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SEC. 37. Nothing contained in this chapter concerning the rents and profits to be recovered, or the allowance for improvements made on the premises demanded, shall extend or apply to any action brought by a mortgagee, or his heirs or assigns, against a mortgagor, or his heirs or assigns, for the recovery of the mortgaged premises.

TITLE VII.

CHAPTER 64.

OF THE CUSTODY OF THE PERSON, AND THE MANAGEMENT OF THE ESTATE, OF PERSONS INSANE.

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SECTION 1. The circuit court shall have power to superintend and govern the affairs of insane persons, both as to the care of their persons and the management of their estates, and may appoint a committee or trustee for every such person, and may make such orders respecting their persons and estates as to the court shall seem proper.

SEC. 2. The mental condition of a party shall be determined under a commission de lunatico inquirendo, to be issued by the court, and directed to the marshal, the proceedings under which, subject to the provisions of this chapter, shall be as heretofore.

SEC. 3. A petition may be filed by any one related to the insane person, or interested in his estate, asking the circuit court to issue a commission to inquire into the lunacy of the party. Such petition shall briefly state the character of the supposed mental alienation, and shall be verified by the affidavit of a physician or other competent person, deposing to the insanity of the party, or in such other manner as the court may direct.

SEC. 4. The court may then award such commission, or in its discre tion refuse the same.

SEC. 5. When awarded, the clerk of the court shall issue, under the seal thereof, a commission to the marshal of the District, directing him to inquire, by the oaths of lawful jurors, whether the supposed insane person is non compos or not; and if he be non compos, how and in what manner he became so; and how long he has been so; whether from his birth or not; and if he enjoys lucid intervals. Proper notice of the time and place of the execution of said commission shall be given to the supposed lunatic.

SEC. 6. The marshal may empannel any number of jurors not less than twelve nor more than twenty-three, and the inquisition shall be good if signed and sealed by any twelve thereof and by the marshal, and shall be executed at the residence of the supposed insane person, if he have one, unless the court, for special reasons, shall direct its execution at a different place.

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SEC. 7. The jury may require the personal attendance of the supposed insane person for the purpose of examination, and if the person whose custody he is fail to obey the requisition of the jury, an order directing his production may be obtained from the circuit court, or, in vacation, from any judge thereof, and obedience thereto may enforced by attachment for contempt.

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SEC. 8. The proceedings before the jury shall be public. The marshal shall have power to summon and swear witnesses, and if they refuse or omit to attend or be sworn, an attachment may, on application to the circuit court or any judge thereof, be issued against them. The supposed lunatic or any friend may, in person or by

counsel, examine and cross-examine witnesses.

SEC. 9. The commission shall be executed and returned to the circuit court with as little delay as posible. In it the jury shall respond to every inquiry in the commission, and in proper cases shall state with precision that the party is an idiot, or lunatic, or is of unsound mind, so that he is unfit for the government of himself or his estate.

SEC. 10. On the return of the commission to the circuit court, the inquisition of the jury may be confirmed, or, on petition filed to that effect, may be traversed or quashed, in the discretion of the court, and the proceedings thereon shall be as heretofore; and a new commission, if necessary, may issue.

SEC. 11. When two or more persons shall be associated as the committee of an insane person, and one shall die, the authority of the survivor or survivors shall not determine.

SEC. 12. Every person appointed as a committee or trustee of such party shall give bond, in a penalty and surety to be approved by the circuit court, and to be filed with the clerk thereof, conditioned for the faithful performance of his duties according to law. He may be required by the circuit court, as in the case of an administrator, to give counter, new, or additional security, and on failure so to do, may be removed, and be compelled to deliver the property of the insane person, together with all papers and evidences of debt belonging to him, to another committee or trustee appointed by the court.

SEC. 13. On filing such bond the committee of any insane person shall be entitled to the custody and control of his person (when he resides in the District, and is not confined in an asylum or prison) and also to the possession and management of his estate.

