Any person indebted to judgment 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 being brought before the judge he may be ordered to enter into an undertaking, with surety, that he will attend, from time to time, before the judge or referee, as shall be directed, during the pendency of the proceedings, and until the final determination 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. SEC. 340. After the issuing of an execution against property, and before its return, any person indebted to the judgment debtor may pay to the sheriff the amount debtor after of his debt, or so much thereof as may be necessary to debt to sheriff satisfy the execution, and the sheriff's receipt is a sufficient discharge for the amount so paid. execution is sues may pay by judge of debts due, or SEC. 341. After the issuing or return of an execution against property of a judgment debtor, or any one of several debtors in the same judgment, and upon proof, by affidavit or otherwise, to the satisfaction of the judge, Investigation that any person or corporation has property of such property be judgment debtor, or is indebted to him in an amount judgment 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. longing to debtor. The judge may also, by order, forbid a transfer or forbid trans- other disposition of the property of the judgment debtor Judge may fer of proper ty of judg not exempt from execution, and any interference there ment debtor. with. SEC. 342. Witnesses may be required to appear and Witness may be required testify before the judge or referee, upon any proceeding to testify ununder this chapter, in the same manner as upon trial of an issue. SEC. 343. The judge or referee may order any property of the 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; except, that the earnings of the debtor for his personal services, at any time within thirty days next preceding the order, shall not be so applied, when it shall be made to appear, by the debtor's affidavit or otherwise, that such earnings are necessary for the use of a family supported wholly or partly by his labor. der this chapter. Judge may ty applied on order proper execution. Procedure where an SEC. 344. If it appear that a person or corporation alleged to have property of the judgment debtor, or 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 other party 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. SEC. 345. If any person, party, or witness disobey an order of the referee, properly made, in the proceeding before him, under this chapter, he may be punished by the court or judge ordering the reference for a contempt. TITLE IX.-ACTIONS IN PARTICULAR CASES. CHAPTER I.-Actions for the Foreclosure of Mortgages. SEC. 346. There shall be but one action for the recovery of any debt, or the enforcement of any rights, secured by mortgage upon real estate or personal prop claims property of judgment debtor. Disobedience ishment for. of order, pun Procedure to mortgages. erty, which action shall be in accordance with the provisions of this chapter. In actions for the foreclosure, of mortgages, the court shall have the power, by its judgment, to direct a sale of the incumbered property (or as much as may be necessary), and the application of the proceeds of the sale to the payment of the costs of the court, and expenses of the sale, and the amount due to the plaintiff; and if it appear from the sheriff's return that the proceeds are insufficient, and a balance still remains due, judgment shall be docketed for such balance against the defendant, or defendants, personally liaforeclose ble for the debt, and shall then become a lien on the real estate of such judgment debtor, as in other cases in which execution may be issued... No person holding a conveyance from or under the mortgagor, or of the property mortgaged, or having a lien thereon, which conveyance does not appear on 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, shall be as conclusive against the party holding such unrecorded, conveyance or lien, as if he had been made a party to said action, and shall, in all respects, have the same force and effect. Disposition of surplus mon eys. SEC. 347. 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. SEC. 348. If the debt for which the mortgage, lien, or incumbrance is held be not all due, so soon as sufficient of the property has been sold to pay the amount due, with costs, the sale shall cease; and afterwards, as When debt 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. falls due at different times. CHAPTER II.—Actions for Nuisance, Waste, and Wilful Nuisances de SEC. 349. Anything which is injurious to health, or indecent or offensive to the senses, or an obstruction 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 fined, and acby 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. tions for. Waste-ac SEC. 350. If a guardian, tenant for life or years, joint tenant, or tenant in common of real property, commit waste thereon, any person aggrieved by the waste tions for. may bring an action against him therefor, in which action there may be judgment for triple damages. SEC. 351. Any person who shall cut down or carry off any wood or underwood, tree or timber, or girdle or otherwise injure 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 common or public grounds of any city or town, or on the street or highway in front thereof, without lawful authority, shall be liable to the owner of such land, or to such city or town, for treble the amount of damages which may be assessed therefor in a civil action in any court having jurisdiction. cutting or away timber. carrying Measure of damages un tion. SEC. 352. Nothing in the last section shall authorize the recovery of more than the just value of the timber taken from uncultivated woodland for the repair of the public highway or bridge upon the land or adjoining it. SEC. 353. If a person recover damages for a forcible or unlawful entry in or upon, or detention of, any building or any cultivated real property, judgment may be forcible entry entered for three times the amount at which the actual damages are assessed. Damages on or detainer. Action to deinterest in termine an real estate. CHAPTER III.-Actions Concerning Real Estate. SEC. 354. An action may be brought by any person in possession, by himself or his tenant, of real property, against any person who claims an estate or interest therein adverse to him, for the purpose of determining such adverse claim, estate, or interest. SEC. 355. If the defendant in such action disclaim When plain in his answer any interest or estate in the property, or suffer judgment to be taken against him without answer, the plaintiff shall not recover costs. tiff not to recover costs. Judgment in case plain tiff's title ter minate during suit. When value of improve ments al lowed as set off. SEC. 356. In an action for the recovery of real property where the plaintiff shows the right to recover at the time the action was commenced, but it appears that his right has terminated during the pendency of the action, the verdict and judgment shall be according to the fact, and the plaintiff may recover damages for withholding the property. SEC. 357. When damages are claimed for withholding the property recovered, upon which permanent improvements have been made by a defendant, or those under whom he claims, holding under cover of title adversely to the claims of the plaintiff, in good faith, the value of such improvements shall be allowed as a set-off against such damages. The court in which an action is pending for the recovery of real property or for damages for an injury thereto, or a judge thereof, or a county judge, may, on motion, upon notice by either party, for good cause Court may shown, grant an order allowing to such party the right to enter upon the property and make survey and measurement thereof, and of any tunnels, shafts, or drifts thereon, for the purpose of the action, even though entry for such purpose has to be made through other lands belonging to parties to the action. grant order to allow survey of real estate in action. Order for the survey. SEC. 358. The order shall describe the property, and a copy thereof shall be served on the owner or occupant ; and thereupon such party may enter upon the property, |