ainrn^ll Ham irlynnl IGihraty KF 170.04™" """"""" '-"'"'>' 3 1924 022 835 163 Cornell University Library The original of tliis book is in tlie Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924022835163 PRACTICAL FORMS AND PRECEDENTS, TOR LAWYEKS, COMMISSIONERS, NOTARIES, JUSTICES OF THE PEACE, CONYETANCEES, Ac, &0., IN ALL THE STATES OF THE UNION, WITH FORMS AND INSTRUCTIONS FOB THE EXECUTION AND AUTHENTICATION OF DEEDS FOB ALL THK STATES; Forms for Taking, Certifying and Returning Depositions of Witnesses FOR ALL THE STATES; THE LAWS RELATING TO THE COLLECTION OF DEBTS IN ALL IBE STATES ; THE EXEMPTION LAWS OF EACH STATE; THE STATUTE OF LIMITATIONS OP EACH STATE ; LEGAL BATES OF INTEBEST AND PENALTIES FOB USUBY IN EACH STATE ; COMPLETE FOEMS AND INSTBUCTIONS FOE THE NATUBALIZATION OF ALIENS, &C. COMPLETE FOEMS AND INSTBUCTIONS FOE PBOCUEING PATENTS, '> WITH A DIGEST OF PATENT DECISIONS; FORMS AND INSTRUCTIONS FOR PROCURING BOUNTY LANDS, WITH ALL THE ACTS OF CONGRESS; FOEMS AND Kf&TEFOTIONS FOE NOTAEIES PUBLIC; DIGEST OF DECISIONS IN BELATION TO BILLS AND NOTES, PEOTESTS, AND THE POWEES AND DUTIES OF NOTABIES PUBLIC. BY IMCONT&OMIEJRY G-IBBS, OF THE NEW YORK BAR, . , 2Mary and Commiaaioner fir the Statet. - / . . ^. '• ^,f^ ' --^ cv -\ ^ — »♦" — " >•; eil. -^ S r? THIRD EDITION. j f-', oi' ^O § = -m LEWIS 8c BLOOD, LAW BOOKSELLERS AND PUBLISHERS, 86 John Street. 1860. Entered according to Act of Congress, in the year 1854, by LEWIS & BLOOD, In the Clerk's Office of the District Court for the Southern District "oS New York. . H. TINSOX, PBiaiiii ini) Snaartm, Rear of 43 k 4S Csatre St., K. T M> SEP mi INDEX TO THIRD EDITION. Forms and Instructions for the Execution and Authentication of Deeds, for all the States 9 to 97 STATES. PAOE Maine, 10 New Hampshire, 11 Vermont, 12 Massachusetts, 18 Bhode Island, 14 Connecticut, 16 New York 11 New Jersey, 41 Pennsylvania, 42 Delaware, 45 Maryland, 47 Virginia, 49 North Carolina, 51 South Carolina, 63 Georgia, ; 56 Florida, 68 STATES. PAGE Alabama, 60 Mississippi, 61 Louisiana, 63 Texas, 64 Arkansas, 66 Tennessee, 67 Kentucky, 69 Ohio, 71 Michigan, 78 Indiana, 76 Illinois, 77 Missouri, 70 Iowa, 82 Wisconsin, 84 California, 92 District of Columbia, 94 Forms and Instructions for Taking, Certifying, and Returning Depositions of Witnesses, for all the States, 97 to 127 General Instructions, 98 Maine, New Hampshire, and Ver- mont, 100 Massachusetts, 101 Rhode Island 102 Connecticut and New York, 108 New Jersey, 106 Pennsylvania, 108 Delaware and Maryland, 109 Virginia and North Carolina,.. . 110 South Carolina and Georgia, 111 Florida, 112 •Alabama, Mississippi and Louis- iana 113 Texas 114 Arkansas, 115 Tennessee and Kentucky 116 Ohio 117 Michigan 118 Indiana and Illinois 121 Missouri, 1 24 Iowa, Wisconsin, and California, 126 Table, showing the nu ber of days from any day in one month to the same day in any other month,128 Laws regulating the Collection of Debts, in all the States, 113 to 143 Maine, (see note below,) < 113 New Hampshire, 114 Vermont, 115 Massachusetts and Rhode Island 116 Connecticut, 117 New York, 118 New Jersey, 121 Pennsylvania, ] 22 Delaware and Maryland, 123 Virginia and North Carolina,. . . 124 South Carolina and Georgia 125 i'lorida and Alabama 126 Mississippi and Louisiana 128 Arkansas and Tennessee, 130 Kentucky, 131 Ohio, 133 Michigan, 134 Indiana, 136 Illinois, 137 Missouri, 188 Iowa, 139 Wisconsin, 140 California, 141 » N. B.— By an error in paging, pages 118 to 128, Inclusive, occur twic*. ir moBX. The Exemption Laws of each of the States, 144 to 166 STATES. PAGE Uaine, 144 New Hampshire, 145 Vermont, 148 Kew Torlf, 162 New Jersey, 163 Georgia and Alabama, 154 STATES. PAGE Texas and Ohio, 166 Michigan, 169 Indiana, 161 Illinois 164 lowaj 163 Wisconsin and' California, 164 182 Louisiana, 183 Texas and Arkansas, 184 Tennessee and Kentuclcy 185 Ohio, 186 Michigan, 188 Indiana, 188 Illinois, 189 Missouri,. 190 Iowa, 191 Wisconsin, 192 California 193 The " Statutes of Limitations " of each of the States 166 to 196 Maine, 166 New Hampshire 168 Vermont, 168 Massachusetts, ■.,,.. 110 Rhode Island 171 Connecticut and New Tork,. ... 172 New Jersey, 174 Pennsylvania, 175 Delaware,.., 176 Maryland and Virginia, 177 North Carolina & South Carolina, 179 Georgia and Florida, .......... 180 Alabama, 181 Legal Rates of Interest, and Penalties for Usury, in each of the States, ... 196 Complete and perfect Interest Table, six and seven per cent., 201 to 208 Complete Forms and Instructions for the Naturalization of Aliens, .209 to 212 Forms and Instructions for procuring Bounty Lands, with the Acts of Congress, 213 to 221 Complete Forms and Instructions for procuring Patents 222 to 251 Digest of important Patent Decisions, 252 to 256 Forms and Instructions for Notaries Public 267 to 270 Digest of Decisions in relation to Bills and Notes, and the Duties of Notaries Public , ....,.,, ..-.271 to 279 PREFACE TO SECOND EDITION. It was not the original design of the author of these pages to publish this work in its present form, or to submit it to the public through the medium of book-sellers. An edition, compiled by the author, at the request of several of his friends, who, with himself, had felt the want of such a work in their prac- tice, was issued by him for gratuitous distribution. Its distribution led to ■urgent solicitations ou the part of very many respectable members of the pro- fession, and others, that an edition should be published for general use. This edition, which has been carefully revised, and which contains a large amount of new matter, is, accordingly, offered to the public. It is not claimed for the work, that it has yet attained to anything like per- fection. It is the first eflbrt to publish a complete book of reference in relation to matters, correct information in relation to which must be gleaned from a, great variety of sources, which information not unfrequently conflicts in im- portant details, and which can only be perfected by patient, untiring labor, and by long and tedious correspondence. It is believed, however, that from the shapeless mass of facts collected, a structure has been reared, which, though it may not be altogether free from defects, will, nevertheless, supply in sdme measure the want which has called it into being. THIBD EDITION, €smdiam anJj ^Mtm. The following corfections and additions hare been kindly furnished by well known mem- bera of the bar in the various States, to whom the early sheets of this edition were submitted for Inspection. They are the only corrections which bare been suggested, although the work ha& been submitted for revision to at least one reliable lawyer in each of the States. PENNSYLVANIA. KXEMPTIONS, The foUowiip:, on this subject, is supplied by Benjamin Grant, Esq. of Erie, Peun.: " The first section of one Act of 9th April, 1849, is as follows : " That in lieu of the property now exempt by law from levy and sale on execution, issued '• upon any judgment obtained upon contract and distress for rent, property to the value of •* three hundred dollars, exclusive of all wearing apparel of the defendant and his family, "(which shall remain exempt, as heretofore,) and no more, owned by him, or in possession of •* any debtor, shall be exempt from levy and sale on execution, or distress for rent. " The liens of mechanics, or the purchase money of real estate, if secured by a lien, nor money due on Judgments in tort, are affected by this exemption.*' VIRGINIA. ACKNOWLEDGMENTS. The following carefully prepared summary of the laws of Virginia, by Jahbs K. Lbe, Esq.j an able lawyer of that State, is substituted for our own remarks on the subject of acknowledg- ments, &c. on pages 49, 60, and 61, of this volume : •* Deeds, Powers of Attorney, &c. to be properly authenticated for record, must be acknow- ledged by the parties, (other than married women,) executing the same, or proved as to each of them by two witnesses; if within the State, before a Justice of the Peace, or a Notary Public, or a Clerk of any County or Corporation Court, or before the (County or Corporation) Court wherein such writing is to be or may be recorded; If without the State, but within the United States, before a Commissioner for Virginia, or a Justice of the Peace, or a Notary Public, or a Clerk of oft/t/ Court ; and if without the United States, before any Minister Pleni- potentiary, Charge d* Affaires, Consul-General, Consul, Vice-Consul, or Commercial Ageut, appointed by the Government of the United States to any foreign country, or before the proper officer of any court of such country, or before the Mayor, or other Chief Magistrate of any city, town, or corporation therein. " The privy examination of a married woman, who joins with her husband in a convey- ance, is required, and may be made, if within the State, before the court authorized to record the same, by one of the justices thereof, or before and by the clerk thereof, in his office, or by two Justices of the Peace, who shall be present together, or by a Notary Public ; if without the State, but within the United States, by a Commissioner for Virginia, or by two Justices together, or by a Notary Public ; and If without the United States, by the same officers au- thorized to take acknowledgments out of the Union, except that ' any court of such country ' is substituted for * the proper officer of any such court.' " " No witness at all is required to be Mi^acribed to a deed : but the evidence of ttBO witnesses (who may or may not subscribe,) is necessary to prove the execution and acknowledgment before the officer certifying such proof." — Code^ Ya. p. 512. " The certificate of the officer taking the acknowledgment or examination, either within or 10 The following forms are drawn in strict accordance with the Laws of the States, and ihay be followed with certainty, and without apprehension of error. In dra'\^ing these fornis it has been the purpose of the editor of these pages, even at the risk of being thought' unnecessa- rily prolix, to make every form complete and perfect in itself, and to furnish precedents which can be used entire, •without the necessity of repeated reference to other forms and portions of the work. Under the heading devoted to the State of New- York, will be found a great variety of forms answering to eveiy contingency likely to arise. Commissioners and others are referred to those forms for information and assistance in extraordinary cases. MAINE, Deeds for this State shquld be sealed with a seal ; a scroll will not answer, as in many of the States. One witness only is needed, and the wife of the grantor need not be separately and privately examined. ' Deeds should be acknowledged and recorded immediately. The acknowledgment, if within the State of Maine, may be made before any Justice of the Peace ; if in any other of the United States, before a Com- missioner appointed , for that purpose by the Governor, or a Notary Public, under his seal ; if out of the United States, before a Minister or Consul of the United States, or a Notary Public? FORM. I State of Pennsylvania, ) Philadelphia City and County, ) Be it remembered, that on this 10th day of June, one thousand eight hundred and fifty-four, before the. subscriber, a Commissioner in and for the State of Pennsylvania, duly 11 commissioned and authorized by the Governor of the State of Maine to take the acknowledgment and proof of Deeds and other Instruments of writing to be used or recorded in the- said State of Maine, and to administer oaths and alBrmations &c. personally appeared , in the foregoing instruments named, and acknowledged that they signed and sealed the same as their free act and deed. In testimony whereof, I have hereunto set my hand and affixed my seal of office, at my office in the city of Philadelphia, the day and year first above written. [seal.] David B Birnby, Commissioner, ^c. The above form, slightly varied, answers, of course, for single persons. NEW-HAMPSHIRE. Two vpitnesses are necessary for this State, and in all cases a seal must be used. Acknowledgments within the State may be made before a Justice of the Peace or a Notary Public, under his seal ; out of the State and ' within the United States, before a Commissioner appointed by the Governor for that purpose ; out of the United States, by a Minister or Consul of the United States. It is not necessary that the wife be examined separately. ' FORM OF ACKNOWLEDGMENT. City of Rochester, County of Monroe, > and State of New- York, ) **' Be it remembered, that on this first day of February, one thousand eight hundred and fifty-four, before me, thjB subscriber, a, Commissioner in and for the said $tate of New- i2 York, duly commissioned and authorized by the Governor of the State of New Hampshire, to take the acknowledgment and proof of Deeds and other instruments of writing to be used or recorded in the said State of New Hampshire, &c. came ■ , and , his wife, to me known to be the individuals described in, and who exe- cuted the within instrument, and acknowledged that they signed and sealed the same as their free act and deed. In testimony whereof, [ have hereunto sel^ my hand and affixed my official seal, at my office in the City of Rochester, the day and year first above written. [seal.] H. a. Beewster, Commissioner, ^c. VERMONT. Deeds, and other instruments conveying any interest in real estate, should be witnessed by two persons, and sealed. acknowledgments. They may be acknowledged within the State before a Justice of the Peace, Town Cleik, Notary Public or Master in Chancery f without the' State, and within the United States, before a Commissioner appointed by the Governor of Vermont for that purpose, or a Notary Public, under his seal of office ; vnthout the United States^ by a Minister or Consul of the United States. FORM OF ACKNOWLEDGMENT. City of Buffalo, County of Erie, \ and State of NeW' York, 5 **' Be it remembered, that on this twentieth day of February, one thousand eight hundred and fifty-four, before me, the 13 subscriber, a Commissioner in and for the said State of New- York, duly c6nimissioned and autKorized by the Governor of the State of Vermont, to take the acknowledgment and proof of Deeds, and other instruments of writing to be used or re- corded in the said State of Vermont, &c. came , and wife of said and severally acknowledged the foregoing instrument by them signed and sealed, to be their free act and deed ; and the said being by me examined apart from' her husband, acknowledged that she executed the said instrument freely, and without any fear or compulsion of her husband. ' ■>, In testimony whereof, I have hereunto set my hand and affixed my seal of office, at iny office in the City of Buffalo, the day and year first above written. :'4.. [seal.] James' S. Gibbs, Commissioner, <^c. TS. MASSACHUSET In this State, only one witness to the execution of a deed, is necessary, and the wife need not acknowledge it. A seal, to all instruments conveying any interest in real estate is rec^uired. ACKNOWLEDGMENT. The acknowledgment may be made before any Justice of the Peace, if within the State ; or before any Justice of the Peace or Magistrate ; out of the State, before any Notary Public, under his seal, or a, Commissioner, duly appointed by the Governor of the Commonwealth ; and before any 14 Minister or Consul of the United States, or any Notary Public, if 0M< of the United States. FOKM. City of Chicago, County of Cook, ) and State of Illinois, S ' Be it remembered, that on this 25th day of June, A. D. 1854, before the subscriber, a Commissioner in and for the State of Illinois, duly commissioned and authorized by the Governor of the State of Massachusetts, to take the acknow- ledgment and proof of deeds, and other instruments of writ- ing to be jised or recorded in the said State of Massachu- setts, &c. personally appeared and acknowledged the foregoing instrument by him execu- ted, to be his free act and deed. In witness whereof, I have hereunto set my hand and affixed my seal of office, at my office in the City of Chicago, the day and year above written. , [seal.] Edwin C. Larned, Commissioner, <^e. All instruments conveying any interest in real estate, must be recorded in the office of the Register of Deeds, in the county where the land lies. RHODE ISLAND. Deeds in this State, must be signed, sealed and delivered by the parties making them. The wife of a grantor must be examined separately and apart from her husband, and must declare that the deed shown to her is her free act, and that she does not wish to retract the same. 15 ACKNOWLEDGMENT. Coveyances of lands in this State, may be acknowledged before any Judge, Mayor, Notary Public, Justice of the Peace, if within the State ; if out of the State, and within the United States, before a Commissioner for Rhode Island, or a Notary ; and before any Minister, Ambassador, Charge de Affairs, Consul, or Commercial Agent of the United States, if out of the country. FORM OF ACKNOWLEDGMENT. City and County of Milwaukie, \ State of Wisconsin, J ' -1 Be it remembered, that on this seventeenth day of August, 1854, before the subscriber, a Commissioner in and for the State of Wisconsin, duly commissioned and authorized by the Governor of the State of Rhode-Island to take the ac- knowledgment and proof of Deeds and other Instruments of writing, to be used or recorded in the said State of Rhode Island, &c. personally appeared , and his wife, to me known to be the individuals described in, and who executed the within instrument, and severally acknow- ledged the same to be their free act and deed ; and the said on a private examination, apart from her husband, acknowledged and declared the foregoing instrument to be her free act and deed ; that she executed the same without fear or compulsion, and that she does not wish to retract the same. In witness whereof, I have hereunto set my hand, and affixed my official seal, at my office in the City of Milwaukie, the day and year above written. [seal.] John C. Starkweather. Commissioner, ^. 16 CONNECTICUT. In this State, Deeds and Mortgages must be seated, and signed in the presence of at teast two witnesses. Acknow- ledgments, when within the State, may J)e made before any , Judge of the Supreme oir District Courts of the United States, or any Judge of the State Courts, or Commissions of the School Fund, or County Surveyor, when the land Ues in his County; when without the State, before any Judge of the United States Courts, or of the Supreme, Superior, Common Pleas, or County Court, or Commissioner duly appointed by the Governor to take acknowledgments^ &c., or Notary Public, under his officiaV seal.; and when in any foreign country, before any United States Consul, or a Notary Public. FORM. City and County of Galveston, ) ' State of Texas, J **' Be it remembered,, that on this twenty-ninth day of August, 1854, before the subscriber, a Commissioner in and for the State of Texas, duly conimissioned and authorized by the Governor of 'th^ State of Connecticut to take the acknow- ledgment and proof of Deeds and other Instruments of writing, to be used or recorded in the said State of Con- necticut, &c., personally appeared , and his wife, to me known to be the persons . described in, and who executed the. within instrument; and acknowledged that they did sign and seal the same, as their free act and deed. , ~ In witness whereof, I have hereunto set my hand and affixed my seal of office, at my office in the City of Galveston, the day and year last above written . ' R. D. Johnson. ^ [seal.] Commissioner, 17 NEW-YORK, We give below a very full statement of the laws of this State in relation to the execution and authentication of deeds, going more fully into the forms of acknowledgment than we have done for any other State. These forms and instructions will furnish a guide for Commissioners doing business for other States, and we advise that they be con- sulted in all cases of doubt. Every deed of real estate shall be subscribed and sealed by the person from whom the estate conveyed is intended to pass, or his lawful agent ; and if not duly acknowledged pre- vious to its dehvery, its execution and delivery shall be proved by at least one witness, or if not so attested, it shall not be valid as- against a purchaser or incumbrancer in good faith. Every conveyance of real estate within this State, shall be recorded in the office of the clerk of the county where such real estate is situated ; and every such conveyance not so recordeid, > shall be void as against any subsequent pur- chaser, in good faith and for a valuable consideration of the same real estate, or any portion thereof, whos6 conveyance shall be first duly recorded. To entitle any conveyance, hereafter made, to be recorded by any County Clerk, it shall be acknowledged by the party or parties executing the same, or shall be proved by a sub- scribing witness thereto, before any one of the foUovdng officers : If in the State, before the Justices of the Supreme Court, County Judges, Mayors and Recorders of cities, Commis,; 18 sioners of Deeds in cities, and Justices of the Peace in the several towns. Out of the State, and in the' United States, before the Chief Justice and Associate Justices of .the Suprajne Court of the United States, District Judges of the United States, the Judges or Justices of the Supreme, Superior, or Circuit Court, of any State or Territory within the United States, the Chief Judge, or any Associate Judge of the Circuit Court' of the United States in the District 'of Columbia, Mayors of cities in the United States, and Commissioners of Deeds APPOINTED BY THE GovEENOK OF THIS StATE, in Other States and Territories, and the District of Columbia. Out of, the United States, before a Judge of the highest Court, in Upper or Lower Cainada ; before any Consul of the United States, Charge d' Affaires, Minister Plenipoten- tiary, -or Minister Extraordinary, resident in any foreign country ; before the Mayor of London, the Mayors or Chief Magistrates of Dublin, Edinburgh and Liverpool, and any person speciaiUy authorized by a commission under the seal of the Supreme Court of this State. The 'proof or acknowledgment of any instrument that may be recorded or read in evidence in this State, when made by arty person out of the State, and within any other State or Territory of the United States, may be made before any officer of such State or Territory, authorized by the laws thereof to take the proof and acknowledgment of deeds. It is necessary, however, that such officer should know, or have satisfactory evidence, that the person making such acknowledgment is the individual described in, and who ex- ecuted the conveyance or instrument ; also, that to the cer- tificate of the officer, there should be attached a certificate under the name and official seal of the Clerk or Register of the county in which he resides, specifying that at the time of taking the proof or acknowledgment, he was duly author- ized to take the same, and verifying his hand-writing. (See N, Y. Laws of 1848.) * . 19 'The full official title of the acknowledging officer should always be attached to his certificate. If he be a Judge, he should state of what court ; if a Commissioner, the state, city, or county for which he is such Commissioner, or Jus- tice, should be mentioned ; and if a Minister Plenipotentiary, or Charge d' Affaires, he should say from what governnient he is appointed, and to what, government he is accredited. . 'yVhere a deed is proved or acknowledged before a Com- missioner of Deeds, Justice of the Peace, or County Judge, not a Counsellor at Law, the certificate of the County Clerk to the official character of the officer taking the proof or acknowledgment, and the genuineness of his sigrfature, should be procured, if the instrument is to be recorded in another county. By the laws of this State, every written instrument, ex- cept promissory, notes, bills of exchange, and the last wills of deceased persons, may be proved or acknowledged, and read in evidence on the trial of any action, with the same effect and in the same manner, as conveyances of real estate. . Where the execution of a conveyance is acknowledged by the party in person, the officer taking the same must certify- to the identity. Where the execution is proved by a subscribing witness, he must state his own place of residence, and tjjat he knows the person described in, and who executed the conveyance. A substantial comphance with the requirements of the statute relative to the proof and acknowledgment of convey- ances, and other instruments, is all that is required — ^the identical language of the law need not be used. All erasures or interlineations which occur in any convey- ance, should be noted previous tci the execution, or men- tioned in the certificate of the officer taking the proof or ac^ knowledgment. 25 FORMS. Certificate of Admowledgment by a party known to the Officer. City and County of San Frarudsco, } State of California, > . ."I Be it remembered, that on this ninth day of May, 1854, before the ; subscriber, a Commissioner in and for the State of CaUfornia, duly commissioned and authorized by the Gov- ernor of the State of New- York to take the acknowlegmeiit and proof of deeds and other instruments of ■writing to be used or recorded in the said State of New- York, and to ad- minister oaths and afBrmatioiis, &c. personally came , to me known to be the individual described in, and who executed the within, {or above, or annexe'd,) con- veyance ; (or bond, or letter of attorney, . oj- instrument in writing,), and acknowledged that he iexecuted the same for the purposes therein mentioned. In testimony whereof, I have hereunto set my hand and affixed my seal of office, at my office in the City . of San Francisco, the day and year iSrst above written. , /. [seal.] '* Charles Halsey, Commissioner, ^c. Certificate Triiere tlie Identity of tlie Party is proven to tlie Officer. City cf Ann Arbor, County of Washtenaw, i State of Michigan, J **' Be it remembered, that on this first day of June. 1854, before the subscriber, a Commissioner in and for the State 21 of Michigan^ duly commissioned and authorized by the Gov- ernor of the State of Pfew-York, to take the acknowledgment and proof of deeds, and other instruments of writing, to be used or recorded in the said State of New-Yorkj and to ad- minister oaths and affirmations, &c. personally' came , proven to me satisfactorily to be the same person described in, and who executed the within con- veyance, by the oath of subscribing witness thereto,* who being by me duly sworn, did depose and say, that he resided in the City of in the County of that he was acquainted with the said and that he knew him to be the same person described in, and who executed the within con- veyance ; and, thereupon, the said acknowledged that he executed the same. In testimony whereof, I have hereunto set my hand and affixed my seal of office, at my office in the City of Ann Arbor, the day and year first above written., [seal.] E. W. Morgan, Commissioner, ^c. B; Husband and Wife knomi to tbe Officer. Rutland, Rutland County, i State of Vermont, i Be it remembered that on this second day of June, 1854, before the subscriber, a Commissioner in and for the State • If the party by whose oath the identity is established, is not a, subscribing witnesf, the Words in italics in the above wd ibllowinj; forms, mtist be omitted^ of Vermont, duly commissioned and authorized by the Gbf* ernpr, of the State of New- York to take, the acknowledgment and proof of deeds, and other instruments, of writing, to be used or recorded in ihe said State of New-York, and to ad- minister oaths, affirmations, &c. personally came, and his wife, to me known to be the individuals describe4 in, and who executed the within conveyance, and acknowledged that they executed the same ; and the said acknowledged, on a private examination by me made, apart from her husband, that she executed the said conveyance freely, and without' any fear or pompulsion of him. In testimony whereof, I have hereunto set my hand and affixed my seal of office, at my office in Rutland, the day and year first above written, [sBAi.] Charles L. Williams, Commissioner, ^c. , , By Hnsband and Wife— l?roveii to th« Offlcei. New-London, New-London County, State of Connecticut, ss. Be it remembered, that on this second day of June, 1854, before the subscriber, a Commissioner in and for the State of Connecticut, duly commissioned and authorized by the Gov- ernor of the State of New- York, to take the acknowledgment and proof of deeds and other instruments of writing to be used or recorded in the said State of New- York, and to administer oaths and affirmations, &c. personally came , and'; hiis wife, both" proven to me satisfac. torily to be the same persons described in, and who executed 23 the within conveyance, by the oath of snhscHlnng witness thereto, who being .by me duly sworn, did depose and say, that he resided in the town of in said county ; that he was acquainted with the said , and his wife ; that he knew them to be the same persons described in, and who executed the within conveyance ; and, thereupon, they severally acknowledged before me that they executed the same ; and the said acknowledged, on a private examination by me made, apart from her husband, that she executed the said conveyance freely and without any fear or compulsion of him. In testimony wherereof, I have hereunto set my hand, and affixed my seal of office, at my office in New London, the day and year first above written. [seal.] Louis Bristol, Commissioner, ^c. By Husband and Wife— Hnsband known, and Wife proven to the Officer. City of Detroit, County of Wayne, State of Michigan, ss. Be it remembered, that on this third day of May, 1854, before the subscriber, a Commissioner in and for the State of Michigan, duly commissioned and authorized by the Governor of the State of New- York, to take the acknow- ledgment and proof of deeds and other instruments of writing, to be used or recorded in the said State of New- York, and to administer oaths, affirmations, &c, personally came , and his wife ; the said being known to me to be the same person m described in, and who executed the within conveyance ; and the said being proven to me satisfactorily to be the same person described in, and who executed the within conveyance, by the oath of ' , subscribing witness thereto, who being by me duly sworn, did depose and say, that he resided in the town of , in the said county ; that he was acquainted with the said , the wife of the said , and that he knew her to be the same person described in, and who executed the said conveyance. And, thereupon, the said , and the said . his vdfe, severally acknowledged that they executed the same ; and the said acknowledged, on a private examination by me made, apart from her husband, that she executed the said conveyance freely, and without any fear or compulsion of him. In testimony whereof, I have hereunto set my hand and affixed my seal of office, at my office in the City of Detroit, the day and year first above written. [seal.] E. C. Walker, Commissioner, ^c. By two Hnsbands, and their Wives. City of Richmond, County of Henrico, State of Virginia^ ss. Be it remembered, that on this ninth day of April, 1854, before the subscriber, a Commissioner in and for the State of Virginia, duly commissioned and authorized by the Gov- ernor of the State of New-York, to take the acknowledgment and proof of deeds or other instruments of writing to be used 25 or recorded in the said State of New- York, aiid to administer oathsj affirmations, &c. personallyv<;ame , , and / , his wife, and , and , his wife, known to me to be the individiials described in, and who executed the within con- veyance, and severally acknowledged that they executed the same ; and the said and , severally, each for herself, acknowledged, on a private exa- mination by me made, apart from her husband, that she exe- cuted the same freely, and without any fear or compulsion of him. In testimony whereof, I have hereunto set my hand and affixed my seal of office, at my office in the City of Richmond, the day and year first above written. [seal.] James K. Lee, Commissioner, ^c. By a Wife, la Separate CertUieate. City of Memphis, Shelby County, I State of Tennessee, ) Be it remembered, that on this third day of March, 1854, before the subscriber, a Commissioner in and for the State of Tennessee, duly commissioned' and authorized by the Governor of the State of New-York, to take the acknow- ledgment and proof of deeds, and other instruments of wi:it- ing to be used or recorded in the said State of New- York, and to administer oaths and affirmations, &c. personally came , wife of , described in the within conveyance ; the said being 4 26 known to me to be tl^e individual described in, and who exe- cuted the said coveyance ; and she acknowledged, in a private examination by me made, apart from her husband, that ?he executed the same freely, without any fear or com- pulsion of him. In testimony whereof, I have hereunto set my hand and^ affixed my seal of office, at my office in the City of Memphis, the day and year first above written, [seal.] Hume F. Hill, Commissioner. By two or 'more Parties. Ypsaldiritii Cou^y, of Washtenaw, State of Michigan, J **' Be it remembered, that on this first day of July, 1854, before the subscriber, a Coiiimissioner in and for the State of Michigan, duly commissioned and authorized by the Gov- ernor of the State of New-Tork, to take the acknowledg- ment and proof of deeds, and other instruments of writing to be used or recorded in the said State of New-York, and to administer oaths, affirmations, &c. personally came , and , , to me known to be the individuals described in, and who exe- cuted the within conveyance, and they severally, each for himself, acknowledged that they executed the same. In testimony whereof, I have hereunto set my hand and affixed my seal of office, at my office in Ypsalanti, the day and year first above written. [seal.] -D. B. Green, Commissioner. St By five FoTsoiis— three known, and two identified. Lafayette, Tvppecanoe County,' \ State of Indiana, y ' Be it remembered, that on this second day of January, 1854, before the subscriber, a Commissioner in and for the State of Indiana, duly commissioned and authorized by the Governor of the State of New- York, to take the acknowledg- ment and proof of deeds, and other instruments of writing to be used or recorded in the said State of New- York, and to administer oaths and affirmations, &c. personally came , and , to me known to be three of the individuals described in, and who executed the within conveyance ; and, also, came , and , satisfactorily proven to me to be two of the individuals de- scribed in, and who executed the within conveyance, by the Aath of , subscribing witness thereto, who bein^ by me duly sworn, did depose and say, that he resided in the town of , in said county ; that he was acquainted with the said , and , and that he knew them to be the two individuals described in, and who executed the within conveyance ; and, thereupofc, the said , and , severally acknowledged before me that they executed the same, for the purposes therein mentioned. . ' In testimony whereof, I have hereunto set my hand and affixed my seal of office, at my office in Lafayette, the day and year first above written. [seal.] E. a. Greenlek, Commissioner, ^c. Br one of seTeral parties. Springfield, Hampden County, State of Massachusetts, ss. Be it remembered, that on this third day of August, 1854, before the subscriber; a Commissioner in and for the State of Massachusetts, duly commissioned and authorized by the Governor, of the State of New- York, to take the acknow- ledgment and proof of deeds, and other instruments of writing to be used or recorded in the said State of New- York, and to administer oaths, affirmations, &c. personally came , to me known to be one of the individuals described in, and who executed the within con- veyance, and acknowledged that he executed the same. In testimony whereof, I have hereunto set my hand and affixed my seal of office, at my office in the City of Springfield, the day and year first above written. [seal.] E. W. Bond, , • Commissioner, <^c. B; an Attorney. pekin, Tazewell County, Slate of. Illinois, \ ss. Be it remembered, that on this ninth day of May, 1854, before the subscriber, a Commissioner in and for the State of Illinois, diily commissioned and authorized by the Gov- ernor of the State of Nfew-York, to take the acknowledg- ment and proof of deeds, and other instruments of writing to be used or recorded in the said State of New- York, per- sonally came , known to me to be the 29 Same person described in, and who executed the within con-' Teyance, and acknowledged that he executed the same as the act and deed of , therein described, by virtue of a power of attorney duly executed by the said , bearing date the day of , in the year , and recorded in the office of the Clerk of the County of , in Book of Powers of Attorney, page , on the day of , in tlie year In testimony whereof, [ have hereunto set my hand and affixed my seal of office, at my office in Pekin, the day and year first above written. {seal.] James Haines, Commissioner. Bf an Executor or Trustee. Augusta, Richmond County, State of Georgia, yss. Be it remembered, that on this third day of June, 1854^ before the subscriber, a Commissioner in and for the State of Georgia, duly commissioned and authorized by the Gov- ernor of the State of New- York, to take the acknowledg- ment of deeds, and other instruments of writing to be used or recorded in the said State of New- York, and to admin- ister oaths and affirmations, &c. personally, came , known to me to be the Executor ol the last Will and Testament> {or, Trustee of the estate) of ,* , mentioned and described in the within conveyance ; and the said , acknowledged 30 before iH6, that he executed the same as such Executor, (or Trustee,) as aforesaid. In testimony whereof, I have hereunto set my hand, and affixed my-seal of office, at my office in the City of Augusta, the day and year first above -written. , [seal.] W. Raymond McLaws, Cvminissioner, ^c. By a party to Confirm a Deed execated daring Infancy. FredericJcsburgh, Spottsylvania ) Countr/, State of Virginia, S Be it remembered, that on this first day of July, 1854, be- fore the subscriber, a Commissioner in and for the State of Virginia, duly commissioned and authorized by the Governor^ of the State of New- York, to take the acknowledgment and proof of deeds, and other instruments of writing to be used or recorded in the said State of New-York, and to administer oaths and affirmations, &c. personally came , to me known to be the individual described in, and who exe- cuted the within conveyance, and thereupon duly acknow- ledged that the said coveyance was formerly executed by him when he was an infant under twenty-one years ; that he has since arrived at full age, and is desirous of confirming his former ^execution thereof; and that he now acknow- ledges that he executfed the same, as and for his act and deed. in testimony whereof, I have hereunto set my hand and affixed my seal of office, at my office in the City of Fredericksburgh, the day and year first above written. [seal.] Geo. F. Chew, Commissioner, ^c. 31 Certifieate of Proof by a Sabserlblng Witness known to the Officer. Burlington, Desmoines County, State of Iowa, ^ * ' Be it remembered, that on this second day of May, 1854, before the subscriber, a Commissioner in and for the State of Iowa, duly cpmmissioned and authorized by the Governor of the State of New- York, to take the acknowledgment and proof of deeds, and other instruments of writing to be used or recorded in the said State of New- York, and to administer oaths and affimations, &c.' personally came , subscribing witness to the within conveyance, to me known, who, being by me duly sworn, did depose and say, that he resided in the town of , in said county ; that he knew , the individual described in, and who executed the said conveyance ; that he was present and saw the said sign, seal, and deliver the same, as and for his act and deed ; and that the said acknowledged the execution thereof: where- upon, the said became the' subscribing witness thereto. In testimony whereof, I have hereunto set my hand and affixed my seal of office, at my office in the City of Burlington, the day and year first above written. [seal.] Geokge Snyder, Commissioner, '^c. 30 By a Subscribing VTltness, proven to tbe Officer. Jackson, Hind's County, State of Mississippi, ' Be it remembered, that on this second day "of March, 1854, before the subscriber, a Commissioner in arid for the State of Mississippi, duly commissioned and authorized by the Governor of the State of New-York, to take the acknow- ledgment and proo'f of deeds, and other instruments of writ- ing to be used or recordied in the said State of New- York, and to administer oaths and affirmations, &c. personally came and , • > and the said , to me known, having been by me duly sworn, did depose and say, that he resided in the town of in said county ; that he was acquainted with the said , tKe subscribing witness to the within conveyance, and that he knew, him to be the same person, which is to^me satisfactory evidence thereof ; and the said being by me duly sworn, did depose and say, that he resided in the tovvn of in said county ; that he knew - , the individual described in, and who executed the said convey- ance ; that he was present, and saw the said sign, seal, and deliver the saBae, as and for his act and deed ; and that the said acknowledged. the execution thereof ; whereupon, the said became the^ subscribing witness thereto. In testimony whereof, I have hereunto set my hand and affixed, my seal of office, at my office in the City of Jackson, the day and year first above written. [sEAi..] J. D. Elliott, Commissioner, ^c. 33 By a Snbscribing Witness as to the Hnsband, and Acknowledgment by tbe Wife, botb being IcnoTm to tbe Officer. Oshkosh, Winnebago County, ) State of Wisconsin, J **' Be it remembered, that on this second day of January, 1854, before the subscriber, a Commissioner in and for the State of Wisconsin, duly commissioned and authorized by the Governor of the State of New- York, to take the acknow- ledgment and proof of deeds, and other instruments of writing to be used or recorded in the said State of New- York, and to adnlinister oaths and affirmations, &c. person- ally came , to me known, who being by me duly sworn, did depose and say, that he resided in the town of , in said county ; that he knew , one of the individuals described in, and who executed the within conveyance ; that he was present, and saw the said execute the same, and that he, the said , thereupon became the subscribing witness thereto. At the same time also, ap- peared before me , the wife of the said , to me personally known, who, on a private examination by me made, apart from her husband, acknowledged that she executed the within con- veyance freely, without any fear or compulsion of her said husband. In testimony whereof, I have hereunto set my hand and affixed my seal of office, at my office in Oshkosh, the day and year first above written, [seal.] Ed. L. Btjttrick, Commissioner, ^c. 5 34 By a Ejitbscilbliig WltnesS; as tp the Husband^ and Aeknowledgment bf tlu) WUe, botb proTen to fbt Offiwr. La Porte, La Porte County, i State of Indiana, y * ' Be it remembered, that on this second day of February, '1854^} before the subscriber, a Commissioner in and for the State of Indiana, duly commissioned, and authorized by the. Governor of the State of New- York, to take the acknow- ledgment and proof of deeds and other instriUments, of writing, to be used or recorded in the said State of New-York, and to administer oaths, affirmations, &c, personally caine , who being by me duly sworn, did , depose and say, that he Resided in the town of , in said County ; th^lhle. knew ' , one of the individuals described in, and who executed the, within conveyance ; that he was present, and, saw the said execute the same, and that he, the sc^id^ , thereupon be ss. Be it remembered, that on this fourth day of January, 1854, before the subscriber, a Commissioner in and for the State of Illinois, duly commissioned and authorized by the Gov- ernor of the State of New- York, to take the acknowledgment and proof of deeds and other instruments of writing to be used or recorded in the said State of New- York, and to administer oaths and affirmations, &c. personally came , to me known, who being by me duly sworn, and the within conveyance being shown to him, did depose and say, that he knew the parties therein described; that he was well ac- quainted with , the grantor ; that he had frequently seen him write, and knew his hand-Avriting ; and that the name of the said grantor subscribed to the said cgnvey- ance, was in the proper hand-writing of the said . And the said , further on his oath said, that he was well acquainted with , one of the subscribing witnesses to the said conveyance, and with his hand-writing; and the said , at the time of the date of said deed, resided in the town of , in the county of , and has been dead about one year ; and that the name of the said , deceased, subscribed as a witness to said conveyance, was in his proper hand-writing. • And the said further deposed and said, that at the time of the date of said conveyance, he was, and for several years had been, also acquainted with one , a , who then resided in the said town of , in the county of , and in the neighborhood of the said grantor ; that the said died at the town of , aforesaid, 3t in the year 1844, and since the date of said conveyance ! that he, the said , was not acquainted with the hand-writing of the said » ; that he has never known or heard of any other person of the name of ; [if necessary, insert, residing in the neighborhood of said grantor,] and that he cannot say in whose hand-writing the name of the said is subscribed to the said conveyance. And I hereby certify, that the aforesaid deposition of the said is to me satisfactory evidence of the death of all the witnesses to the within conveyance, and of the hand-writing of , one of the said witnesses, and of the hand-writing of , the grantor therein named. In testimony whereof, I have hereunto set my hand and affixed my seal of office, at my office in Freeport^ the day and year first above written. [seal.] Oscar Taylor, Commissioner, (^c. Proof of Deed execnted b; a eorporation.