C. L. 1865, chap. 33, $ 15: Feb. 3, 1853. Tr.

Rule applies to equity suits

Id. § 16.

if he elect to take pay for the net profits and the value of the land without the improvements as aforesaid, the said plaintiff or plaintiffs shall tender a warranty deed to the defendant or defendants for the said lands, upon the payment of its value as found by the jury in its natural state without the improvements, which payment shall be made to the plaintiff or plaintiffs in such reasonable term as the court may allow.

§ 3178. The principles of the provisions of this act shall apply and extend to all suits in chancery when the object of the bill or answer is for the recovery of lands and tenements. Perea vs. Gallegos, vol. 2. page 423. W. C. Rep.

Partition in chan

cery.

Petition.

L. 1876, chap. 8, § 1: Jan. 14.

Parties, who are to be made and how.

Id. § 2.

Parties unknown.

Id. § 3.

PARTITION.

§ 3179. When any lands, tenements, or hereditaments, shall be owned in joint tenancy, tenancy in common, or co-parcenary, whether the right or title be derived by donation, grant, purchase, devise, or descent, it shall be lawful for any one or more of the persons interested, whether they be in possession or not, to present to the district court their petition in chancery, 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 great prejudice to the own

ers.

Bent et al. vs. Maxwell Land Grant and Railway Company, vol. 3, page 8.
W. C. Rep.

§ 3180. Every person having an interest in the premises, whether having possession, or otherwise, shall be made a party to such petition, and 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 when such share or interest shall be uncertain or contingent, or when there may be any other impediment, so that such parties cannot be named, the same shall be so stated in the petition.

§ 3181. All persons interested in the premises of which partition is sought to be made, whose names are unknown, may be made parties to such partition by the name and description of unknown owners or proprietors of the premises, or as unknown heirs of any person who may have been interested in the same.

Bent et al vs. Maxwell Land Grant and Railway Company, vol. 3, page 8,
W. C. Rep.

$3182. During the pendency of any such suit or proceeding any person claiming to be interested in the premises may appear and answer the petition and assert his right by way of interpleader, and the court shall decide upon their rights as though they had been made parties in the first instance.

§ 3183. The court shall ascertain and declare the rights, titles and interests of all the parties to such proceedings and render such decree as may be required by the rights of the parties, which said decree shall be binding upon all of the said parties, whether they be adults or not.

C. 3. L. 76, § 4: Jan. 14.

Interpleading.

Decree; effect of.

Id. § 5.

Commissioners, appointment of;

$3184. The court, when it shall decree a partition of any premises, shall appoint three commissioners not connected duties: powers. with any of the parties either by consanguinity or affinity, and entirely disinterested; each of whom shall take an oath before some person authorized to administer the same, fairly and impartially to make partition of said premises in accordance with the decree of the court as to the rights and interests of 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 share, by metes and bounds, and shall make report in writing, under their hands, to the court, with all convenient speed, or within the time which may be prescribed by the court, and the court may upon the coming in and filing of such report, make all such orders thereon, as may be necessary to a final disposition of the case.

§ 3185. When any lands, houses or lots are so circumstanced that a partition thereof cannot be made without manifest prejudice to the owners or proprietors of the same, and the commissioners appointed to partition the same shall so report to the court, the court shall thereupon make an order for the sale of such lands, houses and lots, in such manner and upon such terms, and by giving such notice of the sale as the court shall direct, and the person or persons who shall be appointed by such order to make sale thereof, 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 and proprietors, parties to the proceedings, and all persons claiming under them; and the person 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.

§ 3186. No suit for a partition shall abate by the death of any tenant, but upon the death of any tenant being a party to said suit, the heirs or devisees of the said tenant may, on motion, be made parties in his stead.

Id $ 6.

Sale in lieu of par

tition.

of.

Conveyances.

Proceeds, division

Id. § 7.

Suits do not abate; when.

Id. § S.

Bonds to be recorded.

OFFICIAL SECURITIES.

§ 3187. Hereafter the bonds given by all persons elected C. 56. L. 93, § 1; or appointed to office in this territory shall be recorded.

Feb. 23.

Record book to be provided.

Id $2.

Bonds to be corded; when.

Id. § 3.

re

Bond filed before entering office.

Id. § 5.

Certified copy as evidence.

Ta. § 6.

Secretary's fee.

Id. § 7.

Indebtedness against officials: not

§ 3188. The bonds of all territorial and district officers shall be recorded in a record book to be provided for that purpose, and known as the, Record of official bonds, in the office of the secretary of the territory.

3189. The bonds of all county and precinct officers in each of the several counties of this territory shall be recorded in the office of the probate clerk of the county in a book to be provided by the board of county commissioners, and designated as the, Record of official bonds.

§ 3190. Each and every person who may hereafter be elected or appointed to office in this territory, required by law to give bond, shall file the same for record as provided in this act before entering upon the discharge of the duties of the office.

§ 3191. In all actions at law upon the bond of any officer in this territory wherein the original bond of such officer cannot be produced in court, the certified copy thereof, under the seal of the officer making the record, shall be received by any court for the same uses and purposes as the original bond: and any judgment rendered and execution issued against the principal and sureties therein shall be as valid and binding and of as full force and effect as if the original bond had been produced in court in said action at law.

