Sixth. The proposed manner of re-investing the proceeds of the sale, if asked for that purpose. Seventh. Each item of indebtedness or the amount and character of the lien, if the sale be prayed for the liquidation thereof. Eighth. The age of the ward, where and with whom residing. Ninth. All other facts connected with the estate and condition of the ward necessary to enable the court to fully understand the same. If there be no personal estate belonging to such ward in possession or expectancy, and none has come into the hands of such guardian, and no rents have been received, the fact shall be stated in the application. Defects in the application for sale will not affect the jurisdiction of the court, or invalidate the sale. McKeever v. Ball, 71 Ind. 398; Worthington v. Dunkin, 41 Ind. 515. [1861, p. 130. In force July 5, 1861.] 2694. (2530.) Appointment of appraisers.-16. Upon such application being filed in writing, verified by the oath of the guardian, the court, if satisfied of the propriety of selling such real estate, shall appoint two freeholders of the county wherein such land is situated to appraise such real estate; and in case where such lands are situated in more than one county, the court shall, if deemed necessary, appoint two freeholders of each county wherein such lands are situated, to appraise the real estate in each of such counties. Failure on the part of the appraisers to sign the report of appraisers will not render the sale void. Worthington v. Dunkin, 41 Ind. 515. [2 R. S. 1852, p. 321. In force May 6, 1853.] 2695. (2531.) Oath of appraisers.-17. Said appraisers shall take an oath to truly and impartially appraise said premises at their fair cash value; which oath shall be indorsed on the certificate of their appointment. 2696. (2532.) Appraisement-Additional bond.-18. Upon the appraisement of said real estate being filed in writing, signed by said appraisers, the court shall require such guardian to execute bond, with sufficient freehold sureties, payable to the state of Indiana in double the appraised value of such real estate, with condition for the faithful discharge of his duties and the faithful payment and accounting for of all moneys arising from such sale, according to law. If the guardian fails to file an additional bond, and does not account for the proceeds of sale, the sale will be void. McKeever v. Ball, 71 Ind. 398. If the court approves a bond with only one surety, the sale will not be thereby rendered invalid. Marquis v. Davis, 113 Ind. 219. The sale can not be collaterally attacked on account of the failure of the guardian to file an additional bond. Davidson v. Bates, 111 Ind. 391. When the sale is made by a commissioner, the guardian must file an additional bond before receiving the proceeds of sale. McKeever v. Ball, 71 Ind. 398. Sureties on additional bonds are liable for the proper application of the proceeds of sale of the lands ordered sold. State, ex rel., v. Steele, 21 Ind. 207; Cogswell v. State, ex rel., 65 Ind. 1; Yost v. State, ex rel., 80 Ind. 350. Changing the terms of sale after the execution of the bond will not release the sureties. Stevenson v. State, ex rel., 69 Ind. 257; Stevenson v. State, ex rel., 71 Ind. 52 In an action on such bond it need not be shown that the real estate was appraised. Corbaley v. State, ex rel., 81 Ind. 62. Judgments on bonds of guardians should be made collectible without relief of appraisement laws. Potter v. State, ex rel., 23 Ind. 607; Williams v. State, ex rel., 89 Ind. 570. 2697. (2533.) Order of sale.-19. Upon such bond being filed and approved by the court, the court shall order the sale of such real estate, providing in the order for reasonable notice of such sale, the credits to be given for the payment of the purchase-money, and the mode of securing the same: Provided, however, That if the appraised value of the real estate ordered to be sold shall not exceed one thousand dollars, the court may order said real estate to be sold at private sale without notice. (As amended, Acts 1891, p. 80. In force March 4, 1891.) An act of 1853 (p. 74) authorizes the court, on the application of the guardian, when the order of sale is made, or at any time when manifestly to the interest of the ward, to order a platting into town lots, and that the plat be recorded. Sales and conveyances of land by guardians, made pursuant to an order of the common pleas court, without the reasonable notice of sale required by this section, were legalized by the act of December 20, 1865. (See 1865 S., p. 179.) 2 R. S. 1876, p. 596. Under the statute of 1843 notice was not required to be given of private sales. Worthington v. Dunkin, 41 Ind. 515. An order of sale is not subject to be reviewed by an action for review. Davidson v. Lindsay, 16 Ind. 186. [Acts 1891, p. 81. In force March 4, 1891.] 2698. Sales legalized.