Distribution of community propertyon death of hus and the other half is subject to the testamentary disposi- SEC. 552. itance by right of representation takes place. Inheritance or succession "by right of representation" takes place when the descendants of any When inherdeceased take the same show, or right, in the estate of another person that their parents would have taken if living. Posthumous children are considered as living at the death of their parents. Right of suc ident alien. SEC. 553. Resident aliens may take in all cases by succession as citizens; and no person capable of succeed- cession of resing under the provisons of this title is precluded from such succession by reason of the alienage of any relative; but no non-resident foreigner can take by succession, unless he appears and claims such succession within cession of forfive years after the death of the decedent to whom he claims succession. SEC. 554. When succession is not claimed as provided in the preceding section, the district court, on information, must direct the district attorney of the district in which the property is situated to reduce the property to his or the possession of the territory, or to cause the same to be sold, and the same or the proceeds thereof to be deposited in the territorial treasury for the benefit of such non-resident foreigner or his legal representatives, to be paid to him whenever, within five years after such deposit, proof to the satisfaction of the territorial auditor and treasurer is produced that he is entitled to succeed thereto. Right of suc eigner. Proceeding court if prop in district erty not claimed un der lust see tion. Voucher of when property claimed. SEC. 555. When so claimed, the evidence and the joint order of the auditor and treasurer must be filed by treasurer the treasurer as his voucher, and the property delivered, or the proceeds paid to the claimant on filing his receipt therefor. If no one succeeds to the estate or proceeds, as herein provided, the property of the decedent ty of decedent devolves and escheats to the people of the territory, and is placed by the territorial treasurer to the credit of the school fund. When proper escheats to territory. against property pass SEC. 556. Real property passing to the territory Charges under the last section, whether held by the estate or its officers, is subject to the same charges and trusts to which it would have been subject if it had passed by succession. ing to terri tory under last section. Liability of successor SEC. 557. Those who succeed to the property of a to decedent are liable for his obligations, in the cases and to the extent prescribed by the laws of this territory. decedent's estate. Repealing Saving clause. clause. How far ap plicable to es ates i n ministration. course of ad SEC. 558. That an act entitled "An Act in relation to administrators and executors" (general and miscellaneous laws), codified statutes, save and except sections 293, 294, 295, 296, 297, 298, and 299 thereof, be and the same are hereby repealed: Provided, That the provisions of said act shall be and remain in force so far as, and shall be applicable to all estates now in course of administration, and upon which letters testamentary or administration have issued to the settlement and winding up of such estates, and the discharge of the executor and administrator therein, so far as such act may be applicable and provide for; but in any matter or thing for which said act may contain no provision the provisions of this this act shall be applicable. SEC. 559. This act shall take effect on the first day of July, A. D. 1877, and the act mentioned in the last When act to preceding section shall continue in force until the date last aforesaid. take effect. Approved February 16th, 1877. NOTARIES PUBLIC. AN ACT to amend section 10 of an act concerning notaries public, approved February 8th, 1876 (session laws, 1876, page 115). SECTION 1. Be it enacted by the legislative assembly of Montana territory, that section 10 of an act concerning notaries public, approved February 8th, 1876, be amended so as to read as follows: "SECTION 10. Every applicant for the commission of notary public shall give bond to the territory of Montana in the penal sum of one thousand dollars, with two good and sufficient sureties, to be approved by the clerk of the county in which said applicant resides, conditioned for the true and faithful performance of the duties of his office; and upon the filing of such bond in the office of the governor of the territory of Montana, the said governor may issue to said applicant a commission as notary public, for which commission a fee of one dollar shall be paid into the territorial treasury: Provided, That when the applicant resides in an unorganized county, his bond shall be approved by the clerk of the county to which it is attached for judicial purposes.' SEC. 2. That section 10 of the above entitled act is hereby repealed. SEC. 3. That this act shall take effect and be in force from and after its passage. Approved February 9th, 1877. RAILROAD-HELENA AND BENTON. AN ACT to facilitate the construction of the Helena and Benton Railroad. WHEREAS, Under the