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the same, and distribute the proceeds of such sale according to the order of the court; and he and his securities shall account on his official bond for any failure to apply the proceeds of such sale according to such order.

SEC. 25. Whenever application shall be made as provided in the third, fourth, and fifth sections of this article, for the distribution of personal property, and it shall appear to the court, by the affidavit of the applicant or other person interested, that there is an infant or infants interested in such property, who are not residents of the county, and who have no legal appointed guardian or curator, it shall be the duty of the court to appoint a guardian ad litem for such infant or infants.

SEC. 26. Such guardian, when so appointed, shall have power as other guardians, and shall be required to enter into bond with like effect and on the same conditions as therein provided.

SEC. 27. The guardian ad litem appointed under the provisions of this act shall receive the money or property which may be distributed or set apart to his ward, and shall hold and manage the same in like manner and on like conditions as general guardians and curators, and shall in all things be governed by the same rules as far as the same may be applicable.

SEC. 28. If at any time the court shall be satisfied, as provided in the act concerning guardians and curators, that any minor has another curator in any county in this Territory, where such minor resides, the court may order the transfer of all moneys, property, and effects to such regular curator, with like effect and on the same conditions as provided in such act.

ARTICLE VII.

PROCEEDINGS AGAINST EXECUTORS OR ADMINISTRATORS AND THEIR SECURITIES.

SEC. 1. If upon the final settlement of any executor or administrator there be not sufficient assets to pay all the demands against the estate, any creditor may at any time before the end of the succeeding term of the court after which such final settlement shall have been made, suggest to the court that such executor or administrator has not made just accounts of the assets in his hands, and apply for an inquiry into the same.

SEC. 2. The cxecutor or administrator shall be served with a notice of such application, setting forth the substance thereof, ten days before the same shall be made to the court; and such notice may be served by any sheriff or constable, or any competent wit ness, who shall make affidavit to such service by delivering to such executor or administrator a copy of such notice, or by leaving a copy of the same at his usual place of abode, with some white member of his family over the age of fifteen years.

SEC 3 Upon such application the court shall direct an issne to be made up whether there be waste or not, which shall be tried as demands against the estate.

SEC. 4. If no waste be found, the applicant shall pay the costs, but if waste be found, judgment shall be rendered in favor 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 debts due the applicant, and the residue shall be apportioned among the creditors.

SEC 5. If it appear that such waste was committed wilfully and fraudulently, the court shall render judgment for double the amount wasted, with costs, to be apportioned as aforesaid.

SEC. 6. If after final settlement of any estate found to be solvent, any creditor or other person interested therein may bring action of waste, or a suit on the administrator's bond, and assign and prove a breach of the condition, any waste or mismanagement of the estate, and have judgment against the administrator or executor as his or their securities in said bond, for the whole value of the assets wasted or mismanaged, as he could have done it if the whole had been regularly accounted for, with costs.

SEC. 7. Upon such judgment execution may issue against the private estate of the executor or administrator and his or their securities, and the settlement of such executor or administrator shall only be conclusive so far as he has applied the assets, pursuant to the orders and apportionment made by the court for the payment of debts.

SEC. 8. The proceeds of all executions on any judgment thus recovered shall be applied to the payment of the debts due to the person suing, and the residue shall be apportioned among the creditors.

SEC. 9. The bond of any executor or administrator may be

sued on the instance of any person injured, in the name of the people of the Territory of Montana, 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 damages shall be assessed thereon as on bonds of collateral conditions.

SEC. 10. When any such executor or administrator shall have wasted or misapplied any gold dust received in his hands by virtue of his trust or office of executor or administrator, in all such cases the value of such gold dust in the United States treasury notes shall be the measure of damages.

SEC 11. The probate court, for disobedience of any order made in pursuance of this act, may issue attachments, imprison the body, or proceed by sequestration of lands and goods, and may issue all necessary and proper process for that purpose, directed to any county in the Territory, and cause it to be served and executed therein.

ARTICLE VIII.

OF APPEALS.

