Wr^Ji ■>v^/w^ri'ui?.r;i',.i'i '■_ N. hTSf^t} ;JW^^t■^^t'' mJ^Wi i^^^uJMM. ' 'i ' I I f luumiimi if If &s'uinmiiiai iriw QJortipU ICam ^rl^nnl library Cornell University Library KF 386.A56 Manual of the la«s and courts of th^ ! J \4 Cornell University 'Js/ Library The original of tiiis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924018815278 MANUAL LAWS AND COURTS OF THE UNITED STATES, AND OF THE SEVERAL STATES AND TERRITORIES, DIRECTORY OF RELIABLE PRACTISING LAWYERS. EDITED BY HORACE (ANDREWS, A.M., OF THElf/MH' ruklTBAl!: NEW YORK ; ANDREWS, GIBSON AND BATEMAN, 55 LIBERTY STREET, 1873- iS3^7/y Entered according to Act of CongreBS in the year 1873 by Andbews, Gibson & Bateman, in tlie office of the Librarian of Congress, at Washington, D. C. CONTENTS. UWITED STATES, Laws and Courts of, &c. Alabama California Coimeotiout Delaware Florida Georgia Ulinois . . Indiana Iowa Kansas Kentucky Louisiana Maine . . Maryland Massacliussetts Michigan Minnesota Mississippi . . Missouri Nebraska Nevada . . New HampsHre New Jersey New York. . North Carolina Ohio STATES. PAGES. ,1 to 25 26 to 43 35 „ 45 46 „ 54 55 62 63 „ 70 71 „ 77 78 „ -87 88 „ 98 99 „ 108 109 „ 117 118 „ 126 127 „ 135 136 „ 146 147 „ 152 153 „ 160 161 „ 174 176 „ 183 184 „ 193 194 „ 199 200 „ 213 214 „ 221 222 „ 230 231 „ 238 239 „ 248 249 „ 266 267 „ 273 274 „ 283 Oregon . . Pfeimsylvania Bhode Island South Carolina Tennessee Texas. . Vermont Virginia West Virginia "Wisconsin . . 284 n 294 295 n 302 303 ,^ 309 310 // 315 316 ,, 324 325 n 332 333 ft 338 339 „ 348 349 // 358 359 n 368 TERRITORIES. Alaska . . Arizona Colorado Dakota District of Columbia Idaho Montana New Mexico . . Utah . . Wyoming 369 369 to 374 375 „ 379 380 „ 381 384 ,, 391 392 „ 396 397 tf 402 403 It 405 406 ft 407 407 „ 409 410 414 Directory of I^awyers. United States Dominion of Canada . . 414 443 442 Appendix 444 ERRATA. Page 11. -The letter " W " at the beginning of the eighth hne should be at the beginning of the ninth. Page 81. -Line thirteen, change principle to prindpaL i^ame page.— Line seven from bottom, change vendor to midee. PREFACE This work is designed for lawyers and business men. It aims to give . an accurate statement of the law, in all the States and Territories of the United States, upon those subjects in regard to which the lawyer or merchant, having business interests beyond the limits of his own State, most frequently finds himself in need of information. It gives also the Courts of the United States, and of the States and Territories, and a Directory of practising lawyers. The subjects treated of in the digest of laws, are, civil actions, with refer- ence to their mode of commencement, pleadings; trial, judgment and execu- tion; arrest of the person, and attachment of property for debt, showing under what circumstances and in what manner these remedies may be had ; claims against estates ot persons deceased/ deeds and mortgages, showing the requisites for their execution and their mode of acknowledgment or proof, and the rights of aliens to hold property ; depositions; exemptions of property from attachment or execution, and homesteads; interest and usury; limitation of actions; married women, their rights and liabilities ; notes, bills and protest; wills, by whom and how made ; and witnesses, showing who may and who may not give evidence in a cause. In connection with this part of the book will be found /arms of certificates of acknowledgment and proof of deeds, and instmotions and forms for taking The jurisdiotien of the Courts, both of the United States and of the States and Territories, in civil actions, is given; and the names of the judges and othei? officers of the Courts, with the terms of Court, so far as deemed ' of general intereSti The Directory of Lawyers is composed of the members and correspondents of the Merchants' Law and Collection Association, organized and having its principal office in the City of New York. It will be seen that most of tlie counties throughout the Union, as well as the Canadas, are here represented; and the fact that a name is found upon this list, will, we are confident, come to be regarded as a sufficient guaranty of the promptness and reliability of the person named. Far much of the matter contained in the book we cheerfully acknowledge our indebtedness to those gentlemen whose names are placed at the head of the digests for the several states. It is our intention, in a future edition, to add to the number of topics treated of, so that, with the exception of matters relating to crimina.1 law, the work shall contain a complete digest of the laws of all the States and Territories. HOEAOE ANDEEWS. New Toek, Februcm/ 1st, 1873. THE JUDICIAL COURTS 01? THE Prepared for this -work by HoEACB Andkews, of the New York Bar. Tirst. — THE COURTS, TlflBIR OFFICERS, AlVW CIVIL, JITRISDICTIOIV. I. Tlie Supreme Court of the United States consists of a Chief Justice and eight Associates, any six of -whom may he a quorum. The Judges are : — • Chief Justice. Native State. Appointed from. Salmon P. Chase New Hampshire Ohio. Associate Justices. Samuel Nelson New York New York. • Nathan Clifford New Hampshire Maine. Noah H. Swayne Virginia Ohio. David Davis Maryland Illinois. Samuel F. Miller Kentucky Iowa. ■ Stephen J. Field Connecticut California. William Strong Pennsylvania. Joseph P. Bradley New Jersey. Gborgb H. "Williams, Atiy. General. R. C. Pahsons, Marslial. D. W. MiDDLETQN, Cle/rk. John W. Wallack, Reporter. JurisdictiOU, (1.) Original. - Thesupreme court has exclusive jurisdic- tion of all controversies of a civil nature, where a State is a party, except between a State and its citizens'; and except also between a State and citizens of other States, or aliens, in which latter case it has original but not exclusive jurisdiction. It has also, exclusively, such jurisdiction of suits or proceedings against am- bassadors, or other public ministers, or their domestics, or domestic servants, as a court of law can exercise consistently with the law of nations ; and original, but not exclusive jurisdiction of suits by ambassadors, or other public ministers, or in which a consul or vice-consul shall be a party. The supreme court has power to issue writs of prohibition and of mandamus ; and, in common with the circuit and district courts, writs of habeas corjms, scire facias, &c. (2.) Appellate. — Final judgments and decrees may be re-examined and reversed or affirmed in the supreme court in the following cases : 1. When A UNITED STATES COURTS. rendered by a circuit court : (as ) In ciTil actions and suits in. equity, brought there by original process, or removed there from courts of the several States, or removed there by appeal or ■writ of error from a district court, -when the matter in dispute exceeds the sum or value of two thousand dollars, exclusive of costs. (J.) In civil actions brought by the United States for the enforcement of the revenue laws, or collection of duties ; and in actions, at law or in equity, in copy-right and patent cases, without regard to the sum in controversy. (c.) In cases under the bankrupt act when the matter in dispute exceeds two- thousand dollars, id.) In liabeas corpus cases. 3. When rendered by a circuit court, or a district court acting as a circuit court, in cases of equity, of admiralty, and maritime jurisdiction, and of prize and no prize, and the matter- in dispute, exclusive of costs, exceeds the sum or value of two thousand dollars. 3. When rendered by the supreme court of the District of Columbia, or of a. Territory, and the matter in dispute is of the value of one thousand dollars. 4. When rendered in the court of claims and the amount in controversy ex- ceeds three thousand dollars ; or the decision is adverse to the United States ; or affects a class of cases ; or a constitutional question is involved. 5. When rendei^d in any suit in the highest court of a State in which a decision in the suit could be had, where is drawn in question the validity of a treaty or statute of, or an authority exercised under, the United States, and the decision is against their validity; or where is drawn in question the validity of a statute of, or an authority exercised under, any State, on the ground of their being repugnant to the constitution, treaties, or laws of the United States, and the decision is in favor of their validity ; or where is drawn in question the con» struction of any clause of the constitution, or of a treaty, or statute of, or com- mission held under the United States, and the decision is against the title, right, privilege, or exemption specially set up by either party. H. The Circuit Courts are organized in nine circuits, which embrace the fifty-six districts into which the States have been divided, as follows : Wirat Circuit, composed of the districts of Maine, New Hampshire, Massachu- setts and Rhode Island. Second Oircuit, of the districts of Vermont, Connecticut and New York. Third Oircuit, of the districts of New Jersey, Delaware and Pennsylvania. Fourth Oircuit, of the districts of Maryland, Virginia, West Virginia, North. Carolina and South Carolina. Fifth Oircuit, of the districts of G-eorgia, Florida, Alabama, Mississippi, Louisiana and Texas. Sixth Oircuit, of the districts of Ohio, Michigan, Kentucky and Tennessee. Seventh Oircuit, of the districts of Indiana, Illinois and Wisconsin. Eighth Circuit, of the districts of Minnesota, Iowa, Missouri, Kansas, Arkan- sas and Nebraska. Ninth Circuit, of the districts of California, Oregon and Nevada. Each circuit court is composed of three judges — the justice of the supreme court allotted to the circuit, the oircuit judge appointed under the Act of 1869, and the judge of the district in which the circuit court is held. The court is held by either one of the three alone, or by either two together. tTNITED STATES COURTS. U (DO) ,3 -; jq bo at . 3 ' 9 S SO ,4 2FM sw^lo 00 &^ o o 00 t S . ■o S 30+3 O I* 3fii 02 rf '^ pri ^ ^ CD 3 O .3 tl ■3:21x1 Ph « CO o o o 03 .a ^ 'a A "o 1 '5° fig 00 J- © >'&'& ° ■SW,:!" O 03 >^ • d d © bo S d ^ H 03 H M H O Q M o a CS d to CD p ■a d 2 5 U 60 a o d O P o K o ft© d CO r^ dW|© Ca 1^ to "TS cd dj n j3 3 n-I ^ .fi f^o ' O S d s ^^ a ® (i> S !z;flPH M H D O id. .2 d d d;5a ■&§ 2 (goo ^t> ^|Z|!0 UNITED STATES OOIIETS. S S^ ■ ^ ih Jill : ^ ^ a 'S_"-< ni'T^OfJce __,'^ "^r-T rvi^^ 11 eh' M . ■ H d ... % t- -AS t ^ I . ^§1 i . . " .^S 1» ill's ^B^i.^^wg. mgg - ill l^'^i^^ i|«^-^ll Ki ^ ^§^ 8 e § w ' «' o ^ ■ H 3 ^ ^ w fi. . Ooca 2 3W- ij Em < S ^^b^ ^ H R- fi i_ , s fl% lii" " :2 '© 3 > 02 t 02 B -s w -*j H D 0" P m 0) 8 S5 o •« ■fl 5 5 .; '^ S ■m i cS . 1 s s ■ § 1 g 1 d « o o'S 1" 2 g c8 s '■ 11 1 oolz; *Snd c8 -2 » a .0 •§ "snS g S g ^ £ ~ © H .a P as § s^ a FStd: •a I H " P 2 P< ^ S fc © ':3 ■*J -ta ■+J o (P 'C 2 02 _ 60 bo ^ As ^ P< CD 'O g las U CD 03 -O i2i a g^ rt a-3 CD "^ SI (D 1^ O ro fH ■+= m H O O rt o -J^ -f? fS ■^'[^ .2 '1 :;^ MS „q3 S II $ 2 H ^ ° " ^- " to ©-2 g SC o g • <« S "J s 1^ «a ^ pj ,^ 53 o o3 S 'TIS - 1gl, CD Ph V -3 "■ m H^a = ¥1^13 So > S p( rt "^ ro O S hn-H H B oo J3 "2 SP-*^ ■aaats^ss ■s ".lilies _ >si ■a _s •-a s "a OS — -S "S Mr bo ■ S tx =3 oj ct d-" S "=! 2^ 2^ B"d Brri'^f't^ S fewhri • . OS o o i-^u■ S ti x!3 53 ji! O r3 .Q 1^ fi-a f^os la S S Q, WPOPHPM i; a • „• § 2 S g-S^ 3 _= *-• tj p- J3 '^ /-\ Hlfi 1^ ^ S O ra 03 s g J -c - *o s a .2 d 5 in o c 13 S .2 « S ■S i no "S ^ TO VU O .'*' .'" "** 'W UNITED STATES COURTS. ■sad I'Sj . . iw: bo 9 ° ffi« a s g a ^FM 1) 'X) ■ . ;^ ,c5 a "^ 1-1 P B ii P <1 M o pq i s g i II 1 .. _ ^' o <1 W'^.a'^3 b'3'-i-. -^^ .3 '^ 4 .8 '^ ^a^^^s (>i 1 ^^ l-jpH ?3 • t 0Mm 6 .a S ,Q ■ CQ C aj H -s ddf4o444W . „ - _ § I"- "J J I - ST |l§ 8 UXITED STATES COURTS.. Jurisdiction. — The district courts have exclusive original cognizance of civil causes of admiralty and maritime jurisdiction, and of suits for penalties and forfeitures incurred under the laws of the United States ; and, exclusively of the State courts, of suits against consuls or vice-consuls. They also have' jurisdiction of suits hy and against national banking associations -within their districts ; and of bankruptcy proceedings,, and suits relating to the estate. IV. The COHl't of Claims. — This court is composed of a chief-justice and four associate' judges. They are: Chief Justice : ClIAKLBS D. Dkake. Associate Judges : EdWAED Gr. LOMNG. CHARLES C. NOTT. Ebenezbr Peck. Samuei. Miiugan. Samuel H. Huntington, Clerk. Jnrisdictioil. — This court has jurisdiction to hear and determine claims against the government, founded upon any law of Congress, or upon any regu- lation of an executive department, or upon anj' contract, express or implied with the government of the United States. Proceeding's in the court of claims are by petition, verified, and must be taken within six years after the claim accrues, except in cases of disability and then, within three years after the disability ceases. Claims pending in any other court cannot be prosecuted in this court until the other suit is with- drawn. Claimants may be examined at the instance of the United States, but otherwise, plaintiffs or claimants, or those under whom they derive title, and any other persons interested in the claim, are not competent witnesses. V. The SMprcine Court of tiie District of Columbia is composed of a chief justice and four associates. They are D. K. Cartter, Chief Jtistiee ; A. B. Olin, Andrew Wylie, D. C. Humphreys and Arthur McArthur, Associate Justices. Jurisdiction. — It has the same jurisdiction, within the district, which the circuit courts have in their circuits ; and has also jurisdiction in all cases in law and eqviity, where either party resides or is found within the district ;. or where attachments may issue against property, within the district, of persons not answerable to the process of the court ; and in bankruptcy, where the bank- rupt resides in the district. Appeals lie to this court from judgments of- justices of the peace. It has power to issue writs of mandamus to ministerial ofBcers. VI. The Teri'itorial Courts, in each Territory, consist of a supreme court, district courts, probate courts, and courts of justices of the pQaoe. The supreme court is composed of a chief justice and two associate justiceSL UNITED STATES COURTS. 9 !Each Territory is divided into three judicial districts, and the district courts are' held by one of the justices of the supreme court. The supreme court has jurisdiction in bankrupt cases, where the bankrupt resides in the Territory; and the supreme and district courts, respectively, possess chancery, as ■well as common law jurisdiction. The final decisions of the district courts are reviewable, in all oases, by the supreme court of the Territory. The jurisdiction of the justices of the peace is in general limited to claims not exceeding one hundred dollars, and not involving the title to land. For more particular information in relation to these courts, and for the names of the judges, &o., see the several Territories, post. SECONB.— Terms of tlic Courts of the United States. I. TIlC Supreme Court. There is but one session of this court, com- mencing the first Monday of December. II. The Circuit Courts. The circuit courts, as courts of equity, are always open for the purpose of filing pleadings, issuing and returning process and commissions, and for interlocutory proceedings. It is the duty of the chief justice, and of each justice of the suprem.e court, to attend at least one term of the circuit court in each district of his circuit, during every period of two years. The times and places fixed by statute for holding the circuit courts are as follows : Ji'irsi ctVctj«<.— District of Maine, Portland, AprU 23 and September 33. " " New Hampshire, Portsmouth, May 8 and Oct. 8. " " Massachusetts, Boston, May 15 and Oct. 15. " " Rhode Island, Providence, June 15 and Nov. 15. Seroiid circuit. " " Vermont, Burlington, 4th Tues. of Feb. " " " Windsor, 4th •' " July. " " Rutland, 1st day of Oct. « " " Conneoticjut, New Haven, 4th Tues. of April. " " Hartford, 3rd " " Sept. N. Dist. of New Tork, Canandaigua, 3rd " " June. Albany, 3nd " " Oct. " " " " 3rd " " Jany. " " " XJtica, 3rd " " March. S, Dist. " " i New Tork, Ist Mon. of April. " " " " 3rd " " Oct. " " " " last " " Feby. E. Dist. " " Brooklyn, 1st Wed. of each month. r/a'rfJciVcttii.—E. Dist. of Pennsylvania, Philadelphia, IstMon. Apl. and Oct. \V. " " Erie, 3nd " Jany. and July. " " " Pittsburgh, 3nd " May and Nov. " " " WilliamBport, 3rd " June and Sept. " New Jersey, Trenton, 4th Tues. March and Sept. " Delaware, Wilmington, 3rd Tues. June and Oct. 10 UKITED STATES COURTS. Fourth circuit. — District of Maryland, Baltimore, Ist Men. Apl. and Not. E. Dist. of Virginia, Eiohmond, 1st Mon. Apl. and Oct. " " " Alexandria, 1st " Jan. and July. " " " Norfolk, Ist " May and Nov. W. Dist. " Danville, 1st " March and Sept. " " " Lynohburgli, 3nd ' Marct and Sept. " " " Abingdon, 3rd " March and Sept. " " " Harrisonburg, "Wed. after 4th Mon. in Mch. and Sept. " West Virginia, Perkersburg, Ist Mon. in Aug. " North Carolina, Baleigh, 1st Mon. in June and last Mon. in Nov. " South Carolina, Charleston, 1st Mon. in Apl. " " Columbia, 4th " Nov. Fifth circuit.—'N. Dist. Georgia, Atlanta, 2nd Mon. in Mch. and Sept. S. Dist. " Savannah, 3nd Mon. in Apl., and Thurs. after 1st Mon. in Nov. N. Dist. of Florida, Tallahassee, 1st Mon. in Feby. . " " " Pensacola, 1st " Mch. " " " Jacksonville, 1st " Dec. S. Dist. " " Key West, 1st " May and Nov. Dist. of Alabama, Mobile, 2nd Mon. in Apl., and 4th Mon. in Dec. " Alabama, Huntsville, 3rd Mon. in May and Nov. '' Mississippi, Jackson, 1st " May and Nov. " Louisiana, New Orleans, 4th Mon. in Apl. and 1st in Nov. E. Dist. of Texas, Brownsville, 1st Mon. in Mch. and Oct. " " Galveston, 1st' " May and Dec. ' W. Dist. " Austin, 1st " Jan. and June. " " Tyfer, 4th Mon. in Apl. and 1st Mon. in Nov. Sixth circuit. — N. Dist. of Ohio, Cleveland, 1st Tues. in Jan., May and Sept. S. " " Cincinnati, 1st " Feb. Apl. and Oct. E. " Michigan, Detroit, 1st Tues. in Mch., June and Nov. W. " " Grand Rapids, 3d Mon. in May and Oct. " Kentucky, Louisville, 3rd Mon. in Feb. and May, and 1st Mon. in Oct. " Kentucky, Paducah, 3rd Mon. in Mch. and 1st Mon. in Nov. " Kentucky, Covington, 3rd Mon. in Apl. and 1st Mon. in Dec. E. " Tennessee, Knoxville, 2nd Mon. in Jan. and July. Middle" " Nashville, 3rd " Apl. and Oct. W. " " Memphis, 4th " May and Nov. UNITED STATES COURTS. 