SEC. 9. This act to take effect and be in force from and after Take effect when. its publication; and, immediately upon its approval by the Governor, the Secretary of State shall publish an authenticated copy of the same once, in one newspaper, at the capital of this State, which shall constitute such publication. I hereby certify that the above bill became a law by publication in the "State Record," April 23, 1861. J. W. ROBINSON, Secretary of State. CHAPTER LXV. AN ACT to provide for the Redemption of Real Estate sold under Execution, Be it enacted by the Legislature of the State of Kansas : under execution sold demption, as previded. The SECTION 1. In all cases where real estate shall be sold under Real estate sold execution, order of sale, or other final process, the property shall be subject to redemption, as hereinafter provided. officer must give to the purchaser a certificate of the sale, proved or acknowledged, so that it may be recorded, containing: First, A particular description of the property sold. Second, The price bid for each distinct lot or parcel. Third, The whole price Duplicate filed by paid, a duplicate of which certificate must be filed by the officers making the sale, with the register of deeds of the county. officers making sale. May be redeemed as hereinafter SEC. 2. Property sold, subject to redemption, as provided in the preceding section, or any part sold separately, may be re- provided. deemed in the manner hereinafter provided by the following persons, or their successors in interest: First, The judgment debtor or his successor in interest, in the whole or any part of the property. Second, A creditor having a lien, by judgment or mortgage, of the property sold, or on some share thereof, subsequent to that on which the property was sold. The persons mentioned in this and the preceding subdivisions, other than the judgment debtor, are, in this act, termed redemptioners. may redeem with SEC. 3. The judgment debtor or redemptioner may redeem the Judgment debtor property from the purchaser within two years after the day of in two years." sale, on paying him the amount of his purchase, with interest, at Property redeemed by redemptioner. Judgment debtor may redeem. the rate of ten per cent. per annum; and, if he be, also, a cred- SEC. 4. If the property be redeemed by the redemptioner, either the judgment debtor or another redemptioner may, at any time within two years after the sale of such property, again redeem it from the last redemptioner, on paying the sum paid on his redemption, with interest, as aforesaid, and, unless his lien be prior to that of the preceding redemptioner, the amount of such lien, with interest, as aforesaid; but, if any redemptioner, other than the judgment debtor, redeem, within the two years after the sale thereof, the judgment debtor shall have thirty days after the within two years, expiration of the said two years, wherein to redeem. If no redemption is made within two years after the sale, the purchaser is entitled to a conveyance; or, if so redeemed, whenever thirty days have elapsed, after two years from the sale, 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 If debtor redeem deed. If the debtor or owner redeem, at any time before the sale is terminat time for redemption shall expire, the sale is terminated and he is restored to his estate. If not redeemed Conveyance to be made. before time of re demption expire, ed. Payment may be made to purcha ser. Redemptioner must proceed, how. Debtor to retain possession. SEC. 5. 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. SEO. 6. 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: First, A copy of the docket of the judgment under which he claims the right to redeem, certified to by the clerk of the court wherein the judgment is docketed; or, if he redeem, upon a mortgage or other lien, a note of the record thereof, certified by the register of deeds or other proper officer. Second, A copy of any assignment necessary to establish his claim, verified by the affidavit of himself, his agent or attorney, or of a subscribing witness thereto; and, Third, Affidavit of himself, his agent or attorney, showing the amount then actually due on the lien. SEO. 7. The debtor shall be entitled to retain possession of the premises sold, until the expiration of the time allowed for redemption; and the proper court, or the judge thereof, in vacation, may restrain the commission of waste on the property, by order granted, with or without notice, on the application of the J. T purchaser or judgment creditor; but it is not waste for the person in possession of the property at the time of the sale, or entitled to possession afterwards, during the period allowed for redemption, to continue to use it in the same manner in which it was previously used, or to use it in the ordinary course of husbandry, or to make the necessary repairs of buildings thereon, or to use wood or timber on the property therefor, or for the repair of fences, or for fuel in his family, while he occupies the property. If purchaser be cover price paid evicted may re SEC. 8. If the purchaser of real property sold on execution, or his successor in interest, be evicted therefrom in consequence of irregularity in the proceedings concerning the sale, or of the reversal or discharge of the judgment, he may recover the price paid, with interest, at the rate of ten per cent. per annum, from the