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brances by judgment, on any undivided share or interest in the premises sold, who shall have been served with notice as prescribed by section 939; and also against all persons having specific liens on any undivided share or interest therein, who shall have been made parties. to the action. But no creditor having such specific lien can be affected by the sale or conveyance unless he has been made party.

§ 964. When there are proceeds of sale, belonging to an unknown owner, or to a perso n without the state, who has no legal representative within it, or when there are proceeds arising from the sale of an estate, subject to the prior estate of a tenant in dower, or by the curtesy, or tenant for life, or years, which are paid into court, or deposited with an officer by order of the court, the same must be invested in securities on interest, for the benefit of the persons entitled thereto.

§ 965. When security for the proceeds of sale is taken, or when an investment of any such proceeds is made, it must be done, except as herein otherwise provided, in the name of the clerk of the county, where the papers are filed, and his successors in office, who shall hold the same for the use and benefit of the parties interested, subject to the order of the court.

§ 966. When security is taken by the referees on a sale, and the parties interested in such security, by an instrument in writing under their hands, delivered to the referees, agree upon the shares and proportions to

which they are respectively entitled, or when such shares and proportions have been previously adjudged by the court, such securities must be taken in the names of, and payable to, the parties respectively entitled thereto, and must be delivered to such parties upon their receipt therefor. Such agreement and receipt must be returned and filed with the clerk.

§ 967. The clerk, in whose name a security is taken, or by whom an investment is made, and his successors in office, must receive the interest and principal, as it becomes due, and apply and invest the same, as the court may direct, and must file in his office all securities taken, and keep an account, in a book provided and kept for that purpose in the clerk's office, free for inspection by all persons, of investments, and moneys received by him thereon, and the disposition thereof.

§ 968. When it appears that partition cannot be made equal between the parties, according to their respective rights, without prejudice to the rights and interests of some of them, the court may adjudge compensation to be made, by one party to another for equality of partition. But such compensation cannot be required to be made to others, by owners unknown, nor by infants, unless, in the case of an infant, it appear that he has personal property sufficient for that purpose, and that his interest will be promoted thereby.

§ 969. When the share of an infant is sold, the proceeds of the sale may be paid by the referees making

the sale, to his general guardian, or to the special guardian appointed for him in the action, if such general or special guardian, before the payment of such share into court, shall have given the security required by section 550.

§ 970. The committee who may be entitled to the custody and management of the estate of an insane person, or other person adjudged incapable of conducting his own affairs, whose interest in real property shall have been sold, may receive, in behalf of such person, his share of the proceeds of such real property, from the referees, if the committee, before the money is paid into court, shall have executed, with sufficient sureties, an undertaking, approved by a judge of the court, or if the action be in the supreme court, by a county judge, that he will faithfully discharge the trust reposed in him, and will render a true and just account to the person entitled, or to his legal representative.

§ 992. The general guardian of an infant, and the committee entitled to the custody and management of the estate of an insane person, or other person adjudged incapable of conducting his own affairs, who is entitled to real estate held in joint tenancy, or in common, or in any other manner, to authorise his being made party to an action for the partition thereof, may consent to a partition without action, and agree upon the share to be set off to such infant, or other person entitled, and may execute a release in his behalf, to the owners of

the shares of the parts to which they may be respectively entitled, upon an order of the court.

§ 972. The people of this state may be made a party to an action, for the sale or partition of real property, in which case the summons and complaint must be served upon the attorney general, who must appear on behalf of the people.

973. The costs of partition, including fees of referees and other disbursements, must be paid by the parties respectively entitled to share in the lands divided, in proportion to their respective interests therein, and may be included and specified in the judgment. In that case, they are a lien on the several shares, and the judgment may be enforced by execution against the parties separately. Where, however, a litigation arises between some of the parties only, the court may require the expense of such litigation to be paid by the parties thereto, or any of them.

CHAPTER V.

SECTION 974.

ACTIONS RESPECTING CORPORATIONS.

The kind of corporation included.

975. Foreign corporations may not sue when an act is forbidden.

976. Ten per cent interest on bank bills not paid.

977. Injunction to restrain corporation.

978. Jurisdiction of supreme court over corporations-their officers and business.

979. Who may make application.

980. Debts to be paid rateable in case of insolvency.

981. When a corporation deemed insolvent.

982. Insolvent corporations may be enjoined.

983. Stockholders personally liable may be joined as defendants with the corporation.

984. Or stockholders may be sued separately afterwards.

985. Return of execution unsatisfied evidence of insolvency.

986. Stockholders compelled to make contribution.

987. Multiplication of suits not allowed.

988. Actions against foreign corporations.

The provisions of this chapter afford substantially the same remedies as are provided for in articles 1 and 2, title 4, chapter 8, part 3 of the revised statutes, changed so as to conform to the uniform system of procedure under the code in actions. The necessity of some parts of those articles is dispensed with by other parts of the code applicable to such cases. This chapter was prepared before the publication of the Session Laws of 1849, and consequently without adverting to the provisions of the act of that session, chapter 226, making provisions to enforce the liabilities of banks under the article of the constitution on that subject. On examination of that article, it is found, that its provisions, which are not confined to banking corporations, do not conflict with those of this chapter, but that its special provisions are entirely in harmony with the rules of more general application here prescribed. Considering the recent enactment of that statute, and that it is not only confined to banks and banking associations, but to debts contracted after 1st January, 1850, the commissioners have not deemed it necessary or expedient either to attempt a revision of it, or to introduce it into the code, but rather to leave it as a special law applicable to the particular cases embraced within it.

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