Page:United States Statutes at Large Volume 31.djvu/456

 404 FIFTY-SIXTH CONGRESS. Sess. l. CE. 786. 1900. " either of them, shall be interested in any purchase; nor shall the guardian of an infant party be interested in the purchase of any real property, being the subject of the action, except for the benefit of the infant. All sales contrary to the provisions oi) this section shall be void. ,,§,;"%§,,‘{f,,,§‘;i°'°"" Sec. 433. After completing the sale, the referees shall report the . l same to the court, with a description of the different parcels of lands sold to each purchaser, the name of the purchaser, the price paid or secured, the terms and conditions of the sale, and the securities, if any, taken. The report shall be filed with the clerk. · ce§§§'iD‘§‘“g’E'§§, °§; Sec. 434. The report of sale may be excepted to by any party w¤¤rm¤¤¤¤· entitled to a share o the proceeds, in like manner and with like effect as in ordinary cases. If the sale be confirmed, the order of confirmation shall direct the referees to execute conveyances and take securities pursuant to such sale, which acts they are hereby authorized to do. uch order shall have the effect to disc argc the property of the estate or interest of every person mentioned in section four hundred and six, and of tenants for ife or years of the property sold,‘and shall be binding and conclusive upon all such persons, as if the same were a decree for the partition of such property, and upon all persons whomsoever as to the regularity of the proceedin s concerning such sale, except as ‘ provided in section four hundred ang thirty-two. pa?{g°;¢g§¤S;¤1j';*g’;,§ Sec. 435. When a party entitled to a s are of the property or an mance: becomes pur- incumbrancer entitled to ave his lien paid out of the sale becomes a °h““°" purchaser, the referees may take his receipt for so much of the proceeds of the sale as belongs to him. Prgzgeggcgglgz ghgg Sec. 436. When there are proceeds of sale belonging to an unknown mvemu. owner, or to a person without the district who has no legal representatives within it, or when there are proceeds arisin from the sale of an estate subject to the prior estate of a tenant fordife or years, which are paid into the court or otherwise deposited by order of the court, the same may be invested under such or er in securities on interest for . » the benefit of the persons entitled thereto. . c,}r‘{t,Y°°Q",§“,§’,e‘,;“’§,‘f fj; Sec. 437. When the security for the proceeds of sale is taken, or vesuuents made- when an investment of any such proceeds is made, it shall be done, except as herein otherwise provided, in the name of the clerk of the court and his successors in office, who shall hold the same for the use _ _ and beneiit of the parties interested, subject to the order of the court. S‘”“° “‘“"°°°‘ Sec. 438. When security is taken by the referees on a sale, and the parties interested in such security, by an instrument in writing under their hands delivered to the referee, agree u on the shares and proportions to which they are respectively entitled, or when shares and proportions have been previous? adjudged by theccourt, such securities shall be taken in the names o an payable to the" parties respectively entitled thereto, and shall be' delivered to such parties upon their igicgipt itlherilefop. kSuch agreement and receipt shall be returned and e wi the c er. when <=l¢*k“>k€°P SEo. 439. The clerk in whose name a security is taken or by whom B·CCO\1Hl'» 8-Dd IBCGIVB. · . . • · mmm. an mvestment IS made, and his successors in office, shall recerve the interest and princi al as it becomes due, and apply and invest the same as the court may direct; and shall file in his office all securities, taken, and kee an account in a book provided and kept for that purpose in ` the clerk’s office, free for inspection by all persons, of investments and moneys received by him thereon, and the disposition thereof. mfghcgg :3;*%; ulaig Sec. 440. When it appears that partition can not be made equal becoun may adjudgé tween the parties, accor ing to their res ective rights, without reju- °°“‘*’°““°‘°“‘ dice to the rights and interests of some of) them, the court may adgiudge compensation to be made by one party to another on account of inequality of partition; but such compensation shall not be required to be made to others by owners unknown, nor by infants unless in case