act, and upon such payment he shall thereupon be exempt from all liability on account thereof. From Id., § 65. Am'd by ch. 39 of 1889; ch. 365 of 1891 and ch. 203 of 1893. § 1583. Id.; of tenants of particular estates. Where a portion of the proceeds, representing an undivided share or interest, is invested for the benefit of a tenant for life, or for years, or of a widow, as prescribed in the foregoing provisions of this article, the court must cause it to be invested in permanent securities, at interest, and the interest to be paid, from time to time as it accrues, to the person for whose benefit it is invested, while his or her right continues. From Id., § 66. See § 1563. § 1584. Court may require security to refund. The court may, in its discretion, require any person, before he receives his portion of the proceeds of the sale, to give such security as it directs, to the people, or to such parties or other persons as it prescribes, to refund the same, or a portion thereof, with interest, if it thereafter appears that he was not entitled thereto. From Id., § 67. § 1585. Security to be taken in name of county treas urer. A security taken under any provision of this article, except as otherwise specially prescribed therein, must be taken in the name and official title of the county treasurer of the county in which the property sold is situated. He, and his successors in office, must hold the same for the use and benefit of the persons interested, subject to the order of the court. From Id., § 68. See § 745 § 1586. Action thereupon. The court may, in its discretion, and upon such terms and conditions as justice requires, make an order, allowing a person, interested in a security specified in the last section to maintain an action thereupon in the name of the county treasurer. From Id., § 71. See $$ 745-754 § 1587. Compensation to equalize partition. Where it appears that partition cannot be made equal between the parties, according to their respective rights, without prejudice to the rights or interests of some of them, the final judgment may award compensation to be made by one party to another for equality of partition. But compensation cannot be so awarded against a party who is unknown, or whose name is unknown. Nor can it be awarded against an infant, unless it appears, that he has personal property sufficient to pay it, and that his interest will be promoted thereby. From Id., § 83. § 1588. Proceedings on death of parties. If, upon the death of one of two or more plaintiffs, or one of two or more defendants, in an action for partition, the interest of the decedent in the property passed to a person, not a party to the action, the latter may be made defendant by the order of the court; and a supplemental summons may be issued, to bring him in accordingly. From 2 R. S. 387, Part 3, ch. 7, tit. 1, parts of §§ 6 and 7. § 1589. Rents, etc., may be adjusted. Nothing contained in this article prevents the court from adjusting, in the interlocutory or final judgment, or otherwise, as the case requires, the rights of one or more of the parties. as against any other party or parties, by reason of the receipt, by the latter, of more than his or their proper proportion of the rents or profits of a share, or part of a share. See § 1666, § 1590. Partition by guardian of infant, committee of lunatic, etc. When an infant, idiot, lunatic, or habitual drunkard, holds real property in joint tenancy or in common, the general guardian of the infant, or the committee of the idiot, lunatic or habitual drunkard, may apply to the supreme court, or to the county court of the county, wherein the real property is situated for authority to agree to a partition of the real property. From 2 R. S. 330, 331, Part 3, ch. 5, tit, 3, §§ 86 and 89 (2 Edm. 341). See § 1154. Consol. Act. $ 1591. Contents of petition. Such an application must be by a petition, which must describe the real property proposed to be partitioned; must state the rights and interests of the several owners thereof; must specify the particular partition proposed to be made; and must be verified by affidavit. court may order notice of the application to be given to such persons as it thinks proper. From parts of Id., §§ 87 and 90. See 1154, Consol. Act. § 1592. Court may authorize partition. The If after due inquiry into the merits of the application by a reference or otherwise, the court is of the opinion that the interests of the infant, or of the idiot, lunatic or habitual drunkard will be promoted by the partition, it may make an order authorizing the partitioner to agree to the partition proposed, and in the name of the infant, or of the idiot. lunatic, or habitual drunkard, to execute releases of his right and interest in and to that part of the property which falls to the hares of the other joint-tenants or tenants in common. The court nay, in its discretion. for the furtherance of the interest of said infant, idiot, lunatic or habitual drunkard, direct partition to be so made is to set off to him or them his or their share in common with any of the other owners, provided the consent in writing thereto of such owners shall be first obtained. From parts of Id., §§ 87 and 90. § 1593. Effect of releases. Releases so executed have the same validity and effect, as if they were executed by the person in whose behalf they are executed and as if the infant was of full age, or the idiot, lunatic, or habitual drunkard was of sound mind, and competent to manage his affairs. From Id., 8 88a first sentence and § 91. § 1594. When the State is interested. The people of the State may be made a party defendant to an action for the partition of real property, in the same manner as a private person. In such a case, the summons must be served upon the attorneygeneral, who must appear in behalf of the people. From Id., §§ 92 and 93. § 1595. Exemplified copy of judgment may be recorded. An exemplified copy of the judgment-roll, or of the final judgment, in an action for partition, may be recorded in the office for recording deeds, in each county in which any real property affected thereby is situated. From ch. 182 of 1846, first sentence of § 2 (4 Edm. 438). ARTICLE THIRD. Action for Dower. SEC. 1596. Limitation of action for dower. 