ecutor of mort gagee. SEC. 121. When the mortgagee of any lands or Release of letenements shall die, leaving minor heirs, the execu- gal title by extors or administrators of such mortgagee shall be, and they are hereby authorized, on receiving the amount due the estate of such deceased mortgagee, to release to the mortgagor the legal title of the said mortgaged premises, and such deed of release shall be valid. gaged, &c. SEC. 122. Real estate may be mortgaged or leased Real estate by executors or guardians: Provided, Such mortgage may be mortor lease shall not be for a longer term than until the heir entitled to such estate shall attain the age of twenty-one years, if a male, or eighteen years, if a female. court. SEC. 123. Before any mortgage or lease shall be If authorized made as aforesaid, the executors or guardians shall by probate petition the court of probate for an order authorizing such mortgage or lease to be made, and which the court may grant, if the interests of the estate require it: Provided, That the executor or guardian, making application as aforesaid, upon obtaining such order, Executor, &c., shall enter into bond, with good security, faithfully to give bond. to apply the moneys, to be raised upon such mortgage or lease, to the payment of the debts of the testator, or for the benefit of the ward or wards of such guardian: and all moneys, so raised, shall Moneys so be assets in the hands of such executor for the raised to be payment of debts, and shall be subject to the order assets. of the court of probate in the same manner as other assets, or shall be applied to the use of such ward or wards where the same shall be received by a guardian as aforesaid. trators. SEC. 124. Executors and administrators shall be Compensation allowed, as a compensation for their trouble, a sum to executors not exceeding six per centum on the whole amount and adminisof personal estate, and not exceeding three per cent on the money arising from the letting of land, or from the sale of the same, with such additional allowances, for costs and charges in collecting and defending the claims of the estate, and disposing of the same, as shall be reasonable. and securities. SEC. 125. If any executor or administrator shall Actions against fail to comply with the provisions of this act, or shall executors, &c., fail to comply with any or all of the covenants in his bond, an action may be forthwith instituted and maintained upon such bond against the principal, or securities, or both; and the failure aforesaid shall be a sufficient breach to authorize a recovery, in the Appeals al lowed from same manner as though a devastavit had been previously proved against such executor or adminis trator. SEC. 126. Appeals shall be allowed from all judgments, orders, or decrees of the court of probate, to probate courts, the district court, in favor of any person who may consider himself or herself aggrieved by any judg ment, order, or decree of the court of probate as aforesaid, and from the district court to the supreme court, as in other cases. Within 90 ment. SEC. 127. Appeals from the court of probate shall days from ren- be taken within ninety days from the rendition of dition of judg- the judgment or order appealed from, and not thereafter. The party appealing shall make out and tender to the judge of probate, within the time aforesaid, a statement in the nature of a bill of exceptions, setting forth each item, opinion, or decision objected to, and the order, judgment, or decree of the court thereon, and the judge of probate shall sign and seal the same; and he shall thereupon make out a transcript of the records and proceedings relative to the items, opinions, or decrees, so excepted to and appealed from, and transmit the same to the clerk of the district court, who shall docket the same. SEC. 128. When an appeal shall be taken to the bate to suspend district court as aforesaid, the court of probate shall proceedings. suspend all proceedings upon such claim or matter Court of pro firmed. in controversy, until decision shall be had thereon; the district court, in all cases of appeal, shall proceed de novo as to the judgments and orders appealed from, and claims for debts may be tried by a jury If judgment af- as in other cases. Where the judgment of the court of probate shall be affirmed upon such appeal, the clerk of the district court shall certify the same to the court of probate. Where the judgment aforesaid shall be reversed, the district court shall proceed to give such judgment as the court of probate ought to have given, and the same shall be certified to the court of probate, and said court shall enter the same upon its records, and shall proceed therein agreeably to the order or decision of the district. If reversed. Appellant to give bond. court. SEC. 129. The party appealing, as aforesaid, shall, at the time of taking such appeal, file with the judge of probate a bond, with good security, payable to the Territory, conditioned to prosecute his appeal, and to pay all costs should the judgment be affirmed, and said bond may be put in suit for the use of the party entitled to such costs. enforce observances of order &c. SEC. 130. The courts of probate, respectively, shall Power of prohave power to enforce due observance of all orders, bate courts to decisions, judgments, and decrees, which shall at any time be made in the discharge of their official duties, and may issue attachments for any contempt offered such court, or its process, by any executor, administrator, witness, or other person or persons, and may fine and imprison, or either, all such offenders, in the same manner as the district courts may or can do in all similar cases, except in such cases as have been hereinbefore provided for: Provided, That the fine Proviso. inflicted in such cases shall in no instance exceed the sum of fifty dollars, nor shall any such imprisonment be extended beyond the term of twenty days. quired, SEC. 131. For the purpose of enabling the courts Sheriff to atof probate