sold shall be described with common certainty, by setting forth the name or number of the township in which it is situated, and the number of the lot, or by some other appropriate description of the premises.

and where made.

(3122.) SEC. 4. The sale of real estate by virtue of any exe-sale how, when, cution 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 is situated.

damages for sel

tice.

(3123.) SEC. 5. Any officer who shall sell any real estate, officer liable in without the previous notices herein directed, or otherwise ling without nothan in the manner herein prescribed, shall be liable therefor to the party injured, in the sum of five hundred dollars damages, in addition to any actual damages which such party may prove on the trial of an action brought for the recovery of the

same.

facing or taking

(3124.) SEC. 6. If any person shall take down or deface any Damages for denotice of a sale of real estate, put up by any officer, previous down notice. to the day of sale therein specified, unless upon satisfaction of the execution by virtue of which such notice shall have been given, or upon the consent of the party suing out such execution, and of the defendant therein, such person shall be liable therefor to the party in whose favor such execution was issued, in the sum of fifty dollars damages.

faith not affected.

(3125.) SEC. 7. The omission of any officer to give the notice Purchaser in good of sale required in this chapter, or the taking down or defacing any such notice when put up, shall not affect the validity of any sale made to a purchaser in good faith, without notice of such omission, taking down or defacing.

purchase.

(3126.) SEC. 8. The Sheriff or other officer to whom any oficer not to execution shall be directed, and the deputies of such officers, shall not, directly or indirectly, purchase or be interested in the purchase of any real estate, at any sale by virtue of such execution.

Lots to be sold

separate.

Wend., 522.

1 Gilman, 435. 16 Ill. Rep., 22

(3127.) SEC. 9. When any real estate offered for sale by virtue of any execution, shall consist of several known lots, tracts or parcels, such lots, tracts or parcels shall be separately 4 do 389. exposed for sale, and the defendant may direct which piece or parcel shall be first exposed for sale; and no more of such tracts or parcels shall be exposed for sale than shall appear necessary to satisfy the execution, with the costs and expenses of such sale.

Certificate of

(3128.) SEC. 10. Upon the sale of any real estate by virtue of an execution, the officer making the same shall make and subscribe as many certificates as may be necessary of such sale, containing:

1. A particular description of the premises sold;

2. The price bid for each distinct lot or parcel sold;

3. The consideration money paid for each lot or parcel; and:

4. The time when such sale shall become absolute, and the purchaser or purchasers will be entitled to a deed, as hereinafter provided.

(3129.) SEC. 11. One of the said certificates shall, within ten days after such sale, be filed by the officer making the sale, in the office of the Register of Deeds of the county in which the sale was made, and one such certificate shall be delivered to each purchaser at said sale.

(3130.) SEC. 12. Such original certificate, or a copy thereof duly certified by the Register of Deeds in whose office such original was filed, shall be received as presumptive evidence of the facts therein set forth.

(3131.) SEC. 13. Within one year from the time when such sale shall have been made, the real estate so sold, or any distinct lot, tract or portion that may have been separately sold, may be redeemed by the payment to the purchaser, his personal representatives or assigns, or to the officer who made such sale, or to the Register of Deeds in whose office such certificate is filed, for the use of such purchaser, of the sum of money which was bid on the sale of such lot or tract, together with the interest on that sum from the time of sale.

(3132.) SEC. 14. Such redemption may be made :

1. By the person against whom the execution was issued, and whose right and title were sold in pursuance thereof; or:

2. If such person be dead, by his devisee of the premises sold, if the same shall have been devised; and if the same shall not have been devised, by the executor or Administrator, with the approbation of the Judge of Probate, or by the heirs of such person; or:

3. By any grantee of such person, who shall have acquired an absolute title by deed, sale under mortgage, or under an execution, or by any other means, to the premises sold, or to any lot, tract, parcel or portion which shall have been separately sold;

4. By the purchaser of the title and right of redemption of the person against whom the execution issued. (a)

may redeem and tion in certain

(3133.) SEC. 15. Any heir or devisee of the person against Heir or devises whom the execution was issued, and any grantee of such per- enforce contribu son who shall have acquired an absolute title to a portion of cases. the estate sold, or to a portion of any lot, tract or parcel that shall have been separately sold, or the executor or Administrator of such person, with the approbation of the Judge of Probate, may redeem the lot, tract or parcel so sold, on the same terms and in the same manner as if he were grantee of the whole lot, tract or parcel, and shall have the same remedy to enforce contribution from those who shall own the residue of such lot, tract or parcel, as if the sum required to be paid by him to effect such redemption had been collected by a sale of the portion belonging to such grantee.

may be redeem

(3134.) SEC. 16. If there be several persons having undi- Undivided shares vided shares, as joint tenants, or tenants in common, in the ed. premises sold, or in any particular lot or tract sold, each person having such title may redeem the share or interest belonging to him, by paying to the purchaser, or to the officer, as herein directed, a sum that will bear the same proportion to the whole purchase money bid for such premises, or for such particular lot or tract, as the share proposed to be redeemed bears to the whole number of shares of such premises, or lot or tract, together with the interest on such sum.

demption.

