estate, or in any other manner that shall be most for the interest of all concerned therein; and such commissioner may make such further order and give such directions as the case may require for managing, investing, and disposing of the estate and effects in the hands of the guardian.

Removal or

SEC. 906. When any guardian appointed either by a testator or by e commissioner shall become insane or otherwise incapable of dis- resignation of guardian. charging his trust, or be unsuitable therefor, the commissioner, after notice to such guardian and to all others interested, may remove him; and every guardian, upon his request, may be allowed to resign his trust when it shall appear to the commissioner proper to allow the same, and upon every such resignation or removal, and also upon the death of any guardian, the commission shall appoint another in his stead.

SEC. 907. The marriage of any female who is under guardianship as a minor shall operate as a discharge of her guardian; and the guardian of any insane person or spendthrift may be discharged by the commissioner when it shall appear, on the application of the ward or otherwise, that such guardianship is no longer necessary.

SEC. 908. The commissioner may require a new bond to be given by any guardian, and may discharge the existing sureties from future responsibility, in the like case and upon the like terms as are prescribed with regard to executors or administrators.

Marriage of female ward.

New bond.

Action against

SEC. 909. No action shall be maintained against the sureties on any sureties on guardbond given by a guardian unless it be commenced within three years ian's bond. from the time when such guardian shall be discharged:

Provided, If at the time of such discharge the person entitled to bring such action shall be out of the district the action may be commenced at any time within three years after his return to the district. SEC. 910. Upon complaint made to the commissioner by any guardian or by the ward, or by any creditor or other person interested in his estate, or by persons having claims thereto in expectancy, as heir or otherwise, against anyone suspected of having concealed, embezzled, or conveyed away any of the money, goods, or effects of the ward, the commissioner may cite and examine such suspected person and proceed with him as to such charge in the same manner as is provided respecting persons suspected of concealing or embezzling effects of a deceased testator or intestate.

Proceedings in cases of suspected

embezzlement.

Guardians for

nors.

SEC. 911. When any minor or other person likely to be put under guardianship according to the provisions of this chapter shall reside nonresident miwithout the district and shall have any estate therein, any friend of such person, or anyone interested in his estate, in expectancy or otherwise, may apply to the commissioner of any precinct in which there may be any estate of such absent person, and after notice to all persons interested, to be given in such manner as the commissioner shall order, and after a full hearing and examination, if it shall appear proper the commissioner may appoint a guardian for such absent

person.

-powers and

SEC. 912. Every guardian appointed according to the provisions of the preceding section shall have the same powers and duties with duties. respect to any estate of the ward that may be found within the district, and also with respect to the person of the ward if he shall come to reside therein, as are prescribed to any other guardian appointed by force of this chapter.

SEC. 913. Every such guardian shall give bond to the United States in like manner and with like condition as is above provided with respect to other guardians, excepting that the provisions respecting the inventory, the disposal of the estate, and the account to be rendered by the guardian shall be confined to such estate and effects which shall come to his hands in the district, and tht the provisions respecting the

-bond of.

First guardianship exclusive.

Expenses and compensation.

Joint account.

"Insane per

thrift" defined.

custody of the ward shall not be applicable unless the ward shall come to reside in the district.

SEC. 914. The guardianship which shall first be legally granted of any person residing without the district shall extend to all the estate of the ward within the same, and shall exclude the jurisdiction of the commissioner of any other precinct.

SEC. 915. Every guardian shall be allowed the amount of all his reasonable expenses incurred in the execution of his trust, and shall also have such compensation for his services as the commissioner before whom his accounts are settled shall consider just and reasonable. SEC. 916. When an account is rendered by two or more joint guardians, the commissioner may, in his discretion, allow the same upon the oath of any one of them.

SEC. 917. The words "insane person" are intended to include every son" and "spend- idiot, every person not of sound mind, every lunatic and distracted person; and the word "spendthrift" is intended to include any one who is liable to be put under guardianship on account of excessive drinking, gaming, idleness, or debauchery; and these words shall be so construed in all the provisions relating to guardians and wards contained in this code.

Sale of ward's

real property by guardian, when.

-proceeds to be placed on interest.

-application of proceeds.

-investment of proceeds.

CHAPTER EIGHTY-NINE.

OF THE SALE OF LANDS BY GUARDIAN, AND DISPOSITION OF PROCEEDS.

SEC. 918. When the income of the estate of any person under guardianship, whether as a minor, insane person, or spendthrift, shall be insufficient to maintain the ward and his family, his guardian may sell his real estate for that purpose, upon obtaining a license therefor and proceeding therein in the manner hereinafter provided.

