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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 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
tiine or show cause why he should not be punished for a contempt. How court to 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,
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 liep 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.
753. In what cases he may be appointed. / 754. His oath and undertaking.
when Sec. 753. A receiver may be appointed in any civil action or propointed.
ceeding, 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. - oath.
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 of sureties.
upon an arrest.
OF THE TRIAL FEE.
760. When party too poor to pay.
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:
Amount of. 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.
Recovered as dis
bursement. 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 tion need not pay.
Public corporaparty 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. Sec. 759. The trial fee in a justice's court shall be paid to the justice when and to whom
, for the demand for a jury, and unless so paid the demand shall be dis
paid. regarded 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.
Sec. 760. If at any time it appear to the satisfaction of the court or When party too 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. SEC. 761. The trial fees shall be paid to the clerk of the court, who
Trial fee to be 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. SEC. 762. In justice's court the trial fee shall be paid to a justice.
Trial fee in jus
tice's court. He shall keep an account of them and by whom paid, and distribute the amount among the jury in the particular case in payment of their legal fees.
SUP R S-VOL 2 -88
Probate, juris- Sec. 763. The commissioners appointed in pursuance of this Act diction of commis- and other laws of the United States have jurisdiction within their sioner.
respective precincts, subject to the supervision of the district judge, in all testamentary and probate matters; that is,
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. Forms of plead- Sec. 764. There are no particular pleadings or forms thereof in proings.
ceedings before commissioners when exercising the jurisdiction of probate matters, as specified in the section last preceding, other than
as provided in this chapter. Nature of pro
Sec. 755. The mode of proceeding is in the nature of a suit in equity cedure.
as distinguished from an action at law. The proceedings are in writ-
First. A citation to the party;
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. -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 etc.
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
his name. --of wills. 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; -of administra- Third. A record of the appointment of administrators, whether tor's appointment, general or special, or of a partnership and of executors; -of guardians. Fourth. A record of the appointment of guardians of infants,
insane persons, and drunkards;
Fifth. A record of accounting and distribution, in which shall be -of administraentered 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
-of dower. all orders and decrees relating to the same, and the admeasurer's report;
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, Index of records. 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.
Sec. 768. Costs may be awarded in favor of one party against another, Costs and disto 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,
how enforced. court.
OF THE COMMISSIONERS' COSTS IN THE EXERCISE OF PROBATE
may appoint clerk.
Sec. 770. In the exercise of the jurisdiction conferred upon commis- Commissioners, sioners by this code in the administration of the estates of deceased probate jurisdic
tion 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 bave 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 commis estates 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;
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.
OF THE PROOF OF WILLS AND THE APPOINTMENT OF EXECUTORS AND
Sec. 772. In what precinct will may be proven. 787. Effect of vacancy. 773. Letters testamentary with the will 788. New administrator may maintain annexed.
action against former one. 774. Who entitled to letters of adminis- 789. Power of the court over an admintration.
istrator. 775. When persons entitled must apply. 790. When deceased a member of a co776. Administration to be granted to the
partnership. husband, unless.
791. Partnership property may be admin777. Undertaking of executor or admin
istered by surviving partner. istrator.
792. His power and duties in such cases. 778. Qualification and justification of 793. Undertaking of administrator of the sureties.
partnership. 779. Nonresidents and minors as execu- 794. When administration of partnership tors.
property devolves upon the gen780. Special administrator.
eral administrator. 781. Petition to state facts.
795. Duty of surviving partner toward 782. When will found after administra
administrator. tion granted.
796. How last section may be enforced. 783. Heir may apply for removal of ex- 797. Who not qualified to act as executor ecutor or administrator.
799. Form of letters of administration. 785. New undertaking when old insuffi- 800. Resignation of executor or admincient.
istrator. 786. Effect of new undertaking or failure
to give it. Wills.
SEC. 772. Proof of a will shall be taken by the commissioner as
follows: -in what pre
First. 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; proven.
Second. When the testator, not being an inhabitant of the district, shall have died in the precinct, leaving assets therein;
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. Letters testa- 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
Who entitled to 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 tration.
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;