— (MoDled.) Lemngton, Fayette County, State of Kentucky, \ ss. Be it remembered, that on this third day of January, 1854, before the subscriber, a Commissioner in and for the State of Kentucky, duly commissioned and authorized by the Gov- ernor of the State of New- York, to take the acknowledgment and proof of deeds, and other instruments of writing, to be used or recorded in the said State of New- York, and to ad- minister oaths and affirmations, &c. personally came , the President of the • Bank, is -to me ihown, who being hj me duly sworn, did depose 'aiid ■say, that he resided in the City of , iii siaid county ; that he was the President, of the Bank ; that he knew the corporate seal of the said Bank ; that the seal affixed to the within conveyance, was such corporate seal ; that it was so affixed by order of the Board of Direct- ors of the said Bank; and that he signed his namfe thereto by the like order as President of said Bank. {If the coivtiey- ance is proven by a Cashier, vr the Secretary of 8 Company, and executed by him and the President, substitute Secretary, or Cashier, for President, and the name of the Company for the Bank, in the foregoing, and then add : And he the said further said, that he also knew , the President of the said Bank, [or. Company,] and that the signature of the said , subscribed to the said conveyance, was in the genuine hand^writing of the said 5 and was thereto subscribed, in the presence of the said , by the like order of the said Board of Directors.] In testimony whereof, I have hereunto set my hand and affixed my seal of office, at my office in the City of Lexington, the day and year first above written. [seal.] Bi F. Graves, Commissioner, ^c. Tbe same, by a Religions CorporatiMi. Fall River, Bristol County, i State of Massachusetts, > Be it remembered, that on this ninth day of January, 1854, before the subscriber, a Commissioner in and for the State 39 of, ]Vf assachusettfi,, ,d,uly, commissioned and authorized by the Governor of the State of New- York, to taike the acknow- ledgment of deedsy and other instruments of writing, to be, used, or recorded, in the said State of New-York, and to adininister oaths and affirmations, &c. personally came , to me known, who being by me duly sworn, did depose and say, that he resided in the town of , in said county, and was the Clerk of the .Corporation, of the Rector, Churchwardens, and Ves- trymen of the , Church of [or, the Corporation of the Trustees of the ' Society,] in the town of , aforesaid ; that the seal affixed to the within coneyance, was the corporate seal of the said corporation, and that it was affixed by order of the said corporation. [If necessary, add clause proving the hand- writing of the subscribers to the conveyance.] In testimony whereof, I have hereunto set my hand and affixed my seal of office, at my office in Fall River, the day and year first above written. ' [seal.] E. L. Barney, Commissioner, ^c. Satlsfattion of mortgage and Acknowledgment, by a person Imomi to tbe Officer. I, , of the town of , in the county of , and State of , do hereby; certify, that a certain mortgage, bearing date the day of , in the year one thousand ^ight hundred and; , made and executed by , of the first part, to me, the said , of th?,fepondpwt, and recorded in the office of the Clerk of 40 the County of , in book 27 of mortgages, at pages 250 and 251, on the day of , A. D. 18 , [if the TTiortgage has been assigned, insert the name of the Assignee instead: of A. B. at the commencement of the certificate; omit the words, "me, the said," in italic; and insert here : And which said mortgage was duly assigned to me by the said , the mortgagee above named, by assignment dated the day of , in the year , and recorded in the office of the Clerk of the County of , aforesaid, in book 20 of mort- gages, at page 9, on the day of , , A. D. 18 ,] is fully paid, satisfied and discharged. Dated the first day of July, 1854. In presence of N.ashville, Davidson County, State of Tennessee, S ' Be it renftembered, that on this second day of July, 1854, before the subscriber, a Commissioner in and for the State o;f Tennessee, duly commissioned and authorized by the Gov- ernor of the State of New- York, to take the acknowledg- ment of deeds, and other instruments of writing to be used or recorded in the said State of Nevr-York, and to administer oaths and affirmations, &c. came « ^ known to me to be the individual described in, and who ex- ecuted the above certificate, and acknowledged that he exe- cuted the same. In testimony whereof, I have hereunto set my hand and affixed my seal of office, at my office in the City of iVasfei'ZZe; the day and year first above written. [seal.] E. a. Raworth, ^ Commissioner, n^c. 41 NEW JERSEY. Deeds or instruments conveying any interest in lands lying • in this State, shall be sealed and acknowledged by the party or parties executing them, tbfi officer taking the acknow- ledgment having first made known the contents thereof tp the per,son making. the same. A BcroU is a sufficient seal. The acknowledgment may be made before any Judge of the Court of, Common Pleas, if within the State; if out of the State, and within the United States, it may be m?ide ,be'- fore a Commissioner appointed by the Governor of this State for that purpose, any Justice of the Supreme Court of the United States, or District Judge of the same, or any Justice of the Supreme or Superior Court, 'of any State or Territory, or District of Columbia, or Mayor of Chief Magistrate of any city, certified under the seal of such city, or before any Judge of any Court of Common Pleas ; provided, tljat when such acknowledgment or proof is made before a Judge of the Court of Common Pleas, a certificate, under the seal of the State, or under the seal of the County Court in which it is made, that he is such officer, shall be affixed to such in. strument, and shall be deemed evidence of his authority; if made out of the limits of the United States, it may be ac- knovFledged before any Court of Law, the Mayor, or Cor- poration of any foreign kingdom, certified by the said Court, Mayor or Corporation, in the manner that such acts are usually authenticated by them. FORM. City of Norwich, County of New London, State of Connecticut, Be it remembered, that on this second day of December, 1854, before the subscriber, a Commissioner in and for the State of Connecticut, duly commissioned by the Executive 6 i42 of the State of New Jersey, to take the ackftowledgment and, proof of deeds, and other instruments of writing to be used or recorded in said State of New Jersey, and to administer a&tbs and afRrmations, '&c. perfebilally appeatied , and ; His wife, to the kttown to be the persons dfeSfaribfed ih, arid who executbd the foregoing cohreyance; And, having fitst ihiade kilovWi to them the coiltents thereof, they ^ckiiowledgisd that thfey executed the sairie ; iand the Stiid , oh a private 'exariiinatibn, apart from her hufeb^nd, ackho#ledged that she sighied, sealed, and de- ii'v'ei'e'd the sam'e as her voluntary act and deed, freely, and without any ifeiar, threats, ot Cbtripulsion of her husband. In testimony whereof, I have hereunto set my hand and affixed my official seal, at rny office in the City of Norwich, the day and year above written. [sJBAi..] John T. Wait, • Commissioner, ^c. PENNSYLVANIA. Deeds, Gonveyairces, &c., must, Within six months of their ^3£ei6titix)h, be acknowledged by one of the grantors, or provied by oHe of the Witnesses before either a Judge of the Supreme Court, Alderman of a City, a Justice of the Peace, or one of the Justices of the Common Pleas of the County in which the property lies, and recorded in the Office for recording Deeds in such County. Acknowledgments mtist be ihade by husband and wife, before either of the aboYe-naihed authorities, and the wife must undergo an examination apart from her husband, being fully instructed as to the contents and meaning of said deed or cpriveyance ; and if she shall declare, upon such separate 4S exalKiination, fiiat sh^ did seal and deliver said de^d dr con- veyance without coercion or compulsion from her said hus- band, and of her own free will and accord, said deed or con- veyance shall be valid. The acknowledgment may be made before the Mayor or Recorder of Philadelphia if within the St9$e, or if out of the State, before a Coipmissioner appointed for that purpose. Two witnesses requisite. A scpawl of a pen is sufficient for a seal. FOKM OF ACRNOWLiBDGMENT. City, County and State ) pf New-Yorjc, J ss. Be it lemembered, that on this twenty-fifth day of Sep- tember, 1854, before me, the subscriber, a Commissioner in and for the State of New- York, duly commissioned and au- thorized by the Cfovernor of the State of Pennsylvania, to take the acknowledgment and proof of deeds and other in- struments of writing, to be used or recorded in the said Statie of Pennsylvania, and to administer oaths and affirmations, &C/, personally appeared , the grantor in the foregoing indenture, deed, or conveyance named, and in due form of law acknowledged the said indenture to be his act and deed, and desired that the same as such, might be recorded according to law. In t€!sti«iony ^vhereo^ I have h;^f^vfy) set my hand and affixed my se^l of office, ^t my offiee, No, 140 Biroadway, in 1^ C^ty of New-York, the «day and year above written. Montgomery Gibbs, Commissioner, ^c 44. tha following is tbe form for dnstiand and Wife, jOintiy < dtp and County of Baltimore, State of Maryland, ss> Be- it remembered, that on this twenty-fifth day of Sep tember, 1854, before me, the- subscriber, a Conamissioner in and for the State of Maryland, duly commissioned' and Au- thorized by the Governor of the State of Pennsylvania, to take the acknowledgment and proof of deeds and other in str'U,ments of writing to be used or recorded in the said State of Pennsylvania, and to administer oaths and affirmations, &c., personally appeared ^. . , and his wife, grantors, in the above indenture, deed, or conveyance named, and in due forru^of law severally acknowledged the foregoing indenture, deed, or conveyance, to be their act and deed, and desired that the same, as such, might be recorded according, to. law. She;, the said being of full age, separate and apart from her said husband, by me thereon privately examined, , and the full contents thereof being by me first madp known to her, did declare and say, that she did, volun- tarily, and of her Own free will and accord,: sign, seal, and. as her own act and deed, deliver the foregoing indenture, deed, or conveyance, without any coercion or compulsion of her said husband. ', . -f^i^^fh ■ In testimony whereof, I have hereunto set my hiand and seal of ofiice, at my office, in the City of Baltic' more, the day and year above written. JaBBZ D. PllATT, Commisswner, 4*c. 4S DELAWARE. Deeds must.be acknowledged in any county before the Su-* perior Court, the Chancellor, or a Judge of the said Court, before a Notary Public, or before two Justices of the Peace for the same county. Deeds by a married woman shall be valid, — (the husband being likewise a party to such dpeds) — provided that upon a private examination, separate and apart from her husband, she admits that she executed ^aid deed of her own free will, without fear of her husband, or w.ithout coercion or threats* The Chancellor, a Judge, a Notary Public, or two Justices of the Peace for the same county, are duly authorized to make such private examination., The wife's acknowledgment must be certified under the hadd of the !Chancellor, Judged or Justices of the Peace, and under the hand dnd seal of the Clerk of the Court in which it is taken, or under the hand ' and notarial seal of the Notary before whorn. it is taken, in d, certificate annexed to, or endorsed upon the deed. If the examination or acknowledgment be made out of the State, it must bfe made before a Commissioner appointed for that purpose by the Governor, a Judge of a United States District Court, or before the Chancellor or a Judge of a Court of Record in any State, or County, or Territory, or before any Mayor or other Chief Officer of any City or Borough, and certified by an endorsement upon, or certifi- cate annexed to the deed, under the hand of such Commis- sioner, Chancellor, Judge, Mayor, or Chief Officer. Deeds must be recorded in the county where the lands are situated and not elsewhere. A scrawl of the pen will an- swer for a seal,, and deeds must have two witnesses. FORM OF AOKNOWlEHfiMENT. City and County of State of ss. Be it remembered, that on this fourteenth day of April, 1854, before me, the subscriber, a Commissioner in and for the State of , duly commissioaed and authorized by the Governor of the State of Delaware, to take the ac- knowledgment and proof of deeds, and other instruments of writing to be used or recorded in the said State of Delaware, and to administer «aths and affirmations, &c. personally ap^ peared , th* grantor in the foregoing indenture, deed or iconveyance named, and in due form of law acknowledged the said indenture to be his act and d€©d, and desired that the same, as such, might be recoiled ac- cording to law. In testimony whereof, I have hereunto set my hand and affixed my seal of office, at my office in the City of , the day and year last above named, [seal.] Commissioner, (^c. The Mowing Is thefAra for Hnslfind and Wife, jointly. City and County of > Statu of S **• Be it remembered, that on this fourteenth day of April, 1 854, before me, the lubscriber, a Commissioner in and for the State of , duly commissioned and authorized by thiB Goremoy of the State of DeUiwaie, to take the ao- 47 knowledgment and proof of deeds, end other instruments of writing to be used or recorded in the said State of Delaware^ and to administer oaths and affirmations, &c. personally ap- peared , and , his wife^ grantors in the above indenturcj deed, or conveyance named, and m due form of law, severally acknowledged the forego- ing indenture, deed or conveyance, to be their act and deed, and desired that the same, as such, might be recorded ac- cording to law. Shej the said , being of full age^ separate and apart from her said husband, by me thereunto privately examined, and the full contents thereof being by me first made kkown to her, did declare and say, that she did voluntarily, and of her own free will and accord, sign, seal, and as her own act and deed, deliver the foregoing indenture, deed or conveyance, without any coercion or com- pulsion of her said husbandj or fear of her husband's dis- pleasure. In testimony whereof, I have hereunto set my hand and affixed my seal of offiqe, the day and year last above named. « [seal.] Commissioner, ^c MARYLAND. Deeds, within the State, must be acknowledged before a Chief, or Associate Judge of a district, for lands lying within said district, or before two Justices of the Peace within their county ; satisfaction as to identity being given to the officer before whom the acknowledgment is made, and the said offi- cer certifying the same. In other States, the acknowledgment may be made before a Commissioner appointed for that pur> 48 pose, by the Governor, any Judge of the United Stateis Court, or a Judge of a Court of Record, such acknow- ledgment being certified under the ' hand of the Commis- sioner or Judge so taking it. It will also be requisite in cases where ' the acknowledgment is made befd^e a Judge for the Clerk of the Court where the acknowledg- ment is made, to certify under his hand, and the seal' of the Court, that the person taking said acknowledgment, isj at the time being, a duly commissioned and qualified Judge of said. Court. Without the United States, a duly appointed and recognized Consul, or Vice-Consul, may take acknow- ledgments by parties residing within their consulates, certi- fying said acknowledgments under their hand and official seal. • - Deeds require to be stamped,' and witnessed by twp par- ties. A scrawl of the pen is recognized for a seal. , Married women must be examined by the officer taking the acknowlec^gment ; and the conveyance will not be, valid unless she shall, wlien separate and apart from her husband, declare Ihat • she willing'ly executes and acknowledges the same, without any coercion or compulsion from the said husband, or fear of his displeasure, such deed to be signed and sealed by the wife separately and apairt from her hus- band, in the presence of the officer before whoni the acknow- ledgment is made, who will also have to certify to the fact upon the deed, or in a certificate to be attached to the deed, uiider his hand and seal. FORJtf OP ACKNOWLEDGMENT. City and County of Philadelphia, State of Pennsylvania, ss. Be it remembered, that on the first day of January, 1854, before me, the subscriber, a Commissioner in and for the State of Pennsylvania, duly commissioned and authorised by the Goveraor'of'the State of Maryland, to take the ackngw- 49 ledgment and proof of deeds and other instruments of writ,, ing to be used or recorded in the said State of Maryland, and to administer oaths and affirmations, &c., personally appeared , and his wife, they being known to me, [or, " they being patisfac- torily proven by oral testimony under oath, received by me," as the case may be,] to be the persons who are named and described a^, and professing to be, the parties to the fore- going deed or indenture, and do severally acknowledge the said indenture or instrument of writing, to be their respective act and deed ; the said signed and sealed said indenture before me, out of the presence and hearing of her husband ; and the said being by us examined, out of the presence and hearing of her said husband, " whether she doth execute and acknow- ledge the same, freely and voluntarily, and without being in- duced to do so by fear or threats of, or ill usage by, her hus- band, or by fear of his displeasure," declareth and saith, that she doth. In testimony whereof. I hereunto subscribe my name and affix, my seal of office, at my office, No. 88 Market Street, in the City of Philadelphia. [seal.] David B; Birney,- Commissioner, <^c. VIRGINIA. Conveyances of landsy tenements, or hereditaments must be immediately recorded in the County or Corporation in which said property may be situated, . otherwise they will be invalid so far as regards creditors and subsequent pur- chasers without notice. 7 50 When a husband and wife join in a deed or conveyance, the wife must be examined separate and apart from her hus- band, by a Justice of a Court of Record, or by a Clerk thereof, said Justice or Clerk fiilly explaining to her the nature and obligations of such deed or conveyance ; and if on such private examination, she declares that she executed the said deed or conveyance, of her own iiree will, and with- out any fear or compulsion of her husband, and does not wish to retract the same, such acknowledgment must be recorded in said Court of Record, or in the Clerk's office thereof. One witness only is required to a deed, and a scrawl of the pen is sufficient for a seal. A deed qf mortgage or trust (giving a lien on property exempt from distress or levy,) made by a parent or husband, so tar as it affects such pro- perty, is null and void. In trust estate, the husband has a right to curtesy, and the wife to dower. Within the State, acknowledgments other than the foregoing, may be made before the Court of Record, or the Clerk thereof, in the Court where it is to be recorded, or in any other State before a Commissioner, Jus- tice, or Notary Public. In any other State, the wife may appear and undergo an examination before a Commissioner, duly commissioned and authorized by the Governor of the State of Virginia, or be- fore two Justices at one and the same time, or before a Notary Public, and such Commissioner, Justices, or Notary Public, shall give a certificate, under seal, on the deed, or annexed to it, in the form following : FORM OP ACKNOWLEDGMENT. City and County of Philadelphia, State of Pennsylvania, ss. I, David B. Birney, a Commissioner in and for the State of Pennsylvania, duly commissioned and authorized by the 61 Governor of the State of Virginia, to take the acknowledg- ment and proof of deeds and other instruments of writing, to be used or recorded in the said State of Virginia, and to administer oaths, affirmations, &c., do certify that , the wife of , whose names are signed to the writing above, bearing date on the tenth day of Feb- ruary, one thousand eight hundred and fifty-four, personally appeared before me, in the County aforesaid, and being ex- amined by me privily and apart from her husbanet, and having the writing aforesaid fully explained to her, she, the said acknowledged the said writing to be her act, and declared that she had willingly executed the same, and does not wish to retract it. Given under my hand and seal of office, at my office, No. 88 Market Street, in the City of Philadel- phia, this twentieth day of February, 1854. [seal.] David B. Birnet, Commissioner, ^c. NORTH CAROLINA. l)eeds must be acknowledged before a Judge of the Su- preme Court, or the Superior Court, or in the County Court where the lands are situated, and must be registered by the Public Register of said county, within a perix)d of two years from the date of the deed. In any other State or Territory, the acknowledgment may be made before a Commissioner appointed for that purpose by the Governor, before a Judge of a Supreme, Superior, or Circuit Court ; said Commissioner or Judge certifying Cri the deed, or attached to it, such acknowledgment. If the acknowledgment be made before a Judge, a certificate m must be granted by the Governor of the State or Territoiy, or if in the District of Columbia, by the Secretary of State of the United States — ^that the said Judge, before whom the acknowledgedment was made, was at the time one of the Judges of either of the above named Courts of Law within the said State, Territory or District — which certificate shall also be attaphed to the deed. ■ When a husband and wife join in a conveyance, they must personally acknowledge the same before a Judge of the Su- preme or Superior Courts, or in the Court of the county where the estate is situated — the wife having first undergone an examination by such Judge, separate and apart from her husband, to show that she had executed the deed of her own free will, and without compulsion. A scrawl of the pen is accepted as a substitute for a seal. FORM OF, ACKNOWLEDGMEET. Cit^ and County of Baltimore, i State of Maryland, 5 **' Be it remembered, that on this twenty-first day of February, 1864, before the subscriber, a Commissioner in and for the State of Maryland, duly commissioned and authorized by the Governor of the State of North Carolina, to take the ac- knowledgment and proof of deeds, and other instruments of writing to be used or recorded in the said State of North Catolina, and to administer oaths and affirmations, &c. per- sonally appeared , and , his wife, to me known to be the individuals named in, and who executed the foregoing conveyance, and acknowledged: the execution thereof, the said having been first examined bjrme privately, and apart from her husband, the said touching the execution thereof; and it appearing that she executed the same freely, and of her own accord, without fear or compijlsion of the said , 53 her husband, and that she does voluntarily assent thereto, — ■ let it be registered. In testimony whereof, 1 have hereunto set my hand and affixed my seal of office, in the City of Bal- timore, the day and year first above written. [seal.] Jabez D. Pratt, Commissioner, <^c. SOUTH CAROLINA. Deeds may be acknowledged before any Magistrate by the grantor, on proof of their execution by either one of the two required witnesses, and should be recorded, without loss of time, in the office of the Register of mesne Conveyances of the district in which the property is situated. There is a Special Register in the Charleston district, but in all others, the Clerk of the Circuit Court acts as Register. In other States, the acknowledgment' may be niade before a Commissioner appointed for that purpose by the Governor. If the wife is of lawful age, she may release her dower in the property conveyed by her husband, by acknowledging before a Judge of the Court of Common Pleas, or Magistrate of the District in which said property may lie, upon a pri- vate examination, vpithout the hearing of her husband, that she voluntarily, and without coercion or fear of any one, re- nounces and releases her dower to the grantor, his heirs or assigns, in the property so conveyed. A certificate to this effect, under the hand of the wife, and the hand and seal of the officer before whom the acknowledgment has been Inade, must be endorsed upon such release, and recorded with the deed, in either of the before-mentioned offices. A scrawl of a pen may be used instead of a seal. u Form of Ackuowledgment by a Single Mm. Citf of Cincinnati, County of Hamilton, State of Ohio, ss. I, James Bimey, a Cpmmissioner in and for the State of Ohio, duly commissioned and authorized by the Gov- ernor of the State of South Carohna, to take the acknow- ledgment and proof of deeds and other instruments of writing, to be used or "recorded in the said State of South Carolina, and to administer oaths and affirmations, &c., do hereby certify that , did this day appear before me and acknowledged that he did sign, seal, and deliver the within conveyance unto, the within named , as his firee act and deed. Given under my hand and seal of office, at my office, in the City of Cincinnati, this sixth day of April, 1854. [seal.] James Biknby, Commissioner^ ^c. Form for the Eelease of Bower. City and County of St. Louis, i State of Missouri, S I, Edw;. W. Shands, a Commissioner in and for the State of Missouri, duly commissioned and authorized by the Governor of the State of South Carolina, to take the ac- knowledgment and proof of deeds, and other instruments of writing, to be used or recorded in the said State of South Carolina, and to administer oaths and affirmations, &c., do hereby certify unto all whom it ma,y concern, that , the wife of the within-named , did this day appear before me, and upon being privately and separately examined by me, did declare that she does' freely, voluntarily. 55 and, without any compulsion, dread, or fear, of any person or persons whomsoever, renounce, release, and for ever re- linquish unto the within-named , his heirs and assigns, all her interest and estate, and also all her right and claim of dower, of, in, or to, all and singular the premises within mentioned and released. Given under my hand and seal of office, at my office, in the City of St. Louis, this sixth day of April, 1854. [seal.] Edward W. Shands, Commissioner, ^c. Form of a Remmciation of an InlieTitanee. City of Richmond, .Henrico County, i State of Virginia, 5 I, James K. Lee, a Commissioner in and for the State of Virginia, duly commissioned and authorized by the Governor of the State- of South Corolina, to take the ac- knowledgment and proof of deeds, and other instruments of writing to be used or recorded in the said State of South Carolina, and to administer oaths and affirmations, &c. do hereby certify unto all whom it may concern, that the wife of the within named , did this day appear before me, and upon being privately and separately examined by me, did declare that she did actually join her said husband in executing the within release, and that the same was positively and bona fide executed, at least seven days before this her examination, and that she did then, and still does at this time, freely, voluntarily, and without any maiiner of compulsion, dread or fear, of any person or persons whomsoever, renounce, release, and for ever relin- quish, unto the within-named , his heirs and assigns, all her estate, interest and inheritance. 66 in all and. singular the premises within mentioned and re- leased. Given under my hand and seal of office, at my office, in the City of Richmond, this sixth day of April, 1854, [seal.] James K. Lee, Commissioner, ^c. GEORGIA. Deeds executed in the State, may be acknowledged before a Justice of the Peace, or a Justice or Clerk of the Superior Court, and must be registered by the Clerk of the Court in the County where the property is situated, within a year of th^ date of the deed. Two or more witnesses are requisite, and a scrawl of the pen answers for a seal. Deeds made out of the State may be acknowledged be- fore a Commissioner, duly appointed by the Governor for that purpose, and will be admitted to record on the affidavit of one of the subscribing witnesses. When a wife joins in the deed, she must undergo a private examination, separate and apart from her husband, before such Commissioner, Judge, or Clerk, and acknowledge' that she executed, .sealed, and delivered the said deed, without any compulsion or threat, and of her own free will, with the intention of renouncing thereby, and for ever giving up, her right of dower and thirds in and to the property mentioned in the said deed. The acknowledgment of persons residing abroad, may be made before the Consul or Vice Consul of the United States for the Consulate in which such persons may reside, such fi7 Consul or Vice Consul to certiiy the same, under his hand find official seal. The undisturbed possession of real estate for seven yearsj ^ives a good title to the possessor. TOS.fi OP ACKNOWLEDGMENT, Cit^ and County of Philadelphia, ) State of Pennsylvania, J * Be it remenabered, that on this second day of May, 1854, before the subscriber, a Commissioner in and for the State of Pennsylvania, duly commissioned and authorized by the Governor of the State of Georgia, to take the acknowledg- ment and proof of deeds, and other instruments of writing to be used or recorded in the said State of Georgia, and to administer oaths, affirmations, &c,, personally came and , his wife, to me known to be the per^ sons described in, and who executed the foregoing convey^ ance, and severally acknowledged that they executed the same ; and the said , on private examination, acknowledged and agreed that she did, of her own free vpill and accord, subscribe, seal, and deliver the said deed, with an intention thereby to renounce, give up, and fdr ever quit- claim, her right of dower and thirds, and all her other inte rest of, into, and to, the lands and tenements therein men- tioned. In testimony whereof, I have hereunto set my hand, and affixed my seal of office, at my office No. 88 Market Street, in the City of Philadelphia, the day and year first above written. [seal.] David B. Birnby, t Commissioner, <^c. 68 FLORIDA. Acknowledgments must be > made before some judicial officer of the State, or before the officer authorized by law to record deeds and conveyances ; provided, always, that the officer taking such acknowledgment shall be perfectly satisfied that the person making the acknowledgment is the person described in, and who executed the deed. Deeds require to he sealed and (Jelivered in the presence of at least two subscribing witnesses. Acknowledgments may be made in any other State, before a Commissioner appointed for that purpose by the Grovernor. A- wife may extinguish her dower in the property by join- ing in the conveyance, or by a distinct deed of relinquish- ment under her hand and seal, executed in the presence of" two' witnesses, but in no ' other way can she renounce her right of dower. Such reUnqiiishment, however, shall not in eithercase be valid or bindirig, unless it is accompanied by an acknowledgment under the hand and seal of the wile, taken and made privily before some judicial officer of the State, when made ^therein, or before a Commissioner when made in any other State, that the said relinquishment of dower is her own free and voluntary act, and without any fear, coer- cion, or constraint of her husband. The Separate relinquishment may be in the form following : State of i County of S Know all rnen by these presents, that I, . , wife of , grantor in the foregoing deed named, in consideration of one dollar to me in hand paid by , the receipt whereof is hereby acknowl- edged, have renounced, relitiquished, and released, and do by these presents lenounce, relinquish, and release unto the said , his heirs and assigns for ever, all my dower, and right of dower in^ to, and upon the lands, tene- ments, and hereditaments in the said deed conveyed. In witness whereoif, &c. Iri ptesince of two witnesses. [seal.] Conveyances rnqst .b6 recorded by the recording officer of the county in which the lands are situated ; and in order to be admitted to record, they must be acknowledged by the party' making them, or proved by one of the witnesses. ,- , ■ : s ' FORM OF ACKNOWLEDGMENT. SS. City and County of Albany, > i State of New-Yo7-k, J Be it remembered, that on this first day of June, 1854, befdrb the subscriber, a Commissioner in and for the State of New- York, duly comihissioned and authorized by the Gov- ,. ernor of the State of Florida, to take the acknowledgment and proof of deeds, and other instruments of writing to be used or recorded in the said State of Florida, and to ad- minister oaths, affirmations, &c. personally appeared , and , his wife, to me known to be the individuals named in, and who executed the foregoing convey- ance, and acknowledged that they d,id execute said convey- ance for the purposes expressed therein. And the said , wife of the said , being by me examined separate and apart from, and out of the hear- ing of her said husband, ajcknowledged that the relinquish- meill and fpiiunciation of dower, contained in thes foregoing conveyance ' executed' by her, w^s and, is made ;f^eelyj, ,volr. untarily, aind' without any compulsion, restraint, apprehen- sion, or fear of, or from her said husband. In testimony whereof, I have hereunto set my hand, and, affixed my seal of office, at my office in the City, of Albany, the day and year first above written. ' , [sBAi.j John Newland, Commissioner, ^c, m ALABAMA. Deeds may be acknowledged in the State before a Judge of the County Court, or Clerk of a Circuit Court, or a No- tary Public in any county for which he is duly commissioned, or any Justice of the Peace. Out of the State, they may be acknowledged before a Commissioner duly appointed by the Governor for that purpose. Wheii' the grantor of a deed acknowledges the same before an officer, no witness is re- quisite, and a scrawl of the pen answers for a seal. When a wife joins her husband in executing a deed, she need not be privately examined ; and provided she executes the said deed in the presence of two or more witnesses, or acknow- ledges such execution before a competent officer, she thereby relinquishes her right of dower in the land conveyed, and in such case a private examination of the wife is not requisite. Conveyances should be recorded immediately, and unless they are recorded within six months after their date, they will be void against a subsequent bona fide purchaser or mortgagee, without notice. All instruments purporting to be sealed are deemed sealed, whether the scrawl of the pen is added or not. rORM OP ACKNOWLEDGMENT, City, County, and State of New- York, ss. Be it remembered, that on this third day of June, 1854, before the subscriber, a Commissioner in and for the State of Alabama, duly commissioned and authorized by the Gov-' ernor of the State of Alabama, to take the acknowledg- ment and proof of deeds, and other instruments of writing, to be used or recorded in the said State of Alabama, and to adminster oaths, affirmations, &c., personally appeared the above named , and acknowledged that he signed, sealed, and delivered, the foregoing deed, on 61 tl^e day Snd-.year therein mentiomed, to the aforesaid , and also appeared personally before me, , wife of the said , Who, being examined privately and apart from her said husband, acknowledged that she signed, sealed, and delivered the said deed, freely and of her own accord, and without any fear, threats, or compulsion of her said husband. In testimony whereof, I have hereunto set my hand and affixed my seal of office, at my office, No. 140 Broadway, in the City of New- York, on the day and year last above mentioned. [seal.] Montgomery Gibbs, Commissioner, i^c. f MISSISSIPPI. Deeds must have two witnesses, and a seal must be used. Acknowledgments in t^e State, may be made by the grantor,- or proved by one or more of the subscribing witnesses, be- fore a Judge of the Supreme Court of the State, a Justice of tlie Peace, a Justice of a County Court, or a Notary Public of the County in which the property, or some part thereof lies, said acknowledgment to be certified at the foot, or on the back of the said deed, by the officer before whom it was made, and recorded with the Clerk of the County Court where the land lies. In other States or Ter- ritories, the acknowledgment must be made before a Com- missioner appointed by the Governor for that purpose, before the Chief Justice of the United States, or an Associate Jus- tice of the Supreme Court, of the United States, a District Judge of the same, or any Judge or Justice of the Supreme or Superior Courts of any State or Territory of the Union< 62;^ Acknowi«dgmem:ts jnajTibe made'sbtoad/ blefdre' latoy State'ofiTeknessee, i ' Personally appeared before me, Hume F.Hill, a Commis- sioner in and for the State of Tennessee,' duly commissioned and authorized by the Governor of the State of Mississippi, to take the acknowledgment and proof of deeds and other instruments of writing, to be used or recorded in the said State of Mississippi, and to administer oaths, affirmations, &c. the above named , and , his wife, arid severally acknowledged the foregoing deed to be their voluntary act and deed, for the uses and purposes therein mentioned. And the said , did, moreover, on a private examination made of her by me, apart from her husband, acknowledge that she sighedj^ se&led and deli've^fed thegame as her voluntary act and deed, freely, withSut'afffjr'"' fcajjjilihreatSj or compulsion of hen said^husband,' In testimony, whereof, I have hereunto set my hand and' affixed my seal of office, in the Citypf Mem- ' phis, this twenty-ninth day of April, 1854. ' [seal.] HtJME F. Hill, Commissioner, ^e. «3 LOUISIANA. Deeds may be recorded without any proof or authentica- tion, with a Notary Public. They are divided intb two classes, and are called acts of sale, authentic and private. Authentic acts are those where the parties thereto appear before a Notary Public, and said Notary reduces the con- tract to writing, and signs it, together with the parties, in the presence of two witnesses, who must be free males, and over fourteen years of age. A private act is merely under the hands of the parties thereto. Form of Acknowledgment by Husband and Wife. Ganandaigua, County of Ontdrio, i State of New- York, y ** Be it remembered, that on.this secondday of May^ 1854, befpre the subscriber, a Commissioner in and for thte State of New-York, duly commissioned and authorized by the Goyernpr of the State.of Louisiana, to take the ackiib^siledg- ment, of deeds, and other instruments in writings to be used oi; jecprded in the said State of Louisiana, and to adminis- ter oaths and affirmations, &c., personally appeared , and , his wife, to me known to be the individuals named in, and. who executed the foreigoing con- veyance, and acknowledged that they did execute -the said cqiiveyan^ie, for the purposes expressed therein. And the said , wife of said , haTfing , beeij privately and separately examined by ■ me, did,. declare ^that she did freely, voluntarily, and without any compulsion, dread or fear of •■ any person or persons whomsoever, renounce, release, and for ever reHiiqtiish ' untpjhp. within named , his heirs and • .64 assigns, all her interest and estate, and also, all her right and claim of dower, of,' in, or to, all and singular the premises within mentioned and released. , In testimony whereof, I have hereunto s6t my hand and affixed my seal of office, at my office in Canan- daigua, thp day and year first above written. [sEAii.] S. W. Salisbury, Commissioner, <^c^ TEXAS. Deeds must be sealed, unless it is expressly declared in them that a scrawl of the pen will be made an^ recognized as a seal. Two witnesses are requisite. Deeds must be recorded in the office of the Clerk of the County Court, in t^e County in which the properly, or a portion of it, is situated. A mortgage of real estate must be recorded in the County where such estate is situated, within ninety days from" the date thereof, otherwise it- will not be a lien. Deeds, in order to be recorded, must first be proved by a subscribing witness, or acknowledged by the grantor be- fore a Notary Public, or Clerk of a County Court in the State ; or, if in any other part of the Union, before a Coin- missioner, appointed for' that purpose by the Governor, or before a Judge of a Court of Record, having a seal; or, if out of the United States, before a Minister, Charg^ d' Affaires, or Consul of the United Stateis. The acknowl- edgment must be certified under the hand and seal of the officer before whom such acknowledgment is made. In the case of a wife conveying her separate estatei she must acknowledge it before a Judge of the District Courtj or .'Chief Justice of the County Court; or if she only re- leases her interest in her husband's estate, the acknowledg- ment may be made before any Judge of the Siipreme or 65 District Court, or Notary Public, or Commissioner appointed by the Governor for that piirpose, if out of the State, In either ease the certificate of acknowledgment must declare that the wife has been privately and separately examined by the Officer granting the certificate, that the nature and meaning of the deed was fully explained to her, and that she acknowledged it as her act and deed, and declared that she had willingly, and of her own accord, and without any fear or compulsion of her husband, signed, sealed, and delivered the same, and had no wish to retract it. The certificate, in other cases, must state that the grantor appeared before the Officer, and acknowledged that he executed the instru-. ment for the consideration and purposes therein stated, FORM OF ACKNOWLEDGMENT. City of Cincinnati, County of ) Hamilton, State of Ohio, y ' Be it remembered, that on this tenth day of January, 1854, before the subscriber, a Commissioner in and for the State of Ohio, duly commissioned and authorized by the Governor of the State of Texas, to take the acknowledgment and proof of deeds, and other instruments of writing, to be used or re- corded in the said State of Texas, and to administer oaths and affirmations, &c., personally appeared , and , his wife, to me known to be the indi- viduals named in, and who executed the foregoing convey, ance, and acknowledged that they executed the same ; and the said , on a private examination, separate and apart from her said husband, acknowledged that she executed the same freely, and without any fear or oompul. sion of her said husband. In testimony whereof, I have hereunto set my hand and affixed my seal of office, at my office in the City of Cincinnati, the day and year first above written. [seal.] James BinNEv, 9 Commissioner, <^c. 66 ARKANSAS. Deeds shall be executed in the presence of two witnesses, and must be sealed. If in the State, they should be acknow- ledged before the Circuit Court, the Supreme Court, or either of the Judges thereof, or the Clerk of either of said Courts, or before the County Court, or the presiding Judge thereof, or any Justice of the Peace, or Notary Public. If in any other part of the Union, before a Commissioner ap- pointed by the Governor for thiat purpose, any United States Court, or Court of any State or Territory having a seal, or the Clerk of any such Court, or the Mayor or other Chief Officer of any city or town having an official seal. If in a foreign country, before any Court having a seal, or a Mayor or other Chief Officer of any city or town having an official seal. Unless the grantor is personally known to the Officer, he must produce satisfactory proof of identity. The grantor must declare that he executed the deed for the consideration and purposes mentioned therein. The certificat;^ of acknowl- edgment must be sealed with the seal of the officer; ; but in case he has no such seal, his official signature, will be deemed sufficient. A wife must appear before such Commissioner, Court, or other officer, of her own will, and separate and apart from her husband, declare that she executed the deed voluntarily, and without fear — or, that she had signed and sealed the re- linquishment of her dower for the purposes mentioned there- in,, without any coercion, dread or fear of her husband. Deeds should" be recorded in the county where the land Ues, by the Recorder of said county. FORM OF ACKNOWLEDGMENT. City and County of St. Louis,. } State of Missouri, ,, ), Be it remembered, that on this second day of June, 1854, before the subscriber, a Commissioner in and for the State 67 of Missouri, duly commissioned and authorized by the Gov- ernor of the State of Arkansas, to take the acknowledgment and proof of deeds, and other instruments of writing, to be iised or recorded in the said State of Arkansas, and to admin- ister oaths and affirmations, &c., personally appeared , and , his wife, to me person- ally known to be the persons described in and who exacuted the foregoing conveyance, and severally acknowledged that they executed the same, for the consideration and purposes therein mentioned ; and the said , having voluntarily appeared before me, in the absence of her hus- band, declared that she had, of her own free will, executed the said conveyance, and had signed and sealed the relin- quishment of her dower, for the purposes therein eontained and set forth, without compulsion or undue influence of her husband. In testimony whereof, I have hereunto set my hand and affixed my seal of office, at my office in the City of Saint Louis, the day and year first above written. [seal.] E. W. Shands, Commissioner, <^c. TENNESSEE. Deeds must be attested by two witnesses, sealed and re- corded in the office of, the Register of the County in which the lands lie. Acknowledgments may be made in the fetate, before the Clerk of any County Court, If made in any other part of the United Stages, they must be acknowledged before a 68 Commissioner, appointed by the Governor for that purpose, before a Notary Public, under his official seal, or before any Judge of a Supreme, Circuit, or Superior Court of any State or Territory. The Officer must give a certificate of such acknowledgment on the deed, or, attached to it ; and in the event of the acknovi^ledgment being made before a Judge, the official character of such Judge must be certified by the Governor of the State or Territory, under the great seal thereof, in which said Judge resides. When a married Woman joins in the deed, she must be privily examined by the Officer taking the acknowledgment, and declare that she executed said deed freely, voluntarily, and understand- Ingly^ without compulsion or restraint from lier husband, and for the pvifpoges expressed therein. POEM OF ACKNOWLEDGMENT. "Washington City, District ) of Columbia, S ' Personally appeared before me, Charles De Selding, a Commissioner in and for the District of Columbia, duly commissioned and authorized by the Governor of the State of Tennessee, to take the acknowledgment and proof of deeds, and other instruments of writing, to be used or re- corded in the said State of Tennessee, and to administer oaths and affirmations, &c., the within named , with ' , his wife, with whom I am personally acquainted, and who acknowledged that he executed the within deed for the purposes therein contained. And , having also personally appeared before hie, privately and apart from her husband, the said , acknowledged the execution of said deed to have been done by her'freely; Voluntarily, and understtlnd.