SEC. 919. When it shall appear upon the representation of any such guardian that it would be for the benefit of his ward that his real estate, or any part thereof, should be sold, and the proceeds thereof be put out on interest or invested in some productive stock, his guardian may sell the same accordingly, upon obtaining a license therefor and proceeding therein as hereinafter provided.

SEC. 920. If the estate be sold for the maintenance of the ward and his family, as provided in section nine hundred and eighteen, the guardian shall apply the proceeds of the sale for that purpose, so far as necessary, and shall put out the residue, if any, on interest, or invest it in the best manner in his power, until the capital shail be wanted for the maintenance of the ward and his family, in which case the capital may be used for that purpose, so far as may be necessary, in like manner as if it had been the personal estate of the ward.

SEC. 921. If the estate is sold in order to put out and invest the proceeds as provided in section nine hundred and nineteen, the guardian

shall make the investment according to his best judgment, or in pursuance of any order of the commissioner relating thereto.

SEC. 922. In every case of the sale of real estate as provided in this Residue, when chapter, the residue of the proceeds, if any remain upon the final set- considered as real tlement of accounts of the guardianship, shall be considered as real estate. estate of the ward and shall be disposed of among the same persons and in the same manner as the real estate would have been if it had not been sold.

Petition for li

SEC. 923. In order to obtain a license for such sale the guardian shall present to the commissioner of the precinct in which he was cense to sell. appointed guardian a petition therefor, setting forth the condition of the estate of his ward and the facts and circumstances under which it is founded, tending to show the necessity or expediency of such a sale, which petition shall be verified by the oath of the petitioner.

Order to show

SEC. 924. If it shall appear to the commissioner from such petition that it is necessary or would be beneficial to the ward that such real cause. estate or some part of it should be sold, he shall thereupon make an order directing the next of kin of the ward and all persons interested in the estate to appear before him at a time and place to be therein specified, not less than four nor more than eight weeks from the time. of making such order, to show cause why a license should not be granted for the sale of such estate.

SEC. 925. A copy of such order shall be personally served on the next of kin of such ward, and on all persons interested in the estate, at least ten days before the hearing of the petition, or shall be published at least three successive weeks in a newspaper circulating in the district, to be specified by the commissioner.

Service of order.

When certificate

SEC. 926. No such license shall be granted for the sale of any real estate of a ward, excepting that of a minor, unless the commissioner of commissioners of the precinct of which the ward is an inhabitant shall certify in necessary. writing his approbation of the proposed sale.

real estate.

SEC. 927. Every guardian licensed to sell real estate as aforesaid Guardian to give shall, before the sale, give bond to the United States, with sufficient bond on selling surety or sureties, with condition to sell the same in the manner prescribed for sales of real estate by executors or administrators, and to account for and dispose of the proceeds of the sale in the manner provided by law.

SEC. 928. Such guardian shall also, before fixing on the time and place of sale, take and subscribe an oath before the commissioner or some other officer competent to administer the same, in substance as follows: That in disposing of the estate which he is licensed to sell he will use his best judgment in fixing the time and place of sale, and that he will exert his utmost endeavors to dispose of the same in such manner as will be most for the advantage of all persons interested therein.

-oath.

-notice of sale.

License, how

SEC. 929. He shall also give public notice of the time and place of sale and shall proceed therein in like manner as is prescribed for executors and administrators; and the evidence of giving such notice may be perpetuated in the same manner and with the same effect as is provided in the case of sales of real estate by executors and administrators. SEC. 930. No license granted in pursuance of this chapter shall be in force for more than one year after the time of granting the same. long in force. SEC. 931. When any minor, insane person, or spendthrift residing Foreign out of the district shall be put under guardianship in the State or dian may file copy county in which he resides, and shall have no guardian appointed in of his appointthe district, the foreign guardian may file an authenticated copy of his ment, when. appointment with the commissioner of any precinct in which there may be real estate of the ward; after which he may be licensed by the commissioner to sell the real estate of the ward in any precinct in the same manner and upon the same terms and conditions as are pre

guar

-may be censed to sell.

li

Where proceedings may be insti

tuted.

Disposition of

ceeds.

scribed in this chapter in the case of a guardian appointed in the district, except in the particulars hereinafter mentioned."

SEC. 932. Every foreign guardian so licensed to sell real estate shall take and subscribe the oath in the like case of guardians appointed in the district, and shall give notice of the time and place of sale, and conduct the same in the same manner prescribed for guardians appointed in the district, and may perpetuate the evidence of the notice in the same manner.

SEC. 933. All the proceedings required to be had before the commissioner in any precinct in the district respecting such sale by a foreign guardian shall be had before the commissioner for the precinct in which the authenticated copy of his appointment is filed.

