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9. Probate judges and administrators of the estates of persons dying intestate within this Territory, shall apportion and distribute estates of intestates according to this Act.

10. The rule of descent of all property of whatsoever kind or nature, real or personal, of any bastard or illegitimate person, dying intestate in this Territory, and leaving property and effects therein, shall be as follows, to wit: On the death of any such person intestate, his or her property, estate and effects shall descend to and vest in the widow, or the surviving husband and children, as the property and effects of other persons in like cases. In case of the death of any such illegitimate person leaving no children, or descendants of a child or children, then the whole property and estate, rights, credits and effects shall descend to and vest in the widow or surviving husband. In case of any such illegitimate person leaving no widow, surviving husband, or descendants, then the property and estate of such person shall descend to and vest in the mother and her children, and their descendants; to the mother one-half, and the other half to be equally divided between her children and their descendants, the descendants of a child taking the share of their deceased parent or ancestors. In case of the death of any such illegitimate person leaving no heirs as above provided, then the property and effects, of whatsoever kind or nature, shall pass to and vest in the next of kin to the mother of such illegitimate person, in the same manner as the estate of a legitimate person would, by law, pass to the next of kin.

11. If any decedent leaves a widow residing in this Territory, in all cases she shall be allowed to have and retain as her sole and separate property one bed and bedding, wearing apparel for herself and family, two cows, her saddle and bridle, one horse, household furniture for herself and family, and also the same amount and species of property, real and personal, as is or may be by law exempt from execution. Said property shall be retained by the widow, and set apart to her by the executor or administrator, and shall in no case be subject to the payment of debts of the deceased.

12. When an inventory shall have been made of the personal estate of any testator or intestate, the widow may relinquish her right to all of the specified articles of property allowed to her by

the preceding section; or in case the intestate shall not leave any or all of the articles specified, in either case she shall be entitled to other property, or the value of the same in money; and it shall be the duty of the administrator or Court of probate to allow the value of the articles specified by law to be set apart to the widow of any intestate, to be allowed her in money, or other personal property, at her election.

13. The right of a widow to her separate property shall in no case be affected by her renouncing, or failing to renounce, the benefit of the provisions made for her in the will of her husband, or otherwise.

CHAPTER XIV.

DEPOSITIONS.

No person is disqualified as a witness by reason of his interest in the event of suit.

Depositions may be taken as soon as a case is commenced, and may be used when the witness does not reside in the county where the action is pending, or is absent therefrom; or when from age or infirmity or imprisonment of the witness he is unable to attend Court, or is dead; or when in any case oral examination is not required; or in cases of appeal from Justices' Courts.

They may be taken in or out of the Territory, before a justice of the peace, chancellor, or judge of any Court of record, notary public, mayor, or chief magistrate of any city or town corporate, a commissioner appointed by the Governor of the Territory, or any person authorized by special commission from the Territory.

They may be taken in narrative form or by questions and answers, except in chancery cases, in which they must be taken on interrogatories and cross-interrogatories, settled before issuing the

commission. In law cases they may be taken on notice or commission issued by the clerk of the Court.

CHAPTER XV.

JUDICIAL RECORDS.

The judicial records of another State must be proven in accordance with the provisions of the Act of Congress, except judgments of justices of the peace, whose proceedings may be authenticated by his own certificate, supported by the official certificate of the clerk of any Court of record in the county in which such justice resides, that his signature is genuine, and that he is an acting justice of the peace of that county.

CHAPTER XVI.

ACKNOWLEDGMENTS.

Deeds or mortgages, executed within this Territory, of lands or any interest in lands, shall be executed in the presence of two witnesses, who shall subscribe their names to the same as such; and the person executing such deeds or mortgages may acknowledge the execution thereof before any judge or commissioner of a Court of record, or before any notary public or justice of the peace

within the Territory; and the officer taking such acknowledgment shall indorse thereon a certificate of the acknowledgment thereof, and the true date of making the same, under his hand, and seal of office if there be one.

If any such deed or mortgage shall be executed in any other State, Territory or District of the United States, such deed or mortgage may be executed according to the laws of such State, Territory or District, by any officer authorized by the laws of such State, Territory or District to take the acknowledgment of deeds or mortgages therein, or before any commissioner appointed by the Governor of this Territory for such purposes.

In the cases provided for in the last preceding section, unless the acknowledgment be taken before a commissioner appointed by the Governor of this Territory for that purpose, such deed or mortgage shall have attached thereto a certificate of the clerk or other proper certifying officer of the Court of record of the county or district within which such acknowledgment was taken, under the seal of his office, that the person whose name is subscribed to the certificate of acknowledgment was, at the date thereof, such officer as he is therein represented to be, that he knows the signature of such person subscribed thereto to be genuine, and that the deed or mortgage is executed and acknowledged according to the laws of such State, Territory, or District.

CHAPTER XVII.

LIMITED PARTNERSHIPS.

There is no statute concerning limited partnerships in the

Territory.

CHAPTER XVIII.

MARRIED WOMEN.

Married women retain their property, real and personal, which they had at marriage, or which they acquire thereafter from any person other than their husband, in good faith, as their own, free from the husband's control, and free from liability for his debts. They may bargain, sell and convey personal property as if they were sole; may make a will, be sued and sue as if they were sole; may carry on any trade or business on their own account. The husband is not liable for the debts of the wife contracted before marriage. When judgment is rendered against both for the tort of the wife, the judgment must be satisfied first out of the property of the wife, if she have any.

CHAPTER XIX.

CHATTEL MORTGAGES.

Chattel mortgages must be executed in the presence of two witnesses, and acknowledged before some one authorized to take acknowledgment of deeds, and filed in the office of the county recorder of the county where the property is; and it then becomes a lien on the property described therein for one year; and if it so provide, the property mortgaged may be left in possession of the mortgagor. All goods and chattels may be mortgaged.

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