11 Beventh circuit. — Dist. of Indiana, Indianapolis, lat Tues. in May and Nov. " " New Albany, 1st Mon. in Jan. and July. " " Evansville, 1st " Teby and Aug. N. " lUinois, Chicago, Ist Mon. in Mch., May, July and Oct., and 3rd Mon. in Dec. S. " Illinois, Springfield, 1st Mon. in Jan. and June. E. " Wisconsin, Oshkosh, 1st Mon. in July. W. " " Milwaukee, 1st Mon. in Jan. and Oct. " " " Madison, .1st " June. " " " La Crosse, 1st " Sept. Bighfli clmiit. — Dist. of Minnesota, St. Paul, 3rd Mon. in June and Oct. ." Iowa, Des Moines, 3nd Tues. in May and 3rd Tues- in Oct. Missouri, St. Louis, 1st Mon. in Apl. and Oct. " Kansas, Topeka, 4th Mon. in May and Nov. E. " Arkansas, Little Eock, 2nd Mon. in Apl. and Oct. W. " " Port Smith, 2nd " May and Nov. " " " Helena, 2nd Mon. in Mch. and Sept. " Nebraska, Omaha, 1st Mon. in May and Nov. . Ninth cig-cuit. — Dist. of California, San Francisco, 1st Mpn. in Eeb. and Oct and 2nd Mon. in June. " Oregon, Portland, 1st Mon. in Jan., May and Sept. ^ " Nevada, Carson City, 1st Mon. in Mch., Aug. and Dec. III. The District Courts. — As Courts of Admiralty, they are deemed to be always open for issuing process, filing pleadings, &c. The times and places fixed by Statute for holding these Courts are as follows : Alabama, Northern District, Huntsville, 3rd Mon. May and Nov. Middle " Montgomery, 4th Mon. May and Nov. Southern " Mobile, 4th Mon. April and 2nd Mon. after 4th Mon. Nov. Arkansas, Eastern District, Little Rock, 1st Mon. April and Oct. Western " Fort Smith, 2nd Mon. May and Nov. Helena, 2nd Mon. March and Sept. California, San Francisco, Ist Mon. April, 2nd Mon. Aug., 1st Mon. Dec. Connecticut, New Haven, 4th Tues. in Feb and Aug. Hartford, 4th Tues. May and Nov. Delaware, Wilmington, 2nd Tuee. Jan., Apr., June and Sept. Florida, Northern District, Tallahassee, Ist Mon. Feb. Fensacola, let Mon. March. Jacksonville, 1st Mon. Dec. Southern District, Key West, 1st Mon. May and Nov. 12 UNITED STATES COURTS. Georgia, Northern District, Atlanta, 3nd Men. March and Sept. Southern " Savannah, 2nd Tues. Feb., May, Aug. and Nov. Illinois, Northern District, Chicago, 1st Mon. March, May, July, Ocl, and 3rd Mod. in Dec. Southern District, Springfield, 1st Mon. Jan. and June. Indiana, Indianapolis, 1st Tues. May and Nov. New Albany, 1st Mon. Jan. and July. Evansville, 1st Mon; Feb. and Aug. Iowa, Keokuk, 3rd Tues. March and Sept. Dubuque, 3rd Tues. April and Nov. Des Moines, 2nd Tues. Ma^ and 3rd Tues. Oct. Kansas, Topeka, 2nd Mon. April and Oct. Kentucky, Louisville, 3rd Mon. Feb. and May, and 1st Mon. Oct. Paducah, 3rd Mon. March, and 1st Mon. Nov. Covington, 3rd Mon. April, and 1st Mon. Dec. Louisiana, New Orleans, 3rd Man. Feb., Maj"- and Nov. Maine, Portland, 1st Tues. Feb. and Dec. • Bangor, 4th Tues. in June. Bath, 1st Tues. in Sept. Maryland, Baltimore, 1st Tues. March, June, Sept. and Dec. Massachusetts, Boston, 3rd Tues. March, 4 Tues. June, 2nd Tues. Sept., and 1st Tues. Dec. Michigan, Eastern District, Detroit, 1st Tues. March, June and Nov. Western " Grand Rapids, 3rd Mon. May and Oct. Minnesota, Winona, 1st Mon. June. St. Paul, 1st Mon. Oct. Mississippi, Northern District, Oxford, Ist Mon. June and Dec. Southern " Jackson, 4th Mon. Jan. and June. Missouri, Eastern District, St. Louis, Ord Mon. Feb., May and Nov. Western " Jefferson, 1st Mon. March and Sept. Nebraska, Omaha, 1st Mon. May and Nov. Nevada, Carson City, 1st Mon. Feb., May and Oct. New Hampshire, Exeter, Brd Tues. June and Dec. Portsmouth, 3rd Tues. March and Sept. New Jersey, Trenton, 3rd Tues. Jan., April, June and Sept. UNITED STATES COHBTS. 13 New York, Northern District, Albany, 3rd Tues. Jan. TJtioa, 3rd Tues. March. Rochester, 3nd Tues. May. Buffalo, 3rd Tues. Aug. Auburn, 3rd Tues. Nov. Southern District, New York, 1st Tues. in each month Eastern " ■ Brooklyn, 1st Wed. in each month. North Carolina, Eastern District, Elizabeth City, 3rd Mon. April and Oct. New Berne, 4th Mon. April and Oct. Wilmington, 1st Mon. after 4th Mon. in April and Oct. Ohio, Northern District, Cleveland, 1st Tues. Jan., May and Sept. Southern " Cincinnati, Ist Tues. Feb., April and Oct. Oregon, Portland, 1st Mon. March, July and Nov. Pennsylvania, Eastern District, Philadelphia, 3rd Mon. Eeb., May, Aug. and Nov. Western " Erie, 2nd Mon. Jan. and 3rd Mon. July. Pittsbtirg, 1st Mon. May and 3rd Mon. Oct. Williamsport, 3rd Jlon. June and 1st Mon. Oct. Rhode Island; Newport, 2nd Tues. May and 3rd Tues. Oct. Providence, 1st Tues. Feb. and Aug. South Carolina, Charleston, Ist Mon. Jan., May, July and Oct. Greenville, Ist Mon. Aug. Tennessee, Eastern District, Knoxville, 2nd Mon. Jan. and July. Middle " Nashville, 3rd Mon. April and Oct. Western " Memphis, 4th Mon. May and Nov. Te.tas, Eastern District, Brownsville, 1st Mon. March and Oct. Galveston, ] st Mon. May and Dec. Western " Austin, lat Mon. Jan. and June. Tyler, 4th Mon. April and 1st Mon. Nov. Vermont, Rutland, Oct. 1st. Windsor, Mon. next after 4th Tues. in July. Burlington, 4th Tues. Feb. Virginia, Eastern District, Richmond, 1st Mon. April and Oct. Alexandria, 1st Mon. Jan. and July. Norfolk, 1st Mon. May and Nov. Western District, Danville, 1st Mon. March and Sept. Lynchburg, 2nd Mon. March and Sept. Abingdon, 3rd " Harrisonburg, Wed. after 4th Mon. in March and Sept. West Virginia, Clarksburg, March 24th ^ud Aug. 24th. Wheeling, April 6th and Sept 6th. Charleston, April 19th and Sept. 19th. 14 UNITED STATES COURTS. Wisconsin, Eastern District, Oslikosh, 1st Mon. July. Milwaukee, 1st Mon. Jan. and Oct. Western District, Madison, 1st Mon. June La Crosse, 1st Mon. Sept. IV. The Court of Claims. — Washington, lat Mon. in Dec. V. The Supreme Court of the District of Columbia. — Washington, Gireuit Court, 4th Mon. in January, 8nd in May and 3rd in Oct. ; District Gourt, 1st Mon. in June and Dec. VI. The Territorial Courts. — For the times and places of holding these Courts, see under the Territories. Third.— Proceedings in the Courts of the United States. (For proceedings in the Court of Claims, see ante, p. 8.) Practice. — By Act approved June 1, 1873, it is declared that the practice, pleadings, and forms and modes of proceeding in other than equity and admiralty causes in the circuit and district courts of the United States, shall conform, as near as may be, to the practice, pleadings, and forms and modes of proceeding existing at the time in like causes in the courts of record of the State ■within which such circuit or district courts are held, any rule of court to the contrary notwithstanding : Provided, that nothing therein contained shall; alter the rules of eyidence under the laws of the United States, and as practiced in the courts thereof. It is further declared, by the same act, that in the com- mon-law causes in the circuit and district courts of the United States the plaintiff shall be entitled to similar remedies, by attachment or other process against the property of the defendant, which are now provided for by the laws of the State in which such court is held, applicable to the courts of such State ; and such circuit or district courts may, from time to time, by general rules, adopt such State laws as may be in force in the State in relation to attach- ments and other process ; and the party recovering judgment in such cause shall be entitled to similar remedies upon the same, by execution or otherwise, to reach the property of the judgment debtor as are now provided by the laws of the State within which said circuit or district courts shall be held in like causes, or which shall be adopted by rules as aforesaid : Provided, that similar preliminary affidavits or proofs, and similar security as required by such laws, shall be first furnished by the party seeking such attachment or other remedy. Note. — This statute is so recent that its scope and operation are not yet judicially determined. The remaining subdivisions of this article, relatino- to proceedings in courts' of the United States, contain the law as it stood before the passage of the Act of June 1st, 1872, which must be read in connection with them. Parties.— In actions at law. the legal interest alone is, in general, regarded. When the citizenship of the parties gives jurisdiction, and the legal ri^ht to sue is in the plaintiif, any other persons who may have an equitable interest in the claim are not necessary parties, and their residence will not be inquired UNITED STATES COURTS. 15 into. In suits in equity and admiralty, the general rule is, that all persons who have any material interest in the subject matter of the litigation should - be joined as parties, either as complainants or defendants. Where there are several plaintiffs or defendants, each individual, as plaintiff or defendant, must have a right to bring his suit, or be liable to the process of the court, to enable the court to take jurisdiction in the case. And, in a suit commenced in a State court, and removed to a circuit court, under the judiciary act, all the plaintiffs must be citizens of the State where the suit is brought, and all the defendants citizens of some other State or States. In equity, where the parties interested are numerous, and the suit is for an object common to them all, some of the body may maintain a biU'on behalf of themselves and of the others ; and a bill may also be maintained against a portion of a numerous body of defendants,, representing a common interest. In actions to recover a penalty or forfeiture, unless the statute which creates it confers permission to an individual to sue, the United States is the proper party. The assignee of a chose in action must sue, at law, in the name of the assignor, except where the assignee is authorized to sue in his own name by the custom of merchants. In the case of an instrument not negotiable, the assignee cannot maintain an action in a, district or circuit court upon it, unless a suit might have been prosecuted in. such court by his assignor. Process. — The process for the commencement of actions, in the law courts of the United States, against individuals, is, generally, the capias ad respond- endum, and against corporations, the summons. In all cases the process issues from the court in which the suit is instituted, under the seal of the court and signature of the clerk. It runs in the name of the President of the United States. It should be directed to the marshal of the district by his of&cial designation. If issued from the supreme or a circuit court, it is tested in the name of the chief justice of the supreme court; if from a district court, Ie the name of a judge of such court. It should be made returnable before the judge or judges of the court, giving its proper designation, apd at the place where the court is to be held, designating the building, if any has been indicated by law. In equity, the ordinary process is subpana. In admiralty the process issues after the libel has been filed. In suits in personam the mesne process is either a simple warrant of arrest, in the nature of a capiat, or a warrant of arrest of the person of the defendant, with a clause therein if he cannot be found, to attach his goods and chattels, or if they can- not be found, his credits and effects in the hands of his garnishees. In cases of seizures, and in other suits and proceedings in rem, the usual pj'ocess is a warrant of arrest of the ship, goods or other thing to be arrested. Service of process is made by the marshal, or by his deputy, general or special, or by a person appointed by the court for that purpose. Service must be in the district where the process is issued, and where the defendant is an inhabitant, or is found at the time of service. A corporation can be served only within the State by whose laws it is created. 16 UNITED STATES COURTS. The pleadings in legal actions are, in general, according to tlie rules of the oommon law ", in equity, according to the practice in chancery ; and in admiralty, according to the principles and usages of the English admiralty. Arrest. — The right to hold the defendant to bail is determined by the State law ; but in admiralty is regulated by the admiralty rules of the supreme court. KeuBOval of causes from State to Federal Courts.— Causes commenced in a State court, may, upon, application to such State court, be re- moTed to a court of the United States, in the following cases, among others, I. Under the judicia/ry act. 1. By an alien defendant, if the matter in dispute exceed five hundred dollars. 2. By a citizen of a State sued in a State court of which he is not and the plaintiff is a citizen, if the amount exceeds five hundred dollars. 3. By defendant in a cause involving a claim of title to land exceeding five hundred dollars in value, arising under a grant from any State other than that in which the suit is pending. II. Under other acts. 4. By an alien de- fendant joined with a citizen of the State in which the suit ia brought, if the suit is to restrain or enjoin the alien, or if there can be a final determination of the controversy as to him without the other defendant, and the matter in dispute exceeds five hundred doUara. 5. In the first two cases named above, if there ia a co-defendant who ia a citizen of the plaintiff's State, and the suit, so far as re- lates to the foreign defendant, is brought to restrain or enjoin him, or if there can be a final determination of the controversy as to him without the other de- fendant. 6. By either party to a suit between a citizen of a State in which the suit ia brought and a citizen of another State, where the amount exceeds five hundred dollars, and from prejudice or local influence such party will not be able to obtain justice in the State court. 7. By any national corporation other than a bank sued in a State court, if the defense turns on the constitution, laws or treaties of the United States. 8. By persons sued on account of acts under the revenue laws. In the three cases first above enumerated, the application for removal must be made at the time of the defendant's entering appearance ; in the other cases it may be made at any time before trial. ' Suits may also be removed from a district to a circuit court, and from one circuit court to another, when the judge of the court where the action is brought has an interest, or has been of counsel, or is so related to either jjarty as to ren- der it improper for him to ait on the trial of the action. Limitation of Actions.— AVhere the juriadiotion of the United Statea courts arises from the character or citizenship of parties, those courts recognize, adopt and'S.pply the statutes of limitation of the several States. The law of the forum and not that of the place of contract, governs. Witnesses.— The laws of 'the United States declare that no person shall be excluded in civil actions on account of color, or because he is a party or in- terested in the action, from being a witness ; and that in actions by or against executors, administrators or guardians, in which judgment may be rendered for or against them, neither party shall be allowed to testify for or against the "UNITED STATES COTJETS, 17 other as to any tranBaotion with, or statement by, the testator, intestate or ward, unless called to testify thereto by the opposite party, or required to testify thereto by the court. Subject to these laws, the general rule is, that the laws of the State iu which the court shall be held, shall be the rules of decision as to the competency of witnesses in the courts of the United States. Judgments of the United States courts are a lien upon the real property of the defendant within the district in which they are rendered. The duration of the lieu depends on the State law. ^execution. - Writs of execution, and the proceedings thereon, are the same, except in their style, as in the respective States. The franchise of a corporation cannot be sold on execution, nor their lands or works essential to the exercise of their franchise, unless such sale is authorized by the statutes of the State. A copy-right or patent-right cannot be sold on execution. They may be reached by a creditor's biU. Xricll. — In suits at common law, where the value in controversy exceeds twenty dollars, the right of trial by jury is preserved. This includes cases of admiralty and maritime jurisdiction. In equity and admiralty causes, trial by reference to a master or commissioner, according to the usual equity practice, is common. And, when the parties consent, the entire issues in the suit may be submitted to a referee for determination. Issues of fact in civil cases in a cir- cuit court may be tried by the court, if the parties file a stipulation in writing with the clerk, waiving a jury. The trial of issues of fact in the'supreme court, in all actions at law against citizens of the United States, mugt be by jury. Appeals. — If the judgment or decree to be reviewed was rendered in a cause of equity, admiralty, maritime or prize jurisdiction, the mode of review is by appeal ; if of legal cognizance, the review is by writ of error. But judg- ments or decrees of State courts, whether legal or equitable, are reviewable on writ of error. SSepositions.— 1. Any court of the United States may grant a dedimus potestatem to take depositions, according to the common usage in the State courts, de bene esse, or in perpetuam rei memoriam. In taking such depositions the laws of the State must be followed as to 'the course of the proceeding, thf notice to be given, filing the depositions, &c. 3. Under the judiciary act of 1789, depositions- tZe bene esse in causes pending in a district or circuit court of the United States may be taken as follows : When the testimony of any person shall be necessary who shall live at a greater distance than one hundred miles from the place of trial, or is bound on a voyage to sea, or is about to go out of the United States, or out of the district, and to a greater distance than one hundred mUes from the place of trial, before the time of trial, or is ancient or very infirm, the deposition may be taken before any justice or judge of any of the courts of the United States, or before any chancellor, justice or judge of a supreme or superior court, mayor or chief magis- trate of a city ; or judge of a county court or court of common pleas of any of 2 18 UNITED STATES COUBTS. the states, not being of counsel or attorney to either of the parties, or interested in the event of the cause. A notification from the magistrate, before whom the deposition is to be taken, to the adverse parly to be present at the taking of the same, and to put interrogatories, if he think fit, must first he made out and served on the adverse party or his attorney as either may be nearest, if eitheris within one hundred miles of the place of such caption, allowing time for their attendance after being notified, not less than one day, Sundays excluded, for every twenty miles travel. In causes of admiralty and maritime jurisdiction, or other cases of seizure when a libel shall be filed, in which an adverse party is not named or has not appeared, the Kke notification shall be given to the person having the agency or possession of the property. The person so deposing must be carefully examined and cautioned, and sworn or afiirmed to testify the whole truth, and must subscribe his testimony, which mu st be reduced to writing by the magistrate, or by the deponent in his presence. The deposition must be retained by the magistrate until he deliver it with his own hand into the court for which it was taken ; or seal it up, with a certificate of the reasons of its being taken, and of the notice given to the adverse party, and direct it to said court. Any person may be compelled to appear and depose, in the same manner as to appear and depose in court. Dediznus Potcstatem ; or Commission in a Cause. THE PRESIDENT OF THK UNITED STATES OF AMEBICA : To (name of each Commissioner) Gebbting: Know ye, that we, in confidence of your prudence and fidelity, have appointed you Commissioner, and by these presents do give you [or any two or more of you] full power and authority, diligently to examine upon his [or their respective] corporal oath [or affirmation], before you to be taken, and upon the interroga- tories hereunto annexed, as witness on the part of the in a certain cause now pending undetermiaed in the Circuit [or District] Court of the United States of America for the District of , wherein A B is plaintiff, and C D defendant, And we do further empower you, to examine on the same behalf, and in like manner, any other person or persons who may be produced as witnesses before you ; and we do hereby require you before whomauch testimony may be taken, to reduce the same to writing, and to close it up under your hand and seal directed to Clerk of the Court of the United States for the District of at as soon aa may be convenient after the execution of this oommisaion ; and that you return the same when executed, as above directed, with the title of the cause endorsed on the envelope of the commission. UNITED STATES COURTS. 