Page:United States Statutes at Large Volume 31.djvu/453

 FIFTY-SIXTH CONGRESS. Sess. I. Ch. 786. 1900. 401 Sec. 406. The court may connrm or set aside the report in whole or Pjegeeqinzs en rein part, and if necessary aplpoint new referees. Upon the report being °°r ° R °”°°S` confirmed, a judgment sha "be given that such partition be eifectua forever, which judgment shall be binding and conclusive- First. On all parties named therein, and their legal representatives, who have at the time any interest in the property ivided, or any part thereof, as owners in fee, or as tenants for life or for years, or as entitled to the reversion, remainder, or inheritance of such property or any part thereof after the termination of a particular estate therein, or who by any continglency may be entitled to a beneficial interest in the property, or who ave an interest in any undivided share thereof as tenants for years or for life; — Second. On all persons interested in the property who may be unknown, to whom notice shall have been given of the application for pagtition by publication, as directed by section four hundred and one; an Third. On all other persons claiming from such. parties or persons, or either of them. i. _ Sec. 407. But such judgment and partition shall not affect any ten- Who new effected ants for fyears or for life of the whole of theproperty which is the °h°?`r°by` subject o partition; nor shall such judgment or partition preclude any person, except such as are specified in the last section, from claiming title to the property in cipestion, or from controverting the title of the ‘ parties between whom thepartition shall have been made. Sec. 408. The expenses of the referees, including those of a sur- Expeueeeefrefereea veyor_ and his assistants, when employed, shall be ascertained and A allowed by the court, and the amount thereof, together with the fees allowed by law to the referees, shall be paid by the plaintiff, and may be allowed as rt of the charges. _ i _Sec. 409. Ifxlhe referees report to the court that the property of m§Vhg)¤ oing of we which partition shall have been adjudged, or any separate portion mpi}: gsigrergeiiwn thereof, is so situated that a partition thereof can not be made without great prejudice to the owners and the court is satisfied that such report is correct, it may thereupon, by an order, direct the referees to sell the property or separate portion thereof so situated. Sec. 410. When a part of the property only is ordered to be sold, sa}; gy; gjul;¤;¤ if there be an estate for life or years in an undivided share of the lifebr nm »¤¢¤¢r.°' property, the whole of such estate may be set off in any part of the property not ordered to be sold. ‘ Sec. 411. If an order of sale be made, andsbefore a distribution of de§,‘·}g ’°*°'°I¤*"‘.i%‘_*· the proceeds thereof, the plaintiffs shall {produce to the court a certiii- eredncn. fi cate showing the liens remaining] unsatis ed, if any, by judgment upon the lproperty, or any portion thereof, and unless he do so the court shal or er a referee to ascertain them. n Sec. 412. If it appear by such certificate, or reference in case the Refereeemescenain certificate is not produced, that any such liens exist, the court shall “m°“"°°m°““‘ appoint a referee to ascertain what amount remains due thereon or secured thereby, respectively, and the order of priority in which they are entitled to be paid out of the property. ` Sec. 413. The plaintiff must cause a notice to be served, at leastrten Notice m men ma. days before the t»1IIl6 for appearance, on each person having such lien im" by judgment to appear before the referee at a specified time and place to make proof by his own affidavit or otherwiseeof the true amount due, or to become due, oontin ently or absolutely, on his judgment. Sec. 414. The referee shall receive the evidence _ and report the Duties of referee. names of the creditorswhose liens are established, the amounts thereon or secured thereby, and their priority, respectively, and whether contingent or absolute. He shall attach to his report the proof of service of the notices and the evidence before him. V vox. XXXI-——·26·