bond and oath. SEC. 10. Every executor, before entering upon the dis-Executors' charge of his duties, must give bonds in such penalty and securities as the Judge of the court approves, conditioned for the faithful discharge of his duties, and take and subscribe an oath to the same import, which oath and bond shall be filed in the Probate Court's office. New bonds and increased penalties, and new securities may be required whenever the court shall deem it necessary or expedi ent. Special execu SEC. 11. The court when there is any necessary delay in granting a commission to any executor to act, may, in its discretion, appoint one or more special executors, to collect and preserve the property of the deceased, whotors. shall qualify as above required. All executors shall make out and file an inventory of all the estate and effects, person-Inventory. al and real, belonging to such estate in the Probate Court's office within thirty days from the date of his commission. Upon granting full administration the powers of special executors shall cease, and all the business shall be transferred to the general executor. Court may pre affairs of the SEC. 12. Nothing herein shall be so construed, when the interest of creditors are not prejudiced therby, as toscril e rules for hinder the testator or the court prescribing the manner ofwinding up the winding up the affairs of the estates, or continuing hisestate. business in which the deceased was engaged at the time of his death, in order to wind up his affairs with greater advantage to the interest of the estate. SEC. 13. All personal property of the deceased must Appraisement be appraised by appraisers appointed by the court, and ifof property. any portion of such property be in another county, the same appraisers may serve, or others may be appointed by the court or by a disinterested Justice of the Peace of such county, and a supplemental inventory and appraisement must be made out whenever the existence of other property is discovered. 'Property re benefit of fam SEC. 14. When the deceased leaves a wife or family, no property exempt by law from execution, shall be con-served for the sidered assets, or administered upon, but shall be held ily. for the exclusive benefit of the wife or family, and shall not be liable for any debts against the estate. Property to be delivered to SEC. 15. All persons having any of the property or the executor. effects of a deceased person in their hands wrongfully, are required to deliver them up to the executor of the estate. The executor, with the approbation of the court, may Executor may compound with any debtor of the estate who may be thought unable to pay his whole indebtedness, or in order to avoid doubtful litigation. compound with, debtor. perty. SEC. 16. The court, on application of the executor, Court may dishall, from time to time, direct the sale of such portions rect sale of pro-of personal effects as are of a perishable nature, or which from any cause would otherwise be likely to depreciate in value, and also such portions as are necessary to pay off the debts and charges upon the estate. If the personal effects are found insufficient to satisfy such charges, a sufficient portion of real estate may be ordered to be sold for that purpose. Public or private sale. SEC. 17. Property may be sold either at public or private sale, as shall be most conducive to the interest of said estate, and reasonable and general notice of public sale must always previously be given. SEC. 18. When real estate is sold, conveyance of the Conveyancy ofinterest of the decedent may be made by the executor real estate. under the approval of the court. Sale on credit. SEC. 19. Property may also be sold upon credit, not exceeding twelve months, whenever the court is satisfied that the interest of the estate will be promoted thereby. SEC. 20. As soon as the executors are possessed of Expenses of administratian & sufficient means, over and above the expences of adminother charges. istration, they shall pay off the charges of the last sickness and funeral of the deceased. Payments next to be made. SEC. 21. They shall, in the next place, pay any allowance which may be made by the court for the maintenance of a widow or minor children. Other demands against the estate are next payable; after which, legacies may be paid and distribution made to heirs by decent. A neglect or failure on the part of any creditor to give notice of his reditor to give claim to the executor or the court, and not proving the same within two years from and after the granting of administration upon said estate, shall prove a bar to the fil notice of claims ing of it for ever after, unless the said claim is in litigation, or unless unavoidable circumstances entitle the claimant to equitable relief. creditors. SEC. 22. If there are not likely to be sufficient means Dividend for in all, to pay off the whole of the debts of any one class, the payment of the court shall, from time to time, strike a dividend of the means on hand among the creditors of that class, and the executor shall pay the several amounts accordingly. shares. SEC. 23. The personal estate of the deceased, not ne-Distribution of eessary for the payment of debts nor otherwise disposed of as herein provided, shall be distributed to the same persons and in the same proportions as though it were real estate. The distribution shares shall be paid over as fast as the executor can properly do so. The property itself shall be distributed in kind, whenever that can be done satisfactorily and equitably; in other cases the court may direct the property to be sold, and the proceeds to be distributed. When the circumstances of the family