the probate of a will of real or personal estate, as above mentioned, shall be conclusive as to its due execution.

Sec. 18. All wills duly approved and allowed in any of the United States, or in any other territory, or in any foreign country or state, according to the laws of such state or country, may be allowed, filed, and recorded, in the probate court of any county in which the testator has real or personal estate, on which such will may operate in the manner mentioned in the following sections.

Sec. 19. When a copy of such will, and a probate thereof, duly authenticated, is produced by the executor, or other person interested in such will, to the probate court, such court shall appoint a time and place of hearing, and notice shall be given in the same manner as in the case of an original will presented for probate.

Sec. 20. If, on hearing the case, it appears to the court that the instrument ought to be allowed, in this territory, as the last will and testament of the deceased, the copy shall be filed and recorded, and the will shall have the same force and effect as if it had been originally proved and allowed in the same court.

Sec. 21. When any will is allowed, as mentioned in the preceding section, the probate court shall grant letters testamentary or letters of administration, with the will annexed, and such letters testamentary or of administration shall extend to all the estate of the testator in this territory. Such estate, after paying its just debts and expenses of administration, shall be disposed of according to such will, so far as such will may operate upon it, and the residue shall be disposed of as is provided by law in cases of estate in this territory belonging to persons who are inhabitants of any other state or territory or country.

Sec. 22. When any child is born after the making of (its) parent's will, and no provision is made therein for (it) such child shall have the same share in the estate of the testator as if he had died intestate, and the share of such child shall be assigned to it as provided by law in cases of intestate's estate, unless it is apparent from the will that it was the intention of the testator that no provision should be made for such child.

Sec. 23. When any testator omits to provide for any of his children, or for issue of any deceased child, and it appears that such omission was not intentional, but was made by mistake or accident, such child or the issue of such child shall have the same share in the estate of the testator as if he had died intestate, to be assigned as provided in the preceding section.

Sec. 24. When any share of the estate of a testator is assigned to a child born after the making of a will, or to a child or the issue of a child omitted in the will, as hereinbefore mentioned, the same shall be first taken from the estate not disposed of by the will, if any. If that shall not be sufficient, so much as is necessary shall be taken from all the devisees or legatees, in pro

portion to the value of the estate they may respectively receive, under the will, unless the obvious intention of the testator in relation to some specific devise, or bequest, or other provisions in the will would thereby be defeated, in which case such specific devise, legacy, or apportionment may be adopted in the discretion of the probate court.

Sec. 25. When a devise or legacy is made to any child or other relative of the testator, and the devisee or legatee dies before the testator, leaving issue, who survives the testator, such issue shall take the estate so given by the will in the same manner as the devisee or legatee would have done if he had survived the testator, unless a different disposition is made or directed by the

will.

Sec. 26. All the estate of the testator, real and personal, is liable to be disposed of for the payment of his debts and the expenses of administering his estate, and the probate court may make such reasonable allowance as may be adjudged necessary for the expense of the maintenance of the widow and minor children, or either, constituting the family of the testator, out of his personal estate, or the income of his real estate, during the progress of the settlement of the estate, but never for a longer period than until their shares in the estate are assigned to them.

Sec. 27. When the testator makes provisions by his will, or designates the estate to be apportioned, for the payment of his debts, the expenses of administration (and) of family expenses, they shall be paid according to the provisions of the will, and out of the estate thus appropriated.

Sec. 28. If the provisions made by the will, or the estate appropriated, is not sufficient to pay the debts, expenses of administration, and family expenses, such part of the estate, real and personal, as is not disposed of by the will, if any, shall be appropriated according to the provisions of law, for that purpose.

Sec. 29. The estate, real and personal, given by will to any devisees or legatees, is liable for the payment of the debts, expenses of administration, and family expenses, in proportion to the amount of the several devises or legacies, except that specific devises and legacies, and the persons to whom they are made, may be exempted, if it appears to the court necessary in order to carry into effect the intentions of the testator, and if there is other sufficient estate.

Sec. 30. When the estate given by any will is liable for the payment of debts and expenses, as mentioned in the preceding section, or is liable to be taken to make up the share of a child born after the execution of the will, or of the child, or of the issue of a child, not provided for in the will, as herein before provided, the executor has a right to retain possession of the same until such liability is settled, by order of the probate court, and until the

devises and legacies so liable are accordingly assigned by order of such court; and when the same can properly be done, any de visee or legatee may make his claim to such court to have such liability settled, and his devise or legacy assigned to him.

