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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 him 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 man 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 payment 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.
OF THE CUSTODY OF THE PERSON, AND THE MANAGEMENT OF THE ESTATE, OF PERSONS INSANE.
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 exceeding ten years, &c.
21. Proceedings in such cases.
22 Committee may apply for order to convey real estate held by insane party, by way of mortgage, or in trust. Party entitled thereto may also apply. Effect of conveyances executed by com
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.
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
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,