MECHANICS' LEINS. AN ACT to amend Chapter XL. of "An Act revising, re-enacting, and codifying the general and permanent laws of Montana," approved January 12th, 1872. Be it enacted by the Legislative Assembly of the Territory of Montana: SECTION 1. That the lein given by section 1 of the chapter to which this act is amendatory, shall extend to the lot or land upon which any such building, improvement, or structure is situated, to the extent of one acre, if outside any town or city; or, if within any town or city, then to the extent of the whole lot or lots upon as to land or which the same is situated, if the land belonged to the person who caused said building to be constructed, altered, or repaired; but if such person owned less than a fee simple estate in such land, then only his interest therein is subject to such lien. Extent of lien lots. lien. SEC. 2. All liens for work or labor done, or material furnished, upon the same premises, which shall be filed within thirty days after the filing of the first lien on such premises, shall entitle the holder thereof to share equally, Time of filing pro rata, according to the amount of their respective liens, in the proceeds arising from the sale of such premises upon the foreclosure of such liens. If, after the expiration of thirty days, other liens shall be filed against such premises, then all liens filed within sixty days after the filing holders to of such subsequent lien shall be liens of the second class, and share pro rata in any proceeds arising from the sale of the said premises which may remain after all liens of the first class have been paid. How lienshare. SEC. 3. The liens for work or labor done, or material furnished, as specified in the act to which this is amendaPriority of tory, shall be prior to, and have precedence over, any mortgage, incumbrance, or other lien made subsequent to the commencement of work on any contract for the erection of such building or other improvement. liens. SEC. 4. Section 8 of Chapter XL. of the codified statutes, and all acts and parts of acts in conflict with this act, are hereby repealed. SEC. 5. This act shall take effect and be in force from and after its passage. Approved February 16th, 1877. Section repealed. PROBATE PRACTICE ACT. AN ACT relating to probate courts and estates of deceased persons. Be it enacted by the Legislative Assembly of the Territory of Montana: CHAPTER I. ARTICLE I.-Organization and Jurisdiction of Probate SECTION 1. The probate court has jurisdiction- Second. To grant letters testamentary, of administration, and of guardianship, and to revoke the same. Third. To appoint appraisers of estates of deceased persons. Fourth. To compel executors, administrators, and Probate guardians to render accounts. courts-jurisdiction and powers of Fifth. To order the sale of property of estates or be- probate longing to minors. Sixth. To order the payment of debts due from es tates. Seventh. To order and regulate all distributions and partitions of property or estates of deceased persons. Eighth. To compel the attendance of witnesses and the production of title deeds, papers, and other property of an estate or of a minor. Ninth. To exercise the powers conferred by this act. courts. Construction given to acts of probate courts. Effect given records and proceedings. Tenth. To make such orders as may be necessary to the exercise of the powers conferred upon it. The proceedings of probate courts shall be construed in the same manner and with like intendments as the proceedings of courts of general jurisdiction, and to its records, judgments, and decrees there is accorded like force and effect and legal presumptions, as to the records, orders, decrees, and judgments of district courts. SEC. 2. The judges of probate courts may, at chambers, appoint appraisers, receive inventories and accounts, to be filed in probate court; suspend the powers of execPowers of utors, administrators, or guardians, in the cases allowed by law; grant special letters of administration or guardianship; approve claims and bonds, and direct the issuance from the probate courts of all writs and processes necessary in the exercise of their power. judge at chambers. When pro bate judge SEC. 3. Any probate judge may hold terms, or portions of terms, in any other county than, as well as in, that for which he was elected, in cases of sickness of the may act in proper judge, or to hear, try, adjudicate, and determine all causes and matters in which the probate judge of the proper county is interested or has been employed as an attorney, or is disqualified by law from trying or adjudicating. another county. Authority by SEC. 4. When, from any of the causes mentioned in the preceding section, a term or part of a term of a probate court cannot be held in a county by the judge thereof, the judge disqualified may, by the consent of parties to the action or proceedings, which such judge is disqualified from adjudicating, designate the county, or which pro probate judge of some other county, to hold such term or portion of term; and if the parties fail thus to consent, a certificate of such fact of disqualification, or in case of sickness of the judge, then of the fact of such sickness, must be transmitted by the clerk of such court to the governor, who must thereupon direct some probate judge of a neighboring county to hold such term or part of term. bate judge may act in another county. SEC. 5. The seal of the court need not be affixed to any proceedings therein, except — Second. To the proof of a will or the appointment of Use of the an executor, administrator, or guardian. Third. To the authentication of a copy of a record or other proceeding of the court, or officer thereof, for the purpose of being used in evidence in another court. ARTICLE II.-Of Local Jurisdiction. SEC. 6. Wills must be proved, and letters testamentary or of administration granted: First. In the county of which the decedent was a resident at the time of his death, in whatever place he may have died. Second. In the county in which the decedent may have died leaving estate therein, he not being a resident of the territory. Third. In the county in which any part of the estate may be, the decedent having died out of the territory, and not resident thereof at the time of his death. Fourth. In the county in which any part of the estate may be, the decedent not being a resident of the territory, and not having estate in the county in which he died. Fifth. In all other cases, in the county where application for letters is first made. seal of probate court. Petition to proved. SEC. 7. When the estate of the decedent is in more than one county, he having died out of the territory, have will and not having been a resident thereof at the time of his death, or, being such non-resident, and dying within the territory, and not leaving estate in the county where he died, the probate court of that county in which application is first made for letters testamentary or of administration, has exclusive jurisdiction of the settlement of the estate. In case decedent die out of County where estate Custodian of CHAPTER II.- PROBATE OF WILLS. ARTICLE I. SEC. 8. Every custodian of a will, within thirty days after receipt of information that the maker thereof is dead, must deliver the same to the probate court havwill to deliving jurisdiction of the estate, or to the executor named er same to therein. A failure to comply with the provisions of this section makes the person failing responsible for all damages sustained by any one injured thereby. proper court. SEC. 9. Any executor, devisee, or legatee named in any will, or any other person interested in the estate, may, at any time after the death of the testator, petition the court having jurisdiction to have the will proved, whether the same be in writing in his possession or not, or is lost or destroyed, or beyond the jurisdiction of the territory, or a nuncupative will. SEC. 10. A petition for the probate of a will must show: First. The jurisdictional facts. Second. Whether the person named as executor consents to act, or renounces his right to letters testamentary. Third. The names, ages, and residence of the heirs and devisees of the decedent, so far as known to the What petition petitioner. for probate of will must show. When court may appoint administra tor in place of executor. Fourth. The probable value and character of the property of the estate. Fifth. The name of the person for whom letters testamentary are prayed. No defect of form or in the statement of jurisdictional facts actually existing shall make void the probate of a will. SEC. 11. If the person named in a will as executor, for thirty days after he has knowledge of the death of the testator, and that he is named as executor, fails to petition the proper court for the probate of the will, and that letters testamentary be issued to him, he has renounced his right to letters, and the court may appoint |