^ 69 ingly, without cbmpuision or restraint from her said husband, and for the purposes therein expressed. In testimony whereof, I have hereunto set my hand and affixed ray seal of office, at my office in the City of Washington, this twenty-first day of Novem- ber, 1854. [seal.] Charles De Seldino, Commissioner, <^e. KENTUCKY. No seal or scroll or indentation is necessary to give va- lidity to a deed, except a deed from a corporate body. No real estate can be conveyed for a longer term than one year, unless by deed or will, and if by deed, duly recorded in the County Clerk's office, where the land is situated. Powers of attorney to convey land may be- acknowledged before the County Clerk, or his deputy, in the same manner that deeds are acknowledged. Deeds executed in this State by per- sons other than femes covert, or married women, may be acknowledged before the County Clerk or his deputy, or in presence of two subscribing witnesses, and the witnesses testifying before the Clerk, or his deputy, as to the execu- tion. The feme covert, or married woman, must relinquish before the Clerk, or his deputy. No deed shall be legally lodged for record in this State until the State tax is paid on same. In any other part of the United States, the acknowl^ ledgmeut may be mads before a Commissioner appointed by the Governor for that purpose, or before any Judge, Justicoj 70 or Clerk of a Superior or inferior Court of the County, Dis- trict, or place where the parties reside. Mayor of a City, or ■ Secretary of State. When a wife is a party to the deed, , she must be examined privily and apart from her husband, and declare that she freely and willingly sealed and deliv- ered the said conveyance, (which must be shOwn and ex- plained to her), and that she does not wish to retract it, and acknowledges it to be her act, and gives her consent to its being recorded. When the acknowledgment is taken by an Officer in the State, he shall simply certify the fact, and when it was done, which shaU be evidence that ihefeme rehnquished her dower or inheritance. When acknowledged in another State, the following form must be observed : FORM OF ACKNOWLEDGMENT. City of Memphis, Shelby County, ) State of Tennessee, J Be it remembered, that on this first day of February, 1854, before the subscriber, a Commissioner in and for the State of Tennessee, duly commissioned and authorized by the Governor of the State of Kentucky, to take the ac- knowledgment and prbof of deeds, and other instruments of writing to be i^sed or recorded in the said State of Kentucky, and to administer oaths, afl[irmations, &c., personally came , and his wife, 'to me known to be the persons described in, and who executed the foregoing conveyance, and severally acknowledged that they executed the same ; and the said , on an examination by me, privily and apart' from her husband, de- clared that she did freely and willingly seal and deliver the said conveyance, which was then by me shown and explained to her, and that she wishes not to retract it, andlicknowl- 71 edged it to be her act, and consented that it may be re- corded. In testimony whereof, I have hereunto set my hand and aflSxed my seal of office, at my office, in the City of Memphis, on the day and year first abov© written. [seal.] Hume F. Hill, Commissioner, ^c. OHIO. ibeeds must be signed and sealed in the presence of two witnesses. A scrawl of the pen is recognized for a seal. Acknowledgments must be made before a Judge of the Supreme Court or Common Pleas, or before a Justice of the Peace, Notary Public, Mayor, or other Chief Offi- cer of any incorporated town or city, said Officer certify- ing such acknowledgment on the same paper on which the deed may be printed or written. Out of the State, acknowl- edgments may be made' before a Commissioner appointed for that purpose, and such acknowledgment and execution out of the State shall be as valid as if executed within this State, where the property is situated. When a husband and wife (the latter being eighteen years of age or upwards,) shall execute any deed for the conveyance or incumbrance of the estate of the wife, or her right of dower in any lands, &c., situate within this State, such deed must be signed and sealed by the husband and wife, attested by two witnesses, and acknowledged as above prescribed ; and in addition, the Officer taking such acknowledgment, shall examine the wife separate and, apart from her husband, and shall read and ex- plain to her the contents of such deed, and if she shall 72 upon such separate examination, declare that she voluntarily' signed, sealed, and acknowledged the same, and is still satis- fied therewith, such Officer shall certify such examination and acknowledgment of the wiiFe, together with the acknowl- edgment, as before mentioned, on such deed, dec, and sub- scribe his name thereto. FORM OF ACKNOWLBDGMBNT. City, County, and State of } New-York, T^' Be it remembered, that on this twenty-second day of May, 1 854, before the subscriber, a Commissioner in and for the State of New- York,, duly commissioned and authorized by the Governor of the State of Ohio, to take the acknowl- edgment and proof of deeds and other instruments of writ- ing to be used or recorded m the said State of Ohio, and to administer oaths and affirmations, &c., personally ap- peared , and - , his wife, to me known to be the individuals described in, and who executed the foregoing instrument ; who acknowledged that they did sigii and seal the said instrument; and that the same is their free act and deed. I further certify, that I did examine the said , separate and apart from her said husband, and did then and there make known to her the contents of the foregoing instrument ; and upon that examination she declared that she did volun- tarily sign, seal, and acknowledge the same, and that ahe Was still satisfied therewith. In testimony whereof, I have hereunto set nay hand and affixed my seal of office, at my office, in the City of New- York, on the day and year first above written. [seal.] Montgomery Gibbs, Commissioner, ^c. 73 MICHIGAN. Laws of Michigan, relative to the Execution, Acknowledg- ment and Authentication of Deeds, and other Instruments affecting Lands — Rev. Stat. A, D. 1846 : Deeds executed within this State, of lands, or any interest in lands therein, shall be , executed in the presence of two witnesses, who shall subscribe their names to the same as such, and the persons executing such deeds may acknowl- edge the execution thereof before any Judge or Commis- sioner of a Court of Record, or before any Notary Pubhc, Justice of the Peace, or Master in Chancery, within the State, and the officer taking such acknowledgment, shall endorse thereon a certificate of the acknowledgment thereof, and the true date of making the same under his hand. If any such deed shall be executed in any other State, Territory or District of the United States, such deed may be executed according to the laws of such State, Territory or District, and the execution thereof may be acknowledged before any Judge of a Court of Record, Notary Public, Justice of the Peace, Master in Chancery, or other officet authorized by the laws of such State, Territory or District to take the acknowledgment of deeds therein, or before any Commissioner appointed by the Governor of this State for such purpose. In the cases provided for in the last preceding section, un- less the acknowledgment be taken before a Commissioner appointed by the Governor of this State for that purpose, such deed shall have attached thereto a certificate of the Clerk, or other proper certifying officer of a Court of Record of the County or District within Which such acknowledgment was taken, under [the] seal of his ofiice, 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 believes the signature of such person sub- 10 74 scribed thereto to be genuine, and that the deed is executed and acknowledged according to the laws of such State, Ter- ritoi^Jr or District. If such deed be executed in any foreign country, it may be executed according to the laws of such country, and the execution thereof may be acknowledged before any Notary Public therein, or before any Minister Plenipotentiary, Minis- ter Extraordinary, Minister Resident, Charge d'AiFaires, Commissioner or Consul of the United States, appointed to reside therein ; which acknowledgment shall be certified thereon, by the officer taking the same under his hand, and if taken before a Notary Public, his seal of office shall bp affixed to such certificate^ When any married woman residing in this State, shall join with her husband in a deed of conveyance of real estate, situate within this State, the acknowledgment of the wife shall be taken separately and apart from her husband ; ana she shall acknowledge that she executed said deed freely, and without any fear or compulsion from any one. When any married woman not residing in this State, shall join withher husband in any conveyance of real estate situated within this State, the conveyance, shall have the same effisct as if she were sole, and the acknowledgment or proof of the execution of such conveyance by her,, may be the same as if she were sole. ■ ^ , ' Mortgages may be discharged by a " certificate executed by the mortgagee, his personal representatives or assigns, acknowledged and certified as herein before . prescribed, to entitle conveyances to be recorded, specifying that such mort- gage has been paid, or otherwise satisfied or discharged." — [Sec. 42, p. 267.] Deeds, &c., must be acknowledged. Proof hy subscribing ■yidtness is not good. Deeds, &c., acknowledged before a Commissioner for Michigan'should have two subscribing witnesses, but do not require a Clerk's certificate. The form of Clerk's certificate 76 generally used in New- York and other States, is sufficient to show the official character and signature of the acknowl- edging officer ; but the Clerk's certificate must also contain these words : " And that said deed," [mortgage or instru ment,] " is executed and acknowledged according to the laws of this State," [territory or district]. The most frequent de- fect in certificates is the omission of these words. A strict compliance with the statute is necessary to entitle deeds, &c., to be recorded, or to make the record available. Certificate of Acknowledgment; City, County, and State of\ New-York, ' J **• Be it remembered, that on this thirtieth day of May, in the year one thousand eight hundred and fifty-four, before me, the subscriber, a Commissioner in and for the said State of New-York, appointed by the Governor of the State of Michi- gan, to take the acknowledgment and proof of deeds and instruments of writing, under seal, to be used and recorded in the said State of Michigan, and to administer oaths and affirmations, appeared , and , ' his wife, and acknowledged that they had severally executed the within instrument for the uses and purposes therein men- tioned ; and the said , on a private examination, apart from her husband, acknowledged that she executed the within instrument freely, and without fear or compulsion from any one ; and I fiirther certify, that the persons who made the said acknowledgment are known to me to be the indivi- duals described in and who executed the within instrument. In testimony whereof, I have hereunto set my hand and affixed my official seal, at my office, in the City of NeW'York, the day and year above writ- ten. [bbal.] Montgomery Gibbs, ' Commissioner, ^c. 76 INDIANA. ,j. l^eeds, to be entitled to record, must be acknowledged by the person or persons executing them, or proved by a sub- scribing witness thereto, before any Judge of the Supreme or Circuit Courts, Justice of the Peace, Notary Public, or Mayor of a City, if within the State. If in any other part of the United States, the acknowledgment may be mad^ before a Commissioner appointed by the Governor for that purpose, any Judge of a Supreme or Circuit Court, or Court of Common Pleas, or Justice of the Peace, or Notary Public, or Mayor or Recorder of a City. If in a foreign country, before any Public Minister, Charge d' Affaires, or Consul of the United States. Deeds must be recorded within ninety days after the date of their execution, in the office of the Clerk of the County where the property lies. A scrawl ojl the pen may be substituted for a seal. ACKNOWLEDGMENTS — (§66 Act of 1,852.) it shall riot be necessary for a married woman to acknowl- edge her deed in any form other than that required by un- married persons. Any married woman over the age. of eighteen years, and under the age of twenty -one years, may convey her right in and to any lands of hfer husband, sold and conveyed by him, by executing and acknowledging the execution of such con- veyance, if the father, or if there be no father, then the mother of such married woman, shall declare, before the officer' taking such acknowledgment, that he or she believes that such conveyance is for the benefit of such married woman, and that it would be prejudicial to her and her husband, to be prevented from disposing of the lands thus conveyed ; which declaration, with the name of such father or mother, shall be inserted as a part of the certificate of the officer taking such acknowledgment. The following, or' any other HI form substalitiaUy the same, shall be a good or sufficient form of actnowledgmeat of JBiy deed of mortgage : FORM. City, County and State ' ' New^YorJc, r*' I-' ' ' •, '- ■ '^'"-'v Be it remembered, that on this thirteenth day of Septem- ber, 1854i before; the subscriber, a Commissioner in and for the State of New-York, duly commissioned and authorized by the Governor, of the State) of /Missouri, to take the ac- knowledgment and proof of deeds and other instruments of writing, to be used or recorded in the said State of Missouri, 11 82 and to administer oaths and affirmations, &c., personally appeared , and , his wif«, to me personally known to be the persons whose names are subscribed to the foregoing deed, as parties thereto, and acknowledged that they executed the same for the purposes therein mentioned ; and the said , being by me examined apart from her husband^ and made fully acquainted with the contents of the foregoing deed, acknowledged that she executed the same freely, and without fear, compulsion, or undue influence of her said husband. Jn testimony whereof, I have hereunto set my hand and affixed my seal of office, at my office in the City of New- York, the day and year first above writ- ten. ' [seal.] Montgomery Gibbs, Commissioner, ^c. IOWA, Deeds and conveyances may be acknowledged before any Court having a seal, a Justice or Clerk of such Court, a Justice of the Peace or Notary Public within the State, and in any other State before a Commissioner appointed, by the Governor for that purpose, or before either of the above mentioned officers. When the acknowledgment is made before a Justice of the Peace, out of the County where the property lies, said acknowledgment must be ac- companied by a certificate from the Clerk of the District Court of the County where the acknowledgment is made, that the Justice was at the time, an acting Justice of the Peace for such County, . The certificate of acknowledgment must state that the in- dividual making the acknowledgment was personally known 83 to at least on6 of the Judges (when taken before the Court), or to the officer taking the acknowledgment, to be the iden tical person whose name is affixed to the deed as grantor, or that such identity was proved by at least one credible wit- ness — (naming him). ' The certificate of acknowledgment of a wife, must state that she was personally known to the officer to be the per- son whose name is subscribed to such deed, that she was made acquainted with the contents of such deed, and ac- knowledged, apart from her husband, that she executed the same, and relinquished her dower in the real estate therein mentioned, freely and without compulsion or undue influence of her husband. Deeds, and conveyances of any description, must be re- corded in the office of the Recorder of the County in which the real estate conveyed or affected is situate, and no deed is valid except between the parties thereto, until it is depo- sited with the Recorder for record, being of course first duly proved and acknowledged, FORM OF ACKNOWLEDGMENT. City of Chveland, County of ^ Cuyahoga, State of Ohio, Be it remembered, that on this fourth day of Jiinej 1854, before the subscriber^ a Commissioner in and for the State of Ohio, duly commissioned and authorized by the Governor of the State of Iowa, to take the acknowledgment and proof of deeds and other instruments of vmting, to be used or recorded therein, and tp administer oaths and affirmations, &c., personally appeared , and , his wife, to me known to be the individuals named in, and who executed the foregoing conveyance as parties thereto, and acknowledged that they executed and delivered the same, as their voluntary act and deed, for the uses and purposes therein contained ; and the said , on a separate 84 examination, apart from her husband, hating been by me first ftiade acquainted with the contents of said confeijalb6e, acknowledged that she executed the same, ' and relinquished her dower in the lands therein described, freely and without any cbmpulsion from Or influenceof her said husband. In testimony whereof, I have hereunto set my hand, and affixed myi seal pf office, at niy.office in the City of Cleveland, the day and year first above written. [seal.] ' James Wade, Jr., ' -.^■' Gminiissioner, 6^t. WISCONSIN. Deeds within the State may be acknowledged before any Judge or Commissioner' of a Court of Record, or before any Justice of the Peace, or Notary Pubhc. In any other part of the United States, the deed may be executed according to the laws of the State, Territoryor District in which the party resides, and acknowledged before a Commissioner, ap- pointed for that purpose by the Governor, before any Judge of a Court of Record, Notairy Public, Justice of the Peace, Master in, Chancery, or other officer .authorized by the laws ,of, such State, Territory or Di«triot, to take: acknowledg- ments of deeds therein, and the certificate of acknowledg- ment, except when raade by ■ a Commissioner for Wiscon- sin, shall have attached to it a certificate of the Clerk'or other proper certifying officer of ^' Court of Record' of the County or District within which such acknowledgment was taken, under the , seal ; of his office, that- the person who»0 name is subscribed to the certificate of acknowledgment, was, at the date thereof, such officer as he.is thereih repre- sented to be ; that he believes the. signature of such-persqn .&uljS(jribed thereto to be genuine ; and. that the deed is exfe- 85 cuted and acknowledged according to the laws of such State, Territory, or District. r— - -- ..i:.v.. If in a foreign country, the acknowledgment may be made befpr* a Minister Plenipotentiary, a Minister Resident, ' or Consul appointed to reside therein by the United States, or before any Notary Public. To entitle a deed or other instrument to be read in evi- dence or recorded, it must be executed in the presence of at least two witnesses, who must subscribe their names thereto, and acknowledged by the party executing it, or must be provediby a subscribing witness. The person making the acknowledgment should be person- ally known to the officer, or his identity proved by a witness. If the instrument is proved by a subscribing witness there- to, such witness should be personally known to thfe officer, or his identity proved by the oath of another. Where any feme covert shall join with her husband in any deed or conveyance of or relating to any bonds or real estate situated in this State, or where she alone, without joining with. her husband, shall execute any release of dower, she shall be barred of and from all claim of dower, and all other right and title therein, the same as if she were sole, and her acknowledgment or proof of the execution thereof may be the same as if she were sole. By the laws of this State, all deeds, &c., relating to real estate, must be executed under seal, which must be a scroll in ink, or a wafer, or wax. I ■■■ FORMS : AeknoTrledgment by a Petson known to the Commissioner, City, County, and State of) New-York, «/}, Be it remembered, that on this first day of September, in the year eighteen hundred and fifty-four, before the sub- 86 scriber, a Commissioner ^n and for said State of New-York, appointed by the Governor of the State of Wisconsin, to take the acknowledgirlent and proof of the execution of deeds, or other conveyances, or leases, and of any contract, letter of attorney, or other writing, under seal or not, ad- minister oaths, and take and certify depositions to be used or recorded in the said State of Wisconsin, appeared , described in, and who executed the within (or hereto annexed) instrument of writing between him as one of the parties thereto, and , the other party theretb, and the said , acknowledged that he executed the said instrument freely for the purposes therein stated ; and I certify that the person who made the said acknowledgment is known to me to be the individual de- scribed in and who executed the said instrument. In testimony whereof, I have hereunto set my hand and affixed nay seal of office, at my office, No. 140 Broadway, in the City of New- York, the day and year first above written. :■ [seal.] Montgomery Gibbs, Commissioner, ^c. Aeknowledgment b; a Person not Imown to tlie Conunissionertt City and County of Erie, \ State of Pennsylvania, 5 Be it remembered, that on this first day of September, in the year eighteen hundred and fifty-four, before the sub- scriber, a Commissioner in and for the State of Pennsyl- vania, appointed by the Governor of the State of Wisconsin, to take the acknowledgment and proof of the execution of deeds, or other conveyances, or leases, and of any contract, 87 letter of attorney, or other writing, under seal or not, admin- ister oaths, and take and certify deposition^ to be used or re- corded in the State of Wisconsin, appeared , described in and who executed the Within (or hereto annexed) instruments of writing, between him as one of the parties thereto, and , the other party thereto, and the said , acknowledged that he executed the said instrument freely for the purposes therein stated ; and at the same time appeared , who being by me duly sworn, deposes and says, that he resides in the town of , in the County of , in the State of , and that he knows the per- son so making the said acknowledgment to be the individual described in, and who executed the said instrument ; which is to me satisfactory evidence of those facts. In testimony whereof, I have hereunto set my hand, and affixed my seal of office, at my office in the City of Erie, the day and year first above writ- ten. [seal.] Benjamin Grant, Commissioner, ^e. Acknoirledgment by Hasfeand and Wife knotnt to a Commissioner. City of Syracuse, County of Onondaga, } State of New-York, J**' Be it remembered, that on this first day of September, 1854 before the subscriber, a Commissioner in and for the State of New-York, appointed by the Governor of the State of Wisconsin, to take the acknowledgment and proof of the execution of deeds, or other conveyances, or leases, and of any contract, letter of attorney, or other writing, under 88 sfealor not, administer oaths, and take and certify deposi- tions to be used or recorded in the said State of Wisconsin, appeated , , and • , his wife, per-s'OM» described in, and who executed the within {or hereto an, nexed) instrument of writing between them, as one of the parties thereto, and ' " •' , the other party thereto, and they acknowledged that they severally executed the said instrument of writing, freely,' for the purposes therein stated ; and the said , on being made ac- quainted with the contents thereof by me, and on a private examination apart from heir husband, acknowledged that she executed the said instrument of writing freely, and without any fear or compulsion of her said husband, or of any other person ; and I further certify, that I know that -the pjersons who made the said acknowledgment are the identical persons described in, and who executed the within instrument of writing. In testimony whereof, I have hereunto set my hand, and affixed luy seal of office, at my officp in the City of Syracuse, the day and year first above written. [seal.] J. L. Babg, Commissioner, ^c. Aeknowledgment liy Husband and Wife not known to the Commissioner. City of Rochester, County of Monrbk, i State of New-York, ' J **• Be it rieinembered, that on this first day of September, in the year eighteen hundred. and fifty-four, before the sub, scriber, a Commissioner in and for the State of New- York, 89 appointed by the Governor of the State of Wisconsin, to take the acknowledgment and proof of the execution of deeds, or other conveyances, or leases, and of any contract, letter of at- torney, or other writing under seal or not, administer oaths, and take and certify depositions to be used or recorded in the said StE(te of Wisconsin, appeared , and his wife, persons described in, and who executed the within (or hereto annexed) instrument of writing between them as one of the parties thereto, and the other party thereto, and they acknowledged that they severally executed the said instrument of writing freely for the purposes therein stated ; and the said , on being made acquainted with the contents thereof by me, and on a private examination, apart from her husband, acknowledged that she executed the said instru- ment of writing freely and without any fear or compulsion of her said husband or of any other person ; and I further certify that at the same time appeared before me , who being by me duly sworn, deposes that he resides in the town of in the County of , in the State of , and that he knows the persons making the said acknowledgment to be the identical persons described in, and who executed the said instrument, which is satisfactory evidence to me. In testimony whereof, I have hereunto set my hand a,nd affixed my seal of office, at my office in the City of Rochester, the day and year first above writ- ten. [sEAi..] H. A. Brewster, Commissioner, ^c. 12 90 Priraf by a WltaeeB known to ttie Commtesloner. City, County, and State of ) New-Yorh, T*' Be it remembered, that on the first day of September, in the year eighteen hundred and fiftyfour, before the sub- scriber, a Commissioner in and for the State of New- York, appointed by the Governor of the State of Wisconsin, to take the acknowledgment and proof of the execution of deeds, or other conveyances, or leases, and of any contract, letter of attorney, or other writing under seal or not, admin- ister oaths, and take ajid certify depositions, to be used or recorded in the said State of Wisconsin, appeared with whom I am personally acquainted, who being by me duly sworn, deposes that he resides in the City of , in the County of , in the State of , that he is a subscribing witness to the execution of the within (or hereunto annexed) instrument of writing, wherein , is one of the parties therein, and , the other party, and that he saw the said , execute the same, whom he knew to be the identical person described therein, which is satisfactory evidence to me of the due execution of said instrument. In testimony whereof, I have hereunto set my hand and affixed my seal of office, at my office, in the City of New- York, the day and year first above written, [^EAi,.] Montgomery Gibbs, Commissioner, ^c. 91 Proof 1>7 a Vltness not knoTm to the Commlsstoneri City of Boston, County of Suffolk, State of Massschusetts, > ss. Be it remembered, that on this first day of September, in the year eighteen hundred and fifty-four, before the sub- scriber, a Commissioner in and for the State of Massachu- setts, appointed by the Governor of the State of Wisconsin, to take the acknowledgment and proof of the execution of deeds, or other conveyances, or leases, and of any contract, letter of attorney, or other writing, under seal or not, ad- minister oaths, and take and certify depositions to be used or recorded in the State of Wisconsin, appeared , who being my me duly sworn, deposes that he resides in the town of , in the County of , in the State of , that he is a subscribing witness to the execution of the within (or hereunto annexed) instrument of writing, wherein , is one of the parties, and the other party, and that he saw the said execute the same, and he knew him to be the identical per- son therein described ; and at the same time appeared , who being also by me duly sworn, deposes that he resides in the City of , in the County of , in the State of , and that he knows the said , to be the same person who wa,s a subscribing witness to the said instrument ; all which is to me satisfactory evidence of the due execution of the said instrument. In testimony whereof, I have hereunto set my hand and affixed my seal of office, at my office in the city of Boston, the day and year fifst above written. [S8AL.] Chas. B. F. Adams, Commissioner, ^c. 93 CALIFORNIA, Deeds conveying lands or estate, or any interest therein, must be duly signed by the party (he being of full age) transferring said property, or by his attorney or agent, le- gally-appointed, and acknowledged or proyed, and recorded. The real estate of a niarried woman ma,y be conveyed by the husband and wife jointly, the wife acknowledging in a private examination, apart from her husband, before one of the below mentioned officers, (he first acquainting her with the contents of the deed), that she executed the same freely and voluntarily, without fear or compulsion, or undue in- fluence of her husband, and that she has no wish to retract the same. The acknowledgment or proof, in the State, must be made before some Judge, or Clerk of a Court having a seal, or a Notary PuWic, or Justice of the Peace in the County where the property lies. In any other part of the United States, the acknowledg- ment or proof may be made before a Conimissioner duly appointed by the Governor for that purpose, or a Judge or Clerk of any Court of the United States, or of any State, Territory, or District having a seal. If the acknowledgment or proof be made without the United States, it must be before some Judge, or Clerk of any Court haying a seal, by any Notary Public, or by any Minister, Commissioner, or Consul of the United States, When the certificate of acknowledgment is made by a Judge, or Clerk of a Court, the seal of the Court must be attached, and when by an officer who has a seal, such seal must be used. The party making an acknowledgment must be personally known to the officer taking the same to be the person whose name is subscribed to the deed as a party thereto, or shall be proved to thei Officer, by the oath or affirmation of a cre- dible witness. 93 Form of AcknoTrledgment irhen the Grantor Is known to the Offlceft City, County, and State of New- York, ss. Be it remembered, that on this thirteenth day of Septem- ber, 1854, before the subscriber, a Commissioner in and for the State of New- York, duly commissioned and authorized by the Governor of the State of California, to take the ac- knowledgment and proof of deeds and other instrucaents of writing, to be used or recorded in the said State of Califor- nia, and to administer oaths and affirmations, &c., person- ally appeared , and , his wife, known to me to be the persons described in and who executed the foregoing instrument, who acknowledged to me that they executed the same freely and voluntarily, and for the uses and purposes therein mentioned ; and the said , having been by me first made acquainted Twith the contents of such conveyance, acknowledged, on an examination by me had apart from and without the hearing of her husband, that she executed the same freely and vo- luntarily, without fear, or compulsion, or undue influence, of her husband, and that she does not wish to retract the execution of the same. In testimony whereof, I have hereunto set my hand and affixed my seal of office, at my office in the City of New- York, the day and year first above written. fsEAL.] Montgomery Gibbs, Commissioner, ^c. 94 f ojrm of Acknowledgment vben tbe Orantor Ig nnlmown to tlie Officer. City and County of Philadelphia, > State of Pennsylvania, > ' Be it remembered, that on this thirteenth day of September, 1854, before the subscriber, a Commissioner in and for the State of Pennsylvania, duly commissioned and authorized by the Governor of the State of California, to take the acknowl- edgment and proof of deeds, and. other instruments of wrifc- ing, to be used or recorded in the said State of CaUfornia, and to administer oathsjj affirmations, &c,, personally ap- peared , satisfactorily prpved to me to be the- person described in, and who executed the within convey- ance, by the oath of , a competent and cre- dible witness for that purpose, by me duly sworn ; and he, the said , acknowledged that he executed the same freely, and voluntarily, for the uses and purposes therein mentiqned. In testimony whereof, I have hereunto set my hand and affixed my seal of office, at my office in the City of Philadelphia, the day and year first above written. [seal.] David B, Birney, Commissioner, ^c. DISTRICT OF COLUMBIA. Conveyances of lands within this district should be sealed and delivered in presence of two witnesses, and recorded within six months after their execution. Acknowledgmenta 95 may be made before my two Justices of the Pe^oe, or any Notary Public for any state or territory of the United States. (Act of Congress, 16th Sept., 1850.) Acknowledgments before Mayors of Cities, Judges of Courts of Record, authenticated by the certificates and seals of the Clerks of such Courts, are recognized. Out of the United States they may be made before Notaries Public, whose certificate should be authenticated by the local authoi rities and certified by a United States Consul under his oflScial seal. The simple form " that the grantor acknowledged the said instrument to be his act, and deed," is sufficient where such grantor is an unmarried person. If any feme covert shall be a party executing such deed and shall only be relinquishing her right of dower in the estate conveyed, or where a husband and wife join in the deed, the wife shall appear before two Justices of the Peace or a Notary Public, of any State or Territory, and be ex- amined privately and apart from her husband, the contents of the deed being fully explained to her by the officer, and shall acknowledge the said deed to be her free act, that she willingly signed, sealed and delivered the same, and that she does not wish to retract it. form: Hnsband and Wife. District and City of Charleston, ) State of South Carolina, y I, Alexander A. AUemong, a Notary Public in and for the said District and City, do hereby certify that and , his wife, to me well known to be the parties named in, and who executed a certain deed^ bearing date the day of , and hereto annexed, personally appeared before me in the said city of .96 Charleston, and acknowledged the same to be their act and deed. And the said , wife of said , being by me examined, privily and apart from her said husband, and having the deed aforesaid fully ex- plained to her, she, the said , acknowledged the same to be her act and deed, and declared that she had willingly signed, sealed and delivered the same, and that she wished not to retract it. In testimony whereof, I have hereunto set my hand and affixed, my official seal, at my office, in the City of Charleston, this day of 1854. [seal.] Alexander A. Allemong, Notary Public, FORMS AND INSTRUCTIONS FORTAimG, CERTIFMaiM) RETURraG DEPOSmONS, FOR EACH OF THE STATES. PREPASED BT MONTGOMERY GIBBS, or THE NEW-yOKK BAB, Jfotary Public and Commistioner far Thirty Statu. REMARKS. It is customary, and in most of the States it is made im- perative by law, when a commission issues to take the testimony of a witness out of the State, to enclose with it full directions for taking, certifying, and returning the de- position. This is not always the case, however, as when testimony is not taken upon written interrogatories, instruc- tions are rarely sent. It has been thought proper to insert in this work, which is intended to serve as a complete and reliable guide to Commissioners, Notaries, &c., forms and instructions which will enable them to execute properly a commission for any of the States. Commissions for any of the States may be executed by Commissioners appointed by the Governors thereof for that and other purposes ; and for many States, by Notaries Puljlic. Attornies by stipulation frequently appoint other persons to execute commissions ; but it is usually considered the safer course to entrust this business to Commissioners for the States or to Notaries who are Attornies at law, as their ex- perience and knowledge of the laws enables them to act correctly and speedily. It is deemed proper to suggest here, that in notices of examinations of witnesses, it would be well for Attornies to give notice simply that they will take place "at the office of in the city of ," omitting the street number, to avoid the difficulty likely to arise should the officer have changed his place of business, (as Commissioners in cities too frequently must do). 13 98 GENERAL INSTRUCTIONS. The following General Instructions are applicable to most of tlte States, and may be followed in every ease, except where different rules are expressly laid dotvn under the particular headings devoted to each State. They should becarefuUy consulted in all cases. Time and place of taking Depositions, — The officer should always have the witness before him, and prdceed with the examination at the precise time and place mentioned in the notice, and he should be satisfied, before proceeding, that due notice has been given to the adverse party. Number of Commissioners. — If the Depositions are noticed to be taken before two or more Cortimissioners, all should act, except where it is otherwise provided in the commission. Oath of Witness. — The following form of oath to witness, whiph should be administered previous to his giving his testimony, may be administered in every case, except where another form is . given below ; "You do solemnly swear, that the answers you shall give to the questions which may be put to you, touching the matters in controversy in this action, between Plaintiff, and Defendant therein, shall be the truth, the whole truth, and nothing but the truth, so help you God." Gaption to Depositions, SfC. — Commissioner.«!, Notaries and others taking depositions, should in the Caption or Certificate, state their full OFFicfAL character or title. Immediately after the general Caption to the Depositions, and immediately preceding the testimony of each witness, the follow- ing heading shoM^^ be given, except when otherwise directed : , "A. B. of the City of of lawful age, a witness in this cause on the part of the being first duly sworn, deposes and says as follows : To the first int., by the officer, (as in Tfevj-York,) and directed ancl endorsed as follows : " To the' Hon. the Justices of the \ Court, to be holden at , iiti and for the County of , on the day of next. The deposition of to be used in the case of vs. , now pending in said Court. Taken and sealed up by rhe M. G. Commissioner. RHODE ISLAND. Caption pnd heading, same as in Maine. Certificate at close, to follow each deposition ; "'State of ' County of In the of in the County and State aforesaid, on this • day of A.D. 18 personally came who subscribed the above written deposition, and being by me first care- fully exammed, cautioned and sworn, to testify the truth, the whole truth, ajid nothing btit the truth, testified as in said deposition- appears. Said deposition was by me reduced to writing in pres- ence of said deponent, {or by said- deponent reduced to writing in my presence,) and by him subscribed in my presence. The same was taken by request of to be, used on the trial of an action now pending before (or commewcetiybj',) the next to be holden at i in and for the cdunty of in the State of Rhode Island, on the Monday of next ensuing, and wherein plaintiff, and .defendant. The adverse party was duly notified of the time and place of the taking of said deposition, a reasonable time, and more than twerity-ioiir hours before the taking of the same, as will appear by the return upon the notification, hereunto annexed; and was (or was not,) present ai the taking thereof, or, the said deposition being taken without the limits of said State of Rhode Island, more than one hundred milps from the plac? where said Court will sit, the adverse party' was neither notified nor present at the taking thereof. .[Seal.] Commissiotier', ^c." Feet, Magistrate. ■[' ■ :^ Officer. Witness. 103 Returning. — The deposition must, be sealed up and directed to the Court by the Magistrate, thus : To the Hon. to be holden at in and for the County of on the Monday of A.D. 18 , Inclosed is a deposition to be used in the case vs. taken and sealed up by me. . Commis^oner, <^c. CONJ^ECTICUT. Caption to precede the deposition of each witness. Court, County, Connecticut. I, A. B. of the City and County of , State of , of lawful age, being duly cautioned and sworn, depose and say: — Certificate at close. — Same as in Vermont, above, except instead of the words thirty miles, use twenty miles for Connecticut. The officer mijst fold and seal up the deposition, and. endorse it as follows : vs. \ To the Hon. Court, within ) and for County, Connecticut. , Deposition of to be used in said cause, taken, sealed up and directed by me. * Commissioner^ It may he directed to the care of the attorney or party. ' The opposite party may, if he choose, without further notice, produce and examine witnesses in his own behalf, at the time and place designated in his opponent's notice. NEW-YORK. Th« forms and instructions for this State are giveix in full, and as they are sufficient for many of the States, we have made fi'e- quent reference to them. 1. The persons to whom such Commission shall be idirected, or any one of them, unless otherwise expressly directed therein, shall execute the same. 2. All the Commissioners named in the Commission should have notice of the time and place of executing it; and if any 'of them do not act, let the fact that they were notified, or could not be notified, arid the reasons for their not acting, be st9.ted. 3. The acting Commissioner will examine the witnesses separ- 104 ately, after publicly administering to them the following oath or affirmation : ^ '' You do swear, th(it the ansvfers vfhich shall be given hy, you to the interrogatories proposed to you^ shall be the truth, the whole truth, and nothing but the truth. So help you God." The oath shall be administered (except in the cases hereixiafter mentioned) by the /vyitness laying his hand upon, and kissing the Gospels. But if the witness shall jdesir^ it, heshtillbe permitted to swear in the following form : " You da swear in th/s presence of the ever-living God;" and while so swearing, he may or may ijot hold up his hand at his discretion. Or if the witness shall declare that he has conscientious scruples against taking ' an oath, or swearing in any form, he shall be per- mjjtted to make his affirmation in the following form : " You do solemnly, sincerely and truly declare and affirm ;" omitting the words " So help you God." 4. The general caption or title of the depositions must' be drawn up in the following manner : " Depositions of witnesses, produced, sworn, (or affirmed) and ex- amined^ the ' day of in the year one thousand eight hundred and at under and by virtue of a commission issued out of the in a certain cause therein depending, and at issue between , plaintiff, and , , de/eradarai, as follows : A. B. of (insert his place of residence and occupation,) aged years and upwards, being duly ?ind publicly sworn (or affirmed,) pursuant to the directions hereto annexed, and examined on the part of the doth depose and say as follows, viz:. First— To the first intetrogatory, he saith, dfc. [Insert the witness's an- swer-] Second — To the second interrogatory he saith, dfc', and so on throughout. ■ . If he cannot answer, let him say thaX he kndwith not. ' "5. If there be any cross-interrogatories, the witness will go' on thus:' First — To the first cross-interrogatory f he saith, ^c, and so on throughout. 6. When the witness has finished his deposition, let him sub- scribe 'it, and the acting Commissioner will certify as follows : Examination taken, reduced to writing and ^ by the witness subscribed and sworn to > this day of 18 before; Commissioner. 7. If any papers or exhibits are produced and proved, they must be annexed to ;tibe depositions in which they are referred to, and 105 be subscribed by the witness, and be endorsed by the acting Com- missioners, in this manner : " At the execution of a Commission for the examination of witnesses, between defendant , this paper writing was produced and shown to {insert the mtness's name) and by him de- posed unto at the time of his examination, before V Commissioner. 8. The acting Commissioners will sign their names to each half sheet of the depositions and exhibits. 9. If an interpreter is employed, one of the Commissioners will administer to him the following oath, and certify thereto : " You do solemnly swear, that you will truly and faithfully in- terpret the oath and interrogatories to be administered to a witness now to be examined, out of the English language into the language, and that you will truly and faithfully interpret the answers of the said thereto, out of the into the Eng- lish language." Let the deposition be subscribed by the interpreter as well as by witness, and certified by the acting Commissioners, as follows: Examination taken, reduced to writing, subscribed by the -\ witness and by the sworn interpreter, and sworn to by > the witness, this day of 185 before ) Commissioner. 10. The Commissioner will make return on the back of the commission by endorsement, thus : " The execution of this commission appears in certain schedules hereunto annexed." > Commissioner. 1 1 . The depositions and exhibits (if any) must be annexed to the commission, and then the commission, the directions, the interroga- tories, cross-interrogatories, depositions and exhibits, must be folded into a packet and bound with tape. The acting Commissioners are to set their seals at the several meetings or crossings of the tape, endorse their names on the outside, and direct it thus : To Esquire, Clerk of the at 12. When the commission is thus executed, made up, and direct- ed, it must -be returned in the manner specified in the direction on the commission, if there be any. 14 106 13. If there be no direction on the commission specifying the manner in which it is to be returned, then it must either be ,de- hvered to the Court by one of the acting Commissioners personally, or else be forwarded by some person coming to this place, and who must be able, on his arrival, to make oath, before one of the Judges or the Clerk of the Court : " That he received the same from the hands of A. B., one of the Commissioners, and that it had not been opened or altered since he so received it." 14. In case of returning the commission by mail, it is to be de- posited by one of the acting Commissioners in the nearest post office, he making the following endorsement thereon : " Deposited in the post office, at this day of 185 , by me, Commissioner. '' In case of returning the commission by a vessel, it is to be de- posited by one of the acting Commissioners in the letter bag of such vessel, he making upon the commission the following endorse- ment : " Deposited in the letter bag of the now lying at and bound for the port of New York, this day of 185 , by me. Commissioner. '^ The Commissioners are requested to be very careful to observe the foregoing instructions, as the smallest variance may vitiate the execution of the commission. If the commission be returned by an agent, let him be instructed to call, on his arrival at this place, upon who will direct him as to its delivery. NEW-JERSEY. Commissioners must take and sign the oath endorsed on the com- mission, and when the examination is completed and reduced to writing, annex the oath to the commission and interrogatories as a schedule, and then fill up, sign, and place their seals to the blank return endorsed on the commission. Seals to be wax or wafer. The schedule containing the examination reduced to writing, should in the introduction show that the Commissioners first took the oath prescribed by the commission, before some person (naming him,) and that such person was, at the time, lawfully authorised to administer an oath, or affirmation in the State, &c., where the com- mission is executed ; also the time and place of examining witness, that each witness was sworn or affirmed by the Commissioners. TJi^ examination of each witness is to be signed by him, a proper 101 jutat added and signed by the Commissioners. At the end of* thd examination, the Commissioners should certify under their hands and seals that the said schedule contains fully and truly the re- spective answers of the several witnesses (who may be examined) to the interrogatories annexed to the commission. \i Exhibits are produced and proved before the Commissioners, they are to mark them with letters or numbers, and endorse upon them a short cer- tificate of their being so produced and proved. (See N. Y.) The Commissioners, are then to annex the schedule and the several exhibits, by a thread or tape, to the commission and interrogatories, fold the whole up together, and enclose them in an envelope ; then seal the envelope on the outside with their respective seals, writing each his name, across, or opposite his seal ; then, on the back of the package, address the same to the court whence the commission issued. Next add also, on the outside of the package, a certificate, signed by the Commissioners, that, at such a time and place, they deposited the package in such a post-office, or delivered the same to such a person (who may be either the party in the commission or his attorney or agent.) Commissioner's Oatli of Office. State of County of Be it remembered that on this day of in the year of our Lord one thousand eight hundred and at in the County of and State of before me who am a and lawfully authorized to administer oaths and affirmations in the State and County aforesaid, personally appeared residing in the Commissioner in the within commission named, who being by me duly sworn, on oath do say that will faith- fully, fairly, and impartially execute the said commission. Sworn and subscribed hefore me the day and year above written. Caption. — Be it remembered that on this day of in the year of our Lord at the office of in the of in the County of and State of being the time and place appointed by us for taking the examination of the wit- nesses named in the commission to which this schedule is annexed, we and the Commissioners therein named, having first taken an oath faithfully, fairly, and impartially, to execute the said commission, before a judge of who is lawfully authorized to administer oaths and affirmations in the State of and County of aforesaid, proceeded to examine such of the witnesses aforesaid as could be met with (who are hereinafter named,) upon the interrogatories annexed to the said commission 108 as therein direpted, and caused such examination to be taken down in writing, and, signed by the witnesses respectivptyj and signed the same ourselves, as hereinafter follows : one of the said witnesses, appearing before us, and being by us first duly sworn on the Holy Evangelists, according to law, [or, "and alleging himself to be conscientiously scrupulous of taking an oath, and being thereupon duly affirmed by us, and having solemnly, sincerely, and truly declared and affirmed," or "and requesting to be sworn by lifting up his hand and swearing by the ever-living God, and being thereupon, in that form, sworn by us according to law,"] that the answers he should give to the said interrogatories to be proposed to him, in the said cause, pending in the said court, men- tioned in the said commission, should be the truth, the whole truth, and nothing but the truth. To the first interrogatory, he says, &c. To the second interrogatory, he says, &c. Certificate at the close. State of ) County of ) I, the Commissioner within named, do hereby certify and return to the court of that have duly executed the within commission in manner and form as is therein and thereby commanded and that the execution thereof will fully appear by the schedule to the said commission and the accompanying in- terrogatories annexed. Given under my hand and seal this day of A. D. 18 PENNSYLVANIA. Caption.