judgment creditor; if the recovery was in consequence of the irregularity, [he] shall, therefore, be entitled to a new execution Be entitled to on the judgment for the price paid on the sale, with interest; and, for that purpose, the judgment shall be deemed valid against the judgment debtor, his personal representatives, heirs or devisors, but not against a purchaser in good faith, whose title or incumbrance accrued before a levy on such new execution. new execution. compel contribu SEC. 9. When property, liable to an exccution against several Any person may persons, is sold thereon, and more than a due proportion of the tion. judgment is laid upon the property of one of them, or one of them pays, without a sale, more than his proportion, he may compel contribution from the others; and when a judgment is against several, and is upon an obligation of one of them, as security for another, and the surety pays the amount, or any part thereof, either by sale of his property, or before sale, he may May compel recompel repayment from the principal; in such case, the person so paying or contributing, is entitled to the benefit of the judgment, to enforce contribution or repayment, if, within ten days after his payment, he file with the clerk of the court where the judgment was rendered, notice of his payment, and claim to contribution or repayment. Upon a filing of such notice, the clerk shall make an entry thereof in the margin of the docket. payment. SEC. 10. This act shall take effect and be in force from and Take effect when. after its publication. Approved June 4, 1861. When instruments of writing shall be valid. Records of Regis ter of City shall be delivered to CHAPTER LXVI. AN ACT to abolish the office of Register of Deeds of the City of Lawrence. Be it enacted by the Legislature of the State of Kansas: SECTION 1. That no instrument of writing affecting the title to real estate within the limits of the city of Lawrence, executed after the passage of this act, shall be of any validity as against subsequent purchasers, without notice, for a valuable consideration, unless recorded in the office of the Register of Deeds of the county in which said city of Lawrence is situated. SEC. 2. That, on or before the first day of September, A. D. County Register. 1861, the books of record, papers, and all other things appertaining to the office of Register of Deeds of the city of Lawrence, shall be delivered to the Register of Deeds of the county of Douglas, and become a part of the records of his office; and the said Register of Deeds of Douglas county shall, thereafter, be invested with all the powers and duties concerning the same, which have Douglas county. heretofore belonged to the Register of Deeds of the city of Law Powers of city register transferred to register of All records of conveyance legalized. Inconsistent acts are repealed. Take effect when. rence. SEC. 3. All records of conveyance of lots in the city of Lawrence, heretofore recorded in the office of Register of Deeds of Douglas county, [by] the Register of Deeds of the city of Lawrence, are hereby legalized and confirmed, provided the same shall, in other respects, conform to law. SEC. 4. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed. SEO. 5. This act to take effect and be in force from and after its publication. Approved May 20, 1861. I hereby certify that the above became a law, by publication in the Topeka "State Record," May 22, 1861. J. W. ROBINSON, Secretary of State. CHAPTER LXVII. AN ACT to Abolish the office of Register of Deeds of the city of Eudora, and provide for disposing of the same. [Be it enacted by the Legislature of the State of Kansas:] of writing shall SECTION 1. That no instrument of writing affecting the title When instrument to real estate within the limits of the city of Eudora, executed be valid. after the passage of this act, shall be of any validity as against subsequent purchasers, without notice, for a valuable consideration, unless recorded in the office of the Register of Deeds of the county in which said city of Eudora is situated. Records of regis ter of city shell be delivered to county register, SEC. 2. That, on or before the first day of August, A. D. 1861, the books of records, papers, and all other things appertaining to the office of Register of Deeds of the city of Eudora, shall be delivered to the Register of Deeds of the county of Douglas, and become a part of the records of his office; and the said Register of Deeds of Douglas county shall, thereafter, be invested Powers of oity with all the powers and duties concerning the same, which have red. heretofore belonged to the Register of Deeds of the city of Eudora. register transfer [SEC. 3.] This act to take effect and be in force from and Take effect when: after its publication. Approved June 4, 1861. CHAPTER LXVIII. AN ACT to declare Madison Puett Register of Deeds for Anderson county. Be it enacted by the Legislature of the State of Kansas : SECTION 1. That Madison Puett be and is hereby declared Register of Deeds for Anderson county, Kansas, with all the powers of a legally elected Register, and may hold his office until the general election in November, A. D. 1861, and until his successor is elected and qualified. Declaring Madi son Puett regis tex of deeds of Anderson county. SEC. 2. This act to take effect and be in force from and after Take effect when. its passage. Approved June 3, 1861. |