sum of money equal to the amount for which the verdict was given, shall be first deposited with the court from which the injunction issues, by the party apply. ing for such injunction, or a bond for the payment thereof shall be given as hereinafter directed.

SEC. 10. No injunction shall issue to stay proceedings at law in any personal action, after judgment, unless:

1. A sum of money equal to the full amount of such judg ment, including costs shall be first deposited by the party applying for such injunction, or a bond in lieu thereof be given as hereinafter directed; and

2. Unless such party, in addition to such deposit or bond in lieu thereof, shall also execute a bond with one or more sufficient sureties, to the plaintiff in such judgment, in such sum as the circuit judge or officer allowing the injunction shall direct, conditioned for the payment to the said plaintiff, or his legal representatives, of all such damages, and costs, as may be awarded to them by the court, at the final hearing of the cause.

SEC. 11. If, after a verdict or judgment at law, any moneys shall be deposited in the court pursuant to either of the two last sections, the same may be paid, on the order of the court, to the plaintiff in such action at law, upon his executing to the people of this State a bond, in a penalty double the amount so deposited, with such sureties as the court shall approve, conditioned that such plaintiff will pay to the clerk with whom the bill shall be filed, the moneys which he shall

so receive, and the interest thereon, or any part thereof, according to any order or decree of the court, that may be made in relation to the same.

after final

SEC. 12. Whenever the moneys so deposited shall be paid Proceedings to the plaintiff in the action at law, if the final decision of decision the cause in chancery shall be against the party obtaining the of cause. injunction, the circuit judge may order the bond that shall have been given to be canceled, and shall continue the injunction to stay the proceedings at law, or shall compel the plaintiff therein to cause such judgment to be satisfied and discharged of record.

of lands.

Bond.

SEC. 13. No injunction shall issue to stay proceedings at stay of law, in any action for the recovery of lands, or of the posses after verdict, proceedings, sion thereof, after verdict, unless the party applying there for recovery for shall execute a bond, with one or more sureties, to the plaintiff in such action at law, in such sum as the circuit judge or officer allowing the injunction shall direct, conditioned for the payment to the plaintiff in such action, and his legal representatives, of all such damages and costs as may be awarded to them, in case of a decision against the party obtaining such injunction.

ascertained.

of deposit, etc.

SEC. 14. The damages to be paid upon the dissolution of Damages, how such injunction, shall be ascertained by reference to a circuit court commissioner, or in such manner as the courts shall direct, and shall include not only the reasonable rents and profits of the lands recovered by such verdict, but all waste committed thereon after the granting of the injunction. SEC. 15. The circuit judge shall have power to dispense Bond instead with any deposit of moneys required by either of the preceding sections, and in lieu thereof to direct the execution of a bond, with sureties, conditioned to pay the amount so required to be deposited, whenever ordered by the court; or, if a bond is already required in addition to such deposit, then to direct the enlargement of a penalty and condition of such bond as may be requisite; but whenever such deposit shall be dispensed with, the bond so substituted or enlarged, shall be executed by at least two sufficient sureties.

or bond

dispensed

SEC. 16. Whenever an injunction shall be applied for, to when deposit stay proceedings at law in an action after judgment or verdict, on the ground that such judgment or verdict was ob- with. tained by actual fraud, the circuit judge or officer granting the injunction shall have power to dispense with the deposit of any moneys, or the execution of any bond.

ascertained.

SEC. 17. The sufficiency of the sureties in any bond exe- Sufficiency of cuted under the provisions of this chapter, relating to stay. sureties, how ing proceedings at law by injunction, shall be ascertained. either:

1. By the certificate of any circuit court commissioner of the proper county, stating that he has inquired into the cir cumstances of such sureties, and is satisfied of their sufficiency; or

2. By the affidavit of such surety, stating that he is a

Bond. where filed.

Delivery of bond for prosecution.

Who may grant injunctions.

Sickness, etc., of judge.

Bills for foreclosure, where filed.

Sale of premises.

Proviso, redemption.

householder, resident within this State, and that he is worth a sum equal to the amount in which the bond shall have been required, over and above all debts and demands against him.

SEC. 18. Whenever a bond shall be required to be executed, as aforesaid, prior to the issuing of an injunction, the same, with the certificate or affidavit above required, shall be filed with the clerk, before the sealing and delivery of the injunction.

SEC. 19. The circuit judge shall direct the delivery of any such bond to the person entitled to the benefit thereof, for prosecution, whenever the condition of such bond shall be broken, or the circumstances of the case shall require such delivery.

SEC. 20. Circuit judges, and each circuit court commissioner, except as provided in section one hundred two of chapter two of this act, shall have power to grant injunctions to stay proceedings at law.

SEC. 21. In case the circuit judge of any circuit, and the other officers of any county authorized to grant injunctions, are absent, sick, or in any manner disqualified from ordering or allowing an injunction in any case pending or about to be commenced in such circuit or county, upon due proofs of such facts by affidavit, the circuit judge of any judicial district adjoining the judicial district in which said circuit or county is situated, shall have authority at chambers or at any place where he may be, to grant or deny such injunction the same as if he were the circuit judge of the circuit in which such suit is pending or about to be commenced, and after such injunction is allowed, as aforesaid, the judge ordering the same shall have concurrent jurisdiction to modify or dissolve the same with the presiding judge of the circuit wherein such suit is pending.

Of the Foreclosure of Mortgages.

SEC. 22. All bills for the foreclosure or satisfaction of mortgages shall be filed in the circuit court in chancery of the county where the mortgaged premises, or any part thereof, are situated.

