SECTION 1. It shall be the duty of the presiding judge of the circuit court of each county in this State, at every term of said circuit court, on the first day of the term, in open court, to examine and inquire into the sufficiency of the official bonds of the sheriff, coroner and clerk of the circuit court; and if it shall appear that any one or more of the securities on the official bond of any such sheriff, coroner or clerk of the circuit court, has or have removed from the county, died or become insolvent, an order shall be entered of record, requiring such sheriff, coroner or clerk of the circuit court, to file in the office of the clerk of the circuit court a new bond to be approved and recorded as is now required by law, unless the number and pecuniary abilities of other securities on the bond shall be such as to satisfy the judge that the bond is sufficient, notwithstanding one or more of the securities may have removed, died or become insolvent, or of doubtful solvency, in which case the bond in question may, in the discretion of said judge, be held to be sufficient.

SEC. 2. It shall be the duty of the county commissioners' court at the regular June and December terms of said court, in each year, on the first day of the term, in open court, to examine and inquire into the sufficiency of the official bond of each probate justice of the peace, justice of the peace, constable, collector, county treasurer, recorder, and clerk of the county commissioners' court, and if it shall appear that any one or more of the securities on the official bond of any such probate justice of the peace, justice of the peace, constable, collector, county treasurer, recorder, or clerk of the county commissioners' court, has or have removed from the county, died or become insolvent, or of doubtful solvency, the said court shall cause such probate justice of the peace, constable, collector, county treasurer, recorder, or clerk of the county commissioners' court to be summoned to appear before said court on a day fixed therein, to show cause why he should not be required to give a new bond with security; and if at the appointed time he should fail to satisfy the court as to the sufficiency of the present security, an order shall be entered of rec

ord, requiring such probate justice of the peace, justice of the peace, constable, collector, county treasurer, recorder, and clerk of the county commissioners' court, to file in the office of the clerk of the county commissioners' court, within thirty days, a new bond, to be approved as is now required by law, unless the number and pecuniary ability of other securities on the bond shall be such as to satisfy the court that the bond is sufficient, notwithstanding one or more of the securities on said bond may be removed, dead or insolvent, or of doubtful solvency; in which case the bond in question may, in the discretion of the court, be held to be sufficient.

SEC. 3. It shall be the duty of each probate justice of the peace, at two terms in each year, to be holden on the first Mondays in January and July, on the first day of the term, in open court, to examine and inquire into the sufficiency of the official bond of each executor, administrator, guardian, and of any other official bond that may be filed in his office; and if it shall appear that any one or more of the securities on the official bond of any such executor, administrator, guardian or other officer, has or have removed from the county, died or become insolvent, or of doubtful solvency, the said probate justice shall cause such executor, administrator, guardian or other officer, to be summoned to appear before him on a day to be named in said summons, to show cause why he should not be required to give a new bond with security; and if at the appointed time he should fail to satisfy such probate justice of the sufficiency of the present security, an order shall be made on the records of the probate justice of the peace, requiring such executor, administrator, guardian or other officer, to file in the office of the probate justice, a new bond, to be approved as is now required by law, unless the number and pecuniary ability of other securities on the bond shall be such as to satisfy the court that the bond is sufficient, notwithstanding one or more of the securities on said bond may be removed, dead or insolvent, in which case the bond in question may, in the discretion of the court, be held to be sufficient.

SEC. 4. Any person having any pecuniary interest in the sufficiency of the official bond of any of the officers hereinbefore named, may appear at the prescribed time and place, and shall be allowed to introduce any evidence legally conducing to prove the removal, death or insolvency, or doubtful solvency of any security on such official bond, and the officer interested or any of his securities, may also appear and introduce any evidence legally conducing to establish the sufficiency of such official bond.

SEC. 5. It shall be the duty of the respective courts above named, to enter upon their respective records, at the times hereinbefore prescribed for an examination, that an examination and inquiry into the sufficiency of the official bonds, within their cognizance has been made, and that they severally are deemed sufficient or insufficient, as the facts may justify.

SEC. 6. If any officer hereinbefore enumerated, shall fail to file a new bond within the prescribed time, when an order of the appropriate court entered of record shall require the filing of such new bond, the officer in default shall be deemed and held to have vacated his office, and the same steps shall be taken to fill such vacancy thus created as are now taken to fill a vacancy by the death or resignation of such officer. SEC. 7. Any person who now is, or who hereafter may become the security of any sheriff, coroner or clerk of the county commissioners' court, shall have the power of releasing himself from such security ship, by filing with the clerk of the circuit court, a notice that he is unwilling longer to be security for said sheriff, coroner or clerk of county commissioners' court; and any person who now is, or here

after may become security for any justice of the peace, probate justice of the peace, constable, school commissioner or collector of State and county revenue, clerk of the circuit court, may in like manner become released, by filing with the clerk of the county commissioners' court, a like notice.

SEC. 8. When any notice shall be filed as aforesaid with the clerk of the circuit court, he shall immediately give notice thereof to the sheriff, coroner or clerk of the county commissioners' court, as the case may be, who shall thereupon file other security, to be approved by the circuit court, if the same shall then be in session, or if a session thereof be commenced, within ten days after said notice shall have been given, but if said court be not in session, nor a session thereof be commenced within ten days, then the said sheriff or coroner shall, within ten days file said bond with the clerk of said court, which clerk shall, in that case, judge of the sufficiency of said bond, subject, however, to the decision of the judge of the circuit court as in other cases.

