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the defendant's bringing into court, at any time before the decree of sale, the principal and interest due, with costs.

installment

SEC. 34. If, after a decree for sale entered against a de- Payment of fendant in such case, he shall bring into court the principal and costs. and interest due, with costs, the proceedings in the suit shall be stayed; but the court shall enter a decree of foreclosure and sale, to be enforced by a further order of the court, upon a subsequent default in the payment of any portion or installment of the principal, or of any interest thereafter to grow due.

to commis

situation.

SEC. 35. If the defendant shall not bring into court the Reference amount due, with costs, or if, for any other cause, a decree sioner to shall pass for the plaintiff, the court may direct a reference report to a commissioner to ascertain and report the situation of the mortgaged premises, or may determine the same on oral or other testimony; and if it shall appear that the same can Sale in be sold in parcels, without injury to the interests of the parcels. parties, the decree shall direct so much of the mortgaged premises to be sold, as will be sufficient to pay the amount then due on such mortgage, with costs; and such decree shall remain as security for any subsequent default.

defaults.

SEC. 36. If, in the case mentioned in the preceding section. Subsequent there shall be any default subsequent to such decree, in the payment of any portion or installment of the principal or of any interest due upon such mortgage, the court may, upon the petition of the plaintiff, by a further order founded upon such first decree, direct a sale of so much of the mortgaged premises to be made under such decree, as will be sufficient to satisfy the amount so due, with the costs of such petition and the subsequent proceedings thereon, and the same proceedings may be had, as often as a default shall happen.

SEC. 37. If, in any of the foregoing cases, it shall appear Sale of whole to the court that the mortgaged premises are so situated premises.

that a sale of the whole will be most beneficial to the parties,

the decree shall in the first instance be entered for the sale

of the whole premises accordingly.

SEC. 38. In such case the proceeds of such sale shall be Application applied as well to the interest, portion or installment of the of proceeds. principal due, as towards the whole or residue of the sum secured by such mortgage, and not due and payable at the time of such sale, and if such residue do not bear interest, then the court may direct the same to be paid with a rebate of the legal interest, for the time during which such residue shall not be due and payable; or the court may direct the balance of the proceeds of such sale, after paying the sum due with costs, to be put out at interest, for the benefit of the plaintiff, to be paid to him, as the installments, or portions of the principal, or the interest, may become due, and the surplus for the benefit of the defendant, his representatives or assigns, to be paid to them on the order of the court.

Court of chancery may order conveyance of lands,

etc., by.

Conveyance
effectual
in law.

Sale or

disposition of real estate.

Application,

how made.

Appointment of guardian, if necessary.

Bond of guardian.

Prosecution of bond.

Proceedings Relating to Conveyance of Lands of Infants and
Incompetents, etc.

SEC. 39. Whenever any infant, idiot, lunatic, or other incompetent person shall be seized or possessed of any lands. tenements, or hereditaments, by way of mortgage, or in trust only for others, the court of chancery for the county where such property is situated, or in which such infant, idiot, lunatic, or other incompetent person may be, on the petition of the guardian of such infant, idiot, lunatic, or other incompetent person, or on the application by bill or petition of any person in any way interested, may order and compel such infant, idiot, lunatic, or other incompetent person to convey and assure such lands, tenements and hereditaments to any other person, in such manner as the said court shall direct.

SEC. 40. Every conveyance or assurance, made pursuant to such order, shall be as good and effectual in law as if the same were made by such infant, idiot, lunatic, or other incompetent person, when of lawful age and of sound mind.

SEC. 41. Any infant, idiot, lunatic, or other incompetent person, seized of any real estate, or of any interest therein, either in fee or as tenant for life or years, may apply to the circuit court in chancery for the county where the property may be situated, if the infant, idiot, lunatic, or other incompetent be not a resident of this State, and if a resident of this State, then to the circuit court in chancery of the county in which he may be a resident, or in which the property may be situated, for the sale or disposition of such property, in the manner hereinafter directed. If the applicant has a guardian, then the application shall be made by such guardian, and if he has no guardian, or the guardian is a non-resident, application may be made by a next friend, who may be authorized to act as such by said court. Such next friend shall be appointed in accordance with the provisions of sections twentyeight and twenty-nine of chapter twelve of this act, relating to the appointment of next friends for infants and persons insane, or otherwise mentally incompetent.