provisions of an act entitled "An Act to authorize the counties interested to assist in building a railroad from the head of navigation on the Missouri river, at or near Fort Benton, to the city of Helena, Montana territory," approved February 11th, 1876, S. B. Coulson & Co., on the 28th day of August, A. D. 1876, submitted a proposition to the respective counties of this territory to build and construct such railroad, which proposition was duly submitted to the legal voters of the counties of Lewis and Clarke and Choteau; and, WHEREAS, The county of Lewis and Clarke, aforesaid, did, at the general election held after the approval of said bill, vote an issue of three hundred and fifty thousand dollars, in bonds of said county, to aid in the construction of such road under said proposition of S. B. Coulson & Co.; and, WHEREAS, The legal voters of said Choteau county, at said general election, did vote for an issue of eighty thousand dollars of bonds for said purpose; and the total amount, viz: seven hundred thousand dollars, of bonds not having been yet voted by the said counties of Montana territory interested in the construction of said road, and which were required to insure its construction; therefore, Be it enacted by the Legislative Assembly of the Territory of Montana: SECTION 1. That the action of the respective boards of county commissioners of Lewis and Clarke and Choteau counties, in submitting the said proposition of said S. B. Coulson & Co. to the legal voters of said several counties, and the voting of the said several issues of said bonds, under the said proposition, to aid in construction of the said road, be, and the same are hereby, declared legal and valid. SEC. 2. That the second section of said act shall be amended to read as follows: "The board of county commissioners of any county of the territory of Montana are hereby authorized, and it shall be their duty, and they are hereby required, upon the petition of a number of qualified voters of any county equal to one-seventh of the votes cast at the last general election held in said county, within the limits of said county, which petitioners shall be bona fide residents and tax payers upon real or personal property of said county, to submit to the legal voters of their respective counties a proposition to issue county bonds of any such county, for an amount designated in such petition, to aid in the construction of such railroad, not to exceed twenty per cent of the amount of assessed value of the taxable property in such county, to be determined by the assessor's returns made the year previous to submitting such proposition, to said S. B. Coulson & Co., or to their order or assigns, in accordance with their said proposition, so made as aforesaid: Provided, That the whole amount of bonds to be issued shall not exceed the sum of seven hundred thousand dollars." SEC. 3. The mode of submitting such question to the voters of such counties shall be as follows: The county commissioners of any county submitting such proposition shall cause to be published in a newspaper published in such county, for at least four weeks before such question shall be submitted to vote, or, in case there shall be no newspaper published in such county, they shall cause to be posted in a conspicuous place in each election precinct in such county a printed notice to the voters thereof, which notice shall be substantially as follows, viz: "Notice is hereby given, that on the day of A. D. 1877 (the time when such election shall be held), an election will be held at the several places in the county of where elections are appointed by law to be held, in accordance with an act of the legislative assembly of the territory of Montana, entitled 'An Act to authorize the counties interested to assist in building a railroad from the head of navigation on the Missouri river, at or near Fort Benton, to the city of Helena,' approved February 11th, 1876, and the act amendatory thereto, at which election the legal voters of said county will vote upon the proposition to issue bonds to S. B. Coulson & Co., payable to them or to their order or assigns, for the following amount, and to be issued in the manner and upon the conditions following, viz: "First. The total amount of the bonds proposed to be issued, thousand dollars. "Second. That such bonds bear interest at the rate of seven per cent per annum, payable semi-annually after their date and delivery. "Third. That such bonds be made payable in twenty years after their dates, respectively, and at the option of the county after five years from their date. "Fourth. That such bonds be issued to S. B. Coulson & Co., or to such company or corporation as may be by them organized under the laws of Montana territory. "Fifth. That such bonds be issued and delivered as aforesaid, pro rata, on the completion and equipment of each section of fifteen miles of said railroad, and in the proportion that each of such sections bears to the total length of said road, as the same shall be surveyed and located, and the said sum of dollars, and that when the whole road shall be fully completed and equipped, the balance of said bonds be delivered as aforesaid. |