Chap. 394.—An ACT to Amend Section 8 of Chapter 124 of the Code of
1860, in Relation to Partition of Lands.

Approved November 2, 1870.

1. Be it enacted by the general assembly, That section three
of chapter one hundred and twenty-four of the Code of eigh-
teen hundred and sixty, be amended and re-enacted so as to
read as follows:

Ҥ 3. When partition cannot be conveniently made, the en-
tire subject may be allotted to any party who will accept it,
and pay therefor to the other parties such sums of money as
their interest therein may entitle them to; or in any case now
pending, or hereafter brought, in which partition cannot be
conveniently made, if the interests of those who are entitled
to the subject, or its proceeds, will be promoted by a sale of
the entire subject, or allotment of part and sale of the residue,
the court, notwithstanding any of those entitled may be an in-
fant, insane person, or married woman, may order such sale, or
such sale and allotment, and make distribution of the proceeds
of sale according to the respective rights of those entitled,
taking care, when there are creditors of any deceased person
who was a tenant in common, joint tenant, or coparcener, to
have the proceeds of such deceased person’s part applied ac-
cording to the rights of such creditors. The court making an
order for sale shall, when the dividend of a party exceeds the
value of three hundred dollars, if such party be an infant or
insane person, require security for the faithful application of
the proceeds of his interest, in like manner as if the sale were
made under chapter one hundred and twenty-eight.”

2. This act shall be in force from its passage.