tion, his affidavit, to the effect, that the officer is dead; or has been removed; or, where he is a coroner, that he is no longer in office; or that after diligent search, the affiant has been unable to find him within the county; in which case, the money may be paid into court, by paying it to the county treasurer, to the credit of the cause, with like effect, as where it is paid to the sheriff, after a sale by the latter.

2. The provisions of section one thousand four hundred and fifty-five of this act, apply to a redemption, upon a sale made as prescribed in this section; and the officer, who sold the property, must attend, as the sheriff is therein required to attend. If he is not present, the redemption may be effected, as prescribed in that section, for redemption in a case, where the term of office of the sheriff, who made the sale, has expired.

§ 1478. If, when the period for redemption expires, a coroner, or a person specially appointed by the court, who has sold real property, by virtue of an execution, is dead, or has been removed, or, in the case of a coroner, if he is no longer in office, the court must, upon the application of a person entitled to a deed, appoint a person, to execute the deed accordingly.

ARTICLE FOURTH.

REMEDIES FOR FAILURE OF TITLE TO REAL PROPERTY SOLD AND TO ENFORCE CONTRIBUTION.

S1479. The purchaser of real property, sold by virtue of an execution, his heir, devisee, grantee, or assignee, who is evicted from the possession thereof, or against whom judgment is rendered, in an action to recover the same, may recover the purchase-money, with interest, from the person for whose benefit the property was sold, where the judgment was rendered, or the eviction occurred, in conseqence, either:

1. Of any irregularity in the proceedings concerning the sale; or

2. Of the judgment, upon which the execution was issued being vacated or reversed, or set aside for irregularity, or error in fact.

§ 1480. Where final judgment is rendered, against the defendant, in an action specified in subdivision first of the last section, the judgment, by virtue of which the sale was made, remains, in his favor, valid and effectual against the judgment debtor therein, his executor, administrator, heir or devisee, for the purpose of collecting the sum paid on the sale, with interest. He may accordingly have a further execution upon that judgment; but the execution does not affect a purchaser in good faith, or an incumbrancer by mortgage, judgment or otherwise, whose title or whose incumbrance accrued before the actual levy thereof.

§ 1481. Where the real property of two or more persons

slable to samisty a judgment, and the whole of the judgment, Tmore una &e proportion thereof, has been "collected, yame of the real property of one or more of them, by rme of an execution issued upon the judgment; the person so aggrieved, or his executor or administrator, may maintain an action, to ccapel a just and equal contribution by all the persons, whose real property ought to contribute as prescribed the next section but one.

$1482. Where the heir, devisee, or grantes, of a judg ment debtor, having an absolute title to s distinct puréed or real property, sold by virtue of an execution, redeeme, 94 prescribed in section one thousand four hundred sort ofly eight of this act, the property sold, or any part or porteflers f separately sold, which include his property bus met, in like manner maintain an action, to compel a just and expl contribution by those, who own the residue of the property thus redeemed.

§1483. Where an action is brought, as presribead in The last two sections, the real property is liable for contribution in the following order:

1. If it comprises different undivided sharks in diethod pur cels, which have been conveyed by the judgment debba, fling are liable in succession, commencing with the protien luot post veyed.

2. If it comprises different undivided shares or defind pur cels, which have been sold by virtue of twood news term tions, they are liable in succession, amming with the portion sold under the last and youngest judgment

3. If it comprises different undivided sharks or diefland pr cels, some of which have been conveyed by the judgment debtor, and some of which have been sold by virtus of cans op more executions, they are respectively liable in summeetin according to the order prescribed in the first and secund eul' divisions of this section.

