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§ 1627. Such reasonable sum, for the costs of the party applying for admeasurement, as may be certified by the court, not exceeding twenty dollars, for each parcel of land out of which dower may be separately admeasured, besides referees' fees and other disbursements, must be paid, one-half by the widow and the other half by the adverse party. The allowance of costs on the appeal is in the discretion of the appellate court, but when allowed, they must be at the rate allowed on appeals, to the same court, in civil actions.

§ 1628. When dower is admeasured pursuant to the provisions of this title, and the right to dower is disputed, if in an action brought by the widow to recover possession, she fail to establish her right, the share of the costs on admeasurement, which may have been paid by the other party, may be added to the costs of the defence in such action; and if the dower be withheld from her and she fail for two years to bring an action for the recovery thereof, she shall be liable in an action to the other party for the expenses of admeasurement paid by him.

TITLE XII.

OF MISCELLANEOUS PROCEEDINGS AND GENERAL PROVISIONS.

CHAPTER I. Disposition of the real property of infants.

II. Discovering the death of a person on whose life an estate depends.
III. The collection and remission of fines and forfeitures.

IV. General provisions.

CHAPTER I.

DISPOSITION OF THE REAL PROPERTY OF INFANTS.

SECTION 1629. Conveyance of Infants' estates under previous contract. 1630. Sale of infant's estate when necessary.

1631. Manner of application and service of notice.

1632. Special guardian to be appointed.

1633. Guardian to give security.

1634. What security required.

1635. Court to hear evidence, or may refer.

1636. Order to be made, its contents.

1637. Report of sale to be confirmed.

1638. Court to direct disposition of proceeds.

1639. Proceeding when property is subject to dower.

1640. Several infants included in one application.

1641. Costs limited.

§ 1629. A conveyance by an infant, of real property, owned or held by him, may be ordered by the supreme court in an action in either of the following cases:

1. When the property is held in trust for another:

2. When an agreement to convey the property has been made, and the agreement ought to be specifically performed by the infant. When so ordered, the conveyance is as effectual as if the infant were of full age. Bat nothing in this chapter affects a sale of infants' estate when made, as provided in special statutes, by an executor or administrator, upon an order of the surrogate's

court.

§ 1630. The real property and leasehold estate of an infant, may be sold or mortgaged under the direction of the supreme court, or the county court of the county in a special proceeding, on the application in writing of the general guardian or some person next of kin of the infant, for him, in either of the following cases:

1. When the sale or mortgage is necessary for the infant's support or education:

2. When the interest of the infant will be promoted by it, by reason of the unproductiveness of the property or its being exposed to waste or for any other peculiar circumstances. But such sale or mortgage can in no case be made contrary to the provisions of the will or conveyance by which the property was devised or granted to the infant. The application must state the grounds therefor and must be verified as a complaint in an action.

§ 1631. A copy of the application must be served by delivery in the manner required for the service of a summons to commence an action against an infant, with a notice stating that the same will be presented to the court at a specified time and place, and that application to appoint a special guardian will then be made. The service must be at least ten days before the time of application, and two days in addition for every fifty miles distance from the residence of the infant to the place specified.

§ 1632. Upon the day specified, or some other day to which the hearing shall be then adjourned, the court must appoint a suitable person to be special guardian for the infant in the proceedings to be had thereon; or two or more such guardians may be appointed.

§ 1633. Before the appointment of the guardian can be effectual, and before any further proceedings can be had, security must be given by the guardian, to the infant, to be approved by the court, and in such sum as the court may by an order direct, faithfully to perform the trust reposed in him, and to account for and apply all moneys received by him under the directions of the

court.

§ 1634. The security must be an undertaking of the guardian, either with one or more sufficient sureties, who must justify, in the manner required for bail on arrest in an action, or with security by mortgage on unincumbered real property in the county where the real property lies, or the infant resides, worth, exclusive of buildings thereon, double the value of the amount of security required.

§ 1635. Upon security being given and upon at least eight days notice to the special guardian, or upon his consent without notice, the court must proceed to hear the evidence for and against the application, or may order a reference, as in an action, to ascertain and report the facts.

§ 1636. Upon the hearing, or in case of reference, upon the report of the referee, the court must by an order grant or refuse the application. If granted, the order may direct either a sale or a mortgage of the whole or any part of the property, and must contain a description of the same.

§ 1637. Upon a report to the court, verified by the oath of the guardian, of an argreement for the sale or mortgage of the property, subject to the approval of the court, it must confirm or disapprove the same; it approved, a conveyance must be given by the guardian under the direction of the court. The report of the agreement may be made at the time of the hearing or afterwards.

§ 1638. The court must make such order for the application and disposition of the proceeds of the sale or mortgage, and for the investment of the same or any part thereof, as it shall deem best for the benefit of the infant, and must require accounts to be rendered periodically by the guardian or other person entrusted with the disposition of the proceeds or its income. Such proceeds shall be deemed real property of the same nature as the property disposed of.

§ 1639. Where property is subject to dower, and the person entitled thereto consents in writing to accept a gross sum in place thereof, or the income during life of a permanent investment of a reasonable sum, the court

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