The Montgomery advertiser., 1903-10-23

as are incident to private corporations. Sec. 2. That Section 1313 of the Code be | amended so as to read as follows: May increase membership.-Any society which has heretofore, or which may hereafter be organized under the laws of this State. 1 for the social and literary advancement of its members. may enlarge its member ship to a number not exceeding Ave hun
 dred, by filing in the offlce of the Judge
 of Probate of the county in which such society was incorporated, written dec-
 iaration, signed by a majority of the ex- isting members of such society, to the effect that such extension Is declared and made, and fixing the limit thereof. Approved Oct. 10, 1906.
 ofhoial: J. THos. HEFLTN, Secretary of State.
 No. 5o4a) AN ACT. H. 50
 To better provide for the sale of inter- ests held in lands as tenants in com- mon by persons not having the legal capacity to sell tho same because of minority or unsoundness of mind. Section l. Be 1t enacted by the Legis-
 lature of Alabama, that in all cases in which any person of unsound mind, or any minor shall hold in interest as ten ant in common with others in one or more parcels of land or realty in this State, and there shall be no valid author ity to sell such interest vested in any per- 1 son by the terms of any instrument under
 which such person of unsound mind or | such minor holds such interest, and such by such instrument, it shall be lawful for
 the guardian of such minor or person of
 unsound mind to join tho other tenants in common in selling any such parcel of
 land or realty for division of proceeds | thereof, such sale to be made either pub
 licly or privately, and upon such terms
 as to payment and security for unpaid in- stallments as such guardian may deem to the interest of his ward. subject, how
 ever. to such sale being set aside as here- matter provided.
 Sec. 2. Be 1t further enacted. that
 within three months after making any
 such sale. such guardian shall report the same under oath to the court having 5u. risdiction of his administration of the s. tate of such ward. If the whole of the
 share of such ward in the proceeds of such
 sale shall have been paid when such re- port Is made, such fact shall be stated
 therein, and the guardian shah therein
 apply to the court for authority to make a conveyance of the interest of said ward in the lands or realty SO sold to the pur- chaser. Such report shall set forth the name, residence of such ward, and of the person In whose custody he is. and the name and residence of the adult next of
 kin of said ward resident in this State and not interested in such sale; if there be more than one such next of kin of the same degree, such report must set forth the names and residences of all of them resident in this State. Upon the filing of such report the court must appoint a day
 A.. AAm AR he than twenty days from the filing thereof, and must give notice thereof to any mi- nor whose interest has been so sold who is over fourteen years of age and resident in this State, and also to the person in whose custody such ward is, if deemed
 by the court in the interest of such
 ward, and also to the adult next of kin
 of such ward resident in this State. not
 interested in such sale, or where there
 is more than one such next of kin of
 equal degree, then to such one of them
 as may be selected by the court; such notice shall be given by personal cita- ton to be served not less than ten days before the day appointed for such hear ing. The court must appoint guardian ad litem to represent the interest of such
 ward upon such hearing, as provided by law for the appointment of guardians ad Item in such court. The person so ap- pointed such guardian ad litem must de- ny in writing the allegations of such re- port and resist the confirmation of such sale, and, if necessary must, with the approval of the court, employ counsel to defend the interests of the person he so represents. He is entitled to reason able compensation. and an allowance for reasonable fees of such counsel as he may so employ, to be fixed by the court | and taxed and collected as costs in the cause. The person in whose custody such ward is is cited. and the next of kin so cited may also appear at such hearing and contest the confirmation of such sale.
 Sec. 8. Be 1t further enacted, that. on
 the day appointed for such hearing. or on any other day to which it may be con-
 tinued, the court must proceed to hear such report and the evidence for and against the confirmation of such sale. Such evidence shall be taken orally in open court at the time of the hearing or deposition as in chancery cases. If. upon such hearing, 1t shall appear to the satisfaction of the court that such
 sale as made is the interest of the ward, the court shall make an order confirm
 ing the same and, if it shall appear to the
 court that full payment has been made
 to the guardian for the interest of the
 minor in such sale, such order shall de
 rect the guardian, or any other person
 
 ance of the interest of the ward in the land or realty to the purchaser thereof.
 Sec {. Be 1t further enacted, that
 two or more sales of the interest of
 ward in different parcels of land or real
 ty made under the provisions of this
 act, may be set forth by the guardian
 in one report, and be embraced in the
 hearing of such report and the order of the court made thereupon. to court deal ing with such sale as it may deem proper.
 Sec. 6. Be it further enacted, that, within thirty days after receiving full payment for the interest of his ward in any land or realty so sold, such sale having been con- firmed under the provisions of this act the guardian of such ward must report such payment under oath to the court, and apply for an order to make A proper conveyance of such interest to the purchaser. The court must examine such report and may also examine wit nesses in relation thereto: if upon such examination, 1t is satisfied that such pay ment has been made, it must make an order for such conveyance to be made by said guardian or by some other persons appointed by the court, conveying all right, title and interest of such ward in such land or realty at the time of such sale thereof.
 Sec. G. Be it further enacted. That every conveyance made under the pro- visions of this aot shall before delivery, be presented by the person making the same to the judge of the court ordering 1t to be made If such judge Is satisfied