on a credit for the balance, on the terms prescribed by the other heirs.

But on the partition of the proceeds of the sale, the whole amount shall be reduced to its cash value, by deducting from the whole sum to be paid, ten per cent per annum, and those heirs who require their portion in cash, shall receive it on the whole amount thus reduced.

ART. 1265.-Any co-heir of age, at the sale of the hereditary effects, can become a purchaser to the amount of the portion owing to him from the succession, and he is not obliged to pay the surplus of the purchase money over the portion coming to him, until this portion has been definitively fixed by a partition.

ART. 1266.-The minor co-heirs may also become purchasers of the hereditary effects, by the intervention of their tutors or curators, or by their assistance, if they have been specially authorized thereto by the judge, with the advice of the family meeting.

ART. 1267. When the judge has ordered the partition, and regulated the manner in which it shall be made as well as the collations, if the case require it, he shall refer the parties to a notary appointed by him to continue the judicial partition to be made between them.

ART. 1268.-If the heirs who have instituted the suit for partition be of age and present, and the judge has fixed the mode of making it, whether in kind or otherwise, nothing shall prevent the heirs from continuing their partition amicably and in the manner they think proper.

SIV.

How the Notary is bound to proceed in the Judicial Partition.

ART. 1269.-The notary, appointed to make the partition, is bound, within fifteen days at farthest from the notice of his appointment, to notify the heirs or their

representatives, in writing, of the day, hour, and place in which he is to commence his work, sufficient time previous thereto, to enable them to attend, if they think

proper.

ART. 1270.-As the business of partitions sometimes requires several days, the notary may divide his procèsverbal, and make as many vacations or sittings as he thinks proper. He can even defer the closing of it, if one of the parties requires it, in case any contestation arise on the manner of effecting it, and it becomes necessary to refer to the judge to have them terminated before proceeding farther.

ART. 1271.-On the day appointed for the partition, the notary shall begin by settling the accounts, which each of the heirs may owe to the succession.

ART. 1272.-The notary shall include in these ac

counts:

1. The sums which each of the co-heirs owes to the deceased;

2. Those which each of the co-heirs may have received or disbursed on account of the succession, whether for the payment of debts or for necessary and useful expenses on the effects of the succession;

3. Those which each of the co-heirs may owe by reason of damages or injury, which have been caused by his fault to the effects of the succession.

ART. 1273.-The accounts being thus settled, the notary must deduct from the effects of the succession the things which have been bequeathed by the deceased, either to any of the co-heirs beyond his portion when the collation is dispensed with, or to any other persons, as these things ought not to be included in the mass of the effects to be divided.

ART. 1274.-If the partition is to be made between children or legitimate descendants inheriting from their father, mother or other ascendant, and a collation is to

be made, the notary shall cause the decree of the judge to be exhibited to him, by which it is decided whether the collation is to be made in kind, or by taking less.

ART. 1275.-If the collation is to be made in kind, the notary is bound to include the property collated in the number of the effects of the succession, for its estimated value, which shall have been fixed by experts appointed by the judge, as is said.

ART. 1276.-If, on the contrary, the collation is to be made by taking less, the notary shall add to the credit of the estate the sum due by the heir who is bound to make the collation, according to the appraisement which shall have been made by experts appointed by the judge, separately from the other articles of the succession, in order that the other heirs may have a sum of money, or some object equal to the estimated value of the property subject to collation.

ART. 1277.-The notary shall then proceed to the formation of the active mass of the succession.

ART. 1278.-This active mass shall be composed: 1. Of all the moveables, slaves and real estate of the succession, which have not been sold, mention being made of their value, as stated in the inventory of the effects of the succession, or in the new appraisement which may have been made by experts appointed by the judge;

2. Of the price of the moveables, slaves and real estate, which have been sold to effect the partition;

3. Of all the objects collated by the heirs, whether in kind or by taking less, in proportion to the appraised value given to them by the experts appointed by the judge;

4. Of all the sums, which the heirs may owe to the succession, according to the settled account;

5. Of all the debts due to the succession by other per

sons.

ART. 1279.-The active mass of the succession being

thus formed, if there be no collation, or if the collations are made in kind, the notary proceeds to the deductions to be made from the mass, in order to ascertain the balance to be divided.

ART. 1280.-By deduction is understood a portion or thing which an heir has a right to take from the mass of the succession, before any partition takes place.

ART. 1281.-The deductions, which are to be made before the partition of succession, consist:

1. Of the sums due to one or more of the heirs for a debt due them by the deceased, or advances made to the succession, or expenses on its effects, according to the amount settled among the heirs;

2. Of the amount owing to the heirs to whom a collation is due, when the collation is made by taking less, in order that the heirs may receive a portion equal to the amount of the collation which is due;

3. Of the privileged debts due or paid on account of the succession, which have been incurred since the death of the deceased, or in order to effect the partition.

ART. 1282.-When the collations have been made in kind, or when there is none to be made, the deductions are taken from the active mass of the succession, and the balance remaining forms the mass to be divided.

ART. 1283.-But when the collation is made fictitiously and by taking less, the notary having formed the active mass of the succession, including the collation, deducts the sum at which the property collated is estimated, and on the mass thus reduced the deduction is made.

ART. 1284.-When the deduction which is to be made in favour of the heir to whom the collation is due, has been ascertained and established, according to the preceding article, if there be among the effects of the succession any moveables or immoveables, which this heir wishes to take at the estimated value, in payment of the

amount of the collation due to him, he can take them at his choice, and the notary shall give them to him.

ART. 1285.-If there be two or more heirs, who have a right to receive the collation due to them in the property and effects of the succession, and they cannot agree on the partition of the effects which they have, thus chosen, the notary shall appoint experts to form allotments of these effects, for which the parties entitled to the collation shall draw lots, in the same manner as is hereafter prescribed for the formation and drawing of the lots of the definitive partition.

ART. 1286.- When the deductions have been made, and those to whom the collations were due have received them, as is said in the preceding article, the notary divides what remains into as many equal lots as there are heirs, or roots entitled to a share.

ART. 1287.-In the formation and composition of the lots, care must be taken to avoid as much as possible the cantling of tenements, and not to separate what is necessary for the same cultivation. And there ought to be included, if possible, in each lot, the same quantity of moveables, immoveables, rights and credits of the same nature and value.

ART. 1288.-When the lots are of unequal value, such inequality is compensated by means of a return of money, which the co-heir, having a lot of more value than the other, pays to his co-heirs.

ART. 1289.-The lots are formed by experts chosen for that purpose and sworn by the notary charged with the partition, and are afterwards drawn for by the coheirs.

ART. 1290.—If, in the course of a partition referred to a notary, contestations should arise, the notary shall make a procès-verbal of the objections and declarations of the parties, suspend his proceedings and refer the