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be transmitted to

executors, &c.

Sec. 221. The balance, if any, may be transmitted to the for- Aay bulanco to eign executor or administrator, or, if there be none such, it shall, foreign executor. after the expiration of three years from the appointment of the administrator, be distributed rateably among all the creditors, citizens and others, who shall have proved their debts in this Territory.

Sec. 222. Executors and administrators shall be allowed for Compensation of their trouble not exceeding six per centum on the whole amount of personal estate, and on the money arising from the sale of lands, with such additional allowance for leasing real estate and collecting and preserving the estate, as the probate court shall deem reasonable. Of proceedings against Executors, Administrators and Se

curities. Sec. 223. If, upon the settlement of any executor or adminis- Ang creditor many trator, there be not sufficient assets to pay all the demands vit, when. against the estate, any creditor may suggest that he has not made a just account of the assets in his hands, and apply for an inquiry into the same.

Sec. 224. Upon such application, the court shall direct an issue Opolsceber applito be made up, whether there be waste or not, which shall be tried as demands against an estate.

Sec. 225. If no waste be found, the applicant shall pay the Costs. Jadgment costs; but if waste be found, judgment shall be recorded in favor plied. of the applicant against such executor or administrator, of his own proper estate, for the amount wasted, and costs, and the money collected shall be applied to the payment of the debt due to the applicant, and the residue shall be apportioned among the creditors.

Sec. 226. If it appear that such waste was committed wilfully life will and fraudulently, the applicant shall recover double the amount ceive double. wasted, with costs, to be apportioned as aforesaid.

Sec. 227. After final settlement of any estate found to be in- frition bomulimin solvent, any creditor, or other person interested therein, may ment, who bring a suit on the administration bond, and assign and prove, as of judgment. a breach of the condition, any waste or mismanagement of the estate, and have judgment against the executor or administrator for the whole value of the assets wasted or mismanaged, as he could have done if they had been regularly accounted for, with costs.

Sec. 228. Upon such judgment, execution may issue against Excontion on the private estate of such executor or administrator, and his set- en retour de ribes

direct an issue.

How proceeds ap

and fraudulent,


, after final settle

brought and effect Proceeds of exeentions, how to be applied.

judgment, against

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Bond of an execuitor or adminis, trator may be Ened on; snit how and by whom brought.

Court, how to proceed for digohedionce of any order.

Appeals, what enece allowed.

tlement shall only be conclusive so far as he has applied the as-
sets pursuant to the apportionment made by the court for the
payment of debts.

Sec. 229. The proceeds of all executions, on any judgments
thus recovered, shall be applied ió the payment of the debt duc
to the person suing, and the residue shall be apportioned among
the creditors.

SEC. 230. The bond of any executor or ::dministrator may be sued on, at the instance of any party injured, in the name of the Territory, to the use of such party, for the waste or mismanagement of the estate, or other breach of the condition of such bond, and the actual waste or damage shall be assessed thereon.

SEC. 231. The probate court, for disobedience to any order
made in pursuance of this act, may issue attachment, imprison
the body, or proceed by sequestration of land and goods, as fully
as a court of chancery may do, and may issue their process for
that purpose, directed to any county, and cause it to be served

Of Appeals.
Sec. 232. Appeals shall be allowed from the decision of the
probate court to the district court, in the following cases : First,
On all demands against an estate exceeding ten dollars. Sec-
ond, On all settlements of executors and administrators. Third, ,
On all apportionments among creditors, legatees or distributees.
Fourth, On all orders directing the payment of legacies, making
distribution, or making allowances to the widow. Fifth, On all
orders for the sale of personal estate, because distribution cannot
be made in kind. Sixth, On all orders for the sale of real es-
tate. Seventh, On judgments for waste. Eighth, On proceed-
ings to recover balances eschcated to the Territory or county.
Ninth, On orders revoking letters testamentary, or of administra-
tion. Tenth, On orders making allowances for the expenses of
administration. Eleventh, On orders for the specific execution
of contracts. Twelfth, On orders compelling legatees or distrib-
utees to refund, and in all other cases where there shall be a final
decision of any matter arising under the provisions of this Act.

SEC. 233. All appeals shall be taken during the term at which
the decision complained of, is made, or within ten days after the
making of such decision. Notice of such appeal shall be given in
open court and entered on the record, or by written notice to the
opposite party.

Sec. 234. The applicant for such appeal, his agent or attor


Appeals, when to be taken.

Application for appeal, affidavit to be Bled, &c,




Amidavit and

to be granted ; how far & supersedeas.

, clerk to mit a transcript to court.

ney, shall file an affidavit that the appeal is not taken for the purpose of vexation or delay, but because the affiant believes that the appellant is aggrieved by the decision of the court.

