men from the by-standers, according to the common law prac- tice. ~EC. 3. Be it further ordained and decreed, &c., That all proceedings relative to successions, matters of probate, et cetera, shall be regulated and governed agreeable to the prin- ciples and laws in similar cases in the State of Louisiana: provided, that no judge shall act as administrator, but in all cases of intestacy the next of kin; and other principles of the common law shall prevail in the appointment of administra- tors and guardians. And the judges shall proceed to complete all unfinished business which remains on file, or of record of their predecessors, under the laws of Coahuila and Texas, in- cluding all appeals which have been taken from their respec- tive municipalities to the Superior Court, the records of which shall be returned to the courts of their respective muni- cipalities, and the trials thereon be had de novo: r>rovided, that in all cases where new municipalities have been created, taken from one or municipalities, it shall be the duty of the clerk of the court of the old municipality to transmit all original papers, documents and transcripts of proceedings had in each case or suit; and all original papers and proceedings relative to successions, testamentary business of every kind, and all unfinished business and proceedings whatever, be- longing to or connected with the citizens of the new munici- pality, to the clerk of the court of the said municipality, to be regulated by the rules of practice in suits, as heretofore exist- ed in the country. SF.c. 4. Be it further ordained and decreed, &c., That the first judge of each and every municipality, shall hold Pro- bate Courts on the first Monday in every month, at the court- house or clerk's office; and for executing notarial acts, taking judgments by confession, and transacting all other business which may be done without the intervention of a jury. SEC. 5. Be it further ordained and decreed, &c., That any party dissatisfied with the decision made, or ver- dict entered against him, in any of the several courts of the municipalities aforesaid, shall have the right of ap- peal to any of the several courts in the adjoining muni- cipalities, by paying all costs that may accrue by taking such appeal, and taking and subscribing the following
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