SEC. 42. On such application the court shall, if necessary, appoint one or more suitable persons to be guardians of such infant, idiot, lunatic, or other incompetent person, in relation to the proceedings on such application.

SEC. 43. The guardian shall give bond to such infant, idiot, lunatic, or other incompetent person, to be filed with the clerk, in such penalty, with such sureties, and in such form as the court shall direct, conditioned for the faithful performance of the trust reposed; for the paying over, investing and accounting for all moneys that shall be received by such guardian according to the order of any court having authority to give directions in the premises, and for the observance of the orders of the court in relation to the said trust.

SEC. 44. If such bond be forfeited, the court shall direct it to be prosecuted for the benefit of the party injured.

into merits.

SEC. 45. Upon the filing of such bond, the court may pro- Inquiry ceed in a summary manner, on oral or other testimony, or by reference to a circuit court commissioner to inquire into the merits of such application.

of court.

SEC. 46. Whenever it shall appear satisfactorily that a dispo- Order sition of any part of the real estate of such infant, idiot, lunatic, or other incompetent person, or of his interest in any term of years, is necessary and proper, either for the support and maintenance of such infant, idiot, lunatic or other incompetent person, or for his education, or that the interest of such infant, idiot, lunatic or other incompetent person requires or will be substantially promoted by such disposition, on account of any part of his said property being exposed to waste or dilapidation, or on account of its being wholly unproductive, or for any other peculiar reasons or circumstances, the court may order the letting for a term of years, the sale, exchange or other disposition of such real estate or interest, to be made by the guardians of such infants, idiots. lunatics or other incompetent persons, in such manner and with such restrictions as shall be deemed expedient.

incumbrance.

SEC. 47. Whenever it shall be made to appear to the court Discharge of that it will be manifestly for the interest and advantage of any infant, idiot, lunatic or other incompetent person that any incumbrance upon the real estate of such person should be purchased and discharged, in whole or in part, the court may authorize the guardian of such person to purchase and discharge the same, and if necessary, to sell and dispose of such part of the real estate of such person as may be necessary for that purpose: Provided, Such purchase and discharge Proviso, title shall in no way be construed as vesting in said guardian any right, title or interest in such premises, to the prejudice of such person.

of premises.

estate not to

SEC. 48. But no real estate or term for years shall be sold, How real leased or disposed of in any manner against the provisions be disposed of. of any last will, or of any conveyance, by which such estate or term was devised or granted to such infant, idiot, lunatic,

or other incompetent person.

to court.

SEC. 49. Upon an agreement for sale, leasing or other dispo- Report of sition of such property, being made in pursuance of such sale, etc., order, the same shall be reported to the court on the oath of the guardian making the same; and if it be confirmed, a lease or conveyance shall be executed under the direction of the court.

valid and

SEC. 50. All sales, leases, dispositions and conveyances Sales, etc., made in good faith by the guardian in pursuance of such effectual. order, when so confirmed, shall be valid and effectual as if made by such infant, idiot, lunatic, or other incompetent person when of lawful age and of sound mind.

SEC. 51. From the time of such application to the court, Incompetent the infant, idiot, lunatic, or other incompetent person shall of court. be considered as a ward of the court so far as relates to such property, its proceeds and income; and the court shall make

Proceeds of sale deemed real estate.

Dower,

gross sum
or investment
in lieu of.

Release of right of dower.

Court of

chancery may direct sale.

Proceedings.

orders for the application and disposition of the proceeds of such property and for the investment of the surplus belonging to such infant, idiot, lunatic, or other incompetent person, so as to secure the same for his benefit, and shall direct a return of such investment and disposition to be made on oath, as soon as may be, and shall require accounts to be rendered periodically, by any guardian or other person who may be entrusted with the disposition of the income of such proceeds.