SEC. 23. Whenever a bill shall be filed for the foreclosure or satisfaction of a mortgage, the court shall have power to decree a sale of the mortgaged premises, or such part thereof as may be sufficient to discharge the amount due on the mortgage, and the costs of suit; but the circuit judge shall not, by such decree, order any lands to be sold within six months after the filing of the bill of foreclosure: Provided, That if the mortgagor, his heirs, executors, administrators or any person lawfully claiming from or under him or them shall, within six months from the time of such sale, redeem the entire premises sold, by paying to the purchaser, his executors, administrators or assigns, or to the register of deeds in whose office such deed is deposited as provided by section thirty. for the benefit of such purchaser, the sum which was bid

therefor, with interest from the time of the sale at the rate per cent borne by the mortgage, not exceeding eight per cent per annum, and in case such payment is made to the register of deeds, the sum of one dollar as a fee for the care and custody of such redemption money, then such deed shall be void and of no effect, but in case any distinct lot or parcel separately sold shall be redeemed, leaving a portion of the premises unredeemed, then such deed shall be inoperative merely to the parcel or parcels so redeemed, and to those portions not so redeemed shall remain valid and of full effect.

what to

SEC. 24. In foreclosure cases in the original decree there- Decree, in, the court shall determine and decree as to which defend- determine. ants, if any, are personally liable for the mortgaged debt, and it shall be provided in such decree that upon the coming in and confirmation of the commissioner's report of sale, if there be any part of the money decreed to be due, either of the principal or interest of the debt, or of the costs decreed to be paid, left unpaid after applying the amount received by the commissioner, upon the sale of the premises, the clerk Execution for of the court shall, upon the application of the attorney for the deficiency. plaintiff, and without notice to defendant or his attorney, is

possession.

sue execution for the amount of such deficiency. The court Delivery of shall also have power to decree and compel the delivery of the possession of the premises to the purchaser at said sale. SEC. 25. After such bill shall be filed, while the same is No proceedpending, and after a decree rendered thereon, no proceedings whatever shall be had at law for the recovery of the debt secured by the mortgage, or any part thereof, unless authorized by the court.

ings at law.

SEC. 26. If the mortgaged debt be secured by the obliga- Other person tion or other evidence of debt of any other person besides the as party. mortgagor, the plaintiff may make such person a party to the bill, and the court may decree payment of the balance of such debt remaining unsatisfied, after a sale of the mortgaged premises, as well against such other person as the mortgagor, and may enforce such decree as in other cases.

to foreclose

SEC. 27. Upon filing a bill for the foreclosure or satisfac- what bill tion of a mortgage, the plaintiff shall state therein whether any to state. proceedings have been had at law for the recovery of the debt secured thereby, or any part thereof, and whether such debt, or any part thereof, has been collected or paid.

execution.

SEC. 28. If it appear that any judgment has been obtained Unsatisfied in a suit at law, for the moneys demanded by such bill, or any part thereof, no proceedings shall be had in such case, unless to an execution against the property of the defendant in such judgment, the sheriff or other proper officer shall have returned that the execution is unsatisfied, in whole or in part, and that the defendant has no property whereof to satisfy such execution, except the mortgaged premises.

mortgaged

SEC. 29. All sales of mortgaged premises, under a decree in Sales of chancery, shall be made by a circuit court commissioner of the premises. county in which the decree was rendered, or the land or some

At public vendue.

Execution of deed.

Deposit of deed with register.

Duty of register.

Redemption.

When deed to become operative.

How proceeds

of sale applied.

Surplus,

when put at interest.

Bill for

foreclosure of installment,

etc.

part thereof is situated, or by some other person duly authorized by the order of the court; and such sales shall be at public vendue between the hour of nine o'clock in the morning and the setting of the sun, at the court house, or place of holding the circuit court in the county in which such estate or some part thereof is situated, or at such other place as the court shall direct.

SEC. 30. Deeds shall thereupon be executed by such circuit court commissioner or other person making such sale specify ing the names of the parties in the suit, the date of the mortgage, when and where recorded, with a description of the premises sold, and the amount for which each parcel of land therein described was sold, and he shall endorse upon each deed the time when the same will become operative in case the premises are not redeemed according to law; such deed or deeds shall as soon as practicable, and within twenty days after such sale be deposited with the register of deeds of the county in which the land therein described is situated, and the register shall endorse thereon the time the same was received; and for the better preservation thereof, shall record the same at length in a book to be provided in his office for that purpose and shall index the same in the regular index of deeds, and the fee for recording the same shall be included among the other costs and expenses allowed by law. In case such premises or any parcel thereof shall be redeemed the register of deeds shall write on the face of such record the word "redeemed," stating at what date such entry is made and signing such entry with his official signature. Unless the premises described in such deed or any parcel thereof shall be redeemed within the time limited for such redemption as herein provided, such deed shall thereupon as to all parcels not so redeemed become operative, and shall vest in the grantee therein named, his heirs or assigns, all the right, title and interest which the mortgagor had at the time of the execu tion of the mortgage, or at any time thereafter.

SEC. 31. The proceeds of every sale made under a decree in chancery, shall be applied to the discharge of the debt adjudged by such court to be due, and of the costs awarded; and if there be any surplus, it shall be brought into court for the use of the defendant, or of the person entitled thereto. subject to the order of the court.

SEC. 32. If such surplus or any part thereof, shall remain in the said court for the term of three months without being applied for, the circuit judge may direct the same to be put out at interest, under the direction of the court, for the benefit of the defendant, his representatives or assigns, to be paid to them by the order of such court.

SEC. 33. Whenever a bill shall be filed for the satisfaction or foreclosure of any mortgage, upon which there shall be due any interest, or any portion or installment of the principal, and there shall be other portions or installments to become due subsequently, the bill shall be dismissed upon

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