Sec. 31. All the devisees and legatees who, with the consent of the executor or otherwise, have possession of the estate, given to them by the will, before such liability is settled by the probate court, shall hold the same subject to the several liabilities mentioned in the preceding section, and be held to contribute according to their respective liabilities to the executor, or to any devisee or legatee, from whom the estate devised to him has been taken, for the payment of debts, or expenses, or to make up the share of a child born after the making of the will, or of a child, or the issue of a child, omitted in the will, and the persons who, as heirs, have received the estate not disposed of by the will, as provided in this chapter, are liable to contribute in like manner as the devisees or legatees.

Sec. 32. If any person liable to contribute according to the provisions of the preceding section is insolvent and unable to pay his share, the others shall be severally liable for the loss occasioned by such insolvency, in proportion to, and the extent of, the estate they may have received; and if any person so liable to contribute dies before having paid his share, the claim shall be valid against his estate, in the same manner as if it was his proper debt.

Sec. 33. The probate court may, by decree for that purpose, settle the amount of the several liabilities as provided in the preceding sections, and decree how much, and in what manner, each person shall contribute; and if the persons liable to contribute fail to pay such amounts so decreed, the claimant may have a remedy by action therefor.

Sec. 34. Every will, when proved as provided in this chapter, shall have a certificate of such proof endorsed thereon, or annexed thereto, signed by the judge of the probate, and attested by his seal, and may be read in evidence in all courts in this territory, without further proof.

Sec. 35. An attested copy of every will devising lands, or any interest in lands, and the probate thereof, shall be recorded in the registry of deeds of the county in which the lands lie.

Sec. 36. The word executor, in this and subsequent chapters, shall be construed to include an administrator, with the will annexed.

Sec. 37. This act to take effect from and after its passage.
Approved January 12, 1872.

CHAPTER LXI.

ACTIONS FOR INJURIES TO DECEASED PERSONS.

AN ACT to authorize the representatives of persons deceased to maintain actions for injuries to the deceased in certain cases.

Section 1. Whenever the death of a person shall be caused by (a) wrongful act, neglect, or default, and the act, neglect, or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, then, and in every such case, the person who, or the corporation or company which would have been liable if death had not ensued, shall be liable for an action for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to felony.

Sec. 2. Every such action shall be brought by, and in the name of, the personal representatives of such deceased persons, and the amount recovered in every such action shall be for the exclusive benefit of the widow and next of kin of such deceased person, and shall be distributed to such widow and next of kin in the proportion provided by law in relation to the distribution of personal property left by persons dying intestate; and in every such action the jury may give such damages, not exceeding twenty thousand dollars, as they shall deem a fair and just compensation, with reference to the pecuniary injuries resulting from such death, to the wife and next of kin of such deceased person: Provided, That every such action shall be commenced within three years after the death of such person.

Sec. 3. This act shall take effect, and be in force, from and after its passage.

Approved January 8, 1872.

CHAPTER LXII.

APPORTIONMENT.

(See ante chapter 39.)

AN ACT to amend an act defining the council and representative districts of the territory of Montana, and apportioning the members of the legislative assembly thereof.

Section 1. That section three of "an act defining the council and representative districts of the territory of Montana, and

apportioning the members of the legislative assembly thereof,” approved December 13th, 1867, be and is hereby amended so as to read in that portion apportioning the representative districts, as follows: First representative district Madison County, four members of the house; second representative district, Deer Lodge County, five members of the house; third representative district, Lewis and Clarke County, five members of the house; fourth representative district, Beaver Head County, two members of the house; fifth representative district, Missoula County, two members of the house; sixth representative district, Choteau and Dawson Counties, one member of the house; seventh representative district, Meagher County, two members of the house; eighth representative district, Jefferson County, three members of the house; ninth representative district, Gallatin and Big Horn Counties, two members of the house.

Sec. 2. This act shall take effect and be in force from and after its passage.

Approved January 10th, 1872.

CHAPTER LXIII.

ARSENALS.

AN ACT relating to the arsenals and military stores of Montana Territory.

Section 1. It shall be the duty of any keeper of the arsenal, military stores, ammunition, arms and ordnance belonging to this territory, on the first day of February, A. D eighteen hundred and seventy-two, and on the first of January of each year thereafter, to report to the governor in writing the amount of such military stores and ammunition, and a list and description of such arms and ordinance in his possession and within his knowledge.

Sec. 2. It shall be the duty of keeper to take care of and preserve the same, and deliver the same only upon the written order of the governor.

Sec. 3. Such keeper shall, before entering upon the duties of his office, file with the territorial secretary his official bond, in the sum of one thousand dollars, with two good and sufficient sureties, to be approved by the governor, conditioned for the faithful performance of the duties of his office, and shall also file his oath of office with the secretary; and any such keeper now holding such office, shall within thirty days file such bond and official oath, or his office will be deemed vacant.