by the county inspector, and if the same are found to be correct, to be sealed with the name or initial letters of the county inscribed thereon, or condemed by him if found incorrect.

Sec. 6. That on the first regular meeting of the board of county commissioners in each county in this territory after the passage of this act, and thereafter annually on the first regular monthly meeting of every year, said county commissioners shall appoint a fit and proper person, who shall be styled "inspector of weights and measures," and give bond to the county for the faithful performance of the duties of his office, as said county commissioners may direct.

Sec. 7. That every board of county commissioners shall make out a list of fees to be charged by said inspector. Such fees shall be recoverable as other debts of like amount.

Sec. 8. That it shall be the duty of such inspector to provide, at his own expense, all the necessary tools, marks, and brands which he may require, and by reason thereof he shall receive no larger fee than he may be allowed in accordance with the preceding. Said fees shall be paid by the parties having weights and measures sealed and approved.

All persons who shall, after the expiration of the time before mentioned, in any county where such inspector shall have been appointed, use within this territory, for the purpose of weighing or measuring any goods, wares, merchandise, gold dust, or other article of traffic actually sold by him, any weights or measures which shall not be approved and sealed by the inspector, shall be guilty of a misdemeanor, and, upon conviction thereof, may be imprisoned not exceeding one year, or fined not exceeding one thousand dollars, in the discretion of the court in which the conviction shall be obtained.

Sec. 10. Whenever it shall come to the knowledge of the inspector that any person or persons within his county have violated any of the provisions of this act, it shall be his duty to enter a complaint against him or them before some court of competent jurisdiction, to the end that the offender may be punished and fined according to law.

Sec. 11. All fines imposed and collected for violation of the provisions of this act shall be paid into the county treasury for the use of the people of the county in which the offence has been committed.

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CHAPTER LIX.

REPEALING CLAUSES.

Section 1. All acts or statutes and parts of acts or statutes, revised and re-enacted herein, and all acts or statutes or parts of acts or statutes in conflict with, or repugnant to the provisions of this act, are hereby repealed.

Sec. 2. The repeal of the acts and parts of acts, revised and re-enacted herein or repugnant to the provisions of this act, shall not revive any law heretofore repealed or superseded, nor any office heretofore abolished.

Sec. 3. The provisions of this act, so far as they are the same as those of existing laws, shall be construed as a continuation of such laws and not as new enactments; and references in laws not repealed to provisions of laws incorporated into this act and repealed, shall be construed as applying to the same provisions as incorporated in this act.

Approved January 12, 1872.

CHAPTER LX.

WILLS.

(See ante chapter 1.)

AN ACT concerning last wills and testaments.

Sec. 1. Who may devise lands.

Sec. 2. Construction of devise.

Sec. 3. Lands acquired after; pass how.

Sec. 4. Who may bequeath personal estate.

Sec. 5. Wills-how executed.

Sec. 6. Nuncupative wills; valid, when.

Sec. 7. Legacies to subscribing witnesses; void, when.

Sec. 8. Share of estate saved to witness; when.

Sec. 9. Wills-how revoked.

Sec. 10. Custodian of will to deliver to whom.

Sec. 11. Executor to present will for probate.

Sec. 12. Violation of two preceding sections-penalties for.
Sec. 13. Custodian of will refusing to deliver it may be im-

prisoned.

Sec. 14. Notice of probate of will.
Sec. 15. Probate granted—when.

Sec. 16. When other than subscribing witnesses admitted to

prove will.

Sec. 17. Will not effectual unless probated; probate of will conclusive.

Sec. 18. Foreign will-how admitted.
Sec. 19. Notice of hearing to be given.

Sec. 20.

If allowed, copy of will to be given.

Sec. 21. Letters testamentary granted-how and when.
Sec. 22. Share of child born after making of will.

Sec. 23. Omitted by accident child shall have share-when.

Sec. 24. Provision taken from what estate.

Sec. 25. Issue of deceased legatee takes estate when.

Sec. 26. Estate of testator liable for debts.

Sec. 27. Provisions of will to be followed.

Sec. 28.

Sec. 29.

When provision is not sufficient, estate not devised shall be restored to, &c.

Estate devised liable for debts.

Sec. 30. Estates liable for debts may be retained by executor.
Sec. 31. When devisee or legatee shall hold subject to liability to

contribute.

Sec. 32. Insolvency of person liable to contribute, who are liable for loss.

Sec. 33. Amount of liabilities to be settled by decree.

Sec. 34. Wills proven to have certificate, how made'evidence.
Sec. 35. Attested copy to be recorded in registry of deeds.
Sec. 36. Term executor defined.

Section 1. Every person of full age and sound mind, being seized in his own right of any lands, or entitled to any interest therein, discernable to his heirs, may devise and dispose of the same by his last will and testament in writing, and all such estate not disposed of by will shall descend as the estate of an intestate, being chargeable in both cases with the payment of all debts; and any married woman may devise and dispose of any real or personal property held by her, or to which she is entitled in her own right, by last will and testament in writing; and may alter or revoke the same in like manner as if she was unmarried: Provided, That no such will made in favor of any church or elemosynary institution shall be of any validity without the consent of the husband of such married woman in writing, annexed to such will and attested and subscribed, and to be proven and recorded in like manner as a last will and testament is required to be witnessed, proven, and recorded.