require it, the court in addition to what is herein before set apart for their use, may direct a partial distribution of the money or effects on hand at any time after filing the inventory, he being satisfied that said amount, so distributed, will eventually be coming to said family. cla.m. SEC. 24. The homestead, occupid by the wife, or any Homestead not portion of the family of the deceased at the time of hisiable to any death, shall in all cases be held free to the use of the wife and family of the deceased, and shall not be liable to any elaim or claims against said estate, and if there be other property remaining after the liabilities of the estate are liquidated, then it shall, in the absence of other arrange-Children to ments by will, descend in equal shares to his children orhave equal their heirs; one share to such heirs through the mother ofshares, such children, if she shall survive him, during her natural life, or during her widowhood; or if he has had more than one wife, who either died or survived in lawful wed-Further divilock, it shall be equally divided between the living and the heirs of those who are dead, such heirs taken by right of representation. sion of shares. illegitimate SEC 25. Illegitimate children and their mothers in-Inheritance of herit in like manner from the father, whether acknowl-children and edged by him or not, provided it shall be made to appeartheir mothers, Estates of de to the satisfaction of the court, that he was the father of such illegitimate child or children. SEC. 26. The parents or parent, if only one be living, ceased children may inherit the estate of their children when they shall may fall to pa-die without wife or issue; but in all cases where the deceased leaves a wife, the inheritance shall not pass therefrom, so long as the name of the dead shall be perpetuated rents. vancement to an heir. thereon. SEC. 27. Property given by an intestate by way of adProperty given by way of ad- Vancement to an heir shall be considered part of the estate, so far as regards the division and distribution thereof, and shall be taken by such heir towards his share of the estate at what it would at the time be worth if in the condition in which it was given to him; but if such advancement exceeds the amount to which he would be entitled; he cannot be required to refund any portion thereof. Estate of deceased wife falls to the husband. tracts. SEC 28. The husband shall inherit the estate of a deceased wife in the same manner as the wife the estate of the deceased husband, and the like interest shall in the same manner descend to their respective heirs. Executors to SEC 29. Executors have power to complete the percomplete con- formance of contracts made by the intestate, either to receive or give conveyances to real estates upon the fulfilment of the terms of any contract previously so made. Executors to count to the court once a year. SEC 30. Executors shall at least once a year, and ofrender an ac- tener if required by the court, render his account to the court, showing the condition of the estate, its debts and effects; he must account for all property mentioned; but the appraisement shall be taken only as presumptive evidence of its value, neither shall the executor claim any benefit from the sale of property at a higher price than the appraisement; nor is he chargeable with any loss occasioned without any fault of his own. Discharge of executors. Proceedings previous to this act. SEC. 31. Upon the final settlement by the executor, an order shall be entered, discharging him from further duties and responsibilities. SEC. 32. Nothing herein contained shall be so construed "as to hinder or delay any proceedings or orders, already, made by any court having previous to this act had jurisdiction in the settlement of estates. Approved March 3d, 1852. AN ACT CONCERNING JOINT ENCLNSURES AND sons may make joint enclosures SEC. 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah, That it shall be lawful for any company or number of persons interested in a jointInterested perenclosure to hold a meeting or meetings and elect suchtheir own laws officers, as they may deem proper for the governing and in relation to controlling such enclosure; and at such meeting they shall have power to make their own laws for fencing and governing such enclosure, and for the disposal of the improvements or possessions in such enclosure of any person or persons, to defray any expenses accruing on such improvements or possessions, for fencing or other purposes: Provided, That when the improvements or possessons of any person or persons interested in such farm or enclosure, are so disposed of, and it shall appear to the parties composing such meeting, that the person or persons, whose improvements or possessions are thus disposed of, were not able to do his, her, or their proportion of the fencing or other improvements, for the payment of which such disposal was made, such person or persons shall beimprovements allowed ninety days to redeem his, her, or their improve-been sold. ments or possessions, by paying such expenses accrued and the expense of sale. Redemption of which have SEC. 2. Before such meeting or meetings being held, Notice of meet ten days notice shall be given by posting up three writtening. or printed notices in the vicinity of such joint enclosure, stating the time and place of holding the meeting. SEC. 3. Be it further enacted, That any person or per-Division fence. sons, enclosing a farm or field adjoining a field or farm already enclosed, shall pay to the owner of such fence, one half of the value of the fence so made use of, to be appraised by two or more judicious persons, and such |