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curtesy, or for life; and shall order the same to be brought into court for that purpose.
§ 148. The proportion of the proceeds of such sale shall be ascertained and determined in the several cases as follows:
1. If an estate in dower be included in the order of
sale, its proportion shall be one-third of the proceeds of the sale of the premises, or of the sale of the individual share in such premises, upon which the claim of dower existed:
2. If an estate by the curtesy, or other estate for life, be included in the order of sale, its proportion shall be the whole proceeds of the sale of the premises, or of the sale of the undivided share thereof, in which such estate shall be :
And in all cases, the proportion of the expenses of ths proceedings shall be deducted from the proceeds of the sale.
149. If the persons entitled to such estate in dower, by the curtesy, or for life, be unknown, the court shall take order for the protection of their rights in the same manner, as far as may be, as if they were known and had appeared.
$ 150. In all cases of sales in partition, when it shall appear that a married woman has an inchoate right of dower in any of the lands divided or sold, or that any person has a vested or contingent future right or estate therein, the court shall ascertain and settle the proportional value of such inchoate, contingent, or vested right or estate, according to the principles of law applicable to annuities and survivorships, and shall direct such proportion of the proceeds of the sale to be invested, secured, or paid over, in such manner as shall protect the rights and interests of the parties.
§ 151. A married woman may release such right, interest or estate, to her husband, and acknowledge the same in the manner required by law, in respect to the acknowledgment of deeds by married women, before any officer authorized to take acknowledgments of deeds, or if executed out of this state, before
officer residing in the state, district or county, where the acknowledgment is made, who is authorized to take the acknowledgment of deeds, to be recorded in this state. Upon such release, the share of the proceeds of the sale, arising from her contingent interest, shall be paid to her husband.
§ 152. The release, or the payment, investment, or otherwise securing of, a share of the proceeds of a sale, shall be a bar against such right, estate, or claim.
§ 153. The commissioners shall give notice of sale for the time and in the manner required by law on sales of real estate on execution.
$ 154. The terms of such sale shall be made known at the time; and if the premises consist of distinct farms, or lots, they shall be sold separately.
§ 155. Neither of the commissioners, nor any person for the benefit of either of them, shall be interested in the purchase; nor shall a 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 of this section shall be void.
§ 156. After completing the sale, the commissioners shall report the same to the court, on oath, with a description of the different parcels of land sold to each purchaser, the name of the purchaser, and the price paid by him. The report shall be filed in the office of the clerk of the county, where the lands are situated.
§ 157. If the sale be confirmed by the court, an order shall be entered, directing the commissioners to execute conveyances pursuant to such sale; which they are hereby authorized to do.
§ 158. The conveyances shall be recorded in the county, where the premises are situated, and shall be a bar against all persons interested in the premises in any way, who shall have been named as parties in the action, and against all such parties and persons as were unknown, if notice shall have been given of the application for partition, by such publication as is directed
by section 121; and against all persons claiming from them or either of them.
§ 159. The conveyances shall also be a bar against all persons having specific or general liens or incumbrances by judgment or decree, on any undivided share or interest in the premises sold, who shall have been made parties to the action; and also against all persons having specific liens on any undivided share or interest therein, who shall have been made parties to the action. But no creditor having any such specific liens shall be affected by such sale or conveyance unless he shall have been made party.
$ 160. The cost and expenses of the proceedings shall be deducted from the proceeds of the sale, and shall be by them paid to the plaintiff or his attorney.
§ 161. The proceeds of every such sale, after deducting the costs, shall be divided among the parties whose rights and interests shall have been sold, in proportion to their respective rights in the premises; and the shares of such of the parties as are of full age shall be paid to them, or their legal representatives, by the commissioners, or shall be brought into court for their use.
§ 162. When any of the known parties are infants, the court may, in its discretion, direct the share of such infant to be paid over to the general guardian, or to be invested in permanent securities, at interest, in the name and for the benefit of such infant.
§ 163. When a security is by this act directed to be taken by the court, or an investment to be made, other than as prescribed in the last section, it shall be taken, or made, in the name of the clerk of the county, where the papers are filed, and his successors in office, who shall hold the same for the use and benefit of the
parties interested, subject to the order of the court.
§ 164. When a security shall be taken by the commissioners, on a sale, and the parties interested in such security shall, by an instrument in writing under their hands, delivered to the commissioners, agree upon the shares and proportions to which they are respectively entitled, or when such shares and proportions shall have been previously adjudged by the court, such securities shall be taken in the names of, and payable to the parties respectively entitled thereto, and shall be delivered to such parties respectively, upon their receipt therefor. Such agreements and receipts shall be returned and filed with the clerk.
$ 165. The clerk, in whose name a security is taken, or by whom an investment is made, and his successors in office, shall receive the interest and principal, as it becomes due, and shall apply and invest the same, as the court shall direct, and shall file all securities by him taken in his office, and shall keep an account, in a book to be provided and kept for that purpose in the clerk's office, free for inspection by all persons, of in