referees may take his receipt for so much of the proceeds of the sale as belongs to him. 787. (§ 299.) The conveyances must be recorded in the county where the premises are situated, and shall be a bar against all persons interested in the property in any way, who shall have been named as parties in the action; and against all such parties and persons as were unknown, if the summons was served by publication, and against all persons claiming under them, or either of them. Convoy ances must be and will parties. recorded, be a bar against of sale to parties unknown must be invested 788. (§ 300.) When there are proceeds of a sale Proceeds belonging to an unknown owner, or to a person with- belonging out the State, who has no legal representative within it, the same must be invested in bonds of this State or of the United States, for the benefit of the persons entitled thereto. 789. (§ 301.) When the security of the proceeds of sale is taken, or when an investment of any such proceeds is made, it must be done, except as herein otherwise provided, in the name of the Clerk of the county where the papers are filed, and his successors in office, who must hold the same for the use and benefit of the parties interested, subject to the order of the Court. for their benefit. Investmen made in of the must be the name Clerk of the county. When the the parties tained, interests of are ascer securities must be their 790. (§ 302.) 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 referees, agree upon the shares taken in and proportions to which they are respectively entitled, names. or when shares and proportions have been previously adjudged by the Court, such securities must be taken in the names of and payable to the parties respectively entitled thereto, and must be delivered to such parties upon their receipt therefor. Such agreement and receipt must be returned and filed with the Clerk. Duties of the Clerk vestments. 791. (§ 303.) The Clerk in whose name a security making in- is taken, or by whom an investment is made, and his successors in office, must receive the interest and principal as it becomes due, and apply and invest the same as the Court may direct; and must deposit with the County Treasurer all securities taken, and keep 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. When tion may be cases. 792. ($304.) When it appears that partition cannot be made equal between the parties, according to compensa their respective rights, without prejudice to the rights and interests of some of them, and a partition be ordered, the Court may adjudge compensation to be made by one party to another, on account of the inequality; but such compensation shall not be required to be made to others by owners unknown, nor by an infant, unless it appears that such infant has personal property sufficient for that purpose, and that his interest will be promoted thereby. And in all cases the Court has power to make compensatory adjustment between the respective parties, according to the ordinary principles of equity. The share of an infant may be paid to his 793. (§ 305.) When the share of an infant is sold, the proceeds of the sale may be paid by the referee guardian. making the sale to his general guardian, or the special guardian appointed for him in the action, upon giving the security required by law or directed by order of the Court. The guardian of an insane person may proceeds 794. (§ 306.) The guardian who may be entitled to the custody and management of the estate of an receive the insane person, or other person adjudged incapable of conducting his own affairs, whose interest in real prop erty has been sold, may receive, in behalf of such person, his share of the proceeds of such real property of such party's interest. from the referees, on executing, with sufficient sureties, an undertaking approved by a Judge of the Court, or by a County Judge, that he will faithfully discharge the trust reposed in him, and will render a true and just account to the person entitled, or to his legal representative. may without execute 795. (§ 307.) The general guardian of an infant, A guardian and the guardian entitled to the custody and manage- consent to ment of the estate of an insane person, or other person action, and adjudged incapable of conducting his own affairs, who releases. is interested in real estate held in joint tenancy, or in common, or in any other manner so as to authorize his being made a party to an action for the partition thereof, may consent to a partition without action, and agree upon the share to be set off to such infant or other person entitled, and may execute a release in his behalf to the owners of the shares of the parts to which they may be respectively entitled, upon an order of the Court. 796. ($308.) The costs of partition, including reasonable counsel fees, expended by the plaintiff for the common benefit, fees of referees and other disbursements, must be paid by the parties respectively entitled to share in the lands divided, in proportion to their respective interests therein, and may be included and specified in the judgment. In that case they shall be a lien on the several shares, and the judgment. may be enforced by execution against such shares, and against other property held by the respective parties. When, however, a litigation arises between some of the parties only, the Court may require the expense of such litigation to be paid by the parties thereto, or any of them. Costs of partition a lien upon the shares of the parceners. The Court, mint a by consent, may 797. (§ 309.) The Court, with the consent of the parties, may appoint a single referee, instead of three referees, in the proceedings under the provisions of referee. single Apportionment of counsel fees and expenses. Abstract of title. this Chapter; and the single referee, when thus appointed, has all the powers and may perform all the duties required of the three referees. 798. If it appears to the Court that other actions. or proceedings have been prosecuted or defended by any of the tenants in common, for the protection, confirmation, or perfecting of the title, or settling the boundary, or making a survey or surveys of the estate partitioned, the Court must allow to the parties who have paid the expense of such necessary litigation, or other proceedings, all the expenses necessarily so incurred therein, which shall have accrued to the common benefit of the other tenants in common, with interest thereon from the date of making the expenditures; and the same must be allowed and taxed, and included in the final judgment as costs are allowed, taxed, and included in the judgment. NOTE. This section was added by Act of April 1, 1872. 799. If it appears to the Court that it was necessary to have made an abstract of the title to the property to be partitioned, and such abstract shall have been procured by the plaintiff, or if the plaintiff shall have failed to have the same made before the commencement of the action, and any one of the defendants shall have had such abstract afterwards made, the cost of the abstract, with interest thereon from the time the same is subject to the inspection of the respective parties to the action, must be allowed and taxed. Whenever such abstract is produced by the plaintiff, before the commencement of the action, he must file with his complaint a notice that an abstract of the title has been made, and is subject to the inspection and use of all the parties to the action, designating therein where the abstract will be kept for inspection. But if the plaintiff shall have failed to procure such abstract before commencing the action, and any defendant shall procure the same to be made, he shall, as soon as he has directed it to be made, file a notice thereof in the action with the Clerk of the Court, stating who is making the same, and where it will be kept when finished. The Court, or the Judge thereof, may direct from time to time, during the progress of the action, who shall have the custody of the abstract. NOTE. This section was added by Act of April 1, 1872. 800. The abstract mentioned in the last preceding Same. section may be made by any competent searcher of records, and need not be certified by the Recorder or other officer, but instead thereof it must be verified by the affidavit of the person making it, to the effect that he believes it to be correct; but the same may be corrected from time to time if found incorrect, under the direction of the Court. NOTE. This section was added by Act of April 1, 1872. disburse 801. Whenever, during the progress of the action Interest on for partition, any disbursements shall have been made, ments. under the direction of the Court or the Judge thereof, by a party thereto, interest must be allowed thereon from the time of making such disbursements. NOTE. This section was added by Act of April 1, 1872. CHAPTER V. ACTIONS FOR THE USURPATION OF AN OFFICE OR FRANCHISE. SECTION 802. Certain writs abolished. 803. Action may be brought against any party usurping, etc., any office or franchise. 804. Name of person entitled to office may be set forth in |