19 Witness th^Honorablo Judge of the Court of the United States for the District of at this day of in the year of our Lord one thousand eight hundred and and of our Independence the ninety Clerk of the Court of the United States, for the District of Instrnctions to Comtnissioners. nhere the Deposition is taken to be used in tJie State of New York, in a Court of the United Slates. Annexed to the commission is an extract from the Statutes of the State of New- York, relative to the taking of testimony out of the State, which extract is di- rected by law to be annexed to the Commission. But as it does not comprise everything necessary to be attended to by the Commissioners, they are requested to observe the following more ample instructions : I. All the Commissioners named ui the Commission should have notice of the time and plsice of executing it ; and if any of them do not act, let the fact that they were notified, or could not be notified, and the reasons for their not acting, be stated. II. The Commission must be executed by the Commissioner named therein. m. The acting Commissioner will examine the witnesses separately, after publicly administering to them the following oath or affirmation : " You do swear that the answers which shall ba given by you to the interroga- tories 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 cases hereinafter mentioned) by the witness laying his hand upon and kissing the Gospel. But if the witness shall desire it, he shall be permitted to swear in the follow- ing form: "You do swear, in the presence of the ever-living God;" and while 80 swearing he may or may not hold up his hand, in his discretion. Or, if the witness shall declare that he has conacieptious scruples against tak- ing an oath, or swearing in any form, he shall be permitted to make his affirma- tion in the following form: " You do solemnly, sincerely and truly declare and affirm," omitting the words, " So help you God." rV. The general style or title of the depositions must be drawn up in the fol- lowing manner ; "Deposition of witnesses, produced, sworn (or affirmed) and examined, the day of in the year one thousand eight hundred and at under and by virtue of a Commission issued out of the Dislriot Court of the United States for the Southern District of New York, in a certain cause therein depending and at issue, wherein as follows : 20 UNITED STATES CODETS. A. B. of (insert his place of residence and occupation), aged • years and up- wards, 'being duly and publicly sworn (or affirmed), pursuant to the directions terete annexed, and examiued on the part of the doth depose and say as follows: First— To the first interrogatory hesaith, &o. [Insert the witness' an- swer.] Second — To the second interrogatory he saith, &o., and so on, throughout. If he cannot answer, let >iiTn say that Tie Icnoweth not. V. If there be any cross-interrogatories, the witness will go on thus : First — To the first cross-interrogatory he saith, &o., and so on, throughout. VI. 'When the witness has finished his deposition let him subscribe 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. Vn. If any papers or exhibits are produced and proved, they must be an- nexed to the depositions in which they are referred to, and be subscribed by the witness, and be endorsed by the acting Commissioner, ia this manner : "At the execution of a Commission for the examination of witnesses, wherein this paper-writing was produced and shown to {^insert five witness' name), and by bim deposed unto at the time of his examination, before Commissioner. Vm. The acting Commissioners will sign their names to each half sheet of the depositions and exhibits. IX. 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 interpret 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 wUl truly and faithfully interpret the answers of the said thereto, out of the into the English language." Let the depositions be subsiribed by the interpreter as well as by witness, and certified by the acting Commissioner 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 18 before Commissioner. X. The Commissioner will make return on the back of the Commission by endorsement, thus : " The execution o£ this Commisaion appears in certain schedules hereunto annexed." Commissioner. UNITED STATES COURTS. 21 XI. The depositions and exhibits (if any) must be annexed to the Commission, ■and then the Commission, the direutions, the interrogatories, cross-interrogato- Ties, depositions and exhibits, must be folded into a packet and bound mth ta.pe. The acting Commissioners are to set their seal at the several meetings or cross- ings of the tape, endorse their names on the outside, and direct it thus : U. S. COUET, District of New Yoek. ' To Esquire, Clerk of the District Court of the United States for the District of New York, at the City of XII. When the Commission is thus exe:iuted, made up and directed, it must "be returned in the manner speci&ed in the direction of the Commission, if there be any. XIII. If there be no direction on the Commission specifying the manner in Trhich it is to be returned, then it must either be delivered 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 liable, on his arrival, to make oath, be- fore 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, ajid that it. had not been opened or altered sin'e he so received it." XIV. In case of returning the Commission by mail, it is to be deposited by one of the acting Commissioners in the nearest post-office, he making the follow- ing endorsement thereon : "Deposited in the postoffije at this day of 18 , by me. Commissioner." In case of returning the Commission by a vessel, it is to be deposited by one of the acting Commissioners in the letter bag of such vessel, he making upon the Commission the following endorsement : " Deposited in the letter bag of the now lying at and bound for the port of New York, this day of 18 , by me. - C&mmissioner." 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 am agent, let him be instructed to call, on his arrival at this place, upon rwho will direct him as to its delivery. 22 UNITED STATES COURTS. Affidavit to obtain Order for Examination of WitnesSr de bene esse. [^Ti&e of the Cause.'] District of [wJiere the affidavit is. made]. ^ A. B., 1)6111^ duly awom, says, that he is the plaintiff in the above entitled cause; that ho is ^drised by -his counaol and verily believes that the testimony of E. P., at present of mariner [or, as the fact may he], is material ani necessary for this deponent in the prosecution of such cause; that the said C. D. lives at \jilace of residence of Mzfo!«s.v], more than one hundred miles from [place of trial of cause], whfre the Court, at -which this deponent expects this cans© will be fried, is to be held. [Or, // the fad is so, that the said E. F. is bound on a voyage to sea; or, is about to go out of the districb in ■which the said cause is- pending, and to a greater distance than one hundred miles, as the deponent is- informed and verily believes ; or, is si aged, or so infirm, as to render it prob-- able that he wiLL not be able to attend as a witness at the trial of the causs.J And this deponent further says that, as he is informed and believes, C. D., the above-named defendant, resides at , about miles distant from [place of examination of witness], the place where the examination of the said witness; is expected to be taken ; and that, as he is also informed and believes, T. Z., the attorney of the said C. D., resides at , about miles from [pla<;e of ex- amination of witness], as aforesaid. A. B., Plaintiff. Sworn to before me this day > of 18 \ Order for Examination of Witness, de bene esse. [Title of the Cause.] Let E. F., the witness named in the above [or within] affidavit, be examined, de bene esse, before me aooarJinaly, at [place of examination], on the day of 18 , at o'o'ook in the noon. [If either the defend&nt or his attorney reside within 100 miles of the place of examination, add], and let days' notice be given to the said 0. D., defendant, [or, to Y. Z., thei attorney of the said defendant, as eitlier may be nearest,] of such examination. a. H. [Title of MagLstrate.] UNITED STATES COURTS. 23 NotiOcaSion «f Exnniiuation of Witness, de 1bcuc esse. [Title of the Cause.] Pleaae take notice, that will be examined, de bene esse, on the part of the In the above entitled cause before me, at my office at , in the city of , on the day of at o'clock, in the noon of that day, at which time and place you aie hereby notified to be present, and put inteirogatories, if you shall think fit. Dated New York, the day of A. D. 18 . . Tours, &c., G. H. lstt%te offieial title.'] To C. D., the above-named defendant [Or, Y. Z., the Attorney for the above- named Defendant]. Caption for depositions, de l>enc esse. UNITED' STATES OF AMERICA: District of State of County of Be it remembered, That on this day of in the year of our Lord one thous;nd eight hundred and seventy I, , a Commissioner, duly appi tinted by the Circuit Court of the United States, for the District of , in the Circuit, under and by virtue of the Acts of Congress, entitled •' An Act for the more convenient taking of affidavits and bail in civil causes, depending in the Courts of the JJnited States," passed February 20th, 1813, and the Act of Centres?, entitled "An Act, in addition to an Act, entitled ' An Act for the more convenient taking of affidavits and bail in civil causes, depending' in the Court's of the United States,'" pa"«ed Maroh 1st, 1817, and the Act, entitled " An Act to establish the Judicial Courts of the United States,'' passed September 24th, 1789, Did call and cause to be and personally appear before me, at my office, at in the city of , in the said District of , in the State aforesaid, to testify and the truth to say, on the part and behalf of the in a certain suit or matter of controversy, now de- pending and undetermined, in t'le Court of the United States, for the District of at [place of liolding the Court.], wherein A. B. is plaintiff and C. D. defendant. And the Slid being about the age of years, and having been by me first cautioned and sworn to testify the truth, the whole truth, and nothing but 24 mjITED STATES COURTS. the truth, in the mattsr of controversy aforesaid, I did oarofully examine the Biid and he did thereupon depose, testify and say as follows, viz. : [Here follows the deposition, wJdeh must be subscribed by the witness.'] Certificate at close of Deposition, Ae bene esse. United States of Ambbica, ] District of :bbica, ^ I, a Commissioner duly appointed by the Circuit Couri of the United States, for the district of in the circuit, under and by virtue of the acts of Congress, entitled " An Act for the more convenient taking of affidavits and bail in civil causes depending in the courts of the United States," passed February 20, 1813, and the act of Congress, entitled " An Act, in addition to an act, entitled ' An Act fdr the more convenient taking of affidavits and bail in civil causes depending in the courts of the United States,' " passed March 1, 1817, and the Act, entitled "An Act to establish the Judicial Courts of the United States," passed Septem- ber 24, 1789, Do hereby certify, that the reason for taking the foregoing deposition is, and the fact is, that the testimony of the said witness is material and necessary for the plaintiff [or defendant], in the cause in the caption of the said deposition named, aud that he [stating tlie facts hy reason of which tlie taking of the deposi-. Hon is permitted by statute, as] lives, and did live at the time of taking said deposi- tion, in the city of caunty of and state of the same being more than 100 miles distant from the place where the court was appointed by law to ba held, at which it i? expected said cause will be tried. I further certify, that notification of the time and place of tiking the said deposition signed by me, was made out and served on the to be present at the taking of the deposition and to put interrogatories, if he or they might think fit I further certify, that on the day of in the year of our Lord one thousand eight hundred and I was attended by and by the witness who of sound mind and lawful age, and the witness by me first carefully examined and cautioned, and sworn to testify the truth, the whole truth, and nothing but the truth, and the deposition by me reduced to writing, in the presence of the witness and from statement and after carefully reading the same to the UNITED STATES COURTS. 25 ■witness subscribed the same in my presence. I have retained the said deposition in my possession for the purpose of [sealing up and directing tlie same -with this certificate of tbe reasons aforesaid for taking said deposition, -with my own band, to] tbe court for ■srhicb tbe same taken. Ajid I do further certify, tbat I am not of counsel nor attorney for either of the parties in the said deposition and caption named, nor in any way inter- ested in the event of tbe cause named in the said caption. In testimony wbereof, I have hereunto set my hand and seal, this day of in {Official Seal.] tbe year of our Lord one thousand eight hundred and and of tbe independence of tbe United States the G. H. United States Commissioner, duly appointed by the Court of tbe United States, for tbe District of in tbe Circuit. FOS THE DISTRICT OF tit PlaintiflF, Defendant' S S 3 Depositions on behalf of the in the above entitled suit, taken S ^ ^ W before me, de bene esse, and sealed up by me, and by me directed and transmitted g g- ^ g to the 01«r)£ of the above named Court. G. H. [title.] a 4 " n S-- s i- s cr-> C- Ci ^ ^J a -?■ 5^ ^ S; Ci* =1. !S> ■—K Ol ^ <:^ •^ 3- C) »r > ^ >i S: s <3a Ol ;g I, ►3 ^ a LAWS OF ALABAMA, EELATEPTG TO CIVIL ACTIONS, DEEDS, WILLS, &c. PBEPAEBD FOR THIS "WOSK BY HANNIS TATLOB, Esq., 03? MOBILE. Kevised Statutes — C«4le — Practice.— Ke\'ised Oonstitution, adopted February, 1868 ; Kevised Code, February 19, 1867. The Practice is according to tbe Common Law, except wbere altered by Statute or the rules of the Supreme Court. "Actions. — Civil actions, in courts of record, must be commenced by the service of a summons, accompanied by a complaint, setting forth plaintiff's cause of action. Every action founded on contract, for the payment of money, miist be prosecuted in the name of the party really interested, whether he have the legal title or not ; subject to any defence the debtor may have had against the payee or creditor previous to notice of the assignment ; but this does not apply to bills of exchange, or to instruments payable at a bank or private banking-house. In all other cases, the suit must be instituted in the name of the party having the legal title. Service is effected by the sheri£F or other ofHoer leaving a copy of the summons and complaint with the defendant. This must be done at least twenty days before the return day (which is the first day of the term after the writ is issued), in order that it may stand for trial at the first term. If the service is made less than three days before the return day, the writ must be returned to the next succeeding term. When the service has been perfected twenty days before the return day, the case must stand for trial at the first term, provided the suit is founded upon a contract made since July 25, 1865 ; but where founded upon a contract made previous to that time, the first term after the suit is com- menced is the return term, the second the appearance or pleading term, and the third the trial term. By a late decision of the Supreme Court, this last clause is construed to apply to all suits begun by attachment. Pleading. — Where the term of the court is for more than two weeks, the defendant must plead or demur . within the first three days of the appearance term, and the replication must be filed within three days thereafter, unless the time is extended by order of the court. When the term of the court is but one week, the plea must be filed with- in the first two days of the appearance term, and the issue be made up in the two succeeding days, unless the time is extended by order. . Arrests. — The Constitution provides that there shall be no imprisonment for debt. AttacltmcntS may issue as follows: (1) to enforce the collection of a debt, whether due or not at the time the attachment is taken out ; (3) for a money demand, the amount of which can be certainly ascertained ; (3) to recover damages for a breach of contract, when the damages are not certain or liquidated; and LAWS OF ALABAMA. 27 (4), Trhere the action sounds in damages merely. The plaintiff, hia agent or attorney, must make oath of the amount of the debt claimed ; that it is justly due ; that the attachment is not sued out for the purpose of vexiag or harassing the defendant ; and that the defendant resides out of the State, or absconds, or secretes himself so that the ordinary process of law cannot be served on him, or is about to remove out of the State, or to remove his property out of the State, so that the plaintiff -will probably lose his debt, or have to sue for it in another State, or is about to or has fraudulently disposed of his property, or has moneys, property or effects, liable to satisfy his debts, which he fraudulently withholds. Bond must be given by the plaintiff, with sufficient security, to double the amount of the claim, unless the plaintiff is unable to give such bond, and makes affidavit of the fact. The attachment may be levied upon either the iDcrsonal or real property of the debtor. Ancillary attachments may be issued in suits begun by summons, upon like affidavit and bond as in cases of original attachments Orar/ws/ime?!.*.— Attachments may be executed by summoning any person in- debted to, or having in his possession or under his control property, real or per- sonal, belonging to the d' fendant. The garnishee may be required to answer on oath, whether he was indebted to the defendant at the time the attachment was levied, or whether he is indebted at the time of his answer, or will be indebted in the future by a contract then existing. Upon suing out summons and com- plaint, the plaintiff may obtain garnishment process, upon making affidavit that such process is necessary, and executing bond as in attachment cases. Judgment creditors are entitled to the same process by making the same affidavits, and giving bond. Claims asrainst the estates of persons deceased must be presented within eighteen months after the same have accrued, or within eighteen months after the grant of letters testamentary or of administration, and if not presented within that time are forever barred. This does not apply to minors or to persons of unsound mind, who are allowed eighteen mouths after their respective disabilities are removed ; nor to heirs or legatees claiming as such. The presentation must be made to the executor or administrator, or the claim must be filed in the office of the judge of lorobate in which letters were granted. Deeds, Mortg'ag'es, Ackno^vledgcnients, Recording:.