-^—" Depositions of witnesses produced, sworn (or affirm- ed) and examined on the day of in the year of our Lord at the office of in the city of by virtue of a commission issuing from the Court of . to me directed for the examination of witnesses in a certain cause depending in said Court, wherein is plaintiff, and is defendant. Heading to the testimony of each witness. of the city of aged years, being produced, sworn, and examined, on behalf of the deposeth as follows : To the first interrogatory, he answers, &c. Certificate at close. ^ City and County of New-Yorh, ss. I, Montgomery Gibbs, a Commissioner, &c. in the City, County and State of New- York, do hereby certify that the said witness prior to the taking of said depositions on the said day of was by me duly sworn to testify the truth, the whole truth and nothing but the truth, in relation to the' matters in con- troversy in the suit mentioned in the caption to these depositions and in the enclosed commission, so far as he might be interrogated thereto ; and the said deposition was on the day of A. D. in the City, County, and State of New- York, taken, sworn to, reduced to writing, and signed by the witness in my presence. Witness' my hand and seal of oflSce, &c., &c. [seal.] Montgomery Gibbs, Commissioner, ^c. When complete, the Commissioner must bind up the commis- sion, deposition, exhibits, &c., together, with tape or ribbon passing through and connecting the whole ; endorse on the commission, " The execution of this commission appears in a certain schedule hereto annexed," and subscribe his name. The Commissioner should then enclose them in envelopes, sealed with his seal, write his name across each seal, and address the whole to the Court from which the commission issued. DELAWARE. The forms and instructions for New-York may be followed for this State. MARYLAND. Before acting, the Commissioner or Commissioners will take the oath headed " Commissioner's oath" on the commission, before some one authorised to administer oaths, who shall certify at the foot of such oath as follows : " The above oath was administered by me this day of to and Commissioners within named," and sign his name and official title. If the Commissioners employ a Clerk, one of them will admin- ister the oath marked " Clerk's oath " on the commission, and under it certify as follows : " The preceding oath administered to by us, appointed Clerk before proceeding to execute this commission," and the acting Commissioners will sign it. Caption to precede Depositions. — " Depositions of witnesses produced, sworn (or affirmed), and examined on the day of A. D. at the office of in the city of by virtue of the annexed commission." " of the city of aged years or thereabouts, being produced, sworn, and examined on behalf of the deposes as follows :" To the first interroga- tory on the part of the he deposes as follows : &c. The witness shall subscribe his name to his examination, and the Commissioners shall subscribe their names opposite to his for the purpose of identifying it. iio Exhibits must be marked and identified as follows : " This is the paper, exhibit, or document, referred to by in his examina- tion as the paper niarked 'A,' &c.," to which the Commissioners will sign their names. Sealing and returning. — One of the acting Commissioners must bind up the depositions and exhibits together with the commission, some tape passing through and connecting the whole ; and will then make the following endorsement upon the commission : " The execution of this commission appears in a certain schedule here- unto annexed ;" to which the Commissioners will also subscribe their names and affix their seals. Thus prepared and executed, they will inclose the same in an envelope, sealed with their respective seals, their names written across or by the side of the seals, and the whole addressed to the Clerk of It may then be delivered to the agent, or forwarded by the most expeditious and safe conveyance to the court whence the commis- sion issued. VIRGINIA. Caption. City and County of St. Louis, ) State of Missouri, 5 In pursuance of the annexed commission and notice, I, Edward W. Shands, a Commissioner, &c., &c.,have proceeded at my office in the City of St. Louis, S,tate aforesaid, on this day of to take the following deposition to be read as evidence in behalf of the in a cause depending and undetermined in the Court of County in the State of Virginia, between plaintiff, and defendant. , a witness of lawful age, being first duly sworn, deposes and says, &c. Certificate at close. " I, Edward W. Shands, Commissioner, &c., (as in caption), hereby certify that the said deposition was duly taken as stated in said caption, and that the same was sworn to and subscribed be- fore me. Witness my hand and seal of office, &c., &c. Edward W. Shands, [seal.] Commissioner, 6fc.'' NORTH CAROLINA. One Commissioner may execute a commission for this State ; two or more were necessary formerly. Ill Caption, " City, County and State of New-York, ss." Pursuant to the annexed commission directing the undersigned, a Commissioner, Court of County, in the State of North Carolina, J in the suit of vs , by Commissioner, 6fc. SOUTH CAROLINA. The forms and instructions for New-York, answer for this State. GEORGIA. The ConMnissioners take the oath attached to every commis- sion, which is to the effect that they will faithfully and impartially take the depositions of aU the witnesses, and that they will not disclose the contents to any person except their clerk, should they appoint one. The Commissioners are sworn each by the other. Caption. vs. > Case in the Court of ) County, Georgia. Examinations and depositions of witnesses produced, sworn and examined by the undersigned Commissioners, in and by virtue of the annexed Commission, issuing out of the Court of on this day of 18. " , aged years, being duly sworn, answers and deposes unto the annexed direct interrogatories, as follows, viz :" &c. The witness will subscribe his name at the foot of the deposition and in the margin of each sheet, and the Commissioners may attest 112 it, as in New-York. The attestation must appear at the foot of the deposition of each witness. The depositions should be done up and enveloped, and sealed with as many seals as there are Commissioners. Each Commis- sioner should write his name across one seal. The package is then to be directed to the Clerk of the Court ; the title of the cause being endorsed on the outside. If the commission is to be returned by mail, one of the Com- missioners must deposit the sealed package in the hands of the postmaster, and the postmaster must certify, in writing, on the envelope, that he received the package from one of the Commis- sioners, and date the certificate. If the commission be returned by a messenger, the messenger must deliver it personally to the clerk, and make before him the usual affidavit. FLORIDA. At least two Commissioners must join in the execution of the commission. The names of the Commissioners acting must be inserted in the blank space for that purpose, in the direction of the commission. Caption. — Deposition of witnesses, produced, sworn, and ex- amined on the day of A. D. 185 at the in the state of by virtue of the annexed commission, issued out of the Clerk's Office of the Circuit Court of the circuit of Florida, for the county of , to us directed, for the exam- ination of the said witnesses in a cause there depending between plaintiff, and defendant, on the part of the of being duly sworn, deposeth and answereth as follows, viz : To the first interrogatory, the witness saith that, etc., and so on. The witness must then sign both the direct and cross interroga- tories, and the Commissioners attest the signature, as follows: " Sworn to and subscribed before us the day of 185 > Commissioners. If there are any cross-interrogatories, the Commissioners should propeed in the same way as : The said witness answers and deposes to the cross-interrogatories as follows, viz : " To the first cross-interrogatory he answers and says, 6fe. The cross-interrogatory should be signed and attested in the same way as the direct. When the examination is concluded, the commission,, interrogai, tories, and answers must be enclosed in an envelope— the commis- 113 sioners must write their names across the seals of the envelope, and having endorsed thereon the title of the cause, thus : I. vs. > Circuit of Florida. Circuit Court. direct the packet to -^ : — > Clerk of the Circuit Court of County Florida. Packets containing the commission, &c.,maybe returned to the clerk of the court by a party in the cause, or other person, or by mail. ALABAMA. The forms, &c. for New-York may be used for Alabama. MISSISSIPPI. Depositions are invariably taken as in New- York, upon a com- mission and interrogatories. No forms are laid down in the laws. It is believed that the Caption, Certificate and general instructions for niiruns, (which are very fuU and complete,) will answer for Mississippi. See Illinois and General Instructions. LOUISIANA. Caption. — " Depositions of witnesses produced, sworn, and ex- amined, by virtue of the annexed commisson, on the day of in the year of our Lord at in the Counly of , &c., before me a Commissioner, &c., named in said commission, in a certain cause, now depending in the Court of , &c., between plaintiff, and defendant, on the part of the said ; A. B., being produced and sworn, answers as follows, to the interrogatories propounded in this cause :" Number the witnesses in chief, and give the answers, and pro- ceed in the same way with the cross-interrogatories. Each deposition should be subscribed by the person making it, and there should be annexed at the foot of it the following certifi- cate : " Sworn to and subscribed on the day and at the place first aforesaid." The Commissioner ought, previous to writing the answer of the witness, to swear him to declare the truth on the questiops put to him in the cause. The Commissioner should draw his certificate of the t^kijag of the depositions, and annex the same to the commission, and inter- rogatories, as follows ; " I, (give the name and tide of the Commissioner,) do here- by certify that , k,c.., the deponents, were by me severjilly 14* 114 aworn to decla>re the truth on the questions put to them in the cause — ^that the interrogatories and crosSTinterrogatories were produced to them, and th«ir answers thereto taken in writing and subscribed by them respectirely in my presence, on the day and at the place in that behalf first aforesaid." The commission, interrogatories, cross-interrogatories, answers, and documents therein referred to, and the certificate of the Com- missioner, should all be wafered or sealed together — ^the whole should then be enTeloped — ^the envelope sealed — ^the CommissioTier's name written over the seal — the fees marked inside ; the title of the suit outside of the envelope, and the whole addressed to Clerk of the Louisiana. TEXAS, Caption to depositions. — City, County and State of New- York, ss. ; In accordance with a commission issued from the office of the clerk of the District Court of County, State of Texas, on the day of A.D., in the case of vs. in said Court pending, to take the deposition of a witness, to interrogatories (and crossrinterrogatories) propounded to said in said case hereto annexed, I, M. G. , a Commissioner, in and for the said State, duly authorized and commissioned by the Governor of the State of Texas, to take the acknowledgement of deeds, &c., &c., caused on this day of A.D., said witness to come before me, and having sworn him to make true answers to said in- terrogatories (and cross-interrogatories,) he, the said answered the first interrogatory as follows, viz. : To the first cross-interrogatory, he answers, &c. Certificate at close. I, M. G., Commissioner, as aforesaid, do certify that the fore- going answers were sworn to and subscribed by the witness, said before me. Given under my hand and' seal of oiEce, this day of A.D. Montgomery Gibes, [sKAL.] Commissioner. After the witness has signed the depositions and the officer has certified them, as above, he should seal them up with the commis- sion, exhibits, &c. : write his name across the seal, and endorse on the envelope the name of the witness, and the name of the parties to the suit, and direct them to the clerk of the court from which the commission issued. If they are sent by mail, get the postmaster to endorse on them that he received them. And if sent by private conveyance, the person who receives them must deliver them, and make oath that they have not been out of his possbssion, imd have undergone no alterations. 115 ARKANSAS. Caption.-^" Depositions of witnesses taken and subscribed before me, , a Commissioner, &c. at the City, County and State of New- York, on the day of A. D. between the hours of A. M. and P. M. of said day, at in the town of in the county of in the state of in pursuance of a com- mission hereto annexed, and to be read as evidence in a certain cause now depending in the Circuit Court of the County of in the State of Arkansas, wherein is plaintiff, and is defendant, on the part of the , a witness, known to me to be of lawful age, being to me at the time and place aforesaid produced, and bemg by me first duly sworn to testify the truth, the whole truth, and nothing but the truth, in regard to the matters in controversy in the suit afore- said, did then and there, on his oath aforesaid, depose as follows, to wit :" Write down his answers or his statement. If it is merely a statement, write it in his own words, in the first person — if inter- rogatories accompany the commission, say : " To the first interro- gatory he answers that, &c." and so proceed with all interrogatories ; answers to cross-interrogatories, in same way. If papers are referred to, let them be referred to as " the paper marked A, &c., hereto annexed ;" and endorse on such paper : " This is paper marked A, referred to in the deposition of hereto annexed ;" which is to be signed by both the magistrate and the deponent. The officer must sign his name officially at the bottom of each half sheet of the depositions. When the deposition of a witness is concluded, let him sign it. If a second witness is produded, proceed to state as follows : " And at the same time and place, before me also appeared &c.," as before. Certificate at close. > ss. 1, a Conunissioner, &c., do hereby certify and make known, that the foregoing depositions of &c., were taken before me on the day of , A. D. , between tlie hours and at the place in the caption hereof above mentioned ; that the examinations, responses, and statements, of e»ch of said deponents, were reduced to writing in my presencej and by the said deponents respectively sworn to and subscribed in May pfes' 116 ence, at the time and place aforesaid ; and that said deponents are residents in the county of in the state of In testimony whereof, I, , Commissioner, &c. do hereunto set my hand, at in the state of , thisi day of A; D. [seal.] , , Commis'r. Return.-^— The commission, hotice, interrogatories, depositions, and papers refered to, must then be fastened together with tape or ribbonSj aiad the ends of the- tape or ribbons sealed. The whole must then be inclosed in a Strong envelope, 4nd directed to the clerk of Circuit Court, Arkansas, endorsed " Deposi- tions in the case of on part of ." The package must be Well sealed, and over or across each seal the officer must write his name. He must endorse as follows : " Deposited this package in the po^t>-office, at this day of A. D. Commis'r, <^c. TENNESSEE. C(^tianr.: — In pursuance of the enclosed commission, direted to tne a Commissioner, &c., from the Cduit, holden at in Tennessee, I have caused to come before me, on this daj of A.D., 18 at the , , aged about years, a witness in the suit pending in said Court, wherein is plaintiff, and is defendant, and the said having been first duly sworn deposeth. Questions and answers as in New-York. Certificate at close. I, (Commissioner, &c.,) for the State of do certify, that the foregoing deposition of was taken by me on the day and at the place stated in the caption thereof, that I am ttot interested in said suit nor counsel, nor in anywise related, nor attorney to either of the parties within this or any other State, that it was reduced to writing by myself (or by the deponent in my presence), that it has not been altered whjle in my hands, nor been out of my hands until first sealed up and delivered at the post-office at in the State of (or to the private bearer.) Given under my hand this day of A.D. 18 [seal.] Commissioner, 6fC, KENTUCKY. Caption. — The deposition of taken on the day of 185 in the office of in the City of Memphis, State of Tennessee, to be read as evidence in an action between , , plaintiff, and ', defendant, pending in the Circuit Qourt of the County of and State of Kentucky. QuesUons and answers as in New- York, >si. Cevtificate^ at chsei State of City of . I , Commissionei?, & c . for the State of Kentucky, duly appointed by the Governor thereof for the State of Tennessee, authorized to take and certify depositions, do hereby certify that the foregoing de- position of was taken before me at the time and place and for the purpose mentioned in the caption thereof; that the said was duly sworn by me before he gave his testimony, that the evi- dence he should give in this cause, should be the truth, the whole truth, and nothing but the truth ; and thereupon testified as shown in the foregoing deposition, by him subscribed ; the testimony of witness being reduced to writing by me in his presence, and read to, and subscribed by hira in my presence. (State who were pre- sent, and in whose behalf; if no one was present, so state.) Given imder my hand, ice, &c. Hume F. Hill, [seal.] Commissioner, 6fe. Return. — When completed, the deposition must be sealed up by the Commissioner, and directed to the clerk of the court in which the action is pending, with a note endorsed on the envelope, show- ing it to be a deposition, and the style of the case in which it was taken, and mailed to the clerk by the Commissioner. OHIO. Oath to witness, as in New-York. Caption : " Depositions of witnesses taken in a cause pending in (here copy the style of the court from the notice) in pursuance of the notice hereto attached." " of , of lawful age, being first duly sworn, (or affirmed,) deposeth and saith, as follows :" Questions and Answers as in Nevi'-York. If there are two witnesses, the ofiicer will commence the second deposition as follows : " Also, of lawful age, &c." The depositions must be reduced to writing by the witness, or by the ofiicer, or some piiber disinterested person, in the presence of the witness. And they must be taken at the time and pUce specified in the notice. When the depositions are taken, and subscribed by the respect- ive deponents, the officer before whom they are taken must append to theni a certificate in the following form : I, (Commissioner, &c. for Ohio, stating in full the official character of the Commissioner,) do herpby certify, that A. B., G. D., &c., (naming all the witnesses whose depositions have been taken,) were by me first duly sworn, or, affirmed, to testify lis the truth, the whole truths and nothing but the tmth ; and that the foregoing, depositions, by them respectively subscribed, were re- duced to writing by said witnesses respectively, or, by me, in their presence respectively, or, by E. F., a disinterested person, in their presence respectively, (as the fact may be,) and were taken at the time and place specified in the enclosed notice. In testimony whereof, I have hereunto set my hand and seal ofEce, this day of 185 . - [seal.] Commissioner, ^c. Return. — ^When the depositions have been taken and authenti- cated, as above directed, the officer taking them will set down the costs thereof, and if paid, so mark it, and by whom, he will then attach thereto the notice under which they have been taken, seal them up, endorse on the back thereof the style of the parties to the suit, as follows : ^ Plaintiff, vs. > 3 Defendant. Depositions taken, sealed up and addressed by me," and sign his name thereto, and direct and transmit them to the Clerk of the Court in which the suit is pending, or to the Justice of the Peace, if the case be pending before that officer. MICHIGAN. " The persons to whom such commission shall be directed, or any one of them, unless otherwise expressly directed therein, shall execute the same as follows : " They, or any'of them, shall publicly administer an oath to the witnesses named in the commission, that the answers given by such witnesses to the interrogatories proposed to them shall' be the truth, the whole truth, and nothing but the truth. " They shall cause the examination of each witness to be re- duced to writing, and to be subscribed by him, and certified by such of the commissioners as are present at the taking of the same. " If any exhibits are produced and proved before them, they shall be annexed to the depositions to which they relate, and shall, in like manner, be subscribed by the witness proving the same, and shall be certified by the commissioners. This section must be understood to refer to such papers as can be produced upon the examination. If the paper referred to be a record, not subject to the control of the party or the commissioners, it will be sufficient to annex a copy; and the original may be produced on the trial, separate from the commission. 119 "The commissioners, or commissioner, shall subscribe each sheet of the depositions, shall annex all the depositions and exhibits to the commission upon ■vrhich the return shall be endorsed, and' shall close them up, under their or his seals, and shall address the same, when so closed, to th« clerk of the court from which the commission issued at his place of residence. " If there is a direction on the Commission to return the same by mail, they, or he, shall immediately deposit the packet, so di- rected, in the nearest post-office. " If there be direction on the Commission to return the same by an agent of the party who sued out the same, the packet, so di- rected, shall be delivered to such agent." Oaths. — Administer the oath in the following form, if not ob- jected to by the witness. " You do solemnly swear, ill the presence of Almighty God, that the answers given by you, to the interrogatories proposed to you, shall be the truth, the whole truth, and nothing but the truth — so help you God." And in all cases certify the mode of administering the oath. Caption. — Deposition of of in the State of aged years, a witness, produced, sworn and examined, on the day of A.D. 18 , at in said State of , by virtue of a Commission issued out of the Circuit Court for the county of in the State of Michigan, on the day of A.D. 1 8 , and directed to us (or me) or either of us. Commissioners for the examination of witness in a cause depending and at issue in said Court, between plaintiff and defendant on the part of said Having read Said Commission, and the instructions thereto annexed, and having administered an oath to said witness, that the answers given by him to the interrogatories proposed to him should be the truth, the whole truth, and nothing but the truth, I (or we) proceeded to the examination as follows, viz : A. B., of in the county of in the State of aged and upward, a witness produced, sworn, and examined on the part of the in said cause, deposeth as follows, viz ; First. To the First Interrogatory, that, he — Second. To the Second Interrogatory, the deponent saith — If there be one or more interrogatories to which the witness can not depose, knowing nothing of the matters therein contained, let the answer be as follows : " To the interrogatory, this deponent saith, that he knows nothing, and can depose nothing, to the matters therein con- 120 tained." The witness must subscribe his name to the deposition when engrossed, and on the margin of each sheet the Commission" ers will also write their names. Certificate at close. State of } County of J **■ I, the undersigned Commissioner , hereby certify, that on this day of A.D. 18 , then A. B. of in said County or Stalte, personally appeared before me, at Galveston, and after having taken the oath prescribed in the instructions annexed to the comniission mentioned in the caption to the above deposition, which oath was administered by declared that the foregoing deposition by him subscribed, contains the truth, the whole tl'uth, and nothing but the truth; said witness residing without the State of Michigan. The depo- sition was reduced to writing by me, (or by a " disiiitereBted person," in my presence,) (or " by the witness himself.") R. D. Johnson, [seal.] Commissioner. Exhibits. — If any exhibits are offered and proved, add to the foregoing certificate as follows, to wit : " The paper writing hereto attached and marked as exhibit was produced and proved before us by the witness A. B., as by reference to his examination may appear." Return. — When you have gone through with the witness, and his deposition is engrossed and subscribed by him, you will annex the interrogatories and deposition to the commission with tape, the tie of which you will seal, and write and subscribe on the back of the commission ihe following return : " The execution of the commission appears in certain schedules hereunto annexed. R. D. J., Commissioner." When the whole is completed and tacked together, as above directed, inclose it in a letter or package, seal it and direct as fol- lows, viz : " To , Esquire, Clerk of the Circuit Court for the Coupty of , Michigan. These words are generally, written across the back of the en- velope after it is sealed : " The within deposition of to be read in a cause pending before the Circuit Court for the County of in the State of Michigan, was taken and sealed up by R. D. J., Commissioner. 121 INDIANA. Depositions out of the State are taken on CommissiQn issued by the Clerk. As to notice, qath, adjournments, exhiiits, signing and sealing, see Qen^'^al IjisirucHons above. Caption. City and County of Baltimore, \ State of Maryland, Depositions of witnesses in a. cause pending in the La Porte Circuit Court of the State of IndiauEt, wherein is plain- tiff and is defendant, before me, the undersigned, a Com- missioner, &c. &c. for Indiana, in pursuance of the notice herewith enclosed, to be used on the trial of said cause. of said City, of lawful age, being sworn by me to testify the truth, the whole truth, &c. relating to the cause or matter de- pending between the parties aforesaid, doth depose as follows : &c. " Also, of said County, &c." Certificate at close. " I, J. D. P. do hereby certify, that the above named witnesses, and , were by me sworn according to law, as above stated ; that their depositions were reduced to writing by me, that the adverse party attended, (or did not,) at the taking thereof, and that thp same was taken at my office in the City of Baltimore, on the day of 185 , between the hours of and , in pursuance of the enclosed notice. In testimony whereof, I have hereunto set my hand and affixed my seal of office, &c. [seal.] Jabez D. Pratt, Commissioner, ^q. Returning. — The ofiicer must seal up the depositions, notice, and commission, in a sufficient paper envelope, and direct the same to the Clerk of the Court in which the action is pending, endorsing on the envelope the names of the parties, and of the witnesses whose depositions are enclosed. ILLINOIS. Caption. "The deposition ^of of the county of and State (or Territory) of a witness of lawful age, produced, sworn and examined, upon his corporal oath, oh the day of in thp year of oijr Lo^d,I85 , at the office pf 14** 123 in the city of in the county of and State afore- saidj by me a Commissioner duly appointed by a Dedi- mus Potestatem or Commission issued out of the Clerk's office of the Circuit Court of county, in the State of Illinois, bearing Teste in the name of Esq. Clerk of the said Cir- cuit Court, with the seal of said Court affixed thereto, and to me (or " us," if more than one,) directed as such Commissioner, (or " Comroissioners,") for the examinsrtion of the said a witness in a certain suit, and matter in controversy, now pending and undetermined in the said Circuit Court, wherein is plaintiff, and is defendant, in behalf of the said , as well upon the cross-interrogatories of the as on the interrogatories of the which were attached to, or en- closed with the said Commission, and upon none others. The said . being first duly sworn by me, (or " by one of the said Commissioners," if more than one,) as a witness in the said cause, previous to the commencement of his examination, to testify the truth as well on the part of the plaintiff as the defendant, in relation to the matters in controversy between the said plaintiff and defendant, so far as he should be interrogated, testified and deposed as follows : " " Interrogatory First," (here insert the first interrogatory.) " Answer to First Interrogatory," (here insert the answer,) and so on successively, in the order in which the interrogatories may be propounded and answered. Then follow, " Cross-Interrogato- ries, and answers thereto, by the 'witness on the part of the de- fendant," (or plaintiff, as the case may be.) (Here again write down the interrogatories and answers successively in the order aforesaid.) After the deposition is taken, the interrogatories and answers should be read over to the witness, and if he assents to the truth of the answers as written down, the witness will then sign his name at the bottom of the deposition, and swear to the truth of it before the Commissioner, (or before one of the Commissioners, if more than one.) This oath is in addition to the preliminary oath, which is administered previous to the commencement of his ex- amination. Certificate at close. I, of the county of and state of a commis- sioner duly appointed to take the deposition of the said , a witness, whose name is subscribed to the foregoing deposition, do hereby certify, that previous to the commencement of the examina- tion of the said , as a witness in the said suit between the said , plaintifi", and the said , defendant ; he was duly sworn by' me as such commissioner, (or " by , one of said com- missioners," if more than one,) to testify the truth in relation to the 123 matters in controversy between the said , plaintiff, and the said , defendant, so far as he should be interrogated con- cerning the same ; that the said deposition was taken at niy office, in the City of , in the County of , and State of , on the day of , A. D. 1854 ; and that after said deposition was taken by me, (or " us,") as aforesaid, the interroga- tories and answers thereto, as written down, were read over to the said witness ; and that thereupon the same was signed and sworn to by the said deponent, , before me, (or " us,") the oath being administered by , one of said commissioners, (where there are more than one,) as such commissioner at the place, and on the day and year last aforesaid." (Signed) Commissioner. Return. — The commissioner should then fold up the deposition as thus taken and certified, together with the commission and in- terrogatories, and all exhibits (if any) produced on the examination, properly marked or lettered, " as exhibit A.," " exhibit Bv," &c., and enclose the whole in a suitable wrapper or envelope, and then seal up the same securely with three seals, writing his name transversely across the middle seal ; or, if two commissioners, they will each write their names, one on each of the outside seals ; or if three commissioners, then each one will write his name across one of the seals in manner aforesaid. The commissioner, (or commissioners,) will also endorse the names of the parties to the suit transversly across one end of the package thus sealed up ac- cording to the proper title of the suit, and direct the same to the proper address of the clerk, who may issue the commission, and transmit the same by mail to the proper post-office. Neither of the parties to the suit, or their attorneys or agents, or any person at all interested in the event of the suit, are permitted by law to dic- tate, write or draw up, any part of the deposition required to be taken as aforesaid. It is important to the validity of the deposition, that these require- ments and instructions should be strictly attended to. One caption will answer for the depositions of several witnesses, where they are all taken at the same time and place, to be read as evidence in the same suit, by so modifying the form here given, as to make it applicable to the number of witnesses to be examined ; as, for instance, at the commencement say : " The depositions of A. B., C. D. and E. F., of the County of , and State of witnesses of lawful age, produced, sworn and examined on their re- spective corporal oaths," thorize an attachment, one may issue. 126 FLORIDA. No person can be imprisoned for debt. An attachment may issue upon an afiBdayit that a debt is due, or becoming due within nine months, and that the debtor is removing or resides out of the State, or that he absconds or conceals himself so that process cannot be sejrved, or that he is removing his property out of the State, or secreting or fraudulently disposing of said property, with the intent of defrauding his creditors. ALABAMA. An airest for debt can only be made when the plaiiitiff makes affidavit that the debtor is about to abscond^ or has or is about to fraudulently convey or dispose of his property, oris possessed of money or effects which he fraudulently withholds, or that the debt was fraudulently contracted. A debtor may secure his discharge from arrest by making affidavit that the affidavit upon which he was arrested is not true, and that he is possessed of nothing with which to satisfy the' debt ; or by rendering a schedule of all his property of Whatever kind, and making affidavit that he is not possessed of prbperty'to the value of twenty dollars, except that rendered in the schedule, and such property as is by law exempt from exei- cution ; and that he has not disposed of property to secure it to his own use, or to defraud his creditors. This oa,th may however be controverted by the plaintiff. If a person be convicted of rendering a false or fraudulent schedule, he is liable to one year's imprisonment. Attachments may issue against the real or personal es- tate of a debtor, provided an affidavit is made by the plaintiff to the effect that the debtor absconds, secretes himself, or resides out of the state, or is about to remove out of the state, so that process can not be served, or is about to re- move his pifoperty out of the state, Whereby the plaintiff may 127 lose his debt or be compelled to sue for it in another state, or that the debtor has fraudulently disposed of, or is about fraudulently disposing of his property ; or that he has prop- erty, liable to satisfy "his debts, which he fraudulently with- holds ; and stating the amount due, and that the attachment is not sought for the purpose of vexing or harrassingthe debtor, and upon the plaintiff's executing bond to the defendant in double the amount sworn to be due. Attachments, auxiliary to pending suits, may be sued out on the same grounds as original attachments. Personal property in any county in the state is bound by executions, upon their delivery to the sheriff of said county. Judgments, (which are usually obtained at second term of the Court aftpr the suit is instituted,) create a lien on real estate from the dale of their rendition. MISSISSIPPI. Imprisonment for debt does not exist. Attachments may issue upon a creditor making complaint to any Judge of the Supreme Court, or any Justice of the Peace of any county, under oath or affirmation, that the debtor has removed out of the State, or is about to do so, or so conceals himself that process cannot be served upon him. The plaintiff must give a bond to secure the payment of all costs and damages that may be recovered against him by the defendant. LOUISIANA. Neither females or non-residents can be arrested. After judgment, no debtor can be arrested to compel the payment thereof; but before judgment is obtained, a debtor can be arrested upon an affidavit that he is about to quit the 128 State, without ].|qaving,in, it sui%jeqtr property t^ sa,ti^fy jijjp jufj^nent which the creditor expects to phtain. f , . Attachments may issue against the property of a ,4?btor, provided, it shall appear the^t h§ is about tp. quit the State, ^p^ where such debtor has already'.left the State never to return, or resides out of the, State ; oryhe^e-he a^iPrejie^ himf^lf ^to avoid being icited. A debtor's property may also be attaiC^ed in the hjinds of third persons, in order to secure the paynd^jiti of a debt, whether the amount b^hquidated or not, provided the term of payment has arrived, and the, creditor, his ^gienlj ojf attorney ip, fact, who prays for thp attachment, stalje ex- pressly, and positively the amount which he claims. , Plaintiif, in conjunction with, one good and solv^jj!; per- son residing within, the jurisdiction .jpf thp coifirt tjp.wh^^j^ the petition is presented, must give security fpr the payment of any damages which may ensue, should it be decided that the attachment was wrongfully obtained. When a creditor believes that a third person has in his , possession property belonging to his debtor, or that he owes money to the said debtor; he may make such third person a party to the suit, by having hitn cited to declare on oath what property he has in his possession belonging to the de- fendant or to what amount he is indebted to said defendant, notwithstanding the debt is not fully diie. " TEXAS. ' Imprisonment for debt is prohibited by the constitution! An attachment may be sued out against a debtor when a summons to answer to a civil suit shall be returned by the SheriflF, the debtor not being found in the county, and the at- tachment may be levied on the property, rea,l or personal, of said debtor. Upon a plaintiff pr his agent making an affida- vit to. the effect that the defendant is justly indebt^^' to plaintiff in a sum to be stated ; also, jth^tdefpn^aflt doi^s'ijpt j?eside within the State, or' that he is abou^tp remove there- from, or secretes himself so that process cannot be served, or is about to remove his property out of the State, and that the attachment is not sufed out with the intent of injuring the defendant. The Judges and Clerks of District Courts, and Justices of the Peace, may issue original attachments return- able to their respective courts. At the time of making the above affidavit, a bond must be given, with two or more sureties, in double the amount due, conditioned that the plaintiff will prosecute his suit to effect, and pay such dama- ges as may be adjudged against him for wrongfully suing out such attachment. ' Writs of sequestration may issue under the following cir- cumstances : 1 . When a married woman sues for a divorce, and makes oath that she fears that her husband will waste her separate property, or their common property, or the fruits or revenue produced by either, or remove the same put of this stat^ during the pendency of the suit. 2. When a person sues for the title or possession of a slave, or other moveable property or chattels, and makes oath that he fears the defendant or person in possession thereof, will injure or ill treat such slave, or waste such property, or remove the same out of the state during the pendency of the suit. . 3. When a person sues for the foreclosure of a mortgage, or the enforcement of a lien upon a slave, or moveable property of any description, and makes oath that he fears that the defendant or person in possession thereof, will injure or ill treat such slave, or waste such property, or remove such slave or property out of the county, 4. When any person sues for the title or possession of real property, and makes oath that he fears the defendant or per- son in possession thereof, may make use of his possession to injure such property, or waste the fruits and revenue pro- duced by the same, or convert them to his own use. 17 130 5. When any person sues iorihe title or possession of any property from which he has been ejected by force or violence, and shall make oath to such facts. ARKANSAS. No person can be arrested in a, civil action, except upon an affidavit made by plaintiff, supported by the affidavit of some disinterested and credible person, to the effect that fraud has been committed, and the facts justifying such al- legation. An attachment may issue against the property of . a debtor, provided plaintiff, or some other person for him, shall at the tinie of filing the declaration, likewise file an affidavit to the effect that the defendant is justly indebted to , the plaintiff in a sum exceeding one hundred dollars, and stating the amount, and also tha,t the defendant is not a ires- ident of this state, or that he is about to remove put of this stat^, or that he is about to remove his goods and effects out of this state, or tbat he so secre1;es himself that process can- not be served on him. A bond in dpuble the amount claimed must be given, con- ditioned for the payment of such damages as may be awarded against plaintiff. When the amount claimed is one hundred dollars, or less, justices of the peace may issue an attachment. Boats running on the, navigable waters of the state may be attached for debts contracted by their owners, &c. on account of work or supplies furnished the boat. TENNESSEE. Imprisonment for debt does not exist. Attacliments may issue against the property of debtors resident within the limits of the state, whenever the sheriff 131 of the county makes a return that defendant is not to be found in his county. , They may also issue, upon a creditor making oath that his debtor so absconds or secretes him- self, that process cannot be served upon him, or that he is removing or about to remove himself or his property out of the state, or is absconding or secreting himself, or his prop- erty, or that he is a non-resident. Plaintiff must likewise state in the affidavit the amount of his claim. Citizens of the other states may sue in the Circuit Courts of the state or of the United States. Execution issues against the real or personal estate of the defendant immedi- ately after the rendition of judgment, and may be levied, and a bond taken by the officer vi^ith security for the delivery, on or before the first day of the term of court succeeding that in which execution issued, of sufficient property to sat- isfy the judgment ; and in the event of a forfeiture of this bond, a writ authorising a sale, issues against defendant's property, and that of his surety, or the officer may proceed to sell under the original execution, and in case the amount is not raised by the second term after judgment, defendant and his sureties are liable. Judgments may be obtained by sureties and accommoda- tion endorsers on motion, without notice, against their prin- cipals, or co-sureties, for their proportion of the debt. Sureties and creditors can, after obtaining judgment, recover from any person who may have received usurious interest from their principal or debtor, the amount over and above the legal rate of interest, so received ; and this excess of interest in all cases constitutes a fund in the hands of the usurer for the payment of the demands of bonajide creditors. KENTUCKY. . No arrest can be made upon any original or mesne process, unless the plaiiitifF files an affidavit that he verily believes 132 his debtor will go or move his property out of the state be- fore judgment, or abscond so that process, after judgment, cannot be served upon him, or that the debtor is possessed of money or securities, or evidences of debt in his possession, or in the possession of' others for his use, and is about to quit the state without leaving sufficient property to meet the claims of plaintiff. The affidavit must likewise state the nature and amount of the claim, and that it is just. Security must be given by the plaintiff to satisfy the de- fendant's damages, if it be proved that the order was wrong- fully obtained. Attachments may issue under the following circumstances : In any action for the recovery of money upon a contract, where the action is against one or more defendants, who, or some one of whom reside out of the state, or who has been absent frotn the state during a period of four months, or has de- parted from the state with intent td defraud his creditors, or has left the county in which he ordinarily resides for the purpose of avoiding a service of summons, or so conceals himself that summons cannot be served upon him ; or who is about to remove his property or some jjortion of it from the state, not leaving sufficient to satisfy the claims of plain- tiff ; or who has or is about to dispose of his property with intent to defraud his creditors. Attachments may also issue in actions to recover personal property, in cases where it has been ordered to be deliverf d to the plaintiff, when the property, or a part of it has been disposed of, or concealed or removed, so that the sheriff can- not execute the order for its delivery. Bond must be given by the plaintiff to pay costs and damages that may be av^arded against him by reason of the attachment. OHIO. No female, or officer or soldier of the Revolutionary War can be arrested or imprisoned in any case where the action 133 is founded on contract, nor can any person be imprisoned for debt, in a civil action, except in cases of fraud. Arrests may be made before or after judgment in the fol- lowing manner. An order for the arrest of the debtor may be made by the clerk of the court in which the action is brought, provided there is filed in his office an affidavit by the plaintiff or his agent made before any judge, or any clerk of a court of law in the state, or before a justice of the peace, stating the amount and nature of the plaintiff's claim, and that it is just ; and declaring that the defend,ant has re- moved or commenced to remove any of his property out of the jurisdiction of the court ; or that he has began to convert any part of his property into money, with the intention of defrauding his creditors ; or that he is possessed of property ■which he fraudulently conceals ; or that he has disposed of, or is about to dispose of his property, with the intent to de- fraud ; or that he fraudulently contracted the debt or incurred the liability upon which the suit is founded. The facts upon which the belief in the existence of one or more of the above particulars is founded must also be embraced in the affidavit. The order of arrest may accompany the summons, or be issued at any time afterwards, and before judgment, provided there has first been executed, by sufficient sureties on behalf of the plaintiff, a written undertaking that plaintiff s'hall pay to defendant all damages he may sustain by reason of the arrest, if the order be wrongfully obtained ; not, however, exceeding double the amount of the claim. An execution against the person of a debtor, and requiring' his committal to the county jail until he satisfy the judgment, or is otherwise lawfully discharged, may issue upon any judg- ment for the payment of money, in the event of the judg- ment debtor having removed or commenced to remove any of his property out of the jurisdiction of the court, in order to prevent the collection of money due on the jjidgment ; or when he is possessed of property which he fraudulently con- ceals with the like intent ; or when he has disposed of his 134 property or any part thereof, to prevent , its being taken in execution ; or if he fraudulently contracted the debt or in- curred the, liability on which the judgment is rendered; or when he was arrested on an order before judgment, and has not been discharged as an insolvent debtor, or the order has not been set aside. An execution against the person of a debtor, unless he be already under arrest, or an order issued before judgment, can only be issued subject to the allowance of the Suprerne Court, the Court of Common Pleas, the Probate Court or a judge of either of said courts, upon satisfactory proof 'that one,, or more, of the preceding cases exists, A justice, of the peace may issue an execution with these conditions. Attachments may issue upon plaintiff or his agent filing an affidavit in the office of the clerk of a court, stating the amount and nature of the plaintiff's claim, that it is just, and the existence of one or other of the before-mentioned grounds of attachment. Plaintiff must in all cases, except where the ground of attachment is, that defendant is a foreign corporation, or re- sides out of the state, give a bond with sufficient sureties, to be approved of by the clerk, to pay to the defendant any damages which may ensue from a wrongful attachment, not exceeding double the amount of the claim. A creditor may make a similar affidavit, before his claim is due, and on his filing it with the clerk of the Court of Common Pleas, an attachment may issue against the prop- erty, real or personal, of the debtor. Plaintiff must first give a bond for the payment of damages to defend,^nt in the event of a wrongful attachment, as above provided. In such actions, plaintiff cannot have judgment until the claim is due., MICHIGAN. Arrests may be made upon promises to marry, or for monies collected by a public officer, or for misconduct or 135 neglect in office, or in any professional employment ; also on demands arising out of contract, provided plaintiff or some person in his behalf makes affidavit that defendant is indebt- ed to plaintiff in a speciified sum, and stating the nature of the debt, and also that defendant is about removing his prop- erty or any portion of it out of the jurisdiction of the court in which the suit is brought, with the intent to defraud his creditors ; or that he has property or rights in action, or some interest in any public or corporate stock, or money, or evi- dence of debt which he unjustly refuses to apply in satisfac- tion of such judgment as may have been rendered against ; or that he fraudulently conceals such property; or that he has removed, assigned, or otherwise disposed of or is about to remove, assign or dispose of any of his property or rights in action with the intent to defraud his creditors ; or that he fraudulently contracted the debt or incurred the obligation in respect to which the suit is instituted. Attachments may issue by the clerk of a Circuit Court, against the estate, real or personal, of a debtor, under the following provision : that an affidavit be made by the plain- tiff, or by some person in his behalf, that the defendant is justly indebted to the plaintiff, according to the belief of the deponent, in a specified sum, (exceeding one hundred dol- lars,) and that the same is due upon a contract, express or implied, or upon a judgment on such contract ; and that the deponent knows, or has good reason to believe that defendant has absconded from the state, or is about to do, or that he is concealed therein ; or has assigned, disposed of or concealed, or is about to assign, dispose of, or conceal any of his prop- erty with the intent to defraud his creditors ; or that he has removed any of his property out of the state, or is about to do so, with the like intent ; or that he fraudulently contracted the debt or incurred the obligation in respect to which the suit is instituted ; or that he resides without the, state, and has done so for a period of three months immediately pre- ceding the time of making application for the attachment ; or that defendant is a foreign corporation. 136 INDIANA. An action brought for the recovery of a debt, or for 'dam- ages, can be commenced by the issuing of a capias ad res- pondendum, ov by a summons. , ^ '" Before special bail can be required, the plaintiff, or his agent, must make an affidavit and file it with the' clert of the court where the suit is instituted setting forth the rights of plaintiff to recover an existing debt or damages froiii the defendant ; and that he believes the defendant is about to leave the state, taking with him property subject to exe- cution, or money or effects which should be applied in sat- isfaction of plaintiff's debt or damages ; defendant's object being to defraud said plaintiff.. No capias ad respondendum can be delivered to an oflicer for execution, until an order for special bail is obtained and endorsed on such writ. Attachments may issue against the real or personal prop- erty of a debtor, he being a resident of the state, provided it be shown that he has left the state, or is about secretly to do so, with the intent to defraud his creditors, or to avoid th6 service of civil process ; or that he keeps himself concealed so that process cannot be served upon him, with the inteht to create delay or. defraud his creditors. No attachment, however, can issue against a debtor, so long as his wife' and family remain bona fide settled within the county where his usual place of residence may have been prior to his absence ; provided that such absence is not prolonged liiore than one year, and that no attempt be made to conceal his absence ; and that he shall not be secretly transferring, conveyinof or removing his property or effects by which the payment of his debts may be evaded. In the event of the wife or family of such debtor refusing to give an account of the cause of hi^ absence, or of the place where he may be found, or give a false account of either ; or be unable to account for his ab- sence, or tq tell where he may be found, it shall be deemed and construed an attempt to conceal said debtor's absence. 