1603. Id.; against heirs, etc., aliening land. 1604. Action barred by assignment of dower 1605. Collusive recovery not to prejudice infant. 1606. Complaint. 1607. Interlocutory judgment for admeasurement. 1608. Oath of commissioners, etc., removal, filling vacancy. 1609. Dower, how admeasured. 1610. Report thereupon. 1611. Setting aside report. 1612. Fees and expenses. 1613. Final judgment. 1614. Plaintiff may recover sum awarded; court may modify judgment. 1615. Junior incumbrancers; not affected by admeasurement. 1616. Appeal not to stay execution, if undertaking is given. 1617. Plaintiff may consent to receive a gross sum. 1618. Defendant may consent to pay it; proceedings thereupon. 1619. Interlocutory judgment for sale. 1620. Id.; directing a part to be laid off. 1621. Liens to be ascertained. 1622. Id.; payment of; or sale subject to. 1623. Report of sale. 1624. Final judgment thereon. 1625. Certain provisions of article second made applicable. § 1596. Limitation of action for dower. An action for dower must be commenced by a widow within twenty years after the death of her husband, but if she is at the time of his death either 1. Within the age of twenty-one years, or 2. Insane, or 3. Imprisoned on a criminal charge, or in execution upon conviction of a criminal offence, for a term less than for life. i ne time of such a disability is not a part of the time limited by this section. And if at any time before such claim of dower has become barred by the above lapse of twenty years, the owner or owners of the land subject to such dower being in possession shall have recognized such claim of dower by any statement contained in a writing under seal subscribed and acknowledged in the manner entitling a deed of real estate to be recorded, or if by any judgment or decree of a court of record within the same time and concerning the land in question, wherein such owner or owners were parties, such right of dower shall have been distinctly recognized as a subsisting claim against said lands, the time after the death of her husband and previous to such acknowledgment in writing or such recognition by judgment or decree is not a part of the time limited by this section. From R. S. 742, Part 2, ch. 1, tit. 3, § 18 (1 Edm. 693). § 1597. Against whom action to be brought. Where the property in which dower is claimed is actually occupied the occupant thereof must be made defendant in the action. Where it is not so occupied. the action must be brought against some person exercising acts of ownership thereupon. or claiming title thereto, or an interest therein, at the time of the commencement of the action. From RS. 304, § 4. § 1598. Who may be joined as defendants. In either of the cases specified in the last section, any other person, claiming title to, or the right to the possession of the real property in which dower is claimed, may be joined as defendant in the action. From Co. Proc. § 118. See §§ 452, 1503. § 1599. Id.; where defendants claim in severalty. In an action to recover dower, in a distinct parcel of real property of which the plaintiff's husband died seized, or in all the real property which he aliened by one conveyance, all the persons in possession of. or claiming title to, the property, or any part thereof, may be made defendants, although they possess or claim title to different portions thereof in severalty. § 1600. Damages may be recovered; how estimated. Where a widow recovers, in an action therefor, dower in property of which her husband died seized. she may also recover in the same action, damages for withholding her dower, to the amount of one-third of the annual value of the mesne profits of the property, with interest: to be computed where the action is against the heir, from her husband's death, or where it is against any other person. from the time when she demanded her dower of the defendant; and, in each case to the time of the trial, or application for judgment. as the case may be; but not exceeding six years in the whole. The damages shall not include anything for the use of permanent improvements, made after the death of the husband. From R. S. 742, Part 2, ch. 1, tit. 3, §§ 19, 20, 21 (1 Edm. 694). § 1601. Id; in action against alienee of husband. Where a widow recovers dower. in a case not specified in the last section, she may also recover, in the same action, damages for withholding her dower. to be computed from the commencement of the action but they shall not include anything for the use of permanent improvements, made since the property was aliened by her husband. In all other respects, the same must be computed as prescribed in the last section. § 1602. Id.; where several parcels, etc. The last two sections do not authorize the recovery, against a defendant who is joined with others, of damages for withholding dower, in any portion of the property not occupied or claimed by him." See $ 1598, 1599. § 1603. Id.; against heirs, etc., aliening land. Where a widow recovers dower in real property aliened by the heir of her husband. she may recover, in a separate action against him, her damages for withholding her dower. from the time of the death of her husband to the time of the alienation, not exceeding six years |