Page:United States Statutes at Large Volume 32 Part 1.djvu/592

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

526 F IFTY-SEVENTH CONGRESS. Sess. I. Ch. 1329. 1902. by law directed to be recorded in said court, and to lodge every original paper filed with him in such place of safety as the court may appoint. He shall make out and issue every summons, process, and ord); of the court, and in every respect act under its control and direction in reference to matters coming within the jurisdiction of said m'f*!<> d=P¤°°¤ *°· court. He shall be, and hereby is, authorized to appoint two deputies, ormed. . . who may do and rform any and all the acts necessary in the administration of his o£de and the certification of the records of said court which he himself is authorized to do; also to appoint and iix the nun1— ber and the compensation of the employees of said probate court and gow- office of register of wills: PmvidedFTh’at any expenditures incurred penditures. . . . . by him in so doing shall not be a charge upon the public Treasury, but shall, to ether with his own compensation, at the rate of four thousand dollars r annum, be paid out of the revenues of the office E¤=P¤¤¥¤¤¤ ll¤**°°· of register of wm: And promded further, That the employees of said office shall not be in excess of the number actually necessary for the proper conduct of the office of said register of wills. {3}*;} Amend section 129 gy striking out in the second line thereof the ’ word "hereinafter" an inserting in lieu thereof the word "herein." $g}g,g'lf$f*“· Amend section 130 by striking out from the end thereof, "If the ' ’parties in interest, or any of them, be unknown, u‘p0n statement of ‘ that fact in the petition under oath, they may be escribed therein, and in the notice y publication, as the unknown heirs and next of kin of the decedent, with like effect as if known and specifically named in ghg petition, notice, and proceedings," and insert in lieu thereof the o owm : "°*’“°•“°"· "In ah cases where it is made to appear to the satisfaction of the court that all or any of the next of kin or heirs at law of the deceased are unknown, such unknown next of kin or heirs at law may be roceeded a inst and described in the publication of notice hereiubefore providedgiior as ‘the unknown next of kin,’ or ‘the unknown heirs at aw,’ as the case may be, of the deceased, and by such publication of such notice under such designation such unknown next of kin and heirs at law shall be as ctfectually bound and concluded as if known and their names were specifically set forth in said order of publication. 1"¤¤¤=¢¤>¤>¤¤*¢- "In case any will shall have been heretofore admitted to probate upon publication against unknown heirs or next of kin, any erson interested may tile a petition for further probate of such will, aiieging that the heirs at law or next of kin of the deceased, or some of them, as the case may be, are unknown, and upon satisfactory showing being made to the court publication of notice may be made against the C°¤¤¤¤*¤*°¤· unknown next of kin or heirs at law of the deceased; and upon such publication being made, as required by the court, a decree may be made conlirming such previous probate, and such decree so made shall be as effectual as if the said heirs at law or next of kin were named in the order of publication." wmgzgghg mu Amend section 140 by striking out in the sixteenth and seventeenth ven. an, p.1213 lines thereof the words “a copy of the issues and notification of trial," and by inserting in lieu thereof the words " the substance of the issues and of the date fixed for the trial thereof." Amend section 142 so that it will read as follows: '{.;'{',‘;' g“;;{}¥“°’· “Sec. 142. Tami. or ornna ISSUES·—··Tl10 trial of other issues nd- 'ing in said court than such as relate to the execution or validity ofpviills

  • °°*°"‘¥ °‘l“*’¤°· shall also be had in said court. For the trial of issues not relating

to wills the justice holding said court shall have authority to fix the time of trial and determine the notice thereof to be iven." §g{{°:°,g{f- Amend section 143 by striking out in the second line thereof the `word " trial ” and inserting in lieu thereof the word "proceeding." Amend section 144 by inserting in the eighth line thereof. after the word ‘“ unless.,” the words “and untii." "