§ 2. Whenever any person charged with the commission of any offence, shall have been delivered for safe keeping, as aforesaid, such person shall be delivered to the sheriff or other proper officer of Ingham county, whenever such officer shall present to the sheriff or keeper of said jail, an order for such delivery from the court before whom such prisoner is to be tried.

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

Approved, March 19, 1840.

[No. 53.]

AN ACT to amend title four and five, part second, of the revised statutes; also title seven, part second, chapter five of the same, relative to guardians and wards.

Chapter 3,

2, amended.

SECTION 1. Be it enacted by the Senate and House of Repre- title 4, part sentatives of the State of Michigan, That chapter third, title four, part second, of the revised statutes be amended, by adding thereto, after section five, "that the said articles shall remain in the possession of the widow, if there be one, during the time she shall live with and provide for such minor or children; and when she shall cease so to do, and also when there is no widow, the said articles shall become the property of such minor, child or children, and if there be no such child, then the said articles shall belong to such widow."

title 4, part 2, amended.

§2. That chapter four, title four, part second of the revised Cpter 4, statutes, be so amended by adding thereto, after section twenty-six, as to read, "that upon any claim being presented against the estate of any deceased person, the executor or administrator may require satisfactory vouchers in support thereof, and also the affidavit of the claimant, that such claim is justly due, that no payments have been made thereon, and that there are no offsets against the same, to the knowledge of such claimant, which oath may be taken before any justice of the peace, or other officer authorized to administer oaths.

Appeal from court of

probate.

Chapter 5, title 4, part

§3. Any executor or administrator, and any person having a claim as aforesaid, may submit the same to the determination of arbitrators, to be agreed on between them, and to be appointed by a rule of the probate court; and the award of such arbitrators, if confirmed by the probate court, shall be binding upon the parties, unless either party shall appeal from the decree of the probate court.

§ 4. That either party may appeal from any decree of the court of probate, either allowing or setting aside the award of the arbitrators, to the circuit court of the same county.

§ 5. Either party may appeal from the decree of the court of probate, by giving notice thereof, in writing, to the judge of said court, within ten days after said decree shall have been made.

§ 6. That chapter five, title four, part second of the revised 2, amended. statutes, be so amended by adding thereto after section twelve, as to read, "in case any person entitled to a legacy, or a share of the estate of any person deceased, is a minor, such legacy or share, may, under the direction of the court of probate, be delivered to the general guardian of the minor."

The judge of probate may direct the assignment of bonds

and mortga

ges.

§ 7. That upon the settlement of the account of an executor or administrator, the judge of probate may, upon the consent, in writing, of the persons interested, to a share of the estate, or a majority of them, or of minors, or their guardian, direct the delivery of any personal property which shall not have been sold, and the assignment of any mortgages, bonds, notes, or other demands, among those entitled to payment or distribution, in lieu of so much money as such property or securities may be worth, to be ascertained by the judge of probate. § 8. That chapter first, title five, part second of the revised 2 amended. statutes, be so amended by adding thereto, after section second, as to read, "that every petition by an administrator or executor, for license to sell real estate, shall set forth the amount of personal property of the deceased, which has come into his hands, that all of it applicable to the payment of the debts of the deceased, and the charges of administering his estate, has been duly applied for that purpose, the amount of debts due

Chapter 1st, title 5, part

from the deceased, as far as they can be ascertained, and the description of the real estate of which the testator or intestate died seized, which he proposes to sell, and shall be verified by the oath of the executor or administrator."

claims may

§ 9. Upon the hearing of such petition, it shall be lawful for Validity of any person interested in the real estate, to show that the whole be contested of the personal estate of the deceased has not been duly applied to the payment of his debts, and the charges of administering his estate, and to contest the validity and legality of any claims which may be represented as existing against the testator or intestate.

administra

credit on

§ 10. On such sale, the executor or administrator may give Executor or such length of credit, and for such part of the purchase money, tor may give as shall have been directed or shall be approved by the judge sales. of probate, and shall secure the moneys for which credit is given, by a bond of the purchaser, and by a mortgage of the premises sold.

sale to he

judge of

§ 11. The executor or administrator shall immediately make Return of a return of their proceedings upon such license to sell, to the made to judge of probate granting the same, who shall examine the pro- probate. ceedings, and may also examine such executor or administrator, or any other person on oath, touching the same, and if he shall be of the opinion that the proceedings were unfair, or that the sum bid is disproportionate to the value, he shall vacate such sale, and direct that another be had, of which notice shall be given, an oath taken, and in all respects shall be conducted as required by law.

make an or

ing sale.