— A scroll is a sufficient private seal. Conveyances for the alienation of land must be written or printed on paper or parchment, and must be signed at their foot by •eke contracting party, or his agent or attorney having a written authority ; or if he is not able to sign his name, then his name must be written for him, with the words " his mark" written against the same, or over it. There should be two subscribing witnesses ; but one is sufficieftt, if the deed be acknowledged by the grantor, unless the grantor is a married woman, or cannot write. Before admission to record, o inveyances must be either acknowledged or proved, in order to entitle them to admission as evidence, without further proof. Convey- nces of real property must be recorded in the county in which the land lies, in the office of the judge of probate. A married woman need not be privately ex- amined. Conveyances of unconditional estates and mortgages, or instruments 28 • LAWS OF ALABAMA. in the nature of a mortgage of real property, to secure any debt created at the date thereof, are void as to purchasers for a valuable consideration, mortgagees and judgment creditors having no notice thereof, unless recorded withiii three months from their date. Mortgages and deeds of trust of personal property are void against creditors and purchasers without notice, until recorded. Acknow- ledgments and proofs of conveyances may be taken by the following officers in the State : Judges of the supreme and circuit couxts, and their clerks ; chancel- lors, registers in chancery, judges of the court of probate, justices of the peace, and notaries public : out of the State, and within the Unitbd States, by judges and clerks of any federal court, judges of any court of record in any State, notaries public or commissioners appointed by the governor of the State of Alabama : beyond the limits of the United States, by the judge of any court of record, mayor or chief magistrate of any city, town, borough or county, notaries public, or by any diplomatic, consular, or commercial agsnt of the United States. Depositions. -The evidence of witnesses may be taken by deposition, in civil cases, by either party : (1) when the witness is a female ; (3) when from age, infirmity, or sickness, unable to attend court ; (3) when residing more than 100 miles from the place of trial, or residing out of or absent from the State ; (4) when about to leave the State, and riot to return, probably, until after the trial ; (5) when the claim or defence, or a material part of it, depends exclusively on hia evidence ; (6) when the witness is governor, or other executive officer of the State; a judge, or other officer of a court of record; officer of a bank incor- porated in the State ; a practicing physician, or lawyer ; is constantly employed, on a, steamboat, or other water-craft, or about any railroad, plank road, or manufactory ; officer of a railroad ; teacher engaged in teaching, or minister of the gospel in charge of a diocese, &c. An affidavit must be made, setting forth some one of these causes, and that the witness is material, which must be filed, and the clerk of the court will then issue a. commission to one or more persons to take such deposition, prescribing the notice to be given to the opposite party, or his attorney, of the time and place of taking it. If the party on whom the notice is to be S2rved resides out of the county, and lias no attorney of record, it is sufficient to file the same, with the papers in the cause, the length of time pr3scrib?d ; but when testin'.ony is taken under sub-division (3) it must be taken by interrogatories, as follows: after making the affidavi^, the party files with the clerk interrogatories to be proposed to the witness, of which, and of the resi- dence of the witness, and of the commissioner to be appointed to take the deposition, he must give the opposite party, or his attorney, notice in writing who has ten day.'i thereafter to file cross-interrogatories, to which the party filing the interrogatories may file r jbutting interrogatories. After the expiration of the ten days, a commission, accompanied by a c )py of the interrogatories, cross and rabutting, if filed, must be issued by the cljrk, to take the deposition ; wliioh may be taken at such time and place as the commissioner may appoint. Execution, and Stay of. -For the satisfaction of judgments, the party in whose favor the judgment is rendered may, within a year thereafter, have a .■B'rit oi fieri faoias against the lands and goods of the judgment debtor. No LAWS OF ALABAMA. 2d execution shall issue on a judgment or decree on which an execution has not been sued out within one ye r, untU the same has been revived by scire facias. The cler'.^ must issue executions on all judgments in favor of the successful party, aa soon after the adjournment of the court as practioible. If sufficient cause be shown, by affidavit, by the party, his agent or attorney, execution may issue be- fore adjournment. An equity of redemption, ineitherreal or personal property, may be s-ld under execution. ^Exemptions and Homestead Liaw. — The personal property of any resident of the Stale, to the value of $1,000, to be selected by such resident, shall be exempted from sale on execuiion or other final process of any court, issued for the collection of any debt contracted after the adoption of the Constitution of 1868. Every homestead, not exceeding eighty acres of land, and the dweUing and appurtenances thereon, to be selected by the owner thereof, and not in any town, city or village, or in lieu thereof, at the option of the owner, any lot in a city, town or village, with the dwelling, and appurtenances thereon, owned and occupied by any resident of the State, and not exceeding the value of |3,000, shall be exempted in like manner. Interest.— Eight per cent is the legal rate. The principal only can be col- lected on usurious contracts. Judgments, and I>ien of. — Judgments of courts of record are liens on all the property of the defendants therein which is subject to levy and sale.. A writ of fieri facias is a lien in the county within which it is received by the sheriff, only from the time of its reception by him, and such lien continues as long as the writ is regularly issued and delivered to him without the lapse of an entire term. Where a bona fide sale and purchase is made before the delivery of an execution to the sheriff of the county where the land is situated ; or when an execution is delivered, but an entire term elapses between the return thereof, and the delivery of an alias to the sheriflF, the lien of the judgment is void as to such purchaser. Liien of Meclianacs, &C. — Mechanics and builders have a prior lien upon the lot or tract of land on which buildings are erected by them, and on the buildings so erected, for the price agreed on, or the compensation to be paid, and for materials used in the construction thereof, unless surety be given to such builders for the performance of the contract, or an agreement be made in writing, waiving the lien. The contraotfor the erection of the building must be in writ- ing, and must be recorded in the office of the judge of probate of the county in which the land lies, within sixty days after the date thereof. No mechanics' lien, either for building or for materials furnished, can be enforced unless pro- ceedings are begun within ninety days after the completion of the work or sup- ply of materials. ^limitation of Actions.— Civil suits must be commenced, after the cause of action has accrued, within the following periods : (1) within twenty years :' actions by the State against a citizen thereof for the recovery of real or personal property; actions upon a judgment or decree of any court of the State 30 LAWS OF ALABAMA. of Alabama, of the United States, or of any Stite or Territory of the United Stat:s; (2) within ten years: actions founded on any contr-ict or writing under seal for the recovery of lands, tenements, hereditimenta or the possession there- of ; motions or actions against slieriffs, and other public offioers for nonfjasanoe, misfeasance or malfeasance in office ; (3) within six years : actions for trespass to real or personal property ; for the detention or conversion of personal pr.iperby ; on a promise in writing not under S3al ; for the recovery of money upon a loan, upon a stated or liquidated account, or for arrears of rent due upon a pafol demise; for the use and occupation of land; motions or actions against the sureties of any public officer ; or ag;ainst the sureties of executors, adminisirj- tors, or guardians for any misfeasance or malfeasance whatever of tlieir principal, the time computed from the act done or omitted by their principal which fixes the liability of the surety ; motions or actions against attorneys at law for fail- ing to pay over money of their clients, or for neglect or omission of duty ; any action upon a judgment of a justice of the peace of this State ; any action aris- ing from simple contract or specialty, not herein specifically enumerated ; (4) within five years : all actions founded on equities of redemption, where lands have been sold under a decree of the chancery court, existing in any person not a party to the proceedings, who claims under the mortgagor or grantor, in a deed of trust ; (5) witliin four years: all actions or inotions against any security to any writ of error, appeal, replevin, or forthcoming bond, executed in any cause, in any of the courts of tire United States, or in any other State or country except the State of Alabama; (6) within three years: actions to recover money due on an open or unliquidated account, computing the time from the date of the last item of the account, or from the time when, by contract or Tisage, the account is due ; (7) within one year : actions for assault and battery, false im- prisonment, or malicious prosecutions ; for criminal conversation, for the seduc- tion of a female, or breach of marriage promise ; for a penalty given by statute to the party aggrieved, unless the statute imposing it prescribes a different limitation; for libel or slander ; for any injnry to the person or rights of an- other not arising from contract, and not herein specifically enumerated. The statute of limitations, according to the decision of the supreme court of the State, was suspended during the late war, from the 11th day of January, 1861, to the 21st day of September, 1865. Infants, married women (except as to their separ,ite estat*), insane persons, and persons imprisoned for crime, for a term less than life, have tliree years after removal of disability to brimg suit, make entry or defense. But no action can be commenced after twenty years frjm the time when the cause of action accrued. Msarraetl "Wobhcm.— All property of the wife held by her previous to the marriaje, or which she may become entitled to after the marriage, in any manner, is the separate estate of the wife, and is not subject to the payment of the debts of the husband. The wife's separate estate may be conveyed by the husband and wife joining in a conveyance, attested by two witnesses, or ac- knowledged before any officer authorized to take the a-iknowledgment of deeds. Married women may by their last will and testament dispose of their separate LAWS or ALABAMA. 31 estate. A mortgage will not be maintained, subjecting a married Troman'a ' statutory separate estate to the payment of the husband's debts. Notes, Kills and Protest. — Bills of exchange and promissory notes, payable in money at a bank or private banking house, are governed by the com- mercial la-w, except as altered by statute. All other instruments, payable in money at a bank or private banking house, are governed by the commeriial law as to days of grace, protest and notice. No days of grace a'e allowed on any contract except thoee enumerated. No person in this state can be charged as an acceptor of a bill of exchange unless his acceptance is in wriang, signed by himself or his attorney. An unconditional promise in writing to accept a bill, before it is drawn, amounts to an actual acceptance. On all contracts assigned by writing, except bills of exchange and notes payable at a banking house, when the amount is over fifty dollars, in order to charge the endorser or assignor, suit must be brought against tlie maker, in the county of hia residence, to the first court after the making of the endorsement or assignment. Notaries public have powc r to protest according to the commercial law. In all cases where notice of the non-acceptance or non-payment of bills o£ exchange or other negotiable in- struments is given by sending the same by mail, it is BufSoient for such notice to be dir^oted to the p^ace where the person sought to be charged by such notice resided at the time of the drawing, making or endorsing of sui'h bill or negotiable instrument, or to the post-office nearest hia residence ; unless at the time of the making of the instrument he specifies thereon the post-office to which he re- quires the notice to be addressed. Taxes. — After the first day of January in each year, it is the duty of the tax-collector to levy upon and sell, after ten days' notice, any personal property of delinquent tax-payers in satisfaction of delinquent taxes. No personal property B'jld in this manner is subject to redemption. If no personal property be found, the tax-coUeGtor proceeds against real-estate. When land is sold for taxes the collector gives to the purchaser a certificate of purchase. Land sold for taxes may be redeemed at any time before the expiration of two years from the date of sale, by the owner, his heirs or representatives, by depositing with the judge of probate of the county in which the land was sold, double the amount of purchase money, with interest thereon at the rate of ten ptr cent, per annum, from date of sale, costs of the certificate of purchase, all taxes which have accrued subsequent to the sale, and one dollar to the judge. Land of an infant or lunatic, when sold, may be redeemed at any time, within one year after the removal of disability, upon satisfactoiy evidence of ownership. Upon redemp- tion, the judge of probate gives a certificate of redemption, which must be countersigned by the county treasurer. If the land is not redeemed within two years after sale, the purchaser is entitled to a deed, by paying to the probate judge one dollar. "Wills. — All persons of the age of twenty-one years, and of sound mind, may devise lands or any interest therein, by their InstwiU; pers.ms of the age of eighteen years, of sound mind, may also dispose of their personal property by will. No will is effectual — except nuncupative wills — unless in writing, signed by the tsstator, or some person in his presence and by his dileotion, and at- 32 LAWS OF ALABAMA. tested by at least two witnesses, wlio must subsoribs tbeir names thereto, in the presence of the testator. Witnesses.— No person is excluded from being a witness in any civil suit, because he is a party or interested in the issue ; but in suits or proceedings by or against executors or administrators, neither party shall be allowed to testify against the other, as to any transaction with or statement by the testator or intestate, unless called to testify thereto by the opposite party. CEKTIFICATES OF ACK1VOTVI.EDGMEIVT, &c., OF DEEDS. 1. By Orantor Kno\¥n to the Officer. State op , ) County . ) 1. (name and style of the officer,) hereby certify, that whose name is signed to the foregoing conveyance, and who is known to nie> acknowledged before me on this day, that being informed of the contents of the conveyance, he executed the same voluntarily on the day the same bears, date. G-iven under my hand this day of A. D. 18 . [Signature and Title.'] State oe County 3. Proof toy Sutoscribiiig Witness. I, (name and style of officer,) hereby certify, that a subscribing witness to the foregoing conveyance, known to me, appeared before me this day, and being sworn, stated that , the grantor in the conveyance, voluntarily executed the same in his presence, and in the presence of the other subscribing witnes?, on the day the same bears date ; that he attested the same in the presence of the grantor, and of the other witness, and that such other witness subscribed his name as a witness in his presence. Given under my hand this day of A. D. 18 . [Signature and Title.'] Instructions and Forms for Taking Depositions. The commissioner should reduce the answers of the -witness to writing, or cause it to be done by the witness or some impartial person, as near as may be in the language of the witness, having first sworn him to speak the truth,, the whole truth, and nothing but the truth. LAWS OF AIiABAMA. 33 The certificate o£ the commissioner must set forth the manner, time, and . place of taking the deposition, and that he has personal knowledge, or has had proof made before him, of the personal identity of the witness, and that he is not of counsel, or of kin to any of the parties to the cause, or in any manner interested in its result. The package may be sent by mail or private conyey- anoe. The heading or title of the depositions may be in this form: Deposition of A. B., witness sworn (or affirmed) and examined under, and by virtue of a commission issued out of the circuit court of the State of Ala- bama, for county, in a certain cause therein pending, between , plaintiff and , defendant. A. B., of , being duly sworn to speak the truth, the whole truth, and nothing but the truth, doth depose and say as follows : 1st. To the first interrogatory he saith — Snd. To the second interrogatory he saith — Ist, To the first cross interrogatory he saith — When the deposition is finished, it must be subscribed by the witness and certified as follows : I, , the commissioner in said commission named, do hereby certify that the evidence of the witness, A. B., was taken down under oath, and sub- scribed by him in my presence, on the day of 18 , at my office, No. , in , in the county and State of , and that I have personal knowledge of said witness, {or, if unacquainted with the witness, that proof has been made before me of the personal identity of Said witneas,) and that I am not of counsel or of kin to any of the parties to the cause, or in any manner interested in the results thereof. Witness my hand and ofiicial seal. Commissioner. The commissioner wlU fold the commission, interrogatories, answers, and any document deposed to by the witness, in a packet, sealed. He will write his name across the seal, and direct it thus : •] To , Esq., Clerk of the Circuit Court, for County, , Ala. Deposition of A. B. COURTS OF ALABAMA. Supreme Court. The supreme court has appellate jurisdiction only, with power to ■ issue- writs of injunction, mandamus, habeas corpus, quo warranto, and such other original and remedial writs as are necessary to the exercise of its jurisdiction. Judges, &c.