days. trust for twenty who shall refuse to accept the trust, or shall neglect to give bond as prescribed in this chapter, for twenty days after the probate of such will, shall intermeddle or act as Same. If person named executor is under age. Of administrator with will annexed. 'If unmarried, executrix is married. When executor may be removed. executor. SECT. 5. If a person named executor in any will shall refuse to accept the trust, or shall, for the space of twenty days after the probate of the same, neglect to give bond as required by law, the probate court may grant letters testamentary to the other executors, if there be any who are capable and willing to accept the trust; and if there be no such other executor who will give bond, the court may commit administration of the estate, with the will annexed, to such person as would have been entitled to the same, if the testator had died intestate. SECT. 6. When the person named executor in any will is under full age at the time of proving the will, administration shall be granted, with the will annexed, during the minority of the executor, unless there shall be another executor who shall accept the trust and give bond; and in that case the executor who shall give bond shall have letters testamentary, and shall administer the estate until the minor shall arrive at full age, when he may be admitted as joint executor, on giving bond according to law. SECT. 7. Every person who shall be appointed administrator, with the will annexed, shall, before entering upon the execution of his trust, give bond to the judge of probate, in the same manner and with the same conditions as is required of an executor, and shall proceed in all things to execute the trust in the same manner as an executor would be required to do. SECT. 8. When an unmarried woman, appointed an executrix, alone or jointly with another person, shall marry, her marriage shall extinguish her authority as executrix, and her husband shall not be executor in her right. SECT. 9. If an executor shall reside out of this territory, or shall neglect, after due notice given by the judge of probate, to render his account and settle the estate according to law, or to perform the decree of the court, or shall abscond, or become insane, or otherwise incapable or unsuitable to discharge the trust, the probate court may remove such executor. SECT. 10. When an executor shall die, or be removed, or his authority shall be extinguished, the remaining executor, if there be any, may execute the trust; and, if there shall be no other executor, administration, with the will annexed, may be granted of the estate not already administered. When executor die, &c. When all ex ecutors named are not author ized, part may SECT. 11. When all the executors appointed in any will shall not be authorized, according to the provisions of this chapter, to act as such, such as are authorized shall have the act." same authority to perform every act, and discharge every trust required and allowed by the will; and their acts shall be as valid and effectual for every purpose as if all were authorized and should act together; and administrators, with the will annexed, shall have the same authority to perform every act and discharge every trust, as the executor named in the will would have had, and their acts shall be as valid and effectual for any purpose. Executor of executor has SECT. 12. The executor of an executor shall not, as such, have any authority to administer the estate of the what powers. first testator; but, on the death of the only surviving executor of any will, administration of the estate of the first testator, not already administered, may be granted, with the will annexed, to such person as the probate court may judge proper. SECT. 13. When two or more persons shall be appointed executors of any will, the judge of probate may take a separate bond from each of them, with sureties, or a joint bond from all of them, with sureties. SECT. 14. When the word "chapter" occurs in this act, it shall be construed to mean "act." Separate bonds taken, when. 66 Chapter" means "act." SECT. 15. This act shall take effect from and after its pas-Take effect, sage, and approval by the governor. Approved May 7, 1862. W. JAYNE, Governor. MEMORIALS AND RESOLUTIONS. RESOLUTIONS. MILITARY POSTS. Relative to making Fort Randall a distributing post. CHAPTER 92. MEMORIAL AND JOINT RESOLUTION [RELATIVE TO MAKING To the Honorable E. M. Stanton, Secretary of War: YOUR memorialists, the legislative assembly of Dakota Territory, respectfully represent, That your department could materially enhance the business and growth of this territory by making Fort Randall the distributing depot for the North-West, instead of Fort Leavenworth. Your department must be aware that freights can be transported via Fort Randall to Laramie and Salt lake much cheaper than by any other route. While the route by the Niobrara valley is equally practicable, the distance in overland transportation is at least three hundred miles less than from Fort Leavenworth. It is needless to remind you of the obvious advantage to border settlements resulting from the establishment of an important military depot in this [their] midst. It is an assistance with which all other territories have been favored except Dakota. We ask what we believe will result in a great saving to the general government, and at the same time confer substantial benefit upon the people of Dakota. And we shall ever pray. Be it resolved by the council and house of representa Delegate in congress in tives of the Territory of Dakota, That our delegate in con- Approved May 12, 1862. W. JAYNE, Governor. CHAPTER 93. A MEMORIAL OF THE LEGISLATIVE ASSEMBLY OF THE TER- To the President of the United States: lishment of a military post at Sioux Falls city. Your memorialists, the legislative assembly of the Territory For the estabof Dakota, beg, most respectfully, to represent to your Excellency that military protection should be, and we pray that it may be afforded to the settlements in Eastern Dakota and Western Iowa, by the immediate establishment and occupation of a military post at Sioux Falls city, on the Big Sioux river; and your memorialists will ever pray, &c. Approved April 24, 1862. W. JAYNE, Governor. CHAPTER 94. A MEMORIAL TO CONGRESS PRAYING FOR THE CONSTRUC- To the Honorable the Senate and House of Representatives in Congress assembled: Your memorialists of the legislative assembly of the territory of Dakota would respectfully represent that already made. Whereas, an appropriation has been made, by a late session Appropriation. of congress, for the construction of a United States fort in the Immediate building necessary, and the objects. Objects. Same. valley of the Red river of the North; and, whereas, the expen- The urgent necessity of the immediate building and garri- Your memorialists would further represent that they do not deem it necessary for them to enlarge upon the importance of keeping open a line of communication between St. Paul, Minnesota, and the Red river settlements, as they have heretofore memorialized the congress of the United States upon that subject, in connection with a request that a treaty be made with the Chippewa Indians of Pembina and Red lake; and your memorialists would now represent that unless said treaty is formed and a fort erected and occupied in the vicinity of Pembina, the peace of the country will be endangered and the prosperity of this flourishing territory seriously impeded: for it is not an unfrequent occurrence that white settlers have been deprived of their property by these bands of Indians, and many of them, in the thinly settled portions of the Red river valley, have been inhumanly butchered by these predatory bands of Indians. Finally, your memorialists will conclude by representing that incalculable advantages will be derived by this territory, if protection is only afforded to the tide of immigration now steadily advancing towards British America. For which your memorialists will ever pray, &c. Approved April 30, 1862. W. JAYNE, Governor. H |