137 ILLfN'0i3. In the event of a debtor tefusing to surrendef hfe property, real or personal, for the satiafaiotion of any exedutioti which inay be issued against it, the plaintiff or his attorney may make affidavit of such faet befere any justice of the peace of the coanty ; and upon filing snjoh affidavit with the clerk of the court frora which the Execution issued, or With the jastice of the peace who issued (siitSh execution^ it shall be lawful for such clerk of justice of the psEtoe, as the case may be, to issue a eapms ad satisfdoiindum against the body of such defendant ift execution. la actions to be commended in- any cotirt of record found, ed on any speciality, judgflaentj OP cotitract, in which the plaintiff or other credible person can ascertain the amount due or th^ damages sustained, £Md will make a#idavit before the clerk of the court from which process issues or before a justice of the peace, or in tfee eyent of plaintiff residing out ei the state, before any person duly authorised to administer oaths, that the same is in danger of being lost or that the benefit of any judgfiff^ist will be lost unless the defenda^it be held to bail, and up6» such affidavit' being delivered to the clerk of the court, said el&i^ must issue a writ agaiflst the person of the defendant, vftth direetions endorsed to the sheriff, to take bail ;- wtieti dattiagm remain unsatisfied, the affidavit must state thff facts, a:nd the nature and cause of action, and the clerk may fix the amount of bail. A person arrested for debt on execution, or on original process, for the purpose of being held to bail, may, if he desire it, be conveyed befbfe the judge of the county in which the arrest is made, and render to said judge, under oath, a complete schedule of EtU feis property with an account of all his liabilities s and if no #aiid appears upon an exaniinatipn of said debtor, or of the witnesses, produced, and if the (lebtor assign all the prpj^rty. enumerated in said schedule 18 138 not liable to exemption,, and. produce the receipt of the as- signee to the court for the saine, hei may be discharged. ;Attachments may issue against the property of a debtor of whatever description, upon the plaintiff or some^ -person in his behalf making an affidavit be|ore the clerk of the Cir- cuit Court of any county in this, state, that his debtor is about to, Or has departed from this state, with the intention in either case of having his efFi^qts and personal estate re- moved without the state, to the,: injury of such , creditor, or stands in defiance of any officer authorized to arrest him on civil process, so that the, ordinary process of law can not be served on such debtor ; and that the debtor is indebted to him in a sum exceeding twenty dollars, and specifying the amount and nature of such indebtedness. , Attachments '-may. also issue by a Justice of the Peace against the property of a non-resident oi the state, upon the creditor or his attorney or agent, making oath or affirmation before said justice of the peace within the state, that said non-resident is indebted to plaintiff in a sum not exceeding fifty dollars. Attachment may issue, in the case of a non-resident, against all his property for a sum exceeding twenty dollars, from the clerk of a Circuit Court' of any county. Imprisonment for debt cannot take place, except in cases where the debtor .refuses ;to deliver up ■ his estate for, the benefit of his creditors, or upon strong presumption of irSud. MISSOURI. Imprisonment for debt does not exist. Attachmbnt may issue under the following circumstances : when the debtor does not reside within the liniits of the state, or secretes himself, or has absconded or ab^entfed himself from his Usual place of abode' in the' state, so, that process cannot be served ; or is about to remove his property, or has 139 fraudulently conveyed or assign,^^ or coiicealed or otherwise disposed of said property ; or is , g,l)out to fraudulently con- vey, assign, conceal or dispose of his, property, so as in to hinder or delay his creditors ; or when the debt was con- tracted out of the state and the debtor has absconded or secretly removed his property into the state with thie intent to defraud, hinder or delay his creditors. In any of the above cases of fraudulent disposition of property, the attachment may issue even though the debt be not fully due. > Affidavit must be made by, the plaintiff, or some person in his behalf, before the attachment can issue, setting forth that defendant is justly indebted to plaintiff in the siim claimed, after allowing all just credits and offsets ; the nature of said debt, and that deponent hath good reason to believe the ex- istence of one or more of the, before mentioned causes, en- tithng him to an attachnient. This affidavit may be put in issue by defendant, and in such case plaintiff must prove the facts stated by him as ground of attachment. Bond must be given by plE|,intiff, with one or more sureties, being resident householders of the county in which the suit is brought, in a sum at least double the amount of the de- mand for the payment of any damages which may ensue in the event of a wrongful attachment. IOWA. Arrest cannot be made on a judgment upon any civil contract. Attachment may issue by the Clerk of a District Court, in an action founded on contract, provided that plaintiff makes an affidavit stating, as near as possible, the amount due him by defendant ; .that he believes defendant is a non-resident of , the state, or. that he, is about to dispose of or remove his property with the intent to defrai^d his creditors, or that 140 he has absconded, so that process caflflot be served upon hiiili The writ may bfe letied Upon defendant's property, real or personal, found in the county, or upon sO much of the prop- erty as may be suMcietat to satisfy the debt> together with interest and Costs of suit. WISCONSIN. No person can be arrested or imprisoned for a debt arising- but of a contiract; Attabhrtietlt may issue from a County or Circuit Court, where the amount claimed exceeds one hundred dollars over and above all offsets, upori plaintiff or some person in his behalf making an affidavit, Setting forth that defendant is iudebted to plaintiff in a specified sum, after allowing all just credits and offsets, and that said amOunt is due on contract, express or. implied, or UpOtt judgment or decree ; and that de- . ponent knows, or believes, that defendant has absconded, or is about to abscond from the State, or that he is concealed therein to the injury of his creditors ; or that he has assigned, or other- wise disposed of, or concealed property With the intent to de- fraud his creditors ; or that he has removed, oris pbout to re- move property out of the state with the like intent ; or that he fraudtilently contracted the i't't, or incurred the liability respecting which the action is brought ; or that he has fraud- ulently conveyed or disposed of his property or a part of it, or is about to do so with the intent to defraud his credi- tors ; or that he is a non-resident of the state, or isaforeigfli corporation. Attachments may issue from Justices' Courts, under the above circumstances, when the amount claimed in the affi* davit exceeds five dollars, over and above offsets, and the defendant resides in another county, and over one hundred miles distant from Ihe resid^nee of the Justice, 141 CALIFORNIA. No female can be arrested in any civil action. A male may be arrested und£r the following circumstances : — When tbe suit is upon a contract for the recovery of money, or dam- ages, if the defendant is about to leave the State with the intent of defrauding his creditors. When the claim, is for fine or penalty, or property embezzled or fraudulently misap- plied, by a public officer, or by an attorney or counsellor, or by a;n officer or agent of a corporation, in the course of hie employment as such, or by any factor, agent, broker, or other person in a fiduciary capacity. When defendant has fraudulently contracted the debt, or incurred the obligation for which the action is brought, or when defendant has re- moved or disposed of his property, or is about to do so, with intent to defraud his creditors. Plaihtiff must prove by his affidavit, or that of some one in his behalf, the facts entitling him to the order of arrest, before such order can be issued ; and must also execute an undertaking with two or more sureties, to pay defendant the costs and damages that may be sustained in consequence of the arrest, to the amount of at least two hundred dollars^ when the officer must notify the plaintiff as soon as the arrest is made. Defendant is at liberty to demand a trial immediately, and it must be had within three hours, unless the trial of ano- ther action is pending,) otherwise defendant is discharged. If the plaintiff obtain judgment in this trial, he may obtain another arrest on the same grounds as the first. Defendant may be discharged upon giving an undertaking With two satisfactory sureties, binding themselves in the amount named in the order of arrest, if the defendant does not at all times render himself amenable to the process of the court . Attachment may issue against the property, real of per- sonal, of a debtor for an obligation founded on contract for 142 tlie payment of money in the State, whether the contract was made in the State or not, if not secured on real or per- sonal property. Plaintiff is entitled to proceed by attachment in the Dis- trict Court, upon making affidavit in his own name, or by his agent, to the effect that defendant is indebted to plaintiff in a sum amounting to, or exceeding two hundred dollars, specifying the nature and amount of the debt as near as may be, and that it is diie upon contract, express or implied, and "that plaintiff has a good cause of action, either from the de- fendant's having absconded, or concealed himself, or re- moved his property ,clut of the State, or his being about ^o do so, with the intent to defraud his creditors, or that he fraudulently contracted the debt, or is a non-resident of the State. Plaintiff must, at the same time, give an under- taking with two or more sureties, in a sum not under two hundred dollars, nor more than the amount claimed in the affidavit, that in the event of defendant's recovering judg- ment, plaintiff will pay all costs and damages awarded by reason of a wrongful attachment, not exceeding the sum hamed in the undertaking. The Sheriff is bound to execute the attachment, unles? defendant gives bond with two or more sureties for the payment of the demand and costs, should plaintiff recover judgment. At any time prior to judgment, defendant, may give the undertaking to the clerk of the court after reasona- ble notice to plaintiff; and upon so doing, the property attached and not sold, must be delivered up by the Sheriff, with the proceeds of any sale that may have taken place. The sureties given in either case, must be worth at least double the amount named in the bond, and resident house- holders or freeholders in the State. in cases of attachment, it matters not whether plaintiff or defendant be a citizen or an alien, so long as th^ demand grows out of a California contract. 143 When a sale on execution takes place, the personal estate must be first disposed, of, then the real property, or so much of it as is requisite to satisfy the demand ; and the debtor may, at any time within six months after the sale, redeem all real estate, except lease-hold, of unexpired terms of less than two years, by paying, the amount for which it was sold, v/ith. eighteen per cent, interest thereon. The purchaser is entitled to receive rent from any person who may be in pos- session, except the debtor. THE EXEMPTION LAWS, OF flACS QP THE STATES. The tEKsoNAi, PROPERTY exefflpt by law from sale on ex- ecution is nearly the same in value and in kind in all the states. A list 6f such property; comprisihg every article, would not be of sufficient general interest to warrant us in devoting to it the large space which its publication in this work would require. We have thought it proper, however, to give in this place a complete synopsis of the Homestead Exemption laws of the various states where such laws have been enacted, carefully compiled from recent statutes. HOMESTEAD EXEMPTION. MAINE. A piece of land, together with the buildings upon it, or so much thereof as shall not exceed the value of five hun- dred dollars, same being the property of a householder in actual possession thereof, is exempt from any debt contracted since the 1st of January, 1850. The widow and minor children of any person, deceased, who held property exempt- ed as above, may continue to hold said property during the minority of the children, or so long as the widow remains unmarried ; and said property cannot be sold during such minority, or while said widow remains unmarried, for the satisfaction of any debt contracted before the 1st of January, 1850. The liens of mechanics are not defeated by the exemptions under this act. If the head of a family, or a householder desires to avail himself of the benefits of this act, he must file a certificate, 149 mtdm: his kamd, settmg foEtk sadi^ wish, 'vt^ith a description, ofctljte piopeEtyi, in the^ office, of the register of dfiflds in the ' county where the said) property is situate j an,d said register trilii recoad the same in; a boofc kept for the purpose upon payment of the duly authorized) fees : andj so much of said property as does not exceed/ five hundred dollars in value,. shall be forever exempt from liability for any debt contraoted by said hoiiasishaljlei after the date of recording said certi& Gcite ; and the record in said register's office shall; be^ prima facie evidence that the certificate purporting to be th©r4 recorded, was made, signed, and filed, as appears upon such record. And upon being recorded, as aforesaid, th« property as described in the first section of this act shall be. exempted within the provisions thereof. When property, exempted as aforesaid, is claimed by a oreditoT to be over five hundred dollars in value, it may be seized on execution, and the appraisers shall first set off s«iich part of the property as the debtor may select, and if he neglects so to do, the officer may select for him tt> the value of five hundred dollars^ by metes and bounds ; and shall then appraise and, set off to the creditor the remainder, ©E so much thereof as may be necessary to satilsfy such; exr eeution ; and the appraiser shall be sworn accordingly ?jnd shall make return of the pr©ceediug§. NEW HAMPSHIRE. The following was approved on the' 4th of July, 1851 : " From and after the first day of January, Ai. J)., L85,2, the family homestead of the head of each familf ' shall be exempt from attachment, and levy, or sale on execution on any judgment rendered on any cause of action accruing after the taking effect of this act; provided such homBstead shall not exceed, in value: five hundred dollars. Such homestead shaiE not be assets in the hands of an administrator i for the 19 146 payment of debts, nor subject to the laws of distribution or devise, so long as the widow or minor children, or any or either of theM, shall occupy the same ; and no release or waiver of such exemption shall be valid, unless made by deed executed by the husband and Wife^ with all the formalities required by law for the conveyance of real estate ; or if the wife be dead, and there be minor children, by such deed ex- ecuted by the husband, with the consent of the judge of pro- bate for the county in which the land is, indorsed on said deed. Such exemption shall extend to any interest which the debtor may own in such homestead, and to any interest in any building occupied by him as a homestead, standing on land not owned by him to an amount not exceeding five hundred dollars. The sheriff executing any writ of execution, founded on any judgment such as is mentioned above, on application to the debtor or his wife, if such debtor shall have a family, and if the lands and tenements about to be levied on, or any part thereof, shall be the homestead or estate thereof, shall cause a homestead such as thfe debtor may select, not ex- ceeding five hundred dollars in value, to be set off to the debtor in the manner foUbwing, to wit : he shall cause three appraisers to bo appointed, one by the creditor, one by the debtor, and one by himself, who shall be discreet and disin- terested men, residents in the county, and shall be sworn by a justice of the peace impartially to appraise and set off by metes and bounds a homestead of the estate of the debtor, such as he may select, not exceeding five hundred dollars in value ; and the set-off and assignment so naade as aforesaid by the appraisers, shall be returned by the sheriff along vrith the writ, for record in court; and if no complaint shall be made by either party, no further' proceedings shall be had against the homestead : but the. remainder of the debtor's land and. tenements, if any more he shall have, shall, be lia- ble to levy or sale on execution in the same manner as here- 147 tofore provided, by law ; provided, that upon good cause shown, the court out of which the writ issued may order a re-appraisement and re-assignment of the homestead, either by the same appraisers or others appointed by the court, and under such instructions as the court may give j and such ap- praisement shall be made and returned to said court as aforesaid. When the homestead of any head of a family, being a debtor in execution, shall consist of a house, or a house and lot of land, which in the opinion of the appraisers can not be divided without injury and inconvenience, they shall make and sign an appraisal of the whole value thereof, and deliv- er the same to the officer having the execution, who shall deliver a copy thereof to the execution-debtor, or some mem- ber of his family of sufficient age to understand the nature thereof, with a notice thereof attached, that unless the exe- cution-debtor shall pay to said officer the surplus over and above the five hundred dollars,, within sixty days thereafter, -eaid premises will be sold ; and in case such surplus shall not be paid within the said sixty days, it shall be lawful for the officer to advertise and sell the same at auction, by post- ing up notices of the time and place of sale, with a descrip- tion of the premises, in two or more of the most pubhc places in the town where the same -is situate, and a like notice in the next adjoining town, thirty days prior to the sale ; and out of the proceeds of such sale to pay the said execution- debtor, with the written consent of his wife, the sum of five hundred dollars ; provided, however, if the wife of such debtor shall not consent to such payment, the sheriff or offi- cer having such proceeds shall deposit said sum of five .iiundred dollars in some savings institution iii this state, to the credit of said debtor and wife ; and the same may be withdrawn therefrom only by the joint ord«r of the husband and wife, or by the survivor in case one should decease ; and the same shall be exempt from attachment and levy of execu- tion for the term of one year from the time it shall be paid 14^8 orde^bsited as a^resaid^ And tlie said sheriff or ofiifcer shall apply the balance of said proceeds on the exeealaon, «r so much thereof as sTifdlbe necessary 't&isatisfy the same ; ^v&- vided 'that 'ho such sale shall be 'made unless a greater sum than iive hundred dollars shall be bid therefor, in which case the ofEcer shall return '^e execution for want of property, with a certificate thereon of his proceedings." The provisions of this act shallnot extend to any judgment rendered oh any Contract made 'before the liaking effect ttf this act, or judgmerit rendered on ctn^ note or mortgage ex- ecuted 'by the debtor and his wife, nor any claim for iabor less than one hundred dollars, nor to iinpair the lien by-na!05?t- gage of the vender fort;he purchase money of the homestead in question, nor of ahy mechanic or Other person, under any statiite of this state, fdr any debt contracted for oT. in aid: of the erection of the buildings, nor from the payment of taxes due thereon. No 'Conveyance or alienation by the husband of any 'pro- perty, exempt and «et Giff as aforesaid, shall be Talid un- less the wife join in the deed of conveyance ; provided, how- ever, that such husband -may without the consent of his wife, mortgage such homestead, at the time of 'the purchase there- of, for the payment of the purchase money. The ■pi'ovisions of this^abt shall not be so construed as -to affect any 'property fraudulently purchased by the debtor, when' in insolvent circumstsinces.. VERMONT. *rhe family homestead of every housekeeper or head df a family, consisting of a dwelling house and outbuildings with the lands appurtenant, (not exceeding in value 'fiVe hutldred dolMs,) occupied liy such person as a homestead, arid the yearly products thereof, shall he exemjlt from attachment and execution, in all cases where the contract sh^ll be made 149 or the cause of action shall accrue after the first of Decem- ber, one thousand eight hundred and fifty, except as herein- after provided. Whenever thp real estate of such housekeeper or iiead of a family shall he levied upon by virtue of any execuftion, such portion thereof as may be occupied by him as a tome- Btead, and as he may then elect' to jegard as smch, to the : -ffaltie of fi-ve hundred dollars, in case such person is emtitied to hold the same exempt from said execution, shall be set oul; to him 'by the appraisers on said execution, upon their •oaths, lamd the remainder only shali be set off to the credi- tor therein, and such homestead shall be set out in Hiie «ame manner as is now provided by law for the settingoff of lands on execution. . in the event of any such housekeeper or head of 'a fauffiriiy ■dying and leaving a widow his homestead, of the aforesaid value, shall pass wholly to his widow, and children-, if any there be, in, due course of descent, vpithout being liable to -satisfy the debts of the deceased, unless said debts be made specially chargeable thereon, or for taxes assessed thereon* Such hMnestead cannot -be alienated or mortgaged by the owner, !'(bei!ng a married man), except by the joint deed of himself and wife, executed and acknowledgenl ill the manner provided for the conveyance of the lands of married women i , provided, however, that such husband may, without the con- sent of his wife, mortgage such homestead, o years from the delivery of the goods ; if the creditors or the debtors die within such two years, then the further time of two years. Infants, married women, persons insai^e, iinpri^on^ed, be- yond seas, or out of the country, have the same periods, respectively, after the removal of their disability. Actions of account, as concern merchandise between mer- chants, actions of debt on speciality ; actions of covenant, are not regulated by statute, but governed by the English law, in force before 1776. If any person, by absconding, concealing himself, or other- wise, prevents his creditor from bringing suit within the time above specified, the statute may not be pleaded by such per- son in bar of any suit brought against hij»« ALABAMA. Actions of trespass ; detinue; trover; replevyj ; for taking goods and chattels ; actions of debt founded o» contract ; for arrearages of rent ; on a parol demise ; of account, aod on the case (except between merchants cpnoewing the trade of merchandise), must be commenced within six years ; on any lease under seal, or any sealed instrument for the payment of nvpney, within sixteen years ; trespass fpr assault, menace, battery, wounding, and imprisonment, within two yeoirs ; actions on the case for words, within one^ear. Judgment in any Court of Record may be revived by scire facitis, or action of debt, within twenty years. The right of entry upon lajjds is liiojited to twenty years after the accrufd of such right. Real, possessory, ancestral, mixed, aiid otli^r actions for landsj are limited to thirty years. Actions of forcible entry 18^ aiid detainer; are barred by tj^ree'^fear-s'- adverse possession'; actions on open account, except between mercharits, are limited to three years ; writs oi eVror to the' Supreme Court of the State are limited to three years ; wills may be contested by bill in chancery within j?ue i/earsirdrti the time of probate. The time of absence from the State is not computed. 'Infantsj married women, persons insane or imprisoned, have the same periods respectively after'the removal of their disability. MISSISSIPPI. Real and mixed actions iaust be brought within twenty years after the cause. All actions of trespass ; quare cldusum f regit ; of ti'espass ; detinue ; trover ; and replevin ; actions of debt founded on any lending or contract without specialty ; or for arreairages of rent due on a parol demise ; all actions of account and on the case, except actions for slander and such as concern the trade pf merchandise between merchants, their factors and agents, must be commenced and sued within sm years. Minors, femme coverts, and persons non compos mentis, at the time a cause of action may accrue, shall have the'period of the limitation after the removal of the disability. The' time during which" any person liable to a cause of action may be out of the State, is not reckoned a part of the limitation. ' All actions founded lipon any contract for goods, wares,' or m'erchandise, sold and delivered, or for any article charged in any store account, must be commenced within two years after the accruing of the cause. ' ;-.)'; Every action of debt or covenant, for rent or arrearages of rent, founded upon '^ny lease under seal, and every action of debt on a bill, obligation, and award, for the payment of iflOfiey, must be' commenced and sued within sixteen years after the cause. 183 Judgments of any Court of Record may be revived by scire facias, or action of debt thereon, at any time within twenty years from date of judgment. LOUISIANA. The commencement of the actions of masters and instruc- tors in the arts and sciences, for lessons which they give by the month ; inn-keepers and others, on account of lodging and board ; retailers of provisions and liquors ; workmen, laborers, and servants, for the payment of their wages ; for the payment of the freight of vessels ; the wages of the officers, sailors, and others of the crew ; for the supply, of wood and other things necessary for the construction, equipment, and provisioning of vessels — is limited to one year after the cause accrues. Actions for injurious words, verbal or written ; for damages caused by slaves or animals ; that which a possessor may institute, to have himself maintained or restored to his pos- session, when he has been disturbed or evicted ; for the de- livery of merchandise or other effects shipped on board of vessels ; for damage sustained by merchandise on board of ships, or which may have happened by. ships running foul of each other — to one year; an action for arrearages of rent- charge, annuities, and alimony, or of the hire of moveables or immoveables ; for the payment of money lent ; for the salaries of overseers, clerks, secretaries, and teachers of the sciences, for lessons by the year or quarter ; of physicians, surgeons, and apothecaries, for visits, operations, and medi- cines — to three years; actions on bills of exchange, notes payable to order or bearer, except bank-notes ; those on all effects negotiable or transferable by endorsement or delivery ■'—to five years; all actions for immoveable property, or for an entire estate, as a succession — to thirty years. 184 . ' TEXAS, Actions of trespass for injury to property, of trdver and conversion ; for taking away goods and chattels ; actions on open account (except those that concern the trade of mer- chandise between merchants, thpir factors, and agents), must be brought within two years ; actions ^of debt upon contract in •wnting, four years ; actions on account for goods, wares, aftd ttierchatidisfe, sold 60 .15 60 .16 I 60 .17 60 .18 70 .16 70 .16 70 .17 70 .18 . 70 .20 , 70 .21 80 .17 80 .18 80 .20 80 .21 ■. 80 .22. 80 .24 90 .19i 90 .21 90 .22 90 .24 90 .25 ■. 90 . .27 .100 .21: 100 .23 100 .25 100 .26 100 .28 ,100 .30 200 .43 200 .46. 200 .49 200 .53 200 .66 300 ..59 300 .64 300 .69 300 .74 .300 .79 :300 .84 300 .89 400 .85,, 400 .9a; 400 .99 40O 1.05 400 1.12 .400 1.18 500 1.07' BOO 1.15 600 :i.23 !S0O 1.32 500 1 .40 500 1.48 1000 8.14 1000 2.30 1000 2.47 1000 2.63 1000 2.79 loop 2.96 203 Interest Tablets. Six pet Oeat 19 nays. [ aid 'Bays. 1 »1 Bays. 1 aa Bays. 1 as Bays. 1 a4 Bays. PR. IN. PR. . f 1 IN. PR. IN. PR. IN. PR. IN. PR. IN. $1 .00 .00 ^1 .00 $1 .00 «1 .00 $1 .00 2 .01 2 .01 2 .01 8 .01 2 .01 8 .01 3 .01 3 ' .01 3 .01 3 .01 3 .01 3 .01 4 .01 ■ 4 .01 4 .01 4 .01 4 .02 4 .08 5 .02 6 .02 5 .02 5 .03 5 .02 5 .02 6 .02 6 .02 6 .02 6 .03 6 .02 6 .02 7 .02 7 .02 - 7 .02 7 .03 7 .03 7 .03 8 .02 8 .03 8 .03 8 .03 8 .03 8 .03 9 .03 9 - .03 9 .03 9 ' .03 9 .03 9 .04 10 .03 10 .03 10 .03 10 .04 10 .04 10 .04 20 .06 20 .07 ' 30 .07 30 .07 20 .09 30 .08 30 .09 30 .10 30 .10 30 .11 30 .11 30 .12 40 .12 40 .13 40 .14 40 .14 40 .15 40 .16 50 .16 50 .16 " 50 .17 50 .18 50 .19 50 .20 60 .19 60 .20 60 .21 60 .33 60 .83 60 .24 70 .22 70 .23 70 .24 70 .35 70 .26 70 .28 80 .25 80 .26 80 .38 80 .29 80 .30 80 .33 90 .28 90 .30 90 .31 90 .33 90 .34 90 .36 100 .31 100 .33 100 .35 lOO .36 100 .38 100 .39 200 .62 200 .66 200 .69 300 .73 200 .76 300 .79 300 .94 300 .99 300 1.04 300 1.08 300 1.13 300 1.18 400 1.25 400 1.32 400 1.38 400 1.45 400 1.51 400 1.58 500 1.56 500 1.64 500 1.73 500 1.81 500 1.89 500 1.97 1000 3.12 1000 3.29 1000 3.45 1000 3.62 1000 3.78 1000 3.95 US ] •»rs- 36 Onja. ar ] Says. as 1 l>aya. a9 Days. 30 Vays. PR. IN. PR. «1 IN. PR. 91 IN. .00 PR. IN. PR. IN. PR. 11 IN. il .00 .00 SI .00 $1 .00 .00 2 .01 2 .01 3 .01 3 .01 2 .01 2 .01 3 .01 3 .01 3 .01 3 .01 3 .01 3 .01 4 .02 4 .02 4 .08 4 .03 4 .02 4 .03 5 .02 5 .03 5 .02 5 .08 5 .02 5 .02 6 .03 6 .03 6 .03 : 61 .03 6 .03 6 .03 7 .03 7 .03 7 .03 ■ 7 .08 7 .03 7 .03 8 .03 8 .03 8 .04 8 .04 8 .04 8 .04 9 .04 9 .04 9 .04 9 .04 9 .04 9 .04 10 .04 10 .04 10 .04 10 .05 10 .05 10 .05 20 .08 20 .09 20 .09 20 .09 20 .10 30 .10 30 .12 30 .13 30 .13 30 .14 30 .14 30 .15 40 .16 40 .17 40 .18 40 .18 40 .19 40 .20 50 .21 50 .21 50 .22 SO .23 50 .24 50 .25 60 .25 60 .26 60 .37 60 .28 60 .29 60 .30 70 .29 70 .30 ; 70 .31 70 .32 70 .33 70 .35 80 .38 80 .34 80 .36 80 .37 80 .38 80 .39 90 .37 90 .38 90 .40 90 .41 90 .43 m .44 100 .41 100 .43 IflO .44 100 .46 100 .48 ■lOfl .49 200 .82 200 .85 20( .89 20( .92 200 ..95 800 .99 300 1.23 300 1.28 30d 1.33 30d 1.38 300 1.43 300 1.48 400 1.64 400 1.71 '4O0 1.78 400 1.84 400 1.91 40G 1.97 500 8.05 500 2.14 sod 2.88 soq lOOfl 8.30 500 8.38 60( lood 2.47 iooo 4.11 1000 4.37 lOOfl ■4.44 4.60 IOOO 4. ,77 4.93 204 3I.,I>ar*> 1 60 Days. { 90 Db7B. 1 3 JHOB. 1 3 Idas. 1 4 MOR. PR. IN., PE. IN. -1 PR. 81 IN. PR. $1 IN. PR. tl IN. PR. Ti IN. «1 .01 $1 .01 .01 .01 -02 .02 ■-S .01 2 .02 2 -03 2 .02 2 .03 2 .04 3 .02 3 .03 3 .04 3 .03 3 .05 3 .06 4 .02 4 .04 4 .06 , 4 .04 4 .06 4 .08 6 .03 5 .05 5 .07 , 5 .05 5 .08 5 .10 6 .03 6 .06 ; 6 .09 6 .06 6 .09 6 .12 ■ , 7 .04 7 .07 7 -10 7 .07 7 .11 7 , .14 8 .04 8 .08 8 .12 8 .08 8 .12 8 1.16 9 .05 9 .09 9 .13 9 .09 9 .14 9 .18 10 , .05 10 .10 10 .15 10 .10 10 .15 10 .20 20 .10 20 .20 20 .30 20 .20 20 .30 20 .40 30 .15 30 .30 30 .44 30 .30 30 .45 30 .60 40 ; .20 40 .39 40 .59 40 .40 ,40 .60 40 .80 50 .25 50 .49 50 .74 50 ' .50 50 .75 50 1.00 60 .31 60 .59 60 .89 60 .60 60 .90 60 1.20 70 .36 70 . .69 70 1-04 70 .70 70 1.05 70 1.40 80 .41 80 ,,.79 80 1.18 80 .80 80 1-20 80 1-60 90 .46 90 .89 90 1.33 80 .90 90 1-35 90 1.80 100 ,..51 100 ..99 100 1.48 100 1.00 100 1-50 100 2.00 200 1.02 200 1.97 200 2-96 200 2-00 200 3.00 200 ,4.00 300 1.53 300 2-96 300 4.44 :30( 3.00 300 4.50 300 6.00 400 2.04 400 3-95 400 5-92 40( ,4.00 400 6.00 400 8.00 500 2.55 500 4-93 500 7.40 500 5.00 500 7.50 ,50( 10.00 1000 5.10 1000 9.86 1000 14.79 1000 10-00 lOOO 15.00 1000 20.00 Interest Tables. Siz per Cent. 5 Mos. PR. IN. «1 .03 2 .05 3 .08 4 -10 5 .13 6 .15 7 .18 8 .20 9 .23 10 .25 20 .50 30 .76 40 1.00 50 1.25 60 1.50 70 1.75 80 2.00 90 2.26 100 2.50 200 5-00 300 7.50 400 10.00 600 12.50 1000 35.00 6 Mas. PE. IN. $1 .03 2 .06 3 .09 4 .12 5 .15 6 .18 7 .21 8 .24 9 .27 10 ..30 20 .60 30 .90 40 1.20 50 1.50 60 1.80 70 2.10 m 2.40 9b 2.70 100 3-00 200 6.00 300 9.00 400 12.00 500 15.00 1000 30.00 8 Mob. PE. IN. 11 -04 a -08 3 .12 4 .16 5 .20 6 .24 7 .28 8 .32 9 .36 10 .40 20 .80 30 1.20 40 1.60 50 2-00 60 2-40 70 2.80 80 3.30 90 3.60 100 4.00 200 8.00 300 12.00 400 16.00 iJOO 20.00 1000 40.00 PE. IN. $1 .05 2 .09 3 .14 4 .18 5 .23 6 .27 7. .32 8 .36 9 .41 10 .45 20 .90 30 1.35 40 1.80 50 2.25 60 2.70 70 3.15 80 3.60 90 4.05 100 4.50 ,200 ■9.00 300 13-50 400 18.00 500 22.50 1000 45.00 PE. IN. $1 .05 2 .10 3 .15 4 .20 5 .26 6 .30 7 .35 8 .40 9 .45 10 .50 20 1.00 30 1.50 40 2.00 50 2.50 60 3.00 70 3. .50 80 4.00 90 4.50 100 5.00 200 10.00 300 15.00 400 20.00 500 25.06 1000 60.00 One rear. PR. IN. «1 .06 2 .12 3 .18 4 .24 5 .30 6 .36 7 .42 ,',',' ..;. 8 .48 t i \ , 9 .54 ' 1 1 .' 10 .60 'i ', 20 1.20 . 30 1.80 40 2.40 50 3.00 60 3.60 70 4.70 80 4.80 90 5.40 100 6.00 200 12.00 300 18.00 400 24.00 500 30.00 1000 60.00 S05 Interest Tables. Seven per Cent. Iday. 1 9 day». 1 3 ftara. I 4 days. | 5 days. | 6 days. PR. IN. PK. IN. PR. '^1 IN. PR. IN, PR. fl IN. PR. ''*1 IN. «1 .00 »1 .00 .00 ':''*1 .00 .00 .00 2 .00 2 .00 2 .00 2 .00 2 .00 2 .00 3 .00 3 .00 3 .00 3 ' .00 3 .00 3 .00 4 .00 4 .00 4 .00 4 .00 4 ' .00 4 .00 6 .00 6 .00 S .00 5 .00 5 .00 6 .01 6 .00 6 .00 6 .00 6 .00 6 .01 6 .01 7 .00 7 .00 7 .00 7 .01 7 .01 7 .01 8 .00 8 .00 8 .00 • 8 .01 8 .01 a .01 9 .00 9 .00 9 .01 9 .01 9 .01 9 .01 10 .00 10 .00 10 .01 10 .01 10 .01 10 .01 20 .00 20 .01 20 .01 20 .02 20 .02 20 .02 30 .01 30 .01 30 .02 30 .02 30 .03 30 .03 40 .01 40 .02 40 .02 40 .03 40 .04 40 .05 60 .01 SO .02 50 .03 50 .04 50 .05 50 .06 60 .01 60 .02 60 .03 60 .05 60 .06 60 .07 70 < .01 70 .03 70 .04 70 .05 70 .07 70 .08 80 .02 80 .03 80 .05 80 .06 80 .08 80 .09 90 .02 90 .03 90 .05 90 .07 90 .09 90 .10 100 .02 100 .04 100 .06 100 .08 100 .10 100 .12 200 .04 200 .08 200 .12 200 .15 200 .19 200 .23 30C .06 300 .12 300 .17 300 .23 300 .29 300 .35 400 .08 400 .15 400 .23 400 .31 400 .38 400 .46 60C .10 500 .19 500 .29 500 .38 500 .48 500 .58 1000 .19 1000 .38 1000 .58 1000 .77 1000 .96 1000 1.16 Vimfm. PR. IN. SI 3 4 9 9 id 20 30 40 BO 60 , 70 80 90 100 .900 m 600 1000 .00 .00 .00 .01 .01 .01 .01 .01 .01 .01 .03 .04 .05 .07 .08 .09 .11 .12 .13 .27 .40 .64 .67 1.34 8 days. PR. IN. 2 3 4 5 6 7 8 9 10 20 30 40 50 60 70 80 90 100 200 300 400 500 1000 .00 .00 .00 .01 .01 .01 .01 .01 .01 .02 .03 .05 .06 .08 .09 .11 .12 .14 .16 .31 .46 .61 :77 1.63 9 days. PR. IN. $1 .00 2 .00 3 .01 4 .01 5 .01 6 .01 7 .01 8 .01 9 .02 10 .02 20 .03 30 .05 40 .07 50 .09 60 .10 70 .12 80 .14 90 .16 100 .17 800 .35 300 .52 400 .69 500 .86 1000 1.78 10 days. PR. ei IN. .00 2 .00 3 .01 4 .01 5 .01 6 .01 7 .01 8 .02 9 .02 10 .02 20 .04 30 .06 40 .08 50 .10 60 .12 70 .13 80 .15 90 .17 100 .19 200 .38 300 .58 400 .77 600 .96 1000 1.92 11 days. PR. IN. $1 .00 2 .00 3 .01 4 .01 5 .01 6 .01 7 .01 8 .02 9 .02 10 .02 20 .04 30 .06 40 .08 50 .11 60 .13 70 .16 80 .17 90 .19 lOO .21 80d .48 .68 .84 5O0 1.05 1000 a.27 19 days. PR. IN. ' $1 .00 2 .00 3 .01 4 .01 5 .01 6 .01 7 .02 8 .02 9 .02 10 .02 20 .05 30 .07 40 .09 50 .12 60 .14 70 .16 80 .18 90 .21 100 .23 200 .46 300 .69 400 .92 500 1.16 1000 2.80 m l^t^rest Tablei|, SeTren^j>er Cent- ' ISaayia. | li days. 1 IS.dufs. ( 16 days. | 17 days. 1 IS dajs. PR. iH- pb; »i IN. PR. Il IfJ.. PR. IN. PH. m. piV ,^,- $1 ,.00 -Op .00 .11 ^,.00 $1 .00 fi ;;«Oo ^.01 , 2 .00 2 .01 2 -01 2 -■.01 2 .01 2 3 .01 3 -01 3 .01 3 , .01 3 .01 3 4 .' .01 4 .01 4 : -01 4 . -01 ' 4 .01 4 .'■ .01 5 ,: .01 5 • -01 5 -01 ' 5 ' .02 5 ;, .02 5 ,^.03 6 . .01 6 , -02 6 -02 6 i,', -03 6 . .02 6 1-02 '; 7 -: -02 7 '! .02 7 -02 - 7 .03 ,., ^ ,■ .02' ,r • 7 »i' .02 8 ., .02 8 , .02 ' 8 -02 . 8 ; .02 ■ 8 [■> .03 '8 t .03 1 9 ,: .02 9 , .02 ,1 9 -03 9 .03 ,' 9 ;. -03 ' 9 *;' .03 - ."'10 .;, -03 10 U-03 . 10 .03 10 .03 VlO > .03 10 V, .03 *t-.07 20 ' .00 20 :'.o5 .' 20 .06 20 r .06 ■'! 20 ;.',' .07 20 30 .07 30 , .08 30 .09 30 ' -09 '30 !;t';.10 '. 30 ''.10 40 ' .10 ' 40 .,'■,-11 40 -12 40 .12 ,;;40 .Vl3 40 "■'.14 50 -12 50 ,■■-13 50 .14' ; 50 -15 -50 .'".16 50 ,■^^.21 60 ;.i9 60 -16 , 60 -17 60 ,, .18, ;60 ,' -20 60 _' ro ,. .17 70 .,'-19 . 70 .20 70 ( .21 70 '■' .23 , 70 .' ''.24 80 , .20 ; 80 ,' -21 80 , -23 80 -25 80 .26 80 '•,.28 ', 90 " .22 , 90 ,;'-24 90 .26 90 .28 90 , .29 flO ■i.31 ,'lOft , .25 'lOO .27 100 .39 100 ' ,31 100 .33 100 "'-36 '200i ,50 200 :54 200 -58 200 .61 200 '.'65 200 • j69 300 ■•':75 300 ' .81 300 .86 300 .92 300 ' .98 300 ■■'1';'04 400 1-00 400 1.07 400 1-16 .400 1.23 400 1.30 400 •i'i'ss 500 1-25 500 1.34 500 1.44 •500 1:53 500 i;63 500 l';73 1000 %f^ 1000 2:68 1000 2.88 1000 3.07 1000 3-26 1000 ■^ 19 days. 'm: IN. fl -00 2 .01 3 .01 4 -Ql 5 .08 e .08 % .03 s .03 9 .03 ' 10 ' .04 20 -07 3( '■■ -11 40 ■'' -is ' 6( ' 22 ' 7( •f Ae 8d i 9^ ' -29 • -33 'lO( ' .38 300 ■'-73 ' '300 : 1.0:9 400 ',1-4.6 5,00 'l-8« ■trtnfl 3-64 m 30 days. 'pi; . 11 ii.. ,,-00 '.01 2 3 .01 ; 4 .02 ' 5 -02 6 -02 t .03 8 .03 ^ .03 10 .04 20 .08 3(( '■ .12 40 .15 50 ' .19 6q ' -23 70 ' -27 80 '; -31 96 .35 100 ' .38 20Q ''.77 300 1.15 400 1.53 500 1.92 !iciO{| 3.84 iSl days. PR. IN. 10 2Q 30 40 50 60 70 8Q 90 100 200 30Q 400 50d .00 -01 -01 .03 .02 .02 -03 -d3 .04 .04 .08 .12 .16 .20 -24 .28 .3? .36 .40 .81 1.21 i.61 3-01 4.03 23 < lays. PR. Il IN. .00 a .01 3 .01 4 .02 . 5 .02 e -03 ,' 7 -03 ' 8 -03 9 .04 10 .04 20 .08 30 -13 40 , -17 50 -21 60 .25 7Q .30 80 .34 90 .38 100 -42 200 .84 300 J. 27 400 1.69 500 .3.11 10)00 4-32 33 da$8. PR. IN. .-»1 2 ,! 3 4 5 6 7 8' 9i 10 20 30: 40 50 601 70 so! 90 100 .200 300 400 500 lOOO .00 .01 .0,1 .(^ -03 -03 .03 .64 -0*^ .04 .09 .13 -18 .22 .26 .31 -35' -4t) .44 '.8S .32 .76 .21 -.41 $1 2 3 4 5 34 d^p».' -.00 «.0l .01 .02 .02 .03 .03 .04 .04 .05 -.09 :?.14 ''.IS 6 7 ■ fi 10 20 301 40 5C( eq 7( SI loa 200 300 400 50Q i<¥>a • .23 '.32 '.37 !.4i - .46 '.92 fL38 ''1".84 'fcso •;*.60 20lf .- Interest Tables. SeVen per 'tf^iit. as «ars» 1 36 days. 37 day.. 3S days. 30 days. 3^ dayii. PR. IN. .pR. . SI IN. PR. $1 IN. PR. }N.. PR. IN. ' PR. IN. I-!$1 ..00 ,.00 -OV '■$1 .01 91 .01 '11 .01 a. -2 *i .01 2 .01 2 .01 2 .01 2 , .01 2 .01 . 3 V-Ol 3 , .01 3 .02 3 . .02 3 : .02 3 .02 :i.4 ii-oa 4 .02 4 .02 4 .02 4 .02 4 .02 -h 6 IJ.OS 5 .,.02 5 .03 5 .03 5 .03 5 . .03 .•4.6 r:.03 . 6 , .03 6 , .03 6 .03 6 .03 . 6 .03 :>:... 7 !i.03 - 7 . .03 7 -.04 7 .04 7 .04; 7 .04 J'c.-S I? .04 , 8 .04 8 .04 8 -04 8 .04 ,•"8 •; .05 . i . 9 'i!..04 . 9 ,-04 9 .,-05 ^ 9 .05 9 .(-05 ,. 9 , .05 KIO ;*-.o5 10 .05 10 -05 10 .05 10 .06 . 10 .06 (30 ;.;... 10 ; 20 .10 20 .-10 20 .11 20 '.11 20 ..'-12 30 ■ .14 . 30 .15 30 . .16 30 ,'.16 30 117 30 .17 . 40 .19 40 .20 40 .21 40 .21 40 .22 40 .23 .. 30 ■.:..24 50 .25 50 .26 50 ' .27 50 -28 50 .29 .;eo ,..29 60 .30 60 .31 60 ,32 60 .33 60 .35 -v 70 V.34 70 .35 70 .36 70 .38 70 .39 70 ;.-4o .80 ^ ..,38 . 80 .40 80 ...41, 80 ,-.43 80 ,,.44 80 .46 :; 90 !■ .43 90 .45 90 .47 90 .48 90 .50 90 .52 ..ilOO .K;.48 100 .50 100 .52 100 .54 100 .56. 100 .58 :;200 .'. :96 200 1.00 :200 1.04 200 .1.07 200 1.11 200 i:i5 . am •1.44 300 1.50 300 1.55 .300 1.61 300 1.67 300 1.73 .4m lifla 400 1.99 400 2.07 .400 2.15 400 2.22 400 ?.30 .i&m a.4o 500 2.49 500 2.59 500 2.68 ,500 2.78 500 2.88 1000 4.79 1000 4.99 1000 5.18 1000 5.37 1000 5.56 1000 '5.75 31 days. PR. IN. 2 3 4 5 6 7 9 10 20 30 .40 50 60 70 80 90 10b 200 300 400 sod 1000 .01 .01 .02 .02 .03 .04 .04 .05 .05 .06 .12 .18 .24 .30 .36 .42 .48 .54 .59 1.19 1.78 2.38 2.97 5.95 60 days. PR. IN. 2 3 4 5 6 7 8 9 10 20 30 40 50 60 70 80 90 100 200 300 400 500 1000 .01 .02 .03 .05 .06 .07 .08 .09 .10 , .12 .23 .35 .46 .58 .69 .81 .92 1.04 1.15 2.30 8-45 4.60 5.75 11.51 90 days. PR. IN. $1 2 3 4 5 6 7 8 9 10 20 30 40 50 60 70 80 90 100 200 300 400 500 1000 .02 .03 .05 .07 .09 .10 .12 .14 .16 .17 .35 .52 .69 .86 1.04 1.21 1.38 1..55 1.73 3.45 5.18 6.90 8.63 17.26 3 mas. PR. IN. 2 3 4 5 6 7 8 9 10 20 30 40 50 60 70 80 90 100 200 300 400 500 1000 .01 .02 .04 -05 .06 .07 .08 .09 .11 .12 .23 .35 .47 .58 .70 .82 .93 1.05 1.17 2.33 3.50 4.67 5.83 11.67 3 Mos. PR. IN. 2 3 4 5 6 7 8 9 10 20 30 40 50 60 70 80 90 lOO 200 300 400 500 1000 .02 .04 .05 .07 .09 .11 .12 .14 .16 .18 .35 .53 .70 .88 1.05 1.23 1.40 1.58 1.75 3.50 5.25 7.00 8.75 17.50 4 Mas. PR. IN. 4 5 6 7 8 9 10 20 30 40 50 60 70 80 90 100 200 300 400 500 1000 .02 .05 .07 .09 .12 .14 .16 .19 .21 .23 .47 .70 .93 1.17 .40 .63 .87 .10 g3 .67 00 9.33 11.67 23.33 208 Interest Tables. Seven per Cent 5 inas. 1 6 SItn. 1 8 Mos. 1 mo*. 1 lO IHo*. 1 One Year. PR. IN. PE. IN, PR. IN. PR. 81 IN. PK.. IN. pa. IN. .81 .03 ~Ti .04 «1 .05 .05 .06 ..•1 .07 2 .06 3 .07 2 .09 2 .11 2 .IS 2 .U 3 .09 .- > .11 , 3 .14 3 .16 3 .18 3 .31 4 .13 , '4 .14 4 .19 4 .21 4 .23 4 .28 6 .15 6 .18 5 .23 5 .26 6 .39 6 .SBt 6 ,.18 6 .21 6 ,28 6 ,32, 6 .38 « .43 7 .20 7 .25 : .7 .33 7 .37 ,■7 .41 7 .4d 8 ».S3 8 .28 8 .37 8 .42 8 .47 8 .66 9 .26 9 .32 9 .42 9 .47 9 .53 9 .63 10 .29 10 .35 10 .47 10 .53' 10 .58 10 .70 SO .68 30 .70 20 .93 ^0 1-05 20 1.17 20 1.40 i 30 .88 30 1.05 30 1-40 30 1.58 30 1.75 30 2.10 40 1.17 40 1.40 40 1-87 40 2-10 40 3.33 40 2.80 SO 1.46 50 1.75 50 2.33 ■,-,50 2-63 50 3-92 50 3.50 60 1.75 60 2-10 60 2,80 , 60 3.16 60 3.50 60 4.20 70 3.04 70 3.45 70 3.27 ,:7o 3.68 70 4.08 70 4,90, ,80 2.33 80 2.80 80 3.73 80 4.20 80 4.67 80 6.60 90 2:63 90 3.15 90 4.20 90 4.73 90 5.25 90 6.30 100 2.92 100 3.60 100 4-67 100 5.25 100 5.83 100 7.00 800 6.83 200 7.0Q 200 9-33 200 10. ."iO 200 11.67 200 14.00: 300 SJS 300 10.50 300 14-00 300 15.75 300 17.50 300 21.00 400 11.67 400 14.00 400 18-67 400 21.00 400 23.33 400 28.00 5,00 14.58 500 17.50 500 23-33 500 26-25 500 29.17 500 35.00 1000 29.17 1000 35.00 1000 46.67 1000 52.50 1000 58.33 1000 70.00 C|e Jabs tffiiwrrang Itateraliptioir, WITH FORMS. &o. The following are the proceedings necessary to be taken before an alien can be. naturalized, or become a Citizen of the United States : — It is requisite that he should make a declaration, under oath, before any State court, being a court of record with a seal and clerk, and having common law jurisdiction ; or b3fore a Circuit or District Court of the United States ; or before a clerk of either of said courts ; two years, at least, before his admission, of his intention to become a citizen, and to renounce his allegiance to his own sovereign. If, however, the alien resided in this country prior to the ISth of June, 1612, and has since continued to reside in the country ; or if he be under twenty-one years of age, and shall have resided in the United States for three years next preceding his attaining his majority, this declaration of in- tention need not be previously made ; it is sufficient to be made at the time of his admission, on proving by two wit- nesses that he has resided five years in the United States, three years as a minor, and two since he became of age ; and declaring on oath, and proving to the satisfaction of the court, that for three years next preceding it had been his hona-fide intention to become a citizen. The alien's country must, at the time of his admission, be at peace with the United States ; and he must, on oath, before one of the above-mentioned courts, promise to support the Constitution of the United States, and renounce and abjure his native allegiance. 27 210 After an alien has been a resident of the United States for five years, and has made his declaration of intentions at least two years before, he may then be admitted to the rights of citizenship. In order to do this, he must prove, by the oath of two citizens of the United States, that he has been a resident of the United States for five years next preceding his admis- sion, without being at any time, during said five years, out of the territory of the United States, and has been for one year at least within the State where the court is held. He must, likewise, satisfy the court that, during that time, he has behaved as a man of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the same. If the alien has any title or order of nobility, he must re- nounce it upon being admitted a citizen. The minor children of persons duly naturalized are, if dwelling in the United States, deemed citizens. If an alien dies after having declared his intentions, but before his actual admission, his widow and children are deemed citizens. A married woman, who is an alien, may be naturalized. FORMS : Declaration of Intention to become a Citizen, and Certificate of the Clerlt. I, , do declare on oath, that it is bona fide my intention to become a citizen of the United States, and to renounce for ever all allegiance, and fidelity to all and any foreign Prince, Potentate, State and Sovereignty what- ever ; and particularly to , (naming the title of the Sovereign.) Sworn in open court this day of , 18 , before me, , Clerk of the Court of I, , Clerk of the Court of , being a court of record, having common law jurisdiction, and a clerk and seal, do certify that the above is a true copy of the original declaration of intention of to become a citizen of the United States, remaining of record in my office. In testimony whereof, I have hereunto subscribed my name, and affixed the seal of the said court, the day of , one thousand" [L. B.] eight hundred and , Clerk. 211 Oath of Alien. Vnited States of America ; State ) of , Count)/, ) ■ , being duly sworn, doth depose and say, that he is a resident in the State of , and intends always to reside in the United States, and to become a citizen thereof, as soon as he can be naturalized ; and that he has taken such incipient measures as the laws of the United States require, to enable him to obtain naturalization. Sworn before me, the day of ,18 , Clerk of Court. Affldavit of Alien under liligliteen Tears of Age at tlie time of his arrival. In the matter of i ? oi * -<• /-■„„„»„ „„ ,. / ;• ,■ > state 01 , Oounty, ss. on nis naturalization, ^ ■" , being duly sworn, says, that, for the continued term of five years last past, he^ias resided within the United States, without being at any time, during the said five years, out of the territory of the United States, and that for one year last past, he has resided within the State of New-York ; and that, at the time he so arrived in the United States, he had not attained his eighteenth year. Sworn in open court, this day of , 18 , before me. Clerk of the Court of Oath to Support the Constitntion in preceding case. I, , dp solemnly swear that I will support the Constitution of the United States, and that I do absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state or sovereignty whoever, — and particularly to , of whom I am a subject. Sworn before me, the day of , 18 Clerk of Court. Proof as to Character, &c., to accompany the foregoing Oath. State of , } 33 County. 5 , of said county, being duly sworn, doth depose and say, that he is a citizen of the United States ; that he is well acquainted with the above named ; and that the said has resided within the limits, and under the jurisdiction of the United States for five years last past, and for one year last past within the State of ; and that during the same period, he has behaved himself as a man of good moral character, attached to the prin- ciples of the Constitution of the United States, and well disposed to the good order and happiness of the same. And he further saith, that at the time the said arrived in the United States, he had not attained liis eighteenth year. Sworn before me, the day of , 18 . . Clirk of Court. 212 Beclaration of ha-ring had Intention to become a Citizen for tlireo years' past. I, , do declare on oath, that it is bona fide my intention and has been for the last three years, to become a Citizen of the United States, and to renounce for ever all allegiance to all and every foreign prince, potentate, state, and sovereignty whatever, and particularly to Sworn before me, the day of , 18 . , Clerk of Court. Certificate of Citizenship. United States of America, } Slate of , County, 5 ^°" Be it remembered, that on the day of , in the year of our Lord one thousand eight hundred and , late of , in the kingdom of , at present of , in the State of , aforesaid, appeared in the Court of , (the said court being a court of record, having common law jurisdiction, and a clerk and seal,) and applied to the said court to be admitted to become a citizen of the United States of America, pursuant to the directions and requisitions of the several acts of Congress in relation thereto : And the said having thereupon produced to the court such evidence, made such declaration and renunciation, and taken such oath as are by the said acts required ; thereupon, it v/as ordered by the said court, that the said be admitted, and he was accordingly admitted by the said court, to be a citizen of the United States of America. In testimony whereof, the seal of the said court is hereunto affixed, this day of , in the year one thousand eight hundred [L. s.] and , and in the year of our independence the By the Court. , Clerk. FORMS AND INSTRUCTIONS TO BE OBSERVED BY APPLICANTS FOR BOUNTY LANDS, Under the Acts of Congress. 1. Under the Act of Congress, of September 28, 1850. In every application for the benefit of this act, whether made by the surviving officer or soldier himself, or by his widow or minor child or children, a declaration, under oath, must be made as nearly accordmg to the following forms as the nature of the case will admit. In such declaration the signature of the applicant must be attested, and his or her personal identity established by the affidavits of two witnesses, whose residences must be given, and whose credibility must be sustained by the certificate of the magistrate before whom the application is verified. No certificate of facts will be deemed sufficient in any case, unless the facts are certified to be within the personal knowledge of the magistrate or other officer who shall sign the certificate ; or the names and places of residence of the witnesses by whom the facts are established be given, and their affidavits, properly authenticated, be appended to the certificate. The official character and signature of the magistrate who may administer the oath must be certified by the clerk of the proper court of record of his county, under the seal of the court, and a certificate to that effect must accompany every case. In every instance where the certificate of the certifying officer who authenticates the paper is not written on the same sheet of paper which contains the affidavit or other Note.— ^These instructions were prepared by Mr. Waldo, the able Commii- sioner of Pensions, and may tlierefore be followed witliout fear of error. 