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SECTION 1. The circuit court shall have power to order the sale of an infant's real estate, in whole or in part, when satisfied, upon such proceedings and proof as are hereinafter prescribed, that the interest of the infant manifestly requires the same, and that the rights of others will not be violated.
SEC. 2. The guardian of such infant may file his petition for that purpose in the circuit court, and shall state therein plainly and distinctly, all the estate, real and personal, of such infant, and all the facts which, in his opinion, are calculated to show whether the interests of his ward will be promoted by such sale or not, and said bill shall be verified by the oath of the guardian.
SEC. 3. The infant, together with those who would be heirs to the estate if he were dead, shall be made parties defendants thereto, and it shall be the duty of the court to appoint some fit and disinterested person guardian ad litem for the infant, who shall answer such petition on oath; and the infant also, if above the age of fourteen years, shall answer the same in proper person, on oath.
SEC. 4. Whether the answer to the petition admit the facts alleged or not, before the court shall have authority to decree a sale, every fact material to ascertain the propriety thereof shall be clearly proved by competent evidence in such manner as the court may direct; depositions being taken in the presence of the guardian ad litem, or upon interrogatories agreed upon by him.
SEC. 5. When any infant shall have a joint interest or interest in common with others in any lands, and it shall appear, on the application of any of the parties concerned, and the appearance of suchinfant by guardian ad litem appointed by the court to defend the same, and after proof taken as before provided, to be to the interest of both the infant and others concerned, that such land or
any part thereof should be sold, the circuit court may order the sale thereof.
SEC. 6. The circuit court shall likewise have power, on proceedings and proof similar to those herein before prescribed, to order the sale of any estate held by an infant in remainder or reversion, and when the tenants or holders of the particular estate, or prior or subsequent remainders, whose estates will complete the entire fee, will consent, the court may decree the sale of the whole estate, and shall adjudge such part of the proceeds of sale to be paid to such tenant or holder, or the annual interest of the proceeds of sale to be secured and paid to them, for such time and in such manner as the court shall deem equitable.
SEC. 7. The circuit court shall also have power to confirm any contract made for the sale of lands held as aforesaid for or on behalf of any infant, when, upon hearing and proofs as herein before prescribed, it shall deem the same advantageous to the infant.
SEC. 8. The order of the court shall always specify whether the sale is made for the maintenance of the infant, or for reinvestment; and if the same be for maintenance, the guardian of such infant shall apply the proceeds of the sale, or the infant's share thereof, to that purpose, as far as may be necessary; and shall put out the residue until needed, on interest, or shall invest it as he is required to do in the case of the ward's personal estate.
SEC. 9. If the estate be sold for the purpose of reinvesting the proceeds, or the infant's share thereof, the guardian shall make the investment in accordance with any order that may be made by the circuit court relative thereto, and if no such order be made, he shall invest it as he is hereinafter required, in chapter seventy-two, to invest the proceeds of sale of personal property.
SEC. 10. Every guardian authorized to sell real estate of his ward, shall, before making the sale, give bond, with sufficient sureties to be approved by the circuit court, conditioned to sell the same, and to account for and dispose of the proceeds of sale as required by law.
SEC. 11. All sales authorized by this chapter shall be made in such manner and on such terms as the court shall direct, always retaining a lien upon the estate sold for the purchase money; and on the same being reported to the circuit court and confirmed by it, and payment in full of the purchase money being made, the court may order an absolute and complete title to be made to the purchaser.
SEE. 12. If the infant, after any such sale, shall die under the age of twenty-one years, or intestate, and without lawful issue, the proceeds thereof, or so much of the same as shall remain, or the investments made therewith, shall be considered as real estate, and shall descend accordingly to such persons as would have been entitled to the real estate had it not been sold.
SEC. 13. In no case shall the guardian of such infant, or his guardian ad litem, be admitted a purchaser at such sale, either by himself or through another, or in any manner whatever become the owner of the real estate during the infancy of the ward.
SEC. 14. No sale of an infant's real estate shall be ordered by virtue of this chapter, if the person from whom the same is derived shall, by his deed or will granting or devising the same, expressly direct otherwise.
