the office for recording deeds in the county in which said real estate may be situate, in like manner as other deeds are recorded and with the same force and effect; and which shall have the same force and effect to pass and vest the estate intended, as if the same had been executed by the person so contracting when of sufficient ability.

C. L. 1865. chap. 74,

§ 22: Feb. 7. 1856. Tr.

Contracts incomplete; procedure at

§ 1918. Whenever any person shall have contracted, as aforesaid, for the purchase of any real estate and before said instance of vender. contract shall be completed, shall be found a lunatic or habitual drunkard, in such case the district court of the county in which such real estate is situate, shall have power, upon application made by the vender, or other person interested, in the manner hereinbefore provided, to make such order for the fulfillment of said contract as shall be in accordance with the rules of equity and the terms of said contract. And said court shall further have the power, with leave of the vender, and on application of the committee or other person interested, to make an order for the rescinding of said contract if the same shall be equitable and just, and not prejudicial to the estate of said lunatic or habitual drunkard.

Id. § 23.

Accounts

to be by com.

rendered

§ 1919. Every committee of the estate as aforesaid shall, at least once in three years, and at any other time when so mittee. required by the district court, render an account of the management of the property committed to him as aforesaid, including the particulars of his receipts and expenditures, which accounts shall be filed in the office of the clerk of the court for the information of the court and all parties concerned.

§ 1920. And every committee as aforesaid, shall, on the determination of his trust, by the death of the party, or otherwise, settle in the clerk's office, a full and complete account of his management of the property under his care, including all the items embraced in every preceding account.

Id. § 24.

Account, final.

Id. § 25.

Accounts, by com

§ 1921. In every case in which a committee of the person mittee of person. of a lunatic or habitual drunkard shall be appointed separately from the committee of the estate, such committee of the person shall settle an account of his transaction as such, in the office of the clerk, as aforesaid, whenever so required by the court.

§ 1922. The several district courts, and the judges thereof, respectively, shall have power to remove said committee. from his trust, upon a proper showing for that purpose, when they may deem the same necessary.

Id. § 26.

Committee; removal of.

Id. § 27.

Lunatics exempt from arrest in civil Id. § 28.

§ 1923. No person, found by inquisition to be a lunatic or habitual drunkard, shall be liable to arrest or imprisonment actions. in any civil action, so long as such person shall remain of unsound mind.

Commission to be served with process;

§ 1924. Every writ for the commencement of an action against a person found to be a lunatic or habitual drunkard as when. aforesaid, shall be served on the committee of the estate of such person, or upon the committee of the person, if there be no committee of the estate, and proceedings may thereon be had in like manner as if service had been made upon the defendant, being of sound mind.

Id. § 29.

C. L. 1865. chap. 74,

$ 30: Feb. 7, 1856. Tr.

Person unlawfully

arrested: how discharged.

Jailer to give notice.

$1925. If any person found by inquisition to be a lunatic or habitual drunkard, shall be arrested or imprisoned as aforesaid, in any civil action, it shall be the duty of the court from which the process shall have issued, and of any judge thereof, in vacation, on the application of any person on behalf of the defendant, and the production of a certified copy of the proceedings upon such inquisition, to discharge such defendant from arrest and imprisonment without bail.

§ 1926. If any person arrested or imprisoned as aforesaid, in any civil action, shall appear to be of unsound mind, it shall be the duty of the jailer, or keeper of the prison, forthwith to give notice of the fact to two justices of the peace, Justices may in- who shall within five days, attend at the prison, and, upon the oath or affirmation of such persons as they shall think fit to examine, proceed to inquire into the state of mind of such prisoner, and if they shall find him to be a lunatic as was alleged, they shall forthwith make a record of the fact, and certify the same to the clerk of the district court.

quire.

Id. § 31.

Discharge from ar

for.

§ 1927. The clerk of the court shall immediately make rest: proceedings known such record to the district court, if in session, or to the judge thereof in vacation, and thereupon such court, or such judge, shall appoint a day, as soon as may be convenient to him, for hearing any objection to the discharge of such prisoner; and it shall be the duty of the clerk of the court to issue notice in not less than six hand bills, and also to the creditor at whose suit said prisoner is detained, at least one week before the time of hearing, that application will be made to the court, or the judge thereof, as the case may be, for the discharge of such prisoner, on the day therein specified.