214 papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the official seal, so as to prevent any paper from being improperly attached to the certificate. As the act of 1850 grants bounty land to "each of the surviving, or the widow or minor children of deceased com- missioned and non-commissioned officers, musicians, and pn- vates,'" those applying for this bounty upon services rendered in any other capacity must furnish satisfactory proof that they were regularly detailed from the line for that particular purpose ; and members of the marine corps must have served with the army in the field, in the several wars referred to in the act of 1850, as a portion of the army, in order to give them the benefits of the act. When the name of a person on whose service a claim is asserted is not found on the rolls of the company designated, or of some other company of the same regiment or corps, the testimony of persons who were in a situation to know the facts about which they testify will be received to prove the service ; but in no case will any testimony be allowed to vary or discredit the length of service shown by the rolls. When no rolls of a company in which service is alleged to have been rendered are found in the files of the proper de- partment, satisfactory proof of payment for such services by the United States will be required ; and in that case the positive testimony of at least two witnesses who have re- ceived bounty land for the same service, or who were in a position to know the facts about which they testify, will be required to establish the service of the claimant. Where a party dies before the issue of his land warrant under the act of 28th September, 1850, the right to it dies with him, unless there be a widow, or children who are minors at the lime of the issue of the land warrant. If he left a widow, the application may be renewed in her name ; or if none, then in the names of such minor children. If 215 there be neither widow nor minor children, no right vests in any one. If the claimant die after the issue of the warrant, the title thereto vests in the heirs in the same manner as real estate, and can be assigned only by those who could convey a tract of land descended from the ancestor. Where the service has been rendered by a substitute, he is the person entitled to the benefit of the law, and not his em- ployer ; and where his name does not appear on the rolls as such, an affidavit to that eifect of the person who employed him should be furnished. Form of a Declaration to be made by the sarrlving Officer or Soldier. State of ' i ss County of , f ' _ On this day of , A . D. one thousand eight hundred and , personally appeared before me, a justice of the peace, (or other officer authorized to administer oaths for general purposes, ) within and for the county and State aforesaid, , aged years, a resident of , in the State of , who, being duly sworn according to law, declares that he is the identical who was a in the company* commanded by Captain , in the regiment of , commanded by , in the war with Great liritain, declared by the United States on the 18th day of June, 1812, (or other war embraced in said act, describing what war ;) that he enlisted (or volunteered, or was drafted) at , on or about the day of A. D. , for the term of , and con- tinued in actual service in said war for the term of , and was honorably discharged at , on the day of , A. D. .t He makes this declaration for the purpose of obtaining the bounty land to which he may be entitled under the " act granting bounty land to certain offi- cers and soldiers who were engaged in the military service of the United States," passed September 28th, 18.50. He also declares that he has not received a warrant for bounty land under this or any other act of Congress, nor made any ether application therefor. (Signature of the claimant.) State of City {or town) of County of Personally came and , residents of the (county, city or town) persons whom I certify to be respectable and entitled to credit, and who, being duly sworn, say, that they were present and saw make his mark (or sign his name) to the foregoing declaration ; and they further * Tf the claimaTit was a regimental or staff officer, the declaration must bo varied according to the facts of the case. + If the claimant was discharged in consequence of disability incurred by the service, or if he was in captivity wilh the enemyj he must vary his declaralion so as to set forth the facts of the case. ■:\ 216 swear that they have every reason to believe, from the appearance of the appli- cant, that he ia the identical person he represents himself to be ; and that they, deponents, do reside in the (county, city or town) aforesaid. ' (Signature of wilnesses.) Sworn to and subscribed before me this day of (Signature of justice, or other officer.) Form of a Declaration to he made hy the Widow of a deceased Officer or Soldiert State of , \ Comity of , J ^°' On this day of , A. D. one thousand eight hundred and , personally appeared before me, a justice of the peace, (or other officer authorized to administer oaths for general purposes,) within and for the county and State aforesaid, , aged years, a resident of , in the State of , who, being duly sworn according to law, declares that she is the widow of , deceased, who was a , in the company commanded by Captain , in the regiment of com- manded by , in the war with Great Britain, declared by the United States on the 18th day of June, 1812, {or other war, as the case may be;) that her said husband enlisted {or volunteered or was drafted) at , on or about the day of , A. D. , for the term of , and continued in actual service in said war for the term of , and was honorably discharged at , on the day of , A. 1). ' .* She further states that she was married to the said' in on the . day of , A. D. , by one , a , and that her name before her said marriage was ; that her said husband died at on the day of , A. D. , and that she is still his widow.f She makes this declaration for the purpose of obtaining the bounty land to which she may be entitled under the " act passed September 28, 1850." (Claimant's signature.) Sworn to and subscribed before me the day and year above written. (Officer's signature.) * The notes to the preceding: declaration are also applicable to this. In some cases it will, perhaps, be impossible for the widow to state the facts in relation to her husband's services with the particularity as to dates, &c., indicated by the above form. In such case she must set forth the facts with as much accuracy as possible. It v/ill be indispensable for her to slate the company and regiment in which he served. If her husband was killed in battle, that fact must be set forth in the declaration. This declaration must be accompanied by satisfactory proof of the marriag^e, and of the husband's death. If there be a public record of the marriage, a duly certified copy of it should be forwarded, if possible. If there be none but a private or family record, such family record, or a certified copy of the same, should be forwarded, with the affidavit of some dis- interested persons proving the genuineness of the original and the correctness of the copy. If no public or private recprd of the marriage exist, or can be procured, that fact should be set forth in the declaration : and in such case, other evidence — such as the testimony of persons whQ knew the parties in the lifetime of the husband, and knew them to live together as husband and wife, and to be so reputed — will be admissible. IL^j^ In no case, however, v.'ill the mere statement of witnesses that the claimant is-the widow of the deceased be taken as evidence of the mamage ; but the witnesses must state the facts and circumstances from which they derive their knowledge or opinion that she is the widow of the deceased. A certificate froin the^ clergyman or magistrate who solemized the marringe is not competent evidence, unless the genuineness of the certificate be pro\ed, and the person who gave it be shown to have been authorized to solemnize marriages. t A widow forfeits her title by a subsequent marriage, (except those widows whose hus- bands were killed in battle ;) and in such case it descends to the minor child orchildren, if any. 217 Applications liy Minor Children. If any officer or soldier who would have been entitled to bounty land under this act be dead, leaving no widow who still survives him, but a child or children under the age of majority, at the time of the issuing of the warrant, such minor child or children are entitled to the same quantity of land that the father would have been entitled to. In such case, the guardian, or next friend of such minor child or children, must make a declaration as nearly cor- responding with the foregoing forms as the nature of the case will admit, He must state the time of the father's death, the fact that no widow survives him, and the name or names, and exact age or ages, of his > surviving minor child or children. This declaration must be accompanied by satisfactory proof of the father's death, that no widow survives him, and of the ages of the minor children. If there be any family record showing the ages of the children, that or a certified copy of it should be forwarded, with the affidavit of some disinterested person, proving the genuineness of the original, and that the copy certified is a true and correct one. Bonnty Land Sill. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That each of the surviving, or the widow or minor children of deceased commissioned and non-commissioned officers, musi- cians, or privates, whether of regulars, volunteers, rangers, or militia, who performed military service in any regiment, company, or detachment in the service of the United States in the war with Great Britain, declared by the United States on the 18th day of June, 1812, or in any of the Indian wars since 1790, and each of the commissioned officers who was engaged in the military service of the United States in the late war with Mexico, shall be en- titled to lands as follows : Those who engaged to serve twelve months, or during the war, and aotaally served nine months, shall receive one liundred and sixty acres ; and those who engaged to serve six months, and actually served four months, shall receive eighty acres ; and those who engaged to serve for any, or an indefinite period, and actually served one month, shall receive forty acres : Provided, That wherever any officer or soldier was honorably discharged in consequence of disability in the service before the expiration of liis period of service, he shall receive the amount to which he would have been entitled if he had served the full period for which he had engaged to serve ; Provided, The person so having been in service shall not receive said lands, or any part 28 218 thereof, if it shall appear by the muster rolls of his regiment or corps that he deserted, or was dishonorably-discharged from service, or if he has received or is entitled to any military land bounty under any act of Congress heretofore Sbo^ 2. Ani, be it further enacted, That the period during which any officer or soldier may have remained in captivity with the enemy shall be estimated and added to the period of his actual service, and the person so detained in captivity shall receive land under the provisions of this act in the same manner that he would be entitled in case he had entered the service for the whole term made up by the addition of the time of his captivity, and had served during such term. Sec. 3. And he it further enacted. That each commissioned and non-com- missioned officer, musician, or private, for whom provision is made by the first section hereof, shall receive a certificate or warrant from the Department of the Interior for the quantity of land to which he may be entitled, and which may be located by the warrantee, or his heirs at law, at any land office of the United States, in one body, and in conformity to the legal subdivisions of the public lands, upon any of the public lands in such district then subject to private entry ; and upon the return of such certificate or warrant, with evidence of the location thereof having been legally made to the General Land Office, a patent shall be issued therefor. In the event of the death of any comfflission or non- commissioned officer, musician, or private, prior or subsequent to the passage of this act, who shall have served as aforesaid, and who shall not have received bounty land for said services, a like certificate or warrant shall be issued in favor and inure to the benefit of his widow, who shall receive one hundred and sixty acres of land in case her husband was killed in battle, but not to her heirs : .Provided, She is unmarried at the date of her application : Provided further. That no land warrant issued under the provisions of this act shall be laid upon any land of the United States to which there shall be a pre-emption right, or upon which there shall be an actual settlement and cultivation, except with the consent of such settler, to be satisfactorily proven to the proper land officer. Sec. 4. And be it further enacted, That all sales, mortgages, letters of attor- ney, or other instruments of writing going to affect the title or claim to any warrant or certificate issued or to be issued, or any land granted or to be granted, under the provisions of this act, made or executed prior to the issue, shall be null and void, to all intents and purposes whatsoever; nor shall such certificate or warrant, or the land obtained thereby, be in any wise uffected by, or charged with, or subject to, the payment of any debt or claim incurred by such officer or soldier prior to the issuing of the patent : Provided, That the benefits of this act shall not accrue to any other person who is a member of the present Congress : Provided further. That it shall be the duty of the Commis- sioner of the General Land Office, under such regulations as may be prescribed by the Secretary of the Interior, to cause to be located, free of expense, any warrant which the holder may transmit to the General Land Office for that purpose, in such State and land district as the said holder or warrantee may designate, and upon good farming land, so far as the same can be ascertained from the maps, plats,, and field notes of the surveyor, or from any other infor- mation in the possession of the local office ; and, upon the location being made as aforesaid, the Secretary shall cause a patent to be transmitted to such war- rantee : And provided further, That no patent issued under this act shall be delivered upon any power of attorney or agreement dated before the. passage of this act ; and that all such powers of attorney or agreements be considered and treated as null and void. Approved September 28, 1850. ^^ All claims under the aforesaid act, should be addressed to the " Coin> missioner of Pensions." ai9 UNDER JTHE ACT OF MARCH 23,'', 1852. Pension Office, March 27, 1852. The subjoined form of a declaration, to be observed by all persons applying to the Pension Office for bounty land, under the act of 22d March, 1852, entitled " An act to make bounty land warrants assignable, and for other purposes," is pub- lished in connection with the act itself. This form is only so far variant from that prescribed under the act of 28th September, 1850, as to adapt it to the recent act of March 22d. The service contemplated by the act, is that rendered sub- sequent to the 18th June, 1812, under a call by the authori- ties of any State to repel apprehended hostilities from any foreign government or Indian tribe, and whose services have been paid for by the United States. It should be specially noted that no one whose service was recognised by any previous act can claim under this, except where his mileage has not been allowed in the computation of his service. If the applicant desires to avail himself of the 5th section of the act, he must, in his declaration, state the place at which he was enrolled with his company, the distance thence to the point at which he was mustered into service, the place at which he was discharged, and the distance thence to the place of his original enrolment. It must also be clearly shown, by the testimony of persons certified to be credible, that his statements in these respects are true ; and the wit- nesses should specify the manner in which they obtain their information. Form of a Declaration to be made by the SnrTlTing Officer or Soldier. Slate of ' X ss: Cbunty of , S On tills day of , A. D. one tliousand eiglit iiundred and , personally appeared before me, a Justice of tlie Peace, (or other officer authorized to administer oaths for general purposes,) within and for said county and State aforesaid, , aged years, a resident of l\ 2S0 , in the State of _ , who being duly sworn, according to law, declares that he is the identical who was a in the company commanded by Captain , in the regiment of , commanded by , in the war with 'Great Britain, declared by the United States on the 18th day of June, 1812, {or nther wars embraced in the act, declaring what war ;) that he enlisted, {or volunteered, or was drafted,) at ., about the day of , A. D. for the term of , and was honorably discharged at , A. D. In addition to the actual service above described, he claims for miles from ' ' , at which he was enlisted, to , where he was mustered into service and for miles from , at which he was discharged, to , the said place of his enrolment. He makes this declaration for the purpose of obtaining the bounty land to which he may be entitled under the " act ipaking land warrants assignable, and for other purposes," passed 22d March, 1852. He also declares, that he has not received a warrant for bounty land under this or any other act of Congress, nor made any other application therefor. (Signature of the claimant.) State of City {or town) of County of Personally came and , residents of the (county, city or town,) persons whom I certify to be respectable and entitled to credit, and who, being duly sworn, say, that they were present and saw make his mark (or sign his name) to the foregoing declaration ; and they further swear that they have every reason to believe, from the appearance of the applicant, that he is the identical person he represents himself to be ; and that they, deponents, do reside in the (county, city, or town) aforesaid. (Signature of witnesses.) Sworn to and subscribed before me this day of (Signature of justice or other officer.) An Act to make land Trarrants assignable, and for other purposes. Be it enacted hy the Senate. and House of Representatives of the United States of Ameriea in Congress assembled, That all warrants for military bounty land which have been or may hereafter be issued under any law of the United States, and all valid locations of the same which have been, or may hereafter be made, are hereby declared to be assignable, by deed or instrument of writing made and executed after the taking effect of this act according to such form, and pursuant to such regulations as may be prescribed by the Commissioner of the General Land Office, so as to vest the assignee with all the rights of the origiual owner of the warrant or location : Provided, That any person Entitled to preemption right to any land, shall be entitled to use any such land warrant, in payment for the same, at the rate of one dollar and twenty-five cents per acre, for the quantity of land therein specified : Provided, That the warrants which have been or may hereafter be issued, in pursuance of said laws or of this act, may be located according to the legal subdivisions of the public lands, in one body, upon any lands of the United States subject to private entry at the time of such location at the minimum price : Provided further. That when said warrant shall be located on lands which are subject to entry at a greater Biinimum than one dollar and twenty-five cents per acre, the locator of said warrants shall pay to the United States in cash the difference between the value of such warrants at one dollar and twenty-five cents per acre, and the tract of land located on. 221 Sec. 3. And be it further enacted, That the registers and receivers of the land offices shall hereafler be severally authorized to charge and receive for their services in locating all military bounty land warrants issued since the eleventh day of February, eighteen hundred and forty-seven, the same com- pensation or pcr-centage to which they are entitled by law for sales of the public lands for cash, at the rate of one dollar and twenty-five cents per acre, the said compensation to be hereafter paid by the assignees or holders of such warrants. Sec. 3. And he it further enacted, That registers and receivers, whethfcr in or out of office at the passage of this act, or their legal representatives in case of death, shall be entitled to receive from the treasury of the United States, for services heretofore performed in locating military bounty land warrants, the same rate of compensation provided in the preceding section for services here- after to be performed, after deducting the amount already received by such officers under the act entitled " An act to require the holders of military land warrants to compensate the land officers of the United States for services in relation to the location of those warrants," approved May seventeenth, eighteen hundred and forty-eight : Provided. That no register or receiver shall receive any compensation out of the treasury for past services who has charged and received illegal fees for the location of such warrants : And provided further. That no register or receiver shall receive for his services, during any year, a greater compensation than the maximum now allowed by law. Sec 4. And be it further enacted. That in all cases where the militia, or volunteers, or State troops of any State or Territory were called into military service, and whose services have been paid by the United States subsequent to the eighteenth of June, eighteen hundred and twelve, the officers and soldiers of such militia, volunteers, or troops shall be entitled to all the benefits of the act entitled " An act granting bounty land to certain officers and soldiers who have been engaged in the military service of the United States," approved September twenty-eighth, eighteen hundred and fifty, and shall receive lands for their services according to the provisions of said act, upon proof of length of service as therein required ; and that the last proviso of the ninth section of the act of the eleventh of February, eighteeh hundred and forty-seven, [see 9th flection, 1847,] be and the same is hereby repealed : Provided, That nothing herein contained shall authorize bounty land to those who have heretofore re- ceived or become entitled to the same. Sec. 6. And be it further enacted. That were any company, battalion or regiment, in an organized form, marched more than twenty miles to the place where they were mustered into the service of the United States, or were dis- charged more than twenty miles from the place where such company, battalion or regiment was organized ; in all such cases, in computing the length of ser- vice of the officers and soldiers of any such company, battalion or regiment, with a view to determine the quantity of land any officer or soldier is entitled to under said act, approved twenty-eighth of September, eighteen hundred and fifty, there shall be allowed one day for every twenty miles from the place where the company, battalion or regiment was organized, to the place where the same was mustered into the service of the United States ; and also one day for every twenty miles from the place where such company, battalion or regi- ment was discharged, to the place where it was organized, and from whence it marched, to enter the service. LINN BOYD, Speaker of the House of Representatives. WILLIAM R. KING, President of the Senate pro tempore. Approved March 23, 1853. '^'^ MILLARD FILLMORE. COMPLETE RULES AND DIRECTIONS FOE PROCEEDINGS IN THE UNITED STATES PATENT OFFICE, WHO ENTITLED TO A PATENT. 1. Any person, whether citizen or aUen, may obtain a patent for any invention or improvement made by him, and not before known. 2. The assignee of any invention may have the patent issue to him directly, but this is held to apply only to as- signees of entire interests ; so that although, when the in- ventor assigns his entire interest to two or more, a patent will issue to them jointly, still if he yet retains a portion in himself, a joint patent will not be issued to him and them. The reason of this is not very evident, but the Attorney General has so decided. 3. In case of the death of the inventor, the patent will issue to his legal representatives. 4. Joint inventors are entitled to a joint patent ; but neither 'can claim one separately. WHAT WILL PREVENT THE GRANTING OF A PATENT- 5. Even although the applicant has in good faith actually made an invention, a patent therefor will not be granted him if the whole or any part of what he claims as new had before been patented or described in any printed publication in this or any foreign country, or even if it had before been invented -or discovered in this country ; or if he has once abandoned 223 his invention to the public ; or if, with his consent and allow ance, it has been for more than two years in pubhc use or on sale, 6. The mere fact of prior invention or discovery abroad will not prevent the issue of the patent, unless the invention had been there patented or described in some printed publi- cation. 7. Merely conceiving the idea of an improvement or ma- chine in this country, is not such an " invention " or " dis- covery" as is above contemplated. The invention must have been reduced to a practical form, either by the con- struction of the machine itself, or of a model thereof, or at least by making a full drawing of it, before it will prevent a subsequent inventor from obtaining a patent. MODE OF PROCEEDING TO OBTAIN A PATENT. 8. The application must be made by the actual inventor, if alive, even although the patent is to issue to the assignee ; but where the inventor is dead, the application and oath may be made by the executor or administrator. 9. The application must be in writing, signed by the ap- phcant, and addressed to the Commissioner of Patents. The following is the usual form, to be varied according to circumstances : PETITION. To the Commissioner of Patents : The petition of John Fitch, of Philadelphia, in the county of Philadelphia, and State of Pennsylvania, Respectfully represents : That your petitioner has invented a new and improved mode of preventing steam-boilers from bursting, which he verily believes has not been known or used prior to the invention thereof by your petitioner. He therefore prays that letters patent of the United States may be granted to him therefor, vesting in him and his legal representatives the exclusive right to the same, upon the terms and condition expressed in the act of Congress in that case made and provided ; he having paid thirty dollars into the treasury, and complied with the other provisions of the said act. JOHN FITCH, 224 10. The applicant must set forth in his specification the precipe invention for which he claims a patent. If claimed as a mere improvement on another invention, that fact should be clearly stated; and if claimed as sub- stantially differing from another invention vfiib which it appears to be coincident, the difference must be clearly pointed out. 11. Two or more separate machines will not be allowed to be the subject of one patent, whatever be the purpose for which they are used. This is intended to change the prac- tice of the office in those respects, wherein in certain cases all the machines used in the manufacture of one article are allowed to be claimed in one application. 12. The specification must be signed, by the inventor, (or by his executor or administrator if the inventor be dead.) It should describe the sections of the drawings (where there are drawings) and refer by letters and figures to the different parts. The substantial requisites of the specification are set forth in the act of Congress of 1836, section 6. The follow- ing may be taken a^a specimen of the proper form ; SPECIFICATION. To all whom it may concern, : Be it known that I, John Fitch, of Philadelphia, in the county of Philadelphia, in the State of Pennsylvania, have invented a new and improved mode nf pre- venting steam-boilers from bursting ; and I do hereby declare that the following is a full and exact description thereof, reference being had to the accompanying drawings, and to the letters of reference marked thereon. The nature of my invention consists in providing the upper part of a steam- boiler with an aperture in addition to that for the safety-valve ; which aperture is to be closed by a plug or disk of alloy, which wilF fuse at any given degree of heat, and permit the steam to escape, should the safety-valve fail to perform its functions. To enable others skilled in the art to make and use my invention, I will pro- ceed to describe its construction and operation. I construct my steam-boiler in any of the known forms, and apply thereto gauge-cocks, a safety-valve, and the other appendages of such boilers ; but, in order to obviate the danger arising from the adhesion of the safety-valve, and from other causes, I make a second opening in the top of the boiler, similar to that made for the safety-value, as shown at A, in the accompanying drawing ; and in this opening I insert a plug or disk of fusible alloy, securing it in its place by a metal ring and screws, or otherwise. This fusible metal I, in general, compose of a mixture of lead, tin, and bismuth, in such proportions as will insure its melting at a given tern- 225 perature, which must be that to which it is intended to limit the steam ; and will, of course, vary with the pressure the boiler is intended to sustain. I surround the opening containing the fusible alloy by a tube, B, intended to conduct off any steam which may be discharged therefrom. When the tem- perature of the steam in such a boiler rises to its assigned limit, the fusible alloy will melt, and allow the steam to escape freely, thereby securing it from all danger of explosion. What I claim as my invention, and desire to secure by letters patent, is the application to steam-boilers of a fusible alloy, which will melt at a given tem- perature, and allow the steam to escape, as herein described, using for that purpose the aforesaid metallic compound, or any other substantially the' same, and which will produce the intended effect. Witnesses, Robert Fulton, Olivee Evans. JOHN FITCH. When the application is for a machine, the specification should commence thus : Be it known that I, , of , in the county of , and State ■of , have invented a new and useful machine for [stating the use and title of the machine ; and if the application is for an improvement, it should jead thus : a new and useful improvement on a, or on the, machine, &c.] — and I do hereby declare that the following is a full, clear, and exact description of the construction and operation of the same ; reference being had to the annexed drawings, making a part of this specification, in which figure 1 is a perspective view ; figure 2 a longitudinal elevation ; figure 3 a transverse section, &c. ; (thus describing all the sections of the drawings, and then referring to the parts by letters. Then follows the description of the construction and operation of the machine ; and lastly the claim, which should express the nature and charac- ter of the invention, and identify the parts claimed separately or in combination. If the specification is for an improvement, the original invention should be dis- claimed, and the claim confined to the improvement.) 13. The specification must be signed by the inventor and attested by two witnesses. 14. The applicant must then make oath or affirmation as required by the act of 1836, section 6, which must be sub- stantially as follows : Oath. City and County of Philadelphia, ) Staie of Pennsylvania, S On this day of , 185 , before me, the subscriber, a , personally appeared the within named John Fitch, and made solemn oath (or affirmation) that he verily believes himself to be the original and first inventor of the mode herein described for preventing steam-boilers from bursting ; and that he does not know or believe the same was ever before known or used, and that he is a citizen of the United States. (Signed) A. B., Justice of the Peace. 29 226 In the case of an alien, who has taken the requisite steps to become naturalized, the following form should be adopted : City and County of Philadelphia, ) State of Pennsylvania, J ^^' On this ■■ day of ^ , 185 , before me, the subscriber, a , personally appeared the within named John Fitch, and made solemn oath (or affirmation) that he verily believes himself to be the original and first inventor of the mode herein described for preventing steam-boilers Irom bursting, and that he does not know or believe the satne was ever before known or used ; and that he is a native of the Kingdom of Great Britain ; that he has resided within the United States for the whole of the past year, and has taken the oath prescribed by law for becoming naturalized in this country. (Signed) ■ A. B., Justice of the Peace, 15. If the applicant is an alien not residing in the United States, or if he has not taken the requisite steps to become naturalized, the oath must be modified accordingly. 16. The oath may be taken before any person authorized by law to administer baths. When taken before a Justice of the Peace not having a seal of office, the fact of his being an acting Justice of the Peace should be certified to by the clerk of the proper court, attested by his seal of office. 17. When the oath is taken in a foreign country, the oath may be taken before any Minister Plenipotentiary, Charge d' Affaires, Consul, or commercial agent, holding commission under the government of the United States, or before any Notary Public of the country in which the oath is taken, be- ing attested in all cases by the proper official seal. 18. The drawings required by law, should generally be in perspective. Such parts as cannot be shown in perspective, must, if described, be represented in plans, sections, or details. 19. Duplicate drawings should be sent to the oflBce in the first instance. They should be neatly executed on sheets separate from the other papers — from eighteen to nineteen incfies from top to bottom, and not less than thirteen across, nor more than twenty-five, unless more space is necessary to exhibit the device or machine with clearness. One of these dravnngs, which is to be kept in the ofiice for reference, 227 should be on stiiF drawing-paper. The other, which is to be attached to the patent, should have a margin of one inch at least for that purpose, on the right-hand side, and should be on some material that will bear folding and transportation. Each part should be distinguished by the same number or letter, wherever that part is delineated in the drawings, and should be referred to in the spiecification by such letter or number. These drawings should be signed by the applicant, and attested by two witnesses. 20. The model must be neatly and substantially made, of durable material, and not more than one foot in length or height, except vs^hen a larger model is permitted by the office for special reasons to be shown by the applicant. If made of pine, or other soft wood, it should be painted, stained, or varnished. A working model is alwrays desirable, in order to enable the office fully and readily to understand the precise opera- tion of the machine. The name of the inventor, and also of the assignee, (if assigned,) must be fixed upon it in a perma- nent manner. 21. When the invention is of a composition of matter, a specimen of the ingredients and of the composition, which the law requires, must accompany the application, and the name of the inventor and assignee, (if there be one,) must be per- manently affixed thereto. 22. Models or specimens forwarded without a name, are liable to be lost or mislaid, as they cannot be entered upon the record. 23. No application can be examined, nor can the case be placed upon the files for examination, until the fee is paid and the model or specimen deposited, and a specification, together with a petition, oath, and drawings, (when required,) are filed. 24. the following persons are appointed agents to receive and forward to this office, models, specimens, and manufac- 228 tures, in accordance with the tenth section of the act of 1837: The Collectors of the ports of Portsmouth, N. H., Portland, Me., Burlington,' Vt., Providence, R. I., Boston, Mass., Hart- ford, Conn., New- York, Philadelphia, Baltimore, Richmond, Va., Charleston, S. C, Savannah, Ga., New Orleans, De- troit, Mich., Buffalo, N. Y., the Surveyor at St. Louis, Mis- souri, the Collector of the port of Cleveland, Ohio, the Sur- veyors at Chicago, Illinois, Cincinnati, Ohio, and Louisville, Kentucky. THE EXAMINATION. 25. All cases in the Patent Office are arranged in classes, which are taken up for examination in regular rotation. Those in the same class are examined and disposed of, as far as practicable, in the order in which the respective appli- cations are completed. When, however, the applicant has a foreign patent for his invention, or when such invention is deemed of peculiar importance to some branch of the public service, and wheti, for that reason, the head of some diepart- ment of the government specially requests immediate action, the case will be taken up out of its order. These, with ap- plications for additional improvements and re-issues, are the only exceptions to the rule above stated in relation to the order of examination. 26. A defective specification or drawing is amendable at any time before the patent issues. But where any substan- tial change is made by describing or representing a new invention — not included as a part of the invention originally described — a second affidavit must be made to the specifica- tion as amended, and the signature of witnesses will also be required anew. 27. When the change thus made is very considerable, the case may be placed at the foot of the list, to await its turn anew in the order of examination. 28. After a case has been examined and the claim allowed, 229 no alteration will be permitted in the character of the inven- tion without a withdrawal of the case and the filing of a new application, or (if the patent be granted) an application for a re-issue, or for an additional improvement, as the case may- require. 29. The personal attendance of the applicant, at the Patent Office is unnecessary. The business can be done by cor- respondence or by attorney. All correspondence must be addressed to the Commissioner. 30. When an application has been finally decided, the office wiU retain the original papers, furnishing the applicant copies — ^if he desires them — at the usual expense. 31. If the patent is granted, it will be transmitted to the inveWor, or to his agent, in case he has a full power of attorney authorizing him to receive it. If an assignment be made of the entire patent right, the patent wiU be sent to the assignee or to his attorney. WITHDRAWALS. 32. If, when an appUcation is rejected, the applicant re- linquishes his claim, in pursuance of the 7th section of the act of 1836, and the 12th section of the act of 1837, he must notify the Commissioner of the fact of such withdrawal, sending at the same time his receipt for two-thirds of the fee paid by him, which will be thereupon returned. The model and papers will be retained by the office. The applicant may, however, have the duplicate drawing if he desires it. 33. No money will be refunded when the withdrawal is made after an appeal has been taken to either of the judges of the Circuit Court of the District of Columbia. 34. In withdrawing an application, the following forms may be followed : To the Commissioner of Patents : SlK : I hereby withdraw my application for a patent for improvements in the cotton-gin, now in your office, and request that twenty dollars may be returned to me, agreeably to ths provision of the act of Congress authorizing such with- drawal. ELI WHITNEY. Cdbotsville, Mass., Feb. 16, 1853. 230 Received of the Treasurer of the United States, per Charles Mason, Com- missioner of Patents, twenty dollars, being the amount refiinded on with- drawing my application for a patfeht for improvements in the cotton-gin. ELI WHITNEY. Cahotsmlle, Mass., Feb. 16, 1853. 35. Particular instructions should be given by the person Ayithdrawing money' from the office as to the manner in which the money shall be paid— whether to his order at this office, or remitted by mail. 36. When caveats have been filed, withdrawals can be made the same as in other cases ; but no part of the fee will be returned to the applicant until after he has completed his application by filing his specification and model. RETAINING PATENTS IN THE SECRET ARCHIVES. 37. No application upon which a patent has been ordered to issue shall be retained in the secret archives of the office more than six months from the day on which the patent was ordered to issue. The request to have the application placed in the secret archives shall in all cases be made by the patentee, or the assignee of all the interest therein, in writing, and filed with the chief clerk, before the patent shall be recorded. APPEALS. 38. If the applicant, instead of withdrawing, chooses to persist in his claim, he must make his oath or affirmation anew. After which, he may appeal to the chief justice or to either of the associate justices of the Circuit Court of the District of Columbia. 39. The mode of appeal is by giving notice thereof to the Commissioner, filing in the Patent Office, within such time as the Commissioner shall appoint, his reasons of appeal, and paying to him the sum of twenty-five dollars. Blanks ■for the notice of appeal, the reasons of appeal, the petition, 231 and copies of the appellate judge's rules, will be forwarded on request. INTERFERENCES. 40. When each of two or more persons claims to be the first inventor of the same thing, an " interference " is declared between them, and a trial is had before the Commissioner. Nor does the fact that one of the parties has already obtained a patent prevent such an interference ; for although the Commissioner has no power to cancel a patent already- issued, he may, if he finds that another person was the prior inventor, give him also a patent, and thus place them oil an equal footing before the courts and the public. 41. Upon the declaration of an interference, a day will be fixed for closing the testimony, and a further day fixed for the hearing- of the, cause. Previous to this latter day, the arguments of counsel must be filed, if at all. 42. If either party wishes a postponement of either the day for closing the testimony or the day of hearing, he must, before the day he thus seeks to postpone is past, show by affidavit a sufficient reason for such postponement. 43. Appeals lie in all cases of interference, whoever may be the parties and whichever way the decision may be. As to remedy by bill in equity, see act of 1836, section 16. RE-ISSUES, AND ADDITIONAL IMPROVEMENTS. 44. A re-issue is granted to the original patentee, his heirs or assigns, when by reason of an insufficient or defective specification the patent is invalid, provided the error has arisen from inadvertency, accident or mistake, without any fraudulent or deceptive intention., 45. The general rule is, that whatever is really embraced in the original invention, and so described or shown that it might have been embraced in the original patent, may be the subject of a re-issue. 46. A modification of a patent so as to include an addi- 333 tional improvement is allowed in favor of the original patentee only, and may embrace any improvement made by him sub- sequent to the issuing of the patent, but none other.' 47. In each of the above cases the modified patent expires at the same time as the original patent would have done. For this reason such applications will be acted upon imme- diately after they are completed. 48. Where a re-issue is granted, the appUcant may, at his option, have separate patents issued for the several distinct parts of the thing patented, by paying the requisite additional fees, and complying with the other requirements of the law as in original applications. 49. In all cases of applications for re-issues and for ad- ditional improvements, the original claim is subject to re- examination, and may be revised and restricted in the same manner as in original applications. 50. But in all such cases, after the action of the Patent Office has been made known to the applicant, if he prefers the patent originally granted to that which will be allowed by the decision of the office, he has the privilege of abandon- ing it, and retaining the old patent. 51. The following are appropriate forms of application for re-issues and for additional improvements : STJRRENDER OF A PATENT FOR RE-ISSUE. To the Commissioner of Patents : The petition of Samuel Morey, of Philadelphia, in the County of Philadelphia, and State of Pennsylvania. Respectfully represents : That he did obtain letters patent of the United States for an improvement in the boilers of steam-engines, which letters patent are dated on the first day of March, 1835 ; that he now believes that the same is inoperative and invalid by reason of a defective specification, which defect has arisen from inadvertence and mistake. He therefore prays that he may be allowed to surrender the same, and requests that new letters patent may issue to him, for the same in- vention, for the residue of the period for which the original patent was granted, under the amended specification herewith presented, he having paid fifteen dollars into the treasury of the United States, agreeably to the requirements of the act of Congress in that case made and provided. SAMUEL MOREY. 233 por:m of oath to be appended to applications for re-issue. City and. County of Philadelphia, ) State of Pennsylvania, ) ' j On this day of , 185 , before the subscriber, a personally appeared the above named Samuel Morey, and made solemn oath (or affirmation) that he verily believes that by reason of an insufficient or de- fective specification, his aforesaid patent is not fully valid and available to him ; that the said error has arisen from inadvertency, accident, or mistake, and without any fraudulent or deceptive intention, to the best of his knowledge or .belifit (Signed,) ADDITION OF NEW IMPROVEMENTS. To tin Commissioner of Patents : The petition of James Rumsey, of the County of Berkeley, and State of Virginia, Respectfully represents : That your petitioner did obtain letters patent of the United States for an im- provement in the boilers of steam-engines, wiiich letters patent are dated on the first day of March, 1835 ; that he has since that date made certain improve- ments on his said invention, and that he is desirous of adding the subjoined ■description of his said improvements to his original letters patent, agreeably to the provisions of the act of CongVess in that case made and provided, he having paid fifteen dollars into the treasury of the United States, and otherwise com- plied with the requirements of the said act. JAMES RUMSEY. A. specification and claim should then follow substantially as in case of an original application. The oath must also be the same, except that he need not swear to citizenship, but instead thereof, should state as follows : " And that said new improvement was made by him subsequent to the date of his aforesaid patent." DISCLAIMERS. 52. Where, by inadvertence, accident, or mistake, the original patent is too broad, a disclaimer may be filed either by the original patentee or by any of his, assignees. By the English law, as well as by the act of 1836, (section 15.) if the patent were too broad it was wholly invalid. The case is now difi"erent here, but still the necessity of a dis- claimer is manifest. 30 234 53. The following is, a sufficiept form for a disclaimer : To the Commissioner of Patents : ' The petition of Sebastian Cabot, of Cabotsville, in the Coiinty of Hampden, and State of MassacJiusettS) Respectfully represents ; That he has, by assignment, duly record^ in the Patent Office, become the owner of a right for the several States of Massachusetts, Coimecticut, and Khode Island, to certain improvements in the steam-engine, for which letters patent of the United States were granted to John Doe, of Boston, in the State of Massachusetts, dated on the first day of March, 1835 ; that he has reason to believe that, through inadvertence and mistake, the claim made in the specifica- tion of said letters patent is too broad, including that of which the said patentee was not the first inventor. Your petitioner, therefore, hereby enters his dis- claimer to that part of the claim in the aforenamed specification, which is in the following words, to wit : " I also claUn the particular manlier in- which the piston of the above described engine is constructed, so as to insure the close fitting of the packing thereof to the cylinder, as set forth ; which disclaimer is to operate to the extent of the interest in said letters patent vested in your petitioner, who has paid ten dollars into the treasury of the United States, agreeably to the requirements of the act of Congress in that case made and provided." SEBASTIAN CABOT. When the disclaimer is made by the original patentee, it must, of course, be so worded as to express that fact. EXTENSIONS. 54. The power of extending a patent for seven years from the day on which it would expire, is now vested in the Com- missioner of Patents. 55. To justify the office in thus extending a patent, the two following questions must be first decided in tjie affirm- ative : 1st. Was the invention new and patentable when originally patented ? 2d. Has the patentee, without neglect or fault on his part, failed to obtain from the use and sale of his invention a reasonable remuneration for the time, ingenuity, and expense bestowed upon his invention, and the introduction thereof into use ? 56. The apphcant for an extension should file his petition and pay in the requisite fee at least three months prior to the expiration of his patent, to give time for the sixty days' notice 235 required to be given, and to allow a sufficient time to the Commissioner to examine the case fully after the expiration of those sixty days, and previous to the day on which the patent is to expire. There is no power in the Patent 'Office to renew a patent after it has once expired. 57. The applicant for an extension must furnish to the office a statement in writing, under oath, of the ascertained value of the invention, and of his receipts and expenditures. This statement should be made particular and in detail, un- less sufficient reason is set forth why such a statement cannot be furnished. This statement must be filed within thirty days after filing his petition, as contemplated in the preceding section. 58. Any person opposing the extension of a patent must file his reasons in the Patent Office at least twenty days before the day of hearing, as set forth in the notices published. He may also, at any time after the application for an exten- sion has been made, give notice to the applicant of his inten- tion to oppose the said extension. After this notice, he will be regarded as a party in the case, and be entitled to notice of the time and place of taking testimony, as well as to a list of the names and residences of witnesses whose testimony may have been previously taken. 59. The person opposing the extension will be entitled to a copy of the application, and any other papers on file, upon paying the costs of copying. 60. In contested cas^s, no testimony will be received un- less by consent, which has been taken more than thirty days previous to the day fixed for closing the testimony. 61. The notice of the apphcation for an extension will fix a dE^y for the closing of the testimony, and also a day for the hearing. The depositions and other papers relied upon as testimony must be filed in the office on or before the morning of the day next after that fixed for closing the testimony ; and the arguments (if any) must be filed within ten days thereafter, unless some other time be fixed by the office. 