Obrázky stránek
PDF
ePub

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

dians.

(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 partition 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.

Effect of deeds
Infants deeme

(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.

(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 Subpe 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.

tion.

(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

[blocks in formation]

R. S. of N. Y.,
Title 5, Chapter 5,
Part 3.

Who liable to ac-
tion for waste.

When tenant lia

ble after granting. his Estate.

Joint tenants and tenants in common.

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.

(4701.) SEC. 4. An heir, whether of full age or not, after Suit by heirs.] coming into possession of the inheritance, may maintain an action on the case for waste done in the time of his ancestor, as well as in his own time, unless a recovery shall have been had therefor by the executor or Administrator of such

ancestor.

may be brought.

(4702.) SEC. 5. Such action may be brought by the person By whom action having the next immediate estate, in fee, or for life or years in the premises in question; or by any person who has the remainder or reversion in fee, or for life, after an intervening estate for life or years; and each of them shall recover damages according to his estate in the premises.

(4703.) SEC. 6. If the plaintiff in such action prevail therein, Judgment. he shall have judgment for double the amount of damages found by the jury.

mission of Waste

(4704.) SEC. 7. After the commencement of any action on staying the com the case for waste, or of any action for the recovery of land, by defensante. or of the possession of land, the defendant shall not make any waste of the land in demand or premises in question, during the pendency of the suit; and if such defendant shall commit. any waste thereon, or shall threaten or make preparations to commit waste thereon, the Court in which the suit is pending, or any Justice of the Supreme Court, or Circuit Court Commissioner, either in term time or vacation, shall have power, on the application of the plaintiff, to make an order restraining the defendant from the commission of any waste, or further waste thereon.

ter Attachment

ied.

(4705.) SEC. 8. If any person shall commit, or threaten, or staying Waste af make preparations to commit any waste on any real estate or Execution lev which shall be attached, or levied upon by execution in any civil action, the Court from which such execution or attachment shall have issued, or any one of the Justices of the Supreme Court, or a Circuit Court Commissioner, may, on the application of the plaintiff, either in term time or vacation, make an order restraining such person from committing any waste, or further waste thereon.

of Land sold on

(4706.) SEC. 9. Whenever any lands or tenements shall be Action for Waste sold by virtue of an execution, issued upon any judgment or Execution. decree, the person to whom a conveyance may be executed by the Sheriff pursuant to such sale, may maintain an action on the case for waste against any person, for any waste committed by such person on the premises after such sale.

« PředchozíPokračovat »