felony, by imprisonment in the territorial prison for a term not less than one year, nor more than five years; and in case of misdemeanor, by imprisonment in the county jail for a term not exceeding six months, nor less than one month, or by fine not exceeding five hundred dollars, or by both such fine and imprisonment. And whenever any fine is imposed for any felony or misdemeanor, whether such be by statute or at common law, the party on whom the fine is imposed shall be committed to the county jail, when not sentenced to the territorial prison, until the fine is paid; and he shall be imprisoned at the rate of one day for each two dollars until such fine is paid. Sec. 186. A sentence of imprisonment in the territorial prison for a term less than life suspends all civil rights of the person so sentenced during the term of imprisonment, and forfeits all public offices and all private trusts, authority, and powers; and the person sentenced to such imprisonment for life shall thereafter be deemed civilly dead. Sec. 187. When the term "person is used in this act to designate the party whose property may be the subject of any offence, such term shall be construed to include the United States, this territory, or any other territory or state government, or county, which may lawfully own any property within this territory, and all public and private corporations, as well as indi viduals. Sec. 188. The provisions of this act shall extend to females. Sec. 189. When any intent to injure, defraud, or cheat is required by law to be shown, in order to constitute any offence, it shall be deemed sufficient if such intent be to injure, defraud, or cheat the United States, this territory, or any other state, territory, or county, or the government, or any public office thereof, or any county, city, or town, or any corporation, body politic, or private individual. Sec. 190. If any person who has been sentenced to confinement in the territorial prison by any court having competent authority within this territory, shall escape therefrom, or shall be charged with murder, or the perpetration of any crime punishable with death, the governor is authorized, upon satisfactory evidence of the guilt of the accused, to offer a reward for his or her apprehension, which reward shall not exceed the sum of one thousand dollars, and shall be paid out of the territorial treasury; and the amount which any governor or acting governor of this territory may offer as a reward for the apprehension of any prisoner, as aforesaid, is hereby appropriated out of the territorial treasury, to be paid out of any money not otherwise appropriated; and it is hereby made the duty of the territorial auditor to issue to the person or persons whom he may determine is entitled to such reward, a warrant on the territorial treasurer therefor. Sec. 191. Every person who shall attempt to commit a public offence, and in such attempt shall do any act toward the commission of such offence, but shall fail in the perpetration thereof, or shall be prevented or intercepted in executing the same, upon conviction thereof, in cases where no provision is made by law for the punishment of such attempt, shall be punished as follows: First. If the offence so attempted to be committed be such as is punishable by death, or by imprisonment in the territorial prison for a term which may extend to life, the person convicted of such attempt shall be punished by imprisonment in the territorial prison not exceeding ten years. Second. If the offence so attempted is a misdemeanor, the person so convicted shall be punished by a fine not exceeding one-half of the largest amount, or by imprisonment in the county jail or territorial prison, as the case may be, for a term not exceeding one-half the longest time prescribed by law, upon a conviction of the offence so attempted. Third. If the offence so attempted is a felony not punishable by death or imprisonment which may extend to life, the person convicted of such offence shall be punished by imprisonment in the territorial prison not exceeding one-half the longest time which may be imposed on conviction of the offence so attempted. Sec. 192. All acts and parts of acts conflicting herewith, as to crimes committed after this act shall go into effect, are hereby repealed. All laws heretofore existing upon the subject of crimes and punishments shall remain in full force and effect as to all crimes committed before this (act) goes into effect. Sec. 193. This act shall go into effect on the first day of August, A. D. 1872. Approved January 12, 1872. GENERAL AND MISCELLANEOUS LAWS. AN ACT in relation to Administrators and Executors. ADMINISTRATORS AND EXECUTORS. CHAPTER I. (See post chapter 60.) ARTICLE I. OF THEIR APPOINTMENT AND REMOVAL FROM OFFICE. Sec. 1. Letters testamentary and of administration—by whom granted. Sec. 2. Duty of probate judge when granted in vacation. Sec. 4. Proceeding intrusted to court; where to be had. Sec. 6. Who entitled to administration next of kin. Sec. 7. When letters may be granted to other persons. Sec. 8. A non-resident of the territory shall not be executor or administrator. Sec. 