|
|
son being idiot, lunatic, or non compos mentis, and may direct
such committee, trustee or trustees, to sell so much of the personal
property of such person as may be necessary to discharge the
debts by him or her due, and if the personal property is not
sufficient, then so much of the real property of such person being
idiot, lunatic, or non compos mentis, as will be sufficient for the
purpose aforesaid, may be ordered by the chancellor to be sold
for such purpose.
So much of this section as requires the court to be satisfied that the sale
will be conducive to the interest of the lunatic, is abrogated by 1833, ch.
150, sec. 1.
By 1790, ch. 60, the chancellor may direct the sale of any personal pro-
perty belonging to an idiot, &c. whose person and estate may be committed
to a trustee, if it shall appear beneficial to convert the said property into
money and place it on interest. And by 1819, ch. 144, sec. 1, the money
may be loaned out on real, or other security, if for the interest of the parties.
By 1800, ch. 67, the chancellor may direct the properly of an idiot, &c.
or so much as may be necessary for the support of such idiot, &c. to be
sold, &c. and if the property will not admit of division without prejudice
thereto, or shall be so situated as to render it advisable, the chancellor may
order a sale of the whole., &c. He may direct in what funds the money
arising from the sales shall be vested, or (by 1819, ch. 144, sec. 1,) direct
the same to be loaned out on real or other security, &c. All sales made
shall be notified to and confirmed by the chancellor, &c.
By May, 1813, ch. 21, the chancellor, on the application of a trustee,
may direct any lunatic, &e. to be sent to the hospital in the city of Balti-
more, if he can be there received, to remain until the further order of the
court, and he may order the removal to the said hospital of any lunatic, &c.
who hath, under his direction, been sent to any hospital or receptacle in
Philadelphia, and to enforce his order.
|
|
And appoint
a trustee,
&c.
|
SEC. 7. And be it enacted. That the chancellor shall have full
power and authority to appoint a trustee or trustees for the pur-
pose of making any sale by him directed in pursuance of this
act.
By April, 1787, ch. 30, the chancellor may allow to guardians, trustees,
&c. a commission from one to seven and a half per cent, on sales under his
orders or decree.
|
|
Sales to be
notified, &c.
|
SEC. 6. And be it enacted, That all sales made by the autho-
rity of the chancellor under this act, shall be notified to, and
confirmed by, the chancellor, before any conveyance of the
property shall be made, and bond with good and sufficient secu-
rity, to be approved by the chancellor, shall be given by the
person or persons empowered to sell property as aforesaid, for
the due execution of the trust committed, which bond shall be
lodged with the register in chancery ; and any person interested
in such sale shall have a right to a copy of such bond, and a
certificate from the said register under his hand and seal of
office, paying ten shillings for the same, upon which copy and
certificate an action may be maintained, in the name of the
state, for the use of the party interested and apprehending him-
|