The Birmingham age-herald., 1903-10-23
]. THOs. HEFLIN.
 Secretary of State.
AN ACT.

ests held in lands as tenants in com
 mon by persons not having the legal
 capacity to sell the same because of
 minority or unsoundness of mind.
 Section 1. Be 1t enacted by the Legls- iature 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 son by the terms of any instrument under which such person of unsound mind or such minor holds such interest, and such sale shall not be prohibited or restricted by such instrument, 1t shall be lawful for the guardian of such minor or person of unsound mind to Join the 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. g. 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 ju- risdiction of his administration of the es- 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 shall 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
 of xyard and Of inc 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 day for the hearing of the same, not less 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 or Kin or equal degree, then to such one Of them as may be selected by the court; such notice shall be given by personal cita- tion 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 ltem in such court. The person so ap- pointed such guardian ad Item must de- ny in writing the allegations of such re- nort 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 or Kin so cited may also appear at such hearing and contest the confirmation of such sale.
 Sec. B. Be 1t further enacted, that on the day appointed for such hearing or on any other day to which 1t 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 10 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 1t shall appear 10 tnt court that full payment has been made to the guardian for the interest of the minor in such sale. such order shall d. rect the guardian, or any other persor anpointed by the court, to make convey anee of the interest of the ward in the land or realty to the purchaser thereof
 Sec. 4. Be 1t further enacted, that two or more sales of the interest of a 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 inc court made thereupon, to court deal ing with such sale as 1t may deem proper
 Sec b. Be 1t further enacted, that, within thirty days after receiving full payment for the interest of his ward In any land or realty so soid. such sale having been con armed 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 n nroper 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 1t Is satisfied that such pay ment has been made, 1t 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 fin such land or realty at the time of such sale thereof.
 Sec 6. Be it further enacted, That every conveyance made under the pro- visions of this act 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 that such sale has been duly confirmed and that such conveyance Is properly made, he shall endorse upon such convey ance g certificate, under the seal of the court. of the confirmation of the sale under which conveyance is made, and of the confirmation of the conveyance as made. Such certificate must be recorded with the conveyance and shall be prima faeie evidence of the confirmation of such sale and conveyance. If the court is not satisfied as to any Such conveyance it must vacate the same, ordering a proper as to which the same pro- ceedings shall be had as provided by this section for the original conveyance.
 Sec !. Be 1t further enacted, that if on the hearing of the report of sale by the guardian, 1t shall appear to the court that the sale of any parcel of land or realty therein set forth is not to the ad- vantage of the ward whose interest is so sold, the court shall order such sale set aside, whereupon the same shall become whoIlv void And no sale and conveyance