Weekly New Oregon plain dealer. (New Oregon, Howard County, Iowa) 1866-1867, 1866-10-19
WHOLE NO. 361.

| bate IN this State.
| ) &c. g. If there be no heirs or devisee
of a testator or intestate present or comrc-
tent to take possession of the real estate
( left by any such testator Or intestatc. the
executor or administrator Of his personal
, estate may, as trustee for the proper heirs
! or devisces, take possession OF such real es-
tate. and demand and receive the rents
| and profits arising thcrcfrom, and sue for
and recover the same, and do all other
acts and things relating to such real cs-
tate which may be for the benefit OF the
person entitled thereto and consistent with
their rights and interests.
Sec. 4. Such executor or administrator
shall account to such heirs or dcysecs
for any rents, profits. or use of such real
| estate which he shall have received, de-
ducting therefrom reasonable compensa--
tion to be determined by the court.
Sec ). Such executor or administrator.
under TIE order and direction of the court.
may apply any proceeds derived by him az
aforesaid from such real estate, to the pay
mcnt of taxes, debts, and claims against
the estate Of the tcstator or intcstatc liz
case the personal assets are insufficient
See g. Ii shall be the duty of eXeeI-
tors and administrators, when any OF the
nor- for whom no guardians have been A.
pointed, to pay our of any assets i'll the hand.
Of any such executors or administrators,
any taxes assessed against the real or per
sonal estate of the decedcnt before ana
after his death, when no other provisions
are made therefor: and every such pay
ment shall be credited to such executor Or
| administrator rs the payment OF ether
claims against the estate otthc decedent.
See Z. Af er lett, RS tes ment ,ry, or ot
! administration with the will annexed or Of
| administration, shall have been granted t"
| any person, he may be removed and his
| letters suspended whenever the interests
OF the estate gcquir il, foc any Of the io!-
lowing causes:
| lst. When Hy reason OF aG", contHac;
sickness, imbcciii;y Of mind, OF change OF
residence, or if any such executor or ad-
ministrator shHll. from any other cause,
become incapable of discharging his trust
! III such manner a. the interest and proper
! management Of the estate may require.
2l When any such executor or admin
istrator shall ftil or refuse to return lnven-
tories or accounts Of sales Of the estate, or
to make reports of the condition OF the cs-
t .tc and apply for orders of the court t"
sci! personal or real estate for the pay
mcnt Of debts and claims against the same
when it shall he necessary, or shall waste
CT be guilty Of any mal-sdmlnistratlch
thereof
Sd When i, shall be shown to the
cpur; ly his surctcs that such executor
or administrator hiss become. or Is likely
to become insolvcnt, i'll consequence "f
which such surctics have or will suffer loss.
Sec. g. applications forEthe:removal Of
executors or administrators, or for the pur-
pose Of requiring additional surcties, shall
tr made i'll the court FROM which letters
wcr" i~s''cd. L.. any person. Interested in
the cSt.:tc.
See" .. Such application must be in
writing. and verified by oath, and shall
specify the grounds Of complaint.
See. 10. Upon the filing Of such az
plcation, Il citation shall issue to the per-
son complained Of requiring him to APP
pear and answer the complaint, which eta
don shall be served ten days before hear
ing such complaint. unless sufficient cause
b shown for making il rcturnablc forth
With.
See. II. II thc executor or adminiS;ra-
tor i not /. resident of the county where
such complaint is made, notice thereof
sla!l b" served upon him in the same man
nor #s original notices arc now, or may
hereafter be required to be served upon
defendants to civil actions in the District
Court. wEo m@y be non-rcSilcnts of the
county in which the action is brought.
See. -. fifth" determination of the Court
upon the hearing ofthe complaint, is against
the executor or administrator, he may be
removed and his letters suspended: and he
may be- required to file. under oath, . full
account Of his acts relative to the MANAGE
mcnt of the estate, and may be examined
under oath IS to.any matter touching the
same.
Srr. -. Upon the removal of any exc.
cutor or administrator. he shall be rcquir-
ed, by order of the Court, to deliver to
the person who may be entitled thereto, all
the property in his hands. or under his con-
t.'ol belonging to the estate.
Sec. A. If such executor or admins
traitor disobcys the order Of the Court in
fling his account, or refuses to be examn-
ed under oath. or to deliver the property,
as provided in this Act, he may he COM
mitted to the Jail of, the county until
compliance be yielded.
See. -. In case Of any unnecessary or
unreasonable delay on the part of any ex.
ecutor or administrator. the Court may by
citation, compel him to render an account
Of the estate as if a complaint had been
IN de for that purpose.
See. l6 Whenever the letters of any
executor or administrator are revoked or
superseded, all his authority shall cease,
and all acts thereafter as such Shall be alb
solutcly void
See. II. Al acts and parts of acts in
consistent with the provisions of this act,
are hereby repealed
Approved April Sd, 1856
CHAPTER lao.
EEIRESENTATivE DISTRICTS.
IN "ct arportioning the State of Iowa
into Representative Districts.
Sec /. Be it enacted by the General As
scmbly Of the State Of Iowa, That one Rep
rcscntativc to eight thousa nd five hundred
inhabitants, or fraction thereof equal to one
halfin each Representative District is here
hy constituted the ratio of apportionmcnt.
LIST District-sec .. Lee is the first dis.
trict, and entitled to three Representatives.
ID District-sec Van Buren county is
the second district, and entitled to two Rep.
rcsentatiycs.
81 District--sec 4. Davis county is the
third district, and is entitled to two Kerre-
sentatiycs
itl District--sec 5. Appannoose county
is the fourth district. and entitled to one
Representative.
5th District--sec 6. Wayne county is
the fifth district, and entitle1.to one Repre-
sentative.
9Th District-sec Z. Decatur county la
the sixth district, and entitled to one Repre-.
sentative