Arizona miner., 1867-10-12
, JAMES P. T. CARTER,
 Secretary of the Territory
AN ACT


 Creating tle OEce ef P,sJIic Administrator and
 ProetdiRg for the GOrerRmeat of H.e Saae. Be it enacted by the Legislative Assembly of the Territory of Arizona.
 SgcrIos l. There shall be elected in each organized county, of this Territory, at the next general election in 1868. a Public Ad- miuistratcr, who shall be ex-officio Coroner in and for his county Each Public Admins trator, hereafter elected. shall take the Con- ssitutional official oath, and give such official bond as shall be, in amount required and fixed, by order of the Board of Supervisors of tle county, to be conditioned, secured, 3D. Fcyed, filed and recorded as the bonds of other county officers are, and snail be so con 'itioned, as to hold the principal and sUriti~s
 able for any breach thereof, made while act lg or illegally refusing to act In either ca- aRcity, the official oath shall be for the faith ll performance of the duties of both offices
 SEC. 2 The official bond of no Public Ad- sainistrator, shall be less than five thousand collars, and the Board of Supervisors msy, upon good cause shown, require at any time e new bond, or an additional bond to be given cn ten days notice in writing, and if not so given, shall thereupon declare the office ya- cant, and shall fill the vacancy by appoint ment for the remainder of the term, and shall
 
 any other cause. Every person elected to the office of Public Administrator, shall qualify sithin ten days after he shall have been de- ei.red elected. Any person appointed to the said office shall qualify in like manner. < SEC. 5. The Public Administrator of each county shall have the right, and it is hereby made his duty, to administer according to law apon the estates Of any person who died in- estate m or was at the time of lis or her death a residentof the county or had assets therein not auniinIst~-ad nr in ysRIsr county, or ofa deceased stranger, or of de- ceased testate. when no executor is appointed pr if appointed fails to qualify Unless ad- rninistered upon within one month after death of tcstate, or within the time provided by law for an intestate, by relative, by blood or marriage within the fourth degree Of consan- guinity or legal relation, or by the creditors as is now provided by law.
 SEC. f. Each Public Administrator shall in the month of December and June, in each year make verified written report to the Probate Judge, having jurisdiction in the premises Of all estates of deceased persons which have officially passed into his hands. the value of the same, the expenses if any. paid thereon and the balance of spropesty. effects 1r moneys if any, remaring in his h.ssrss, and the Judge to whom snch report is made shall cause it to be made pub { lie. bv publication or by posting as he may deem just and right
 SEC. 5 Each executor, administrators and Public Administrator on finai settlement of an estate and proper order of the Court having jurisdiction in the matter thereof or before IGml settlement upon the regular order of the loobrt aforesaid, shall pay over all monies of leach estate to the lawful heirs or legatees or s<ss1s isses thereof and if there be none of eth- Ar. then sr the Territorial Treasurer, and if 6o& same Dc escheated to the Territory, then sS Territorial Treasurer shall place the same to a separate fund, to be devoted and pledged to educational purposes.
 Sxc. 6. No Public Administrator, shall be interested in sby wise, in any expenditures of any kind, made on account of any estate of a deceased person, upon which he is admins tering, save as necessarily made in the due course sf such administration, and he shall rtstc in his semi-annual reports by affidavit. that be had not been SO interested
 SEc- 2. It shall be the duty of all persons. sstscisIly ofs! civil officers, to give all inform ation in their possession to the Public Admin }strsfor. respecting estates and their property and condition thereof Public Administra- <.,rs may. and it is hereby made their official duty, to institute maintain and prosecute all rsseeBary proceedings or actions at law or in equity, for the recovery and for the protec- tion of the property, debts, papers, or other estate of any tisoe@Ssd person, upon whose s>1zfe they may be administering.
 1<c- g. Public Administrators when acting &Sk k-oficio Coroners, shall be governed by &Ame laws, by which Justices of the Peace 4 &6 been, when so acting, and shall receive <1 sme fees allowed heretofore for such
 III. 9. The fees of Public Administrator s61<| De Eve per cent, upon the amount of the ssszfe administered by them, which per cent art sfall be tho only compensation allowed for fheir services.
 &ar. 10 Public Administrators are author sasd No administer upon the estates of de- cexse1 persons in case where by law he is en- tH[sH 10 adninistration by virtue of his office. sx1Wsu not be required to make formal ap- pIicaflon for letters of administration, nor ak3Ht ts be required to file any bond, except fubiic Administrator, provided, that the h~-@ any Public Administrator may be in-
 las provided for in section two, of this
 1k n. A3y money paid into the TeTrito- i s' Asury under the provisions of this Act, 1 sot14Dg from an escheased estate, may be | VI efsi by the rightful heirs or legatees s-'srssl m the following manner, such heir, hsars- *f stse or leVsf4As -,nt their
 ,.i fl ft... -I..l I...s . 5