vestments, and moneys received by him thereon, and the disposition thereof.

§ 166. When it shall appear that partition cannot be made equal between the parties, according to their respective rights, without prejudice to the rights and interests of some of them, the court may adjudge compensation to be made, by one party to another for equality of partition. But such compensation shall not be required to be made to others by owners unknown, nor by infants, unless, in the case of an infant, it appear, that he has personal property sufficient for that purpose, and that his interest will be promoted thereby.

§ 167. When the share of an infant shall be sold, the avails of the sale may be paid by the commissioners, by whom the sale is made, to his general guardian, or to the special guardian appointed for him in the action, if such general or special guardian before the payment of such share into court shall have given the security required by sec. 381 of the code of procedure.

169. The committee who may be entitled to the custody and management of the estate of a person of unsound mind, or other person adjudged incapable of conducting his own affairs, whose share or interest in real estate shall have been sold, may receive, in behalf of such person, his share of the avails of such real property, from the commissioners, if the committee, before the money is paid into court, shall have executed, with sufficient sureties, an undertaking, approved in the

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manner prescribed in the last section, that he will faithfully discharged the trust reposed in him, and will render a true and just account to the person entitled, or to his legal representative.

§ 169. The general guardian of an infant, and the committee entitled to the custody and management of the estate of a person of unsound mind, or other person adjudged incapable of conducting his own affairs, who is entitled to real estate held in joint tenancy, or in common, or in any other manner, to authorize his being made 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 respectively entitled, upon an order of the court.

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§ 170. The people of this state may be made a party to an action for the sale or partition of real property, in which case the summons and complaint must be served on the attorney-general, who shall appear in behalf of the state.

CHAPTER IV.

Actions to determine conflicting claims to real property, and for waste, and

nuisance.

§ 171. An action may be brought by any person, in possession, by himself or his tenant, of real property,

against any person, who claims an estate or interest therein, adverse to such person in possession, for the purpose of determining such adverse claim, estate, or interest.

§ 172. If the defendant, in such action, disclaim in his answer any interest or estate in such real property, or suffer judgment to be taken against him without answer, the plaintiff shall not recover costs.

§ 173. Title 2, of chapter 5, of the third part of the Revised Statutes, respecting proceedings to compel the determination of claims to real property, in certain cases, is repealed. But this repeal shall not affect any proceeding heretofore commenced, nor any judgment rendered, or right acquired.

§ 174. The action of waste is abolished, and title 5, of chapter 5, part 3, of the Revised Statutes, respecting waste, is hereby repealed; but this repeal shall not af fect any proceeding heretofore commenced, nor any judgment rendered or right acquired.

§ 175. Wrongs, heretofore remediable by action of waste, are subjects of action as other wrongs, in which action there may be judgment for damages, forfeiture of the estate of the party offending, and eviction from the premises.

§ 176. Judgment of forfeiture and eviction shall only be given, in favor of the person entitled to the reversion,

against the tenant in possession, when the injury to the estate in reversion shall be adjudged in the action to be equal to the value of the tenant's estate, or unexpired term, or to have been done in malice.

§ 177. The writ of nuisance is abolished, and title 4, chapter 5, of the third part of the Revised Statutes is hereby repealed; but this repeal shall not affect any proceeding heretorore commenced, nor any judgment rendered, or right acquired.

§ 178. Injuries heretofore remediable by writ of nuisance, are subjects of action, as other injuries, and in such action there may be judgment for damages, and for removal of the nuisance.

CHAPTER V.

General provisions relating to actions concerning real property.

§ 179. The court may, by injunction, on cause shown, restrain the party in possession, from doing any act to the injury of real property, during the foreclosure by advertisement, of a mortgage thereon, or after a sale on execution, before a conveyance.

§ 180. The injunction, in the last preceding section authorized, shall be issued in the manner, and upon the security, and subject to the provisions prescribed by sections 193, 195, 196, 197, 198 and 199 of the code of procedure.

181. When real property shall have been sold on execution, the purchaser thereof, or any person, who may have succeeded to his interest, may recover damages for any injury to the premises, by the tenant in possession, after the sale, and before possession is delivered under the conveyance.

§ 182. An action for the recovery of real property shall not be prosecuted by an attorney, without authority in writing from the plaintiff. But such authority shall be presumed, unless the attorney, on application for that purpose, neglect to produce and deliver a copy of it within ten days thereafter. If he neglect to do so, proceedings shall be stayed on his part, from the expiration of such ten days, until he shall thereafter produce and prove the same, and for thirty days afterwards.

§ 183. Judgments, for the recovery of real property, entered upon failure to answer, shall be set aside, by order of the court, and defence permitted, at any time, before the expiration of six months after possession of the premises delivered, on payment of the entire costs, and on such terms, as to the possession, and rents and profits, as the court may deem just. But before such application can be granted, it must appear that the party in good faith desires to defend, and believes that he has sufficient grounds of defence.