34 Cal 468

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

dies leaving a will, and the executor named is absent or fails to qualify. Second, When persons die intestate, without any known heirs, and administration is not undertaken by some other person. Third, When persons unknown die, or are found dead in the county. Fourth, When money, property, papers, or other estate, are left in a situation exposed to loss or damage and no other person administers on the same. Fifth, When any estate of any person who has died elsewhere is left in the county, liable to be injured, wasted, or lost, or is not in the lawful custody of some responsible person. Sixth, When from any other good cause the probate court shall order him to take possession of any estate to prevent its being injured, wasted, purloined, or lost.

SEC. 9. In addition to the provisions of this article, he and his securities shall have the same powers as are conferred upon, and be subject to the same duties, penalties, provisions and proceedings as are enjoined upon authorized agents, executors and administrators by this act, so far as the same may be applicable.

SEC. 10. He shall have power to administer oaths and affirmations in all matters relating or belonging to the exercise of his office; and he shall be allowed the same fees that justices of the peace are allowed for like duties.

SEC. 11. If at any time letters testamentary or of administration be legally granted on such estate to any other person, he shall, under the order of the probate court, account for, pay, and deliver to the executor or administrator thus appointed all money, property, papers, and estate of every kind in his possession.

SEC. 12. It shall be the duty of all civil officers to inform the public administrator of all property and estate known to them which is liable to loss, waste, or injury, and which by law ought to be in the possession of the public administrator.

SEC. 13. The public administrator shall institute all manner of suits and prosecutions that may be necessary to recover the property, debts, papers, or other estate of the person deceased

SEC. 14. If any person file an affidavit before a justice of the peace that he has reason to believe that any other person is unlawfully possessed of property (describing the same in such affidavit as truly as may be) which ought to be committed to the care of the public administrator, he shall issue his warrant to bring such person before him forthwith.

SEC. 15. When such person shall be brought before the justice, the matter shall be tried in a summary way; and if the complaint be found true, the justice shall render judgment that the property be delivered to the public administrator to be administered, and for

cost.

SEC. 16. Such judgment may be enforced by execution or attachment.

SEC. 17. If such judgment be against the right of the public administrator to such property, the affiant shall pay the costs, but such judgment shall be no bar to the administrator's right to sue in the ordinary form in the proper court for the recovery thereof.

SEC. 18. If the judgment of the justice be against the person charged with the possession of such property, he shall be allowed an appeal to the probate court on the same terms and with like effect as in appeals from judgments in justices' courts.

SEC. 19. The recognizance to be entered into by the appellant and his securities may be in the following form:

We, the undersigned,

public administrator for

as principal, and

county, in the sum of

as securities, acknowledge ourselves indebted to

dollars, to be void upon this condition: whereas,

pealed from the judgment of

a proceeding between -

has apa justice of the peace, in

affiant, and

-, defend

ant; now if on such appeal the judgment of the justice be affirmed, or on a trial anew in the probate court judgment be given

against the appellant, and he shall satisfy and perform the judgment of the justice, and pay the cost of the appeal, then this recognizance shall be void, otherwise to remain in full force; which shall be signed by the appellant and his securities, and attested by the justice.

SEC. 20. When an appeal is allowed the same proceedings shall be had, and the duty of the justice shall be the same as in appeals from judgments in justices' courts

SEC. 21. If the person against whom the judgment is rendered cannot be found, or the judgment be not complied with, the justice may issue his warrant to seize the property or estate and deliver it to the public administrator.

SEC. 22. The probate court may at any time order the public administrator to account for and deliver all money and property of

an estate in his hands to the heirs, or to any executor or administrator regularly appointed.

SEC. 25. This act shall take effect from and after its passage.

AN ACT to designate the style of the enacting clause of the legislative acts of the Territory of Montana.

Be it enacted by the Legislative Assembly of the Territory of Montana :

SEC. 1. That all acts of the Legislative Assembly of the Territory of Montana shall be designated, known, and acknowledged in each such act of said Legislative Assembly as follows:

Be it enacted by the Legislative Assembly of the Territory of Montana :

SEC. 2. This act shall be in force from and after its passage. [Approved December 20, 1864.]

AN ACT to prevent ranchmen and stable keepers from using stock left with them without the consent of the owners.

Be it enacted by the Legislative Assembly of the Territory of Montana:

SEC. 1. That if any person keeping a public ranch or stable shall use, or allow to be used, without the consent of the owner, any horse, ox, mule, or ass, that may have been left with him to be ranched or fed, he shall forfeit to the owner all ranch or stable fees that may be due upon such animal used, and the additional sum of twenty-five dollars for each day such animal may have been used, to be collected in the same manner as other debts.

SEC. 2. This act shall take effect and be in force from and after its passage.

[Approved December 23, 1864.]

AN ACT to regulate the sale of horses, mules, asses, jennies, and cattle at auction in Montana Territory.

Be it enacted by the Legislative Assembly of the Territory of Montana:

SEC. 1. Any person who may be licensed in this Territory to keep an auction where horses, mules, asses, jennies, and cattle are sold at auction, shall open a book called a Stock Register, in which he shall describe minutely every animal he shall offer for sale, and before proceeding to sell the same.

SEC. 2. In such register shall be recorded the person's name who brings forward such animal for sale, and whether or not he is the owner of the same, and if not the owner, the name of the owner, with his residence; also the color, brand or mark, size, and age, as near as may be, of the animal so offered for sale.

SEC. 3. The keeper of such auction shall be entitled to charge and receive for the registering each animal so entered in his register before he shall offer the same for sale, the sum of twenty-five cents; and all "stock registers" shall be open for inspection and reference to any person who may wish to examine the same, and shall be evidence in any court where the trial of the rights of property may be had.

SEC. 4. Any person who shall, after the passage of this act, offer for sale at auction any animal named in section one of this act, without first having complied with the requirements of this act, shall, upon conviction thereof before any court of proper jurisdiction, be fined in the sum of fifty dollars, to be collected as other fines, and paid into the county treasury for the use of the county. SEC. 5. This act to take effect and be in force in thirty days. from and after its passage.

[Approved December 26, 1864.]