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also requre satisfactory vouchers or proofs to be produced in support of the claim.

The amount of interest shall be computed and included in the statement of the claim, and the rate of interest determined; provided, that no claim which shall have been due and payable thirty days prior to the death of the deceased shall bear greater interest than ten per cent. per annum from and after the time of issuing letters.

When a claim, accompanied by the affidavit required, has been presented to the executor or administrator he shall indorse thereon his allowance or rejection, with the day and date thereof. If he allow the claim, it shall be presented to the Judge for his approval, who shall in the same manner indorse upon it his allowance or rejection,

If the executor or administrator, or the Judge, refuse or neglect to indorse such allowance or rejection for ten days after the claim shall have been presented to him, such refusal or neglect shall be deemed a rejection; if allowed and approved, it must be filed in the Probate Court within thirty days.

If the claim be founded on a bond, bill, note, or other instrument, the original instrument shall be presented, and the allowance and approval, or rejection, shall be indorsed thereon or attached thereto.

If the claim, or any part thereof, be secured by a mortgage or other lien, such mortgage or evidence of lien shall be attached to the claim and filed therewith, unless the same be recorded in the office of the Recorder of the county in which the land lies; in which case it shall be sufficient to describe the mortgage or lien, and refer to the date, volume and page of its record.

In all cases the claimant may withdraw his claim from file on leaving a certified copy, with a receipt indorsed thereon, by himself or his agent. If the original instrument be lost or destroyed, then, in lieu thereof, the claimant shall be required to file his affidavit particularly describing such instrument, and stating the loss or destruction thereof.

When a claim is rejected, either by the executor or administrator, or Probate Judge, the holder shall bring suit in the proper Court against the executor or administrator, within three months after the

date of its rejection, if it be then due, or within three months after it becomes due, otherwise the claim shall be forever barred.

No claim shall be allowed which is barred by the statute of limitations.

The executor, administrator or Probate Judge, may allow a claim in part, and if the claimant fail to recover a greater sum he is allowed no costs.

The debts of the estate are paid in the following order:

1. Funeral expenses.

2. The expenses of the last sickness.

3. Debts having preference by the laws of the United States. 4. Judgments rendered against the deceased in his lifetime, and mortgages in the order of their date.

5. All other demands against the estate.

The mortgages in preference extend only to the proceeds of the property mortgaged; any deficiency must be classified and paid under the fifth head.

Executors and administrators should make a settlement of the estate at the expiration of one year; except where the value of the estate does not exceed fifteen hundred dollars, the Court may order the estate settled in six months.

CHAPTER XIV.

DEPOSITIONS.

The deposition of a witness in this Territory, who is a party to the action or proceeding, or who resides out of the county, or is about to leave the county where the action is to be tried, or is too infirm to attend the trial; or when the testimony is required upon a motion, or in any other case where the oral examination of the witness is not required, may be taken by either party, before any Judge or Clerk, or any Justice of the Peace or Notary Public in this Territory, on serving upon the adverse party previous notice of the time and place of the examination, together with a copy of an affidavit, showing that the case is one of the above mentioned. Such notice shall be at least five days, and in addition one day for every twentyfive miles of the distance of the place of examination from the residence of the person to whom the notice is given, unless a shorter time is prescribed by the Judge.

If

The deposition of a witness out of this Territory may be taken upon commission issued from the Court, under the seal of the Court, upon an order of the Judge or Court, or Probate Judge, on the application of either party, upon five days' notice to the other. issued to any place within the United States, it may be directed to a person agreed upon by the parties, or if they do not agree, to any Judge, or Justice of the Peace, or Commissioner selected by the officer issuing it.

If issued to any country out of the United States, it may be directed to a Minister, Abassador, Consul, Vice Consul, or Consular Agent of the United States in such country, or to any person agreed on by the parties.

The commission shall authorize the Commissioner to administer an oath to witness, and to take his deposition in answer to the interrogatories; or when the examination is to be made without interrogatories, in respect to the matter in dispute; and to certify the depo

sition to the Court, in a sealed envelope, directed to the Clerk or other person designated or agreed upon, and forward to him by mail or other usual channel of conveyance.

CHAPTER XV.

JUDICIAL RECORDS.

A judicial record of this Territory or of the United States may be proved by the production of the original or copy thereof, certified by the Clerk, or other person having the legal custody thereof, under the seal of the Court, to be a true copy of such record.

The records or judicial proceedings of the Courts of any State of the United States may be proved or admitted in the Courts of this Territory, by the attestation of the Clerk and the seal of the Court annexed, if there be a seal, together with the certificate of the Judge, chief Justice or presiding Magistrate, as the case may be, that the attestation is in due form.

A seal of a Court or public officer, when required may be impressed with wax, wafer, or any other substance, and then attached to the instrument or document; or it may be impressed on the paper alone,

CHAPTER XVI.

ACKNOWLEDGMENTS.

Acknowledgments are required in all conveyances affecting real The same certificate required as in California.

estate.

May be taken by:

1. If acknowledged or proved within this Territory, by some Judge or Clerk of a Court having a seal, or some Notary Public, Recorder or Justice of the Peace of the proper county.

2. If acknowledged or proved without this Territory, and within the United States, by some Judge or Clerk of any Court of the United States, or of any State or Territory having a seal, or by any Commissioner appointed by the Governor of this Territory.

3. If acknowledged or proved without the United States, by some Judge or Clerk of any Court (having a seal) of any State, Kingdom or Empire, or by a Notary Public therein, or by any Minister, Commisssoner, or Consul of the United States appointed to reside therein.

The Act concerning conveyances of real estate, or any interest therein, and mortgages, is the same as in California.

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