Sec. 2. Every devise of land, in any will hereafter made, shall be construed to convey all the estate of the deviser therein, which he could lawfully devise, unless it clearly appeared by the will that the deviser intended to convey a less estate.

Sec. 3. Any estate, right or interest in lands acquired by the testator, after making his will, shall pass thereby in like manner as if possessed at the time of making the will, if such manifestly appears by the will to have been the intention of the testator.

Sec. 4. Every person of full age and sound mind may, by his last will and testament in writing, bequeath and dispose of all his personal estate remaining at his decease, and all his right thereto and interest therein, and all such estate not disposed of by the will shall be administered as intestate estate.

Sec. 5. No will, except such nuncupative wills as are hereinafter mentioned, shall be effectual to pass any estate, real or personal, or to change, or in any way to effect the same, unless it is in writing, and signed at the end thereof by the testator, or by some person in his presence, and by his express direction, and attested and subscribed in his presence by two or more competent witnesses; and if the witnesses are competent at the time of attesting the execution of the will, their subsequent incompetency from whatever cause it arises, shall not prevent the probate and allowance of the will, if it is otherwise satisfactorily proven.

Sec. 6. No nuncupative or unwritten wills, bequeathing personal estate, shall be valid, unless made by a soldier while in actual military service, or by a mariner while at sea.

Sec. 7. All beneficial devisees, legacies, and gifts, made or given in any will to a subscribing witness thereto, shall be wholly void, unless there are two other competent subscribing witnesses to the same, but a mere change in the lands of the devisor for the payment of debt shall not prevent his creditors from being competent witnesses to his will.

Sec. 8. But if any witness to whom a beneficial devise is made or given, would be entitled to any share of the estate of the testator in case the will is not established, then so much of the share that would have descended, or been distributed to such witness, as will not exceed the devise or bequeath made to him in the will, shall be saved to him, and he shall recover the same of the devisees or legatees named in the will, in proportion to, and out of the parts devised or bequeathed to them.

Sec. 9. No will, or any part thereof, shall be revoked, unless by burning, tearing, cancelling, or obliterating the same, with the intention of revoking it by the testator, or by some person in his presence and by his direction, or by some will, codicil, or other writing, signed, attested, and subscribed, in the manner provided for the execution of a will; but nothing contained in this section shall prevent the revocation implied by law from subsequent changes in the (act) or circumstances of the testator.

Sec. 10. Every person having the custody of any will, shall, within thirty days after he has knowledge of the death of the

testator, deliver the same into the probate court which has jurisdiction of the case, or the person named in the will as executor.

Sec. 11. Every person named as executor in any will shall, within thirty days after the death of the testator, or within thirty days after he has knowledge that he is named executor, if he obtains such knowledge after the death of the testator, present such will to the probate court, which has jurisdiction of the case, unless the will has been otherwise delivered to the judge of probate, and shall, within the period above mentioned, signify to the court his acceptance of the trust, or make known in writing to the court his refusal to accept it.

Sec. 12. Every person who neglects to perform any of the duties required in the two preceding sections, without reasonable cause, shall be guilty of a misdemeanor, and be liable to any party aggrieved for the damages sustained by such neglect.

Sec. 13. If any person having the custody of a will, after the death of a testator, without reasonable cause, neglect to deliver the same to the probate court having jurisdiction of it, after being duly notified by such court for that purpose, he may be committed to the jail of the county, by warrant issued by such court, and there be kept in close confinement until he delivers the will as above directed.

Sec. 14. When any will is delivered to any probate court having jurisdiction of the same, such court shall appoint a time and place for proving it, when all concerned may appear and contest the probate of the will, and shall cause public notice thereof to be given by personal service on all persons interested, or by publication under an order of such court, in such newspaper printed in this territory as the judge shall direct, three weeks successively, previous to the time appointed, and no will shall be proven until notice is given as herein provided.

Sec. 15. If no person appear to contest the probate of the will at the time appointed for that purpose, the court may, in its discretion, grant probate thereof, on the testimony of one of the subscribing witnesses only, if such witness testifies that such will was executed in all the particulars as required in this chapter, and that the testator was of sound mind at the time of the execution thereof.

Sec. 16. If none of the subscribing witnesses reside in this territory, at the time appointed for proving the will, the court may, in its discretion, admit the testimony of other witnesses to prove the sanity of the testator, and the execution of the will, and, as evidence of the execution of the will, may admit proof of the handwriting of the testator, and of the subscribing witnesses.

Sec. 17. No will shall be effectual to pass real or personal estate unless it is duly proved and allowed in the probate court, as provided in this chapter, or on appeal in the district court, and