(3135.) SEC. 17. Upon such payment being made by any Sale void on reperson so entitled to redeem any real estate so sold, as provided in the preceding sections of this chapter, the sale of the premises so redeemed, and the certificate of such sale, to the extent of the premises or shares so redeemed, shall be null and void.

ing right of pur

(3136.) SEC. 18. In case the persons entitled as hereinbefore Time for acquir provided, shall omit to redeem the premises so sold, or any chaser. part of them, within the year above prescribed, then the interest vested in the purchaser by such sale may be acquired within three months after the expiration of such year, by the persons, and on the terms hereinafter prescribed.

purchaser may

(3137.) SEC. 19. Any creditor of the person against whom By whom right of such execution issued, having in his own name, or as assignee, be acquired. representative, Trustee or otherwise, a decree in Chancery, or a judgment at law rendered at any time before the expira

14 I. Rep., 410.

(a) As Amended by Act No. 206 of 1848. Laws of 1848, p. 313, Sec. 9.

Order to show

cause.

Service, etc., of order.

When certificate

of Superintend

cessary.

(3100.) SEC. 7. If it shall appear to the Court from such petition, that it is necessary, or would be beneficial to the ward, that such real estate or some part of it should be sold, the Court shall thereupon make an order, directing the next of kin of the ward, and all persons interested in the estate, to appear before such Court at the time and place therein to be specified, not less than four nor more than eight weeks from the time of making such order, to show cause why a license should not be granted for the sale of such estate.

(3101.) SEC. 8. A copy of such order shall be personally served on the next of kin of such ward, and on all persons interested in the estate, at least fourteen days before the hearing of the petition, or shall be published at least three successive weeks in such newspaper circulating in the county as the Court shall specify in such order.

(3102.) SEC. 9. No such license shall be granted for the sale ent of Poor ne- of any real estate of a ward, excepting that of a minor, unless the Superintendents of the Poor of the county in which the ward is an inhabitant shall certify in writing their approbation of the proposed sale.

Hearing of petition.

Guardian, etc.

(3103.) SEC. 10. The Judge of Probate, at the time and place appointed in such order, or at such other time as the hearing shall be adjourned to, upon proof of the due service or publication of the order, and upon filing the certificate of approbation of the Superintendents of the Poor, when necessary, shall hear and examine the proofs and allegations of the petitioner, and of the next of kin, and all other persons interested in the estate, who shall think proper to oppose the application.

Examination of (3104.) SEC. 11. On such hearing the guardian may be examined on oath, and witnesses may be produced and examined by either party, and process to compel their attendance and testimony may be issued by the Judge of Probate, in the same manner, and with like effect as in other

When license to be granted.

cases.

(3105.) SEC. 12. If, after a full examination, it shall appear to the Court, either that it is necessary, or that it would be for the benefit of the ward, that the real estate, or any part of it should be sold, such Court may grant a license therefor, specifying therein whether the sale is to be made for the maintenance of the ward and his family, or for the education of the ward or his children, or in order that the proceeds may be put out or invested as aforesaid.

(3106.) SEC. 13. Every guardian licensed to sell real estate Bond to be given as aforesaid shall, before the sale, give bond to the Judge of by Guardian. Probate, with sufficient surety or sureties, to be approved by such Judge, with condition to sell the same in the manner prescribed by law for sales of real estate by executors and Administrators, and to account for, and dispose of the proceeds of the sale, in the manner provided by law.

oath before fixing

of sale.

(3107.) SEC. 14. Such guardian shall also, before fixing on Guardian to take the time and place of sale, take and subscribe an oath in time and place substance like that required in the preceding chapter, to be taken by an executor, Administrator or guardian, when licensed to sell real estate pursuant to the provisions of that chapter.

etc.

(3108.) SEC. 15. He shall also give public notice of the time Notice of sale, and place of sale, and shall proceed therein in like manner as is prescribed in the case of a sale by a guardian in the preceding chapter, and the evidence of the giving of such notice may be perpetuated in like manner, and with the same effect, as is provided in like cases in that chapter.

in force more

(3109.) SEC. 16. No license granted in pursuance of this License not to be chapter, shall be in force more than one year after granting than one year. the same.

Guardian may file

pointment.

(3110.) SEC. 17. When any minor, insane person or spend- When foreign thrift, residing without this State, shall be put under copy of his apguardianship in the State or country in which he resides, and shall have no guardian appointed in this State, the foreign guardian may file an authenticated copy of his appointment in the Probate Court, in any county in which there may be any real estate of the ward.

may be licensed

(3111.) SEC. 18. After filing such authenticated copy of his Foreign Guardian appointment, such foreign guardian may be licensed by the to sell. Probate Court of the same county, to sell the real estate of the ward in this State, in the same manner, and upon the same terms and conditions as are prescribed in this chapter in the case of a guardian appointed in this State, excepting in the particulars hereinafter mentioned.

ducting sale, etc.

(3112.) SEC. 19. Every foreign guardian so licensed to sell Manner of conreal estate, shall take and subscribe the oath required in the like case of guardians appointed in this State, and shall give notice of the time and place of sale, and conduct the same in the manner prescribed for guardians appointed here, and may perpetuate the evidence of notice in the same manner.