ticulars. But a provision is made by the revised statutes, intended to Bill of par obviate the necessity of a view, where circumstances might otherwise require it, on the part of the defendant. By this provision an order may be obtained at chambers, requiring the plaintiff to deliver to the defendant, a particular description of the premises,62 in the same manner and subject to the same provisions, as in cases of bills of particulars in personal actions.6 If no order for a view be made, the issue is tried in the Trial. same manner as issues of fact in other actions; and the jury that inquires of the nuisance, if they find for the plaintiff, assess the damages occasioned thereby.64 Judgment.] The judgment, if the plaintiff prevails, is, Judgment as heretofore accustomed, that the nuisance be removed, and that the plaintiff recover the damages occasioned thereby.65 CHAPTER V. OF THE PRACTICE IN PARTITION. Origin of remedy. Claims barred not af revision. It has already been observed, that the only remedy provided by the common law, for the partition of lands among a number of owners, has long been obsolete. The remedy in use, as it is of statutory origin, is also regulated in all its proceedings by statute. The statutes provide, that the authority which they give to fected by the proceed for the partition of real estate, shall not authorise the revival, or prosecution of any claim to lands, which would, or might otherwise be barred, by any statute of limitations, or by the acquiescence of any party having any such claim.“ No proceedings in partition, pending when the revised sta ceed accor- tutes go into operation, are to be thereby invalidated. But it is declared, that any proceedings to be had, upon any suit already commenced, or hereafter to be brought, after the statutes take effect, shall be conducted according to their provisions.67 Suits in partition to pro ding to re vision, if con menced before. Provisions to prevent abatement of suit, by death. The following provisions of the statute, are intended to prevent the abatement of the proceedings, by the death of parties. Proceedings for the partition of lands, shall not be abated by the death of one or more plaintiffs, or of one or more de fendants. If one of several plaintiff's dies, the proceedings shall be continued in the name of the survivors, if the interests in the lands survive to them. If the interest of such deceased plaintiff in such lands, pass to other persons, they may be made defendants, by rule of court, and the same proceedings may be had against them, as would be necessary to make them defendants originally."101 "If one or more defendants in partition die, and the interest of such deceased person, shall survive, to the remaining defendants, the proceedings shall be continued against them. If such interest shall pass to other persons, they may be made defendants in the same manner, as in the commencement of such proceedings.' 102 ment of the The proceedings in partition, resolve themselves into se- Arrange veral distinct subjects, or divisions, and will be treated of subject. under corresponding heads, as follows: 1. Of the proceedings until judgment of partition: 2. Of the proceedings after judgment of partition, until final judgment of confirmation of partition, or an order of sale: 3. Of the proceedings under an order of sale: and, 4. Of the proceedings in error. SECTION I. OF THE PROCEEDINGS UNTIL JUDGMENT OF PARTITION. As to lands dividuals; When it lies, and for, and against whom.] When several persons hold, and are in possession of any lands, tenements, or hereditaments, as joint tenants, or as tenants in common, owned by in- in which one, or more of them, have estates of inheritance, or for life or lives, or for years, any one or more of such persons, being of full age, may apply by petition to the supreme court, or to the court of common pleas of the county, or to the mayor's court of the city,101 where the premises are situated, for a division and partition of such premises, according to the respective rights of the parties, interested therein; and for a sale of such premises, if it should appear that a partition thereof cannot be made without great prejudice to the owners. as 68 The attorney-general, whenever so directed by the commissioners of the land office, is required to cause partition to be made, of such tracts of land, as are held in joint tenancy, ns to public or tenancy in common, in which the people of the state are interested; and for that purpose he is authorised to do all such acts, as any joint tenant, or tenant in common, is authorised by law to do.69 lands. Where any lands, or tenements, are held by the people of the state and by any individuals, as tenants in common, proceedings for the partition thereof, may be had against the people, in the supreme court, or in the court of chancery, in the same manner as against individuals, and the like orders, decrees, and judgments, are to be had therein. The petition, and all other notices required to be served in other cases, 101 The same powers are given to the court of chancery on a bill or petition for partition. 2 R. St. 329. s. 79. 68 2 R. St. 317. s. 1. are, where the people are thus concerned, to be served on the attorney-general, who is required to appear, in behalf of the state, and attend to its interests.71 and order for guardian. Infants made defendants.] If the party intending to make Motion, the application, represents to the court, that there are minors, who should be parties to the proceedings, and if it is satisfactorily proved to the court, that at least ten days notice has been served on such minors, as reside within the state, or upon their general guardians, of the intention to apply to the court, for an order appointing guardians to such minors, the court are required, thereupon, to appoint a suitable and disinterested person, to be guardian for one or more of such minors, whether they reside in or out of the state, for the special purpose of taking charge of their interests, in relation to the proceedings for a partition.72 bond. The guardian thus appointed, must, before entering upon Guardian's the duties of his office, execute a bond, in such penalty, and with such surety, as the court shall direct, to the people of the state, conditioned for the faithful discharge of the trust committed to him, and to render a just and true account of his guardianship, in all courts and places, when thereunto required; and the court are required to be satisfied, that such bond has been executed, and filed in the office of its clerk, before any rule to plead, or any other subsequent rule or order shall be made.73 binding. Guardians appointed and qualified in this manner, represent Their acts their respective minors in the proceedings for partition, and it is declared that their acts in relation to such proceedings, shall be binding on such minors, and shall be as valid as if done by such minors after having arrived at full age. 74 tion con Petition for partition, and notice of presenting it.] The What petipetition must, 1. Particularly describe the premises sought to tains; be divided or sold: 2. It must set forth the rights and titles |