In what cases he may be ment debtor has property which he unjustly refuses to apply towards the satisfaction of the judgment, such Court or Judge may, by an order, require the judgment debtor to appear at a specified time and place before such Judge, or a referee appointed by him, to answer concerning the same; and such proceedings may thereupon be had for the application of the property of the judgment debtor toward the satisfaction. of the judgment as are provided upon the return of an execution. Instead of the order requiring the attendance of the judgment debtor, the Judge may, upon affidavit of the judgment creditor, his agent or attorney, if it appear to him that there is danger of the debtor absconding, order the Sheriff to arrest the debtor and bring him before such Judge. Upon What bail being brought before the Judge he may be ordered given. to enter into an undertaking, with sufficient surety, that he will attend from time to time before the Judge or referee, as may be directed, during the pendency of proceedings and until the final termination thereof, and will not in the meantime dispose of any portion of his property not exempt from execution. In default of entering into such undertaking he may be committed to prison. may be of the debtor may pay the latter's creditor. 716. (§ 240.) After the issuing of an execution Any debtor against property, and before its return, any person judgment 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. Examination of debtors of debtor, or having judgment of those 717. (§ 241.) 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, or upon proof by affidavit or otherwise, to the satis- belonging property to him. Witness required to testify. Judge may order property to be applied on execution. Proceedings upon claim of another party to property, or on denial of indebtedness to judgment debtor. Disobedience of faction of the Judge, that any person or corporation has property of such judgment debtor, or is indebted to him in an amount exceeding fifty 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 before him, or a referee appointed by him, and answer concerning the same. 718. ($242.) Witnesses may be required to ap pear and testify before the Judge or referee, upon any proceeding under this Chapter, in the same manner as upon the trial of an issue. 719. (§ 243.) The Judge or referee may order any property of a judgment debtor, not exempt from execution, in the hands of such debtor or any other person, or due to the judgment debtor, to be applied towards the satisfaction of the judgment. 720. (§ 244.) 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 him, or denies the debt, the Court or Judge may authorize, by an order made to that effect, the judgment creditor to institute an action against such person or corporation, for the recovery of such interest or debt; and the Court or Judge may, by order, forbid a transfer or other disposition of such interest or debt, until an action can be commenced and prosecuted to judgment. Such order may be modified or vacated by the Judge granting the same, or the Court in which the action is brought, at any time, upon such terms as may be just. 721. (§ 245.) If any person, party, or witness orders, how disobey an order of the referee, properly made, in the proceedings before him under this Chapter, he may punished. be punished by the Court or Judge ordering the reference, for a contempt. TITLE X. ACTIONS IN PARTICULAR CASES. CHAPTER I. Actions for the foreclosure of mortgages. II. Actions for nuisance, waste, and willful trespass, in certain cases, on real prop erty. III. Actions to determine conflicting claims to V. Actions for the usurpation of an office or VI. Of actions against steamers, vessels, and CHAPTER I. ACTIONS FOR THE FORECLOSURE OF MORTGAGES. SECTION 726. Proceedings in foreclosure suits. 727. Surplus money to be deposited in Court. 728. Proceedings when debt secured falls due at different ings in suits. 726. (§ 246.) There can be but one action for the Proceedrecovery of any debt, or the enforcement of any right foreclosure secured by mortgage upon real estate or personal property, which action must be in accordance with the provisions of this Chapter. In such action, the Court may, by its judgment, direct a sale of the incumbered property (or so much thereof as may be necessary), and the application of the proceeds of the sale to the payment of the costs of the Court and the expenses of the sale, and the amount due to the plaintiff; and if appear from the Sheriff's return that the proceeds it Same. Surplus money to be deposited in Court. Proceedings when debt secured are insufficient, and a balance still remains due, judgment can then be docketed for such balance against the defendant or defendants personally liable for the debt, and it becomes a lien on the real estate of such judgment debtor, as in other cases on which execution may be issued. No person holding a conveyance from or under the mortgagor of the property mortgaged, or having a lien thereon, which conveyance or lien does not appear of record in the proper office at the time of the commencement of the action, need be made a party to such action; and the judgment therein rendered, and the proceedings therein had, are as conclusive against the party holding such unrecorded conveyance or lien as if he had been made a party to the action. 727. ($247.) If there be surplus money remaining, after payment of the amount due on the mortgage, lien, or incumbrance, with costs, the Court may cause the same to be paid to the person entitled to it, and in the meantime may direct it to be deposited in Court. 728. (§ 248.) If the debt for which the mortgage, lien, or incumbrance is held is not all due, so soon as falls due at sufficient of the property has been sold to pay the different times. amount due, with costs, the sale must cease; and afterwards, as often as more becomes due, for principal or interest, the Court may, on motion, order more to be sold. But if the property cannot be sold in portions, without injury to the parties, the whole may be ordered to be sold in the first instance, and the entire debt and costs paid, there being a rebate of interest where such rebate is proper. CHAPTER II. ACTIONS FOR NUISANCE, WASTE, AND WILLFUL TRESPASS, IN SECTION 731. Nuisance defined, and actions for. 732. Waste, actions for. 733. Trespass for cutting or carrying away trees, etc., actions 734. Measure of damages in certain cases under the last section. 735. Damages in actions for forcible entry, etc., may be trebled. defined, for. 731. (§ 249.) Anything which is injurious to health, Nuisance or indecent, or offensive to the senses, or an obstruc- and actions tion to the free use of property, so as to interfere with the comfortable enjoyment of life or property, is a nuisance, and the subject of an action. Such action may be brought by any person whose property is injuriously affected, or whose personal enjoyment is lessened by the nuisance; and by the judgment the nuisance may be enjoined or abated, as well as damages recovered. actions for. 732. (§ 250.) If a guardian, tenant for life or Waste, years, joint tenant, or tenant in common of real property, commit waste thereon, any person aggrieved by the waste may bring an action against him therefor, in which action there may be judgment for treble damages. 733. (§ 251.) Any person who cuts down or carries off any wood or underwood, tree, or timber, or girdles or otherwise injures any tree or timber on the land of another person, or on the street or highway in front of any person's house, village, or city lot, or cultivated grounds; or on the commons or public grounds of any city or town, or on the street or highway in front thereof, without lawful authority, is liable to the owner of such land, or to such city or town, for treble Trespass for cutting or carrying etc., actions away trees, for. |