$3192. The secretary of the territory shall be entitled to a fee of two dollars and fifty cents ($2.50) for filing and recording each bond, and the probate clerk of each of the several counties shall be entitled to a fee of two dollars and fifty cents ($2.50) for filing and recording each bond of a county officer, and one dollar for filing and recording each bond of a precinct officer; the fees for such filing and record to be paid by the officer filing the same, at the time of such filing.

§ 3193. It shall hereafter be unlawful for any territorial to be compromised. Official, district attorney, board of county commissioners or other official charged with the collection of any indebtedness, or the prosecution of any suit for the collection of any indebtedness due to, or claimed by the territory, any county, city,

town, precinct or school district, from any public official or the sureties on his official bond, to compromise, satisfy or discharge such indebtedness in favor of such official or sureties, except upon payment in full of the amount claimed to be due, or of the amount for which judgment is rendered by a court of competent jurisdiction.

$ 3194. Any compromise, satisfaction or discharge of indebtedness prohibited by the preceding section of this act is hereby declared to be invalid, and shall not be held a bar to any suit for the collection thereof, and suit may be brought at any time within four years from the date of any such compromise, satisfaction or discharge to enforce the payment thereof, notwithstanding any existing law of limitation.

C. 5. L. 93. § 1; Jan. 19.

Compromises in

valid.

Id. § 2.

Accounts against collecting officers.

Auditor's duty.

$3195. Whenever any revenue officer or other person responsible for public money has neglected or refused or shall in future neglect or refuse to pay over to the territorial treasurer the sum or balance for which he is accountable, and which is due to the territory, upon the settlement of his accounts, it shall be the duty of the auditor of public accounts to make a transcript of the account of such officer or person, with the territory, showing the sum due the territory by such officer or person, which said account shall be certified as true and correct, as taken from the books of the auditor, and shall be signed by said auditor and sealed with his official seal, and if he shall have no official seal, with his private seal, and the auditor of public accounts shall transmit the same immediately, together with correct copies of any other document, bond, obligation or other instrument of writing, signed, sealed and certified as aforesaid, to the district attorney or attorney general to be used in the prosecution of such judge, officer, individual and their sureties, if they have such sure- 1; Feb. 3. ties.

$3196. Such prosecution shall be brought for the whole sum due and the interest accrued, and it shall be sufficient to prove the amount of the debt, and the fact that the securities were the securities of the said officer or individual prosecuted, and judgment shall be given against said officer or individual and their said securities for the sum so due and interest according to law, and execution shall thereupon be issued against all the parties so tried, in favor of the territory. $3197. When any party shall be liable to be prosecuted under the provisions of this act, it shall be the duty of the district attorney to immediately commence a suit in favor of the territory against said party and his securities for the sum due and interest according to law, and in the trial of any cause now or that may be hereafter pending against any officer or person and their securities, the certified transcript of the account of said officer or individual provided for by this act, and the certified copies of any other document, bond, obligation or other instrument of writing sealed, signed and certified in conformity with this act, or the originals, shall be admitted as evidence of such debt or liability of said officer or individual, and their securities, and the court trying the cause shall give judgment and issue execution in conformity to said evidence.

L. 1870, chap. 39,

Tr.

Suits, how brought; proof.

Judgment and execution.

Id. § 2.

District attorney; duty of.

Evidence, compe

tent.

Id. § 3.

C. 39. L. 70, § 4; Feb. 3. Tr.

§ 3198. Whenever the bond of any officer or individual of this territory, who is or may hereafter be liable to be sued, Bond: procedure under the provisions of this act, shall be destroyed or lost, or cannot be found in the proper office where it should be kept, the suit shall be carried on by evidence to prove such fact, and judgment rendered in conformity therewith.

when lost.

Loss, recovery of: how.

MISCELLANEOUS, TO RESTRAIN GAMING.

§ 3199. Any person who shall lose any money or property at any game at cards, or at any gambling device, may recover the same by action of debt, if money; if property, by action $ 1: Jan. 24. 1857. Tr. of trover, replevin or detinue.

C. L. 1865. chap. 36:

Action: form of.

Id. § 2.

Remedy; who

have.

Id. § 3.

Gambling debts void; how set aside,

Id. § 4.

§ 3200. In such action it shall be sufficient for the plaintiff to declare generally as in actions for debt for money had and received for the plaintiff's use, or as in actions of trover or detinue for a supposed finding and the detaining or converting the property of the plaintiff to the use of the defendant whereby an action hath accrued to the plaintiff.

§ 8201. The wife, children, heirs, executors, administrators and creditors of the person losing, may have the same remedy against the winner as provided in the preceding section.

§ 3202. All judgments, securities, bonds, bills, notes or conveyances, when the consideration is money or property won at gambling, or at any game or gambling device, shall be void, and may be set aside or vacated by any court of equity upon a bill filed for that purpose, by the person so granting, giving, entering into, or executing the same or by any creditor or by his executors, administrators, or by any heir, purchaser or other persons interested therein.

Joseph vs. Miller, vol. 1. page 621, N. M. Rep.