tice.

SEC. 155. Any person may exhibit his demand against service of nosuch estate, by serving upon the executor or administrator a notice, in writing, stating the nature and amount of his claim, with a copy of the instrument of writing or account upon which the claim is founded, and such claim shall be considered legally exhibited from the time of serving such notice.

six months.

SEC. 156. Every executor or administrator shall keep Returns every a list of all demands thus exhibited, classing them and make return thereof to the probate court every six months, at the term at which he is to make settlement.

SEC. 157. Any person having a demand against an estate, may establish the same by the judgment or decree of some court of record, in the ordinary course of proceeding, and exhibit a copy of such judgment or decree to the probate

court.

Demand, bow established.

SEC. 158. The probate court shall have jurisdiction to Jurisdiction. hear and determine all demands against any estate, and a concise entry of the order of allowance shall be made on the record of the court, which shall have the force and effect of a judgment.

SEC. 159. No probate court shall allow any demand against any estate, when the estate is indebted to any claimant, after allowing all just credits and off-sets, unless the claimant first make oath in open court, or file an affidavit with such claim, stating to the best of his knowledge and belief, he has given credits to the estate for all payments and off-sets to which it is entitled, and that the balance claimed is justly due.

SEC. 180. No probate court shall allow any demand against any estate when the claimant is indebted to said estate, after allowing all just credits and off-sets, unless the claimant first make oath in open court, or file an affidavit with such claim, stating to the best of his knowledge and belief, he has given credits to the estate for all payments and off-sets to which it is entitled, and that his account or demand as presented, is correctly stated; and the affidavit in this

Demands not

allowed.

Ditto.

Affidavit.

by agent.

any

section and the preceding one shall not be received as an evidence of the demand, but the same shall be established by competent legal testimony, before it is allowed or adjusted. Amdavit made SEC. 161. The affidavit or oath required by the two preceding sections may be made by an agent of the claimant, when such agent has had the management and transaction of the business out of which such demand originated, or when such agent has had the means of knowing personally, the facts required to be sworn to by those sections.

Written notice

Service of notice.

Waiver of notice.

Probate court

to determine sumimarily.

Depositions.

No jury.

Jury, when moned.

or

SEC. 162. Any person desiring to establish a demand against any estate, shall deliver to the executor administrator, a written notice, containing a copy of the instrument of writing or account on which it is founded, and stating that he will present the same for allowance at the next term of the probate court.

SEC. 163. Such notice shall be served on the executor or administrator ten days before the beginning of such term of the court, and may be served by the party, his agent or attorney, or by any competent witness, who shall make affidavit to such service.

SEC. 164. The executor or administrator may appear in court and waive the service of any such notice.

SEC. 165. The probate court shall hear and determine all demands in a summary manner, without the form of pleading, and shall take the evidence of competent witnesses, or other legal evidence.

SEC. 166. Any person may take depositions in support of his demand, at his own expense, if he first procure the written consent of the executor or administrator, and such depositions may be taken in the ordinary manner, at such time and place as may be agreed upon, and read in evidence in support of such demand.

SEC. 167. If the demands do not exceed twenty dollars, or if neither party require a jury, the court may decide on the validity of such demand.

SEC. 168. If the demand exceed twenty dollars, and either party require a jury, one shall be immediately

summoned, and the trial shall be conducted in a summary manner, without the form of pleading; and when the demand is not due at the time of trial, the court or jury may adjust the same by rebating therefrom equal to the legal rate of interest on similar paper per annum from the time of trial until due.

SEC. 169. Any executor or administrator may establish a demand against his testator or intestate, by proceeding against his co-executor or co-administrator, in the manner prescribed for other persons; but if there be no co-executor or co-administrator, he shall file his claim and other papers, and the court shall appoint some suitable person to appear and manage the defence on the part of the estate.

SEC. 170. When a demand shall be presented to the probate court for allowance, if the demand be allowed, the estate shall pay the costs; if disallowed, the party presenting the claim shall pay the costs.

