SECTION 1. In all cases in which any city or town in this State shall be indebted to any person or persons, on any account whatsoever, a warrant or voucher shall be drawn on the treasurer of such city or town, for the whole amount found due to such person, by the tribunal having power to audit and allow claims against such city or town; and such tribunal shall not, in any case, draw more than one warrant or voucher for the amount allowed to one individual at one time. SEC. 2. No warrant or voucher drawn on the treasurer of any city or town, shall be drawn in favor of any other person than the one to whom the same may be due, and such warrant or voucher may be in the form now prescribed by law. SEC. 3. No treasurer of any city or town in this State, shall pay any warrant or voucher drawn on him, unless such warrant be presented for payment by the person in whose favor such warrant is drawn, or his assignee, or executor, or administrator. SEC. 4. Any officer or officers of any town or city, that shall be guilty of violating the provisions of this chapter, shall be deemed guilty of a misdemeanor in office; and for every such violation, shall be fined, in a sum not exceeding five hundred dollars, to be recovered by indictment. APPROVED: March 3, 1845. SECTION 1. There shall be but one standard of measure of length and surface, one of weight and one measure of capacity, throughout this State, which shall be in conformity with the standard of measure, length, surface and weight established by Congress. SEC. 2. All commodities sold by heaped measure, shall be duly heaped up in the form of a cone, the outside of the measure, by which the same shall be measured to the extremity of the base of such cone, and such cone to be as high as the articles to be measured will admit. SEC. 3. The measures used for measuring dry commodities not heaped, shall be stricken with a straight stick or roller, and of the same diameter from end to end. SEC. 4. Contracts hereafter to be executed, made within this State, for any work to be done, or for any thing to be sold, delivered, done or agreed for by weight or measure, shall be taken and construed to be made according to the standard weight and measure thus ascertained. SEC. 5. The hundred weight shall consist of one hundred pounds, and twenty such hundreds shall constitute a ton. SEC. 6. Whenever wheat, rye, Indian corn, barley, buckwheat or oats shall be sold by the bushel, and no special agreement as to the weight or measurement shall be made by the parties, the bushel shall consist of sixty pounds for wheat, of fiftyfour pounds of rye, of fifty-two pounds of Indian corn, of forty-four pounds of barley, of forty pounds of buckwheat, and thirty-two pounds of oats. SEC. 7. The following original standards, made in conformity to the provisions of this chapter, to-wit: A yard, a pound, a liquid gallon, and a half bushel, shall be procured by the State sealer of weights and measures, and deposited in a chest in his office, which shall only be opened for the sole purpose of comparing such standards with the copies hereinafter described, unless by a joint resolution of the two houses of the legislature, or on the call of either house for information, or by the order of the Governor for scientific purposes. SEC. 8. Copies of the said original standards, to be made of such materials as the State sealer shall direct, shall be deposited by him in the offices of the county sealers of the respective counties of this State, at the expense of said counties, who shall severally be responsible for the preservation of the copies respectively delivered to them. SEC. 9. The State sealer shall cause to be impressed on each of the copies of such original standards, the letter "I," and such other additional device as he shall direct, for the particular county; which device shall be recorded in the State scaler's office, and a copy thereof delivered to the respective county sealers. SEC. 10. The several county sealers shall compare all weights and measures which shall be brought to them for that purpose, with the above mentioned copies of such standards in their possession; and when the same are found or made to conform to the legal standards, the officer comparing them shall seal and mark such weights and measures. SEC. 11. It shall be the duty of the county sealers of weights and measures, to compare the copies in their possession once in every ten years, with those existing in the office of the State sealer; and every county sealer who neglects to have the copies in their possession compared as aforesaid, shall pay into the county treasury fifty dollars for county purposes: whenever any county sealer fails for one month to pay the aforesaid penalty, it shall be the duty of the county commissioners' court, to commence suit therefor in their own name, before any justice of the peace of the county, and when collected, the same shall be paid into the county treasury for the uses aforesaid. SEC. 12. Each county scaler shall be entitled to receive for his services, at and after the following rates: For sealing and marking every beam, six and a quarter cents; for sealing and marking measures of extension, at the rate of six and a quarter cents per yard; not to exceed twenty-five cents for any one measure; for sealing and marking every weight, two cents; for sealing and marking liquid and dry measures, if the same be of the capacity of a gallon or more, six and a quarter cents; of less than a gallon, two cents: they shall also be entitled to a reasonable compensation for making such