| DEC. 1816.
CHAP. 154. |
APPENDIX——CHANCERY LAWS.
tenements, hereditaments or real estate, whatsoever(a), it shall
and may be lawful for the chancellor, or for the several county
courts within this state, as a court of equity, upon the petition of
the guardian or prochein ami(b), of such infant or infants, after
summoning such infant or infants, and his appearance by guardian
to be appointed by the chancellor, or the county courts as aforesaid,
and upon the hearing and examination of all circumstances,
and upon its appearing to the said chancellor, or the county courts
as aforesaid, that it will be for the interest and advantage of such
infant or infants to sell such lands, tenements, hereditaments or
real estate, or any part thereof, to order and direct such lands, tenements
or hereditaments, or any part thereof, to be sold upon
such terms as the chancellor or the county courts as aforesaid may
direct.
(a) By 1818, ch. 193, s. 7,
the provisions of this act are extended to equitable
titles to real estates; and by 1819, ch. 144, s. 2, the provisions of this
act are also
extended to the personal estate of minors.
(b) By 1818, ch. 133, s. 2, upon such petition
the court to issue a commission
to not less than three disinterested freeholders, to view and ascertain
the real value
of the land, and to determine whether it would be to the interest and advantage
of the infant or infants that such land should be sold, &c. See
1818, ch.
193, s. 12, as to lands descending to monies residing out of the state,
&c. |
| To appoint trustees. |
2. AND BE IT ENACTED, That the chancellor
or county courts
as aforesaid, shall have full power and authority to appoint a trustee
or trustees for the purpose of making any sale by them directed
in pursuance of this act. |
Sales to be confirmed
—Trustees
to bond. |
3. AND BE IT ENACTED, That all sales made
by the authority
of the chancellor or county courts as aforesaid, under this act,
shall be notified to, and confirmed by, the chancellor or county
courts as aforesaid, and the purchase money for the same shall be
paid, before any conveyance of the property shall be made; and
bond with good and sufficient security, to be approved by the chancellor
or county courts as aforesaid, 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, or clerk of the county court as aforesaid;
and any person interested in such sale shall have a right to a copy
of such bond, and a certificate from the said register, or clerk,
under his hand and seal of office; 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 himself aggrieved,
and judgment may be by such party recovered upon such action,
for the damages by him actually sustained, and the plea of non est
factum shall not be received to any such action, unless the same is
verified by the affidavit of the defendant or defendants tendering
the same. |
| Allowance to trustees. |
4. AND BE IT ENACTED, That the chancellor,
or the county
courts, as aforesaid, shall have full power and authority to allow
any trustee, who shall make a sale of any real estate by virtue of
this law, such commission, from one to seven and an half per cent.
for his trouble in selling thereof, and paying over the same, as the
chancellor or the county courts as aforesaid shall, under a consideration
of all circumstances, think just and right. |
Proceeds to be
vested in public
stock. |
5. AND BE IT ENACTED, That the proceeds of
the sales made
by and in virtue of this law, shall be paid over by the trustee or |
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