deliver over all books and papers in his custody or under his control belonging to said office.

5247 (713). When the judgment has been rendered in favor of the claimant, he may at any time within one year thereafter bring suit against the defendant and recover the damages he has sustained by reason of the act of the defendant.

5248 (714). When several persons claim to be entitled to the same office or franchise, an information may be filed against all or any portion thereof, in order to try their respective rights thereto.

5249 (715). If the defendant be found guilty of unlawfully holding or exercising any office, franchise, or privilege, or if a corporation be found to have violated the law by which it holds its existence, or in any other manner to have done acts which amount to a surrender or forfeiture of its privileges, judgment shall be rendered that such defendant be ousted, and altogether excluded from such office, franchise, or privilege, and also that he pay the costs of the proceeding.

5250 (716). If the defendant be found to have exercised merely certain individual powers and privileges to which he was not entitled, the judgment shall be the same as above directed, but only in relation to those particulars in which he is thus exceeding the lawful exercise of his rights and privileges.

5251 (717). When an information is upon the relation of a private individual, it shall be so stated in the petition and proceedings, and such individual shall be responsible for costs in case they are not adjudged against the defendant. In other cases the title of the cause shall be the same as in a criminal prosecution, and the payment of costs shall be regulated by the same rule.

5252 (718). In case judgment is rendered against a pretended, but not real, corporation, the costs may be collected from any person who has been acting as an officer or proprietor of such pretended corporation.

5253 (719). If a corporation is ousted and dissolved by the proceedings herein authorized, the court shall appoint three disinterested persons as trustees of the creditors and stockholders.

5254 (720). Such trustees shall enter into bond, in such a penalty and with such security as the court may approve, conditioned for the faithful discharge of their trust.

5255 (721). Suit may be brought on such bond by any person injured by the negligence or wrongful act of the trustees in the discharge of their duties.

5256 (722). The trustees shall proceed immediately to collect the debts and pay the liabilities of the corporation, and to divide the surplus among those thereto entitled.

5257 (723). The court shall, upon an application for that purpose, order any officer of such corporation, or any other person having possession of any of the effects, books, or papers of the corporation in anywise necessary for the settlement of its affairs, to deliver up the same to the trustees.

5258 (724). As soon as practicable, after their appointment, the trustees shall make and file in the office of the clerk of the court, an inventory of all the effects, rights, and credits which come to their possession or knowledge, the truth of which inventory shall be sworn to.

5259 (725). They shall sue for and recover the debts and property of the corporation, and shall be responsible to the creditors and stockholders respectively, to the extent of the effects which come to their hands, in the same manner as though they were the executors of a deceased person.

5260 (726). When judgment of ouster is rendered against a corporation on account of the misconduct of the directors or officers thereof, such officers shall be jointly and severally liable to an action by any one injured thereby.

5261 (727). Any person who, without good reason, refuses to obey any order of the court as herein provided shall be deemed guilty of a contempt of court, and shall be fined in any sum not exceeding five thousand dollars, and imprisoned in the county jail until he comply with said order, and shall be further liable for the damages resulting to any person on account of his refusal to obey such order. 5262 (728). A proceeding of this kind may be instituted, in the manner above contemplated, for the purpose of annulling or vacating any letters patent granted by the proper authorities of this state, where there is reason to believe that the same were obtained by fraud, or through mistake or ignorance of a material fact, or when the patentee, or those claiming under him, have done or omitted an act in violation of the terms and conditions on which the letters were granted, or have by any other means forfeited the interest acquired under the same.

TITLE XXIV.-CHANCERY.

Secs. 729 to 783 repealed. 1867, p. 71. G. S., p. 707.

TITLE XXV.-PROBATE COURT.

CHAPTER I.

Secs. 784 to 795 repealed. G. S., p. 271.

CHAPTER II.-ADOPTION OF CHILDREN.

5263 (796). Whenever it may be desirable that any person or persons shall adopt the child of another, the same may be consummated in the manner hereinafter provided.

