Shares of known infants. Shares of known and sent owners. un- Tenants in dower or for life, etc. Security to refund. In what names securities to be taken. and apply mo account. (4675.) SEC. 60. When any of such known parties are infants, the Court may, in its discretion, direct the shares of such infant to be paid over to the general guardian, or to be invested in permanent securities at interest, in the name and for the benefit of such infant. (4676.) SEC. 61. Where any of the parties whose interests have been sold are absent from the State, without legal representatives in this State, or are not known or named in the proceedings, the Court shall direct the shares of such parties. to be invested in permanent securities at interest, for the benefit of such parties, until claimed by them or their legal representatives. (4677.) SEC. 62. Where the proceeds of a sale belonging to any tenant in dower, or by the curtesy, or for life, shall be brought into Court as hereinbefore directed, the Court shall direct the same to be invested in permanent securities at interest, so that such interest shall annually be paid to the parties entitled to such estate, during their lives respectively. (4678.) SEC. 63. The Court may, in its discretion, require all or any of the parties, before they shall receive any share of the moneys arising from such sales, to give security to the satisfaction of such Court, to refund the said share with interest thereon, in case it shall thereafter appear that such party was not entitled thereto. (4679.) SEC. 64. When any security is directed to be taken by the Court, or any investment to be made, or any security shall be taken by a Master on the sale of any real estate as hereinbefore directed, except where provision shall be made for taking the same in the name of any known owner, the bonds, mortgages, or other evidences thereof shall be taken in the name of the Clerk of the Court in whose office the original bill was filed, and his successors in office, who shall hold the same by virtue of his office, and shall deliver them to his successor. Clerk to receive (4680.) SEC. 65. Such clerk shall receive the interest or neys, and render principal of any sums as they become due, and apply or reinvest the same, according to the circumstances of the case, as the Court shall direct; and shall, once in every year, render to the Court an account in writing, and on oath, of all moneys received by him, and of the application thereof. Investment, how made, etc. (4681.) SEC. 66. All investments, or reinvestments, under the provisions of this chapter, shall be made on bond and mortgage upon unincumbered real estate, of at least double the value of such investment, exclusive of buildings, or in other equivalent security; and no such security, bond, mortgage or other evidence of such investment, shall be discharged, transferred or impaired, by any act of the clerk, without the order of the Court entered in the minutes thereof. ties. (4682.) SEC. 67. Any person interested in such investment, Suits on securimay, with the leave of the Court, prosecute the same, in the name of the existing clerk, and no suit shall be abated by the death, removal from office, or resignation of the clerk to whom such securities or evidences were executed, or of any of his successors. how assessed and (4683.) SEC. 68. When a decree confirming the partition Costs of partition, made by any Commissioners, shall be entered as provided in collected." this chapter, the Court shall also adjudge and decree that each of the parties concerned therein, other than the complainants, pay to such complainants a proportion of the costs. and charges of the proceedings, to be ascertained by the Court, according to the respective rights of the parties, and the proportion of such costs and charges assessed upon the unknown owners, to be chargeable on the part remaining undivided; and upon such decree execution may issue as in other cases, and may be levied on the property of the parties respectively charged with such costs, and upon any share or part of the premises allotted on any such division to any owner unknown, or not named, and upon every portion remaining undivided, for the proportion adjudged to be paid by such owners, or chargeable to the part remaining undivided. (4684.) SEC. 69. A sale of the premises of such owner Sale of premises unknown, upon such execution, shall be as valid as if such er valid. owner had been named in the proceedings, and in such execution. of unknown own complainants on (4685.) SEC. 70. If a bill for partition shall be dismissed, or costs against the suit shall be discontinued, the complainants shall pay dismissal of bill, costs, to be collected as in other cases. etc. (4686.) SEC. 71. Any of the parties to a suit for the partition Appeal. or sale of any premises under the provisions of this chapter, and any party interested in the premises, though not named in the proceedings, may, jointly or separately, and without the consent of any co-complainant or co-defendant, appeal from any decree or order of the said Court, upon any such proceedings, within the same time, and under the like regulations, as in other cases. Partition or sale of Estates of in diana. (4687.) SEC. 72. Whenever it shall appear satisfactorily to fants by Guar- the Court, by due proof, or on report of a Master, that any infant holds real estate in joint tenancy, or in common, or in any other manner which would authorize his being made a party to a suit in partition, and that the interest of such infant, or of any other person concerned therein, requires that parti tion of such estate should be made, such Court may