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one hundred dollars; where the amount in dispute shallIf amount om exceed that sum, he shall transmit a copy of his proceed-must be refered ings in issuing said writ, to a higher court, who shall try to a higher all such cases, the same as if the writ had been issued from that respective court.
Approved March 3d, 1852.
AN ACT IN RELATION TO WRITS OF EJECT-
Lossor may et
Court to issue
SEC. 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah, That where any land, or lands, house, buildings or any premises have been let, leased,or contracted for a term, and at the expiration of the contract, the lessee refuses to yield up the possession to the lessor, in such case the lessor may enter complaint in, writing of the same, stating in substance the facts of theter complaini case on oath, before any court having jurisdiction; and maintings the court shall issue a writ against the lessee, requiring the lessee to yield up said premises within twelve days writ against from the date of said writ, giving ten days notice fromles seo. service by copy delivered, or left at the place of abode of, the lessee, or at a day to be named in the writ to appear before said court to show cause why the said premises are so retained. And the said court shall, on hearing the case, and allegations of the parties within three days therer after, render a judgment in the case. If it be for the les-Decision of see to yield the possession, he shall be required to do so within five days from the time of the rendering of said judgment, and shall be held for the costs of suit and damages. And should the lessee refuse or neglect to comply with said judgment in yielding possession, the lessor may compel by writ of ejectment the required possessisn forth-ment. with.
Sec. 2. Wherever any person or persons shall be in possession of a house, farm, or parcel of land; and such house, farm, or parcel of land shall be claimed as provi-Occupant may ded for by this act, the party claiming shall be entitled to be dispossessed dis
possess the occupant, and the defendant shall have all the benefit of law as above provided.
Sec. 3. Nothing herein contained shall be so construhome jurisdio, ed as to prevent any Justice of the Peace from having tion in the casejurisdiction, after the proper security shall have been giv
en, to issue ejectment, try the merits and enforce the judgment thereon in a summary manner.
Approved March 3d, 1852.
AN ACT REGULATING TRANSFERS OF POS-
Quit claim to
l'orm of trans
SEG. 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah, That when any conveyance, sale, or transfer shall be made of any legal claim, or
right of possession of any city lot. or surveyed, land or be given in
lands, part or parts thereof, within this Territory, the selwriting; aek- ler, or vendor of the same, shall make and execute to the nowledged by
vendee a full and written quit claim of release of, and to all right of claim and possession to the premises so transferred; and shall acknowledge the same before the county Recorder where the premises are situated. The transfer to be in form as follows, viz: Be it known by these press-sents, that I
the just, true, and rightful claimant, owner, and possessor of lot
in block containing
survey, in sy, do, for and in consideration of the sum of dollars to me in hand paid by
the receipt whereof is hereby acknowledged, sell, release, quit claim, and transfer all my right of claim, interest, and possession of and to the aforesaid premises, to the said heirs or assigns.
Sec. 2. It shall be the duty of the county Recorder to take acknowledgments of all such transfers as shall be presented to him, as is prescribed in this act, and record the same in a suitable book to be kept by him for that purpose, and transmit the same to his successor in office, and shall be entitled to 50 cents for each acknowledgment,
Transfer to be recorded.
and record so made by him ; and one dollar for each transfer that he shall make, to be paid by the vendor or vendee in the case: Provided, That nothing in this act shall be so construed as to prevent the vendor and vendee from making the transfer themselves. But no transfer shall be valid unless it be recorded as is prescribed in the first section of this act.
SEC. 3. The county Recorder shall not record any land to any person on application or by transfer, until a certifi-Certificate of cate of the survey has been produced that such land has survey. been surveyed, and such certificate of survey has been approved and countersigned by one or more of the select men in the county.
SEC. 4. One year shall be allowed to persons having land surveyed, to enclose and fence said land; and on their Lands must be failing to enclose said land within one year, their title towill be nullisaid land shall be nullified; and such land shall be declaredfied. common, and may be surveyed to any person applying for the same.
Approved, March 6, 1852.
ESTATES OF DECE
IN RELATION TO
SEC. 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah, That any person of full Wills. age and sound mind, may dispose, by will, of all his property, except what is sufficient to pay his debts, or what is allowed as homestead or otherwise to wife or family; property subsequently acquired may also be devised.
Sec. 2. Personal property may be bequeathed by ver-Verbal wills. bal will, if witnessed by two competent witnesses; all other wills to be valid must be in writing, witnessed by two written wills. competent witnesses, and signed by the testator, or by some person in his presence and by his express direction.
Sec. 3. Posthumous children unprovided for by thedren.
Interest of posthumous chil
Fathers’ will, shall inherit the same interest as though no will had been made.
SEC. 4. Wills duly sealed up and endorsed may be deposited with the Clerk of the probate court, whose duty it is to file, and safely preserve the same until the death of the testator or testators, unless they themselves sooner de mand them.
Sec. 5. Any person having the custody of a Will, Public reading
shall, at the first stated term of the court, after being informed of the death of the testator, bring the same into court, where it shall be publicly read.
Sec. 6. Wills, when proved and allowed, shall have a Wills to be re-certificate thereof endorsed or annexed thereto; signed
by the clerk, and attested by the seal of the court; all of which shall be recorded in a book to be kept for that purpose,
every will so certified, or record thereof, or a transcript of such record duly authenticated, may be read in evidence in all courts within this Territory, without further proof. Wills must be thus allowed and attested, to be carried into effect.
May be read in evidence.
Sec. 7. Executors are entitled to a copy of the will, and if there is no executor appointed in the will, or if he, or they shall fail to qualify and act, they may be appointed by the court. The court may also, for good cause, remove executors, as also fill vacancies.
ŞEC. 8. If administration of the estate of
any deceasExecutors of ed non-resident, such executor may be appointed executor non-residents. by qualifying himself as required of other executors, un
less another executor has previously been appointed in this Territory
tration shall be granted.
Sec. 9. Where no executor is appointed by will, adHow adminis- ministration shall be granted: First, to the wife of the de
ceased; second to his next of kin; third to his creditors;
whom the court may select, and the court may unite individuals belonging to the same or different classes as executors, whenever it deems such a course expedient. The court must not appoint a person an executor, who is manifestly unsuitable for the discharge of the trust, nor who is a minor.
SEC. 10. Every executor, before entering upon the dis-Executors:
bond and oath. 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 expedient.
Court may pre
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
Special execucollect 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 shaữl cease, and all the business shall be transferred to the general executor.
Sec. 12. Nothing herein shall be so construed, when the interest of creditors are not prejudiced therby, as toscril o rules for hinder the testator or the court prescribing the manner of winding 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.
Sec. 14. When the deceased leaves a wife or family, property reto property exempt by law from execution, shall be con-served for the sidered assets, or administered upon, but shall be heldbenefit of fau. for the exclusive benefit of the wife or family, and shall not be liable for any debts against the estate.