cate of redemption to the party so redeeming the same and the said sale and the certificate thereupon granted shall become null and void. Legislation. Sec. 6868. Act of 1894 p. 55 § 8, cited under § 6860. 6869. Redemption by judgment creditor. SEC. 10. After the expiration of six months, and at any time before the expiration of nine months from the sale of any lands or tenements under the provisions of the preceding sections hereof, it shall be lawful for any judgment creditor to redeem the same in the manner following: Such judgment creditor shall sue out an execution upon his judgment, and place the same in the hands of the proper officer to execute, and thereupon said officer shall endorse upon the back of said execution a levy upon the lands or tenements which said judgment creditor may wish to redeem, and said judgment creditor shall pay to the trustee selling the same. the amount of money required to redeem from said sale, upon the payment of which a certificate of redemption shall be issued to such judgment creditor who shall file and cause the same to be recorded in the office of the recorder of the county wherein the premises are situate, whereupon the officer making the levy aforesaid shall proceed to sell the same in the manner now provided by law for sales under judgment and execution. Legislation. Sec. 6869. Act of 1894 p. 55 § 9, cited under § 6860. 6870. When deed shall be executed. SEC. 11. Any judgment creditor, having so redeemed such lands shall be considered as having bid at such sale the amount of said redemption money, so paid by him, and interest thereon. from the date of such redemption to the day of sale; and if no bid. greater than said amount shall be offered, the lands shall be struck off and sold to such judgment creditor or creditors, and a deed thereof shall forthwith be executed by such officers to such creditor or creditors, and no other redemption shall be allowed; but if another and higher bid shall be made therefor, and the lands sold for more than the amount of said redemption money and interest, as last aforesaid, the excess over and above the amount of the same shall be applied as a credit on the execution under which the redemption shall have been made, and a certificate of purchase shall be executed to the new purchaser, in the manner herein before prescribed for a deed of said land so sold, within sixty days from the date of such sale, unless the same shall be redeemed in the meantime in the manner herein prescribed, by some other judgment creditor; and if such lands shall be redeemed from said second purchaser, the same shall be done in the same manner and upon the same terms, and the officer shall proceed in the same mode to offer the said lands for sale as herein before required in the case of the first redemption; and such lands may be successively redeemed within every period of sixty days, as long as there shall be a judgment creditor disposed to redeem the same, on the terms and in the manner aforesaid; and after the lapse of any period of sixty days without redemption, it shall be the duty of the officer who last sold such lands on the execution under which the same shall have been last redeemed, or his successor in office to execute a deed for the lands so sold, to the last purchaser, in like manner as other deeds of lands sold on execution are made. Legislation. Sec. 6870. Act of 1894 p. 56 § 10, cited under § 6860. 6871. Creditor may redeem portions. SEC. 12. Any judgment creditor or creditors may redeem the whole or any part or portion of the lands or tenements previously sold upon execution; Provided, Such redemption shall be made in the like distinct quantities or parcels in which the same were sold. Legislation. Sec. 6871. Act of 1894 p. 57 § 11, cited under § 6860. 6872. Assignment of certificate-Notice. SEC. 13. Every certificate which shall be given by any person who shall make sale as aforesaid, under the provisions of this act, shall be assignable by endorsement thereon under the hands of such purchaser, his, her or their heirs, executors, administrators or assigns, and every person to whom the same shall be so assigned shall immediately notify the trustee of such assignment, w shall make a record thereof and thereupon, the assignee shall be entitled to the same benefits therefrom in every respect that the person therein named would have been if the same had not been assigned; and in case the lands and tenements mentioned in such certificate shall not be redeemed in pursuance of this act shall be entitled to a deed thereof. Legislation. Sec. 6872. Act of 1894 p. 57 § 12, cited under § 6860. 6873. Execution of deed after lapse of redemption period. SEC. 14. The said trustee shall, upon demand by the person holding the said certificate of purchase, when said demand is made and time for redemption has expired, make and execute to him a deed of the lands and tenements sold, which deed shall be in form as is provided in the trust deed granting the power to make such sale. Legislation. Sec. 6873. Act of 1894 p. 57 § 13, cited under § 6860. 