9. Citation may be issued to persons entitled; failure to appear deemed a renunciation. Sec. 10. Letters to administrators. Sec. 11. Executors shall give bonds. Sec. 12. Shall have two or more good securities. Sec. 13. Validity of the will. Sec. 14. Application of administration to discover on oath the heirs; administrator to take oath. Sec. 15. Administrator de bonis non to take similar oaths. Sec. 18. Condition of bond. Sec. 19. Sec. 21. Bond of executors or administrators, with will annexed. Who shall not be taken as security in bond of executor or administrator. Who to be used as security; testimony may be taken. Sec. 22. Bonds to be recorded; originals filed; taken in vacation; how disposed of. Sec. 23. Probate court to approve or reject bond taken in vacation; duty of clerk in such cases. Sec. 24. If bond be rejected, new bond to be given; failure to give, such letters to be revoked. Sec. 25. Original bond valid until new bond given. Sec. 26. Letters of administration to be recorded before delivery. Sec. 27. Penalty on clerk for failing to record letters before de livery. Sec. 28. Certified copies of letters to be testimony. Sec. 29. Form of letters testamentary. Sec. 30. Form of letters of administration. Sec. 31. All letters to be issued in the above form. Sec. 32. Letters revoked on production of will. Sec. 33. Letters revoked; if will set aside, other letters granted. Sec. 34. Marriage of feme sole. Sec. 35. For what cause, and how letters may be revoked. Sec. 36. Heir, legatee, creditor, or other persons may apply for additional security. Sec. 37. Security in bond may apply to be released on his bond. When another bond may be required. Sec. 38. Sec. 39. New bond to discharge former securities. Sec. 40. Sec. 41. Failure to give new bond deemed a revocation of letters. Court may order further security to be given; failure to comply deemed a revocation of letters. Sec. 42. Resignation of letters-how made. Sec. 43. On resignation, expenses paid by applicant. Letters of one revoked, others to proceed with adminis tration. Sec. 45. Administrator de bonis non-when granted. Sec. 46. If executors or administrators die or resign, letters revoked; how to account. Sec. 47. Who may proceed against the delinquent and his securities. Sec. 48. Securities not to be sued after seven years. Sec. 49. Failure to make settlement; court may revoke letters. Sec. 50. Delinquent to pay for citation or attachment. Section 1. The probate court in each county, or the clerk thereof in vacation, shall grant letters testamentary and of administration, subject to the confirmation or rejection of said probate court in term time. Sec. 2. The clerk thereof shall present to the probate court on the first day of the next succeeding term thereof, all such letters as may have been granted by him in vacation, and shall enter on the records the confirmation of such letters. Sec. 3. Letters testamentary and of administration shall be granted in the county where the mansion-house or place of abode of the deceased is situated. If he or she had no mansion-house or place of abode, and be possessed of lands or real estate, letters shall be granted in the county in which such 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 in the county in which the greater part of his or her estate may be. If he or she died out of this territory, leaving no mansion-house or place of abode or lands in this territory, such letters may be granted in any county. Sec. 4. All orders, settlements, trials, and other proceedings, intrusted by this act to the probate courts, shall be had or made in the county in which letters testamentary or of administration were granted. Sec. 5. No judge of probate in his own county, or the clerk or deputy clerk of such court, and no person under twenty-one years of age, or of unsound mind, or who has been convicted of an infamous crime, or who, upon proof, shall be adjudged by the court incompetent to execute the duties of the trust, by reason of drunkenness, improvidence, or want of understanding, shall be appointed or act as administrator or executor. No married woman shall be executrix or administratrix, nor shall the executor of an executor in consequence thereof be executor of the first testator. Sec. 6. Letters of administration shall be granted in the following order: First. To the husband or wife of the deceased. Second. To the next of kin of the deceased, or to any one selected by such person. Third. To any one or more of the creditors of the deceased, whom the court deems will best manage and settle up the estate. Fourth. To any suitable person who may apply therefor. Sec. 7. If no person apply for such letters within twenty days after the decease, letters may be granted to any person whom the court, or clerk in vacation, may think most suitable, and possessing the necessary qualification to execute said trust. Sec. 8. Letters testamentary and of administration shall in no case be granted to a non-resident of this territory; and whenever an executor or administrator shall become a non-resident, the probate court having jurisdiction of the estate of the testator or |