— Chief Justice, E. "W. Peck. Associate Justices, T. M. Peters, of Moulton ; B. P. Saffold, of Selma. Clerk, Daniel B. Booth, of Montgomery. Terms, at Montgomery, in January and June. Chancellors of the State of Ma- lama — Mortkern Dimaion, Wm. Skinner, of EussellTille; Eastern JDivimn, B. B. McCraw, of La Fayette ; Middle Dwision, Charles Turner, of Selma ; Western Dimsion, A. W. Dillard, of Li-vingston ; Southern Dimsion, Adam C. Pelder, of Montgomery. The State is divided into chancery divisions, and the divisions into districts ; each district embracing one or more counties. Circuit Courts. The circuit court has original jurisdiction in all matters, civil and criminal, within the State; but in civil cases, only when the matter in controversy ex- ceeds fifty dollars ; and concurrent jurisdiction with the courts of chancery in all cases of divorce, and in cases where the matter in controversy does not ex- ceed the sum of five thousand dollars. Judges — 1st circuit, M. J. Saflold, of Summerfield; 3d, James Q. Smith, of Montgomery; 3d, Wm. S. Mudd, of Elyton; 4th, James S. Clark, of Moulton; 5th, "Wm. J.Haralson, of Lebanon; 6th, John Elliott, of Mobile; 7tli, L. K. Smith, of Butler; 8th, J. M. "Wiley, of Troy ; 9th, L. B. Strange, of Tuskegee ; 10th, Charles Pelham, of Talladega 11th, P. 0. Harper, of Greenville ; 13th, W. L. Whitlock, of Centre. Two terms of the circuit court are held in each county, one in the Spring or Sum- mer, and the other in the Pall. The City Courts of Huntsville and Eufaula have civil and criminal juris- diction. Two terms of each of these courts are held annually. PROBATE COURTS. These courts have the usual jurisdiction of Courts of Probate. A term is held monthly in each county. JUSTICES' COURTS. The justices have jurisdiction in all civil cases where the amount does not exceed one hundred dollars. LAWS OF ARKANSAS RELATING TO CIVIL ACTIONS, de:eds, wills, &c., PREPARED FOR THIS WORK BY THE EDITOR, WITH THE AID OF HANLT AND THWEATT, EStis., op HELENA, ARK. Revised Statutes, Code, Practice. —The last revision was in 1858. The practice is under a code of practice, enacted July 23, 1868, resembling the New York code. Actions must be prosecuted in the name of the real party in interest ; with like exceptions as under the code of New York. A civil action, in the circuit court, is commenced by filing in the ofSpe of the clerk of the proper court a complaint, and causing a summons to be issued thereon. The complaint must be signed by the party or his attorney, and verified by the affidavit of the party ; a, verification, however, is not required where the complaint is founded on a note, bond, bill of exchange, mortgage, or other written obligation of the defendant ; nor where the defense is founded on written obligation of plaintiff, unless the writing on which the action or defense is founded is lost, mutilated or destroyed. If the action is founded on a note, or other writing, the original must be filed as a part of the pleading, if in the power of the party to produce it ; if upon an account, a copy thereof must, in like manner, be filed with the pleading. In courts before a justice of the peace, the pleadings may be oral and without verifiration ; but before the summons is issued, the plaintiff must file with the justice the account, or the written contract, or a short, written state- ment of the facts on which the action is founded. The summons is served by delivering a copy to the defendant ; but if he refuse to receive it, the offer of it to him is sufficient service. Service is ordinarily made by the sheriff. In suits in the circuit court the summons must be served ten days prior to the first day of the term. In justices' courts where the matter in controversy does not exceed fifty dollars, the summons must lie served at least five days before the day set for trial. "Where it exceeds fifty dollars, the summons must be served at least ten days before the day of trial. Arrest. — An order for the arrest of the defendant is made by the clerk of the court in which the action is brought, when there is filed in his office an affidavit of the plaintiff, showing: 1st. The nature of the plaintiff's claim : 2d, That it is just : 3d. The amount or value which the affiant believes the plaintiff ought to recover : 4th. That the affiant believes, either that defendant is about to depart from the state, and with the intent to defraud his creditors has con- cealed or removed from the state his property, or so much thereof that the pro- cess of the court after judgment cannot be executed ; or, that the defendant has 36 LAWS OF ARKANSAS. money, or securities for money, or evidence of debt in the possession of himself or others, for his use, and is about to depart from the state without leaving property therein sufficient to satisfy the plaintiff's claim. (These are the pro- visions of the code, but the constitution of the state says, " no person shall be imprisoned for debt ; but this shall not prevent the General Assembly from providing for imprisonment or holding to bail persons charged with fraud in contracting said debt.") An undertaking must be executed on the part of the plaintiff by one or' more sufficient sureties to pay all damages which the defen- dant may sustain by the arrest, if the order is wrongfully obtained. (See also under Executions.) AttacIllIlCUtS. — The plaintiff in a civil action may, at or after commence- ment thereof, have an attachment against the property of the defendant in the cases and upon the grounds hereinafter stated, as a security for the satisfaction of such judgment as may be recovered. First, In an action for the recovery of money, where the action is against : (1st) A defendant, or several defendants, who, or some one of whom, is a foreign corporation, or a non-resident of the state ; or, (8d) who has been absent therefrom four months ; or, (3d) has de- parted from the state with intent to defraud his creditors ; or, (4th ) has left the county of his residence to avoid the service of a summons ; or, (5th) so conceals himself that a summons cannot be served upon him ; or, (6th) is about to remove, or has removed, his property, or a material part thereof, out of the state, not leaving enough therein to satisfy the plaintiff's claim, or the claim of said .defendant's creditors; or, (7th) has sold, conveyed, or otherwise disposed of his property, or suffared or permitted it to be sold, with the fraudulent intent to cheat, hinder, or delay his creditors ; or, (8th) is about to sell, convey or other- wise dispose of his property, with such intent. But an attachment shall not be granted on the ground that the defendant or defendants, or any of them is a foreign corporation or a non-resident, for any claim other than a debt or demand arising upon contract. Where there is more than one defendant, the estate or interest of such defendants only as are embraced in some .of the above sub- divisions, is subject to attachment. Second, In an action to recover possession of personal property, where it has been ordered to be delivered to the plaintiff, and where the property, or part thereof, has been disposed of, concealed or removed, so that the order for its delivery cannot be executed by the officer. In order to obtain the attachment, the plaintiff must file an affidavit showing the nature of his claim; that it is just; the.amount which he believes he ouo-ht to recover, and the existence in the action of some one of the eight grounds of attachment above enumerated. The order of attachment is not issued until the plaintiff files a bond, with one or more sufficient sureties, conditioned to pay all damages the defendant may sustain if the order is wrongfully obtained. At- tachments may be sued out, and the actions in which the same are obtained may be prosecuted, in any coimty in which property may be attached, or a garnishee, who is indebted, or has property belonging to the defendant, is served with process. Claims against Estates of Poisons Deceased, must be exhibited to the executor or administrator before the end of two years from the LAWS OF AEKANSAS. 37 granting of letters, or be forever barred. Demands against the estate are divided into the following classes: 1st, Ifuneral expenses: 2d, Expenses of the last sickness, wages of servants, and demands for medicines and medical attendance during the last sickness ; 3d, Judgments rendered against the deceased in his lifetime, and which. are liens on his lands, if he died possessed of any, otherwise to be regarded as debts due by contract ; 4th, All demands, without regard to quality, which are exhibited, properly authenticated, within one year after the granting of letters on the estate ; 5th, All such demands as are exhibited as aforesaid after one year and within two years after the granting of letters on the estate. Actions pending against any person at the time of his death, which, by law, survive against his executor or administrator, are considered demands legally exhibited, from the time such action shall be revived. Actions commenced against the executor or administrator, after the death of the testator or intestate, are considered demands legally exhibited, from the time of serving the original process in the action. Claims may be exhibited as follows : If the demand is founded on a judgment, note, ^ond or written contract, by delivering to the executor or administrator a copy of such instrument, with the assignments and credits thereon, if any, exhibiting the original, and if the demand is founded on an account, by delivering a copy, setting forth each item distinctly, and the credits, if any. The claimant must append to Ms demand an affidavit to the effect that nothing has been paid or delivered towards the satisfaction of the demand, except what is credited thereon, and that the sum of dollars, demanded, is justly due. No claim can be paid until such affidavit is made. All demands must be paid in the order in which they are classed, and no de- mand of one cIeiss can be paid until the claims of all previous classes are satisfied. A final settlement of. administration must be made within three years from the date of the letters. Deeds, Mortgages, Acknowledgment, Kecording.— A scroll, or a durable impression on paper, is sufficient as a private seal. Conveyances must be executed in the presence of two disinterested witnesses, or acknow- ledged ' by the grantor in the presence of two such witnesses who shall then subscribe it. If they do not subscribe it at the time of its execution, the date of their subscription must be stated with their signatures. Aliens who have made declaration- of their intention to become citizens, may take and hold lands, by deed or will, and convey or devise the same and the same shall pass by descent to their heirs, if resident in the United States. The personal estate of an alien is distributed in the same manner as if he were a citizen. Deeds may be acknowledged or proved, in the state, before any court having a seal, or any judge, justice, or clerk thereof, notary public, or a justice of the peace of the county in which the real-estate is situated. If acknowledged or proved without the state, and within the United States; before a notary public, or any court of the United States, or of any State or Territory having a seal, or the clerk of any such court, or a commissioner appointed by the governor of this state to take acknowledgments of deeds. If acknowledged or proved without the United States : befo:fe any court of any state, kingdom or empire having a seal ; the mayor oi chief officer of any city or town having a seal, or any minister or consul of the United States, or a notary public having a seal. The 38 ' LAWS OF ARKANSAS. identity of tKe grantor or witness, and Ms being the person he purports to be on the face of the deed, must be known to the court or officer, or proved by- witnesses who are so known, or by affidavit of the grantor or witnesses, in which case the names pnd residences of the witnesses must be inserted in the certificate. The certificate of the officer should be endorsed upon the deed. No acknowledgment of a married woman shall be taken, unless she first be made acquainted with the contents of the instrument, and, on examination apart from her husband, she acknowledge that she executed the same freely and with- out compulsion or undue influence of her husband. The certificate must show, in the case of a married woman, that she relinquished her dower. Every in- strument of writing executed out of this state and within the United States> which conveys lands in this state, and which is acknowledged or proved accord- ing to the laws and usages of the place where executed, shall be received and recorded in the county where the lands lie, and shall be as effectual and valid as if made in accordance with the laws of this state. By the constitutipn of 1868, all lands in this state are declared to be allodial, and feudal tenures of every description, with all their incidents, are prohibited. Leases and grants of land for a longer period than twenty-one years, in which shall be reserved any rent or service of any kind, shall be held a conveyance in fee to the lessee. Depositions may be used on the trial of all issues in any action : (1) where the witness does not reside in the county where the action is pending, or in an adjoining county, or is absent from the state, or is in the military service of the United States or of the state : (3) where the witness is the governor, secretary of state, auditor or treasurer of the state, a judge or clerk of court, apresident, cashier, teller or clerk of abank, or practising physician, surgeon or lawyer, or keeper, officer or guard of the penitentiary: (3) where from age, infirmity or imprisonment the witness is unable to attend court, or is dead ; (4) where the witness resides thirty or more miles from the place where the court sits in which the action is pending ; and may be taken dfe bene esse, or . upon reasonable notice to the adverse party, or upon interrogatories and com- mission. Reasonable notice is one day for each thirty miles of travel, and one day for preparation, where the distance is less than one hundred miles, and two days where it is more. A party to whom more than three days' notice has been given to take a deposition out of the state, may, by notice to the adverse party ,^ or his attorney, served in one day after the service of the first notice, require the deposition to be' taken upon interrogatories. Where a deposition is taken upon interrogatories neither party, nor the agent or attorney of either, shall be present, unless the other party is present or represented by an agent or attorney, or unless the opposite party, or his agent or attorney, has been seasonably notified of the time and place of taking the depo- sitions, or the party attending has been notified by the opposite party to attend • Depositions may be taken out of the state, before a commissioner for Arkansas, a judge of a court, a justice of the peace, mayor of a city, notary public, or any other person empowered by a commission directed to him, by consent of the parties, or by order of the court. liXCCUtion and Stay of. — An execution may be issued upon a judg- ment at any time until the collection of it is birred by the statute of limitations. LA-U'S OF ARKANSAS. 39 Th3 death of one or all tte plaintiffs does not prevent issue of execution, but on such execution the clerk shall endorse the death of such of them as are dead, and, if all be dead, the names of the repressntatives ; nor does the death of any of the defendants prevent execution against the survivors and their property. A capias ad satisfaciendum may issue (except against females) upon judgments for fraud, and persons arrested on such capias shall be imprisoned in the county jail until they satisfy the judgment upon •which said writ issued, or are dis- charged as insolvent debtors. The defendant may generally stay the collection of a judgment or decree for money, f jr three months, by giving an obligation, ■with good surety, conditioned for the payment of the judgment, interest, cost, and half commission of the sheriff, if execution has issued. Where the right to stay execution exists, and is not exercised, sales under the execution shall be on a credit of three months, thg purchaser giving to the plaintiff in the exe- cution a bond and security for the paym3nt of the sale money, bearing interest ■ from date, such bond to have the force and effect of a judgment, on •which exe- cution may issue, •which execution shall be endorsed that no surety shall be taken. No stay is allo'wed upon a, judgment or decree against any collecting officer, or attorney at la^w, or agent, for a delinquency or default in executing or fulfilling the duties of his office, or place, or failing to pay over money collected by him in such capacity; or against a principal by his surety; or of a debt due by obligation having the force of a judgment, or of a judgment or decree for specific property, or for the property or its value, or a judgment or decree enforcing a lien in favor of a vendor or mortgagee. Where any real-estate or any interest therein is sold under execution, the same may be redeemed by the debtor from the purchaser, or his vendees, or the personal representatives of either, •within t^welve months after the sale, by the debtor's paying to the clerk of the court where the execution issued, the purchase-money, with fifteen per cent, per annum and all lawful charges. The sheriff gives the purchaser of any real property sold upon execution, a certificate of sale, but the purchaser is not entitled to a conveyance or possession of the premises until the time for redeeming has ex- pired. Judgment creditors may also redeem before the expiration of twelve months from time of sale. ' Exemptions and Homestead liaws. — The constitution (of Feb. 11, 1868), pro-vides that the personal property of any resident, to the value of two thousand dollars, to be selected by such resident, shall be exempted from sale on execution, or other final process of any court, issued for the collection of any debt contracted after the adoption of the constitution. Also, that the home- stead of any resident who is a married man, or head of a family, shall not be encumbered in any manner, while owned by him, except for taxes, laborers' and mechanics' liens, and security for the purchase-money thereof. And that every homestead not exceeding one hundred and sixty acres of land, and the dwellings and appurtenances thereon, to be selected by the o^wners thereof, and not in any •to^wn, city or village, or in lieu thereof, at the option of the O'wner, any lot in any city, town or village, with the dwelling and appurtenances thereon, o^wned and occupied by any resident of the state, and not exceeding the value of five thousand dollars, shall be exempt from sale on execution, except for liens as above. 