The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1843-03-08
PUBLIc-No. 2I.l

AN ACT to provide, in certain cases, for the sale Of
the real estate of infants within the District of Co
lumbia.
Be enacted by the Senate and House of R<wssenis-
tipes Of the United States Of .9niea in Congress assem-
bted That when the guardian of any infant shall think
that the interest of his her ward will be promoted
by the sale Of his or her real estate, OF any part
thereof IT shall be lawful for such guardian cxhi-
bit his Dill Tor that purpose IN the circuit court Of
the District OF Columbia, for that county in which
the real estate proposed to be sold or part thereof
shall lie In the bill exhibited the guardian shall
set forth, plainly and distinctly all the estate, real
and personal TO which such infant entitled and all
facts which, in his opinion, calculated show
whether the interest Of his ward will be promoted by
such sale or not. The bill shall be verified by the
oath Of the guardian and the infant, together with
those who would be heirs 10 the estate IL he or she
were dead shall be made parties defendant thereto.
1t shall be the duty of the court to appoint some fit
and dsnteresed person TO be guardian ad litem for
the infant, who shall answer such bill on oath the
infant Also /. above the age Of fourteen years shall
answer the bill IN proper person, oath.
Sec. g find be further enacted, That whether the
answer 10 the plaintiffs bill admit the facts alleged
not. commissions for taking dispositions shall be
awarded and before the court shall have authority
under this act TO decree any SALE every fact materi-
al TO ascertain the proPreiy of the sale shall be
proved by clear and credible evidence given by dis
interested wtne .sos; dispositions TO be taken in the
presence OF the guardian ad Item, upon nlerroga-
tories agreed upon by him.
Sec. g. find be Il further enacted, That IT, upon hear
ing Of the cause il shall be proved, TO the satisfaction
Of the court, by evidence taken aforesaid that the
interest Of the infant manfesty requires the sale of
his real estate. or any part thereof and the court
shall be OF opinion that, by such SALE the rights OF
others will not be violated IL shall be Law fol to de-
cree such sale, in such manner and upon such terms
OF cred as the court think right always retaining
lien upon such estate for the payment Of the purchase
money.
Sec. T. ind be further enaoted That the proceeds
of such sale shall be vested and applied for the bene.
1T Of the infant, either in the purchase Of other real
estate, or in such other manner as the court shall
think best but, in whatever hands the proceeds of
the sale may be placed, the court shall require ample
security that they shall be faithfully applied in such
manner as the court may direct
Sec. 5. find BE- Il further enacted, That If the in
FAINT, after such sale, shall die inestate, under the
age Of twenty -one years, the proceeds aforesaid
so much thereof as may remain at his DEATH shall he
considered as real estate and shall pass according to
such person or persons would have been entitled
to the estate sold, IL II had no, been sold.
Sec. 6. find be- " further enacted That IL a sale be
dccreed the costs of the suit shall be paid out Of the
estate Of the infant otherwise the costs shall be paid
by the plaintiff Prorided, That in no case where a
sale shall be deoreed shall the guardian of the said
nan or,infants, the guardian al II en-, be admit
ted a purchaser either by himself or by another or
IN any manner whatever become the owner Of the
said land during the infancy Of the heir or dcsisce
Ind prorided also That sale of any infant. real
estate shall be decreed by virtue OF this act if the
testator from whom such estate Is derived shall by
otherwise.
Sec I. find BE- further enacted That this act shall
be in force from and after the passage thereof.
Approved March ID, Is43.