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Sec. 191. Every person who shall attempt to commit a public offence, and in such attempt shall do any act toward the commission of such offence, but shall fail in the perpetration thereof, or shall be prevented or intercepted in executing the same, upon conviction thereof, in cases where no provision is made by law for the punishment of such attempt, shall be punished as follows: First. If the offence so attempted to be committed be such as is punishable by death, or by imprisonment in the territorial prison for a term which may extend to life, the person convicted of such attempt shall be punished by imprisonment in the territorial prison not exceeding ten years. Second. If the offence so attempted is a misdemeanor, the person so convicted shall be punished by a fine not exceeding one-half of the largest amount, or by imprisonment in the county jail or territorial prison, as the case may be, for a term not exceeding one-half the longest time prescribed by law, upon a conviction of the offence so attempted. Third. If the offence so attempted is a felony not punishable by death or imprisonment which may extend to life, the person convicted of such offence shall be punished by imprisonment in the territorial prison not exceeding one-half the longest time which may be imposed on conviction of the offence so attempted.

Sec. 192. All acts and parts of acts conflicting herewith, as to crimes committed after this act shall go into effect, are hereby repealed. All laws heretofore existing upon the subject of crimes and punishments shall remain in full force and effect as to all crimes committed before this (act) goes into effect.

Sec. 193. This act shall go into effect on the first day of August, A. D. 1872.

Approved January 12, 1872.

GENERAL AND MISCELLANEOUS LAWS.

Executors and Adminiatiators

AN ACT in relation to Administrators and Executors

Executors and Atministrators

ADMINISTRATORS AND EXECUTORS.

CHAPTER I.

(See post chapter 60.)

ARTICLE I.

OF THEIR APPOINTMENT AND REMOVAL FROM OFFICE.

Sec. 1. Letters testamentary and of administration—by whom

granted.

Sec. 2. Duty of probate judge when granted in vacation.
Sec. 3. Where letters are to be granted.

Sec. 4. Proceeding intrusted to court; where to be had.
Sec. 5. Who shall be an executor or administrator.
Sec. 6. Who entitled to administration next of kin.
Sec. 7. When letters may be granted to other persons.

Sec. 8. A non-resident of the territory shall not be executor or
administrator.

Sec. 9. Citation may be issued to persons entitled; failure to appear deemed a renunciation.

Sec. 10. Letters to administrators.

Sec. 11. Executors shall give bonds.

Sec. 12. Shall have two or more good securities.

Sec. 13. Validity of the will.

Sec. 14. Application of administration to discover on oath the heirs; administrator to take oath.

Sec. 15. Administrator de bonis non to take similar oaths.
Sec. 16. Oath of administrators, with will annexed.
Sec. 17. Bond of administrators.
Sec. 18. Condition of bond.

Sec. 19.
Sec. 20.

Bond of executors or administrators, with will annexed. Who shall not be taken as security in bond of executor or administrator.

Sec. 21. Who to be used as security; testimony may be taken. Sec. 22. Bonds to be recorded; originals filed; taken in vacation; how disposed of.

Sec. 23. Probate court to approve or reject bond taken in vacation; duty of clerk in such cases.

Sec. 24. If bond be rejected, new bond to be given; failure to give, such letters to be revoked.

Sec. 25. Original bond valid until new bond given.

Sec. 26. Letters of administration to be recorded before delivery. Sec. 27. Penalty on clerk for failing to record letters before delivery.

Sec. 28. Certified copies of letters to be testimony.
Sec. 29. Form of letters testamentary.

Sec. 30. Form of letters of administration.

Sec. 31. All letters to be issued in the above form.

Sec. 32. Letters revoked on production of will.

Sec. 33. Letters revoked; if will set aside, other letters granted. Sec. 34. Marriage of feme sole.

Sec. 35. For what cause, and how letters may be revoked. Sec. 36. Heir, legatee, creditor, or other persons may apply for additional security.

Sec. 37. Security in bond may apply to be released on his bond. Sec. 38. When another bond may be required.

Sec. 39. New bond to discharge former securities.

Sec. 40. Failure to give new bond deemed a revocation of letters.
Sec. 41. Court may order further security to be given; failure to
comply deemed a revocation of letters.
Sec. 42. Resignation of letters-how made.
Sec. 43. On resignation, expenses paid by applicant.
Sec. 44.

Letters of one revoked, others to proceed with adminis
tration.

Sec. 45. Administrator de bonis non-when granted. Sec. 46. If executors or administrators die or resign, letters revoked; how to account.

