Proceedings on assessing dama ges. Judgment. Proceedings to recover mesne of plaintiff. defendant by default, on demurrer, or otherwise, the value of such mesne profits shall be assessed, and the plaintiff's damages ascertained in the same manner as in other cases. (4609.) SEc. 56. Upon such assessment, the plaintiff shall be required to establish the same matters hereinbefore required, in the case of an issue being joined, and the defendant may in like manner controvert the same, and make any set-off to which he shall be entitled, and the jury shall assess the damages in the same manner. (4610.) SEC. 57. Upon the return of an inquisition of damages, or upon the verdict of the jury in case of an issue being joined, the Court shall render judgment as in actions of assumpsit, for use and occupation, which shall have the like effect in all respects. (4611.) SEC. 58. If the plaintiff in ejectment shall have died profits on death after issue joined, or judgment therein, his personal representatives may enter a suggestion of such death, and of the granting of letters testamentary or of administration to them, and may suggest their claim to the mesne profits of the premises recovered, in the same manner and with the like effect as the deceased might have done if still living; and the same proceedings in all respects shall be had thereon. Proceedings on recovery of dow admeasured. (4612.) SEC. 59. If an action be brought to recover the er not previously dower of any widow, which shall not have been admeasured to her before the commencement of such action, instead of a writ of possession being issued, such plaintiff shall proceed to have her dower assigned to her in the manner following: 1. Upon the filing of the record of judgment, the Court, on the motion of the plaintiff, shall appoint three discreet and disinterested freeholders Commissioners, for the purpose of making admeasurement of the dower of the plaintiff, out of the lands described in the record; and the Commissioners so appointed shall proceed in like manner, possess the like powers, and be subject to the like obligations as Commissioners appointed by the Judge of Probate to set off dower; 2. The Commissioners shall make a report of their doings. to the Court, in writing, as soon as may be after their appointment, which report shall be confirmed by such Court, unless good cause to the contrary be shown, and shall be entered at large in the minutes of such Court; 3. Upon the confirmation of the report of the Commissioners, a writ of possession shall be issued to the Sheriff of the proper county, describing the premises assigned for the dower, and commanding the Sheriff to put the plaintiff in possession thereof. urement of (4613.) SEC. 60. The costs and expenses incurred in such Costs of admeasadmeasurement, shall be subject to the same provisions as in dower. cases of admeasurement of dower by Commissioners appointed by the Judge of Probate. (a) Mortgagee, etc. 11 Wend., 538. (4614.) SEC. 61. No action of ejectment shall hereafter be Ejectment by maintained by a mortgagee, or his assigns or representatives, 1843, p. 139. for the recovery of the mortgaged premises, until the title 1 Mich. Rep., 68. thereto shall have become absolute upon a foreclosure of the mortgage. 13 Wendell, 485. An Act giving the Circuit Courts Jurisdiction in Actions of Ejectment. of No Jury required in actions of of ejectment, unless demanded by the by the Court. (4615.) SECTION 1. Be it enacted by the Senate and House Representatives of the State of Michigan, That actions ejectment may be brought in the Circuit Court for the county parties or ordered wherein the lands sought to be recovered are situated, and proceeded in agreeable in all things to the provisions of Chapter one hundred and eight of the Revised Statutes of eighteen hundred and forty-six, except that no jury shall be required to try the same unless demanded by one or other of the parties to the suit prior to the day of trial, or unless ordered by the Court, and in case no jury be empanneled for the trial, such cause shall be tried by the Court in the manner intended by section four of chapter one hundred and three of said Revised Statutes, "When the parties agree in writing to dispense with a jury." (a) For a new enactment respecting Actions for the Recovery of Dower, see Chapter 80 55 OF THE PARTITION OF LANDS OWNED BY SEVERAL PERSONS. SECTION 4616. Who may have partition. 4617. Suits how instituted. 4618. By whom suit may be maintained. 4619. Bill to be verified, and what to set forth. 4620. Who may be made parties. 4621. Upknown parties, and uncertain interests. 4622. Creditors having lien need not be made parties in first instance. 4623. Effect of partition upon lien on undivided share. 4624. Creditor having specific lien may be made a party. 4625. Subpoena to appear and answer. 4626. Unknown and non-resident parties how notified. 4627. Order to take Bill as confessed against unknown parties. 4628. Guardians for minors, etc. 4629. Bond to be given by Guardian. 4630. On failure of Guardian to give Bond, Clerk to be appointed. 4631. When issue of fact to be tried by Jury. 4632. Court may permit Bill and proceedings to be amended. 4633. Rights of parties affected by amendment. 4634. Reference to take proof of title of complainants. 4635. Rights of parties how ascertained, and decree thereon. 4636. Decree in case the rights of some of the parties do not appear. 4637. Reference to inquire into situation of premises. 4638. When and how Commissioners appointed to make partition. 4639. Vacancies. 4640. Oath of Commissioners. 4641. How partition to be made. 4642. Report of Commissioners. 4643. All to meet, etc. 4644. Fees and expenses. 4645. Setting aside report, etc. SECTION 4646. Decree on confirmation of report. 4651. Separate securities. 