The Short Title of this Act shall be “The Partition Act, 1870.”

In this Act the term “the Court” means the Supreme Court of New Zealand.

In a suit for partition where if this Act had not been passed a decree for partition might have been made, then if it appears to the Court that, by reason of the nature of the property to which the suit relates or of the number of the parties interested or presumptively interested therein, or of the absence or disability of some of those parties, or of any other circumstance, a sale of the property and a distribution of the proceeds would be more beneficial for the parties interested than a division of the property between or among them, the Court may if it thinks fit, on the request of any of the parties interested, and notwithstanding the dissent or disability of any others of them, direct a sale of the property accordingly, and may give all necessary or proper consequential directions.

In a suit for partition where if this Act had not been passed a decree for partition might have been made, then if the party or parties interested, individually or collectively, to the extent of one moiety or upwards in the property to which the suit relates, request the Court to direct a sale of the property and a distribution of the proceeds, instead of a division of the property, between or among the parties interested, the Court shall, unless it sees good reason to the contrary, direct a sale of the property accordingly, and give all necessary or proper consequential directions.

In a suit for partition where if this Act had not been passed a decree for partition might have been made, then if any party interested in the property to which the suit relates requests the Court to direct a sale of the property and a distribution of the proceeds, instead of a division of the property, between or among the parties interested, the Court may if it thinks fit, unless the other parties interested in the property or some of them undertake to purchase the share of the party requesting a sale, direct a sale of the property, and give all necessary or proper consequential directions; and in case of such undertaking being given, the Court may order a valuation of the share of the party requesting a sale in such manner as the Court thinks fit, and may give all necessary or proper consequential directions.

On any sale under this Act, the Court may, if it thinks fit, allow any of the parties interested in the property to bid at the sale, on such terms as to non-payment of deposit, or as to setting off or accounting for the purchase money or any part thereof instead of paying the same, or as to any other matters, as to the Court seem reasonable.

Section thirty of “The Trustee Act, 1850,” adopted by “The English Acts Act, 1854,” shall extend and apply to cases where in suits for partition the Court directs a sale instead of a division of the property.

Sections twenty-two to twenty-four (both inclusive) of “The Leases and Sale of Settled Estates Act, 1865,” shall extend and apply to money to be received on any sale effected under the authority of this Act.

In a suit for partition, the Court may make such order as it thinks just respecting costs up to the time of the hearing.