Page:United States Statutes at Large Volume 31.djvu/1269

 FIFTY-SIXTH CONGRESS. Sess. ll. Ch. S5-1. 1001. 12].7 money by mortgage to improve his real property or to pay off charges, liens, or incumbrances thereon, the court may, on the application of the guardian or of the infant by next friend, decree a conveyance of said Cproperty, by mortgage or deed of trust, to be executed by the guar ian, on such terms as inay seem to the court expedient; and this section shall apply to cases where the infant holds jointly or in common with other persons of full age or holds a portion of the estate, as a particular estate, for life or  or in remainder or reversion: PPO/virled, That the other owners interested, all being of full age, will {got-jisoi t d consent to such decree and unite in said mortgage or deed of trust. Umm O eww Sec. 165. SALE or INE`ANT’S PRINCIPAL Fon MAINTENANCE, AND so gels pf, i¤f¤¤_¢’¤ FORTH.—\)lTh€1‘€W’€1` it shall appear, upon the petition of the infant by $,3.2‘£.‘.E‘§i min mmm next friend or of the guardian of an infant, and the appearance and answer of such infant by guardian to be appointed by the court, and proof by depositions of one or more disinterested witnesses, that a sale of the principal of the infart’s estate, or of some part thereof, whether real or personal, is necessary for his maintenance or education, regard being had to his condition and prospects in life, the said court may decree such sale on such terms as to it may seem proper. Sec. 166. INDIGENT EoYs.—The court shall have power to appoint imngcm soy;. guardians to indigent boys for the purpose of securing their enlistment in the naval or marine service of the United States, as provided by law, free of all costs on account of such proceeding. Sec. 167. LUNACY PROCEEDINGS.——1*hll\V1'lCS de lunatico inquirendo L¤¤¤cypv0c<>edir¤gs. shall issue from said probate court, and the justice holding said court shall preside at all inquisitions of lunacy, and, when necessary, may use a jury from either the circuit or criminal court, or may cause a special jury to be summoned for such inquisitions. Sec. 168. ESTATES or LUNAT1os.—The said court shall have full ESMMG <>f1¤¤¤¤¢S- power and authority to Superintend and direct the affairs of persons non compos mentis, and to appoint a committee or trustees for such persons, and to make such orders and decrees for the care of their persons and the management and preservation of their estates, including the collection, sale, exchange, and reinvestment of their personal estate, as to the court may seem proper. The court may, upon such Releasecfdowerof. terms as under the circumstances of the case it may deem proper, decree the conveyance and release of any right of dower of a person non compos mentis, whether the same be inchoate or otherwise. Sec. 169. The court shall have the same power in respect of the Power 0; court the freehold or leasehold estates of such persons as is provided for in rela- alt'? as with mf“m’ tion to the estates of infants, to be exercised upon the application of the guardian, trustee, or committee of such person; and upon the death of any such person non compos mentis the proceeds of any sale of his estate which may have been invested otherwise than in real estate shall be deemed real estate, and shall descend as the property or estate would if it had not been sold. · Sec. 170. The said court inay order any part of the estate of a pe1·- Sale. son non compos mentis, for whom a committee, guardian, or trustee has been a pointed, to be sold, when necessary for his maintenance, upon application of said committee, guardian, or trustee, and full proof of the necessity of such sale. Upon the application of any judgment creditor of a person non compos mentis the court may decree a sale of the real or personal estate of such non compos 111€HiLlS, o1· such part thereof as may be necessary to pay the Oltlllll of such cred— itor, upon being satisfied that such claim is just and there are no other means of paying the same. Sec. 171. No sales of the property of infants or persons non compm —mnmms¤ of sale mentis made by authority of the aforegoing sections shall be valid and ”€°eSSm` effectual to pass title to the property sold until they have been reported to and ratified by the court. vox. xxx1———-77