4654. Certain moneys to be brought into Court. 4655. Application for moneys brought in. 4656. Proceedings on application. 4657. Distribution of moneys among creditors. 4658. Clerk to procure discharge of incumbrances. 4659. Other parties not to be delayed. 4660, 4661. Sale of dower or other life estate in premises. 4602. Payment to owner of life estate, etc., with his assent. 4663. Proceedings if consent not given. 4664. Proportion to be invested; In case of dower; Estate for life. 4665. Rights of unknown owners to be protected by Court. 4666. Notice of sale by Master. 4667. How conducted. 4668. Master and Guardian not to purchase. 4669. Report of sale. 4670. Order for conveyances. 4671. Conveyances to be recorded; Their effect. 4672. Effect of conveyances upon rights of creditors. 4673. Costs and expenses of proceedings. 4674. Distribution of proceeds of sale among parties. 4675. Shares of known infants. 4676. Shares of unknown and absent owners. 4677. Tenants in dower or for life, etc. 4678. Security to refund. 4679. In what names securities to be taken. partition. tuted. (4616.) SECTION 1. All persons holding lands as joint tenants who may have or tenants in common, may have partition thereof, in the manner provided in this chapter. (4617.) SEC. 2. Any one or more of the persons so holding suits how insti lands, may institute a suit in the Circuit Court for the county. in which the lands lie, by a bill in equity for a division and partition thereof according to the respective rights of the parties interested therein, and for a sale of such premises, if it shall appear that a partition thereof cannot be made without great prejudice to the owners. may be main (4618.) SEC. 3. Such suit may be maintained by any By whom suit person who has an estate in possession in the lands of which tained. partition is sought, but not by one who has only an estate therein in remainder or reversion. and what to set (4619.) SEC. 4. The bill for a partition or sale of any such Bill to be verified, lands, shall be verified by oath, and shall particularly describe forth." the premises sought to be divided, and shall set forth the rights and titles of all persons interested therein, so far as the same are known to the complainant, including the interest of any tenant for years, for life, by the curtesy or in dower, and the persons entitled to the reversion, remainder or inheritance after the termination of any particular estate therein, and every person who, by any contingency contained in any devise, grant or otherwise, may be, or become entitled to any beneficial interest in the premises. (a) Prior Statutes on the same subject will be found in Code of 1820, p. 249; Rev. of 1827, p 262; Rev. of 1833, p. 269; R. S. of 1838, p. 481; Laws of 1839, p. 220, 229, 230; 1841, p. 173; 1842, p. 112; 1844, p. 115. For an Enactment that all proceedings for the Partition of Real Estate pending when this Chapter took effect, might proceed under the laws existing when they were commenced, see Laws of 1848, p. 7. made parties. Who may be (4620.) SEC. 5. Every person having any such interest as aforesaid, whether in possession or otherwise, and every person entitled to dower in such premises, if the same has not been admeasured, may be made a party to such suit. Unknown parties, and uncertain interests. Creditors having en need not be Arst instance. (4621.) SEC. 6. In case any one or more of such parties, or the share or quantity of interest of any of the parties be unknown to the complainant, or be uncertain or contingent, or the ownership of the inheritance shall depend upon an executory devise, or the remainder shall be a contingent remainder, so that such parties cannot be named, the same shall be set forth in the bill. (4622.) SEC. 7. It shall not be necessary in the first instance, made parties in to make any creditor having a lien on the premises in question, or any part thereof, by judgment, decree, mortgage, or otherwise, a party to the proceedings, nor shall the partition of the premises alter, affect or impair the lien of any such creditor, except in the cases provided for in the next section. Effect of partition upon lien on undivided share. Apecific lien may (4623.) SEC. 8. When the lien is on the undivided interest or estate of any of the parties, such lien, if partition be made of the premises, shall thereafter be a charge only on the share assigned to such party, and such share shall be first charged with its just proportion of the costs of the proceedings in partition, in preference to any such lien. Creditor having (4624.) SEC. 9. But the complainants may, at their election, be made a party, make every creditor having a specific lien on the undivided interest or estate of any of the parties, by mortgage or otherwise, a party to the proceedings; and in such case the bill shall set forth the nature of every such lien or incumbrance. Subpoena to appear and answer. Unknown and non-resident tised. (4625.) SEC. 10. Upon filing a bill in the Circuit Court for the partition or sale of any lands pursuant to the provisions of this chapter, the defendants, or such of them as reside in this State and can be found therein, shall be served with a subpoena to appear and answer the bill, and the same may be taken as confessed, according to the practice in Courts of Equity. (4626.) SEC. 11. If any parties having an interest in such parties, how no-lands are unknown, or if either of the known parties reside out of this State, or cannot be found therein, and such facts be made to appear to the Court by affidavit, an order may be made by the Court containing a sufficient description of the premises whereof partition is sought, and requiring all parties interested to appear and answer the bill by a day in such order to be specified, which order shall be served personally, |