direct and authorize the general guardian of such infant to agree to a division thereof, or to a sale of such premises, or of such part thereof, as in the opinion of the Court shall be incapable of partition, or as shall be most for the interest of such infant to be sold. Report of Guardian and order for Conveyances. infants deemed (4688.) SEC. 73. Such guardian shall report to the Court, on oath, the partition or sale so made by him, and if the same be approved and confirmed by the Court, an order shall be entered authorizing such guardian to execute conveyances of the right of such infant to such part of the said estate as shall have been sold, to the purchaser thereof; or to execute releases of the rights of such infant to such part of the said estate, as in the division falls to the shares of the other joint tenants, or tenants in common. Ffect of deeds (4689.) SEC. 74. Such deeds shall be as valid and effectual wards of Court. to convey the share and interest of such infant, as if the same had been executed and duly acknowledged by such infant after arriving at full age; and in case of the sale of any part of such estate, the infant shall be deemed a ward of the Court, and such order shall be taken as the Court may direct, for securing, investing and applying the proceeds of the sale, and for requiring security from the guardian for that purpose. If infant a married woman, hus dian. (4690.) SEC. 75. Whenever such infant shall be a married band to be Guar- Woman, the Court may, upon petition, appoint her husband as her guardian, and in case of the appointment of the husband, the provisions of the three last preceding sections shall apply to such husband. Partition by Guardians of lunatics, etc. (4691.) SEC. 76. Whenever it shall appear to the Court, on the application of the guardian of any idiot, lunatic, spendthrift, or person mentally incapable of managing his affairs, holding any estate in joint tenancy or in common, or in any other manner to authorize his being made a party to a suit in partition, that the interest of such idiot, lunatic, or other person aforesaid, or of any of the parties interested in such estate, requires a partition thereof, it shall be referred to a Master in Chancery to inquire into and report upon the circumstances. to be authorized. (4692.) Sec. 77. Upon the coming in of the report, and a Releases, when hearing and examination of the matter, the Court may authorize such guardian to agree to a partition of such estate, and to execute releases of the right of such idiot, lunatic, or other person as aforesaid, in and to the shares of such estate falling to the other joint tenants, or tenants in common. (4693.) SEC. 78. Such releases shall be as valid and effectual Effect of releases. to convey the share of such idiot, lunatic or other person as aforesaid, as if the same had been executed by them respectively, when of sound mind and understanding, and not subject to guardianship, and for a valuable consideration. State is interes (4694.) SEC. 79. When any lands shall be held by the Partition when People of this State, and by individuals as tenants in common, ted. proceedings for the partition thereof may be had against the People of this State in the Circuit Court, in the same manner as against individuals, and the like orders and decrees shall be had therein, and the proportion of the costs and expenses of such partition, adjudged to be paid by the People of this State, shall be certified by the Attorney General, and paid out of the State Treasury on the warrant of the Auditor General. na, etc., on At (4695.) SEc. 80. The subpoena to answer, and all notices Service of Subpoe required to be served in other cases, shall be served on the torney General. Attorney General, who shall appear in behalf of the State, and attend to its interests. Statute of limit (4696.) SEC. 81. The authority given by this chapter to Claims barred by proceed for the partition of real estate, shall not authorize ations, etc. the revival or prosecution of any claim to lands which would, or otherwise might be barred by the statute of limitations, or by the acquiescence of any party having any such claim. (4697.) SEC. 82. Whenever partition shall be decreed by compensation for any Circuit Court, if it shall appear that it cannot be made quality of parti equal between the parties, without prejudice to the rights and interests of some of them, the Court may decree compensation to be made by one party to the other, for equality of partition, according to the equity of the case. 57 tion. R. S. of N. Y., Who liable to ac- When tenant lia ble after granting his Estate. Joint tenants and tenants in com men. Chapter One Hundred and Ten of Revised Statutes of 1846. (4698.) SECTION 1. If any guardian, or any tenant by the curtesy, tenant in dower, or for term of life or years, or the assigns of any such tenant, shall commit or suffer any waste during their several terms or estates, of the houses, gardens, orchards, lands or woods, or of any other thing belonging to the tenements so held, without having a lawful license in writing so to do, they shall respectively be liable to an action on the case for such waste. (4699.) SEC. 2. In case any such tenant shall let or grant his estate, and still retain possession thereof, and commit waste, the party entitled to the reversion of the tenements, may maintain his action on the case for such waste against such tenant. (4700.) SEC. 3. If one joint tenant, or tenant in common, shall commit waste of the estate held in joint tenancy or in common, he shall be subject to an action on the case for such waste, at the suit of his co-tenant or tenants. |