the court, and the judgment of the court shall be entered according to such findings. Proceeding to SEC. 751. When an attorney refuses to deliver over money or papers compel an attor to a person from or for whom he has received them in the course of ney to deliver over money or papers. professional employment, whether in a judicial proceeding or not, he may be required, by an order of the court, to do so within a specified time or show cause why he should not be punished for a contempt. SEC. 752. If, however, the attorney claim a lien upon the money or proceed if attorney papers, under the provisions of section seven hundred and forty-two, How court to claim a lien. the court shall First. Impose, as a condition of making the order, that the client give security, in form and amount to be directed, to satisfy the lien when determined in an action; or, Second. Summarily inquire into the facts on which the claim of a lien is founded, and determine the same; or, Third. Direct the trial of the controversy by a jury, or refer it, and upon the verdict or report determine the same as in other cases. CHAPTER SEVENTY-SEVEN. OF RECEIVERS. Receivers. - when >ointed. - oath. ap 753. In what cases he may be appointed. 754. His oath and undertaking. SEC. 753. A receiver may be appointed in any civil action or proceeding, other than an action for the recovery of specific personal property First. Provisionally, before judgment, on the application of either party, when his right to the property which is the subject of the action or proceeding, and which is in the possession of an adverse party, is probable, and the property or its rents or profits are in danger of being fost or materially injured or impaired; Second. After judgment, to carry the same into effect; Third. To dispose of the property according to the judgment, or to preserve it during the pendency of an appeal, or when an execution has been returned unsatisfied and the debtor refuses to apply his property in satisfaction of the judgment; Fourth. In cases provided in this code, or by other statutes, when a corporation has been dissolved, or is insolvent or in imminent danger of insolvency, or has forfeited its corporate rights; Fifth. In the cases when a debtor has been declared insolvent. SEC. 754. A receiver, before entering upon his duties, shall be sworn - undertaking. faithfully to perform his trust to the best of his ability, and shall also file with the clerk of the court an undertaking, of one or more sufficient sureties, in a specified sum, to be fixed by the court or judge thereof, to the effect that he will faithfully discharge the duties of receiver and will.obey the orders of the court or judge thereof in – justification respect thereto. The sureties must justify in the same manner as bail upon an arrest. of sureties. SEC. 755. Parties to a judicial proceeding are required to contribute toward the expense of maintaining courts of justice, or a particular action or proceeding therein, by the payment of certain sums of money, as provided in this chapter, which are denominated trial fees. SEC. 756. The trial fee is as follows: First. In the district court, for every trial by jury, twelve dollars; for every trial by the court, six dollars; for every judgment given without trial, three dollars; Second. In justice's court, for every trial by jury, six dollars. SEC. 757. The trial fee is to be paid by the plaintiff, appellant, or moving party before he is entitled to or can claim the trial or other proceeding upon when such fee is imposed; and if the party paying such fee prevail in the action, or proceeding, so as to be entitled to recover costs therein, such fee shall be allowed and taxed as a disbursement and collected off the adverse party. SEC. 758. When the United States or any public corporation is a party to a judicial proceeding it need not pay the trial fee in advance, and if it be entitled to recover costs therein, such fee shall be allowed and taxed in its favor as a disbursement and collected off the adverse party as in ordinary cases. Trial fees. Amount of. Recovered as disbursement. Public corpora tion need not pay. paid. SEC. 759. The trial fee in a justice's court shall be paid to the justice Injustice's court, for the demand for a jury, and unless so paid the demand shall be disregarded and the trial proceed as if no such demand had been made, except when a party is prosecuted in a criminal action at the suit of the United States, in which case the party is entitled to a jury trial without the prepayment of such fee; and if judgment be given against him, the fee shall be allowed and taxed in favor of the United States as other disbursements in ordinary cases. When party too SEC. 760. If at any time it appear to the satisfaction of the court or judge thereof, from the affidavit of the party or other evidence, that poor to pay. he can not pay the trial fee, such court or judge may direct that he be allowed to proceed without the