SEC. 9. When any notice shall be filed with the clerk of the county commissioners' court as aforesaid, he shall, in like manner, give notice to the justice, probate justice, constable, school commissioner or collector of State and county revenue, as the case may be, who shall, within ten days thereafter, file another bond, to be approved by said clerk.

SEC. 10. If said sheriff, coroner, justice, probate justice, constable, school commissioner or collector of State and county revenue, as the case may be, shall not, in the time and manner aforesaid, file bond, to be approved as aforesaid, the said office shall become vacant, and the said vacancy shall be filled as required by law.

SEC. 11. If a new bond shall be given by any officer, as provided in the foregoing sections of this chapter, then the former securities shall be entirely released and discharged from all liabilities incurred by any such officer in consequence of business which may have come to hand from and after the time of the approval of the said new bond, and the sureties to the new bond are hereby declared to be liable for all the official delinquencies of said officer, whether of omission or commission, which may occur after the approval of the new bond as aforesaid.

SEC. 12. If any sheriff, coroner, justice of the peace, probate justice of the peace, constable, school commissioner or collector of State and county revenue, shall embezzle or appropriate to his own use, any money which may be paid them by virtue of their offices, they shall be liable to be indicted therefor, and upon conviction thereof, the court shall pass judgment that the office held by such officer shall be vacated; and a new election shall be held to fill the vacancy thereby created.

SEC. 13. It shall be the duty of such sheriff, coroner, justice of the peace, probate justice of the peace, constable, school commissioner or collector of State and county revenue, if he shall fail to give bond as provided for in this chapter, to deliver over to his sureties forthwith, all books, moneys, vouchers, papers and every description of property whatever, pertaining to his said office, and the said sureties may, at any time after said failure to file said bond, maintain an action of replevin, or other appropriate action, to recover such property, money or effects from their said principal.

SEC. 14. If any officer designated in the foregoing sections of this chapter, shall fail to deliver any money, property or effects as aforesaid, to his securities, or shall act, or attempt to act in his said office after failing to give a new bond as aforesaid, he shall be deemed guilty of a high misdemeanor, and upon indictment and convio

tion therefor, shall be fined, in any sum not less than five hundred dollars nor more than five thousand dollars.

SEC. 15. The provisions of this chapter shall not be so construed as to operate as a release of the securities of any of the aforesaid officers, for liabilities incurred previous to the filing of a new bond as required in the foregoing sections of this chapter.

SEC. 16. Whenever the condition of the bond of any public officer, shall be violated, suit may be instituted on such bond, and prosecuted to final judgment against such officer, and any or all of the securities, or against one or more of them, jointly and severally, without first establishing the liability of the principal, by obtaining judgment against him alone.

SEC. 17. Execution may issue on any judgment so rendered as in ordinary cases, but the officer executing the same shall not levy upon the property of the sureties until he shall fail to find sufficient property of the principal, to satisfy such execution : Provided, however, The judgment and execution shall be a lien upon the property of the sureties, as in ordinary cases.

APPROVED: March 3, 1845.

CHAPTER LXXIX.

PARTITIONS.

SECTION

1. When lands held in joint tenancy, &c., any person interested may, by petition to the proper court, have partition and sale.

2. Petition, what facts to set out. 3. Who shall be made parties.

4. If persons in interest be unknown, or their interest uncertain, that fact to be set out in petition.

5. How such unknown persons to be made parties. 6. How they may be summoned; non-resident parties, how notified.

7. Any person interested, may become party defendant by interpleader.

SECTION

8. Court to try cause and determine the interest of the respective parties.

9. Court ordering partition, to appoint commis-
sioners; their duty; their report, and order
of the court thereon.

10. Compensation of commissioners.
11. When lands, &c., can not be properly divided, to
be sold, and proceeds divided; proceedings
thereon to be reported; order of court.
Unclaimed moneys to be deposited in the State
treasury, to be drawn by order of court.
Claimants of such money, to preserve same by

12.

13.

order of court.

14. Plea in abatement, not allowed.

SECTION 1. When any lands, tenements or hereditaments, shall be held in joint tenancy, tenancy in common or coparcenery, whether such right or title be derived by 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 any one or more of the persons interested, by themselves, if of full age, or by their guardians, if minors, to present to the circuit court of the county where such lands or tenements lie, or where the lands or tenements lie in different counties, in the circuit 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 circuit 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 can not be made without great prejudice to the owners.

SEC. 2. The petition shall particularly describe the premises sought to be divided or sold, and shall set forth and make exhibits 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.

SEC. 3. Every person having such interest, as is 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.

SEC. 4. In cases where one or more of such parties 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 the ownership of the inheritance shall depend upon an executory devise, or the remainder shall be contingent, so that such parties can not be named, the same shall be so stated in the petition.

SEC. 5. All persons interested in the premises of which partition is sought to be made according to the provisions of this chapter, whose names are unknown, may be made 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.

SEC. 6. All persons having such interest as is specified in this chapter, in any premises of which partition 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 a guardian, the court shall appoint a 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 can not be found, they shall have further notice by advertisement as provided in sections eight, forty-one and forty-two of chapter twenty-one, 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.

SEC. 7. During the pendency of any such suit or proceeding, any person claiming to be interested in the premises to be assigned or aparted, may appear and answer the petition, and assert his or her rights, by way of interpleader; and the court shall decide upon the rights of persons appearing as aforesaid, as though they had been made parties in the first instance.

SEC. 8. The court shall ascertain from the evidence, in case of default, or from the confession by plea, of the parties, if they appear, or from the verdict, by which 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.

SEC. 9. The court, when it shall order a partition of any premises to be made, under the provisions of this chapter, shall appoint three commissioners, not connec