5264 (797). The parents, guardians, or other person or persons having lawful control or custody of any minor child, may make a statement in writing before the county judge of the county where the person or persons desiring to adopt such child reside, that he, she, or they voluntarily relinquish all right to the custody of, and power and control over such child (naming him or her), and all claim and interest in and to the services and wages of such child, to the end that such child shall be fully adopted by the party or parties (naming them) desiring to adopt such child, which statement shall be signed and sworn to by the party making the same, before said county judge, in the presence of at least two witnesses, and the person or persons desiring to adopt such child shall also make a statement in writing, to the effect that he, she, or they freely and voluntarily adopt such child (naming him or her) as their own, with such limitations and conditions as shall be agreed upon by the parties, which said statement shall also be signed and sworn to by the parties making the same, before said county judge, in the presence of at least two witnesses; but when such child is an inmate of "The Home for the Friendless," or of any orphans' home organized under the laws of this state, and has been voluntarily surrendered in writing by its parents or guardians, for the purpose of adoption, to the directors or trustees of the "Society of the Home for the Friendless," or of such orphans' home, or has no father or mother living, or has been previously abandoned by its parents or guardians, or left in any such charitable institution for four months without being claimed, then the written consent of the president of the board of directors or trustees of said society, or of such orphans' home shall be given to such adoption, sigued in the presence of any county judge of this state and certified by him to the county judge of the county where the person or persons desiring to adopt such child reside, which shall be received in the place of the relinquishment as herein required; * Provided, In all cases where such child shall be of the age of fourteen years and upward, the written consent of such child shall be

necessary to the validity of such proceeding; And provided further, Whenever it shall be desirable the party or parties adopting such child may, by stipulations to that effect in such statement, adopt such child and bestow upon him or her equal rights, privileges, and immunities of children born in lawful wedlock, and such statement or consent shall be filed with and recorded by said county judge in a book kept in his office for that purpose.

*to* inserted 1885, p. 384.

5265 (798). And such county judge shall appoint a time and place for the hearing of said matter.

Rewritten 1885, p. 385.

5266 (799). At the time and place of the hearing of such matter, if said hearing shall not be adjourned, the said probate judge shall render a decree therein, in accordance with the conditions and stipulations of said statement; Provided, In case it shall appear to the satisfaction of said probate judge that such proceedings are not for the best interest of the child or children, he may refuse to enter such decree, and the matter shall thereupon be dismissed.

5267 (800). All decrees entered in such case in conformity with the provisions and requirements of this chapter shall be conclusive upon all the persons interested in such proceedings or matter, and the child or children thus adopted shall take the surname of the person or persons adopting the same, and all relations of parent and child, agreeable to such stipulations and the decree of the probate court, shall attach, and such child or children, if so stated in such decree, shall be subject to the exclusive control and custody of such parent or parents, and shall possess and enjoy all the rights, privileges, inheritance, heirships, and immunities of children born in lawful wedlock.

5268 (801). The probate judge shall be entitled to charge the same fees for such services as now are or hereafter may be provided by law for like services in other cases.

TITLE XXVI.-PARTITION.

5269 (802). When the object of the action is to effect the partition of real property among several joint owners, the petition must describe the property, and the several interests and estates of the several joint owners thereof, if known. *All tenants in common, or joint tenants of any estate in land, may be compelled to make or suffer partition of such estate or estates in the manner hereinafter prescribed.

All after* added 1871, p. 112. Dower interest insufficient. 20, 181 (29 N. W., 299). Cotenants must account for rents. 4, 366. See 21, 581 (33 N. W., 261).

5270 (803). If the number of shares or interests is known, but the owners thereof are unknown, or if there are, or are supposed to be, any interests which are unknown, contingent, or doubtful, these facts must be set forth in the petition with reasonable certainty.

5271 (804). Creditors having a specific or general lien upon all or any portion of the property may or may not be made parties, at the option of the plaintiff.

5272 (805). If the lien is upon one or more undivided interests of any of the parties, it shall, after partition or sale, remain a charge upon those particular interests or the proceeds thereof. But the due proportion of costs is a charge upon those interests paramount to all other liens.

5273 (806). The answers of the defendants must state, among other things, the amount and nature of their respective interests. They may deny the interest of any of the plaintiffs, and by supplemental pleading, if necessary, may deny the interests of any of the other defendants.

5274 (807). Where there are two or more plaintiffs they may reply jointly, or either of them may reply to any or all the answers of the defendants.

5275 (808). Issues may thereupon be joined and tried between any of the contesting parties, the question of costs on such issues being regulated between the contestants agreeably to the principles applicable to other cases.

5276 (809). Each of the parties appearing, whether as plaintiff or defendant, must exhibit his documentary proof of title, if he has any, and must file the same, or copies thereof, with the clerk.

Documentary proof may not be necessary. 2, 314.

5277 (810). If the statements in the petition and answers are not contradicted in the manner aforesaid, or by the documentary proof exhibited as above required, they shall be taken as true.

5278 (811). After all the shares and interests of the parties have been settled in any of the methods aforesaid, judgment shall be rendered confirming those shares and interests, and directing partition to be made accordingly.