Sec. 47. Who may proceed against the delinquent and his securities.

Sec. 48. Securities not to be sued after seven years.

Sec. 49. Failure to make settlement; court may revoke letters. Sec. 50. Delinquent to pay for citation or attachment.

Section 1. The probate court in each county, or the clerk thereof in vacation, shall grant letters testamentary and of administration, subject to the confirmation or rejection of said probate court in term time.

Sec. 2. The clerk thereof shall present to the probate court on the first day of the next succeeding term thereof, all such letters as may have been granted by him in vacation, and shall enter on the records the confirmation of such letters.

Sec. 3. Letters testamentary and of administration shall be granted in the county where the mansion-house or place of abode of the deceased is situated. If he or she had no mansion-house or place of abode, and be possessed of lands or real estate, letters shall be granted in the county in which such lands, or a part thereof, lie. If the deceased had no mansion-house or place of abode, and was not possessed of lands, letters may be granted in the county in which he died, or in the county in which the greater part of his or her estate may be. If he or she died out of this territory, leaving no mansion-house or place of abode or lands in this territory, such letters may be granted in any county.

Sec. 4. All orders, settlements, trials, and other proceedings, intrusted by this act to the probate courts, shall be had or made in the county in which letters testamentary or of administration were granted.

Sec. 5. No judge of probate in his own county, or the clerk or deputy clerk of such court, and no person under twenty-one years of age, or of unsound mind, or who has been convicted of an infamous crime, or who, upon proof, shall be adjudged by the court incompetent to execute the duties of the trust, by reason of drunkenness, improvidence, or want of understanding, shall be appointed or act as administrator or executor. No married woman shall be executrix or administratrix, nor shall the executor of an executor in consequence thereof be executor of the first testator.

Sec. 6. Letters of administration shall be granted in the following order: First. To the husband or wife of the deceased. Second. To the next of kin of the deceased, or to any one selected by such person. Third. To any one or more of the creditors of the deceased, whom the court deems will best manage and settle up the estate. Fourth. To any suitable person who may apply therefor.

Sec. 7. If no person apply for such letters within twenty days after the decease, letters may be granted to any person whom the court, or clerk in vacation, may think most suitable, and possessing the necessary qualification to execute said trust.

Sec. 8. Letters testamentary and of administration shall in no case be granted to a non-resident of this territory; and whenever an executor or administrator shall become a non-resident, the probate court having jurisdiction of the estate of the testator or

intestate of such executor or administrator shall revoke his or her letters.

Sec. 9. The probate court, or the clerk thereof in vacation, ou the application of any person interested, may issue a citation to the person entitled to administer, calling upon him or her to administer; and if he or she fail to take out letters within ten days after the service of the citation, or if the person entitled to the preference file their renunciation thereof, in writing, letters of administration shall be granted to the person next entitled thereto.

Sec. 10. After the probate of any will, letters testamentary shall be granted to the persons therein appointed executors. If a part of the persons thus appointed refuse to act, or be disqualified, the letters shall be granted to the other persons appointed therein. If all such persons refuse to act, or be disqualified, letters shall be granted to the person to whom administration would have been granted, if there had been no will.

Sec. 11. When there are two or more persons appointed executors in any will, none shall have authority to act as such, or intermeddle, except those who give bond.

Sec. 12. When two or more persons are appointed executors, the court or judge, or clerk in vacation, may take a separate bond from each of them, with two or more good securities, or he may take a joint bond from all of them, with two or more sufficient securities.

Sec. 13. If the validity of the will be contested, or the executor be a minor, or absent from the territory, or disqualified from acting as such under the provisions of this act, letters of administration shall be granted during the time of such contest, minority, absence, or disqualification, to some other person, who shall take charge of the property, and administer the same according to law, under the direction of said court, and account for and pay and deliver all the money and property of the estate of the deceased, to the executor or regular administrator when qualified to act.

Sec. 14. Every applicant for letters of administration, at the time of the application, shall make an affidavit, stating, to the best of his knowledge and belief, the names and places of residence of the heirs of the deceased, that the deceased died without a will, that he or she will make a perfect inventory of, and faithfully administer all the estate of the deceased, and pay the debts as far as the assets will extend and the law direct, and account for and pay all assets which shall come to his possession or knowledge.

Sec. 15. A similar affidavit shall be made, with such variations as the case may require, by the administrators of goods remaining unadministered, and by administrators during the time of contest about a will, or the minority, inability, or absence of the executor appointed therein.

Sec. 16. Every administrator, with the will annexed, and

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