scribed by section 656, for six weeks successively, in three public places of the town where the property is situated, and also where the property is to be sold, and publishing a copy thereof once a week for the same period, in a newspaper of the county, if there be one, or if there be none, and the property is not occupied by the judgment debtor, or by a tenant or purchaser under him, then in the state paper. After the first of July, 1860, such notice shall be a lien upon the property until the sale thereof, and the filing the certificate of the sale with the clerk of the county.

2 R. S., 366, § 21, 368, §§ 34 and 35.

§ 842. An officer selling without the notice prescribed by the last section, shall forfeit one hundred dollars to the aggrieved party, in addition to his actual damages, and a person, taking down or defacing the notice posted, if done before the sale or the satisfaction of the execution, and without the consent of the parties, shall forfeit fifty dollars; but the validity of the sale is not affected by either act.

See 2. R. S., 369, § 37 and 39, and 40.

§ 843. A sale must be made by auction, between nine o'clock in the morning and sunset; after sufficient property has been sold to satisfy the execution, no more must be sold; neither the officer holding the execution nor his deputy can purchase; when the sale is of personal property, capable of manual delivery, it must be within view of those who attend the sale, and be sold

in such parcels as are likely to bring the highest price; and when the sale is of real property, and consisting of several known lots, or parcels, they must be sold separately, or when a portion of such real property is claimed by a third person, and he requires it to be sold separately, such portion must be thus sold.

2 R. S. 367, § 23, 369, and § 36, 38.

§ 844. Upon a sale of real property, where the estate is less than a leasehold of two years unexpired term, the sale is absolute. In all other cases the property sold is subject to redemption as provided in the next five sections; the officer must give to the purchaser a certificate of the sale, proved or acknowledged so that it may be recorded, containing,

1. A particular description of the property sold: 2. The price bid for each distinct lot or parcel:

3. The whole price paid:

4. When subject to redemption, it must be so stated, a duplicate of which certificate must be filed by the of ficer with the clerk of the county.

2 R. S., 370, §§ 42, 43, 44.

§ 845. Property sold subject to redemption, as provided in the last section, or any part sold separately, may be redeemed, in the manner provided in the next four sections, by the following persons or their succes sors in interest:

1. The judgment debtor, or his successor in interest, in the whole or any part of the property.

2. A creditor, having a lien by judgment or mortgage on the property sold, or on some share or part thereof, subsequent to that on which the property was sold. The persons mentioned in the last four subdivisions, are in this chapter termed redemptioners.

§ 846. The judgment debtor, or a redemptioner, may redeem the property from the purchaser within sixty days after the sale, on paying him the amount of his purchase, and if he be also a creditor having a lien prior to that of the redemptioner, the amount of such lien, with interest.

§ 847. If, the property be so redeemed, by a redemptioner, either the judgment debtor or another redemptioner, may, within thirty days after the last redemption, again redeem it from the last redemptioner on paying the sum paid on his redemption, with interest, and, unless his lien be prior to that of the preceeding redemptioner, the amount of such lien, with interest. The property may be again, and as often as the debtor or owner, or any redemptioner is so disposed, redeemed from any redemptioner within thirty days after his redemption, and notice thereof filed with the sheriff. If no redemption is made in sixty days after the sale, the purchaser is entitled to a conveyance; or if so redeemed, whenever thirty days have elapsed, and no

redemption has been made and notified therein, the time for redemption has expired, and the last redemptioner is entitled to a sheriff's deed. If the debtor or owner redeem at any time before the time for redemption expires, the effects of the sale are terminated, and he is restored to his estate.

§ 848. The payment mentioned in the last two sections, may be made to the purchaser or redemptioner, as the case may be, or for him, to the officer who made the sale; and a tender of the money is equivalent to payment.

§ 849. A redemptioner must produce to the officer or person from whom he seeks to redeem, and file with his notice in the sheriff's office.

1. A copy of the docket of the judgment, under which he claims the right to redeem, certified by the clerk of the court or of the county, where the judgment is docketed, or if he redeem upon a mortgage or other lien, a note of the record thereof, certified by the clerk:

2. A copy of any assignment necessary to establish his claim, verified by the affidavit of himself or of a subscribing witness thereto and

3. An affidavit by himself or his agent showing the amount then actually due on the lien.

It has been for some years the policy of our laws to allow a redemption of real property upon sales on execution. 2 R. S. 370, § 45—62. Whether this policy is founded in sound principles, or even affords any benefit to the debtor, has been seriously questioned by judicious men. The Commissioners do not deem it expedient for them to propose to abolish redemptions, but there are some features in the existing system which are unnecessary, and so clearly indefensible that they have felt it a duty to endeavor, by a change, to make it more conducive to the real policy of the law: favor to an unfortunate debtor, and the appropriation of his property in such manner as to pay the largest possible amount of his debts.

The existing system presents the following, among other results:

It, in effect, delays the collection of a debt out of real property, for fifteen months after the sale;

It suspends the remedy of all junior judgment creditors against the same property for the same period;

If redeemed upon judgment or other lien, the redemption effects no payment on the lien debt, but the creditor takes the debtor's land by redemption, and keeps his debt against him also in full force, and may sell other property upon it in the same manner as if he had not redeemed; even if paid afterwards, the payment does not restore the land.

Although the provisions proposed by the Commissioners do not wholly obviate these objections, they at least have that tendency.

There seems no good reason for the great lapse of time heretofore allowed, nor for preventing the debtor from redeeming his land at any time while it is open for redemption to a creditor. The uncertainty whether the holder of the oldest lien will redeem, and the advantage of waiting until the last hour, in case he fails, has often led to subsequent litigation. The plan the Commissioners offer, partially obviates at least these objections.

§ 850. Until the expiration of the time allowed for redemption, the court may restrain the commission of