pose; and in the appointment, such persons as shall have been named TITLE 2. to be assignees by the creditors of such debtor, or by the major part of them, shall be preferred, if approved by such court or officer.94 signment; of new as $58. Such assignment shall transfer to the persons to whom it Effect of asshall be made, all the remaining estate and effects, vested in the trus- powers, &c. tee so renouncing; and such new assignee shall have the same pow- signee. ers, be subject to the same duties, and be entitled to the same compensation, as the original trustee; and shall continue any suit that may have been commenced by such original trustee, in his name, or in that of such new assignee.94 10 1 made trustee. $59. Upon producing to the officer or court allowing such assign- When order ment, the certificate of the assignee, duly proved by the oath of a sub- discharging scribing witness, that such assignment has been duly made, and the property capable of delivery, belonging to such debtor, together with all the books, vouchers, and documents, relating to the estate of such debtor, has been duly delivered; and also a certificate of the county clerk, that such assignment has been recorded; such court or officer shall grant to the trustee so applying, an order that he be discharged from his trust.94 thereupon subject to $60. Upon such order being granted, such trustee shall be dis- Trustee charged from the trust reposed in him, and his power and authority discharged, shall thereupon cease; but he shall, notwithstanding, remain subject prior liabilito any liability he may have incurred, at any time previous to the granting of such order, in the management of his trust.94 ties. petition, &c. $61. Such new assignment, upon being duly proved or acknow- Assignment, ledged, shall be recorded in the office of the clerk of the county where to be recordsuch order was granted; and the petition of the trustee, the affidavit ed and filed. and proceedings thereon, with the certificate of the new assignee, shall be filed in the same office where the original papers and proceedings, in respect to such debtor, were filed.94 be paid by $62. The expense of all proceedings in effecting such renuncia- Expenses to tion and assignment, shall be paid by the trustee making the applica- trustee. tion.94 TITLE II. OF THE CUSTODY AND DISPOSITION OF THE ESTATES OF IDIOTS, SEC. 1. Chancellor to have custody of idiots, &c., and of their estates. 2. Overseers of the poor, when to make application in respect to drunkards. 3. In certain cases application may be made to the court of common pleas. 4. In such cases, application may be made to first judge; his duty. 5. If inquisition be traversed, issue to be awarded; trial and verdict. (94) Laws of 1823, p. 137, § 4. TITLE 2. SEC. 6. Appeals from decisions of court of common pleas, when and how to be made. 7. Expenses of overseers in conducting application, how paid. Chancellor to have cus &c. 8. Every committee appointed under this Title, to file inventory within six months, &c. 9. Inventories to be verified by oath ; before whom oath to be taken. 10. Filing of such inventories may be compelled by the court. 11. Committee may petition for order to sell, &c. real estate to pay debts. 13. On coming in of report, court may make order for mortgaging, &c. 24. If party become capable of conducting his affairs, his estate to be restored. $1. The chancellor shall have the care and custody of all idiots, tody of idiots, lunatics, persons of unsound mind, and persons who shall be incapable of conducting their own affairs, in consequence of habitual drunkenness, and of their real and personal estates, so that the same shall not be wasted or destroyed; and shall provide for their safe keeping and maintenance, and for the maintenance of their families, and the education of their children, out of their personal estates, and the rents and profits of their real estates, respectively.95 Habitual drunkards. Duty of over S 2. Whenever the overseers of the poor of any city or town in this state, discover any person, resident therein, to be an habitual drunkseers of the ard, having property to the amount of two hundred and fifty dollars, which may be endangered by means of such drunkenness, it shall be their duty to make application to the court of chancery, for the exercise of its powers and jurisdiction. 96 poor. Ib. Applicacation when mon pleas. $3. If such drunkard have property to an amount less than two made to com- hundred and fifty dollars, the overseers may make such application to the court of common pleas of the county; which is hereby vested with the same powers in relation to the person and real and personal estate of such drunkard, as are by this Title conferred on the court of chancery, and shall in all respects proceed in the like manner, subject to an appeal to the court of chancery. irst judge. Ib. When to $ 4. Application for a commission in such case, may be made in vacation to the first judge of the county, who may award the same to one or more proper persons, to enquire into the fact of such alleged habitual drunkenness; and the inquisition taken thereon, shall be returned to the next court of commion pleas of the county, who shall confirm or set aside the same. (95) 1 R. L. 147, § 1; Laws of 1821, p. 99, § 1. (96) Laws of 1821, p. 99, 2. $5. If the party proceeded against, shall traverse the inquisition TITLE 2. on its return, an issue shall be directed by the court, as in other cases, Ib. Issue which shall be tried in the same court; and the verdict thereon, shall when to be have the same effect, as if rendered upon an issue awarded by the chancellor. awarded. from decision pleas. $6. Appeals from any order, judgment or decree of a court of Ib. Appeal common pleas, made pursuant to the provisions of this Title, shall be of common filed and entered within three months after the making of such order, judgment or decree; and shall be accompanied by a bond, with such sureties as the court shall approve, to the opposite party, in the penalty of one hundred dollars, conditioned for the payment of such costs as shall be awarded against the appellant, in case of the order, judgment or decree, being affirmed. of applica $7. The expenses of the overseers of the poor, in conducting any Ib. Expenses application under this Title, shall be audited and allowed in the same tion. manner as other expenses of such city or town.97 mittee to file inventory. $8. Every committee of the estate of any idiot, lunatic, or other Every com person in the first section of this Title specified, shall, within six months after their appointment, file in the office of the register or assistant register of the court of chancery, or of the clerk of the court which appointed such committee, a just and true inventory of the whole real and personal estate of such idiot, lunatic or other person; stating the income and profits thereof, and the debts, credits and effects, so far as the same shall have come to the knowledge of such committee. And whenever any property belonging