Hihn

— "When the final decree of partition was rendered in September, 1864, the question of costs was reserved until the next term of the court; and on the 8th of December, 1864, judgment was rendered in favor of the plaintiff in the partition — the plaintiff herein — against several persons for costs, and, among others, against Maria Luisa Juan for thirty-four dollars and fifty-six cents. It is provided by section 308 of the Practice Act that the costs of partition shall be paid by the parties respectively, in proportion to their respective interests in the land, “and may be included and specified in the judgment. In that ease they shall be a lien on the several shares, and the judgment may be enforced by execution against such shares, and against other property held by the respective parties.” It is contemplated by-the section that the costs may or may not become a lien upon the several shares of the parties, as the parties to whom they are due may elect, and the solution of the question as to whether they become a lien depends upon whether they are specified and included in the judgment of partition. The statute does not say that the costs shall, in all cases, become a lien, but…