5279 (812). Upon entering such judgment the court shall appoint referees to make partition into the requisite number of shares.

3, 92.

5280 (813). For good and sufficient reasons appearing to the court, the referees may be directed to allot particular portions of the land to particular individuals. In other cases the shares must be made as nearly as possible of equal value.

Where the premises are incapable of a fair division, the court can award pecuniary compensation to one of the parties. 18, 586 (26 N. W., 390).

5281 (814). If it appears to the referees that partition cannot be made without great prejudice to the owners, they shall so report to the court.

5282 (815). If satisfied with such report the court shall cause an order to be entered, directing the referees to sell the premises so situated, and shall also fix the terms of sale.

5283 (816). Before proceeding to sell, the referees shall each give security, to be approved by the court or judge thereof, conditioned for the faithful discharge of his duties. At any time thereafter the court may require further and better security.

5284 (817). The same notice of sale shall be given as when lands are sold on execution by the sheriff, and the sale shall be conducted in like manner.

5285 (818). After completing said sale, the referees must report their proceedings to the court, with a description of the different parcels of land sold to each purchaser, and the price bid therefor, which report shall be filed with the clerk.

5286 (819). After making the order of sale as aforesaid, the court shall direct the clerk to report whether there be any general incumbrance by mortgage, judgment, or otherwise, upon any portion of the property.

5287 (820). If deemed advisable, the court may appoint a referee to enquire into the nature and amount of incumbrances, and report accordingly. From that report an appeal lies to the court.

5288 (821). The referee shall give the parties interested at least five days' notice of the time and place when he will receive proof of the amount of such incumbrances.

5289 (822). In taking such proof he may receive, with other evidence, the affidavit of the parties interested.

5290 (823). If any incumbrance be ascertained to exist, the proceeds of the sale of that portion, after the payment of costs, or so much thereof as is necessary, shall, if the owner consent, be paid over to the incumbrancer.

5291 (824). If the owner object to the payment of such incumbrance, the money shall be retained or invested by order of the court to await final action in relation to its deposition, and notice thereof shall be forthwith given to the incumbrancer, unless he has already been made a party.

5292 (825). The court may direct an issue to be made up between the incumbrancer and the owner, which shall be decisive of their respective rights.

5293 (826). If an estate for life or years be found to exist as an incumbrance upon any part of said property, and if the parties cannot agree upon the sum in gross which they will consider an equivalent for such estate, the court shall direct the avails of the incumbered property to be invested and the proceeds to be paid to the incumbrancer during the existence of the incumbrance.

5294 (827). The proceedings in relation to the incumbrances shall not delay the distribution of the proceeds of other shares in respect to which no difficulties exist.

5295 (828). The court in its discretion may require all or any of the parties before they receive the moneys arising from any sale authorized in this title, to give satisfactory security, to refund such moneys with interest, in case it afterward appears that such parties were not entitled thereto.

5296 (829). If the sales aforesaid be approved and confirmed by the court, an order shall be entered directing the referees, or any two of them, to execute conveyances pursuant to such sales. But no conveyance can be made until all the money is paid, without receiving from the purchaser a mortgage of the land so sold, or other equivalent security.

5297 (830). Such conveyances so executed, being recorded in the county where the premises are situate, shall be valid against all subsequent purchasers, and also against all persons interested at the time who were made parties to the proceedings in the mode pointed out by law.

5298 (831). If the owner of any share thus sold has a husband or wife living, and if such husband or wife do not agree as to the disposition that shall be made of the proceeds of such sale, the court must direct it to be invested in real estate under the supervision of such person as it may appoint, taking the title in the name of the owner, of the share sold as aforesaid.

5299 (832). If the sales are disapproved, the money paid and the securities given must be returned to the persons respectively entitled thereto.

5300 (833). When a partition is deemed proper the referees must make out the shares by visible monuments, and may employ a competent surveyor and the necessary assistants to aid them.

5301 (834). The report of the referees must be in writing, signed by at least two of them. It must describe the respective shares with reasonable particularity, and be accompanied by a plat of the premises.

5302 (835). Unless the shares are allotted to their respective owners by the referees as herein before contemplated the clerk shall number the shares and then draw the names of the future owners by lot.

5303 (836). When partition can be conveniently made of part of the premises, but not of all, one portion may be partitioned and the other sold as hereinafter provided.

5304 (837). On good cause shown, the report may be set aside and the matter again referred to the same or other referees.

5305 (838). Upon the report of the referees being confirmed, judgment thereon shall be rendered that the partition be firm and effectual forever.

5306 (839). The defendants may be served in the same manner as in ordi