-2. All sales of real estate heretofore made by guardians at private sale without notice of sale having been given, but in all other respects in accordance with said section 2533 of the Revised Statutes of 1881, be and the same are hereby legalized, and conveyances heretofore made by guardians, under orders of sales providing for private sales without notice, shall be valid, and shall estop all parties or their heirs from hereafter claiming any interest in the real estate so conveyed: Provided, however, That this act shall not in any wise affect any suit or suits now pending in any of the courts of this state or the rights of any parties thereto. [2 R. S. 1852, p. 321. In force May 6, 1853.] 2699. (2534.) Who may sell.-20. The court may empower such guardian to make sale of such real estate, or may appoint a commissioner or commissioners for that purpose. Whether the sale be made by guardian or commissioner, the guardian must file an additional bond to secure proceeds. McKeever v. Ball, 71 Ind. 398. When a sale is made by a commissioner the guardian is entitled to receive the proceeds of sale. McKeever v. Ball, 71 Ind. 398. 2700. (2535.) Report of sale.-21. At the term of the court next after such sale, such guardian or commissioner shall make report thereof to such court, and produce the proceeds of sale, and the notes or obligations or other securities taken to secure the payment of the purchase-money. When the guardian receives anything in payment except money and does not account for the purchase-money, the purchaser will be liable for such purchase-money. Wallace v. Brown, 41 Ind. 436; Bevis v. Heflin, 63 Ind. 129. If the guardian receives his own notes in payment for the land sold, he will be liable on his bond for the purchase-money. Heflin v. Bevis, 82 Ind. 388. Recovering judgment by the ward against the guardian for the purchase-money, is a ratification of the sale. Bevis v. Heflin, 63 Ind. 129. The ward may ratify the sale by receiving the purchase-money after arriving at full age. Webster v. Bebinger, 70 Ind. 9. If the guardian is the purchaser of the land the ward may treat the sale as void while the land is held by the guardian, but if he conveys the same to an innocent purchaser he will obtain a good title. Gwinn v. Williams, 30 Ind. 374; Lane v. Taylor, 40 Ind. 495; Sherry v. Sansberry, 3 Ind. 320. The guardian is the proper custodian of the funds arising from the sale of lands of the ward. State, ex rel., v. Steele, 21 Ind. 207. If the ward dies before the sale is completed and leaves a personal estate of not over $500, the guardian may complete the sale without a new order. Wingate v. James, 121 Ind. 69. 2701. (2536.) Price the property must bring.-22. Whenever such real estate is ordered by the court to be sold at private sale, the same shall not be sold for less than its appraised value; and, when ordered to be sold at public auction, for not less than two-thirds of its appraised value. An erroneous order as to the amount for which the land must be sold is immaterial when the land sells for its full appraised value. Worthington v. Dunkin, 41 Ind. 515. 2702. (2537.) Confirmation and conveyance.-23. The court, in confirming such sale and directing a conveyance, shall be governed by the law regulating the confirming of sales of real estate made by executors or administrators and the making of conveyances on such sales. See sections 2512-2520. Until the sale is confirmed by the court the purchaser has no vested rights in the lands. Williams v. Perrin, 73 Ind. 57. A deed made by a guardian has only the effect of a quitclaim deed. State, ex rel., v. Clark, 28 Ind. 138. The title conveyed does not relate back to the order of sale so as to cut out intervening liens. Shaffner v. Briggs, 36 Ind. 55. The deed made by a guardian is prima facie evidence of a report and confirmation of the sale. Edwards v. Powell, 74 Ind. 294. A deed made before confirmation of the sale is invalid, but if it is approved by the court after such confirmation, it will be valid. Hammann v. Mink, 99 Ind. 279. An omission to insert in the deed the page of the order book where the order of sale is entered, will not render the deed invalid. Hammann v. Mink, 99 Ind. 279. The sale and conveyance only transfers the interest held by the wards in the lands at the time of the sale. Erwin v. Garner, 108 Ind. 488. [1853, p. 75. In force February 14, 1853.] 2703. (2538.) Foreign guardian may sell.-1. When any minor or other person shall be under guardianship without this state, and shall have no guardian in this state, the foreign guardian may file an authenticated copy of his appointment in the office of the clerk of the circuit court of the county in which there may be real estate of his ward; after which, he may proceed to sell the real estate of his ward in this state as if he were a resident guardian, except as is provided in the next section. 2704. (2539.) Bond.-2. When it shall appear to the courts of this state that such foreign guardian is bound with sufficient sureties in the state or county where he was appointed to account for the proceeds of such sale, and an authenticated copy of such bond shall be filed in such court, no further bond shall be required; otherwise, he shall give bond as in case of sales by a guardian appointed in this state. [1869 S., p. 72. In force May 3, 1869.] 2705. (2540.) Suits by foreign guardian.