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in an individual share of the premises, as tenants for years,

for life, by the curtesy, or in dower;

2. On all persons interested in the premises, who may be unknown, to whom notice shall have been given of the application for partition, by the publication directed by section 121: and;

3. On all other persons claiming from such parties or persons, or either of them.

§ 134. But such judgment and partition shall not affect any tenants, or persons having claims as tenants, in dower, by the curtesy or for life, to the whole of the premises, which shall be the subject of such partition; nor shall such judgment and partition preclude any person, except such as are specified in the last section, from claiming any title to the premises in question, or from controverting the title or interest of the parties, between whom such partition shall have been made.

§135. If the commissioners so appointed, shall report to the court, that the real property, of which partition shall have been directed as aforesaid, is so situated, or that any distinct portion thereof is so situated, that a partition thereof cannot be made, without great prejudice to the owners of the same; and the court is satisfied that such report is correct, may thereupon, by an order to be entered on the filing of the report direct the commissioners to sell the premises so situated, at public auction, to the highest bidder. But when an estate, as tenant by the curtesy, or in dower, or for life, or for

years, shall exist in an undivided part of the premises, the whole estate of such tenant may be set off, out of any part of the premises not so ordered to be sold.

§ 136. The court shall also direct the terms of credit which may be allowed, for the purchase money, of any portions of the premises of which it shall direct a sale on credit, and for those portions of which the purchase money is required, by the provisions hereinafter contained, to be invested for the benefit of unknown owners, infants, parties out of the state, or tenants in dower, or by the curtesy or for life or years, when the estate of such tenants are ordered to be sold.

§ 127. The portions of the purchase money, for which credit shall have been so allowed, shall be secured at interest, by a mortgage of the premises sold, with a bond of the purchaser, and by such other security as the court shall prescribe.

§ 138. The commissioners may take separate mortgages and other securities, for the whole or convenient shares or portions of the purchase money, of such of the premises as are directed by the court to be sold on credit, in the name of the clerk of the court and his successors in office, and for the shares of any known owner of full age sold on credit in the name of such

owner.

§ 139. Upon such sale being confirmed as hereinafter mentioned, the commissioners shall deliver such mortgages or other securities, to the clerk of the court, or to the known owners, in whose names they were taken.

§ 140. Before the making of any order for the sale of the premises, where the creditors having specific liens have not been made parties, the court on the motion of either party, shall direct the plaintiff to amend his complaint, by making every person having a specific lien on the undivided interest or estate of any of the parties, by mortgage, devise, or otherwise, a party to the action; and shall direct the clerk of the court, or a referee appointed by the court, to ascertain and report, whether the shares or interests in the premises of the parties, or any of them, are subject to a general lien or incumbrance by judgment or decree.

§ 141. When a sale is ordered, of premises subject to an outstanding lien or incumbrance, the commissioners shall pay off and discharge such liens, to the extent of the funds arising from the premises incumbered, if the persons in whose favor the liens exist, and the owners of the incumbered shares or parcels consent in writing thereto, the amount of liens chargeable upon each parcel to be computed and liquidated by the commissionIn all other cases, whether the owners are known or unknown, the proceeds of sales of the shares or par

ers.

cels so encumbered shall be paid into court, after first deducting and paying to the proper party the costs, and expenses of the proceedings, properly chargeable there

on.

§ 142. When the proceeds of sales, of any shares or parcels, belonging to persons, who have become parties to the action, and who are known, shall be paid into court, the action shall be continued as between such parties, for the determination of their respective claims thereto, which shall be ascertained and adjudged by the Further testimony may be taken, in court, or by a referee, at the discretion of the court, and the court may, if necessary, require such parties to present the facts or law in controversy, by pleadings, as in an orignal action.

court.

§ 143. The proceedings to ascertain and settle the amount of incumbrances, and the rights of the respective parties, to any funds paid into court, shall not affect any other party in such action, nor delay the execution of the judgment, as to parties whose rights are not involved in such proceedings.

§ 144. When the estate of a tenant in dower, or by the curtesy, or for life, to the whole or any part of the premises in question, has been admitted by the parties, or ascertained by the court, to be existing at the time of the order for sale, and the person entitled to such estate, has been made a party to the action, the court shall first consider and determine under all the circum[THIRD REP.]

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stances of the case, whether such estate ought to be exempted from the sale, or whether it should be sold; and in making such determination, shall have regard to the interests of all the parties.

§ 145. If a sale of the premises, including such estate, shall be ordered, the estate and interest of every such tenant or person shall pass thereby; and the purchaser, his heirs and assigns, shall hold the premises discharged from all claims, by virtue of such estate or interest, whether the same be to an individual share of a joint tenant, or tenant in common, or to the whole or any part of the premises sold.

§ 146. The persons entitled to such estate in dower,. tenancy by the curtesy, or tenancy for life, whose estate shall have been sold, shall be entitled to receive such sum in gross, as shall be deemed, upon principles of law applicable to annuities, a reasonable satisfaction for such estate or interest, and which the person so entitled shall consent to accept instead thereof, by an instrument under seal, duly acknowledged or proved in the same manner, as deeds, to authorise them to be recorded

§ 147. If no such consent be given, at or before the coming in of the report of sale, the court shall ascertain and determine what proportion of the proceeds of the sale, after deducting expenses, will be a just and reasonable sum to be invested, for the benefit of the person entitled to such estate or interest, in dower, by the

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