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CHAPTER CVII.

WARRANTS OF CITIES AND TOWNS.

SECTION
1. Warrant or order to be drawn for only one

amount on one claim.
2. To be drawn if in favor of person to whom due

and no other.

SECTION
3. Warrants payable only to payee, or his legal rep

resentatives.
4. Penalty for violation of this chapter, and how

recovered.

Section 1. In all cases in which any city or town in this State shall be indebted to any person or persons, on any account whatsoever, a warrant or voucher shall be drawn on the treasurer of such city or town, for the whole amount found due to such person, by the tribunal having power to audit and allow claims against such city or town; and such tribunal shall not, in any case, draw more than one warrant or voucher for the amount allowed to one individual at one time.

Sec. 2. No warrant or voucher drawn on the treasurer of any city or town, shall be drawn in favor of any other person than the one to whom the same may be due, and such warrant or voucher may be in the form now prescribed by law.

Sec. 3. No treasurer of any city or town in this State, shall pay any warrant or voucher drawn on him, unless such warrant be presented for payment by the person in whose favor such warrant is drawn, or his assignee, or executor, or administrator.

Sec. 4. Any officer or officers of any town or city, that shall be guilty of violating the provisions of this chapter, shall be deemed guilty of a misdemeanor in office; and for every such violation, shall be fined, in a sum not exceeding five hundred dollars, to be recovered by indictment.

APPROVED : March 3, 1845.

CHAPTER CVIII.

WEIGHTS AND MEASURES,

SECTION
1. One standard of weights and measures; to con.

form to that established by Congress.
2. Heaped measure, what shall be.
3. Other measure, not heaped.
4. Contracts, &c., to conform to this standard.
5. The hundred weight; the ton.
6. Weight of various grains per bushel.
7. Original standards to be procured by State seal-

er; where deposi'ed; when opened. 8. Copies to be made for counties. 9. Devices to be impressed on standards.

SECTION
10. County sealers to compare and seal weights and

measures brought to them.
11. County sealers to compare with State sealer

once in ten years; penalty for neglecting, 12. Fees of county sealer. 13. Penalty for using weights and measures not con

foi ming to the standard herein est:blished. 14. Secretary of State to be State sealer; clerks of

county commissioners' courts to be county sealers.

Section 1. There shall be but one standard of measure of length and surface, one of weight and one measure of capacity, throughout this state, which shall be in conformity with the standard of measure, length, surface and weight established by Congress.

Sec. 2. All commodities sold by heaped measure, shall be duly heaped up in the form of a cone, the outside of the measure, by which the same shall be measured to the extremity of the base of such cone, and such cone to be as high as the articles to be measured will admit.

Sec. 3. The measures used for measuring dry commodities not heaped, shall be stricken with a straight stick or roller, and of the same diameter from end to end.

Sec. 4. Contracts hereafter to be executed, made within this State, for any work to be done, or for any thing to be sold, delivered, done or agreed for by weight or measure, shall be taken and construed to be made according to the standard weight and measure thus ascertained.

Sec. 5. The hundred weight shall consist of one hundred pounds, and twenty such hundreds shall constitute a ton.

Sec. 6. Whenever wheat, rye, Indian corn, barley, buckwheat or oats shall be sold by the bushel, and no special agreement as to the weight or measurement shall be made by the parties, the bushel shall consist of sixty pounds for wheat, of fiftyfour pounds of rye, of fifty-two pounds of Indian corn, of forty-four pounds of barley, of forty pounds of buckwheat, and thirty-two pounds of oats.

Sec. 7. The following original standards, made in conformity to the provisions of this chapter, to-wit: A yard, a pound, a liquid gallon, and a half bushel, shall be procured by the State sealer of weights and measures, and deposited in a chest in his office, which shall only be opened for the sole purpose of comparing such standards with the copies hereinafter described, unless by a joint resolution of the two houses of the legislature, or on the call of either house for information, or by the order of the Governɔr for scientific purposes.