Id. § 32.

Examination by

court.

Proviso.

Id. § 33.

Persons found insane, on trial for

custody.

§ 1928. On the day appointed for the hearing as aforesaid, if it shall appear that said notice shall have been given, the court, or judge, as the case may be, shall proceed to ascertain the state of mind of such prisoner, and if they or he shall be satisfied that such prisoner is of unsound mind, an order shall be made for the discharge of such prisoner from confinement, which shall be entered on record in said court: Provided, That if it shall appear to such court, or judge, that such person is not in a fit condition of mind to be set at large, it shall be lawful for such court or judge to make an order that he be detained in custody or delivered to his kindred or friends, who are hereby made responsible for his safe keeping, and who shall restrain him from the commission of any offense, by seclusion or otherwise.

§ 1929. Whenever it shall appear, upon the trial of any crime: how kept in person, charged with any crime or misdemeanor, that such person was insane at the time of the commission of the same, and such person shall be acquitted, the jury shall be required to find, specially, whether such person was insane at the time of the commission of such offense, and to declare whether he was acquitted by them on the ground of such insanity, and if they shall so find and declare, the court, before whom the trial was had, shall have power to order such person to be kept in strict custody, in such place and in such manner as to the said court shall seem fit, at the expense of the county in which the trial was had, so long as such person shall continue to be of

C. L. 1865. chap. 74.

unsound mind. The same proceedings shall be had if any person indicted for an offense, shall, upon arraignment, be found $34: Feb. 7, 1856. Tr. to be a lunatic or habitual drunkard, by a jury lawfully impaneled for the purpose, or if upon the trial of any person so indicted, such person shall appear to the jury charged with such indictment to be a lunatic, in which case the court shall direct such finding to be recorded, and may proceed as aforesaid.

§ 1930. Whenever, under a provision of this act, a person is found, upon inquisition to be a lunatic or habitual drunkard, and neither himself nor his friends have sufficient personal or real estate for the maintenace of said lunatic or habitual drunkard, he shall be supported at the expense of the county of which he is a resident; but the committee of such poor lunatic or habitual drunkard, shall in all respects conform to the provisions of this act.

County to bear expense: when.

Id. § 35.

Committee of person or estate: com

$1931. The committee, either of the person or estate of a lunatic or habitual drunkard, shall receive such compensa- pensation to. tion for his services as the court may order and direct, and whenever said lunatic or habitual drunkard is supported at the expense of the county of which he is a resident, said county shall also pay the committee for his services.

PROCEDURE FOR SALE OF REAL ESTATE OF LUNATICS.

1932. The district courts of this territory shall have jurisdiction to direct the sale or conveyance of the real estate of any person who shall have been found to be a lunatic upon inquisition as provided by this chapter, for the purpose of changing the form of investment of the property of such lunatic in cases where such sale or conveyance shall by such court be found to be advantageous to the lunatic or his or her estate.

1933. In order to authorize a sale or conveyance as provided in section one thousand nine hundred and thirty-two, the committee, guardian, or trustees of such lunatic must present to the district court of the county in which he was appointed, a petition, verified by his oath, setting forth the names of the persons who would be heirs of such lunatic upon his or her death; a description of the property sought to be sold or conveyed, the nature of the sale or conveyance proposed, and the reasons why such sale or conveyance will be advantageous to the lunatic or his or her estate, and praying the aid of the court in the premises. To such petition the persons who would be heirs of such lunatic, in case of his or her death, and the guardians of such of them as are minors shall be made defendants; and thereafter the like proceedings shall be had to bring the defendants into court and to bring the case to a hearing and decree, as are prescribed in sections two thousand and sixty-seven to two thousand and seventyfive inclusive, touching the sale of real estate of deceased persons, so far as the same are applicable.

§ 1934. Upon the hearing of the case upon the issue or issues formed, or where the petition may be taken as confessed it shall be the duty of the court to hear proofs touching the matters alleged in the petition, or in issue by the

Id. § 36.

District court to have jurisdiction.

C. 2. L. 97, § 1: Jan. 29.

Procedure.

Id. § 2.

Trial and duty of

court.