6874. Deputy trustee-Successor in office. SEC. 15. Each and every public trustee may appoint a deputy who shall have the same power and authority and shall perform the duties of said office during the absence or disqualification, through any cause, of his principal. If any trustee shall die, resign or be removed from office, or his term of office expire after selling any real estate under the term of any deed of trust and before executing a certificate of redemption or deed for the same, his uccessor being in office shall execute such certificate or deed in the same manner that the trustee making such sale might have done. Legislation. Sec. 6874. Act of 1894 p. 57 § 14, cited under § 6860. 6875. Fees charged against grantor. SEC. 16. All fees, charges and costs of every kind and nature incurred under the provisions of this act, shall be a charge against the grantor, or those holding under him, and shall be deducted from the proceeds of any sale or foreclosure, made in pursuance of this act. Legislation. Sec. 6875. Act of 1894 p. 58 § 15, cited under § 6860. 6876. Saving clause. SEC. 17. This act shall not affect in any way, form or manner any deed of trust containing a power of sale, which shall have been executed, delivered and recorded prior to the time when this act shall take effect nor the extension of any indebtedness secured by deed of trust made, executed and recorded prior to the taking effect of this act, but such deed of trust so recorded may be foreclosed as therein provided, whether to secure original indebtedness or extension thereof. Legislation. Sec. 6876. Act of 1894 p. 58 § 16, cited under § 6860. CITATIONS. An agreement accepting new obligors and changing the medium of payment to gold coin did not take a trust deed out of the provisions of this section.-Brewer v. Harrison, 27 C. 351, 62 P. 225. 6877. Duplicate certificate issue in case of loss of original. SEC. 18. Where the holder of any certificate of purchase shall lose the same, he shall at once notify the trustee of such loss, and shall also give public notice in a newspaper of general circu lation published in the county where said property is situate at least once a week for eight consecutive weeks. Whereupon it. shall be lawful for the said trustee to issue a duplicate certificate upon the filing of a bond to said trustee in a sum double the amount of that named in the original certificate, to be approved by the said trustee, and said certificate to bear upon its face the word "Duplicate" in red ink. Legislation. Sec. 6877. Act of 1894 p. 58 § 17, cited under § 6860. 6878. County commissioners furnish supplies. SEC. 19. The board of county commissioners shall furnish at the expense of the county, all books, blanks and stationery necessary for the use of the trustee in carrying out the provisions of this act. Legislation. Sec. 6878. Act of 1894 p. 58 § 18, cited-under § 6860. RELEASE. 6879. When trust deeds shall be released. SEC. 20. That deeds of trust to the public trustee, upon the compliance with the provisions of such deeds of trust, shall be released by the public trustee upon the request of the beneficiary of such trust deed, or the agent or attorney of said beneficiary, and upon the production of the cancelled note or other evidence of indebtedness secured by said deed of trust, or upon proof satisfactory to the public trustee that the indebtedness secured by said trust deed has been paid, or that the purposes of said trust have been fully satisfied. Legislation. Sec. 6879. Act of 1907 p. 607 § 1, entitled: AN ACT Concerning the Release of Deeds of Trust by the Public Trustee. 6880. Effect of release or partial release before maturity of note. SEC. 21. The recital in any release or partial release of any deed of trust affecting the title to real estate in this state, of the payment or partial payment of the indebtedness secured by such deed of trust so released, when such release deed shall be executed before the maturity of the note or indebtedness so s secured. shall be evidence of such payment, so as to give full effect to such release, if duly and legally executed by the proper trustee according to the purport thereof, as to subsequent purchasers or incumbrances of the property mentioned in such release deed, and of all such property or real estate, the title to which may be affected or sought to be affected by such release deed, to the same extent and with the same force as the release of any trust deed or deed of trust when executed after the maturity of the note or indebtedness thereby intended to be released. Legislation. Sec. 6880. Act of 1893 p. 473 § 1, entitled: Relating to the Release of Deeds of Trust. CITATIONS. This section has no retroactive effect and does not apply to deeds executed prior to its adoption.-Harker v. Scudder, 15 A. 76, 61 P. 199. |