Page:1862 Territory of Dakota Session Laws.pdf/167

150 of an execution, the purchaser at such sale may maintain his action against any person, for either of the causes above mentioned, occurring or existing after his purchase.

. 577. This provision is not intended to prevent the person who occupies the lands, in the mean time, from using them in the ordinary course of husbandry, or from using timber, for the purpose of making suitable repairs thereon.

. 578. But if, for this purpose, he employ timber superior to that required for this occasion, he will be deemed to have committed waste, and will be liable accordingly.

. 579. When an officer, executor, or administrator within this territory, by misconduct or neglect of duty, forfeits his bond or renders his sureties, any person injured thereby, or who is by law entitled to the benefit of the security, may bring an action thereon, in his own name, against the officer, executor, or administrator and his sureties, to recover the amount to which he may be entitled by reason of the delinquency. The action may be instituted and proceeded in on a certified copy of the bond, which copy shall be furnished by the person holding the original thereof.

. 580. A judgment in favor of a party for one delinquency, does not preclude the same or another party from an action on the same security for another delinquency.

. 581. The provisions of the existing statutes relating to the partition of lands, tenements, and hereditaments, are not affected by this code, and partition may be made under the same, as heretofore, until the legislature shall otherwise provide. The provisions of such statutes shall also apply to actions for such partition brought under this act, so far as the same can be so applied to the substance and subject matter of the action, without regard to its form.