prepayment therof; but if such party prevail so as to be entitled to collect such fee as a disbursement off the adverse party, when collected it shall be retained by the clerk as if paid in advance. Trial fee to be SEC. 761. The trial fees shall be paid to the clerk of the court, who shall keep a regular account of them and by whom paid in his fee paid to the clerk. book, and deposit them in the manner provided in the case of other moneys collected by virtue of his office. Trial fee in jus SEC. 762. In justice's court the trial fee shall be paid to a justice. He shall keep an account of them and by whom paid, and distribute tice's court. the amount among the jury in the particular case in payment of their legal fees. SUP R S-VOL 2- -88 Probate, juris sioner. SEC. 763. The commissioners appointed in pursuance of this Act diction of commis- and other laws of the United States have jurisdiction within their respective precincts, subject to the supervision of the district judge, in all testamentary and probate matters; that is, Forms of pleadings. Nature of procedure. First. To take proof of wills; Second. To grant and revoke letters testamentary, of administration, and of guardianship; Third. To direct and control the conduct and settle the accounts of executors, administrators, and guardians: Fourth. To direct the payment of debts and legacies, and the distribution of the estates of intestates; Fifth. To order the sale and disposal of the real and personal property of deceased persons; Sixth. To order the renting, sale, or other disposal of the real and personal property of minors; Seventh. To take the care and custody of the person and estate of a lunatic or habitual drunkard, and to appoint and remove guardians therefor; to direct and control the conduct of such guardians, and to settle their accounts; Eighth. To direct the admeasurement of dower. SEC. 764. There are no particular pleadings or forms thereof in proceedings before commissioners when exercising the jurisdiction of probate matters, as specified in the section last preceding, other than as provided in this chapter. SEC. 765. The mode of proceeding is in the nature of a suit in equity as distinguished from an action at law. The proceedings are in writing, and are had upon the application of a party or the order of the court. The court exercises its powers by means of First. A citation to the party; Second. An affidavit or the verified petition or statement of a party; Fourth. Orders, judgments, and decrees; Fifth. An execution of warrant to enforce them. Books and rec- SEC. 766. The proceedings in probate matters shall be entered and ords of probate recorded in the following books: proceedings. etc. -relating to de- First. A register, in which shall be entered a memorandum of all cedent's estates, official business transacted by the court or judge thereof appertaining to the estate of each person deceased under the name of such person; that pertaining to the guardianship of an infant under the name of such infant; that pertaining to an insane person or a drunkard under --of wills. -of administra his name. Second. A record of wills, in which shall be recorded all wills proven before the court or judge thereof, with the order of probate thereof, and of all wills proved elsewhere upon which letters of administration are issued by the direction of such court or judge; Third. A record of the appointment of administrators, whether tor'sappointment, general or special, or of a partnership and of executors; —of guardians. etc. Fourth. A record of the appointment of guardians of infants, insane persons, and drunkards; -of administra Fifth. A record of accounting and distribution, in which shall be entered a summary balance sheet of the accounts of administrators, tor's accounts, etc. executors, and guardians, with the orders and decrees relating to the same; a memorandum of executions issued thereon, with a note of satisfaction when satisfied; also orders and decrees relating to the sale of real property and to the distribution of the proceeds thereof; and notices of all money or securities paid or deposited in court as proceeds of such sales or otherwise; and a statement showing the names of creditors, and the debts established and entitled to distribution, the amount to which each person is entitled out of such fund, and the amount actually paid to each person, and when paid; Sixth. A record of the appointment of admeasurer of dower, with all orders and decrees relating to the same, and the admeasurer's report; -of dower. Seventh. An order book, in which shall be entered orders directing of orders. the conduct of executors, administrators, or guardians; orders for publication of notice to creditors; orders in behalf of creditors, directing debts to be paid or allowing an execution to be issued; appointments of special guardians, appraisers, and referees; orders relating to the production of a will, to removal of executors, administrators, or