40 LAWS OF ARKANSAS. Interest. — The constitution provides that no law limiting the rate of inter- est for which individuals may contract shall ever be passed ; but that the General Assembly may declare the legal rate of interest upon contracts in -which no rate is specified. Where no rate of interest is agreed upon, the rate of interest is six per cent., hut parties may agree in writing for the payment of not exceeding ten per cent, on money due. Jildgiliciits, and l,ien of.— Judgment may be taken in vacation, in demands for money only, after twenty days' service. Judgments in the ou-ouit court are liens on the real-estate of the defendants, situated in the county for which the court is held. Judgments of a justice of the peace become a lien on the real-estate of the defendant, by filing a transcript of such judgment with the clerk of the circuit court. Lien of MeclianiCS, &C. — Mechanics and material men have a Hen on buildings for work, materials and money, done, used and advanced for the owner, paramount to all other liens. A just and true account, verified, of the work and labor done and of the materials furnished, or cash paid for materials, and the amount justly' due after all credits given, must be filed with the clerk of the circuit court of the county in which the building is situated, vrithin three months after the lien shall have accrued. The lien is enforced by scire facias. All laborers have a like lien on the product of their labor. ^.imitation of Actions. — Actionsforreoovery of lands must be brought within seven years after the right to commence the action shall accrue ; or in case of disability to commence the action by reason of being an infant, feme covert or ?wn compos mentis, within three years after removal of such disability. Actions of debt founded on contract or liability (not in writing); actions for arrearages of rent (not reserved by some instrument in writing); actions of ac- count, assumpsit or on the case, founded on any contract, or liability, express or implied, not in writing, actions for trespass on lands, for libels, for taking or injuring goods or chattels, must be brought within three years from the time the cause of action shall accrue. Actions of replevin for wrongfully taking goods and chattels must be brought within one year ; actions on promissory notes, and other instruments in writing, not under seal, within five years; and actions on bonds, writings under seal, and judgments and decrees, within ten years after the cause of action shall accrue. The constitution of 1868 pro- vides that " private seals are hereby abolished, and hereafter no distinction shall exist between sealed and iinsealed instruments concerning contracts between individuals." Married Women. — The real and personal property of any female in the state, acquired either before or after marriage, whether by gift, grant, inherit- ance or otherwise, is her separate estate and property, and may be devised and bequeathed by her ; and is not liable for the debts of her husband unless en- trusted to his management otherwise than as her agent. LAWS OF ARKANSAS. 41 Notes, Bills ami Protest. — Acceptance of bill must be in writing. A person upon whom a bill is drawn, and to whom it is delivered, ia deemed to have. accepted it if he destroy it, or refuse to return it within twenty-four hours. The protest made by. a notary public, under his hand and seal, is evidence of the facts therein contained. Taxes on personal property must be pa'.d by the 31st day of January, and on real-estate by the 28th day of February in the year next succeeding that in which they are assessed. If not paid within the time required by law, fifty per cent, penalty is added. If the taxes on lands are not paid within the time re- quired they are advertised for two weeks and sold. Lands may be redeemed at any time within two years, and minors, married women, insane persona, and persons in captivity are allowed two years after the removal of their disabilities in which to redeem. Persons redeeming must pay the amount of taxes for which the land was sold, penalty and cost, taxes afterward' paid by the purohaseri interest on these sums at the rate of one hundred per cent, per annum and one dollar costs. Wills. — Every person of twenty-one years of age and upwards, of sound mind, may devise real and personal estate by will ; and every person over the age of eighteen years may devise goods and chattels. Wills must be in writing signed by the testator or by some person by his directions, in his presence, and attested by two or more competent witnesses subscribing their names to the will in the presence of the testator. — Nuncupative wills are only good when the estate bequeathed does not exceed five hundred dollars in value. Witnesses. - Witnesses are not excluded on account of interest. Parties may testify in all eases where the opposite party is not the representative of a deceased person, and the controversy is as to a matter which occurred in the life- time of the deceased; but in such ease the court may, in its discretion, allow a party to testify. Certificates of Ackiiowlctlgiiieiit, &c., of Deeds. 1. By a grantor known to. the officer. State of« } gg . County of ) On this day of in the year of our Lord one thousand eight hundred and before me [name and tide] appeared in person A. B.* to me personally well known as the person whose name appears upon the within [and foregoing] deed of conveyance as the party grantor, and stated that he had executed the same for the consideration and purposes therein mentioned and set forth, and I do hereby so certify. Witness my hand and official seal, the day of 18 . [Seal.] [Signature.] •42 LAWS OF ARKANSAS. 3. By a grantor not personally krio-wn to tlie officer. [As above to Hie*] wto being personally unknown to me. -was, by tlie oaths of O. P. and Q. R. -witQesses to me known, and duly sworn and examined by me as to his identity, proven to my satisfaction to be the identical A. B. whose name appears upon the foregoing deed of conveyance, as the party grantor, and stated [continue as above.'] 3. Acknowledgment by husband and wife, of a joint deed of the wife's land. [As in form 1 to tlie'''] to me personally well' known as one of the parties grantor in. the within deed of conveyance, and stated that he had executed the , same for the consideration and purposes therein mentioned and set forth, and I do hereby so certify. And I further certify, that on this day voluntarily ap- peared before me, C. B., wife to said A. B., to me well known [or as in the ■second form] to be the person whose name appears upon the jvithin [and foregoing] deed, and, in the absence of her said husband, the contents of said deed being by me explained to her, declared that she had of her own free will executed the same for the purposes therein contained and set forth, without compulsion or undue influence of her said husband. [In ease of a joint deed for husband's land, the wife's acknowledgment is as above; to the loords "own free will," then add " signed and sealed the relinquish- ment of dower therein expressed, without," &e., as above.] 4. Proof by subscribing witness. State op County of Be it remembered, that on this day of b afore me, [name and title of officer] personally appeared 0. P., one of the subscribing witnesses to the foregoing deed, to me personally well known, who being by me first duly sworn, on his oath stated, that he saw A. B., grantor in said deed, subscribe and seal the same, on the day of its d ite, as his act and deed, (or that said A. B., grantor, in said deed, acknowledged to him, on the day of 18 , that he had subscribed, sealed, and executed said deed\ for the us&, purposes and consideration therein expressed, and that he and Q. R., the other subscribino- witness, subscribed the same as attesting witnesses at the request of the said grantor. Insti'uctions and Forms ifor taking Depositions. The csrtifioate of the officer must state the time and place of taking the deposi- tion ; that the witness was duly sworn before he gave his testimony, and that his testimony was written, and read to, and subscribed by him, in the presence of the officer ; and also state by whom it was written, and which of the parties, in person, or by agent or a,ttorney, was present at the examina';ion of the witness. LAWS OF AEKANSAS. 43 When the depositions are completed, they shall he sealed up hy the officer, and directed to the clerk of the court in which the action is pending, with an indorse- ment thereon, showing them to be depositions, and the style of the case, and either delivered or mailed to the clerk by the officer taking them ; except that depositions taken out of the State, sealed and directed as above, may be de- livered to the party taking the same, his agent or attorney, to be by him delivered, such person so delivering them taking an oath that they have not been opened by him, or other person, to his knowledge or belief. The statement of the witness must be written in the presence of the officer taking it, either by the witness or the officer. The officer will have the witness before him at the time fixed by the notice or agreement of counsel ; and will swear him (or cause biTn to affirm), to testify the truth, the whole truth, and nothing but the truth, in regard to the matter in controversy betwean (the plaintiff) and (the defendant) in the court. Commence as follows : CAPTION. " Depositions of witnesses, taken and subscribed before me [name and title] on the day of A. D., 18 , between the hours of A. M., and P. M., of said day, at in county, and State of in pursuance of a commission hereto an- nexed, and to be read as evidence in a certain cause now depending in the of the county of in the State of Arkansas, wherein A. B. is plaintiff and C. D. is defendant, on the part of the "E. F., a witness, at the time and place aforesaid produced before me, and 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 aforesaid, did then and there, on his oath aforesaid, depose as follows, to wit:" Then write down his answers or his statement. If it is merely a statement, write it in his own words, in the first person. If interrogatories accompany the commission, say : "To the first interrogatory he answers, that, &c.;" and so pro- ceed with all the interrogatories ; then his answers to cross-interrogatories, in the same way. If papers are referred to, let- them be referred to in the deposition, as "The paper marked A, &c., hereto annexed ;" and indorse on such paper " This paper is marked A, referred to in the deposition of E. F., hereto annexed ;" which must be signed by both the commissioners and the deponent. The commissioner must sign his nalne 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 produced, proceed as follows : " And at the same time and place, be- fore me also appeared G. H., a witness, who being by me first duly sworn,'' &c., and proceed as with the first witness. 44 LAWS OF ARKANSAS. When all tlie depositions are concluded, indorse on the commission, " The exe- cution of this commission appears by the schedule hereto annexed," and sign it officially, and at the end of the depositions make a certificate, thus : CERTIFICATE. " State op ' ' County of "I, do hereby certify that the foregoing depositions of E. F., and G. H., were taken before me^ on the day of A. D., 18 , between the hours and at the place in the caption hereof above mentioned; that the testimony of each of said deponents, who was duly sworn before testifying, was written and read to theja in my presence, and by them respectively sworn to and subscribed in my presence, at the time and place aforesaid, and that said depositions were written by and that ' was present (by attorney), at the examination. In testimony whereof, I, do hereunto set my hand and affix my official seal, at aforesaid, this day of A. D., IS [Name and title.] [Seal.] The commission, notice, interrogatories, depositions, and papers referred to, must be fastened together and enclosed in an envelope, and directed to " The clerk of the Court, Arkansas," endorsed, "Depositions in the case of A. B. v. C. D., on the part of the ." The package must be sealed, and across each seal the commissioner must write his name. He must then (if it be sent by mail) indorse it thus : "Deposited this package in the post-office at this day of ' A. D., 18 ; '' or, if delivered to an individual, " Handed this package to this . day of A. D. IS , to.be conveyed to its destination;" and sign this certificate. COURTS OF ARKANSAS. THE SUPREME COURT. The suprame court has appellate juriadietion over the final orders and judg- ments of all other courts of the State ; but an appeal does not lie to this court ■when the action or proceeding is for the recovery of money or personal property, and the matter in controversy does not exceed fifty dollars, nor from a judg- ment, unless exceeding fifty dollars, nor from a judgment of divosce, nor from a judgment of the county court, city or mayor's court, or justices' court, when an appeal is given to the circuit court. The supreme court has also power to issue writs of habeas corpus, and other remedial writs. GJiief Justice: — John McClure; residence. Little Rock. Associate Justices: — Lafayette Gregg, of Fayetteville ; William M. Harrison, of Piae Bluff; John E. Bennett, of Helena; Elkanan J. Searle, Arkadelphia. Attorney- Oeneral: — J. R. Montgomery; Clerk and Reporter, N. W. Cox, of Little Rock. Terms:— A.t Little Rook, Eirst Monday in June and December. CIRCUIT COURTS. The circuit courts have original jurisdiction of all actions and proceedings for the enforcement of civil rights, or redress of civil wrongs, where the amount in controversy is not less than two hundred dollars. They have appellate juris- diction of judgments of probate and county courts ; and also of justices of the peace, when the amount in controversy is twenty-five dollars or upward. The State is divided into ten circuits. There are two terms of the circuit court in each county, annually, one in the spring and one in the fall. The circuit judges are: - lat district, M. L. Stephenson ; 2nd, Wm. C. Hazle- dine; 3rd, Eliaha Baxter; 4th, James H. Huoklebery; 5th, E. D. Ham; 6th, Wm. N. May; 7th, John Whytock; 8th, T. a. T. Steele; 0th, G. W. McCowan; 10th, H. B. Morse. CotlMty Courts. — A county court is established in each county, having ' jurisdiction in all matters ralating to county taxes, disbursements of money for county purposes, and in all other cases necessary to the internal improvement ■ and local concerns of the respective counties ; the appointment of overseers of 46 LAWS OF CALIFORNIA. roads, erection of bridges, granting of licenses, &c. These courts are held by the county judge and any two or more of the justices of the peace of the county, such judge and two justices forming a quorum. These courts have, generally, three or four terms in a year. Probate Courts. -- They have the jurisdiction usually exercised by courts of probate. Justices' Courts. — In civil suits, in matters of contract and replevin, they have exclusive original jurisdiction when the amount in controversy does not exceed |300, and concurrent jurisdiction with the circuit courts when such amount does not exceed $500. LAWS OF CALIFORNIA, RELATING TO CIVIL ACTIONS, DEEDS, WILLS, &a. PREPARED FOB THIS WORK BY E. THOMPSON, Esq., OF SAN FRANCISCO, OAL. Actions.— Ciml actions are governed by a code adopted in 1850, generally taken from that of New York, in which there is but one form of action, which must be brought in the name of the real party in interest. Actions by assignees are without prejudice to set-offs, &c., except on negotiable paper assigned be- fore due. When there cannot be a complete determination of tJie controversy without prejudice to the rights of others, the court orders them to be brought in. Elace of Trial. Actions for the recovery of real property, or an interest therein,' or damage thereto, or for partition thereof, and for the foreclosure of a mortgage thereon, must be tried in the county in which the subject of the ac- tion, or some part thereof, is situated, subject to the power of the court, for good cause shown to change the place of trial. Actions for a penalty or forfeiture, imposed by statute, or against a public officer, must be tried in the county where the cause, or some part thereof arose, subject to be changed by the court. In other cases it must be tried in the county where the defendaats, or some of them resided at the commencement of the action, or where the debt was contracted. No suit is dismissed because brought in the wrong county. It Is, on motion, transferred to the proper county for trial. Actions are commenced by filing a complaint and issuing a summons thereon. Filing a complaint stays the statute of limitation, and entitles the plaintiff to a summons thereon at any time within one year thereafter. If summons is served within the county, the tiitie to an- swer is ten days; out of the county, but within the district, twenty days; in other cases, forty days. The summons must be served personally or by publica- tion. When by publication, on a defendant out of the State, it must be pub- LAWS OF CALIFOKNIA. 47 lished for three months, and forty days are given to answer, in addition. In an action upon a' contract for the direct payment of money, (he court may appoint an attorney to appear for the non-resident, ahsent, or concealed defendant, and conduct the proceedings on his part, in place of publishing summons. Where the defendant resides out of the State, or has departed from the State, or con- ceals himself, so that personal service cannot he had, then service may be made by publication. Arrests. — The defendant may be arrested, as follows : (1) In an action for the recovery of money or damages on a cause of action arising upon contract ex- press or implied, when he is about to depart "from the State, with intent to defraud his creditors, or when the action is for wilful injury to person, character, or property. (2) In an action for a fine or penalty, or for money or property embezzled, or fraudulently misapplied, or converted to his own use, by a public ofEcer or an attorney, factor, broker, agent, or clerk, in the course of his employ- ment as such ; or by any other person in a fiduciary capacity, or for misconduct or neglect in office, or in a professional employment ; or for a wilful violation of duty. (3) In an action to recover tie possession of personal property, unjustly detained, when the property or any part thereof, has been concealed, removed, or disposed of, so that it cannot be found or taken by the sheriff. (4) When he has been guilty of a fraud in contracting the debt, or incurring the obligation for which the action is brought ; or in concealing or disposing of the property for the taking, detention, or conversion of which the action is brought. (5) When he has removed or disposed of his property, or is about to do so, with intent to defraud his creditors. The order of arrest may be obtained from a judge of the court in which the action was brought, or from a county judge, when it is made to appear to the judge by affidavit that a sufficient cause of action exists and that the case is one of those above mentioned. An under- taking must be given, with sufficient sureties, in a sum not less than five hundred dollars. Attachments. — The plaintiff may have the property of the defendant at- tached, in an action upon a contract, express or implied, for the direct payment of money, which contract is made or is payable in the State, and is not secured by niortgage, lien, or pledge upon real or personal property ; or is so secured, when such security has been rendered nugatory by the act of defendant, and also in an action upon a contract, express or implied, against a non-resident defend- ant. The clerk of the court will issue the writ upon plaintiff's making the proper affidavit, and upon receiving a written undertaking on the part of the plaintiff in a sum of not less than two hundred dollars, for payment of costs and damages, should the defendant recover judgment. Claims ag:ainst Estates of Persons Deceased.