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Sec. 18. The claim shall be entered at the same time with the defendant's answer, if any, unless the court shall, for sufficient reasons, allow it to be made afterwards.

Sec. 19. In the trial of any such cause, if the finding be for the plaintiff, the court or jury, as the case may be, shall at the same time determine the sum to be allowed the defendant for such improvements, unless it shall be otherwise ordered by the court, as provided in the following section.

Sec. 20. If it shall appear to the court, on the motion of either party, that it would be more convenient to postpone the assessment of the sums due, respectively, to the plaintiff for the rents and profits and damages, or the defendant for improvements, until after the trial of the title and verdict thereon, the court may make an order for that purpose at any time before the verdict is rendered.

Sec. 21. If the assessment of the sums due to either party is so postponed, the same shall be assessed by the court, unless either party shall move to have them assessed by a jury, or unless the court shall think proper to have them so assessed, in which cases a jury shall be empanneled to assess the same.

Sec. 22. The sum due for rents and profits, or other damages, or for improvements, may, in all cases, with the consent of parties, be assessed by arbitrators or assessors appointed by the court.

Sec. 23. The sum to be allowed for improvements shall never exceed the amount actually expended by the defendant and those under whom he claims, nor shall it exceed the amount to which the value of the premises is actually increased thereby at the time of the assessment.

Sec. 24. In all cases where any sum is allowed the defendant for improvements, it shall be set-off against the sum found due from him for rents and profits and other damages; and if there is a balance due from him, the plaintiff shall have judgment and execution therefor, as well as for the possession of the demanded premises.

Sec. 25. If the sum found due to the defendant for improvements exceed the sum due from him for the rents and profits and damages accrued within the six years, he shall be chargeable with the rents and profits and damages accrued before that time, and while he was in possession, so far as may be necessary to balance his claim for improvements; but in such case he shall not be liable to repay the excess, if any, of the rents and profits and damages, beyond the value of the improvements.

Sec. 26. If there is any sum due to the defendant for improvements after deducting the rents and profits and other damages for which he may be found chargeable, the plaintiff shall pay the same before he shall take out his execution for possession of the premises, and the money may be paid to the defendant himself, or to the clerk of the court for his use; and the plaintiff shall not be entitled to recover against the defendant, or any person claiming under him, any rents and profits that shall accrue after the judgment and before he shall have paid the sum so due the defendant.

Sec. 27. Nothing contained in this chapter shall prevent the plaintiff from maintaining an action for mesne profits, or damages done to the premises, against any other person than the defendant, who may have had possession of the premises, or may be otherwise liable to such action.

Sec. 28. When the defendant shall claim allowance for improvements, as before provided, the plaintiff may, by a like entry on the record, require that the value of his estate in the demanded premises, without the improvements, shall also be determined.

Sec, 29. The value of the premises in such case shall be estimated as it would have been at the time of the inquiry, if no such buildings or improvements had been made or erected on the premises by the defendant, or any person under whom he claims; and this sum shall be ascertained either by the court or jury, or by arbitrators or assessors, in the same manner as is provided for assessing the sums due for rents and profits, and for improvements.

Sec. 30. The plaintiff in such case, if judgment is rendered for him, may, at any time during the same term, or before judgment is rendered on the assessment of the value of the improvements, in person, or by his attorney in the cause, enter on the record his election to relinquish his estate in the premises to the defendant, at the value so ascertained, and the defendant shall thenceforth hold all the estate that the plaintiff had therein at the commencement of the action, provided he pay therefor the said value, with interest, in the manner in which the court may order it to be paid.

Sec. 31. The payments shall be made to the plaintiff, or to the clerk of the court for his use, and the land shall be bound therefor. If the defendant fail to make such payments within or at the times limited therefor, respectively, the court may order the land to be sold, and the proceeds applied to the payment of said value and interest, and the surplus, if any, to be paid to the defendant; but if the net proceeds be insufficient to satisfy the said value and interest, the defendant shall not be bound for the deficiency.

Sec. 32. If the party by or for whom the land is claimed in the action, be a married woman, minor, or insane, such value shall be deemed to be real estate, and shall be so invested, under the direction of the court, as to secure to all parties interested therein, the same interest they would have had in the real estate.

Sec. 33. If the defendant, or his heirs or assigns, shall, after the premises are so relinquished to him, be evicted thereof by force of any better title than that of the original plaintiff, the person so evicted may recover from such plaintiff, or his executors, administrators, heirs, or devisees, as the case may be, the amount so paid for the premises, as so much money had and received by such plaintiff in his lifetime for the use of such person, with interest thereon from the time of such payment.

Sec. 34. If the person impleaded in such second action for the recovery of the premises shall give notice thereof to the party who is so liable to refund the purchase money, and shall permit him to defend the action, judgment, if rendered against such person, shall be conclusive as to his right to recover the amount so paid for the premises.

Sec. 35. If the person impleaded does not give notice as aforesaid to the other party and permit him to defend the action, the latter shall then be permitted, in the action afterwards brought against hini for the price of the premises, to deny the title upon which the second recovery was had, and the party so evicted shall not recover the said price, unless he shall prove that he was evicted by force of a better title than that of the original demandant.

Sec. 36. If the plaintiff claim only an estate for life in the premises recovered, and pay any sum allowed to the defendant for improvements, he, or his executors or administrators, may recover at the determination of his estate, from the remainder map or reversioner, the value of the said improvements as they then exist, not exceeding the amount so paid by him, and shall have a lien therefor on the premises in like manner as if they had been mortgaged for the pasment thereof, and he or they may keep possession of said premises until it be paid.

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.

SECTION

1. General power of the circuit court. 2. Mental condition of party ; how ascer

tained. 3. Petition for commission to issue. 4. Court may award or refuse commission

in its discretion. 5. Form of commission. 6. 7. How commission executed. 8. 9. Return of commission. 10. Inquisition may be confirmed or quash

ed, &c. 11. The death of one of several persons

composing a committee not to deter

mine the powers of survivors. 12. Committee or trustee to give bond, &c. 13. Committee entitled to the custody of

the person of insane party, and the

care of his estate. 14. Committee to return inventory and ap

praisement of estate. 15. Committee to account at least once

every year, &c. 16. Compensation allowed committee.

SECTION 17. Circuit court may decree sale of insane

person's estate, real or personal, for

the payment of debts. 18. Same, for the maintenance of himself

and family, and the education of his

children. 19. Or for reinvestment. 20. Circuit court may authorize lease of

real estate of insane party, not ex

ceeding ten years, &c. 21. Proceedings in such cases. 22 Committee may apply for order to con

vey real estate held by insane party,

by way of mortgage, or in trust. 23. Party entitled thereto may also apply. 24. Effect of conveyances executed by com

mittee. 25. Specific performances of contracts made

by insane person may be compelled. 26. On recovery of insane person, committee

to pass a final account, and restore

his estate. 27. How insane person committed to govern

ment hospital, or to an institution out of District.

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 discretion 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.

Sec. 7. The jury may require the personal attendance of the supposed insane

person for the purpose of examination, and if the person in 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 be enforced by attachment for contempt.

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.

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