Jan. 29.

C. 2. L. 97, § 3; pleadings, and if by the proofs it shall appear that the proposed sale or conveyance will be advantageous to the lunatic or his or her estate, the court may then by decree, direct such sale or conveyance to be made by the committee, guardian or trustee, in such manner and upon such terms and conditions as may be prescribed in the decree; and such committee, guardian or trustee shall be responsible for the proceeds or property received upon such sale or conveyance in the same manner as is now provided by law for other property in their or his charge, and if such lunatic is adjudged insane by the district court and ordered to be, or is, with or without such order, confined in the insane asylum of the Territory of New Mexico, the committee, guardian or trustee of such lunatic. may apply such proceeds, or so much thereof as shall be necessary, to the maintenance of said lunatic, and the territory or no county thereof shall be charged with the maintenance of lunatics who have property which can be so applied.

Jurisdiction.

C. L. 1865, C. 2, § 2;

Sept. 27. 1845.

Letters testamentary, where granted.

Id. § 3.

Proceedings, where to be had.

§ 1935.

ary

ADMINISTRATIONS.

The probate judges shall grant letters testamentand of administration.

§ 1936. Letters testamentary and of administration shall be granted in the county in which the mansion, house or place of abode of the deceased is situated. If he had no mansion, house or place of abode at the time of his death, and be possessed of lands, letters shall be granted in the county in which the 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 where the greater part of his estate may be; if he died out of the territory, having no mansion, house or place of abode, or lands within this territory, letters may be granted in any county in which any personal estate of the deceased may be.

§ 1937. All orders, settlements, trials and proceedings touching the administration of estates shall be had or made

in the county in which the letters testamentary or of administration were granted.

C. L. 1865. chap. 2, $4: Sept. 27, 1845.

Letters of administration. to whom

§ 1938. Letters of administration shall be granted: First, to the husband or wife surviving; second, if there be no hus- granted. band or wife surviving, to those who are entitled to distribution of the estate, or one or more of them as the probate judge shall believe will best manage the estate.

§ 1939. If no such person apply for such letters, within thirty days after the death of the deceased, any creditor shall be allowed to take out such letters, and in defect of these the probate judge may select, as administrator, such discreet person as he may choose.

Crenshaw vs. Delgado. Vol, 1. page 376. N. M. Rep.

§ 1940. After probate of any will, letters testamentary shall be granted to the person or persons therein appointed executor or executors, if a part of the persons thus appointed refuse to act, or be disqualified, the letters shall be granted to the other persons therein appointed. If all such persons refuse to act, or be disqualified, letters of administration shall be granted to the person to whom administration would have been granted if there had been no will; when there are two or more persons named executors in a will, none shall have power to act as such except those who give bond.

Id. § 5.

Creditors may administer. when.

Il $ છે.

Letters to executors, when.

Id. § 7.

Contest. proceed

§ 1941. If the validity of a will be contested, or the ex-ings in case of. ecutor be a minor or absent from the territory, letters of administration shall be granted during the time of such contest, minority, or absence, to some other person, who shall take charge of the property, and administer the same according to law, under the direction of the probate judge, and account for, pay and deliver all the money and property of the estate to the executor or regular administrator when qualified to act.

$ 1942. 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, and that he will make a perfect inventory of, and faithfully administer all the estates of the deceased, and account for and pay all assets which shall come to his possession or knowledge.

Id. § 8.

Administrator to make affidavit.

Id. § 9.

Oath during con

§ 1943. A similar affidavit with variations, as the case may test. require, shall be made by administrators of the goods remaining unadministered, and by the administrators during the time of a contest about a will, or the minority or absence of

an executor.

Id. § 10.

Inventory

re

quired.

Bond of adminis

§ 1944. Every administrator, with the will annexed, and executor at the time letters are granted to him, shall make an affidavit that he will make a perfect inventory of the estate, and faithfully execute the last will of the testator, and render just accounts, and faithfully perform all things required by law touching such executorship or administration. The pro- trator; conditions. bate judge shall take a bond of the person to whom letters testamentary or administration are granted, with two or more sufficient sureties, resident in the county, to the Territory of New Mexico, in such amount as the probate court shall deem sufficient, not less than double the estimated value of the