SEC. 934. Upon every such sale by a foreign guardian the proceeds residue of pro- of sale, or as much thereof as may remain upon the final settlement of the accounts of guardianship, shall be considered as real estate of the ward, and shall be disposed of among the same persons and in the same proportions as the real estate would have been according to the laws of the district if it had not been sold; and the foreign guardian shall, in every case, before making the sale, give bond to the United States, with sufficient surety or sureties, with condition to account for and dispose of the same according to law.

Costs, when to SEC. 935. If any person shall appear and object to the granting of prevailing parties. any license prayed for under the provisions of this chapter, and it shall appear to the commissioner that either the petition or the objection is unreasonable, the commissioner shall give judgment for costs against the losing party in the cause.

Limitation of

guardian.

SEC. 936. No action for the recovery of any estate sold by a guardsuits to recover ian under the provisions of this chapter shall be maintained by the estates sold by ward, or by any person claiming under him, unless it be commenced within five years next after the termination of the guardianship, excepting only that persons out of the district, and minors and others under legal disability to sue at the time when the cause of action shall accrue, may commence their action at any time within five years next after the removal or the disability or after their return to the district. SEC. 937. In case of an action relating to any estate sold by a guardlarities not to ian under the provisions of this chapter, in which the ward, or any person claiming under him, shall contest the validity of the sale, tne same shall not be avoided on account of any irregularity in the proceedings: Provided, It shall appear

Certain irreguavoid sale.

conduct.

First. That the guardian was licensed to make the sale by a commissioner of competent jurisdiction;

Second. That he gave a bond that was approved by the commissioner:

Third. That he took the oath prescribed in this chapter;

Fourth. That he gave notice of the time and place of sale as prescribed by law; and

Fifth. That the premises were sold accordingly at public auction, and are held by one who purchased them in good faith.

Liability of SEC. 938. If, in relation to such sale, there should be any neglect or guardian for mis- misconduct in the proceedings of the guardian, by which any person interested in the estate shall suffer damage, such aggrieved party may recover such damage in an action on the bond of such guardian or otherwise as the case may require.

Sale when not SEC. 939. If the validity of any sale made by a guardian under this held void, al- chapter shall be drawn in question by any person claiming adversely though irregular. to the title of the ward, or claiming under any title that is not derived from or through the ward, the sale shall not be held void on account of any irregularity in the proceedings: Provided, The guardian was authorized to make the sale by the proper commissioner, and that he did accordingly execute and acknowledge, in legal form, a deed for the conveyance of the premises.

CHAPTER NINETY.

OF APPEALS IN PROBATE CASES.

Sec.

940. Appeals to district court.

Sec.

942. Duty of district judge.

941. Exceptions and orders of commis- 943. Proceedings in such cases.

sioner.

SEC. 940. There shall be an appeal to the district court of the dis- Appeals in protrict of Alaska from all orders of the commissioners exercising the bate cases to disjurisdiction of a court of probate.

SEC. 941. In the case of decedents any heir, legatee, devisee, creditor, or other person interested in the estate, and in the case of minors, lunatics, and habitual drunkards, any creditor or relative within the third degree of consanguinity, may file with the commissioner exceptions to any order of such commissioner granting or revoking letters of administration or of guardianship, allowing semiannual or final accounts, allowing or rejecting claims, directing the payment of debts or legacies or the distribution of estates, ordering the sale or disposal of real or personal property, or other proceeding. Upon the filing of such exception the commissioner shall make a transcript of all files, papers, and evidence pertaining to such order or proceeding and forward the same to the clerk of the district court.

trict court.

Exceptions and orders of commis

sioner.

Duty of district

SEC. 942. Upon the filing of such exceptions the district judge shall proceed on due notice to hear and determine the same at such time and judge. in such manner as he shall prescribe by order, and for that purpose may receive and entertain affidavits and depositions or hear oral evidence.

SEC. 943. Upon such hearing the district court or judge thereof shall procedure. determine the issues so raised according to the very right of the matter and make such order in the premises as he may see fit, which order shall be entered in a docket to be kept by the clerk of the court for that purpose, properly indexed, and a copy of the same shall be forwarded to the commissioner before whom the exceptions were filed, who shall thereupon proceed in accordance with such order. Such orders shall be deemed a judgment, subject to appeal in the manner provided for appeals from judgment in the district court.

SEC. 944. The records and files of a justice's court are the docket and all papers and process filed in or returned to such court concerning or belonging to any proceeding authorized to be had or taken therein or before the justice of the peace who holds such court.

SEC. 945. The docket of a justice of the peace is a book in which he must enter

First. The title of every action or proceeding commenced in his court or before him, with the names of the parties thereto and the time of the commencement thereof;

Second. The date of making or filing any pleading, and, when the same is made orally, a plain statement of the substance thereof and the verification thereto when one is required;