respectively to execute the powers vested tend probate in them by this act, it shall be the duty of the sheriff court when reof each county in which such courts shall be held, when required by the judge of probate, to attend all regular and special sittings of said court, either by himself or deputy, and to keep and preserve good order in the same; and also to serve and execute all writs of attachment, summons, subpoenas, citations, notices, and other process, which may at any time be And serve prolegally issued by such judge of probate, and to make cess. due return thereof. And all such sheriffs shall be en titled to the same fees and compensation as are or Compensation. may be allowed, for the time being, for the performance of similar services in the district courts, to be taxed and allowed by the court of probate against the county, party liable, or delinquent (as near as may be applicable), according to the rules and practice of the district courts respectively. real estate, SEC. 132. And whereas it may be often neccessary Contracts by to enable the representatives of persons deceased to testator, &c., perform the engagements entered into by such de- in relation to ceased persons for the transfer of real estate, There- may be perfore, be it further enacted, That whenever it shall be fected by exerepresented and made to appear to the district court cutor or adminof the proper county, by any person or persons istrator. contracted with, by bond, covenant, or other contract, in writing, that a deceased testator or intestate, in his or her lifetime, entered into such bond, covenant, or contract, to convey some real estate to him, or her, but was prevented by death, and that such person or persons contracted with, as aforesaid, have on his, Service of summons. Plaintiff, &c., dying before her, or their part performed, or stand ready to perform, the condition of such bond, covenant, or contract made with the deceased, the said court may (after due notice to all concerned shall have been given, by personal service of summons, if such persons concerned reside in the county wherein such representation is made, and if such persons concerned shall not reside in such county, then by an advertisement, printed in the nearest newspaper of general circulation, for six weeks successively) grant license to, and empower the executors or administrators of such deceased obligor, covenantor, or contractor, to make and execute such conveyance or conveyances, to such person or persons contracted with as aforesaid, as it shall appear the said obligor, covenantor, or contractor, would by his bond, covenant, or contract, be obliged to make and execute, in case he, she, or they were living at the time of the performance of the conditions of the bond, warrant, or contract, by the contractors on their part making reasonable allowance for any alterations, improvements, or injuries, that may be made or done in the same estate since such contract was made, as the said court may award; which conveyance or conveyances, when duly acknowledged, and recorded in the registry of deeds for the county where such estate shall lie, shall be good and valid, and the moneys or consideration paid for such estate, if not paid to the deceased contractor during his lifetime, shall be assets in the hands of the said executors or administrators, and be apportioned among the representatives of the deceased: Provided, That the summons, in this section mentioned, shall be served upon the persons concerned at least thirty days before the term of the court at which such license or power is granted as aforesaid. SEC. 133. In all actions now or hereafter pending in the supreme court or any of the district courts in judgment, exe this Territory, by appeal, continuance, or otherwise, cutor or admin- if the plaintiff or defendant, appellant or appellee, a party to the complainant or respondent, shall die before final istrator may be suit. judgment, the executor or administrator of such deceased person (in case the cause of action doth in law survive), may, upon motion, and suggesting the death of the deceased, become a party to such suit, and shall have full power to prosecute or defend such suit to final judgment; and if the executor or administrator of such deceased party, after taking upon himself the trust, shall neglect or refuse to become a party to the suit, the court, before whom such cause when this act SEC. 134. In all cases where executors and admin- Administraistrators have been heretofore appointed, and who tions, &c., not shall not have completed their respective administra- completed tions or executorships before this act shall take shall take efeffect, such executors or administrators shall be fect. deemed to be within the provisions of this act, in relation to the revocation of their powers, giving of new or additional bonds, bonds to save securities harmless, and in relation to the payment of debts to creditors, and the remainder of the estate to distributees, and in relation to performance of their duties generally, wherever the provisions of this act shall be deemed applicable: and the courts of probate, in such cases, shall cause the settlements to be made, and the administration completed, according to the rules and regulations herein prescribed, without delay: Provided, That no executor or adminis- Proviso. trator shall be liable for any act done or performed by him, as such, in conformity with the existing laws, or such laws as may be in force at the time this act takes effect. SEC. 135. That after the taking effect of this act, Repealing all acts, and parts of acts, coming within the purview, clause. or conflicting with this act, are hereby repealed. SEC. 136. This act to take effect from and after the first day of May next. APPROVED, January 25, 1839. WORSHIPING CONGREGATIONS. AN ACT to preserve good order in all worshiping congregations in this SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, That any How the misperson who shall, by menace, profane swearing, demeanor, |