236 62. Applications for a postponement of the hearing must be made and supported according to the same rules as are to be observed in the case of interferences. But they will not be granted in such a manner as to cause a risk of preventing a decision in season. DESIGNS. 63. In making an application to patent a design, the same course is to be pursued as in case of an application for patenting a machine ; but in ca:se of rejection, no part of the fee is refunded. 64. Nor can a patent for a design be obtained .by any alien unless he has resided one year within the United States, and taken an oath of his intention to become a citizen thereof. 65. The following, or other equivalent forms, are proper to be observed in applications of this nature : Form of Application for Patents for Design. To the Commissioner of Patents : The petition of Benjamin West, of the City and County of Philadelphia, and State of Pennsylvania. Respectfully represents : That your petitioner has invented or produced [a new and original design for a composition in alto-relievo,] which he verily believes has not been known prior to the production thereof by your petitioner. He therefore prays that letters patent of the United States may be granted to him therefor, vesting in him and his legal representatives the exclusive right to the same, upon the terms and condition? expressed in the act of Congress in that case made and provided, he having paid fifteen dollars into the treasury, and complied with the other provisions of the said act. BENJAMIN WEST. Form of Specification. To all whom it may concern : Be it known, that I, Benjamin West, of the City of Philadelphia, in the County of Philadelphia, and State of Pennsylvania, have invented or produced a new and original design for a composition in alto-relievo, and I do hereby declare that the following is a full and exact description of the same : [Here follows a description of the design, with reference to the specimen or drawing, the specification to conclude with declaringwhat the inventor claims, in terms characteristie of the design, &c.] BENJAMIN WEST. Witnesses, Noah Weestee, Nathaniel Bowditoh. 237 , Form of Oath. CiTV AND CoU United States ; and whereas David Peacock, of Burlington, New Jersey, has agreed to purchase from me all t|ie right, title, and interest which I have, or may have, in and to the said 'invention, in consequence of the grant of letters patent therefor, and has paid"to me, the said Wood, the sum of five thousand dollars, the receipt of which is hereby acknowledged : Now this indenture witnesseth, that for and in consideration of the said sum to me paid, I have assigned and transferred, and do hereby assign and transfer, to the said David Peacock, the full and ex- clusive right to all the improvements made by me, as fully set forth and described in the specification which I have prepared and executed preparatory S41 to the obtaining of letters patent therefor. And I do hereby authorize Hnd request the Commissioner of Patents to issue the said letters patent to the said David Peacock, as the assignee pf my whole right and title thnreto, for the sole use and behoof of the said David Peacock and his legal representatives. In testimony v^hereof, I have hereunto set my hand and affixed my seal, this sixteenth day of February, 1-853. ' ' " JETHRO WOOD, [seal.] Sealed and delivered in the presence of George Glymer, 'f D.WID RiTTENHOUSK. Form of Assignment of a partial right in a Patent. Whereas I, Jethro Wood, of Scipio, in the County of Cayuga, and State of New- York, did obtain letters patent of the United States for certain improve- ments in ploughs, which letters patent bear date the first day of March, 1848 ; and whereas David Peacock, of Burlington, New Jersey, is desirous of acquiring an interest therein : Now, this indenture witnesseth, that for and in consider- ation of the sum of two thousand dollars, to nic in hand paid, the receipt of which is hereby acknowledged, I have assigned, sold, and set over, and do hereby assign, sell, and set ovpr, unto the said David Peacock, all the right, title, and interest which I have in the said invention, as secured to me by said letters patent, for, to, and in the several States of New-York, New Jersey, and Pennsylvania, and in no other place or places : the same to be held and en- joyed by the said David Peacock, for his own use and behoof, and for the use and behoof of his legal representatives, to the full end, of .the. term for which said letters patent are or may be granted, as fully and entirely as the same would have been held and enjoyed by me had this assignment and sale not been made. In testimony whereof, I hereunto set my hand and affix my seal, this six- teenth day of February, 18.'53. JETHIIO WOOD. [SE.4L.] Sealed and delivered in the presence of Jacob Perkins, Benjamin Franklin. OF THE OFFICE FEES, AND HOW PAYABLE. 86. Nearly all the fees payable to the Patent OfBce are positively required by law to be paid in advance. For the sake of uniformity and convenience, the remaining fees will be required to be paid in the same manner — that is to say, before the labor is performed for which they are to be re- ceived in payment. 87. The following is the tariff of fees estabhshed by law : On every application for a design, $15 00 On every caveat, 20 00 31 242 On every application for a patent, if made by a citizen, or a foreigner who has resided here one year, and made oath of his intention to become a citizen, . $30 00 On every application, if by a subject of Great Britain, 500 00 On every application if by any other foreigner, . 300 00 On every filing a disclaimer, 10 00 On every application, for adding new improvement, 15 00 On every application for a re-issue, .... 15 00 On every additional patent granted on a re-issue, 30 00 On every application for an extension, .... 40 00 On every appeal, 25 00 On every copy of patent, or other instrument, for every 100 words, 10 On everycopy of drawings, the cost of havingitmade. For recording every assignment of 300 words, or under, 1 00 For recording every assignment, if over 300 and not over 1,000 words, 2 00 Forrecordingeveryassignment, if over 1,000 words, 3 00 88. It is recommended that the money for the payment of fees should be deposited with an assistant treasurer, or other officer authorized to receive the same, taking his certificate and remitting the same to this office. When this cannot be done without much inconvenience, the money may be re- mitted by mail at the risk of the owner, and in every case the letter should state the exact amount enclosed. 89. In case of deposite made with the assistant treasurers, or other persons authorized to receive public moneys, a dupli- cate receipt should be taken. Stating by whom the payment was made, and for what object. The particular invention should be referred to, to enable the applicant to recover back the twenty dollars in case of the withdrawal of the petition. 243 The certificate of deposite may be made in the following form,: Office of the The Treasurer of the United States has credit at this office for dollars in specie, deposited by , of the town of , in the county of , and State of , the same being ior a patent (or whatever the object may be) for a steam-boiler. ' A. B. 90. The following officers are authorized to receive patent fees on account of the Treasurer of the United States, and to give receipts or certificates of deposite therefor, to wit : Assistant Treasurers of the United States, at Boston and New- York. Treasurer of the Mint, Philadelphia, Pennsylvania. Surveyor and Inspector, Pittsburgh, Pennsylvania. Assistant Treasurer of the United States, Charleston, South Carolina. Collectors at Baltimore, Md., Richmond, Va., Norfolk, Va., BuiFalo, N. Y., Wilmington, N. C, Savannah, Ga., and Mobile, Ala. Treasurer Branch Mint, New Orleans. Assist- ant Treasurer United States, St. Louis. Surveyors of the Customs at Nashville, Tenn. and Cincinnati, 0. Receivers of Public Moneys at Little Rock, Ark., Jeffersonville, In., Chicago, 111., and Detroit, Mich. Collector, San Francisco, Cal. Depositary, Tallahassee, Fla. Any person wishing to pay a patent or other fee may de- posite it with either of the officers above named, and forward the receipt or certificate to this office as evidence thereof. 91. All money sent by mail, either to or from the Patent Office, will be- at the risk of the owner. In no case should money be sent enclosed with models. 92. All payments to or by the office must be made in specie. But the office will endeavor, in all proper methods, to diminish the inconvenience and risk resulting from a rigid adherence to this rule. Such bills received at this office as are held equivalent to cash by the banks of this city, will be sent to a bank and ex- 244 changed' for specie, and the person sending it will be credited accordingly. Those that cannot be -.so exchanged will be returned to the owners. On the other hand, when the person to whom money is due from the office prefers a draft on New- York, and makes a special request to that effect, such draft will be procured and sent whenever it can be done without expense to the office. TAKING AND TRANSMITTING TESTIMONY. 93. In contested cases, the following rules have been estabhshed for taking and transmitting evidence : 1. That all statements, declarations, evidence, &c. shall be in writing, setting forth minutely and particularly the point or points at issue, and shall be verified by oath or affirmation. 2. That, before the deposition of a witness or witnesses be taken by either party, notice should be given to the opposite party of the time and place when and where such deposition or depositions will be taken ; so that the opposite party, either in person or by attorney, shall have full opportunity to cross-examine the witness or witnesses. And such notice shall, with proof of service of the same, be attached to the deposition or depositions, whether the party cross-examine or not ; and such notice shall be given in suf- ficient time for the appearance of the opposite party, and for the transmission of the evidence to the Patent Office before the day of hearing. 3. That all evidence, &c. shall be sealed and addressed to the Commissioner of Patents, by the persons before whom it shall be taken, and so certified thereon. 4. That the certificate of the magistrate taking the evi- dence shall be substantially in the following form, and written upon the envelope, viz : "I hereby^ certify, that the depositions of A B, C D, &c., relating to the matter of interference between E F, vai G H, were taken, sealed up, and ad- dressed to the Commissioner of Patents by me, A. B., " Justice of the Peace." 245 o. In cases of extension, where no opposition is madej eit parte testimony will be received from the applicant ; and such testimony as may have been taken by the applicant prior to notice of opposition, shall be received : Provided, The applicant shall give prompt notice to the opposing party ot parties of the names and residences of the witnesses whose testimony has been thus taken. 6. That no evidence, statement, or declaration, touching the matter at issue, will be considered upon the said day of hearing, which shall not have been taken and filed in com- pliance with these rules : Provided, That if either party shall be unable, for good and sufficient reasons, to prociire the testimony of a witness or witnesses within the stipulated time, then it shall be the duty of said party to give notice of the same to the Commissioner of Patents, accompanied by statements, under oath, of the cause of such inability, and of the steps which have been taken to procure said testimony, and of the time or times when efforts have been made to pro- cure it ; which last mentioned notice to the Commissioner shall be received by him previous to the day of hearing aforesaid. 94. The notice for taking testimony must be served by delivering to the adverse party a copy. If he is not found, such service may be made upon his agent or attorney of record, or by leaving a copy at the party's usual place of residence, with some member of the family who has arrived at the years of discretion. It must be annexed to the deposition, with a certificate, duly sworn to, stating the manner and time in which the service was made. 95. The testimony must (if either party desires it) be taken in answer to interrogatories — having the questions and an- swers committed to writing in their regular order by the magistrate, or, under his direction, by some person not in- terested in the issue, or the agent or attorney of one who is. The deposition, when complete, must be signed by the wit* ness. U6 96. The magistrate must appenfl to the deposition his cer- tificate, stating the time and place at which it was taken, the names of the witnesses, the administration of the oath, at whose request the testimony was taken, the occasion upon which it is intended to be used, the names of the adverse parties (if any,) and whether they were present. 97. No notice will be taken, at the hearing, of any merely formal or technical objection, unless it may reasonably be presumed to have wrought a substantial injury to the party raising the objection ; nor even then, unless, as soon as that party became aware of the objection, he immediately gave notice thereof to this office, and also the opposite party, in- forming him at the same time that unless corrected, he should urge his objectioil at the hearing. 98. The following forms are recommended for observance in the taking of depositions : A B, being duly sworn, doth depose and say, in answer to interrogatories proposed to him by C D, counsel for E F, as follows, viz : « 1 . Interrogatory. What is your name, your residence, and occupation? 1 . Answer. My name is A B ; I am a carpenter, and re- side in Boston, Massachusetts ; and in answer to cross-inter- rogatories proposed to him by G H, counsel for I K, as follows, viz : 1. Cross-interrogatory. (Signed,) A. B. State of New-York, )^ Rensselaer County, ) At Troy, in said county, on the day of , A. D. 18.53, before me personally appeared the above named A B, and made oath that the foregoing deposition, by him subscribed, contains the whole truth, and nothing but the truth. The said deposition is taken at the request of E F, to be used upon the hear- ing of an interference between the claims of the said E F and those of I K, before the Commissioner of Patents of the United States, at his office, on the day of next. The said I.K was duly ifotified, as appears by the original notice hereto annexed, and attended by G H, his counsel. Certified by me, L. M., Justice of the Peace. 247 The magistrate must then seal up the deposition when completed, and endorse upon the envelope a certificate, ac- cording to the form prescribed in section 93, and sign it. RULES OF CORRESPONDENCE. 99. All correspondence must be in the name of the Com- missioner of Patents ; and all letters and other communica-i tions intended for the office must be addressed to him. If addressed to any of the other officers they will not be noticed, unless it should be seen that the mistake was owing to in- advertence. 100. Where an agent has filed his power of attorney, duly executed, the correspondence will, in ordinary cases, be held with him only. A double correspondence with him and his principal, if generally allowed, would largely enhance the labor of the office. For the same reason, the assignee of the entire interest in an invention is alone entitled to hold cor- respondence with the office, to the exclusion of the inventor. If the principal becomes dissatisfied, he must revoke his power of attorney, and notify the office, which will then communicate with him. 101. All communications to and from the Commissioner upon official business are carried in the mail free of postage. AMENDMENTS. 102. All amendments of specifications or claims must be made on separate sheets of paper from the original. When amendments are required, the papers themselves are generally returned to the applicant ; but it is only to enable him to make those amendments so as to be in harmony with the context. Even when the amendment consists in striking out a portion of the specification or other paper, the same course should be observed. No erasure must be made. The papers must remain forever just as they were when filed, so that a true history of all that has been done in the case may be gathered from them. 24S 103. The following are given as specimens of the forms proper to be observed in such cases : " I hereby amend my specification by inserting the follow- ing w^ords after the word in the line of the page thereof," [here should follow the words that are to be insert- ed;] or, " I hereby amend my specification by striking out the line of the page thereof," or " by striking out the first and fourth claims appended thereto," or vvhatever may be the amendment desired by the applicant, 104. The forms of other amendments will readily suggest themselves. In each case the exact words to be struck out or inserted should be clearly described, and the precise point where any insertion is to be made. 105. Where papers are returned to the applicant for amendment, the original papers must in all cases be returned to the office for preservation, together with the' amendments. 106. In some cases am.endments will be permitted to be made by writing out the entire paper anew ; but even when this is done, the original paper must be returned and pre- served. 107. No paper will be allowed to be taken from this office unless receipted for, or unless a written request be filed by the party entitled to control the case, nor until all inter- lineations and erasures are clearly noted on the paper in such a manner as to prevent the possibility of any change being made without the certainty of immediate detection. 108. The practice which has been sometimes pursued of placing the affidavit of the applicant on one piece of paper, and the signature to the specification on another, so that both may be detached and applied to other papers, will be looked upon with suspicion, and any such substitution will be care- fully guarded against. No such specifications will be received unless attached together by a tape, both the ends of which are secured by the seal of the officer who administered the oath, or unless that officer at least has subscribed his name upon each separate 249 sheet of paper, so as to show that the specification presented is the same that was subscribed and sworn to. RULES FOE RE-CONSIDERATIONS. The following rules will be strictly observed, except when, for cause shown, in special cases a modification shall be al- lowed by the Commissioner : 109. Upon the rejection of an application for a patent for the want of novelty, the applicant will be furnished with references to the cases on which the rejection was made, with a brief explanation of the cause of rejection. If he desires a copy of the cases so referred to, or of the plates or drawings connected with them, these will all be forwarded to him on payment of the cost of making such copies. 110. If the applicant feels able to remove the objections raised by the office, he may himself, or by his agent, come before the proper examiner between two and three o'clock P. M., on any Monday, Wednesday, or Friday of the week, for the purpose of making the desired explanations, or he may forward his reasons in writing, to be laid before the examiner. 111. Should there be — notwithstanding these reasons — a second rejection, the applicant may in -person, or by his agent, or in writing, as above contemplated, bring the matter before tlie Commissioner, who will, if possible, examine the case in person ; but should he not be sufficiently at leisure, it will be referred to a board of examiners. The decision attained in either of these modes will be final, so far as the action of this office is concerned. The only remaining remedy will be by appeal in those cases allowed by law. OF GIVING OR WITHHOLDING INFORMATION. 112. Aside from the caveats, which are required by law to be kept secret, all pending applications are, as far as prac- ticable, preserved in like secrecy. No information will 33 250 therefore be given to those inquiring whether any particular patent is before the office, or whether any particular person has applied for a patent. 113. But information is given in relation to any case after a patent has issued, or after a patent has been refused, and the further prosecution of the application is abandoned. The models in such cases are so placed as to be subject to general inspection ; the specifications and drawings in any particular case can be seen by any one having particular oc- casion to examine them, and copies thereof, as well as of patents granted, will be furnished to any one willing to pay the bare expense of making them. Copies will be made on parchment at the request of an applicant, upon his paying the additional cost. 114. Even after a case is rejected, the application is re- garded as pending until after the decision of an appeal thereon, or until after the party has withdrawn the case from the further consideration of the office ; but if a party, whose application has been rejected, allows the matter to rest for two years writhout taking any further steps therein, he will be regarded as having abandoned his application, so far at least that it wiU no longer be protected by any rule of secrecy. The specification, drawings, and model, will then be sub- ject to inspection in the same manner as those of patented or withdrawn applications. 115. Information in relation to pending cases is given so far as it becomes necessary in conducting the business of the office, but no further. Thus, when an interference is declared between two pending applications, each of the contestants is entitled to a knowledge of so much of his antagonist's case as to enable him to conduct his own understandingly. And v/here the rejection of an application is founded upon another case previously rejected, but not withdrawn or aban- doned, the rejected applicant \fil\ be furnished with all information in relation to the previously rejected case which 251 IS necessary for the proper understanding and management of his own. 116. When an applicant claims a certain device, and the same device is found described but not claimed in another pending appHcation which was previously filed, information of the filing of such second application is always given to the prior applicant, with a suggestion that if he desires to claim a patent for that device, he should forthwith modify his specification accordingly. 117. But where the application which thus describes a de- vice without claiming it is subsequent in date to that wherein such device is claimed, the general rule is, that no notice of the claim in the previous application is given to the subse- quent applicant. But where there are any special reasons to doubt whether the prior applicant is really the inventor of the device claimed, or where there are any other peculiar and sufEcient reasons for departing from the rule above stated, the office reserves to itself the right of so doing without its being regarded as a departure from established rule. 118. The office cannot respond to inquiries as to the novelty of an alleged invention, in advance of an application for a patent, in manner pointed out in this pamphlet, (see section 23,) for obvious reasons ; nor to inquiries founded upon brief and imperfect descriptions propounded with a view of ascertaining whether such alleged improvements have been patented, and if so, to whom ; nor can it act as an expounder of the patent law, or as counsellor for individuals, except as to questions arising within the office. 119. All business with the office should be transacted in writing, unless, by the consent of all parties, the action of the office will be predicated exclusively on the written record. No attention will be paid to any alleged verbal promise or understanding, in relation to which there is any disagree- ment or doubt. Note. — These rules were prepared under the supervision of the present Commissioner of Patents, and may be relied upon as correct. A DIGEST OF BIPORTMT DECISIOIS W RELATIOI TO PATENTS. The exclusive right of property in the invention of, or improvements on, any new and useful art, machine, &c. is the creature of statutory law, and must be strictly regulated by its provisions. — Higgins vs. Strong et al., 4 Blackf. 182. The assignment of a patent-right is not valid, unless the assignment be re- corded in the oiEce of the Secretary of State of the United States ; and a note given to an assignee for such a right, whose assignment had not been so recorded, is invalid for the want of consideration. — Ibid. The taking of the oath required by the patent act, previous to the issuing a patent, is but a pre-requisite to the granting of a patent ; and in no degree es- sential to its validity : and if not taken, still the patent is valid. — Whittemore vs. Cutler, 1 Gallis. 0. C. R. 429. No defect or concealment in ttie specification will avoid the patent, unless it arose from an intention to deceive the public. — Ildd. The first inventor is entitled to the benefit of his invention; if he reduce it to practice, and obtain a patent therefor ; and a subsequent inventor cannot, by obtaining a patent, oust the first inventor of his right, or maintain an action against him for the use of his own invention. — Woodcock vs. Parker et al., 1 Gallis. 0. C. R. 438. If the machine for which the patent was obtained substantially existed before, and the plaintiff made an improvement only thereon, he is entitled to a patent for the improvement only, and not for the whole machine : and where, under such circumstances, the patent comprehends the whole machine, it is too broad, and therefore void. — Ibid. It is not necessary to defeat the plaintiff's patent, that a machine should pre- viously have existed in every respect similar to his own ; tor a mere change of former proportions will not entitle a party to a patent. — Ibid. If he claim a patent for the whole machine, it must, in substance, be .i new machine ; that is, it must be a new mode, method, or application of mechanism, to produce some new effect ; or to -produce an old effect in a new way. — Ilnd. If one who has invented m.erely an improvement, take out a patent for the whole machine, his patent is too broad, and utterly void. — Whittemore vs. Cuitcr, 1 Gallis. C. C. R. 478. Where a specific machine already exists, producing certain effects, if a mere addition is made to such machine, to produce the same effect in a better man- ner, a patent cannot be taken for the whole machine, bat for the improvement only.- — Ibid. In like manner, if to an old machine some new combinations be added, to produce new effects, the right to a patent is limited to the new combinations. —Ihid. A patent can, in no case, be for an effect only, but for an effect produced in a certain manner, or by a peculiar operation. For instance, no patent can be obtained for the admeasurement of time, or the expansive operations of steam ; but only for a new mode or new application of machinery to produce these ef- fects; and therefore, if new effects are produced by an old machine, in its un- altered state, no patent can be legally supported, for it is a patent for an effect only. — Ibid. 253 On the other hand, if well known eftects are produced by machinery, in all its combinations entirely new, a patent may be claimed for the whole machine. -~Ibid. So, if the principles of the machine are new, either to produce a new or an old effect, the inventor may well entitle himself to the exclusive right of the whole machine. — Ibid. By the principles of a machine, as those words are used in the statute, is not meant the original elementary principles of motion, which philosophy and sci- ence have discovered, but the modus operandi, the peculiar device or manner of producing any given effect. The expansive power of steam, and the mechanical powers of wheels, have been understood for ages; yet a machine may well em- ploy either the one or the other, and yet be so entirely new in its method of ap- applying them, as to entitle a party to his patent for his whole combination. — Ibid. It is not sufficient to give validity to a patent, that the specific machine, with all its combinations and effects, did not exist before; for if the same effects were all produced by the application of machinery in separate parts, and the party merely combined them together, or added a new effect, the combination would not sustain the patent; as the artist who added a second hand or re- peater to a watch, could not have been entitled to a patent for the whole watch. —Ibid. Nor will the patent be protected if the patentee was the inventor of all the material improvements in the old machine, if he suffered them to be used, fully and freely, by the public at large, combined with all the usual machinery ; for ia such case he must be deemed to have made a gift of them to the public. — Ibid. The original inventor of a machine is exclusively entitled to a patent for it. Mere colorable differences or slight improvements, will not affect his rights. — Odiorne vs. Winkler, 2 Gallis. C. C. R. 51. If another person invent an improvement on such machine, he can entitle himself to a patent for the improvements only, and does not thereby acquire a right to patent and use the original machine ; and if he obtain a patent tor the whole machine, and not for the improvement only, his patent is too broad, and therefore void. — Ibid. The material question in patent causes, is not whether the same elements of tnotion, or the same component parts are used, but whether the given effect ia produced substantially by the same mode of operation, and the same combina- tion of powers in both machines. Mere colorable differences or slight improve- ments, cannot shake the right of the original inventor. — Ibid. By the expression " true inventor," in the statute, is undoubtedly meant the sole and exclusive inventor : for, if the machine were the joint invention of several persons, neither of them could claim to be the true inventor, having an exclusive right to the patent ; but the interest would be a joint or common in- terest in the whole. In such a case, therefore, if a party were to obtain a patent for the invention, having sworn that he was the true inventor, he would, in the language of this act, obtain it upon "false suggestions ;" as such false sugges- tion would be a surpri.se and fraud upon the government, it might well also be declared to be -obtained " surreptitiously." — Stcarnes vs. Barrett, 1 Mason's C. C. R. 153. The law allows a party a patent for a new and useful invention : and by " useful invention," is meant, not an invention, in all cases superior to the modes now in use for the same purpose, but useful in contradistinction to frivol- ous and mischievous inventions. — Lowell vs. Lewis, 1 Mason's C. C. R. 182. The patentee must describe in his patent in what his invention consists, with reasonable certainty, otherwise it is void for ambiguity. If it be for an im- provement in an existing mac'aine, he must, in his patent, distinguish the new 254 from the old, and confine his patent to such parts only as are new ; for if both are mixed up together, and a patent is taken for the whole, it is void. — Uni. But if the invention is definitely described in the patent, so as to distinguish it from what is before known, the patent is good, although the specification doep not describe the invention in such full and exact terms, that a person skilled in the art and science of which it is a branch, would construct or make the thing invented ; unless such defective description or concealment were with intent to deceive the public. — Gray vs. Osgood, Peters' C. C. R. 394. As among inventors, he who is first in time has a prior exclusive right to the patent for the invention. — Ibid. By " useful invention," in the patent act of the United States, is meant an invention which may be applied to a beneficial use in society, in contradistinc- tion to an invention which is injurious to the morals, the health, or the good order of society. — Bedford vs. Hunt et ai, 1 Mason's C. C. R. 302 ; Kneass vs. Tlie Schuyllcill Bank, 4 Wash. C. C. R. 9. It is not necessary that the invention should be of such general utility, as to supercede all other inventions previously in practice to accomplish the same purpose, — Bedford vs. Hunf et aL, 1 Mason's C. C. R,. 303. Nor is it important that its practical utility should be very limited, for the law does not look to the degree of utility. — Ibid. A joint patent may be well for a joint invention, but not for a sole invention of one of the patentees ; if each of the patentees obtain separate patents for the same invention, as his exclusive invention, and aftei-wards both obtain a joint patent for the same as their joint invention ; they are estopped by the joint patents from asserting any title under the several patents. — Barrett et al. vs. Hall et al, 1 Mason's 0. C. R. ,447. If several patents are taken out by several patentees for a several invention, and the same patentees afterwards take out a joint patent for the same, as a joint invention, the parties are not absolutely estopped from asserting the in- vention to be joint ; but the former patents arc veiy strong evidence against a joint invention. — Ibid. A patent cannot embrace various distinct improvements or inventions, but in such case the party must take out separate patents : and if the patentee has in- vented certain improved machines, which are capable of a distinct operation, and also has invented a combination of those machines to produce a connected result, the same patent cannot at once be for the combination and for each of the improved machines ; for the inventions are as distinct as if the subjects were entirely diflirent. — Hid. If the patent be for an improved machine, or for an improvement of a ma- chine, for the meaning of the terms is substantially the same ; then the patent must state in what the improvement specifically consists, and it must be limited to such improvement. — Ibid. If, therefore, the terms be so obscure or doubtful that the court cannot say which is the particular improvement which the patentee claims, and to what it is limited, the patent is void for ambiguity ; and if it covers more than the im- provement, it is void, because it is broader than tlie invention. — Ibid. Where a combination of machinery already exists, up to a certain point, and the patentee makes an addition or an improvement to the machinery, he must confine his patent to the improvement, — Ibid. If an invention consist in a new combination of machinery, or in improve- ments upon an old machine, to produce a new eflfect, the patent should be for the combined machinery, or improvements on the old machine ; and not for a mere mode or device for producing such effects, detached from the machinery. —Ibid. An inventor cannot, under the patent laws of the United States, have two subsisting valid patents, at the same time, for the same invention. The first 255 that he obtains while it remains unrepealed, is an estoppel to any future patent for the same invention, founded upon the general patent act. — Odiorne vs. The Amesbury Nail Factory, 2 Mason's C. C. R. 28. ^ Wlicre a patentee in his specification, states and sums up the particulars of his invention, and his patent covers them, he is confined to such summary ; and he cannot afterwards be permitted to sustain his patent, by showing that some part which he claims, in his sumnung up, as his invention, though not in fact his invention, is of slight value or importance in his patent. His patent covers it ; and if it be not new, the patent must be void, — Moody vs. Fisk et al., 3 Mason's C. C. R. 112. An invention or improvement for which a patent has been obtained, must be useful within the meaning of the patent law, or the patent is void. — Langdon vs. De Groot et al, Paine's C. C. R. 203. Whether the usefulness of an invention be matter of fact to be left to the jury, or whether the court is to decide it as a matter of law 1 query — Ibid. It seems, however, that if, on the plaintiff's own showing, the invention ap- pears to be useless, and an imposition on the public, the court should so direct the jury. — Ibid. An invention of an ornamental mode of putting up thread, which gave it no additional value, but merely made it sell more readily at retail, and for a larger price, is not a useful invention within the meaning of the patent law. — Ibid. Under the patent act of February 21, 1793, ch. 156, a patent is valid, although the invention may have been in use for years anterior to the date of the patent, if the patentee was the inventor. — Goodyear vs. Mathews, Paine's C. C. R. 300. Contra, Pennock vs. Dialogue, 2 Peters, 16. A patent for an entire machine is valid, although the invention consists only of an improvement on such machine ; but the patentee is entitled to an exclu- sive use of no more than his improvement. — Ibid. The first section of the patent act of February 31, 1793, ch. 156, construed in connection with the other sections of the act, means that the invention should not be known or used as the invention of any other person than the patentee, before the application for the patent. — Morris vs. Huntington, Paine's C. C. R, 348. If the invention has got into use while the inventor was practising upon it, with a view to improve it before applying for a patent, such use does not in- validate the patent ; and the motive for the delay is a question for the jury. — Ibid. A patent for an improvement should describe the machine in use, that it may bo known in what the improvement consists. — Sullivan vs. Redfield et al., Payne's C. C. R. 441. One had patented " a new and useful improvement in the steam tow-boat," but the specification did not mention the invention as an improvement, but sim- ply described a tow-boat. Held, that the specification was broader than the patent, and therefore bad. — Ibid. The invention should be so clearly described as to enable the public to put it in use. — Ibid. The specification describes the invention as " consisting essentially in attach- ing the packet to the steamboat with ropes, chains or spars, so as to communi- cate the power of the engine for the towing vessel to the vessel taken in tow, and kept always at a convenient distance ; the manner of applying the power varying with the circumstances, in some measure." Held, bad for uncertainty. —im. To obtain a patent under the laws of the United States, the party must be the original inventor, in reference to the whole world ; it is not sufficient that he be the first inventor in the United States. — Riitgcn vs. Kanowcrs et al., 1 Wash. C, C, R, 168, 256 The court has no doubt that the assignment of an exclusive right to make and use, and to vend to others, planeing machines, within a given territory, author- izes the assignee to send elsewhere, out of the said territory, the planks, boards, and other materials, the product of the said machine. — Sampson et al. vs. Wil- son, 4 Howard, 711. One who has patented his invention, cannot take out a new patent for the same invention, until the first is surrendered, repealed, or declared void. — Morris vs. Huntington, Paine's C. 0. R,. 348. The holder of a defective patent may surrender it to the department of state, and obtain a new one, which shall have relation to the emanation of the first.- — Shaw vs. Cooper, 8 Peters, 293. A second patent granted on the surrender of a prior one, being a continuation of the first, the rights of a patentee must be ascertained by the law under which the original application was made. — Ihii. The recording within three months according to the statute, is merely di- rectory ; and any subsequent recording of an assignment will be sufficient to pass the title to the assignee, except as to intermediate bona fide purchasers, without notice. — Brooks vs. Byam, 2 Story's C. C. E,. 525. The extension of a patent may be granted to an administrator, — Waslilmrn vs. Gould, 3 Story's C. C. R. 122. THE POWERS AND DUTIES OF NOTARIES PUBLIC IN THE UNITED STATES, 3n relation to " Bills anlr J^'otea," WITH A DIGEST OF DECISIONS IN RELATION' THERETO. It is not the design of the Editor of this work, to write a treatise on the origin and history of Notaries Public, or to compile from authors whose works are within the reach of every one, a treatise on bills and notes. It is the purpose of the editor to point out only the powers and duties of the Notary, giving such plain and practi- cal rules and instructions as may be necessary to guide hira in the correct and legal discharge of his duties. It will be seen, by reference to the former portions of this work, that Notaries Public are ' authorized by law to take the proof and acknowledgment of deeds, and other instruments, for bcth the States where they reside and other States. The forms and instruc- tions, under the head of " The Acknowledgment and Proof of Deeds," are a sufficient guide on this subject, and no further no- tice need be taken of it here. We will proceed at once to take up the subject of Protests of Bills and Notes, which is the chief business of Public Notaries in this country ; giving such plain and practical rules and instructions, and furnishing such forms as the laws of the various states, or re- cognized commercial usage have sanctioned and established. It will be impossible, of course, to detail the particular Laws of each of the States, in relation to various matters connected with thr subject of Protests ; we shall therefore govern ourselves chiefly by the Laws and established usages of New-York and Massachusetts, with which the Laws and usages of the other States agree in al- most every essential particular. A 258 BILLS OF EXCHANGE. " Bills of Exchange, or Drafts, are open letters of request and order, by one person on another, to pay a sum of money therein mentioned to a third person," or to any person to whom such per- I son may by his endorsement, order it to be paid. The person who signs the request is the drawer, the person to whom it is addressed the drawee, and if he Etgrees to accept it, the acceptor. The person to whom the money is to be paid is the payee. If it is payable to the order of the payee, and he endorses it, either by writing his name on the back, or in addition thereto, directing its payment to another person, he begomes the endorser, and the person to whom he assigns it the endorsee or holder, &c. Bills are divided into foreign and inland bills ; foreign bills being those which are drawn by one person on another person living in a different State or Country. The various States of the Union are considered as "foreign" to each other, and all bills drawn by persons living in one of them on persons living in another, are " foreign bills." Inland bills are those drawn by one person on another person living in the same State or Country. A form of Bill of Exchange. $1,000. New-York, August 10, 1854. At ten days' sight, please pay to the order of A. B. & Co. one thousand dollars, value received, and place the same to the ac- count of C. D. & CO. To E. & F. Philadelphia. . No particular form is necessary. It is only~ necessary that the bill be in writing, and be a direction by one person to another, 'to pay money to a third person, " absolutely and at all events, without any condition or contingency." " It is usual to insert the words Calue received, in a bill, but they are unnecessary, and value is implied in every bill, note, accept- ance, and endorsement." A bill is negotiable if made payable to " the order " of the payee, or to " bearer." They may be assigned by endorsement directing their payment to the order of some person, or to bearer, or as is 259 frequently the case, they may be endorsed "in blank," and the blank may be filled up by the holder at any time. PRESENTMENT OF BILLS FOR ACCEPTANCE. On receivmg a bill, the payee, or any other person who be- comes the holder by transfer, should present it to the drawee, or his authorized agent, for acceptance. Thig is always advisable, and in some cases, it is necessary. When a bill is made payable within a specified time after sight, or after demand, it is necessary, in order to fix the time when it is to bo paid, to present it to the drawee for acceptance. If the bill is drawn on partners, the presentment to one is suffi- cient ; if on several persons, not partners, a presentment to all is necessary ; but if one of the drawees refuse to accept, the holder is not bound to take the acceptance of the others alone. With respect to the time when bills payable at or after sight should be presented for acceptance, the only rule is, that they be presented within a reasonable time ; and as the drawer may sus- tain a loss by the holders keeping it a great length of time, it is advisable, in ^11 cases, to present it as soon as possible. In case of a foreign bill, payable after sight, it is no lache if it is put into circulation before acceptance, and kept in circulation without ac- ceptance, as long as the conveniance of the successive holders may require. — (Chitty.) The Presentment for acceptance and for payment must be made at a proper time, and at a reasonable hour of the day. A drawer is not required to accept on the days usually set apart for religious observances, or as holidays, or Sunday, or fast days. Thanksgiving day. Fourth of July, or other general holiday. Except in the New England States, Christmas and New Years day are regarded as holidays. As to this branch of the subject, it is advisable to con- sult the laws of the various States, as a variety of usages exist in the various States. If presentment is made at the place of business, it should be within business hours ; if at the residence of the drawer, then while persons there are still. A bill should be presented for acceptance at the residence or domicil of the drawee, without regard to ihe place where it is payable. If the bill is addressed to the drawee at a place, where 260 he never lived, or if he has removed, or is not to be found, diligent enquiry should be made for him before the bill is dishonored. If the drawee or the maker of a note has removed from the State or country, a presentment to him is nnt necessary. OF ACCEPTANCES. Acceptance is an act by which the drawee evinces his consent to comply with, or be bound by the' request contained in the bill, or in other words, it is an engagement to pay the bill when due. It may be expressed by .merely writing the name of the acceptor across the face of the bill, though it is usual to write the word " accepted," and generally, the date of the acceptance. In some of the States, an acceptance may be made verhally. When a bill is presented for acceptance, the drawee is entitled, if he desire it, to twenty-four hours in which to determine whether or not he will accept, and it is usual for the holder to leave it with him for that time. In New-York and Missouri it is provided by Statute, that if the drawee refuses to return the bill within twenty-four hours after its presentment, he may be deemed to have accepted it. See also " Digest of Decisions," below. PROMISSORY NOTES. A Promissory Note is defined to be a promise or engagement in writing, to pay a specified sum of money, at a time therein limited, or on demand, or at sight, to a person therein named, or his order, or to bearer. The person who makes the note is called the maker, and the person to whom it is payable the payee and the person to whom he transfers it, the indorsee. A note is negotiable, when it is made payable to a person or his order, or to bearer. A note to be valid, must be for the payment of a fixed sum, at a fixed time. If a note is made by more than one person, it may be either a joint note, upon which the makers may be jointly liable, or it may be a several note. If it is written simply we promise, &c. it is the former, and to make it a, joint and several note, it should be written, " we jointly and severally promise," &c. 261 THE PRESENTMENT OF BILLS AND NOTES FOR PAYMENT. The contract of an acceptor and of a maker of a note, is that it shall be paid on presentment ; the contract of the endorser is, that it shall be paid if duly presented, or if not, that he will pay it if he have due notice of the dishonor. The presentment of an ac- cepted bill, or of a promissory note, should therefore be made at maturity, and at the proper time and place. The presentment for payment will not be excused by the death, insolvency, or absconding of the drawee or maker. If he be dead, ihe presentment must be to his representatives ; and if he has ab- , sconded, it must be made at his last domicil, or place of business Bills and notes payable at a certain time, must be presented on the very day they fall due ; and those not payable on a day cer- tain, but on presentment or demand, must be presented, or at least put into circulation for that purpose, within a reasonable time after they have been received. A bill or note purporting to be payable on a certain day, or at sight, or a number of days after sight, is in fact payable three days after that time. These three additional days are called days of grace, and are allowed in all the United States, except where the statutes otherwise especially provide, or a different usage exists, or where it is expressed upon the face of the bill that it is payable " without grace." In counting time, the date of the bill is excluded, and by months, calender months are understood. Days of grace are to be counted consccutivelij, without to Sun- days or holidays which may intervene between the first and third day of grace. When the last day of grace falls on Sunday, or on a holiday, the bill or note becomes due on the preceding day, or on the last business day within the days of grace. For further rules, and for decisions on this point, see Digest below. WHEN DEMAND AT A PARTICULAR PLACE IS NECESSARV. The receiver of a bill or note is understood to contract with every other party who would be entitled to bring an action on paying it, that he will present it at the proper time for acceptance, when acceptance is necessary, and to the acceptor, or, in case of a note, to the maker, for payment, when it has arrived at matu- 262 rity, and is payable ; that he will allow no extra time for payment, and will give notice in a reasonable time, and without delay, to every such person, of failure to procure acceptance or payment. Any default or neglect, in any ^of these