Page:United States Statutes at Large Volume 31.djvu/531

 FIFTY-SIXTH CONGRESS. Sess. I. Ch. 786. 1900. 479 ' with sufficient surety or sureties, with condition to account for and dis se of the same according to law. gse. 935. If any person shall appear and object to the grantin of W§g§]*;·p‘;§ggB*° Pm any license prayed for under the provisions of this chapter, and it ` shall appear to the commissioner that either the petition or the objection is unreasonable, the commissioner shall give judgment for costs against the losing party in the cause. - Sec. 936. No action for the recovery of any estate sold by a guard- toiggggmmglg ian under the provisions of this chapter shall be maintained by the by guardian. ward, or by any person claiming! under him, unless it be commenced within five years next after the termination of the guardianship, excepting only that persons out of the district, and minors and others under legal disability to sue at the time when the cause of action shall accrue, may commence their action at any time within five ears next after the removal of the disability or after their return to tile district. ‘ Sec. 937. In case of an action relating to any estate sold by a guard- tig¢;*:£ig° i¤gg¤1¤fiian under the provisions of this chapter, in which the ward, or any °v° S"` person claimingwunder him, shall contest the validit of the sale, the same shall not avoided on account of any irregularity in the pro·‘ ceedings: Provided, It shall appear- _ First. That the guardian was licensed to make the sale by a commissioner of competent jurisdiction; _ Second. That e gave a bond that was approved by the commissioner; Third. That he took the oath prescribed in this chapter; Fourth. That he gave notice of the time and place of sale as prescribed by law; and ‘ · — Fifth. That the premises were sold accordin ly at public auction, and are held by one who purchased them in good faith. Sec. 938. If, in relation to such sale, there should be any neglect or ia;-iggutggcgfl misconduct in the proceedings of the guardian, by which any person ' interested in the estate shall suifer damagle, such aggrieved party may recover such damage in an action on the bond of such guardian or otléerwise as gnilfase gy reguire. I d b » dm _ d h _ Ec. 939. e vai `ty o any sa e ma e y a guarn un er t is S¤1¢·wh¢¤¤<e= he? cha ter shall be drawn in question by any person claiming adversely $l1’°m°ugh lmgu to the title of the ward, or claiming under any title that is not derived ` from or through the ward, the sale shall not be held void on account of any irregularity in the proceedings: Provided, The guardian was authorized to make the sale by the proger commissioner, and that he did accordingly execute and acknowle ge, in legal form, a deed for the conveyance of the premises. ‘ Cmvrnn Nrmarrr. or APPEALS IN rnonyrn oxsns. Sec. Sec. 940. Appeals to district court. I 942. Duty of district judge. 941. Exceptions and orders of commis- 943. Proceedings  such cases. SIODGI._. ` Sec. 940. There shall be an appeal to the district court of the dis- Appeals to district trict of Alaska from all orders of the commissioners- exercising the °°“"‘ jurisdiction of a court of probate. _ Sec. 941. In the case of decedents any heir, legatee, devisee, cred- deicgptions and oritor, or other rson interested in the estate, and in the case of minors, m ° °°mmM°°°r' lunatics, and hgbitual drunkards, andy creditor or relative within the third degree of consanguinity, may le with the commissioner exceptions to any order of such commissioner {ranting or revoking letters of administration or of guardianship, a owing semiannual or final