— Executors and administrators are required, immediately after appointment, to publish a notice to creditors of the deceased, to exhibit their claims with vouchers, within ten months after first publication of the notice. Claims not presented within such ten months are forever barred ; but if not then due, or if contingent, they may be presented within ten months after becoming due or absolute ; and upon satisfactory proof that the claimant had no notice by reason of his being out of 48 LAWS OF CALIFORNIA. the state, he may present Ms claim at any time before a decree of distribution is entered. Deeds, Mortgages, AcltnoAi'ledgiiient, Recording. — Convey- ances of lands, or of any interest therein, may be made by deed, signed by the person from whom the estate is intended to pass, being of lawiul age, or by his lawful agent or attorney, and acknowledged, or proved and recorded. A hus- band and wife may, by their joint deed, convey the real-estate of the wife in like manner as she might do by her separate deed if she were unmarried. A scroll is a sufficient seal, if the intent to affix it is expressed in the body of the instru- ment. Two witnesses are usuaf, but a deed which is acknowledged does not re- quire any witness. The certificate may be annexed or indorsed ; and, if made by a judge or clerk, must be attested under his hand and the seal of the court ; and, if by an officer who has a seal of office, under such seal. The certificate of the acknowledgment of a married woman must state that she was made acquainted with the contents of the conveyance, and was examined separately. Every con- veyance in writing, whereby any real-estate is conveyed or may be affected, may be acknowledged or proved, and certified by one of the following officers : — 1st. If acknowledged or proved within the State, by some judge or clerk of a court having a seal, or a notary public, or county recorder, or by a justice of the peace of the proper county, where the conveyance is executed. 2d. If acknow- ledged or proved without the State, and within any State or Territory in the United States, by a judge or clerk of any court of the United States or of any State or Territory having a seal, or by a commissioner appointed by the Grovemor of this State for that purpose. No acknowledgment of any conveyance whereby any real-estate is conveyed or may be affected, shall be taken, unless the person offering to make such acknowledgment shall be personally known to the officer taking the same, to be the person whose name is subscribed to such conveyance as a party thereto, or shall be proved to be such, by the oath or affirmation of a credible witness. Every conveyance of real-estate, and every instrument of writing, setting forth an agreement to convey any real-estate, or whereby any reai-estate may be affected, proved, acknowledged, and certified as above pre- scribed, to operate as notice to third persons, shall be recorded in the office of the county in which such real-estate is situated ; but shall be valid and binding between the parties- thereto, without such record. Every such conveyance recorded as above provided, shall, from the time of filing the same with the recorder for record, impart notice to all persons of the contents thereof, and sub- sequent purchasers, mortgagees, and lien holders shall be deemed to purchase and take with notice. If a conveyance of real-estate within this State is not recorded, it shall be void as against any subsequent purchaser, purchasing in good faith and for a valuable consideration of the same real-estate, or any por- tion thereof, where his own conveyanse shall be first duly recorded. Depositions. — The deposition of a witness out of this State shall be takt-n upon commission issued from the court, under its seal, to any person agreed upon by the parties, or if they do not agree, to such person as the judge may select, or to a commissioner appointed by the G-overuor of this State to take affidavits and depositions in other States. Such depositions may be taken upon interrogatories prepared by the parties ani settled by the judge granting the LAWS OF CALirOENIA. 49 commission, or -when the parties agree, the examination may be without written interrogatories. ^Execution and Stay of.— Executions may issue on judgments for the recovery of money within fiTe years, and in other cases may be carried into execution after that time by leave of the court, upon motion. Execution may be stayed by order of the court for good cause shown for a reasonable time. An appeal stays execution by executing a sufficient bond. All real property sold on execution, except the estate therein is less than two years, is subject to re- demption by the judgment debtor or his successor in interest, or a creditor of the judgment debtor, within six months, by paying the purchase money and all taxes which the purchaser may have paid, and twelve per cent, thereon. It may be redeemed from the redemptioner by the judgment debtor, or another redemp- tiouer, within si*ty days after redemption, by paying redemption money and four per cent, thereon. Exemptions and Homestead Laws. — The law exempts from execution the following property, unless otherwise provided for : — Ist. Chairs, tables, desks, and boolss, not exceeding two hundred dollars in value. 2d. Necessary household furniture, sewing machine, wearing apparel, etc., and pro- visions sufficient for f5|,mily use for one month. 3d. Farming utensils, two oxen, or two horses, or two mules and harness, four cows, and food for such horses, oxen, cows, or mules for one month, a cart or wagon, and seed grain or vege- tables, not exceeding two hundred dollars in value. 4th. Tools or implements of mechanics, necessary to carry on trade ; instruments and chests of doctors, surveyors, or dentists, with their scientific and professional libraries ; also libraries of attomeys-at-law or ministers of the gospel. 5th. The cabin or dwell- ing of a miner, not exceeding in value the sum of five hundred dollars, with tools, sluices, etc., necessary for his business, not exceeding in value the sum of five hundred dollars ; also two horses, mules, or oxen, and food for such horses, oxen, or mules for one month, when necessary to be used for any windlass, etc. 6th. The earnings of the judgment debtor for services rendered within thirty days previous to levy of execution or attachment, if necessary for the support of his family residing within the State, supported wholly or in part by his labor. The homestead, not exceeding in value the sum of five thousand dollars, selected and recorded by husband and wife, or either of them, is exempted from execu- tion. No exemptions from execution for purchase price. Interest. — When there is no express contract, in writing, fixing a different rate of interest, interest shall be allowed at the rate of ten per cent, per annum, for all moneys after they become due on any bond, bill, promissory note, or other instrument of writing; and for money due on the settlement of accounts, from the day on which a balance is ascertained, and for money received for the use of another ; and the rate of interest on any judgment recovered before any court of this State, for money lent, shall be seven per cent, per annum. Parties may agree in writing for the payment of any rate of interest whatever, and it shall be allowed until entry of judgment. 4 50 LAWS OF CAXIPOENIA. JTudgiiiciitS, and lien of. - Judgments, when recorded, become alien on all real-estate situated in the county belonging to the judgment debtor, not ex- empt from execution. Transcripts may be filed in other counties and a like lien acquired. Transcripts from justices' courts may be filed in the county clerk's office, and judgments there entered thereon, and transcripts filed in other coun- ties to secure a lien thereby. All those liens by judgments continue in force for two yeara. liien, of mCecIianics, etc.— Mechanics, laborers and material-men have .liens upon structures, &o., erected by them, or for which they have furnished material. Notice of lien must be filed, and when foreclosed it must be done in the district court. A reasonable attorney's fee is allowed the plaintiff for fore- closing such lien. liiniitation of Actions. Actions for the recovery of real property, or for the rents or profits, or for possession thereof, or upon a judgment, must be brought within five years: actions upon instruments in writing, within four years : actions for trespass upon real property, for taking, detaining, injuring, or for the recovery of personal property, or for fraud, within three years : actions upon contracts not in writing, or against a sheriflF, or other officer for acts com- mitted or omitted in their official capacity, or on an open or store account for goods sold, within two years. An action upon a judgment, contract, obligation or lia- bility obtained, executed or made out of the State, must be commenced within two years after the cause of action accrues. If the person entitled to commence suit is within the age of majority, insane, imprisoned on a, criminal charge, or under conviction of a criminal offence for a term less than life, or a, married woman, and her husband be a necessary party with her in commencing such action, the time of such disability is not deemed any portion of the time limited. If, when the cause of action accrue against a person, he is out of the state, the action may be commenced within the term of limitation after his return ; and if he depart from the state after the cause of action accrue, the time of his absence is no part of the time limited. Married 'Women. -AU property, both real and personal, of the wife, owned by her before marriage, and that acquired afterward by gift, bequest, de- vise or descent, is her separate property. AU property acquired after marriage by either husband or wife, except such as may be acquired by gift, bequest, de- vise or descent, is common property. The husband has the management and control of the separate property of tlie wife during the continuance of the mar- riage, but neither the real nor personal property of the wife can be sold, assigned or transferred unless both husband and wife join in such sale, assignment, or transfer. The husband has the entire management, with absolute power of dis- position, of the common property, and the rents and profits of the separate estate of either husband or wife are deemed common property; but upon the death of the husband the wife is entitled to one half of the common property, after pay- ment of debts and expenses of admiustration; In case of divorce, the common property shall be equally divided between the husband and wife, except when the divorce is granted on the ground of adultery or extreme cruelty, in which case the court' apportions the property in its discretion. The separate property LAWS OP CALITOENIA. 51 of the husband ig not liable for the debts of the wife contracted before the mar- liage, but the separate property of the wife is liable. Insurance on the hus- band's life, for wife's benefit, iu a company incorporated in this state, is free from creditors or representatives of husband, if annual preiaium shall not ex- ceed three hundred dollars. A married woman may dispose of her separate estate by will, absolutely, without the consent of her husband ; her will to be attested, witnessed and proved as other wills. IVotes, Bills, and Protest. -An acceptance must be in writing. Three days of grace are allowed, except on sight bills or drafts and any one of the holi- days coming within the three days of grace shall be counted as one of such days. The holidays are, the first day of January, fourth of July, and twenty-fifth of December. Negotiable instruments falling due on Sunday, Thanksgiving day, or any of the holidays above named, are payable on the day previous. The original protest of a notary public, and the certificate drawn from his record, are prima facie evidence of the facts therein contained. Taxes. - The tax collectors make out, in each year, lists of taxes delinquent on the third Monday of November, and the district attorneys of the several counties commence actions for such taxes, after twenty days' notice by the au- ditor that such delinquent taxes are deposited with the district attorneys. Upon recovery of judgment and sale of the real-estate, the same may be redeemed as in case of sale upon execution. Wills.— Every person over the age of eighteen years, of sound mind, may, by last will, dispose of all his estate real and personal. No will, except such nuncupative will, as is hereinafter mentioned, shall be vaJid, unless itbe in writing, and signed by the testator or by some person in his presence and by his express direction, and attested by two or more competent witnesses, subscribing their names to the will in the presence ' of the testator. No nuncupative will shall be good, when the estate bequeathed exceeds the value of five hundred dollars, nor unless the Same be proved by two competent witnesses, who were present at the making thereof, nor unless it be proved that the testator, at the time of pronouncing the same, did bid some one present to bear witness that such was his wiU, or to that effect, nor unless such nuncupative will was mad.e at, the time of the last sickness, and at the dwelling house of the deceased, or where he or she had been residing, for the space of ten days or more, except where such per- son was taken sick from home and died before his or her return. But a soldier in actual service, or a mariner on shipboard, can dispose of his wages or other personal estate by a nuncupative will. A nuncupative wiU must be proved within six mouths after speaking the testamentary words, and must be reduced to writing within thirty days after they were spoken. No will made in any other of the United States, or in any foreign country or State, shall be deemed valid as a will in this State, unless executed according to the above provisions. Aliens ca^ inherit and hold by inheritance real and personal estate in as full a manner as citizens but a non-resident alien must claim such real-estate within five years, or it will be sold, and the proceeds held for his benefit for five years, and if not then claimed, will become property of the State. 52 LA.WS OF CALIFOENIA. Witnesses. — All persons, except as herein specified, may be -witnesses in any action or proceeding. No person is disqualified on account of his religious opinions, or hy reason of interest. A party to the action cannot testify when the adverse party is the representative of a deceased person, and the facts to be proved transpired before his death. Persons of unsound mind, children under ten years of age, who, in the opinion of the court, appear incapable of receiving or relating just impressions of the facts ; Mongolians, Chinese, or Indians, or persons having one-half or more of Indian blood, in an action wherein a white person is a party; and persons against whom judgment has been rendered upon a conviction for a felony, unless pardoned, cannot be witnesses. A husband may be witness for or against his wife, and a wife for or against her husband ; and when they are parties to an action, they may be examined as witnesses in their own behalf, or in behalf of each other, or in behalf of any of the p9,rties; but this does not apply to cases of divorce, nor is either of them competent or compellable to disclose any communication made by the other during marriage. Communications between client and attorney; confession to clergyman or priest, and information acquired by physicians while attending their patients, are not to be disclosed. In any action a witness may be discredited or im- peached, and for such purpose his general character for truth, honesty and in- tegrity may be inquired into. Certificates of Acknowledgfinent, &c., of Deeds. 1. BY ONE OB MOKE GKANTOKS KNOWN TO THE OFFICER. State of J County of ) I hereby certify, that on this day of 18 , before me [name and title], in and for said county, pertoually appeared* the with- in named A. B., to me personally tnown to be the person described in and who executed the within \m' annexed] instrument, and who acknowledged that he ex- ecuted the same freely and voluntarily, and for the uses and purposes therein mentioned. [Ssfrf.] [^Signature and title.] 3. BY HUSBAND AND WIFE. [As in form 1 to the *] A. B. and C. B., his wife, personally kuovm to me to be the persons described in and whose names are subscribed to the within [or an- nexed] instrument as parties thereto, and severally acknowledged that they exe- cuted the same freely, and voluntarily, for the uses and purposes thereinmentioned. And the said C. B., having been by me first made acquainted with the contents of said instrument, acknowledged on an examination, had by me, apart from and without the hearing of her husband, that she executed the same freely and voluntaiily, without fear or compulsion, or undue influence of her husband, and that she does not wish to retract the execution of the same. LAWS OF CALIFORNIA. 53 8. BY A aBANTOB NOT PBBSONALLT KNOWN TO THE OFFICER. [As in form 1 to the*] A.B. Batisfaotorily pi-oTedto me to be the person described m and who executed the within [or annexed] instrument as a party thereto, by the oath of C. D., a competent and credible witness, for that purpose by me duly sworn; and the said A. B. acknowledged (&o., as in form 1). 4. PBOOF BT SUBSCKIBING WITNESS KNOWN TO THE OFFICEB. [Asinform 1 to the *] C. D., whoisacompetent andorediblewitness, and whois personally known to me to be the person whose name is subscribed to the within [or annexed] conveyance, as a witness thereto; and said CD. being by me duly sworn, stated on oath that he personally knew A. B., who executed the said instrument, and that he knew bixn to be the person described in, and whose name is subscribed to the same as a party thereto ; and that on or about the day of 18 , the said A. B., in the presence of said 0. D. [and of E. F., the other sub- scribing witness], voluntarily executed the same [or to them acknowledged that he had freely and voluntarily executed the same], for the uses and purposes therein mentioned ; and that said C. D. thereupon subscribed his name thereto as a "wit- ness thereof, at the request of said A. B. [and that such other witness subscribed his name thereto, as a witness in his presence]. 