SEC. 1. Appeals shall be allowed from the decisions of the probate court to the district court in the following cases: First, On all demands against the estate 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 or minor children. 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 all judgments for waste. Eighth, On proceedings to recover balances escheated to the people. Ninth, On all orders revoking or granting letters testamentary or of administration. Tenth, On all orders making allowances for the expenses of administration. Eleventh, On all orders for the specific executions of contracts. Twelfth, On all orders compelling legatees and 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. 2. All appeals shall be taken during the term of which the decision complained of is made.

SEC. 3. The applicant for such appeal, his agent or attorney, shall file an affidavit that the appeal is not made for the mere purpose of vexation or delay, but because the affiant believes that the appellant is agrieved by the decision of the court.

SEC. 4. Every such appellant shall file in the court the bond of himself or some other person, in a sum, and with security to be approved by the court, conditioned that he will prosecute the appeal with diligence, and pay the debt, damages, and costs that may be adjudged against him. This act shall not be so construed as to require an executor or administrator to enter into bond in order to entitle him to an appeal.

SEC. 5. After such affidavit and bond have been filed, the appeal shall be granted, but shall be a supersedeas in any other matter relating to the administration of the estate except that from which the appeal is specially taken.

SEC. 6. When such appeal is taken, the clerk or judge shall transmit to the clerk of the district court a certified transcript of the record and proceedings relating to the cause, together with the original papers in his office relating thereto.

SEC. 7. Upon the filing of such transcript and papers in the office of the clerk of the district court, ten days before the first day of the term thereof, the said district court shall proceed to hear and determine the same anew, without regarding any error, defect, or other imperfection in the proceedings of the probate court.

SEC. 8. After the said district court shall hear and determine the same, the clerk thereof shall certify a transcript of the record of the judgment and proceedings of said district court, together with the original papers, to the court whence the appeal was taken, who shall proceed according to decision of the said district court.

SEC. 9. All surviving partners who undertake the management of partnership estates, as provided by this act, and their sureties, shall have the same powers as are conferred upon, and be subject to the same duties, penalties, provisions, and proceedings as are enjoined upon, or authorized against executors and administrators and their securities by this act, so far as the same may be applicable.

SEC. 10. All courts in this Territory having probate jurisdiction, and the clerk thereof, shall be governed in all things by the provisions of this act as far as they may be applicable to their jurisdiction and duties.

ARTICLE IX.

OF PUBLIC ADMINISTRATORS.

SEC. 1. Each probate court, or court having probate jurisdiction in any county, may appoint a public administrator for its county, who shall hold his office for two years, and until his successor in office be qualified.

SEC. 2. Before entering on the duties of his office he shall take oath faithfully and honestly to discharge the duties thereof, and shall enter into bond to the people of the Territory of Montana, in a sum not less than ten thousand dollars, with two or more securities approved by said court, conditioned that he will faithfully discharge all the duties of his office, and the court may from time to time, as occasion shall require, demand additional security of such administrator, and in default of giving the same within twenty days after required, may remove said administrator and appoint another.

SEC. 3. His certificate of appointment, official oath, and bond, shall be filed and recorded in the recorder's office of the county, also in the office of the probate court, and copies thereof from either, certified under the seal of such court, or from the recorder's office under his seal, shall be evidence.

SEC. 4. Any person injured by the breach of such bond may sue upon the same, in the name of the people of the Territory of Montana, for his own use in any court having jurisdiction.

SEC. 5. Such public administrator may be removed from office in the same manner and for the same causes as administrators in other cases.

SEC. 6. He shall receive the same compensation for his services as may be allowed by law to executors and administrators, unless the court for special reasons allow a higher compensation.

SEC. 7. For any wilful misdemeanor in office he may be indicted, and fined not exceeding one thousand dollars, and may be imprisoned until such fine and costs are paid.

SEC. 8. It shall be the duty of the public administrator to take into his charge and custody the estates of all the deceased persons in his county in the following cases: First, When a stranger dies intestate in the county, without relations or confidential friends, or

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