SEC. 15. No part of the costs of such proceedings shall be chargeable to the infant's estate unless a sale is ordered, except that when the petition is filed by the guardian, and the court shall think he had reasonable grounds for so doing, and that he acted in good faith, the infant's estate shall be taxed with costs though no sale be ordered.
SEC. 16. In all cases where it shall appear, by proof as before provided, to be to the interest of an infant to raise money by way of mortgage to improve his real estate, or to pay any charges, liens, or encumbrances thereon, the circuit court may, on the application of the guardian or next friend of the infant, order the conveyance of any interest of such infant in any real estate, by way of mortgage, in such form and on such conditions as to the court may seem best.
SEC. 17. The circuit court may, in all cases where it has the power to order a sale of an infant's real estate, or a mortgage thereon, on like proceedings and proofs being had, order the same to be demised for any term of years within the nonage of the infant, and on such terms and yielding such rents as to the court shall seem proper.
SEC. 18. When an infant shall be seized or possessed of any real estate by way of mortgage, or as trustee for others, his guardian may be authorized or compelled to convey the same to the persons entitled thereto, in the manner prescribed in the case of a committee of an insane person; and where an infant holds real estate, bound by an agreement to convey, made by any one through whom he claims, the court may order a specific performance of such agreement on the part
of the guardian, and the deed made in either case shall be as valid as if made by the infant after attaining full age; saving to such infant the right to show cause, within six months after he shall attain full age, why such conveyance should not have been ordered, and on sufficient cause being shown, to have a reconveyance of the real estate by whomsoever possessed under the conveyance made by said guardian, and also a full account of the rents and profits thereof, from the person who shall have received the same.
SEC. 19. The provisions of this chapter shall extend as well to the equitable as legal estate of the infant.
3. Judgments, &c., to be docketed.
4. Character of entry.
5. Penalty, &c., on clerk's failure to docket the same.
6. Judgment of justice of the peace; when to become a lien.
7. No recognizance to be a lien.
8. Lis pendens to be recorded to affect purchaser without actual notice.
9. When judgment creditors to be paid ratably.
10. How real estate liable, as between alienees of different parts thereof.
11. Execution; when to bind personal property.
12. Officer to endorse on writ of execution the time of its reception.
13. Priority of levy and satisfaction.
14. What real estate, &c., liable to execu-
Equity of redemption; when not li-
Proceedings when estate can be restored.
SECTION 1. Every judgment or decree rendered in the circuit court of this District, for any debt, damages, sum of money, or costs,
against any person, shall, for the space of twelve years thereafter, be a lien on all the real estate of or to which such person shall be possessed or entitled at or after the date of such judgment or decree.
SEC. 2. No judgment or decree shall be a lien on real estate, as against a purchaser thereof for a valuable consideration, without notice, unless it be docketed and indexed, as provided in sections three and four of this chapter, either within six months after the date thereof, or thirty days before the conveyance of said estate to such purchaser.
SEC. 3. The clerk of the circuit court shall keep in his office, in a separate and well bound book, a judgment docket, in which he shall enter, without delay, any judgment or decree rendered in said court; and also every judgment rendered by a justice of the peace of this District, on any person interested therein delivering to him an abstract of such judgment, certified under the hand and seal of the justice who gave the same.
SEC. 4. In such docket shall be stated the date and amount of such judgment or decree, the date of docketing it, the alternative value of any specific property recovered by it, and the amount and date of any credits, together with the names and residence of the parties, so far as they appear from the pleadings in the case, or from such abstract. The clerk shall also index the same in the name of each defendant therein.
SEC. 5. If the clerk fail to do anything required of him in the last two preceding sections, he shall pay a fine of not less than twentyfive nor more than one hundred dollars, to any person who will prosecute therefor, and shall answer in damages to any judgment creditor who shall suffer from his neglect.
SEC. 6. A judgment of any justice of the peace of this District, rendered for any debt, damages, sum of money, or costs, when certified and docketed as herein before provided, shall be a lien on real estate, as fully, in all respects, as a judgment rendered by the circuit court, and execution may issue and be levied thereon as on a judgment
of the circuit court.
SEC. 7. No recognizance taken by any court or officer shall be a lien on any real estate.
SEC. 8. No lis pendens shall bind or affect any purchaser of real estate, without actual notice thereof, unless and until a memorandum