4 Denio, 104.

pose in the mortgage, or by the Sheriff, under Sheriff, or a deputy Sheriff of the County, to the highest bidder. · (5182.) SEC. 6. Such sale may be postponed from time to How postponed. 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 shall be postponed, at the expense of the party requesting such postponement.

etc., to be sold

(5183.) SEC. 7. If the mortgaged premises consist of distinct pistinct tracts, farms, tracts, or lots, they shall be sold separately, and no more separately. farms, tracts, or lots shall be sold, than shall be necessary to satisfy the amount due on such mortgage, at the date of the notice of sale, with interest, and the costs and expenses allowed by law.

may purchase.

4 Cowen, 266.

(5184.) SEC. 8. The mortgagee, his assigns, or his or their Mortgagee, etc., legal representatives, may, fairly and in good faith, purchase is, p. 175. the premises so advertised, or any part thereof, at such sale. 1 Paige, 52. (5185.) SEC. 9. The officer or person making the sale shall Deed on sale. forthwith execute and deliver to each purchaser a deed of the premises bid off by him, specifying therein, as the consideration of such deed, the precise amount for which such parcel was sold, and shall endorse thereon the time when such deed will become operative, in case the premises are not redeemed according to law, and shall deposit the same with the Register of Deeds of the County in which the land is situated. (c)

premises not re

(5186.) SEC. 10. Unless the premises described in such deed Effect of deed, if shall be redeemed within the time limited for such redemption, deemed. as hereinafter provided, such deed shall thereupon become operative, and may be recorded, 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 execution of the mortgage, or at any time thereafter; but no person having any valid subsisting lien upon the mortgaged premises or any part thereof, created before the lien of such mortgage took effect, shall be prejudiced by any such sale, nor shall his rights or interests be in any way affected thereby.

2 Doug. Mich.,

184.

deemed.

(5187.) SEC. 11. If the mortgagor, his heirs, executors, How lands reAdministrators, or any person lawfully claiming from or wal. Ch. R., 256. under him or them, shall, within one year from the time of

(c) As amended by Act 206 of 1848. Laws of 1818, p. 314, Sec. 15.

Damages for re fusing to execute

ment.

such sale, redeem the premises sold, or any distinct lot or parcel thereof separately sold, by paying to the purchaser, his executors, Administrators or assigns, or to the Register of Deeds in whose office such deed is deposited, for the benefit of such purchaser, the sum which was bid therefor, with interest from the time of the sale, at the rate of ten per cent. per annum; then such deed shall be void and of no effect.

(5188.) SEC. 12. Upon the payment of the sum bid for any parcel at such sale, and interest thereon as aforesaid, to the Register in whose office the deed therefor shall have been deposited; or upon delivering to such Register a certificate signed and acknowledged by the person entitled to receive the same, and certified by some officer authorized to take the acknowledgment of deeds, setting forth that such sum, with interest, has been paid to such person, such Register shall thereupon destroy such deed, and shall enter in the margin of the record of such mortgage, if the same shall have been recorded in his office, a memorandum that such mortgage is satisfied, in whole or in part, as the case may be.

(5189.) SEC. 13. If any person entitled to receive such certificate of pay- redemption moneys, shall, upon payment or tender thereof to him, refuse to make and acknowledge such certificate of payment, he shall be liable to the person aggrieved thereby, in the sum of one hundred dollars damages, over and above all the actual damages sustained, to be recovered in an action on the case.

Payment of surplus to Mortga gor, etc.

How evidence of

(5190.) SEC. 14. If, after any sale of real estate made as herein prescribed, there shall remain in the hands of the officer or other person making the sale, any surplus money, after satisfying the mortgage on which such real estate was sold; and payment of the costs and expenses of such foreclosure and sale, the surplus shall be paid over by such officer or other person, on demand, to the mortgagor, his legal representatives or assigns.

(5191.) SEC. 15. Any party desiring to perpetuate the 1 Mich. Rep., 68. evidence of any sale made in pursuance of the provisions of

sale perpetuated.

this chapter, may procure:

1. An affidavit of the publication of the notice of sale, and of any notice of postponement, to be made by the printer of the newspaper in which the same was inserted, or by some person in his employ knowing the facts; and:

2. An affidavit of the fact of any sale pursuant to such notice, to be made by the person who acted as auctioneer at

the sale, stating the time and place at which the same took place, the sum bid, and the name of the purchaser.

fidavits may be

(5192.) SEC. 16. The affidavits specified in the last preceding Before whom af section, may be taken and certified by any officer authorized taken. by law to administer oaths..

recorded.