Sec. 8. Copies of the said original standards, to be made of such materials as the State sealer shall direct, shall be deposited by him in the offices of the county

sealers of the respective counties of this State, at the expense of said counties, who shall severally be responsible for the preservation of the copies respectively delivered to them.

Sec. 9. The State sealer shall cause to be impressed on each of the copies of such original standards, the letter “I” and such other additional device as he shall direct, for the particular county; which device shall be recorded in the State scaler's office, and a copy thereof delivered to the respective county sealers.

Sec. 10. The several county sealers shall compare all weights and measures which shall be brought to them for that purpose, with the above mentioned copies of such standards in their possession; and when the same are found or made io conform to the legal standards, the officer comparing them shall seal and mark such weights and measures.

Sec. 11. It shall be the duty of the county sealers of weights and measures, to compare the copies in their possession once in every ten years, with those existing in the office of the State sealer; and every county sealer who neglects to have the copies in their possession compared as aforesaid, shall pay into the county treasury fisty dollars for county purposes: whenever any county sealer fails for one month to pay the aforesaid penalty, it shall be the duty of the county commissioners' court, to commence suit therefor in their own name, before any justice of the peace of the county, and when collected, the same shall be paid into the county treasury for the uses aforesaid.

Sec. 12. Each county sealer shall be entitled to receive for his services, at and after the following rates: For sealing and marking every beam, six and a quarter cents; for sealing and marking measures of extension, at the rate of six and a quarter cents per yard; not to exceed twenty-five cents for any one measure; for sealing and marking every weight, two cents; for sealing and marking liquid and dry measures, if the same be of the capacity of a gallon or more, six and a quarter cents; of less than a gallon, two cents: they shall also be entitled to a reasonable compensation for making such weights and measures conform to the standard established by this chapter.

Sec. 13. If any person or persons shall hereafter use any weights, measures or beams, in weighing or measuring, which shall not be conformable to the standards of this State, established by this chapter, whereby any purchaser of any commodity or article of trade or traffic shall be injured or defrauded, such purchaser may maintain an action on the case against the oflender; and if judgment shall be rendered for the plaintiff, he shall recover five times the damages with costs of suit.

Sec. 14. The secretary of State shall be, ex officio, State sealer of weights and measures, and the clerks of the county commissioners' court shall be county sealers of weights and measures for their several counties.

ArPROVED: March 3, 1845.

CHAPTER CIX.

WILLS.

SECTION 1. Who capable of making will, devising estate,

real and personal. 3. Wills, testaments and codicils to be in writing;

how signed; how witnessed; how proved before probate court; fraud, compulsion, &c., when to invalidate will; when satisfactorily

proved, will to be recorded; its effect. 3. Duty of witnesses to appear before court of pro

bate and prove will; punishment for refusal. 1. How testimony of non-resident witnesses ta

ken. 3. If probate justice be a witness, will may be

proved before circuit court; clerk of court to certify will to probate court; effect of will

thus proved. 6. When will is presented, to be proved and let

ters testamentary granted without delay; will may be contested within five years; proceed

ings in such cases. 7. When subscribing witness be dead, how will

may be proved. 8. Wills proved and properly authenticated out of

this State, to be recorded and of force in this

State. 9. Nuncupative will, how proved; to be commit.

ted to writing; its effect; fraud and compulsion may invalidate will; to be recorded; letters testamentary not to be granted until af

ter sixty days. 10. In case of nuncupative will, heirs, &c., to be

notified to appear and make objection; if none

be made, letters to be granted. 11. If devisce be subscribing witness, will to be

void as to him, unless otherwise proved;

rights of such witness, how preserved. 12. Debtor not discharged from liability by being

chosen executor. 13. Children born subsequent to execution of will,

how provided for. 14. Estate, how disposed of, if devisee die, and the

will contain no provision for such contingen

су. . 15. How will may be revoked or cancelled. 16. Wills to be recorded; authenticated copies to be

evidence. 17. In what county will shall be proved. 18. Person having will, to deliver same to court of

probate on death of testator; how compelled to do so, or punished for refusing; destroying

or secreting will, punished as larceny. 19. Executors, when entitled to letters testamentary;

on their failure to act, letters of administration

to be granted. 20. Duty of executors; on appointment to have

will recorded; may refuse to act; penalty for neglect to act, without just excuse; penalty,

how recovered. 21. If executor refuse to administer, who shall be

appointed administrator. 22. Executor of executor not to be executor of first

testator.