SEC. 14. Every committee of an insane person shall, within four months after his appointment, file in the office of the clerk of the circuit court, a true inventory and appraisement of all the estate, real and personal, of such insane party, the same to be executed in the manner hereinafter prescribed for the appraisement of the estates of wards.

SEC. 15. Every committee shall, at least once in every year after his appointment, pass, under oath, an account of his trust, verified by vouchers or proof. He shall charge himself therein with all the income of the estate, and other moneys which have come to his hands, and shall be allowed for all proper disbursements. The court shall determine, from time to time, but in advance of the expenditure

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thereof, the sum of money to be applied to the support of the insane person, and the maintenance and education of his family.

SEC. 16. The court may allow to the committee or trustee charged with the care of the person or estate of the insane parson, as compensation therefor, any sum not exceeding twelve per cent. on his income and personal expenditures.

SEC. 17. On the application of any creditor of an insane person, the circuit court may order a sale of the real or personal estate of such insane party, or such part thereof as may be necessary to pay his debts, if the court be satisfied of the justice thereof, and that there is no other means of paying the same.

SEC. 18. The circuit court may also authorize the committee or trustee of any insane person to sell the property, real or personal, of such insane party, or so much thereof as may be necessary, for the support and maintenance of himself or his family and the education of his children, or for the payment of all real and just expenses which said committee or trustee may have incurred.

SEC. 19. The circuit court may likewise, upon the application of the committee or trustee of any insane person, order the sale of any real or personal estate of such insane party, and direct the money arising therefrom to be invested in stocks or mortgages on real estate, or other safe securities, as the court may deem most advantageous; and on the death of such insane person, the principal sum arising from such sales of real estate, or so much thereof as may not be applied to his use and maintenance, or the maintenance and education of his family, shall descend to the persons to whom the real estate would have descended had the same not been sold.

SEC. 20. The circuit court may, on like application, authorize the committee or trustee of any insane person to lease his real estate for any period not exceeding ten years, when the same shall be deemed by the court advantageous to the interests of such insane party; and may, under like circumstances, order the surrender of any lease of the estate of such party to be accepted, and the same to be demised anew, as before provided; or may authorize the committee to renew any lease that the insane party shall have the privilege of renewing.

SEC. 21. In all applications to sell the real or personal property of any insane person, or to lease the former, the court shall, before making such order, have the appearance and answer of such person,

by his guardian ad litem, to be appointed by the court, and have proof taken as to the value, quantity, and condition of the property; and no sale or lease of such property shall be valid unless the same shall be reported to and confirmed by the court.

SEC. 22. When any insane person shall be seized or possessed of any real estate by way of mortgage, or as trustee for others in any manner, his committee may apply to the circuit court for authority to convey such real estate to the person entitled thereto in such manner as the court shall direct; and upon hearing all the parties interested, the court may order such conveyance to be made.

SEC. 23. On the application of any person entitled to such conveyance, the circuit court may compel the committee of any insane person, on the hearing of all parties interested, to execute such con

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SEC. 24. Every conveyance made under the provisions of this chapter, in pursuance of an order of the circuit court, shall be as valid as if the same had been executed by such insane person when of sound mind and understanding.

SEC. 25. The circuit court shall have power to compel the specific performance of any bargain or contract which may have been made by an insane person while he was able to contract, or of any made by another person, and subject to which such insane person claims, and to direct the committee of such person to do and execute all necessary acts and coveyances for that purpose.

SEC. 26. When an insane person shall regain his right mind and become capable of conducting his affairs, his committee shall render a final account of his trust and restore to him his estate, or so much thereof as shall remain.

SEC. 27. Any insane person may be committed to the government hospital as provided in chapter thirty-five, or when, on application of the committee or trustee of any insane party, the circuit court shall be satisfied that there is in any of the United States an institution better calculated to promote his comfort or restoration, and that his estate will suffice for the costs of removal and maintenance, it may authorize the removal of the insane party by his committee or trustee and his committal to such institution.

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