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be transmitted to foreign executor.

SEC. 221. The balance, if any, may be transmitted to the for- Any balance to eign executor or administrator, or, if there be none such, it shall,' 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.

executors, &c.

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


suggest a devasta

it, when.

SEC. 223. If, upon the settlement of any executor or adminis- Any creditor may trator, there be not sufficient assets to pay all the demands 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.

cation, court to direct an issue.

How proceeds ap

SEC. 224. Upon such application, the court shall direct an issue Upon such 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. Judgment. 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.

If waste is wilful and fraudulent, applicant to re

SEC. 226. If it appear that such waste was committed wilfully 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 insolvent, any creditor, or other person interested therein, may bring a suit on the administration bond, and assign and prove, as 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


Sit on adminis ment, when

tration bond, after final settle

brought and effect

of judgment.

judgment, against

SEC. 228. Upon such judgment, execution may issue against Execution on the private estate of such executor or administrator, and his set

whom and what

estate to issue.

Proceeds of exeentions, how to be applied.

Bond of an executor or administrator may be

sued on; snit how and by whom


Court, how to proceed for disobedience of any order.

Appeals, what eases allowed.

Appeals, when to be taken.

Application for appeal, affidavit to be filed, &c.

tlement shall only be conclusive so far as he has applied the assets 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 to 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 administrator 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 therein.

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. Second, 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 estate. Seventh, On judgments for waste. Eighth, On proceedings to recover balances escheated to the Territory or county. Ninth, On orders revoking letters testamentary, or of administration. 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 distributees 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

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.

Its condition.

ministrator not


SEC. 235. Every such appellant shall file in the court the bond Appellant to file of himself or some other person, in a sum and with security ap- Executor or adproved by the court, conditioned that he will prosecute the appeal, required 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 affidavit and bond have been filed, the appeal shall be granted, but shall not be a supersedeas in any other matter relating to the administrator of the estate, except dari that from which the appeal is specially taken.

Affidavit and

to be granted; how far a super


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 appeal takoriginal papers in his office relating thereto.

en, clerk to transmit a transcript to court.

transcript, court shall be possessed of the cause and try it anew.

SEC. 238. Upon the filing of such transcript and papers in the non fling a 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 transcript of the record and proceedings, and the original papers, to 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.



Proceedings, &c., the court

to be certified to

whence the appeal was taken.


Salary and office

rout of comptrol

ler, treasurer and


Superintendent of

land sales.

Widow of A. J.


AN ACT making Appropriations for the Expenses of the Territory of Kansas, for the year 1859.

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 appropriated, viz: for salary of the comptroller, eight hundred dollars; 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 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. Winchell 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 dollars; for locating and constructing Territorial roads, twenty Locating 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-1859. 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 Ksponses of codi- commissioners, their clerks, and contingent expenses, twelve hundred and fifty dollars.

Expenses of the Leavenworth constitution.

Extra expenses of


rial roads.

Extra expenses of

fying committee.

Comptroller to is

sue warrants.

SEC. 2. The comptroller of the Treasury is hereby authorized and required to issue warrants on the treasury of the Territory, ponses of legisla for the purposes specified in the first section; and accounts for the contingent expenses of the present Legislative Assembly,

Contingent ex

ture-how certif


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 Grrad jurors 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.


clerk of court to

President of the Council.

Approved February 11, 1859.



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