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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 quired 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 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 apy 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 conveyance.

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.

TITLE VIII.

CHAPTER 65.

OF CONVEYANCES AND CONTRACTS, RELATIVE TO REAL AND PERSONAL

PROPERTY, FRAUDULENT AND VOID.

SECTION
1. No action to be maintained on certain

contracts, unless in writing.
2. The consideration need not be in writing.
3. Contracts for the sale of goods, &c., for

the price of fifty dollars ; when valid. 4. What to be a memorandum in sales at

auction. 5. Section three extended to goods, &c., to

be made, &c. 6. Powers of circuit court to compel spe

cific performances not to be abridged

by this chapter. 7. What conveyances, &c., of lands or

goods, &c., to ministers or religious

denominations, void. 8. Mortgages, &c., of goods, &c., mortgagor

remaining in possession, to be recorded. 9. “Creditors;" how construed.

SECTION
10. Saving as to bottomry, respondentia,

and transfers of property at sea.
11. Conveyances to defraud subsequent pur-

chasers, void. 12. Effect of notice. 13') 14. Conveyances with power to revoke ; 15.

void as to whom. 16. Conveyances, &c., to defraud creditors,

void. 17. Conveyances, &c., of goods in trust for

grantor, void as to his creditors. 18. Same; void as to heirs, executors, &c.;

of creditor or purchaser. 19. Not to affect innocent purchasers. 20. Fraudulent intent; when a question of

fact. 21. Assignments to trustees to prefer credi

tors ; how to enure, &c.

SECTION 1. No action shall be maintained in any of the following cases unless the promise, contract, or representation upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and subscribed by the party to be charged therewith, or by some person thereunto by him lawfully authorized :

First. To charge an executor or administrator, upon any special promise, to answer damages, or to pay the debts of the testator or intestate out of his own estate; or,

Secondly. To charge any person upon any agreement made in consideration of marriage, except mutual promises to marry.

Thirdly. To charge any person upon any special promise to answer for the debt, default, or miscarriage of another; or,

Fourthly. To charge any person upon a special promise made by him, after attaining full age, to pay a debt contracted during infancy; or upon a ratification, after full age, of a promise or contract made during infancy; or,

Fifthly. To charge any person upon or by reason of any assurance or representation concerning the character, conduct, ability, trade, or dealings of another, made to the intent or purpose that such other may obtain thereby credit, money, or goods; or,

Sixthly. Upon any agreement that is not to be performed within one year from the making thereof; or,

Seventhly. Upon any contract for the sale of land, or the lease thereof, for more than three years.

Sec. 2. The consideration of any such promise, contract, agreement, or representation, need not be set forth or expressed in such writing, but may be proved by any legal evidence.

Sec. 3. No contract for the sale of any goods, chattels, or things in action, for the price of fifty dollars or more, shall be valid, unless

1st. A note or memorandum of such contract be made in writing, and be subscribed by the party to be charged therewith, or by some person thereunto by him lawfully authorized; or,

2dly. Unless the buyer shall accept and receive a part of such goods or chattels, or the evidences, or some of them, of such things in action; or,

3dly. Unless the buyer shall at the time pay some part of the purchase money.

Sec. 4. Whenever any property, real or personal, shall be sold at public auction, and the auctioneer shall at the time of sale enter in a sale-book, a memorandum specifying the nature and price of the property sold, the terms of sale, the name of the purchaser, and the name of the person on whose account the sale is made, such memorandum shall be deemed a note of the contract of sale within the meaning of the section immediately preceding, or of part seventh of section one.

Sec. 5. The provisions of section three shall extend to all contracts for the sale of goods of the value of fifty dollars or more, notwithstanding it may be intended to deliver the goods at some future day, or the same may not at the time of such contract be actually made, provided, or fit for delivery, but require some act for the making or completing thereof, and rendering the same fit for delivery.

Sec. 6. Nothing contained in this chapter shall be constured to abridge the powers of the circuit court to compel the specific performance of agreements, in cases of partial performance thereof.

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