SEC. 52. No sale made as aforesaid of the real estate of any infant, idiot, lunatic, or other incompetent person, shall give to such infant, idiot, lunatic, or other incompetent person, any other or greater interest or estate in the proceeds of such sale than he had in the estate so sold; but the said proceeds shall be deemed real estate of the same nature as the property sold.

SEC. 53. If the real estate of any infant, idiot, lunatic or other incompetent person, or any part of it shall be subject to dower, and the person entitled to such dower shall consent in writing to accept a gross sum in lieu thereof, or the permanent investment of a reasonable sum, in such manner as that the interest thereof be made payable to the person entitled to such dower, during life, the court may direct the payment of such sum in gross or the investment of such sum as shall be deemed reasonable and shall be acceptable to the person entitled to such dower, in manner aforesaid; which sum so paid or invested shall be taken out of the proceeds of the sale of the real estate of such infant, idiot, lunatic, or other incompetent person.

SEC. 54. Before any such sum shall be paid, or such investment made, the court shall be satisfied that an effectual release of such right of dower has been executed.

Sale of Lands Held by Executors in Trust.

SEC. 55. Whenever any lands, tenements, or hereditaments are held by any executor in trust for others, the court of chancery for the county in which such property is wholly or in part situated may, upon the bill or petition of such executor or any person interested, whenever it shall be made to appear for the best interest of the persons for whom such property is so held in trust, order, direct and authorize the executor to sell, grant and convey such property at public or private sale, and the sale and conveyance made pursuant to such order, when approved by the court, shall be effectual to pass the title to said property to the purchaser thereof.

SEC. 56. Upon the filing of such bill or petition, the proceedings thereon shall be the same as in ordinary suits in chancery so far as practicable. The court may make such orders as may be necessary therein. Guardians shall be appointed for all infant parties, and no sale shall be made until the executor shall have executed and filed with the clerk of the court a bond in such penalty and with such sureties as

shall be approved by the circuit judge, for the faithful discharge of his duties, and the proper disposition of the proceeds of the sale, as may be ordered by the court.

directions.

SEC. 57. The court shall make all proper orders and direc- Orders and tions from time to time for the management, investment and disposition of the moneys received from such sale, and the interest and income therefrom.

Of Notice Lis Pendens.

filed with

register

contain.

SEC. 58. To render the filing of a bill constructive notice Notice to be to a purchaser of any real estate, it shall be the duty of the plaintiff to file for record, with the register of deeds of the of deeds. county in which the lands to be affected by such constructive notice are situated, a notice of the pendency of such suit in chancery, setting forth the title of the cause, and the general What to object thereof, together with a description of the lands to be affected thereby; and it shall thereupon become the duty of the register to record such notice, in a book kept for that purpose, upon the payment of the same fees as is provided by law for recording deeds. A copy of such record, authenticated by the register, shall be evidence of such notice, and the filing of the same, in all courts and places.

SEC. 59. Each register of deeds shall enter in an index to Index. be kept in his office, such references to the said notices, as will enable all persons interested to search his office for such notices without inconvenience.

dismissal

of suit.

SEC. 60. Whenever any suit in chancery, notice of the pen- Certificate of dency of which has been filed with any register of deeds, shall be, or shall have been heretofore dismissed, whether by stipulation, the voluntary act of the plaintiff on final hearing, or otherwise, it shall be the duty of the clerk of the court in which such suit shall have been pending, upon request of any party thereto, to execute, under his hand and the seal of said court, a certificate of the fact of such dismissal, or the attor ney for the plaintiff in such suit may execute a like certificate, which shall be acknowledged by said attorney before some officer authorized to take the acknowledgment of deeds. The said register of deeds on receipt of either of such certificates, and on payment to him of a fee of twenty-five cents shall file Record and preserve the same and shall record the same at length in the books provided for the registry of such notices of pendency of suits, and shall mark on the record of such notice discharged by certificate of the clerk of said court, naming it, or the certificate of said attorney, naming him, as the case may be, with the date of filing such certificate, and the book and page of its record, and thereafter the effect of such notice shall cease and determine.

of same.

Discharge of Mortgages in Certain Cases.

SEC. 61. When a recorded mortgage on lands or property Petition for has been paid and satisfied, or when fifteen years have elapsed

discharge.

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