jected to the same punishment to which the principals may be liable. Punishment for fraudulent scales 1962. SEC. 6. Any person, association or corporation, or the agent of any person, association or corporation en- using false or gaged in the business of milling, sampling, concentrating, and weights. reducing, shipping or purchasing ores, as aforesaid, who shall keep or use any false or fraudulent scales or weights, for weighing ore, or who shall keep or use any false or fraudulent assay scales, or weights for ascertaining the assay value of ore, knowing them to be false, every person so offending shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be fined in a sum not exceeding one thousand (1000) dollars, nor less than one hundred (100) dollars, or imprisonment not more than one year, or both, at the discretion of the court. the true value of 1963. SEC. 7. Any person, corporation or association, Penalty for alteror the agent of any person, corporation or association en- ing or changing gaged in the milling, sampling, concentrating, reducing, ores, etc. shipping or purchasing of ores in this state, who shall, in any manner, knowingly alter or change the true value of any ores delivered to him or them, so as to deprive the seller of the result of the correct value of the same, or who shall substitute other ores for that delivered to him or them, or who shall issue any bill of sale or certificate of purchase that does not exactly and truthfully state the actual weight, assay value and total amount paid for any lot or lots of ore purchased, or who, by any secret understanding or agreement with another, shall issue a bill of sale or certificate of purchase that does not truthfully and correctly set forth the weight, assay value, and total amount paid for any lot or lots of ore purchased by him or them, shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be fined in a sum not exceeding one thousand (1000) dollars, nor less than one hundred (100) dollars, or imprisonment not more than one year, or both, at the discretion of the court. 1964. SEC. 8. If any person, lessee, licensee or employé in or about any mine in this state, shall break and sever, with intent to steal the ore or mineral from any mine, lode, ledge or deposit in this state, or shall take, remove or con mine with intent to steal ore, or removing or con Breaking into ceal the ore or mineral from any mine, lode, ledge or deposit, with intent to defraud the owner or owners, lessee or cealing ore from licensee of any such mine, lode, ledge or deposit, such and punished as offender shall be deemed guilty of felony, and on conviction, shall be punished as for grand larceny. mine, deemed grand larceny. Approved, February 7, 1877. Partition of lands held in Common; how CHAPTER LXXIV. PARTITION. [Revised Statutes, Chapter LXVII.] 1965. SECTION I. When any lands, tenements or hereditaments shall be held in joint tenancy, tenancy in common obtained; where or coparcenary, whether such right or title be derived by petition to be presented. purchase, devise or descent, or whether any, all, or a part of such claimants, be of full age, or minors, it shall be lawful for one or more of the persons interested, by themselves, if of full age, or by their guardians, if minors, to present to the district court of the county where such lands or tenements lie, or where the lands or tenements lie in different counties, in the district court of the county in which the major part of such lands lie; but if the major part of such lands do not lie in any one county, then to the district court of any county in which any of such lands lie, their petition praying for a division and partition of such premises, according to the respective rights of the parties interested therein, and for a sale thereof, if it shall appear that partition cannot be made without prejudice to the owners. 1966. SEC. 2. The petition shall particularly describe shall set forth the premises sought to be divided or sold, and shall set forth and make exhibit of the rights and titles of all parties interested therein, so far as the same are known to the petitioners, including tenants for years, for life, by the courtesy or in dower, and of persons entitled to the reversion, remainder or inheritance, and of every person who, upon any contingency, may be or become entitled to any beneficial interest in the premises, so far as the same are known to the petitioners; and such petition shall be verified by affidavit. What petition made parties. 1967. SEC. 3. Every person having such interest as is Who shall be specified in this chapter, whether in possession or otherwise, and every person entitled to dower in such premises, if the same has not been admeasured, shall be made a party to such petition. parties are un known, or where interest is contingent, the same to be 1968. SEC. 4. In cases where one or more of such par- In cases where ties shall be unknown or the share or quantity of interest of any of the parties is unknown to the petitioner, or where such share or interest shall be uncertain, or contingent, or stated in petition the ownership of the inheritance shall depend upon an executory devise, or the remainder shall be contingent, so that such parties cannot be named, the same shall be so stated in the petition. By what de known owners 1969. SEC. 5 All persons interested in the premises of which partition is sought to be made according to the scription unprovisions hereof, whose names are unknown, may be made made parties. parties to such petition by the name and description of unknown owners or proprietors of the premises, or as the unknown heirs of any person who may have been interested in the same. Issue and service . 