notice, when the estate exceeds in value $3000, and four months when it does not. If a claim be not presented within the time above stated, it shall be forever barred; however, if it be not then due or is contingent, it may be presented within one month after it shall become due or absolute; and when it shall be made to appear by the affidavit of the claimant, to the satisfaction of the executor or administrator, and the Probate Judge, that the claimant had no notice by reason of being out of the Territory, it may be presented at any time before a decree of distribution is entered. Every claim presented to the executor or administrator shall be supported by the affidavit of the claimant, that the amount is justly due, that no payments have been made thereon, and that there are no off-sets to the same to the knowledge of the claimant or other affiant; provided, that when the affidavit is made by any other person than the claimant, he shall set forth in the affidavit the reason it is not made by the claimant.

The affidavit may be sworn to before any officer authorized to take oaths.

When a claim is presented and allowed by the executor or administrator, it shall then be presented to the Probate Judge for his approval, and within thirty days thereafter filed with the Probate Court.

If a claim be founded upon a bond, note, or other instrument, the original instrument shall be presented. If the claim be secured by a mortgage or other lien, such mortgage or other evidence of liens shall be attached to the claim, and filed therewith, unless the same be recorded in the office of the Recorder of the county in which the land lies, in which case it shall be sufficient to describe the mortgage or lien, and refer to the date, volume and page of its record. In all cases the claimant may withdraw his claim from file on leaving a certified copy, with a receipt endorsed thereon by himself or agent.

After a claim is rejected, suit must be brought thereon within three months, or it is forever barred; if it be not then due, suit must be brought within three months from the time it falls due. An outlawed claim must not be allowed.

When a judgment has been rendered against the testator or intestate in his life-time, no execution shall issue thereon after his death; but a certified copy of such judgment shall be presented to the executor or administrator, and be allowed, and filed and rejected as any other claim, but need not be supported by the affidavit of the claimant; and if justly due and unsatisfied, shall be paid in due course of administration; provided, however, that if the execution shall have been actually levied upon any property of the deceased, the same may be sold for the satisfaction thereof, and the officer making the sale shall account to the executor or administrator for any surplus in his hands. The executor or administrator may, however, require the affidavit of the claimant, or other satisfactory proof, that the judgment, or any portion thereof, is justly due and un

satisfied.

CHAPTER XII.

AFFIDAVITS AND DEPOSITIONS.

An affidavit taken in another State or Territory, to be used in this Territory, shall be taken before a Commissioner appointed by the Governor of this Territory to take affidavits and depositions in such State or Territory, or Notary Public, or Clerk of a Court having a seal.

The deposition of a witness out of the Territory may be taken in an action at any time after the service of the summons or the appearance of the defendant.

Depositions of witnesses may be taken in the following

cases:

1. When the witness is a female.

2. When by reason of age, infirmity, sickness, or official duty, it is probable that the witness will be unable to attend Court.

3. When the witness resides without the Territory or county in which the suit is pending, or more than fifty miles from the place of trial.

4.

When the witness has left or is about to leave the Territory or the county in which the suit is pending, and will not probably be present at the trial.

5. Whenever the party desires to perpetuate the testimony of a witness.

Either party wishing to take the deposition of a witness in a suit pending in Court, shall file with the Clerk or Justice of the Peace, as the case may be, a notice of his intention to apply for a commission to take the answers of the witness to interrogatories attached to such notice. The notice shall state the name and residence of the witness, or the place where he is to be found, and the suit in which the deposition is to be used, and a copy thereof, and of the attached interrogatories, shall be served upon the adverse party or his attorney of record five days before the issuance of a commission.

Whenever one party may file interrogatories, for the purpose of taking the deposition of a witness, the opposite parties may file cross-interrogatories at any time before the commission issues, and a copy of the same shall accompany the direct interrogatories, and shall be answered and returned forthwith.

The commission shall be addressed to the following officers, either of whom may execute and return the same:

1. If the witness be alleged to reside or be within the Territory: to any Clerk of the District Court, or any Notary Public of the proper county.

2. If the witness be alleged to reside or be without the Territory, and within the United States: to any Clerk of a Court of Record having a seal, any Notary Public, or a commissioner of deeds duly appointed under the laws of this Territory, with some other State or Territory.

3. If the witness be alleged to reside or be without the United States: to any Notary Public, or any Minister, Commissioner, or Charge d'Affaires of the United States resident in and accredited to the country where the deposition may be taken, or any Consul-General, Consul, Vice-Consul, Commercial Agent, Vice-Commercial Agent, Deputy Consul or Consular Agent of the United States resident in such country.

Depositions may be returned to the Court either by mail, by a party interested in taking the same, or by any other person. If sent by mail, the postmaster or his deputy mailing the same shall indorse thereon that he received them from the hands of the officer before whom they were taken; and the Clerk or Justice taking them from the Post-office shall indorse on them that he received them from the Post-office, and sign his name thereto. If sent otherwise than by mail, the person delivering them into the Court shall make affidavit before the Clerk or Justice that he received them from the hands of the officer before whom they were taken; and that they have not been out of his possession since, and that they have undergone no alteration.

CHAPTER XIII.

ACKNOWLEDGMENTS.

The proof or acknowledgment of every conveyance affecting any real estate shall be taken by some one of the following officers.

1. If acknowledged or proved within this Territory: by some Clerk of a Court having a seal, or some Notary Public or Justice of the Peace of the proper county, or County Recorder.

2. If acknowledged or proved without this Territory and within the United States: by some Clerk of any Court of the United States, or of any State or Territory having a seal, or by any Commissioner appointed by the Governor of this Territory for that purpose, or by a Notary Public.

3. If acknowledged or proved without the United States: by any Notary Public, or by any Minister, Commissioner, or Charge d'Affairs, Consul-General, Vice-Consul, Commercial Agent, Vice-Commercial Agent, Deputy Consul, or Consular Agent, or Consul of the United States appointed to reside in such foreign country.

Every officer who shall take the proof or acknowledgment of any conveyance affecting any real estate shall grant a certificate thereof, and cause such certificate to be indorsed or annexed to such conveyance. Such certificate shall be:

When granted by an officer who has a seal of office, under the hand and official seal of such officer.

The certificate of such acknowledgment shall state the fact of acknowledgment, and that the person making the same was personally known to the officer granting the certificate to be the person whose name is subscribed to the conveyance as a party thereto, or was proved to be such by the oath or affirmation of a credible witness, whose name shall be inserted in the certificate, and that such person acknowledged the same for the purpose and consideration therein expressed.

A married woman may convey her real estate without her husband joining in the conveyance. No acknowledgment to be made by a married woman to the homestead, unless she be personally known to the officer taking the same to be the person whose name is subscribed to such conveyance as a party thereto, or shall be proved to be such by a credible witness; nor unless such married woman shall be made acquainted with the contents of such conveyance, and shall acknowledge on an examination, apart from and without the hearing of her husband, that she executed the same freely and voluntarily, without fear or complusion, or undue influence of her husband, and that she does not wish to retract the execution of the same.

CHAPTER XIV.

MARRIED WOMEN.

All property, both real and personal, of the wife, owned by her before marriage, and that acquired afterward by gift, bequest, devise or descent, shall be her separate property, and is not subject to the debts of her husband.