SEC. 235. Every such appellant shall file in the court the bond Appellant to ile of himself or some other person, in a sum and with security ap- Executor oradproved by the court, conditioned that he will prosecute the appeal, equired to give and

pay all debts, damages and costs that may be adjudged against him. This act shall not be so construed as to require any executor or administrator to enter into bond in order to entitle him to an appeal.

Sec. 236. After such asfidavit and bond have been filed, the appeal shall be granted, but shall not be a supersedcas in any other matter relating to the administrator of the estate, except fondamento, appeal that from which the appeal is specially taken.

SEC. 237. When such appeal is taken, the clerk shall transmit to the clerk of the district court, a certified transcript of the record and proceedings relating to the cause, together with the when estat la original papers in his office relating thereto.

SEC. 238. Upon the filing of such transcript and papers in the concefilpasses office of the clerk of the district court, the court shall be possessed of the cause, and shall proceed to hear, try and determine the same anew, without regarding any error, defect or other imperfection, in the proceedings of the probate court.

SEC. 239. The clerk of the district court shall certify a tran- Proceeding te script of the record and proceedings, and the original papers, to the concerts the court whence the appeal was taken, who shall proceed according to the decision of the district court.

This act to take effect and be in force from and after the first day of June next.

Speaker of the House of Representatives.


President of the Council.
Approved February 3, 1859.


, court shall be possegsed of the cause and try it snew.

to be to

whence appeal was taken.


AN ACT making Appropriations for the Expenses of the Territory of Kan

sas, for the year 1859.


rout comptrol


laad sales.

Widow of A. J.

Be it enacted by the Governor and Legislative Assembly of

the Territory of Kansas :

SECTION 1. That the following sums be and are hereby appropriated, or so much thereof as may be necessary to the objects herein named, for the year eighteen hundred and fifty-nine, to be

paid out of any money in the treasury not otherwise appropriaSalary and office ted, viz: for salary of the comptroller, eight hundred dollars ; lof, treasures and for office rent of the same, one hundred dollars; for salary of

the treasurer, eight hundred dollars; for office rent of the same,

one hundred dollars ; for salary of the librarian and rent of the Superintendent of common schools. library rooms, two' hundred dollars ; for salary of Territorial

superintendent of common schools, fifteen hundred dollars; for Postponement of payment of the expenses of Robert Morrow, James M. Win

chell and Charles H. Branscomb in going to Washington to procure a postponement of the land sales, two hundred and fifty dollars each ; for the widow of A. J. Weaver, deceased, for services rendered in the year 1858, upon the border, in suppressing disturbances and preventing invasion, five hundred dollars; to pay scrip issued and signed by the president of the Leavenworth Constitutional Convention, also the scrip issued and signed by C. W. Babcock, president of the Council and G. W. Deitzler,

speaker of the House of Representatives, for clerk hire and conTerritorial Legis: tingent expenses, authorized by either House of the Territorial

Assembly at its session in 1858, the sum of fifteen thousand dol

lars; for locating and constructing Territorial roads, twenty Locatins Territo- thousand dollars; for pay of enrolling and engrossing clerks,

assistant clerks, messengers and chaplains, for services rendered

during the session of the Legislative Assembly, commencing the legislature-180. third day of January, 1859, and for contingent expenses, and

for increased pay of the first and second clerks, and rent of said

Legislative Assembly, five thousand dollars; for pay of codifying Keponses of codi- commissioners, their clerks, and contingent expenses, twelve hun

dred and fifty dollars.

Sec. 2. The comptroller of the Treasury is hereby authorized and required to issue warrants on the treasury of the Territory, for the

purposes specified in the first section; and accounts for the contingent expenses of the present Legislative Assembly,

Expenses of the Loaren worth constitution.



rial ,


Pying committee.

Comptroller to isoue warrants.

Contingent exponses of legisli fure-how certif

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certified by the president of the Council and sergeant-at-arms
of the House of Representatives, shall be sufficient evidence for
the comptroller to draw warrants on the treasury for the same.

Speaker of the House of Representatives.


President of the Council.
Approved February 11, 1859.



AN ACT to Appropriate Fifteen Hundred Dollars for the Payment of the

Grand Jurors and Witnesses of the Special Term of Court, called January 31st, 1859.



Be it enacted by the Governor and Legislative Assembly of

the Territory of Kansas :

SECTION 1. That the sum of fifteen hundred dollars be and the Gerad jurope and same is hereby appropriated for the payment of grand jurors and witnesses, summoned to attend the special term of court, called January 31, 1859, at the city of Lawrence ; and the certificates Certificate of of the clerk of the court, of the time of service and mileage of be voucher. each juror and witness, shall be a sufficient voucher, and authorize the Territorial treasurer to pay

the same.
Sec. 2. This act to be in force and take effect from and
after its passage.

Speaker of the House of Representatives.


President of the Council.
Approved February 11, 1859.


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