1970. SEC. 6. All persons having such interest as is specified in this chapter in any premises of which partition of summons. is sought to be made, or the guardians of such as are under age, who shall not have joined in the petition (and if any person so interested be under age, and without guardian, the court shall appoint guardian ad litem for such minor,) shall have notice of such application by summons duly served, which summons shall issue against such persons by the name and description given in the petition; and when the names of persons having any such interest in such premises are unknown, and when parties whose names are known do not reside in this state, or cannot be found, they shall have further notice by advertisement, as provided by law; and after such advertisement, the court shall proceed to act in the premises, as though the parties had been duly served with summons, or had been notified by their proper names. 1971. SEC. 7. During the pendency of any such suit or proceedings, any person claiming to be interested in the premises to be assigned or parted, may appear and answer interest may appear and interplead. Person claiming the petition, and assert his or her rights by way of interpleader; and the courts shall decide upon the rights of persons appearing as aforesaid, as though they had been made parties in the first instance. Ascertainment 1972. SEC. 8. The court shall ascertain from the eviand declaration dence in case of default, or from the confession by plea and interests of of the parties, if they appear, or from the verdict by which of rights, titles all parties by the court. Appointment of oath; assign each party; re (Amendment 1876.) any issue of fact shall be determined, and shall declare the rights; titles, and interests of all the parties to such proceedings, petitioners as well as defendants, and give such judgment as may be required by the rights of the parties. 1973. SEC. 9 The court, when it shall order a particommissioners; tion of any premises to be made under the provisions ment of share of hereof, shall appoint three commissioners not connected port of partition. with any of the parties, either by consanguinity or affinity, and entirely disinterested, each of whom shall take an oath before the court, or some justice of the peace, fairly and impartially to make partition of said lands, in accordance with the judgment of the court as to the rights and interests of the parties, if the same can be done consistently with the interests of the estate, and the said commissioners shall go upon the premises, and make partition of said lands, tenements and hereditaments, assigning to each party his or her share by metes and bounds, or other appropriate description; and make report, which shall be under their hands and seals, to the court during the same or next succeding term at which they were appointed; and the court may, at the term when such report shall be made, make all such orders upon such reports as may be necessary to a final disposition of the case. Compensation of 1974. SEC. 10. The commissioners to be appointed commissioners. under this chapter, shall be allowed as a compensation for their services, two dollars and fifty cents per day each, to be taxed as other costs. 1975. SEC. II. When any lands, houses or lots are so circumstanced that a division thereof cannot be made without manifest prejudice to the proprietors of the same, and the commissioners appointed to divide the same, shall so report to the court, the court shall thereupon give an order veyance of lands cannot be made dice. to said commissioners, or other person or persons, to sell Sale and consuch lands, houses or lots, or houses and lots, at public in case partition vendue, upon such terms, and by giving notice of sale as without prejuthe court shall direct, and who shall make and execute good and sufficient conveyance or conveyances to the purchaser or purchasers thereof, which shall operate as an effectual bar, both in law and equity, against such owners or proprietors, and all persons claiming under them; and and the commissioners or persons making such sale, shall report their proceedings to the court, and shall pay over the moneys arising therefrom to the parties entitled to receive the same, under the direction of the court; the court to make such order in relation to costs as shall seem right. 1976. SEC. 12. When a sale of any lands or premises shall be made in accordance with the preceding sec- unclaimed protion, and no person shall appear to claim such portions of the money as may belong to any non-resident, or person whose name is unknown, the court shall thereupon require the money belonging to the persons not claiming as aforesaid, to be deposited in the treasury of the state, subject to the further order of the court; and all money required to be deposited as aforesaid, shall be received by the state treasurer, and paid out upon the order of the court. Disposition of ceeds of sales. In what manner may obtain an claimed pro 1977. SEC. 13. When money shall be deposited in the state treasury under the provisions of this chapter, the per- persons entitled son or persons entitled to the same, may at any time apply order for unto the court making the order of sale, and obtain an order ceeds of sales. for the same, upon making satisfactory proof to the court of his or her or their right thereto. ment not re 1978. SEC. 14. No plea in abatement shall be received plea in abatein any suit for partition, nor shall such suit abate by the ceived in pardeath of any tenant. tition. Powers of courts proceedings in 1979. SEC. 15. The courts of chancery of this state shall have power, upon bills for the partition of lands, to of chancery in proceed according to the usual practice of courts of chanc- partition. ery, or according to the provisions of the preceeding sections; they shall also have power upon bill or petition for the partition of lands, to investigate and determine all questions of conflicting or controverted titles, and to remove clouds upon the title to any of the premises whereof |