SECTION 23. Person aged seventeen years may be executor,

but must have guardian until of age. 24. Power of executor over estate, before probate

of the will; his liability in such case. 25. One of two executors dying, the other to act. 26. Oath to be taken by executor or administrator;

form of, by whom administered. 27. Bond to be given by executors; form of; exe

cution of. 28. When bond may be dispensed with; when re

quired. 29. If person appointed executor be under proper

age, or be otherwise incompetent to act, administrator to be appointed; when husband may act for wise; fact of incompetency, how

tried. 30. When, by division of county, administrator is

thrown into new county, how to proceed. 31. Letters of administration, obtained by fraud,

may be revoked. 32. Probate court to try issue if fraud in such case. 33. On such revocation, letters to be granted anew. 34. On resignation of administrator, another to be

appointed; resignation not to affect release. 35. In case of contest or delay, in procuring probate

of will, court may appoint administrator for the time during which such contest or delay

exists. 36. Form of letters granted to such person. 37. Form of bond to be given. 38. Form of oath to be taken. 39. Duty of person so appointed; his compensation. 40. Power to collect debts, &c. ; suits brought, &c. 41. On appointment of administrator, person apo

pointed pro tem., to deliver assets to such ad. ministrator; penalty for refusal; how sued for

and recovered, 42. Estate not bequeathed, how distributed. 43, Creditor may, in certain cases attest will. 44. If, by renunciation of benefits of will by the

widow, legacies be diminished, how loss ap

portioned. 45. If widow commit waste, how liable; second

husband liable therefor. 46. What deemed intestate estate; how such estate

disposed of; rights of heirs; rights of wid.

ow; of collaterals, &c. 47. Estate of wife, when one-half to go to husband. 48. Separate property to be retained by widow, free

from debts; how set apart to her. 49. Widow may relinquish specific articles and take

others, or money in lieu of them. 50. Right of widow to separate property not affec

ted by her renouncing, or failing to renounce

benefits of will. 51. Persons, having received advancement out of

estate, may return the same and receive same

benetits of will, as other distributees. 52. Intermarriage of parents to legitimate children;

and entitle them to share in estate. 63. Legitimate children to inherit estate of mother.

SECTION 64. Posthumous children to share in estate of pa

rent. 65. Husband to administer upon estate of wise;

wite upon estate of husband; when next of kin, creditors, indifferent person or public administrator; proof of death of intestate to be

made. 56. Public administrators, how appointed. 57. When adininistration to be granted to the pub

lic administrator. 58. Further powers and duties of public administra

tor. 69. Oath of public administrator. 60. Bond required of public administrator; on neg

lect, his office vacated. 61. Is, after letters are granted to public adminis

trator, other persons be found entitled thereto, first letters to be revoked and new granted; when application therefor to be made; com.

pensation of public administrator. 62. Balance remaining in the hands of public admin

istrator after payinent of debts, how disposed

of. 63. Public administrator may, in first instance, pro

tect property of intestate, until letters to pro

per person can be perfected. 64. Wnen person, other than kin or creditors apply

for letters, how to proceed. 65. Form of letters to executors. 66. Form of letters to administrators. 67. Oath of administrators, form of. 68. Bond, form of; how to be executed. 69. Bonds, how prosecuted ; effect of recovery;

costs in suits thereon; certitied copies of bonds

to be evidence. 70. Administrator of executor or administrator, his

rights and duties. 71. Letters of administration to be revoked, if will

be produced, 72. If such will be afterwards set aside, letters de

bonis non granted. 73. If persons having received letters become in

competent, letters to be revoked, and others

granted; such revocation to be recorded. 74. Executor or administrator residing or removing

out of State, or neglecting to render accounts,

&c., to be removed, and others appointed. 75. If the office of one of several executors or ad.