weights and measures conform to the standard established by this chapter. SEC. 13. If any person or persons shall hereafter use any weights, measures or beams, in weighing or measuring, which shall not be conformable to the standards of this State, established by this chapter, whereby any purchaser of any commodity or article of trade or traffic shall be injured or defrauded, such purchaser may maintain an action on the case against the offender; and if judgment shall be rendered for the plaintiff, he shall recover five times the damages with costs of suit. SEC. 14. The secretary of State shall be, ex officio, State sealer of weights and measures, and the clerks of the county commissioners' court shall be county sealers of weights and measures for their several counties. APPROVED: March 3, 1845. CHAPTER CIX. WILLS. SECTION 1. Who capable of making will, devising estate, real and personal. 2. Wills, testaments and codicils to be in writing; how signed; how witnessed; how proved before probate court; fraud, compulsion, &c., when to invalidate will; when satisfactorily proved, will to be recorded; its effect. 3. Duty of witnesses to appear before court of probate and prove will; punishment for refusal. 4. How testimony of non-resident witnesses taken. 5. If probate justice be a witness, will may be proved before circuit court; clerk of court to certify will to probate court; cffect of will thus proved. 6. When will is presented, to be proved and letters testamentary granted without delay; will may be contested within five years; proceedings in such cases. 7. When subscribing witness be dead, how will may be proved. 8. Wills proved and properly authenticated out of this State, to be recorded and of force in this State. 9. Nuncupative will, how proved; to be committed to writing; its effect; fraud and compulsion may invalidate will; to be recorded; letters testamentary not to be granted until after sixty days. 10. In case of nuncupative will, heirs, &c., to be notified to appear and make objection; if none be made, letters to be granted. 11. If devisee be subscribing witness, will to be void as to him, unless otherwise proved; rights of such witness, how preserved. 12. Debtor not discharged from liability by being chosen executor. 13. Children born subsequent to execution of will, how provided for. 14. Estate, how disposed of, if devisee die, and the will contain no provision for such contingency. 15. How will may be revoked or cancelled. 16. Wills to be recorded; authenticated copies to be evidence. 17. In what county will shall be proved. 18. Person having will, to deliver same to court of probate on death of testator; how compelled to do so, or punished for refusing; destroying or secreting will, punished as larceny. 19. Executors, when entitled to letters testamentary; on their failure to act, letters of administration to be granted. 20. Duty of executors; on appointment to have will recorded; may refuse to act; penalty for neglect to act, without just excuse; penalty, how recovered. 21. If executor refuse to administer, who shall be appointed administrator. 22. Executor of executor not to be executor of first testator. 30. 31. When, by division of county, administrator is thrown into new county, how to proceed. Letters of administration, obtained by fraud, may be revoked. 32. Probate court to try issue if fraud in such case. 33. On such revocation, letters to be granted anew. 34. On resignation of administrator, another to be appointed; resignation not to affect release. 35. In case of contest or delay, in procuring probate of will, court may appoint administrator for the time during which such contest or delay exists. 36. Form of letters granted to such person. 37. Form of bond to be given. 38. Form of oath to be taken. 39. Duty of person so appointed; his compensation. 40. Power to collect debts, &c.; suits brought, &c. 41. On appointment of administrator, person ap pointed pro tem., to deliver assets to such administrator; penalty for refusal; how sued for and recovered. 42. Estate not bequeathed, how distributed. 43. Creditor may, in certain cases attest will. 44. If, by renunciation of benefits of will by the widow, legacies be diminished, how loss apportioned. 45. If widow commit waste, how liable; second husband liable therefor. 46. What deemed intestate estate; how such estate disposed of; rights of heirs; rights of wid. ow; of collaterals, &c. 47. Estate of wife, when one-half to go to husband. 48. Separate property to be retained by widow, free from debts; how set apart to her. 49. Widow may relinquish specific articles and take others, or money in lieu of them. 50. Right of widow to separate property not affec ted by her renouncing, or failing to renounce benefits of will. 51. Persons, having received advancement out of estate, may return the same and receive same benefits of will, as other distributees. 52. Intermarriage of parents to legitimate children; and entitle them to share in estate. 63. Illegitimate children to inherit estate of mother. SECTION 54. Posthumous children to share in estate of pa rent. 55. Husband to administer upon estate of wife; wife upon estate of husband; when next of kin, creditors, indifferent person or public administrator; proof of death of intestate to be made. 56. Public administrators, how appointed. 57. When administration to be granted to the public administrator. 58. Further powers and duties of public administra tor. 59. Oath of public administrator. 60. Bond required of public administrator; on neglect, his office vacated. 