to such estate, shall be discovered after the filing of any inventory, it shall be the duty of such committee to file, as aforesaid, a just and true account of the same, from time to time, as the same shall be discovered.98 to be verified 39. Such inventories shall be verified by the oath of the commit- Inventories tee, to be taken before a judge of any court of record, or a master in by oath." chancery, 98 $10. The filing of such inventories may be compelled by the or- Filing of inder and process usual in such cases, of the court which appointed the compelled. committee. ventories for sale, &c. 311. Whenever the personal estate of any such idiot, lunatic, or Application other person above specified, shall not be sufficient for the discharge of real estate. of his debts, it shall be the duty of the committee of his estate, to apply by petition to the court by which they were appointed, praying for authority to mortgage, lease, or sell so much of the real estate of such idiot, lunatic or other person, as shall be necessary for the payment of such debts. The said petition shall set forth the particulars and amount of the estate real and personal of such idiot, lunatic or other (97) Laws of 1821, p. 100, § 5. (98) Ib. p..99, § 2. 2. TITLE 2 person, the application which may have been made of any personal estate, and an account of the debts and demands existing against such estate.99 Proceedings thereon. master or elerk. $12. On the presenting of such petition, it shall be referred to a Reference to master in chancery, or to the clerk of the court, to enquire into and report upon the matters therein contained; whose duty it shall be to examine into the truth of the representations made, to hear all parties interested in such real estate, and to report thereon with all convenient speed. Ib. Order to be made on report. $ 13. If, upon the coming in of the report, and an examination of coming in of the matter, it shall appear to the court, that the personal estate of the idiot, or other person above specified, is not sufficient for the payment of his debts, and that the same has been applied to that purpose, as far as the circumstances of the case rendered proper, an order shall be entered, directing the mortgage, leasing, or sale of the whole, or such part, of the said real estate, as may be necessary to discharge the said debts, 100 Additional security may $ 14. The court may require any additional security to be given be required. by any such committee, for the faithful application and accounting for the proceeds of such mortgage, lease or sale; and may require an account thereof to be rendered, from time to time. Payment of debts. tion for sup &c. or of his $15. In the application of any monies raised by any such mortgage, lease or sale, the committee shall pay all debts in an equal proportion, without giving any preference to such as are founded on sealed instruments. Like applica- $ 16. When the personal property, and the rents, profits and inport of idiot, come of the real estate of any such idiot, lunatic, or other person family. above specified, shall be insufficient for his maintenance, or that of his family, or for the education of his children, a similar application may be made by the committee to the chancellor, or to the court having jurisdiction, for authority to mortgage or sell the whole, or so much of the real estate, as shall be necessary for that purpose; upon which, the same reference and proceedings shall be had, and a like order shall be entered, as herein before directed. 100 Ib. Court to give direction as to proceeds. Sales under direction of court; conveyances. $ 17. In the case last mentioned, the court shall direct the manner in which the proceeds of such sale shall be secured, and the income or produce thereof appropriated. 100 $18. The court shall give such orders respecting the time and manner of any sale herein authorised, as shall be deemed proper; and no conveyancee in pursuance of any such sale shall be executed, until the sale shall have been reported on the oath of the committee, and confirmed by the court directing the same. 100 (99) 1 R. L. 147, § 3. (100) Ib. § 3. when party is &c. $ 19. Whenever any such idiot, lunatic, or other person above TITLE 2. specified, shall be seized or possessed of any real estate by way of Petition by mortgage, or as a trustee for others in any manner, his committee may committee apply to the court of chancery, for authority to convey and assure convey, &c. such real estate to any other person or persons entitled to such con- mortgages, veyance or assurance, in such manner as the said court shall direct; upon which, a reference, and the like proceedings shall be had, as in the case of an application to sell real estate as aforesaid; and the court, upon hearing all the parties interested, may order such conveyance or assurance to be made.101 by party en. $20. On the application of any person entitled to such convey- Like petition ance or assurance, by bill or petition, the committee may be compelled tied to conby the court of chancery, on a hearing of all parties interested, to execute such conveyance or assurance. 101 veyance. veyances, under this $21. Every conveyance, mortgage, lease and assurance, made un- Effect of conder the order of the court of chancery, or of any court, pursuant to &c. executed the provisions of this Title, shall be as valid and effectual, as if the Title. same had been executed by such idiot, lunatic, or other person above specified, when of sound memory and understanding. 101 formance creed. $ 22. The court of chancery shall have authority to decree and Specific percompel the specific performance of any bargain, contract or agree- may be dement, which may have been made by any lunatic or other person, specified in the first section of this Title, while such lunatic or other person, was capable to contract; and to direct the committee of such person, to do and execute all necessary conveyances and acts for that purpose. 102 of leases, &c. Title. § 23. The real estate of any idiot, lunatic, person of unsound mind, Limitation of or person incapable of conducting his affairs in consequence of habitual under this drunkenness, shall not be leased for more than five years, or mortgaged, or aliened or disposed of, otherwise than is herein directed. 103 $24. In case any lunatic, or other such person, shall be restored Estate whe to his right mind, and become capable of conducting his affairs, his stored. real and personal estate shall be restored to him.10% to be re disposed of party. § 25. In case of the death of any idiot, lunatic, person of unsound Estate how mind, or person incapable of conducting his affairs, during such state on death of of incapacity, the power of any trustees appointed under this Title shall cease, and his real estate shall descend to his heirs, and his personal estate be distributed among his next of kin, in the same manner as if he had been of sound mind and memory.103 (101) Laws of 1817, p. 23, § 1. (102) 1 R. L. 148, § 5. (103) Ib. § 6. |