§ 12. If it shall appear to the judge of probate that such sale Judge shall was legally made and fairly conducted, and that the sum bid der confirmwas not disproportionate to the value of the property sold, or if disproportionate, that a greater sum cannot be obtained, he shall make an order confirming such sale, and directing conveyances to be executed.

sale to be

ed.

§ 13. The executor or administrator shall in the first place, Expenses of pay out of the moneys arising from such sale, the charges and first satisfi expenses thereof. They shall next satisfy any claim of dower, which the widow of the testator or intestate, may have upon

One third part set

tisfy dower.

the land so sold, by the payment of such sum in gross, or shall be ordered by the judge of probate, as shall be deemed upon the principles of law applicable to annuities, a reasonable satisfaction for such claim, if the widow shall consent to accept such sum in lieu of her dower, by an instrument under seal, duly acknowledged and proved.

§ 14. If, after reasonable notice for such purpose, no such apart to sa- consent be given, the judge of probate shall set apart one-third part of the purchase money to satisfy such claim, and the executor or administrator shall invest the same in permanent securities, on annual interest, which interest shall be paid to the widow of the testator or intestate during her life.

Notice of distribution

lished.

§ 15. After the deduction aforesaid, the remainder of the to be pub- proceeds of such sale shall be divided by the judge of probate, among the creditors, in proportion to their respective debts, without giving any preference; and before any such distribution shall be made, notice of the time and place of making the same shall be published three weeks successively in each newspaper printed in the county in which the court of probate is held.

Debts

against the

intestate to be ascer

tained.

§ 16. At the time and place appointed, the judge of probate testator or shall proceed to ascertain the valid and subsisting debts against the testator or intestate, and shall have the proofs and allegations of the claimants, and every other person interested in the estate, and any debts established by the judge of probate, on the hearing the application, shall not be controverted, unless upon the discovery of new evidence to impeach it, and after due notice to the claimant any other debts or claims shall be proved to the satisfaction of the judge.

Executor or administra

report.

§ 17. Executors or administrators shall collect the moneys tor to make as they become due on any securities which they shall have taken, on the sale of any real estate, and shall thereupon from time to time, report the same to the judge of probate, who shall distribute the same among the creditors, whose debts are established before him, in the same manner as hereinbefore directed, respecting the moneys accruing on such sale.

§ 18. The third section of part second, title five, chapter Repeal. one of the revised statutes is hereby repealed.

7, chap. 5,

amended.

§ 19. That the revised statutes be so amended, in part Part 2, title second, title seven, chapter five and section nine, as to read, sec. 9, "when the relations or friends of any person who, by age, or other cause, is incompetent to have charge of his property, or of any insane person, or the township board of the township of which such insane person or persons, who, from any cause, is incompetent to have charge of his property, is an inhabitant, or in which he resides, shall apply to the judge of probate to have a guardian appointed for him, the judge shall cause notice to be given to the supposed insane person or persons, who, from age or other cause aforesaid, is incompetent to have charge of his effects, of the time and place appointed for hearing the case, not less than fourteen days before the time so appointed, and if, after a full hearing, it shall appear to the judge that the person in question is incapable, from any cause, of taking care of himself or property, the judge shall appoint a guardian of his person and estate, or estates, as the case may require, with the powers and duties hereinafter specified."

§ 20. This act shall take effect and be in force from and after its passage.

Approved, March 18, 1840.

[No. 54.]

AN ACT to provide for the organization of courts of special sessions, and to define their powers and duties.

tion and

SECTION 1. Be it enacted by the Senate and House of Repre- Organiza sentatives of the State of Michigan, That courts of special powers. sessions may be formed of any three justices of the peace, as hereinafter provided, who shall have power, under the provisions of this act, to hear and determine charges for the crimes