« SebelumnyaLanjutkan »
wise the court shall order and direct notice of such demand of such partition to be given, either
by publication in one or more newspapers printgiven when ed in this state, where the parties concerned re
side out of this state, or by personal notice to be served at least forty days before the ensuing term, if the party or parties concerned reside within this state: Provided always, That where the person or persons, of whom partition is demanded, reside out of this state and have an agent or attorney residing within this state, such personal notice of such demand of partition shall be given to such agent or attorney, as is required in the case of resident proprietors.
Sec. 3. And be it further enacted, That if the first or any succeeding term (in case a continuance hath been granted) after the filing of such petition, it shall appear to the court, that due notice hath been given, and if no sufficient reason shall appear why partition should not be made, the court shall proceed to order such partition, and shall issue their writ, directed to the sheriff of the county in which the estate or estates shall or may be, or to the sheriff of either of the counties in which the estate or estates shall or may be, in case such estate or estates is or are in more than one county, com
When due potice bath been given, duty of the court.
manding him, that by the oaths of three judi. To appoint
Sec. 4. And be it further enacted, That if at Parties
etc., to pay
costs which have accrued on such petition, and shall consent to a partition of such estate or estates, then partition shall be made of such estate or estates, by such person or persons, as said joint tenants, coparceners or tenants in common shall agree upon, and in case they do not agree upon any person or persons to make such partition before the end of the term, then a writ shall issue to the sheriff as is hereinbefore provided
Sec. 5. And be it further enacted, That when any writ of partition shall issue as aforesaid, if the inquest who are directed to make such partition shall be of opinion, that the estate or estates cannot be divided according to the demand of the writ, without prejudice to or spoiling the whole, the said inquest shall then make and return to the court a just valuation, and appraisement of such estate or estates, whereupon, if
the said court shall approve of the said return, Duty of the and if any one or more of the parties shall elect
to take the said estate or estates at the apelect to take praised value, the same shall be adjudged to him
or them, he or they paying, or securing to be paid to the other parties, their proportions of the appraised value, according to their respective rights; and the sheriff shall, according to the said order of court, make and execute con
veyances to the party or parties electing to take
before or at the time of the said sheriff's acknowledging the deed in open court, to be distributed and paid by order of the said court, to and amongst the several parties entitled to receive the same, in lieu of their respective parts and proportions of the said lands and tenements, according to their just rights and proportions.
Sec. 6. And be it further enacted, That where
any writ of partition shall issue, or where the make parti parties interested shall agree on some person
or persons to make partition, it shall be the duty of the inquest or persons so agreed on, to make a true and accurate plan or map and field book of such lands as may be so divided, and to describe particularly, the metes and bounds of all tenements so divided and aparted, which plan or map, field book and description, the persons or inquest shall sign and send, under seal, to the next court having cognizance of the same, and after division and return thereof shall be made to the court, it shall be examined by the court, and if found justly and accurately made, the clerk shall record such return, which record shall be deemed as valid and effectual in law for the partition of such lands, tenements or here. ditaments, and thereupon the party or parties