(5193.) SEC. 17. Such affidavits shall be recorded at length Affidavit to be by the Register of Deeds of the County in which the premises are situated, in a book kept for the record of mortgages; and such original affidavits, the record thereof, and certified copies of such record, shall be presumptive evidence of the facts therein contained.

margin of record

(5194.) SEC. 18. A note referring to the page and book Reference in where the evidence of any sale having been made under a of Mortgage. mortgage, is recorded, shall be made by the Register recording such evidence, in the margin of the record of such mortgage, if such record be in his office.

CHAPTER CLVIII.

OF PROCEEDINGS TO COMPEL THE DELIVERY OF BOOKS AND
PAPERS BY PUBLIC OFFICERS TO THEIR SUCCESSORS.

to be delivered to alty.

(5195.) SECTION 1. Whenever any person shall be removed Books and papers from office, or the term for which he shall have been elected successor; pen or appointed shall expire, he shall, on demand, deliver over to his successor all the books and papers in his custody as such officer, or in any way appertaining to his office, and every person violating this provision shall be deemed guilty of a misdemeanor.

Complaint by

successor.

Order to show

cause.

Hearing.

Affidavit of delivery of books and papers.

When person charged may be

(5196.) SEC. 2. If any person shall refuse or neglect to deliver over to his successor, any books or papers, as required in the preceding section, such successor may make complaint thereof to any Judge of a Court of Record, or to any Circuit Court Commissioner for the County where the person so refusing shall reside.

(5197.) SEC. 3. If such officer be satisfied by the oath of the complainant, and such other testimony as may be offered, that any such books or papers are withheld, he shall grant an order, directing the person so refusing to show cause before him, within some short and reasonable time, why he should not be compelled to deliver the same.

(5198.) SEC. 4. At the time so appointed, or at any other time to which the matter may be adjourned, upon due proof being made of the service of such order, such officer shall proceed to inquire into the matters set forth in the complaint.

(5199.) SEC. 5. If the person charged with withholding such books and papers, shall make affidavit before such officer, that he has truly delivered over to his successor all such books and papers in his custody, or appertaining to his office, within his knowledge, all further proceedings before such officer shall cease, and the person complained against shall be discharged.

(5200.) SEC. 6. If the person complained against shall not committed. make such affidavit, and it shall appear that any such books or papers are withheld, the officer before whom such proceedings shall be had shall, by warrant, commit the person so withholding to the jail of the county, there to remain until he shall deliver such books and papers, or be otherwise discharged according to law.

Search Warrant when to be issued.

Proceedings thereupon.

(5201.) SEC. 7. In the case stated in the last section, if required by the complainant, such officer shall also issue his warrant directed to the Sheriff or any constable of the county, commanding them, in the day time, to search such places as shall be designated in such warrant, for such books and papers as belonged to the officer so removed, or whose term of office expired, in his official capacity, and which appertained to such office, and seize and bring them before the officer issuing such warrant.

(5202.) SEC. 8. Upon any books or papers being brought before such officer, by virtue of such warrant, he shall inquire and examine whether the same appertain to the office, from which the officer so refusing to deliver was removed, or of

how obtained

etc.

which the term expired, and if the same pertain to such office, he shall cause them to be delivered to the complainant. (5203.) SEC. 9. If any person appointed or elected to any Books and papers, office shall die, or his office shall in any way become vacant, when officer dies, and any books or papers belonging or appertaining to such office shall come to the hands of any person, the successor in any such office may, in like manner as hereinbefore prescribed, demand such books or papers from the person having the same in his possession; and if withheld, an order may be obtained, and the person charged may in like manner make affidavit of the delivery of all such books and papers that ever came to his possession; and in case of omission to make such affidavit, and to deliver up the books and papers so demanded, such person may be committed to jail, and a search warrant may be issued, and the property seized may be delivered to the complainant, as hereinbefore prescribed.

71