The commissioner shall fix a day, hour, and place for the division and shall for such purpose notify the parties thereto. At the time and place fixed, and in the presence of the parties, he shall have the power to examine witnesses and experts. He shall submit a statement of the property subject to division, with the value of each item, and in his report, which must be subscribed by him, he shall point out the way and manner in which the property may be justly and equitably divided between those entitled to share in the inheritance or succession, and if in his opinion, such division cannot be made without sale, he shall include that fact in his report and recommend a judicial sale for the purpose of distribution of the proceeds. He shall file his report with the clerk of the court, and any of the parties may file an application for the approval of such report, on eight (8) days’ notice to other parties. If, during eight (8) days after notice of the filing of the report no objections to the report are filed, the judge of the Court of First Instance shall approve it and make an order for partition, division, or distribution in accordance therewith. If objections are filed to the report, the matter may be brought on for hearing before the court by any party on five (5) days’ notice to the others, and the judge, after hearing the parties by their counsel, shall sustain or overrule the objections, confirm the report or set it aside, or send it back for amendment. If the report shall be attacked for bribery, conspiracy, fraud or misconduct in the proceeding, and there appear substantial grounds for the accusation, the judge shall remove the commissioner and direct a copy of the proceedings and of the evidence to be placed in the hands of the prosecuting attorney of the Court of First Instance for the institution of criminal proceedings and set aside the report and appoint another commissioner to make a new partition.
History —Code Civil Proc., 1933, § 603.