61. If, after letters are granted to public administrator, other persons be found entitled thereto, first letters to be revoked and new granted; when application therefor to be made; compensation of public administrator. 62. Balance remaining in the hands of public administrator after payment of debts, how disposed of. 63. Public administrator may, in first instance, protect property of intestate, until letters to proper person can be perfected. 64. When person, other than kin or creditors apply for letters, how to proceed. 65. Form of letters to executors. 68. Bond, form of; how to be executed. 69. Bonds, how prosecuted; effect of recovery; costs in suits thereon; certitied copies of bonds to be evidence. 70. Administrator of executor or administrator, his rights and duties. 71. Letters of administration to be revoked, if will be produced. 72. If such will be afterwards set aside, letters de bonis non granted. 73. If persons having received letters become in competent, letters to be revoked, and others granted; such revocation to be recorded. 74. Executor or administrator residing or removing out of State, or neglecting to render accounts, &c., to be removed, and others appointed. 75. If the office of one of several executors or ad ministrators become vacant, may be filled, &c.; if office of all is vacated, how filled; liability of one whose letters are revoked; actions may be maintained by successor. 76. Construction of words and phrases. 77. False pleading not to make administrator or executor liable beyond value of assets. 78. Court of probate may demand additional security; on refusal, may revoke letters; effect thereof. 79. Securities apprehensive of loss, by acts of principal, how relieved. 80. Condition of new bond. 81. Inventory to be made and filed in probate court; what facts it shall contain. 82. Warrant of appraisement to be granted; form thereof; fee of probate justice therefor; va cancy, how filled. 83. Oath of appraisers; their duties. 84. Appraisement bill to be certified, and filed in oftice of probate justice. 85. Inventories, bills of appraisement, and copies thereof to be prima facie evidence. 86. New assets found, to be inventoried, appraised, and return thereof made. 87. Appraisers' fees. 88. If estate be found solvent, widow may elect her share of estate; duty of executor or administrator to set apart to her, her share; pen SECTION alty for neglect or refusal to do so; how sued for and recovered. 89. Inventories, &c., to be successively made; what facts to be reported to probate court from time to time. 90. Persons having effects belonging to estate, and concealing the same, how compelled to account for and surrender the same. 91. Books of deceased person subject to inspection. 92. Executors and administrators chargeable with estate received. 93. Sales of real estate, when directed in will, how made, and when valid. 94. Property of deceased not to be removed out of this State; if done, letters to be revoked, and suit brought on bond; verdict of jury; meas ure of damages. 95. Time to be fixed for adjusting accounts; notice to be given to creditors; how given; creditors not presenting claims, their rights; costs, when estates answerable for; execution to be stayed one year. 96. Sale of assets; notice thereof; terms of sale; when estate not to be sold, but distributed in kind. 97. Crops may be disposed of; when to be sold, &c.; avails thereof to be assets. 98. Clerk and crier at sale; their compensation; hours of sale; when sale void. 99. Sale bill to be returned to probate court, after sale of effects; to be certified by clerk and crier. 100. Claims not due, may be presented and allowed, after deducting rebate of interest. 101. Suit not to be brought against executor until the expiration of one year; exception; costs, when not to be recovered. 102. Suit not to be brought after one year subsequent to final settlement of accounts. 103. When personal estate is found insufficient to pay debts; executor or administrator may pe tition circuit court, for leave to sell real estate; notice of such petition to be given; what statements to be filed with petition. 104. Court to hear petition and examine proof, &c., of parties interested; may, if proper, order sale of real estate; property divided and sold, in what manner; overplus, how disposed of. 105. Who shall make sale and execute conveyance; what conveyance shall set forth; its effect. 106. Sale to be at public vendue; hour of sale; place of sale; notice of sale, how given; penalty for selling contrary to law; sale to be valid not withstanding informality; credit may be given; security to be taken. 107. Guardian ad litem to be appointed for infant heirs or devisees. 108. Real estate not to be sold until personal estate is applied in payment of debts. 109. Appeals allowed; when to be taken. 110. Assets, arising from the sale of real estate to be applied in payment of debts. 111. Certificates of United States' lands, bought, but not paid for, may be sold; avails, how applied. 112. When such lands may be patented. 113. General provisions as to United States' lands patented, but not paid for. 114. When estate is insolvent, entry thereof to be made; suits afterwards brought against estate, to be at cost of creditor suing; when real estate is required to be sold, suit not to be brought, until avails are received; probate court may coerce application to circuit court for sale of real estate. 115. Classification of demands against estate; to be paid in their order; debts not exhibited in two years, barred, except other assets be found |