ceeds of the sale. Such a final judgment is binding and conclusive upon the same persons, upon whom a final judg ment for partition is made binding and conclusive by section 1557 of this act; and it effectually bars each of those persons, who is not a purchaser at the sale, from all right, title, and interest in the property sold. ART. 2. effect upon in § 1578. Such a final judgment is also a bar against each ra.; person, not a party, who has, at the time when it is ren- thereof dered, a lien on the undivided share or interest of a party, cumbran if notice was given to appear before the referee, and make proof of liens, as prescribed in section 1562 of this act. cers. expenses; § 1579. Where final judgment, confirming a sale, is ren- Costs and dered, the costs of each party to the action, and the ex- how paid. penses of the sale, including the officers' fees, must be deducted from the proceeds of the sale, and each party's costs must be paid to his attorney. But the court may, in its discretion, direct that the costs and expenses of any trial, reference, or other proceeding in the action, be paid out of the share of any party in the proceeds, or may render judg ment against any party therefor. Where a proportion of the proceeds is to be paid to, or invested for the benefit of, any person, as prescribed in any provision of this article, the amount thereof must be determined by the residue of the entire proceeds, remaining after deducting the costs and expenses chargeable against them. tion of § 1580. The proceeds of a sale, after deducting therefrom Distributhe costs and expenses chargeable against them, must be proceeds awarded to the parties whose rights and interests have been sold, in proportion thereto. The sum chargeable upon any share, to satisfy a lien thereon, must be paid to the creditor, or retained, subject to the order of the court; and the remainder, except as otherwise prescribed in this article, must be paid, by the officer making the sale, to the party owning TITLE 1. the share, or his legal representatives, or into court for his use. Shares of infants. Id.; of unknown sent own ers. § 1581. Where a party, entitled to receive a portion of the proceeds, is an infant, the court may, in its discretion, direct it to be paid to his general guardian, or to be invested in permanent securities, at interest, in the name and for the benefit of the infant. § 1582. Where a person has been made a defendant as and ab- an unknown person; or where the name of a defendant is unknown; or where the summons has been served upon a defendant without the State, or by publication, and he has not appeared in the action; the court must direct his portion to be invested in permanent securities, at interest, for his benefit, until claimed by him or his legal representatives. Id.; of tenants of particular estates. Court may require security § 1583. 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. § 1584. The court may, in its discretion, require any person, before he receives his portion of the proceeds of to refund. 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 there. after appears that he was not entitled thereto. Security to be § 1585. A security taken under any provision of this taken in article, except as otherwise specially prescribed therein, name of county treasurer. 28 must be taken in the name and official title of the county treasurer of the county in which the property sold is situa ted. 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. ART. 2 there § 1586. The court may, in its discretion, and upon such Action terms and conditions as justice requires, make an order, upon. allowing a person, interested in a security specified in the last section, to maintain an action thereupon in the name of the county treasurer. sation to partition § 1587. Where it appears that partition cannot be made Compenequal between the parties, according to their respective equalize 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 interests. will be promoted thereby. ings on parties. § 1588. If, upon the death of one of two or more plain- Proceedtiffs, or one of two or more defendants, in an action for death of 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. etc., may justed. § 1589. Nothing contained in this article prevents the Rents, court from adjusting, in the interlocutory or final judgment, be ador 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. TITLE 1. Partition by guar infant, 1590. Where an infant, idiot, lunatic, or habitual drunkdian of ard, holds real property, in joint tenancy or in common, commit the general guardian of the infant, or the committee of the lunatic, idiot, lunatic, or habitual drunkard, may apply to the tee of etc. Contents of petition. Court may supreme court, or to the county court of the county, or to a superior city court of the city, wherein the real property is situated, for authority to agree to a partition of the real property. § 1591. 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. The court may order notice of the application to be given to such persons as it thinks proper. § 1592. If, after due inquiry into the merits of the ap authorize plication, by a reference or otherwise, the court is of the partition. opinion that the interests of the infant, or of the idiot, Effect of releases. When lunatic, or habitual drunkard, will be promoted by the partition, it may make an order, authorizing the petitioner 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 shares of the other joint tenants or tenants in common. § 1593. 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. 1594. The people of the State may be made a party the State defendant to an action for the partition of real property, in ested. the same manner as a private person. In such a case, the summons must be served upon the attorney-general, who must appear in behalf of the people. ART. 3. fied copy ment § 1595. An exemplified copy of the judgment-roll, or of Exemplithe final judgment, in an action for partition, may be recorded, of judgin the office for recording deeds, in each county in which may be any real property affected thereby is situated. recorded. 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. tion of § 1596. An action for dower must be commenced by a Limita widow, within twenty years after the death of her husband; action for but if she is, at the time of his death, either dower. |