§ 1484. For the purpose of enforcing contribution, ma prescribed in the last section, the court, in which the union is brought, may, and in a proper case, must, permit the plan tiff to use the original judgment, and to collect, by an acry tion issued thereupon, out of any real property subject to the lien thereof, the sum which ought to be contributed by hub property. For that purpose the lien of the original judgment, upon that real property, when preserved, as prescribed in the next section, continues, for the term prescribed in sections ons thousand two hundred and fifty-one and one thousand two hundred and fifty-five of this act, to the extent of the sun, which ought to be so contributed, notwithstanding the pay ment made by the party seeking contribution,

§ 1485. The lien of the original judgment may be preserved, as prescribed in the last section, by filing, in the clerk's office of the county where the real property is situated, within twenty days after the payment, for which contribution is claimed, an affidavit, in behalf of the person aggrieved, stating the sum paid, and his claim to use the judgment for the reimbursement thereof, with a notice, requiring the clerk to make the entries specified in the next section. But the lien is not preserved, as against a grantee or mortgagee in good faith, for a valuable consideration, without notice, and before the entries are actual1 de.

22, ALb. N. C. 73.

45 Hun, 133.

§ 1486. On filing the affidavit and notice, the clerk must make, upon the docket of the judgment, an entry, stating the sum paid, and that the judgment is claimed to be a lien to that amount. Where it is desired to preserve the lien, upon property situated in two or more counties, a similar affidavit and notice must be filed with, and a similar entry made by, the clerk of each county.

§ 1487. [Am'd 1879.] Where a judgment can be enforced by execution, as prescribed in section one thousand two hundred and forty of this act, an execution, against the person of the judgment debtor, may be issued thereupon, subject to the exception specified in the next section, in either of the following cases.

1. Where the plaintiff's right to arrest the defendant depends upon the nature of the action.

2. In any other case, where an order of arrest has been granted and executed in the action, and if it was executed against the judgment debtor where it has not been vacated.

§ 1488. [Am'd 1879.] But an execution cannot be issued against the person of a woman, unless an order of arrest has been granted and executed in the action, and if it was executed against the judgment debtor, has not been vacated.

$1489. Unless the judgment debtor is actually confined, without having been admitted to the liberties of the jail, by virtue of an execution against his person, issued in another action, or of an order of arrest or a surrender by his bail, in the same action, an execution against his person cannot be issued, until an execution against his property has been returned, wholly or partly unsatisfied. If he is a resident of the State, the execution against his property must have been issued to the county where he resides.

§ 1490. An execution against the person of the judgment debtor cannot be issued, without leave of the court, while an execution against his property, issued in the same action, remains unreturned; and an execution against his property cannot be issued, without leave of the court, while an execution against his person, issued in the same action remains unreturned.

$ 1491. Where a judgment debtor has been taken, and remains in custody, by virtue of an execution against his person, another execution cannot be issued, in the same action, against his person or his property, except in a case specially prescribed by law.

$1492. If a judgment debtor escapes, after having been taken, by virtue of an execution against his person, he may

of a new execution against his person; est his property may be issued, is if the of which he was taken, had been returned, VERING US Bing been taken

$ 1493. Where a judgment debtor, who has been taken e of an execution against his person, dies while in MELIT, & DET execution against his property may be isntied, as the execution, by virtue of which he was taken, had been returned without his having been taken.

1494 At any time after a judgment debtor has re mined a custody, by virtue of an execution against his per son for the space of thirty days, the judgment creditor my serve upon the sheriff a written notice, requiring him to dis charge the jad_ment debtor from custody, by virtue of the erect Whereupon the sheriff must discharge the judg best debtor, and return the execution accordingly. After service of such a notice, another execution, against the person of the judgment debtor, cannot be issued upon the judgment; but after his discharge, the judgment creditor may otherwise enforce the judgment, as if the execution, from which he was discharged, had been returned, without his having been taken

$1495. A new execution against property, issued in a case specified in the last two sections, cannot be enforced against an interest in real property, including a chattel real, which was purchased, in good faith, from the judgment deb tor, after the recovery of the judgment upon which it is issued; or which was sold by virtue of an execution, issued upon a previous or subsequent judgment.