guardians, or to sureties therefor; and, generally, all other orders not required to be entered in some other book. SEC. 767. To each of such books there shall be attached an index, securely bound in the volume, referring to the entries or records, in alphabetical order, under the name of the person to whose estate or business they relate, and naming the page of the book where the entry or record is made. Costs and dis SEC. 768. Costs may be awarded in favor of one party against another, to be paid personally or out of the estate or fund, in any proceedings bursements. contested adversely, but such costs can not exceed those allowed in the trial of a civil action in the district court. Witness fees and other disbursements similar to those allowed on the trial of a civil action may also be allowed, to be paid in like manner. SEC. 769. Orders, judgments, or decrees for the payment of money Orders and demay be enforced, by execution or otherwise, in the same manner as crees for the payorders, judgments, or decrees for the payment of money in the district ment of money, court. CHAPTER EIGHTY. OF THE COMMISSIONERS' COSTS IN THE EXERCISE OF PROBATE how enforced. 770. Commissioners shall have seal and 771. Fees of commissioners. may appoint clerk. Commissioners, SEC. 770. In the exercise of the jurisdiction conferred upon commissioners by this code in the administration of the estates of deceased probate jurisdiction of, etc. persons, and of minors, lunatics, and habitual drunkards, such commissioners shall sit as a probate court, which shall be always open for the transaction of business. Such court shall have a seal, upon which there shall be engraved the words "Probate court, district of Alaska, precinct;" and such courts may appoint a clerk who shall have the authority to attest such seal when attached to the lawful orders and certificates of such court. SEC. 771. For the services rendered in the administration of the Fees of commisestates of decedents and of minors, lunatics, and habitual drunkards, sioners. the commissioners shall receive fees as follows: First. For the granting of letters of administration or guardianship, two dollars; Wills. Second. For every other order made in the course of administration, fifty cents; allowance or disallowance of claims, fifty cents; Third. For the hearing of any objection, one dollar; Fourth. For making and certifying transcripts to the district court, ten cents per folio. CHAPTER EIGHTY-ONE. OF THE PROOF OF WILLS AND THE APPOINTMENT OF EXECUTORS AND Sec. 772. In what precinct will may be proven. 774. Who entitled to letters of adminis- 775. When persons entitled must apply. 777. Undertaking of executor or admin- 778. Qualification and justification of 779. Nonresidents and minors as execu- 780. Special administrator. 782. When will found after administra- 783. Heir may apply for removal of ex- 784. Nonresident executor or adminis- Duty of surviving partner toward administrator. 796. How last section may be enforced. 798. Form of letters testamentary. Form of letters of administration. 785. New undertaking when old insuffi- | 800. Resignation of executor or admincient. 786. Effect of new undertaking or failure to give it. istrator. SEC. 772. Proof of a will shall be taken by the commissioner as follows: -in what preFirst. When the testator, at or immediately before his death, was cinct may be an inhabitant of the precinct, in whatever place he may have died; Second. When the testator, not being an inhabitant of the district, shall have died in the precinct, leaving assets therein; proven. Letters testa Third. When the testator, not being an inhabitant of the district, shall have died out of the district, leaving assets in the precinct; Fourth. When the testator, not being an inhabitant of the district, shall have died out of the district not leaving assets therein, but where assets thereafter came into the precinct; Fifth. When_real property, devised by the testator, is situated in . the precinct and no other commissioner has gained jurisdiction under either of the preceding subdivisions of this section. SEC. 773. When a will is proven, letters testamentary shall be issued mentary with the to the persons therein named as executors, or to such of them as give will annexed. notice of their acceptance of the trust and are qualified. If all the persons therein named decline to accept or be disqualified, letters of administration, with the will annexed, shall be issued to the person to whom the administration would have been granted if there had been no will. Who entitled to tration. SEC. 774. Administration of the estate of an intestate shall be granted letters of adminis- by the commissioner authorized to take proof of a will as prescribed in section seven hundred and seventy-two in case such intestate had made a will. Administration shall be granted, and letters thereof issued, as follows: First. To the widow or next of kin, or both, in the discretion of the court; |