SEC. 171. The judge of the probate court shall keep an abstract of all judgments of other courts filed, and of all demands established in the probate court against such estate, which shall show their amount, date, class, and to whom payable.

SEC. 172. If any judgment of a court of record be filed in the probate court, and when demands are allowed against any estate in the probate court, such court shall determine its class, and shall make an entry thereof in his abstract, and when thus classed, the executor or administrator may satisfy such demand according to such classification.

SEC. 173. When any such demand has been allowed, the judge shall indorse, on the back thereof, the amount allowed thereon, and the class to which it belongs, and deliver the same to the demandant.

Demand by executor against

estate.

what order paid.

SEC. 174. All demands against any estate shall be paid Demands, in by the executor or administrator, as far as he has assets, in the order in which they are classed, and no demand of one class shall be paid until all previous classes be satisfied; and if there be not sufficient to pay the whole of any one

Suit within six

months.

Absence.

class, such demands shall be paid in proportion to their

amounts.

SEC. 175. If any person commence a suit of any kind, in any court, against an estate, within six months from the date of administration, he may recover judgment, but shall pay all costs.

SEC. 176. If any executor or administrator shall temporarily absent himself from this territory, he shall appoint an agent, in writing, for whose acts such executor or administrator and his sureties shall be responsible (and) file such appointment in the office of the court having jurisdiction of his testator's or intestate's estate) to whom notice of demands against his testator's or intestate's estate, as provided in this title, may be given; and upon failure to appoint such agent, such notice may be filed in the office of the court having jurisdiction of the estate.

Notice given to SEC. 177. Notice given to such agent, or filed, as

agent.

Demand improperly allowed

Judge of pro

bate to keep record.

aforesaid, among the papers relating to the estate against which the demand is claimed, shall be as effectual as if it had been given to the executor or administrator.

SEC. 178. If the executor or administrator shall within four months after any demand shall have been allowed, upon notice given as prescribed in the two preceding sections, file in the office of the court having jurisdiction of the estate, the affidavit of himself or some other credible person, stating that the affiant has good reason to believe, and does believe, that such demand has been improperly allowed, the court shall vacate such order of allowance, and try the matter anew, and allow or reject such demand, as shall be right; and if upon such new hearing, such demand shall be allowed, it shall be classed and paid as if such new hearing had not been granted.

Of the Settlement of their Accounts.

SEC. 179. The judge of each probate court shall provide well bound books, and enter therein the accounts and settlements of all executors and administrators made in

the court, in such manner as to form a complete record of all such accounts settled in that court.

vouchers.

SEC. 180. Every executor and administrator shall Statements and exhibit a statement of the accounts of his administration for settlement, with proper vouchers, to the probate court. at its first term after the end of six months from the date of his letters, and at the corresponding term of such court every six months thereafter, until the administration be completed.

SEC. 181. The judge of the probate court shall keep a docket, and enter therein a list of all executors and administrators who have not made final settlement of their accounts, the date of their letters, and the term at which they are required to make settlement.

Docket.

SEC. 182. The judge shall put up in some conspicuous List. place in his office, ten days before each term, a list of the executors and administrators, whose settlements are required to be made at that term.

SEC. 183. If any executor or administrator fail to present such settlement, the judge shall immediately issue a citation, to any county in the territory, requiring him to present his accounts for settlement at the next term of the probate court, and show cause why an attachment should not issue against him for not exhibiting his accounts at the term at which he was required to settle.

Failure to present settlement.

Citation.

SEC. 184. If such citation be not served, the judge Alias citation. shall issue an alias citation, which may be served, or may be published in some newspaper in this territory, one month before the return thereof.

Fine for failure

SEC. 185. If, after such service or publication, no cause to the contrary be shown, such executor or administrator to settle. may be fined by the probate court, not exceeding one hundred dollars, to the use of the county, and such executor or administrator shall be liable upon his bond for failing to settle.

SEC. 186. The probate court may revoke the letters of such delinquent, and may issue attachment and other process to compel such settlement, directed to any county in the

Attachment to

issue.