Page:United States Statutes at Large Volume 32 Part 1.djvu/590

This page needs to be proofread.

524 FIFTY-SEVENTH CONGRESS. Sm. 1. cn. 12.29. 1902.

 _ 'ud ent by default ma be entered: ,H·0vided, That if the said absent

seiiiidigdlmtcfwun br igfdlfnresident defendani be an infant, the court shall appoint a guardian ad litem to answer and defend for him, and may assign counsel to . represent him as provided in section one hundred and two." Qgfggwlf {’;,‘,*j°’· Amend the caption of section 110 by striking out the word "heirs" `' and inserting in lieu thereof the word "parties." gjbgj ¤¤{%¤¤¤¤· Amend section 111 by striking out in the tenth and eleventh lines ' ’p'thereof the word "plaintiii"’ and inserting in lieu thereof the word "comp|ainant;" also by strikin out in the twentieth line thereof the word "nine" and inserting in hen thereof the word "ten;" also by striking out in the twenty-fifth line thereof the word " claimant" and . inserting in lieu thereof the word "complainant." S_2¤¤¤S¤ 0* ¤¢¤**°¤¤· Following section 115, and between t at section and section 116, ol. 31, p. 1208. . . . insert the following sections: d,gjgjj{d<g>6¤j,¤· 5¤¤"=· Sec. 115a. LUNACY rnocm:nmes.—Allw1its du lunatico inquirendo Luuseypméemngs. shall issue from said equity 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 inijluisitions. E¤¤¤*¤¤ °*l¤¤¤¤°¤- Sec. l15b. Esrxms or LUNATICS.—T e said court shall have full power and authority to superintend and direct the affairs of persons non compos mentis, and to appoint a committee or trustees for such persons after hearin the nearest relatives of such person or some of them if residing witgin the jurisdiction of the court, and to make such orders and decrees for the care of their persons and the management and preservation of their estates, inc uding the collection, sale, exchange, and reinvestment of their personal estate, as to the court may seem proper. The court may, upon such 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. 115c. The court shall have the same power in respect of the

freehold or leasehold estates of such persons as is provided for in relation to the estates of infants, to be exercised upon the ap lication of the guardian, trustee, or committee of such person; and) upon the deat of any such person non compos mentis the proceeds of any sale of his estate whic 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. 115d. The said court may order any part of the estate of a person non compos mentis, for whom a committee, guardian, or trustee has been appointed, to be sold, when necessary for his maintenance, upon application of said committee, guardian, or trustee. and full P¤r¤¤¤¤¢¤f cieim proof of the necessity of such sale. Upon the application of any judgment creditor or mortgaglee of a person non compos mentis the court may decree a sale of the real or personal estate of such non compos mentis, or such part thereof as may be necessary to pay the claim of such creditor, upon being satisfied that such claim is just and there are no other means of paying the same. R”*‘°'*'*°”°""°’· Sec. 115e. No sales of the property of infants or persons non compos mentis made by authority of the aforegoin sections shall be valid and effectual to pass title to the property sold until they have been reported to and ratified by the court. ‘ ,,,{,‘,§§,{‘,§:°""°‘* EC. l15f. D11UNKARDs.~Whenever any person residing in said District, and owning any estate, real or personal, situate therein, is unfit from the habitual use of intoxicatinggrquors, or from the habitual use of opium, cocaine, or any similar su tance, or any compound or derivative thereof, to properly manage or control the same, the said court, on the petition of any creditor or relative of such person, or if there be no creditor or relative, upon the petition of any person living