§ 981 — Costs and expenses

§ 981. Costs and expenses. 1. The final judgment for the partition of\nthe property must also award that each defendant pay to the plaintiff\nhis proportion of the plaintiff's costs, including the additional\nallowance. The sum to be paid by each must be fixed by the court\naccording to the respective rights of the parties, and specified in the\njudgment.\n 2. If a defendant is unknown, his proportion of the costs shall be\nfixed and specified in like manner. An execution against an unknown\ndefendant may be issued to collect the costs awarded against him as if\nhe were named in the judgment; and his right, share or interest in the\nproperty may be sold by virtue thereof as if he were named in the\nexecution.\n 3. Where final judgment confirming a sale is rendered, the costs of\neach party to the action and the expenses of the sale, including the\nofficer's fees, shall be deducted from the proceeds of the sale and\ndistributed as the court shall order. But the court, in its discretion,\nmay direct that the costs and expenses of any trial, reference or other\nproceeding in the action be paid out of the share of any party in the\nproceeds, or may render judgment against any party therefor. Where a\nproportion of the proceeds is to be paid to or invested for the benefit\nof any person, as prescribed in any provision of this article, the\namount thereof must be determined by the residue of the entire proceeds\nremaining after deducting the costs and expenses chargeable against\nthem.\n 4. The officer making the sale shall pay out of the proceeds, unless\nthe judgment otherwise directs, all taxes, assessments and water rates,\nwhich are liens upon the property sold, and redeem the property sold\nfrom any sales for unpaid taxes, assessments or water rates, which have\nnot apparently become absolute. The sums necessary to make those\npayments and redemptions are deemed expenses of the sale.\n 5. After actual partition, the fees and expenses of the commissioners,\nincluding the expense of a survey when it is made, shall be taxed under\nthe direction of the court, and the amount thereof shall be paid by the\nplaintiff and allowed as part of his costs.\n 6. Fees of surveyor or commissioner in action for partition. The fees\nof a surveyor and a surveyor's assistant, employed as prescribed by law\nin an action for partition, and of a commissioner appointed as\nprescribed by law to make partition, shall be the same as those provided\nby section 1052 of this chapter for services rendered in an action for\ndower.\n