ministrators become vacant, may be filled, &c.; if office of all is vacated, how filled; liability of one whose letters are revoked; actions

may be maintained by successor. 76. Construction of words and phrases. 77. False pleading not to make administrator or ex

ecutor liable beyond value of assets. 78. Court of probate may demand additional secu

rity; on refusal, may revoke letters; effect

thereof. 79. Securities apprehensive of loss, by acts of prin

cipal, how relieved. 80. Condition of new bond. 81. Inventory to be made and filed in probate court;

what facts it shall contain, 82. Warrant of appraisement to be granted; form

thereof; fee of probate justice therefor; va

cancy, how filled. 83. Oath of appraisers; their duties. 84. Appraisement bill to be certified, and filed in of

tice of probate justice. 85. Inventories, bills of appraisement, and copies

thereof to be prima facie evidence. 86. New assets found, to be inventoried, appraised,

and return thereof made. 87. Appraisers' fees. 89. If estate be found solvent, widow may elect

her share of estate; duty of executor or administrator to set apart to her, her share; pen

SECTION

alty for neglect or refusal to do so ; how sued

for and recovered. 89. Inventories, &c., to be successively made; what

facts to be reported to probate court from time

to time. 90. Persons having effects belonging to estate, and

concealing the same, how compelled to account

for and surrender the same. 91. Books of deceased person subject to inspection. 92. Executors and administrators chargeable with

estate received. 93. Sales of real estate, when directed in will, how

made, and when valid. 94. Property of deceased not to be removed out of

this state ; if done, letters to be revoked, and suit brought on bond; verdict of jury; meas

ure of damages. 95. Time to be tixed for adjusting accounts; notice

to be given to creditors; how given; creditors not presenting clains, their rights; costs, when estates answerable for; execution to

be stayed one year. 96. Sale of assets ; notice thereof; terms of sale;

when estate not to be sold, but distributed in

kind. 97. Crops may be disposed of; when to be sold,

&c.; avails thereof to be assets. 93. Clerk and crier at sale; their compensation;

hours of sale; when sale void. 99. Sale bill to be returned to probate court, after

sale of effects; to be certitied by clerk and

crier. 100. Claims not due, may be presented and allowed,

after deducting rebate of interest. 101. Suit not to be brought against executor until the

expiration of one year; exception; costs,

when not to be recovered. 102. Suit not to be brought after one year subse

quent to final settlement of accounts. 103. When personal estate is found insufficient to

pay debts; executor or administrator may pa tition circuit court, for leave to sell real estate; notice of such petition to be given

what statements to be filed with petition. 104. Court to hear petition and examine proof, &C.,

of parties interested; may, if proper, order sale of real estate; property divided and sold, in

what manner; overplus, how disposed of. 105. Who shall make sale and execute conveyance;

what conveyance shall set forth; its effect. 106. Sale to be at public vendue; hour of sale; place

of sale; notice of sale, how given; penalty for selling contrary to law; sale to be valid not withstanding informality; credit may be given ;

security to be taken. 107. Guardian ad litem to be appointed for infant

heirs or devisees. 108. Real estate not to be sold until personal estate

is applied in payment of debts. 109. Appeals allowed; when to be taken. 110. Assets, arising from the sale of real estate to be

applied in payment of debts. 111. Certificates of United States' lands, bought, but

not paid for, may be sold; avails, how applied. 112. When such lands may be patented. 113. General provisions as to United States' lands

patented, but not paid for. 114. When estate is insolvent, entry thereof to be

made; suits afterwards brought against estate, to be at cost of creditor suing; when real estate is required to be sold, suit not to be bronght, until avails are received; probate court may coerce application to circuit court

for sale of real estate. 115. Classification of demands against estate ; to be

paid in their order; debts not exhibited in two years, barred, except other assets be found

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