respects, will discharge every such person from responsibility, on account of a non-accept- ance or non-payment. The holder must strictly conform with the tenor of the instru- ment, and present it for payment at that particular place ; but if he has done so, and payment is Tefused, he is not bound to make any demand upon the acceptor or maker at his dwelling-house, or at his place of business, even if he reside in the same town or city. This rule, however, holds only when upon the face of the bill it is originally made payable at a bank, or any other particular place. " But if the bill be not so originally made payable at a particular place, but the acceptor made it so payable, it is a qualified accept- ance, and if the holder has accepted of it, he did so at his own risk, and the drawer and endorsers will be discharged, unless the holder gave notice of this qualified acceptance to the antecedent parties, and had the bill protested for the non-acceptance accord- ing to the tenor of the bill, and such parties had, after notice, adopted or acquiesced in the conditional or qualified acceptance." If .a bill' or note is payable at a bank, and is at the bank on the day of payment, and if any person is there authorized to receive payment, it is sufiicient to charge the endorser : and if the banker be himself the holder, it is sufficient for him to see whether he has effects in hand, and proof that the note at maturity was in the bank and not paid, is sufficient evidence of a presentment. And in such a case, the plaintiff need not prove a non-payment ; the burden of proving a payment is on the defendant ; nor is it neces- sary, in such a case, for the holder to prove negatively that the maker had no funds in the bank. If he had funds in the bank at the time, it is matter of defence, and must he proved by the in- dorser. And, on the other hand, the endorser would be discharged if the note were not at the bank on the day of payment, although a personal demand were made on the maker. (Gillet v. Arnot, 5 Denio, 88.) Presentment for acceptance should be made to the drawee per- sonally, if possible ; but in cases of presentment for payment, it is 263 not necessary. When, upon a presentment for acceptance, the drawee is temporarily absent, and no one is authorized to answer, the holder is not bound to consider it as a refusal to accept, but may wait a reasonable time for the return of the drawee, and pre- senting the bill on the next day, will not be unreasonable. But no delay on the next day is allowable, if the acceptor or promisor is not at home on the day when the bill or note becomes due ; and if there is no one ready at the place to pay, it should be protested for non-payment. " If a bill or note is payable ore demand, or is endorsed after it is over-due, payment should be demanded within a reasonable time, in order to charge the indorser. What is reasonable time, depends on circumstances, and is a question to be decided in each par- ticular case. But such a nole or bill must not be locked up, and kept out of circulation, or the. loss of payment will fall upon the holder. If A take a bill or note payable to bearer on demand, for a pre-existing debt, and, instead of putting it into circulation, or presenting it for paymeril in a reasonable time, keep it by him, and such bill or note be afterwards dishonored, the debt will be con- sidered as extinct, and the loss will fall upon A. And it will make no difference, though the person by whom the bill or note was to be paid, had stopped payment, and woidd not have paid it if presented, unless it could also be shown that the person giving the bill or note to A knew that the person who was to pay it had stopped payment, so as to make it a fraud in him to give it to A." (Camidge v. Allenby, 6 Barn. & Cres. 373.) It was held in New-York, that a presentmen'; for payment five months after the date of the note, was unreasonable delay. In Maine, it was held, that, " where a note payable on demand is en- dorsed, and the endorser requests the endorsee ' not to call on the maker at present,' this will not justify the indorsee in not calling on the maker till after six months from the time of endorsement." But it was said in the case of Kneeland v. Hyde, (2 Hill, 429,) in New- York, " that the rule requiring a presentment within a rea- sonable time, was intended for, and is applicable to, negotiable in- struments made ybr commercial purposes only, it was not intended for cases of suretyship, or notes of a like description." In this case, the note was given for money borrowed, " with interest from 264 daie," and interest on the note was paid at the end of the yeaf , and efidorsed on the note, and payment was demanded two years after, the date of the note. The endorser was held liable. See also Digest, below. PROCEEDINGS TO BE TAKEN ON NON-ACCEPTANCE OF BILLS, AND ON NON-PAYMENT OF BILLS AND NOTES. The holder of a bill, acceptance of which has been refused, and the holder of a bill or note which has been refused payment, must take certain steps for the purpose of securing to himself the right of claiming the amount from the other parties to the instrument. In the case of a bill, the drawer and the endorsers, and in case of a note, the endorsers, are conditionally liable to pay to the holder the sum of money mentioned therein. OF PROTESTS. On the refusal of the drawee of a foreign bill to accept, or in case of a qualified or conditional acceptanee, it is the duty of the holder to have the bill protested, and notice of protest given to the drawer and endorsers, to whom he looks for payment. If he neg- lects to do this, they will not be bound to pay the bill. The same duty devolves upon the holder of a bill or note, in case of non- payment. A protest is a declaration on behalf of the holder, drawn up by an official person, against any loss to be sustained by the non- acceptance or the non-payment of a Uill. This protest is required to be made out and drawn up b}- a notary public, if there be one in or near the place where the bill is to be accepted, or is payable. If there be none, then it is sufficient, that a respectable inhabitant of the place should perform the duties of the notary, in the pres- ence of two witnesses. See also Digest, below. MANNER OF PROTESTING... "If the person to whom the bill is addressed, on presentment, will not accept it, the holder is to carry it to a person vested with a public character, who is to go to the drawee and demand accept- ance .in the same manner as before, and if he then refuse, the officer is there to make a minute on the bill itself, consisting of his initials, the month, the day, and the year. He must, afterwards, draw up 265 a solemn declaration, that the bill has been presented for accept- ance, which was refused, and that the holder intends to recover all damages which he, or the deliverer of the money to the drawer, or any other, may sustain on account of the non-acceptance [or non-payment]. The minute is, in common language, termed the noting of the bill ; the solemn declaration, the protest ; and the person whose office it is to do these acts, a public notary ; and to his protestations all foreigj:i courts give credit. In maki^ng a protest, therefore, there are three things to be done, the noting, demanding, and drawing up the protest, But the noting is un- known in the law, as distinguished from the protest; it is merely a preliminary step, and has grown into practice only in modern times. The party making the demand must have authority to receive the money ; and in case that be refused, the drawing up of protest is mere matter of form, the demand being the mate- rial part. The demand of payment of a foreign bill must be made hy the notary public himself, and not by his clerk." — Kyd on Bills. In the .United States, the noting is generally done in the office of the notary. FORM OF PROTEST USED IN" THE UNITED STATES. The form of an American protest is as follows : — [Prefix an exact copy of the bill of exchange or note, with the names of all the indorsers.] City, County, and Stale of ss. " On this day of in the year of our Lord ^olle thousand eight hundred and fifty -four, " I, Notary Public, by legal authority admitted and sworn, and dwelling in the city of at the request of the holders, [or give the names,] of the city of went with the original bill of exchange, of which the foregoing is a true copy, to the counting-house of and presented the same to the said for acceptance, when I received for answer, that the same would not be accepted [or whatever the real state of the facts may be]. B 266 " Wherefore, I, the said Notary, at the request aforesaid, have protested, and by these presents do solemnly protest against the drawer of said bill of exchange, indorser, and all others concerned therein, for exchange, re-exchange, and all costs, charges, dam- ages, and interest, suffered and sustained, or to be suffered and sustained, by reason or in consequence of the (non-acceptance) of said bill of exchange. " This done and protested in aforesaid, and my notarial seal affixed, the day and year last written. (L. S.) " Notary Public" A true copy of the bill should be prefixed to all protests, and the reasons given by the drawee for non-acceptance or non-payment, should also be stated. The time of drawing up the protest and the form of it, is according to the lnw of the place where the protest is made. In England and America, the protest is noted on the very day of the dishonor, although it may not be drawn up in form on that day. A mere noting of the bill, without an actual protest for non-acceptance or non-payment, will not suffice. A protest on part of the holder, is essential upon the dishonor of a foreign bill of exchange, in order to hold the drawer and endorsers liable ; even if he have lost or misplaced the bill of ex- change, he should still apply for acceptance thereof, and, upon refusal, protest the bill. But if the protest be prevented from being made in due time, or at all, by an inevitable accident, or by supe- rior force, or by a dangerous infectious disease, it will be a legal excuse. The want of protest is also excused by proof that the drawer (or the endorsers) requested that, in case of the dishonor of the bill, no protest should be made ; or that the drawer had no funds in the drawee's hands, and had no right to draw. So a promise to pay the bill, after a full knowledge of the fact that no protest was made, or a partial payment with such knowledge, will be a waiver of the protest. In regard to inland bills, a protest is not necessary, unless made so by the local law. Although the English law, requiring protest and notice of non-acceptance of foreign bills, has been adopted and Ibllowed as the true rule of mercantile law in the States of Massa- chusetts, Connecticut, New-York, Maryland, Virginia, North Car- 267 olina, South Caroliiia, etc. the Supreme Court of the United States have held, (see Brown v. Barry, 3 Dallas's R. 365-,) that in an ac- tion on a protest for non-payment on a foreign bill, protest for non- acceptance, or a notice of the non-acceptance, need not be shown, and that protest for non-payment is sufficient. This decision has been followed in Pennsylvania. (Kent's Comm. Lee. 44, p. 95.) But Judge Story, in his work on bills of exchange, remarks, that this would now be held law by the Court of the 'United States, only upon the ground of the local law of Pennsylvania as to bills drawn or payable there. The place of protest for non-acceptance, should be the place where the bill is to be presented for acceptance. When a bill has been accepted, demand of payment must be made when the bill falls due, which is on the third day of grace. When payment is refused absolutely, or if only part payment is made, or if the tenor of the bill is not complied with, it becomes necessary for the holder, that protest should be made, and due notice be given to the drawer and endorsers, stating the facts, ex- actly as in the case of non-acceptance of foreign bills. The place of the payment of the bill, is that where the protest is to be made, and the law of that place is to govern, as to the time and formali- ties and acts of protest. By the law of England and America, the protest should be made on the last day of grace. NOTICE OF DrSHONOR OF BILL OR NOTE. It is the duty of the holder of a bill, in case of a failure of ac- ceptance or payment, .that he give immediate notice thereof 'to the drawer, or maker and endorsers. This notice must be given within a reasonable time after the dis- honor and protest, if there be one, and due diligence must be ex- ercised for this purpose. This time is fixed by the laws of several of the states, and must, in such cases, be strictly followed. Although ,the protest nmst be made according to the law of the place ofac- ceptance and payment, as the case may be, yet notice to the drawer must be given according to the law of the place where the bill was drawn, and to the endorsers, according to the law of the place where the indorsements were respectively made. In other cases, the reasonableness of the time of notice, depends on the 268 particular circumstances of each case ; but in general, it may be said, that where there is a regular intercourse carried on between the two places, whether by post or by packet ships or steamers, sailing at stated times, the notice should be sent by the next post or ship after the dishonor and protest, if a reasonable t.ime re- mains for writing and forwarding the notice ; and where there are none but irregular communications, that which is most probably and reasonably certain and expeditious, should be resorted to. If the usual mercantile intercourse is by post or mail, that mode alone should be adopted, though others may concurrently exist. The time of transmission of notice should be marked, as it must be proved with precision. Where a witness testified that he gave notice in two or three days after the dishonor, notice in two days being in time, but notice on the third day being too late, it was held not sufficient evidence to go to the jury, and the plaintiff was non- suited, for the burden of proof of reasonable notice is on him. (2 Greenleaf's Evidence, ^ 186.) If the post or mail is the proper mode of giving notice, it need not be sent on the day of dishonor, but it should go by the next practicable post after that day, having due reference to all the cir- cumstances of the case. The same rule applies to successive en- dorsers, each one being generally entitled to at least one full day after he has received notice, before he is required to give notice to any antecedent endorser, who may be liable to him for payment of the bill or note. If the dishonor and protest be on Saturday, no- tice by the post or mail on Monday is early enough. In cases where parties to whom notice is to be given, reside in the same town, notice, verbal or otherwise, should be given on the very day of the dishonor, or at the latest, on the day following. The American rule is, that notice must be personal, or must be left at the house or place of business of the person to be notified. Decisions to this effect have been made in several states. See also Digest, below. Where parties do not reside in the same town or city, notice need not be given on the very day of the dishonor, the holder being allowed a whole day for the purpose, and it will suffice if he send the notice on the day next after the dishonor. ' 269 NOTICE BV ENDORSERS TO SUBSEQUENT ENDORSERS, &.C. An endorser, on receiving notice, is bound, if he is entitled to re-imbursement from other parties, to give notice to those parties within a reasonable time, or within the next day, and so on, for every siibseq.uent indorser. WHERE NOTICE TO BE SENT, AND TO WHOM. When there are several persons who are joint drawers or en- dorsers, but who are not partners, each is entitled to notice ; but if they are partners, notice to either or any of the partners will be sufficient ; and if any of the partners be dead, notice ought to be given to the surviving partners, and notice to the administrator or legal representative of the deceased partner alone is not suffi- cient. (Story on Bills.) If a party has changed his residence, notice must be sent to his new residence, if it can be found after due inquiry. If the resi- dence of the party cannot, after due diligence and inquiry, be found, notice will be excused. See numerous decisions on this head, in Digest, below. See Digest, also, as to " Notice by and to an Agent" Form of Notice used In New-York. New-York, 185 Please to take notice, that a drawn by for dollars, dated payable indorsed by you, is protested for and that the holders look to you for the payment thereof. Your ob't servant, Notary Public. To As to Waiver of Notice, see also Digest, below. FORMS OF I'ROTEST IN VARIOUS CASES. Ordinary form of protest for non-payment or non-aeeepfante. ' United States of America, i ^^ State of New-York, J On the day of 1 85 at the request Qf Ij a Notary Public, duly admitted and sworn, dwelling did present the original hereunto annexed, to and demanded, who refused to the same, [or state whatever is true in relation to the dishonor.] 270 Whereupon, I, the said Notary, at the request aforesaid, did protest, and by these presents do publicly and solemnly protest, as well against the drawer and endorsers of the said as against all others whom it doth or may concern, for exchange, re- exchange, and all costs, damages, and interest already incurred, and to be hereafter incurred, for want of of the same. Thus done and protested, aforesaid in the presence of John Doe and Richard Roe, witnesses. In Testimonium Veritatis. Notary Public. Certificate of service of uotiee, &c. United States of America, ) Sta'e of New- York, S ^^' I, a Notary Public, duly admitted and sworn, dwelling do hereby Certify, that on the day of 185 Notice of the Protest of the before-mentioned was served upon Form of protest by a persou resident in a place wlierc there is no Kolary, On the day of one thousand eight hundred and fifty-four, I, a substantial person, residing at at the request of the holder of a certain bill of exchange, whereof a true copy is on the other side written, did exhibit the said original [bill of exchange], of aforesaid, the person upon whom the same is drawn, and demanded [acceptance] thereof, who answered that [here state his answer and refusal]. And I, the said do hereby certify, that there is no public Notary in or near aforesaid. Wherefore, I, the said at the request aforesaid, and in the absence of, and in default of u, public Notary at this place, have protested, and by these presents do protest against the drawer of the said bill, and all other parties thereto, and all others concerned, for all exchange, re-cxchange, and all costs, damages, and interest, present and to come, fdr want of ac- ceptance thereof, in the presence of and both credible persons residing at , aforesaid. Which I attest, A. B. A housekeeper and a merchant, residing at aforesaid. DIGEST OF DECISIONS IN NEW-YORK, IN KELATION TO BILLS AND NOTES, AND THK Jntits of Itotaries |p«blic. REQUISITES. The essential qualities of a bill or note, are, that it be payable at all events, and not on a contingency, nor out of a particular fund ; and that it be for the payment of money only, and not for the peformanc^ of some other act, or in the alternative. — Cook v. Salterlce, 6 Cow. 108. A bill or note payable otherwise than to bearer, must contain the name of the payee. — Douglass v. Wilkcnson, 6 Wend. 637. But a note payable to the order of the person who should thereafter endorse it, is good. — Vnited States v. White, 2 Hill, 59. The word "month," when used in bills of exchange and promissory notes, is construed to meai) a calendar, not a lunar month. — Loring v. Hailing, 15 Johns. 120. WHAT NOTES IMPORT A CONSIDERATION, OR ARE WITHIN THE STATUTE. A note payable in York State bills or specie is negotiable within the Statute. York State bills meaning ban'k paper, which is commonly regarded as cash. — Keith V. Jones, 9 Johns. 120. A promissory note, payable " in bank notes current in the City of New- York," is a negotiable note within the Statute. — Judah v. Hams, 19 Johns. 144. A note to A, or bearer, payable .here, in bank bills current in the State of Pennsylvania, is not a negotiable note within the Statute. — Luber v. Goodrich, 5 Cow. 186. ■ So a note payable here, in Canada money, is not negotiable within the Statute. — Thompson V. Sloan, 23 Wend. 71. Due S, or bearer, S^IO, is » promissory note. — Kimball v. Huntington, 10 Wend. 675. A note payable to one or other of two persons, is not within the Statute. — Walrad v. Petrie, 4 Wend. 575. A note under seal, is not negotiable. — Clark v. The Farmers' Woolen Man- vfacluring Company, 15 Wend. 256. A certificate of deposit issued by a bank, and payable at a future day, is a promissory note. — Leavitt v. Palmer, 3 Coms, 19; Ba/tk of Orleans v. Merill, 2 Hill, 295. A written engagement to pay for value received, a certain sum of money at a certain day, out of the net proceeds of ore to be raised and sold from a certain ore-bed, is not a promissory note. — Warden v. Dodge, 4 Den. 159. A written promise to pay B, or order, a certain sum, with interest, on de- mand, but providing that no demand should be made so long as the interest is paid, is not a promissory note. — Seacard v. Burling, 5 Den. 444. Due to the bearer hereof, 3/. \Ss. \0d. which I promise to pay A B, or order, on demand, is not a note payable to bearer, but must be transferred by endorse- ment. — Cook V. Fellows, 1 Johns. 143. A note purporting to be A's only, but signed by him and others, was held to be the joint and several note of all. — Parks v. Brinckerhaff, 2 Hill, 663. 272 WHAT ARE BILLS OF EXCHANGE ! A written order or request, by one person to another, for the payment abso- lutely and at all events, of a specified sum of money, to a third person, is a bill of exchange, and the acceptance of it must be in writing. — Luff v. Pope, 5 Hill, 413, aff'd, p. r, 7, Hill, 577. A's request to B. written under A's note to another, to pay the note and hold it as a voucher, is a bill of exchange. — Leonard v. Maser, 1 Wend. 522. A written order upon A, to pay B. $100, one month after date, and to take up the drawer's note to B. for that amount, is not a bill of exchange. — Cook v. SaUerlee, 6 Cow. 108. A's order on B. for A's goods, or the proceeds thereof, in his hands, is not a bill of exchange, nor is it seems an absolute order for $500, proceeds of the goods in the hands of the drawer. — Atkins v. Manks, 1 Cow. 691. A landlord's order on his tenant to pay the rents to W. is an equitable as- signment, and not a bill of exchange. — Morton v. Naylor, 1 Hill, 583. HOW MADE OR DRAWN. CONSTKOCTION AS TO PARTIES. A person may draw, accept, or endorse, by his agent or attorney, but the agent must either sign the name of the principal, or it must appear upon its face, or by the signature in some forni, that the act is intended as the princi- pal's, or he will not be bound. — Pentz v. Stanton, 10 Wend, 271. A bill drawn and subscribed by W. in his own name, though with the addi- tion of "Agent," is his bill, and parole evidence is inadmissible to prove it the bill of any body else. — lb. Where persons sign a note, adding an olBcial description, they are prima facie individually liable, but they may plead, or prove in bar, that it was given to the holder in their official capacity, as agents, and for a debt of a corpora- tion, and a misnomer of the corporation in the descriptive addition is no answer to the defence. — Brockway v. Allen, 17 Wend. 40. A note, purporting to be a note of the President and Directors of a Corpora- tion, signed by the President, with his official addition, is not his note. — Molt V. Hicks, 1 Cow. 513. A promissory note made in the name of a Corporation, by its agents, and for its benefit, is the note of the Corporation, and valid. — lb. But the power of the agent to make such note must be shown. Benedict v. Lansing, 5 Den. W3.—McCollough v. Moss, 5 Den. 567. Two trustees of a religious Corporation, made a note in the usual form, and added to their signatures their official description, held their individual note. — Hills V. Bannister, 8 Cow. 31. ' If a note commence with "we promise," and the defendant writes the signa- ture of another to it, and puts his own initials thereunder, ho is presumptively liable, as joint maker, and will be liable as sole maker if he had not proper au- thority to sign the name of the other. — Palmer v. Stephens, 1 Den. 471. In a joint and several note, made by a firm, m a firm name, and an individual, the members of the firm are considered as one maker, and may be sued without joining the other maker. — Van Tine v. Crane, 1 Wend. 524. A note by -which F, as President of a Corporation, promises to pay, is his in- dividual note, and not the note of the Corporation. — Barker v. Mechanics' Fire Insurance Company, 3 Wend. 94. TRANSFER AND ^ENDORSEMENT I HOW MADE ; SPECIAL ENDORSEMENT. An endorsement written in pencil is sufficient, and it maybe made by figures or a mark. A person may be bound by any mark or designation he chooses to adopt, provided it be used as a substitute for his name, and he intends to bind himself. — Brown v. The Butchers' and Drovers' Bank, 6 Hill, 443. The payee put his initials on a check, and transferred it, held, a valid en- dorsement. — Merchants' Bank v. Spicer, 6 Wend. 443. 273 It seems that an endorsement hy the payer of a note not negotiable, makca him liable to his assignee as endorser, and not as guarantor. — White v. Lov, 7 Barb. 20i. A negotiable note, endorsed, payable to " A," is negotiable by his blank en- dorsement, as though payable to A, or his order. — Leauitt v. Putnctm, 1 Sand. 199, 3 Corns. 494. The payee, by adding " Agent" to his name in endorsing, disclaims respon- sibility, and is not liable to the endorsee in case of non-payment. — Mott v. Hicks, 1 Cow. 513. But adding " Surety," in no way affects the liability of an endorser, — Brad- ford, r. Corey, 5 Barb. 461. A special endorsement by the payee, declaring his ignorance of the conside- ration, and that the transfer was at the endorser's risk, does not impair the en- dorser's rights against the maker. — Russell v. Bull, 2 Johns. 50. ACCEPTANCE, HOW MADE. An acceptance by a collateral paper is good. — JWEvcrs v. Mason, 10 Johns 209. It seems that a promise to accept a bill already drawn, may amount to an ac- ceptance, but that a promise to accept a bill not in esse, will not amount to a legal acceptance, or that if it will, it is not so far assignable, that an endorser can avail himself of the promise as amounting to an acceptance, and maintain an action against the drawee. — lb. ' Where the drawee had engaged to the drawer, to accept bills drawn under certain circumstances, and the drawer made a bill which, by endorsement, came into the hands of the plaintifT, who, however, did not take it on the credit of the drawer's promise, the plaintiff" even admitting that an endorsee might avail him- self of a previous promise to accept, cannot, under these circumstances, main- tain an action on such implied acceptance. — Goodrieh v. Gordon, 15 Johns, 6. But .where a person, by writing, authorizes another to draw a bill of.exchange, and expressly stipulates to honor the bill, and a bill is afterward drawn, which is taken by a third party, on the faith of such written stipulation, it is tanta- mount to an acceptance of the bill. — Ih. A parole acceptance was good before the Statute. — Leonard v. Mason, 1 Wend. 522. A wrote to B, that he had no objection to accept for him .52,500, at three and four months, " as you propose," and C. on the faith of the letter, which was shown to him, endorsed B's bill on A , at four months from date, for S2,500, held, that A. was liable lo him as acceptor. — Greelc v. Parker, 5 Wend. 414, Aff'd. p. r. 2 Wehd. 545. A parole agreement to accept a bill to be drawn, made with the drawer, has never been held valid, in favor of an endorsee, between whom and the drawee no communicaton had passed, and who had not taken the bill on the faith of any such agreement ^Ontario Bank V. Wortkington, 12 Wend. 593. The drawee's writing his name across the face of the bill, is a good accept- ance, and it is an acceptance in writing signed by the acceptor within the meaning of the Statute.— 2 R. S. 53, ^ C ; Spear v. Pratt, 2 Hill, 582. If the drawee refuse to accept in writing his oral promise to pay amounts lo nothing, and no action will lie : and this, though the drawee had funds, and ought, in justice to the drawee, to have paid the bill. — Lvff v. Pope, 5 Hill, 413; off' dp. 7. 7 Hill, 577. " I authorize you to draw on me. at ninety days, from time to time, for such amounts as you may need, provided that the whole amount shall not exceed $2,000^" is, it seems, an unconditional promise to accept within the Statute, (2 R. S. 53, 1/ 8,) and equivalent to actual acceptance of drafts within its limilb. — The Ulster County Bank v. McFarlan, 3 Den. 553. The authority is to draw at ninety days' sight, and is not an acceptance of C 274 bills drawn at ninety days from date. The writer's acceptance, and payment of previous bills of the latter description, cannot vary the legal construction of the letter of credit. — lb. An acceptance of an order for the payment of money, must be in writing. — Quin V. Hartford, 1 Hill, 82. A parol promise to accept an order, or a parol acceptance, cannot be the ground of an action. — Pike v, Irwin, 1 Sand. 14. An order for the payment of money, though not negotiable, nor expressing any time of payment, must be accepted in writing. — Hoyt v. Lynch, 3 Sand. 328. In an action by the payee or holder against the acceptor of a bill, it is not necessary to show a demand of payment, readiness to pay at the appointed time and place is matter of defence. — Foden v. Sharp, 4 Johns. 183 ; Walcott V. Van Santfoord, 17 Johns. 248. The acceptor is liable to the endorser, without demand of payment, although he accepjted specially payable at a particular place ; but he may defeat the suit by showing that he was at the place ready to pay, according to his acceptance. — Green v. Goings, 7 Barb. 652. DEMAND OR PKESENTMENT TO CHARGE OTHER PARTIES. Where the bill is payable at sight, or at any specified number of days after sight, there is no fixed and definite rule as to the time of presentment for ac- cejitance, other than due diligence must be used. — Robinson v. Ames, 20 Johns. 146. A foreign bill, payable ninety days after sight, after it had been passed and circulated through several hands, was presented for acceptance six months after its date, and the presentment was held sufiicient under the circumstances. — Gowan v. Jackson, 20 Johns. 176. A bill payable a certain number of days after sight, must be presented in a reasonable time, or the drawer will be discharged. — Aymar v. Beers, 7 Cow. 705. When the payee being three hundred miles from the drawer, and in ill health, presented the bill in twenty-nine days from its date, it was held reason- able diligence. — lb. WHEN A BILL OR NOTE IS' TO BE DEEMED DUE, AND WHEN TO BE PRESENTED FOR PAYMENT. Where no time of payment is mentioned in a note, it is payable immediately, and interest runs from its date. — Cornell v. Moulton, 3 Den. 12. There is no precise time in which a note payable on demand is to be deemed dishonored, but it must depend upon the circumstances of the case, and the situation of the parties. — Loose v. Dunkin, 7 Johns. 70. Where the parties lived near each other, a delay of five months was held un- reasonable'. — Sill v. Cunningham, 1 Cow. 397. And a note payable on demand, negotiated eighteen months after date, is out of time. — Furman.v. Haskin, 2 Cai.369. • HOW AND BY WHOM MADE. A demand of payment of a note, by a notary or a person having a parole au- thority for that purpose, or the lawful possession of the note is sufiicient, and the notary or the person authorized, may give notice of non-payment to the en- dorser. — Bank of Utica v. Smith, 18 Johns, 230. If the notary go to the maker's house, and find it shut up, and that he is out of town, it will be a sufficient demand. — Ogden v. Cowley, 2 Johns, 274. A notary's attending at the place indicated by the bill itself, as the drawee's residence, to make a demand, and finding the place closed, and no person there to give an answer respecting the bill, was held sufficient in the case of a bill payable abroad. — De Wolfe «. Murray, 3 Sand. 166. 275 A note payable at a bank, which closed at three o'clock, was presented to the first teller by the notary, after that hour, and within the time allowed by the custom of the bank for such presentation, held sufficient. — Wolcottv. Van Sant- vnord, 17 Johns, 248. A note payable at the bank, is sufiiciently demanded, if it be placed there for collection on the day for payment. — Nichols v. Goldsmith, 7 Wend. 160. Where the acceptance was by a firm, and one of the partners died before ihe maturing of the bill, demand of the survivor, at his place of business, is suffi- cient. — Cayuga County Bank v. Hunt, 2 Hill, 635. If a note be lost, a demand of the maker is insufficient, unless indemnity bo tendered. — Smith v. Rockwell, 3 Hill, 482. The acceptor has a right to see the bill, before he determines whether he will pay it or not, and if he pays it he has a right to have it delivered to him as a voucher. — Bank of Vergennes v. Cameron, 7 Barb. 143. NOTICE OP PROTEST. The law of the place where the bill is drawn, controls as to the mode and place of notice to the drawer. — Carroll v. Upton, 2 Sand. 171. If the drawer has no effects in the hands of the drawee, though he has ac- cepted the bill, notice is unnecessary. — Cruger v. Armstrong 3 Johns, C. 5. Due presentment for payment and notice of non-payment, are conditions pre- cedent to the liability of an endorser of a promissory note. — Cayuga County Bank V. Warden, 1 Corns. 413. The prevalence of a malignant fever in the place of residence of the parties, was admitted as an excuse for not giving notice of protest for non-payment for two months. — Turmo v. Lague, 2 Johns, C. 1. A notice from a mere stranger is insufficient, but it may be given by any party to the bill, who would, on its being returned to him, have a right of action upon it. — Chanoinev. Fowler, 3 Wend, 173. The holder is bound to use due diligence to give notice of non acceptance, as well as of non-payment, to the drawer or endorser whom he intends to charge. —Griffin v. Goff, 12 Johns, 423. An endorser is entitled to due notice of non-payment from the holder of the note, though he may be informed otherwise of the fact. — Phillips v. Thompson, 2 Johns, ch. 418. The holder is not bound to give notice to any one but his immediate endorser. —Mead v. Engs. 5 Cow. 503. The second endorser of a promissory note, when called upon by the holder, to pay in default of the maker, is bound to take up the note, and give notice immediately to the first endorser, and if he fails to give such notice, as soon as he receives it from the holder, the preceding endorser is not liable to him — Morgan v. Woodworth, 3 Johns, c. 89. It seems that joint endorsers, not being partners, must all be notified to hold any of them. — Bank of Chenango v. Root, 4 Cow. 126. Where co-endoisers are not partners, notice must be given to both, to hold cither. — Willis v. Green, 5 Hill, 233. And where one is dead, notice must, it seems, be given to his personal repre- sentatives, if any. — lb. Notice by mail, directed to an endorser, the holder knowing that his will had been proven, and making no effort to discover who were the personal represen- tatives, is bad. — Cayuga County Bank v. Bennett, 5 Hill, 236. If the endorser of a note be dead at the time it becomes payable, and there are executors or administrators known to the holder, notice of non-payment must be given to them, for they represent the testator or intestate. — Merchants' Bank V. Birch's Executors, 17 Johns, 25. Verbal notice of the dishonor of a note or bill, is sufficient. — Cuyler v. Ste- vens, 4 Wend. 566. 276 / In giving notice of protest of a foreign bill, it is not necessary to serve a copy of the protest. — Copperthwaite v. Sheffield, 1 Sand. 416. The law does not prescribe any form of notice to an endorser ; all that is ne- cessary, is, that it should be sufficient to put him on inquiry, and to prepare him to pay it or defend. — Downer v. Remer, 21 Wetid. 10. If there be a variance between the note produced and the description in the notice, the question whether the defendant was misled, is for the jury. — Reedy V. Seixas, 2 John. C. 337. No precise form of words is necessary to be used in giving notice. It is .sufficient, if the language used is such as in express terms, or by necessary implication to convey notice to the endorser of the identity of the note, and that payment of it oh due presentment, has been neglected or refused by the maker. — Cayuga County Bank v. Warden, 1 Corns. 413. Where the notice misdescribes the note in some particular, it may be shown in aid of the notice that there was no other note in existence to which the de- scription contained in the notice could apply. — lb. A notice need not state that a demand of payment was made, it is sufficient to state that the note was protested for non-payment. — 10. The notice must, in terms or by necessary implication, state that the paper has been dishonored, that it has been presented for payment and payment re- filsed, or other equivalent acts. — Dole v. Gold, 5 Barb. 490. WHEN THE SERVICE SHOULD BE MADE. Notice to the endorser prior to a demand upon the maker, is a nullity. — Griffin V. Goff, 13 Johns. 422. Notice to the endorser on the third day of grace after a demand of the maker, and his default, is good. — Corp v. M'Comb, 1 Johns. C. 328. AVhere the holder and endorser of a bill of exchange both reside in the same place, proof of notice to the endorser within three days after advice of the dis- honor of the bill, is insufficient. — Bryden v. Bryden, 11 Johns. 187. Notice of the refusal to accept a bill of exchange, sent by mail the day after presentment, is sufficient. — Robinson v, Ames, 20 Johns, 146. Where the demand is on the third, notice need not be given until the fifth of July. — Cuyler V. Stevens, i Wend. 566. When the third day of grace is Sunday, notice given on Monday is good. — Howard v. Ives, 1 Hill, 263. ' The rule is the same in charging the endorser by notice from the endorsee. — Howard v. lues, 1 Hill, 263. Where notice, instead of being mailed to the party, is mailed to a mere agent to serve, he must serve it immediately, if he delay a day, the party is discharged. —Sewall V. Russell, 3 Wend. 276. The law does not require the holder to give the earliest possible notice of the dishonor, it requires only an ordinary and reasonable diligence. — Bank of United States V. Davis, 2 Hill, 451, If the parties live in diiferent jilaces, notice should be sent by the next post, that is, by the next convenient, the next practicable post. A cashier is not bound to neglect his official duties to prepare his letters and notices during banking hours. — Mead v. Engs, 5 Cow. 303. If two mails leave the same day, notice by the second is good, if the first close during business liours. — Howard v. Ives, 1 Hill, 263. ' WHERE THE SERVICE SHOULD EB MADE : SERVICE BY MAIL. Where the party resides in the same city or town, the notice must be per- sonal, or left at his dwelling-house. — Smedes v. Vtiea Bank, 20 Johns, 373. And the additional circumstance that the endorser had directed the letter carriers to leave all letters received by them for him, at a house in Frankfort Strict, at which house he himself called or sent every day, for his letters, un- 277 accompanied with proof that the notice was actually delivered there, was not held sufficient proof of notice— Ireland v. Kip, 11 Johnsi 231. In case of a temporary removal of the endorser from the place where payment is to be made, notice left at his last place of residence there will be sufficient — Stewart v. Eden, 2 Cai. 121. If the notary calls at the endorer's house, and finding it shut up, and that he had gone out of town, puts a letter into the post office, addressed to him, and informing him of the non-payment, it will be sufficient. — Ogden v. Cowley, 2 Johns, 274. Where the parlies live in the same place or village, notice through the post office is not sufficient. — Cayuga County Bank v. Bennett, 5 Hill. 236. If the party resides in' a different city or place from the holder, the notice may be sent through the post office, to the post office nearest to the party enti- tled to such notice. — Ireland v. Kip, 11 Johns, 231. A bill was drawn and dated at New- York, on persons residing there, who ac- cepted it. The drawers, in fact, resided at Petersburgh, in Virginia. The bill being protested for non-payment, on the same or next day, two letters were put in the post office, giving notice to the drawers, one directed to New-York, and the other to Norfolk, the supposed place of their residence, held, that as it did not appear that the holder knew where the drawers lived, he had used due diligence, that the notice was sufficient. — Chapman v. Lipscombe, 1 Johns, 294. A notary in making due mquiry for the residence of the endorser, in order to give him notice, was informed that he lived at G. when in fact he lived at the adjoining town of S. and the notary put a notice, directed to the endorser at G. into the post office at S. It was proved, that the endorser, though there were two post offices in S. usually received his letters through the post office at G. held, that the notice was sufficient. — Beid v. Payne, 16 Johns, 218. Where the party lives in one town, and does business in another, notice may be sent to cither. — Bank of Geneva v. Howlcll, 4 Wend. 328. Keid v. Payne, 16 Johns, 21S. Where a post office is known by two names, a notice directed to either is sufficient. — Bank of Geneva v. Howlett, 4 Wend. 328. Notice sent to the post office, where the endorser resided when the paper was discounted, the holder having no notice of a change of residence, is good, though the endorser had removed. — Bank of Utica v. Davidson, 5 Wend. 587. Whether mail service is good, depends wholly upon the question, whether the notice may be transmitted by mail, from the place of presentment or de- mand, to another post office, where the drawer or endorser usually receives his letters and papers. — Ransom v. Mack, 2 Hill, 587. Notice may be directed to the post office, where the endorser is accustomed to get his letters. If he has moved to an adjoining town, without changing his custom, notice to the office in the former town is sufficient, and that he resorts to that office, may be inferred iiaa} its pro.\imity to his new residence. — Hunt V. Fish, 4 Barb. 321. If the notary directed the notice to the endorser, at the place, where, upon inquiry, he ascertained tliat lie resided, and where tiie bill was drawn, it is at least prima facie sufficient.. — Wells v. Whitehead, 15 Wend. 527. Where the glaintifT shows a defective notice, subsequent acts of the other party cannot prove a regular notice. — Cayuga County Bank v. Bennett, 5 Hill, 236. , In making inquiry, the notary must go among business men — inquiring at the post office, or in a bar room, of persons whom he cannot remember, is in- sufficient. — Spencer v. Bank of Salina, 3 Hill, 520. If the notary inquire of persons, wlio, from their connection with the tran- saction, are likely to krlow the residence of the endorser, and are not interested to mislead the notary, and acts on information so obtained, it is due diligence. — Rawdon v. liedjield, 2 Sand. 178. 278 The notary who made theprotest, testified that he had made diligent inquiry for the drawer's place of residence, and that his reputed residence was at the place to which he sent notice, but did not state what the inquiries were — the evidence not being objected to, held sufficient to go to the jury upon the ques- tion of duo diligence. — Ibid. PROTEST OP FOREIGN BILLS, iND CERTIFICATES OF FOREIGN NOTARIES. A bill drawn in one State of the Union, and payable in another, is a foreign bill, within the meaning of the rule, which makes the notarial protest prima, facie evidendfe of presentment and dishonor. — Halliday v. McDougal, 20 Wend. 81. S. C. 22 WeTid. 264, overruling dictum in Miller v. Hackley, 5 Johns, 375. It seems that the notarial protest of a foreign bill is evidence of notick to the parties as therein set forth. Halliday v. McDougal, 20 Wend. 81. A notary's certificate that he went with the draft to the place of payment, and demanded payment, is sufficient evidence of presentment and demand. — Bank of Vergennes v. Cameron, .7 Barb. 143. It is no part of the duty uf a notary, to give notice of protest, and the certifi- cate of a foreign notary is no evidence of such notice. — Bank of Rochester v. Gray, 2 Hill, 227. It seems that the protest of such an officer, his authority being proven, would not be entitled to fiill credit, without some authentication. — Chanione v. Fowler, 3 Wend. 173. A notarial protest, executed out of the State, i.=! sealed, only when impressed upon wax, wafer, or some other tenacious substance, and seems that at com- mon law, a foreign protest must be sealed. — Bank of Rochester v. Gray, 2 Hill, 227. NOTARIAL CERTIFICATES UNDER THE STATUTE. The certificate is not admissible, where the notary, by reason of interest, would be an incompetent witness. — Herkimer County Bank v. Cox, 21 Wend. 119. The certificate of a notary, of the protest of a note made by him, when he had no interest in it, is competent evidence for him, upon his subsequently ac- quiring it. — McKnight v. Lewis, 5 Barb. 681. The act making certificates of notaries, evidence of protest and notice, ap- plies to none other than notaries of this State. — Bank of Rochester v. Gray, 2 Hill, 227. It seems to me that the Legislature intended to make the statute applicable to all notarial certificates. — Per Harris, J. Bank of Vergennes v. Cameron, 7 Barb. 143. It is no objection that the certificate was drawn up long after the protest. The statute gives it as a substitute for the notary's personal attendance at the trial, and it may be drawn up whenever it» happens to be wanted. — Cayuga County Bank v. Hunt, 2 Hill, 635. A notarial certificate, under the statute, (2 R. S. 382, ^ 55,) is not evidence of presentment for payment out of the State. — The Dutchess County Bank v. Ibbotson, 5 Den. 110 Secondary evidence cannot be received for the certificate ; if it has been lost or destroyed, proof of its contents is inadmissible. — lb. It need not state the hour of presentment or demand. — Cayuga County Bank i.. Hunt, 2 Hill, 635. De Wolfe v. Murray, 2 Sand. 166. The certificate was of the presentment of "the note of which a copy is an- nexed," at the Commercial Bank, and the copy corresponded with the note, which was payable at the Commercial Bank of Albany, held sufficient. — Onon- daga County Bank v. Bates, 3 Hill, 53. The notarial certificate, to satisfy the statute, must show a presentment for 279 payment by the notary himself. If it state that ha caused it to be presented, It is inadmissible.— TAe Onondaga County Bank v. Bates, 3 Hill, 53. Warnick V. Crane, 4 Den. 460. It is -sufficient if the notary certify, that he " deposited notice, &c. for A. B. New- York," it will be intended that the notice was directed to A. B.— Smith V. Janes, 20 Wend. 192. A certificate, stating, without qualification, that the notices were served by putting them into the post office, is sufficient, for the language imports that the notary made the service himself, or knew that it was made. And since the act of 1835, the certificate need not specify the party's reputed place of residence, and the post office nearest to it.— KetcJmm v. Barber, 4 Hill, 224. Aff'd, 7 Hill, 444. A notarial certificate, stating a due presentment of a note, non-payment, and a formal protest, and adding, that on the same day, " due notices of the fore- going protest," were put into the post office, held sufficient evidence of the due form of the notices.— T/te Seneca County Bank v. Neass, 5 Den. 329. Aff'd, 3 Corns. 442. And also that the notary deposited the notices in the post office. — Ketchuin 1'. Barber, 4 Hill, 236. The Seneca County Bank v. Neass, 5 Den. 329. The note being payable at a bank, a certificate that it was presented " to the cashier of the bank," is insufficient, but is aided by oral proof of presentment at the bank. — The Seneca County Bank v. Neass,'5 Den. 329. If the notary be dead, his original protest and certificate, under his official seal, are presumptive evidence of demand, and notice of non-payn^nt, (2 R. S. 382, 5 52, 53,) though the defendant has denied, by affidavit, the reception of notice pursuant to the act of 1833. (lb. ^ 55.) — McKnight v. Lewis, 5 Barb. 681. EVIDENCE GENERALLY. The New- York Directory was held inadmissible in evidence, to show that neither the name of the maker or endorser was inserted therein, and so prove their non-residence. — Halliday v. Martinett, 20 Johns, 168. Where the entry of a demand and notice, was made in the notary's register, by a clerk, who has gone out of the State, and cannot be found, after diligent inquiry, it is not evidence, though the notary be dead. — Wilbur v. Selden, 6 Cow. 162. A memorandum of service of notice of protest, made by a cashier, who was in the habit of attending to such business at the bank, he being dead, was held admissible. — Nichols v. Goldsmith, 7 Wend. 160. The notarial certificate made no mention of the service of notice of protest, held, that a memorandum at the foot of the draft annexed to the certificate, was no evidence of such service. — Bank of Vergennes v. Cameron, 7 Barb. 143. A memorandum of protest made on the back of a note, by a notary who died some years before the trial, was held admissible, on proof of protest. — Butler v. Wright, 2 Wend.. 369. Ajf'd, p. r. 6 Wend. 284. The memorandum of a clerk in a bank, who, in the usual course of his em- ployment, whether as such clerk, or in the retainer of.a notary, gave notice of protest at the bank, is evidence of notice of a protest, he being dead. — Sheldon V. Benham, 4 Hill, 129. If the memorandum or entry is abbreviated, it is competent for a person skilled in such matters, to tell the jury what words the entry stands for. — lb. An endorser, within three days after a draft fell due, exhibited a notice of protest, which he had that day taken from the post office, held, not sufficient evidence to charge him. — Bank of Vergennes «. Cameron, 7 Barb. 143. KF 170 Qh^ Author Vol. Gibts' Practical Forms and P re ced e nts Title Copy Date Borrower's Name