-1. When any minor or other person shall be under guardianship without this state, the foreign guardian may file an authenticated copy of his or her appointment in the office of the clerk of the circuit court of the county in which there may be personal estate or assets of his or her ward; after which he or she may proceed to take possession of said personal property or assets, and may sue for and recover possession thereof in the circuit courts of this state, and execute all proper and necessary receipts. Guardians in this state of minors residing in other states may be required by the courts to pay over the funds in their hands to the guardians of the wards at the place of their residence. Earl v. Dresser, 30 Ind. 11; Marts v. Brown, 56 Ind. 386. A demurrer for want of facts will not raise the question of the right of a foreign guardian to sue without filing an authenticated copy of his appointment as guardian. Shook v. State, ex rel., 53 Ind. 403. 2706. (2541.) New bond by foreign guardian.-2. When it shall appear to the courts of this state that such foreign guardian is bound in sufficient sureties in the state or county where he or she is appointed to account for the proceeds of such personal property or assets, and an authenticated copy of such bond shall be filed in such court, no further bond shall be required; otherwise, he or she shall give bond as in case of guardians appointed in this state. [2 R. S. 1852, p. 321. In force May 6, 1853.] 2707. (2542.) Partition.-24. The guardian of any minor may join in and assent to a partition of the real estate of such minor under the direction of the court, upon a petition for partition. See section 1208. Process may be served upon the guardians in suits for the partition of the lands of their wards. Richards v. Richards, 17 Ind. 636. Guardians may institute suits for the partition of the lands of their wards. Schee v. McQuilken, 59 Ind. 269; Bowen v. Swander, 121 Ind. 164. Guardians may appear in their own names in suits for the partition of the lands of their wards, and defend the interest of such wards, and may in like manner appeal from the judgment rendered. Miller v. Smith, 98 Ind. 226. A guardian can not maintain an action to review a judgment of partition of the lands of his ward. Bundy v. Hall, 60 Ind. 177. 2708. (2543.) Expenses and pay.-25. Every guardian shall be allowed by the court settling his accounts the amount of all his reasonable expenses incurred in the execution of his trust; and also such compensation for his services as the court shall deem reasonable. It is not incumbent on a guardian to show that he has not used the funds of the ward before he is entitled to an allowance for his services. Nettleton, Ex parte, 10 Ind. 352. In an action on the bond of a guardian a claim for services of the guardian may be pleaded as a set-off. Kinsey v. State, ex rel., 71 Ind. 32. [Acts 1889, p. 365. In force May 10, 1889.] 2709. (E. S. 633.) Guardian-Maintenance.-7. Whenever any person having the custody of or control of any minor shall be convicted of a violation of any of the provisions of this act, it shall be lawful for any person to apply to the proper court of the county wherein the offense has been committed for the appointment of a proper guardian for the person of such minor, and the said court may, in its discretion, make such appointment, having due regard in the selection of a guardian to the religious persuasion of the parent or former guardian, or it may place such child in an asylum or home for children, with the powers of a guardian of the person, as may be most expedient, and the said court may order the parent to pay such a reasonable sum toward the maintenance of such child, and at such times and in such amounts as the said court may see fit; and such court may, at any subsequent time, upon being satisfied that the parent has become a fit person to resume the custody of said minor, and upon reasonable security, to be fixed by the court, being given for the faithful observance of the provisions of this act, may remand such minor to the custody of such parent, subject, nevertheless, to the obligations of any indentures or legal engagements already entered into on behalf of said minor or his or her guardian. Whenever any minor shall become an inmate of any orphan asylum or home, under any order of court, or in any other lawful manner, the duly authorized officers of such asylum or home shall have the same power and right to secure a home for and bind over any such child, by proper indenture, as the parent or legal guardian would have. 2710. (E. S. 634.) Humane society and officers.-8. Any duly organized or incorporated humane society, having for one of its objects the protection of children from cruelty, may offer any agents or officers employed by them to the proper authorities of any city for the purpose of being commissioned to act as police officers through the limits of said city, for the purpose of arresting all offenders against this act, or of any of the provisions thereof; whereupon such police authorities shall, if such persons are proper and discreet persons, commission them to act as such police officers, with all the rights and powers pertaining thereto, but no such city shall be liable in any way for the salary or wages of such officers, or for any expense whatever in rela |