0. PEOOF BY SUBSCRIBIXG WITNESS NOT KNOWN TO THE OFFICEB. [As in form 1 to the *] CD., who is a competent and credible witness, and who is satisfactorily proved to me to be the person whose name is subscribed to the within [or annexed] instrument as a witness thereto by the oath of X. T., and said C D., being by me duly sworn, stated on oath that he personally knew A. B. who executed the said instrument, and that he knew him to be the person de- scribed in, and whose name is subscribed to the same as a party thereto ; and that on or about the day of 18 , the said A. B., in the presence of said C D., and in the presence of E. 'E., the other subscribing witness, voluntarily exe- cuted the same [or to them acknowledged that he had freely and voluntarily exe- cuted the same], for the uses and purposes therein mentioned ; and that said C D. thereupon subscribed his name thereto as a witness thereof, and at the re- quest of said A. B. [and that such other witness subscribed his name thereto, as a witness, in his presence]. 54 COURTS or califoknia. Instructions and Forms for Taking Depositions. The witness must be first Bworn by the commissioner, and, when the deposition is written down, it should be read over to him and corrected by him, if he de- sices; and he must subscribe the deposition. The certificate of the commissioner should state that the witness was sworn, the deposition read over to him and corrected by him [or that he did not desire to make any correction], and that he signed it. The deposition should be enclosed in a sealed envelope, directed to the clerk of the Court. The forms for Arkansas will supply any further in- formation which may be desired. COURTS OF CALIFORNIA. SUPREME COURT. This court has original jurisdiction in granting writs of lidbeas corpus, certiorari, and mandamus, and appellate jurisdiction in all cases of which the district, county, or probate courts have original jurisdiction. OJiief Justice, J. B. Crockett, of San Francisco. Associate Justices, William T. Wallace, of San Jose ; Jackson Temple, of San Eranoisco ; A. C. Niles, of Nevada ; and Augustus L. Rhodes, of San Jose. Reporter, R. Augustus Thomp-. son, of San Eranoiseo. Glerk, Grant J. Taggart, of Shasta. AtUyrney-Qeneral, John L. Love, of San Eranoiseo. Regidar Terms. — At Sacramento, second Mondays of January, April, July, ' and October. DISTRICT COURTS. The district courts have original jurisdiction in all cases in equity ; in all cases at law which involve the title or possession of real property, or the legality of a tax ; and in all other cases where the demand amounts to three hundred dollars exclusive of interest. They have no appellate jurisdiction. Two or more terms of the district court are held annually in each county. COUNTY COURTS. County courts have jurisdiction of actions of forcible entry and detainer, and to prevent or abate a nuisance ; of proceedings in oases of insolvency ; and of such other cases as are not specially provided for. Also, appellate jurisdiction in aU cases arising in courts held by justices of the peace, recorders and other inferior municipal courts. There is no general law as to the time of holding county courts. PROBATE COURTS. Probate courts are held by the county judges (except in San Frtocisco), and have jurisdiction of all matters affecting estates of deceased persons, or minors. The probate court is deemed to be always open. JUSTICES' COURTS. Courts held by justices of t'.ie peace have jurisdiction where the amount (ex- clusive of.interest) or damages claimed are less than three hundred dollars. LAWS OF CONNECTICUT, KELATING TO CIVIL ACTIONS, DEEDS, WILLS, &c., PREPARED FOR THIS WORK BY THE EDITOR, WITH THE AID OF. CHARLES W. SHELTON, Esq., op NEW HAVEN, CONNECTICUT. Kevised Statutes. — The last revision -was in 1866. The practice is under the common law, modified in some oases by statute. Actions. — Process in ci-vil actions is by summons or attachment ni writing The writ must describe the parties and the court, and mention the time and place of appearance, be accompanied with a declaration containing the cause of action, and be signed by the governor, lieuteDant-govemor, a senator, justice of the peac3, commissioner of the superior court, judge, or clerk of the court to which it is returnable. The action is not deemed to bs commenced until service is made upon the defendant. Service, — AU writs and processes returnable to the supreme court of errors must be served at least thirty days before the sitting of the court; if to the superior court or a court of common pleas, at least twelve days inclusive before said day ; and if to a justice of the peace, at least six days inclusive. AU process returnable to a justice of the peace must be made return- able within thirty days from the day of service thereof, otherwise it shall be void. A summons is served by the ofE3er's reading the same, in the hearing of the defendant, or by leaving an attested copy thereof at his place of usual abode. ' Arrests. — Per.ons may be arrested f jr fraud in contracting debts, conceal- ing their property, &o. Persons committed to jail on civil process may be re- lease:!, on taking an oath that they have not any estate, real or personal, of the value of seventeen dollars, or sufBcient to pay the demand for which they are imprisoned, except what is by law exempted from being taken on execution ; and that they have not sold, or otherwise disposed of, any of their estate, to secure the same or to receive any advantage therefrom, or to defraud their creditors. Attaclinient. — An attachment is served by attaching the goods and chattels of the defendant, or, if none can be found, by attaching the person when liable to attachment, or the lands of the defendant. If the plaintiff is not an inhabitant of the State, or it appears to the authority signing the writ that he is unable to 56 LAWS OP CONNECTICUT. pay the coats, if a recovery is had against him, then, whether the suit be a sum- mons or attachment, a, bond is required from some responsible inhabitant, to answer all damages in case he fails to make his plea good. Garnishment. — The goods or effects of a debtor concealed in the hands of his attorney, factor or agent, so that they cannot be attached, or debts due from any person to such debtor, are attachable by process of foreign attachment. The attachment holds until the execution is levied, provided it be levied -within sixty days after final judg- ment, when personal estate is attached, and within four months when real estate is attached. Claims agrainst tl»e Estate of Persons Deceased,— The courts of probate have power to direct executors and administrators to cite the creditors of the deceased, to bring in their claims against his estate within such time as the court shall limit, not exceeding eighteen months, nor less than six months ■ If a creditor neglect to exhibit his claims within the time limited, after public notice given, he shall be barred of his demand ; but non-resident creditors may exhibit their claims against an estate which has not been represented insolvent, at any time within two years after such notice ; and when a right of action accrues after, the death of the deceased, it must be exhibited within twelve months after it accrues. If an executor or, administrator disallows a claim, suit must be brought thereon within four months after notice of such disallowance. When an estate is represented to be insolvent, commissioners are appointed to receive and decide upon the claims of creditors. The court of probate allows six, ten or eighteen months, as the circumstances of the estat^may require, for creditors to exhibit their claims. Claims not exhibited within the time limited are barred, unless the creditor can show some estate not before discovered and embraced in the inventory. Claims against such estate (after allowing to the widow her dower, and necessary household goods), are to be paid in the following order : 1st. The funeral expenses, and expenses of settling the estate ; 3d. Debts due for the last sickness of the deceased ; 3d. Taxes and debts due to the State ; 4th. All other debts, as allowed, in proportion to their amounts. Deeds, Mortgages, Acknowledgment, Recording.— Deeds and mortgages must be subscribed by the grantor, and acknowledged before a justice of the peace, notary public, judge of some court of the State or of the United States, commissioner or other officer having power to take the ac- knowledgment of deeds ia any State, town clerk, or judge of probate ; in any foreign country, before any United States consul or minister, resident in, or be- fore any notary public, or justice of the peace, of such country. A soroU, or the word "seal," is a sufficient seal for a deed. There should be two subscribing witnesses : but there is no provision of law allowing proof by witnesses. Married women need not be separately examined, and need not sign the deed with their husbands if their only interest in the property is that of a. dower. Deeds exe- cuted in another State or Territory may be executed and acknowledged there, in accordance with the laws thereof; but both execution and acknowledgment must be so. Execution in New York, with but one witness, and acknowledg- ment there before a Connecticut commissioner, is insufficient. Deeds and mortgages of houses and lands must be recorded at length, by the town clerk of the town where such lands and houses are ; and no deed shall be accounted good LAWS OF CONNECTICUT. 57 and effectual to hold suet houses and lands against any other persons but the grantors and their heirs, unless recorded as aforesaid. Where deeds are executed by a power of attorney, such power of attorney shall be recorded with the deed. Leases for more than one year must be in writing, subscribed, attested by two witnesses, acknowledged, and recorded in the same manner as a deed. Aliens, if residents within the United States, may hold and transmit real estate. Mortgages are foreclosed by bill in equity, the decree being that if the mortgagor fail to pay the debt, interest and costs by the time limited in the decree, he sh&U be forever barred of all equity of redemption. A sale of the property is not ordered on foreclosure. Oluxttd Mortgages. — Machinery, engines or implements, situated and used in any manufacturing or mechanical establishment ; household furniture used by the occupant of a dwelling house having a family ; and hay deposited in any building, may be mortgaged by the owner, for the security of any debt or duty, and such mortgage be deemed good and effectual although the owner retain possession of the mortgaged property, provided such property be particularly described in such deed, and the deed be acknowledged and recorded as mortgages of land are required to be. Depositions. — "When any witness in a civil cause lives out of the State, or more than twenty miles from the place of trial, is going to sea, or out of the State, or by age, sickness, or bodily infinnity, is unable to travel to court, or is confined in jail on legal process, his deposition may be taken by any judge of the superior court, or of any court of probats, or by a justice of the peace, or a notary public, or commissioner of the superior court, provided reasonable notice shall be given to the adverse party, or his known agent or attorney, or left at his usual place of abode, to be present-at the time of taking such deposition. And depositions may be taken in any other State or country by a notary public, com- missioner appointed by the Governor of this State, or any magistrate having power to administer oaths. Whenever a party in a civil action shall be notified to appear at the taking of a deposition, he may, if he see cause, take depositions at the time and place designated in such notice, to be used in the same cause, without any further notice to the opposite party. When a deposition is taken in the absence of the adverse party, his agent or attorney, the party taking siioh deposition shall lodge it with the clerk of the court to which it is addressed, on the first day of the session of said court, for the inspection of the adverse party ; unless before that time he has delivered the same, or a copy thereof, to said ad- verse party. But the court may, in its discretion, direct that said deposition be lodged with the clerk at some subsequent time. And if this rule be not comp'ied with, such deposition shall not be read ia evidence. ExeciitioML and Stay of. -An execution can be prayed out at any time during the life of both parties. Executions are returnable within sixty days. They are granted against the goods, chattels, lands, and when the defend- ant is liable to imprisonment on the same, against the body of the debtor. No execution issued in an action founded on contract merely shall be levied on the body of the debtor, except in actions founded on promises to marry, on miscon- duct or neglect, in any office or professional employment, or in actions against a public officer, trustee, or person acting in a fiduciary capacity, to recover monies 58 LAWS OF COMTECTICUT. ooUeoted or received by him. No execution shall issue in the oise of a judgment rendered against an executor or administrator on the settlement of an insolvent estate. When sufficient personal estate cannot be found by the officer to satisfy the execution, it may he levied on the real estate of the debtor, which shall then b3 appraised by three indifferent freeholders, who shall set out to the creditor, by metes and bounds, so much of the lands as shall be sufficient to pay the debt and charges. Execution will be stayed in cases of foreign attachment, when it shall appear on the hearing of the scire facias that the debt due to the principal is not yet payable ; and upon a motion for a new trial, or upon a, case reserved for the advice of the supreme court of errors, or upon a writ of error, at the dis- cretion of the court. ^Exemption. — Necessary apparel, beds and bedding, household furniture, arms, implements of debtors' trade, one cow, of a value not exceeding one hun- dred and fifty dollars, ten sheep, of a value not exceeding one hundred and fifty dollars, two swine, twenty-five bushels of charcoal, two tons of coal, two hundred pounds of flour, two cords of wood, two tons of hay, two hundred pounds of beef, five bushels of potatoes or turnips, two hundred pounds of fish, ten bushels of com or rye, twenty pounds of wool or flax, one stove, the horse, buggy, har- ness, saddle, and bridle, of a practising physician (provided the value of the horse does not exceed two hundred and fifty dollars), the library of any person to the value of five hundred dollars, one sewing machine, and one pew in church, so much of any debt which has accrued by reason of the personal services or labor of the debtor, having a family which he is liable to support, as shall not exceed twenty-five dollars, and all allowances from benefit societies, shall be exempted from attachment and execution; promded, that in all suits for house-rent, provisions, wearing apparel or' fuel, only ten dollars shall be ex- empted, and no exemption shall be allowed upon debts for personal board. Interest. — The usury law was repealed by Act of July 3, 1873. In the absence of a written agreement, in regard to the rate of interest, the legal rate is six per cent. ; but parties may legally contract for any rate of interest, by agreement in writing. JTlnlglSient. — A judgment is not a lien. liieira of UlecBianics, &c. - Boarding-house keepers have a lien upon the baggage, goods, and effects of boarders for all sums due for board, and in the case of non-payment may sell baggage, el;o., at the expiration of sixty days. Mechanics having a claim for materials furnished or services rendered, exceed- ing the sum of twenty-five dollars, in the construction, erection, or repair of any building, have a lien on such building, and the land on which the same may stand, and said premises may be foreclosed in the same manner as if held by mortgage. A certificate, subscribed and sworn to, describing the premises, the amount claimed as a lien thereon, and the date of the commencement of the claim, must be lodged by the mechanic or contractor, with the town clerk of the town in which such building is situated, within sixty days after such building is finished, or he has ceased to labor thereon. Liens are also given on all the property of railroads, for materials furnished, or services rendered in construction. LAWS OF CONNECTICUT. 59" liiinltation of Actions.— No action shall be brought upon a bond, con- tract under seal, or promissory note not negotiable, but ■within seventeen years next after the same shall accrue ; and no action upon simple contracts, or of trespass on the case, shall be brought but within six years after the right of action shall accrue; provided, that persons legally incapable to bring an action at the accruing of a right of action may bring the same, in the case of specialties, within four years, and in the case of simple contracts, within three years, after their becoming legally capable to bring such action. No action founded on ex- press contracts, other than actions of book debt, or actions founded on proper subjects of book debt, not reduced to writing, and no action of, trespass or slander shall be brought but within three years next after the right of action shall accrue. Writs of error and petitions for new trial must be brought within three years after judgment. Actions against sheriffs and other officers for neglect of duty, must be brought within two years after the right of action shall accrue. Actions for forfeitures on any penal statute, and actions on bond for costs or on appeal, must be brought within one year. Actions for damages for loss of life from negligence of railroad companies, must be commenced within eighteen months from death of the person. The time during which the party against whom there may be any cause of action, shall be out of the State, shall be excluded from the computation. Married Women. — The interest of a married man in the real-estate of his wife, belonging to her at the time of their marriage, cr which she may have subsequently acquired by devise, descent, gift, or purchase, cannot be taken ijiy attachment or execution against him, during the life of the wife, or the life of , any child, the issue of such marriage. AU real-estate, conveyed to a married woman during coverture, in consideration of money or other property acquired by her personal services during such coverture, shall be held by her to her sole and separate use. The proceeds of the sales of the real-estate of a married woman, invested in the wife's name or in the name of a trustee for her benefit, are not liable for the husband's debts. If ■-• married woman is abandoned by her husband for three years she may convey her real-estate upon application to superior court. All the personal property of any married woman which she owns at the time of her marriage, and all that she acquires afterwards, by gift, descent, distribution, or her personal services, and all property derived from the sale or reinvestment of any such personal property, shaU vest in the husband, in trust for the wife, and upon the decease of the husband, shall vest in the wife, if living, or if not, in her devisees, legatees, or heirs at law. If the hus- band shall have paid debts of the wife before marriage, such amounts are to be allowed him on application to superior court. The husband is entitled to the rents^ profits, and interest of such estate during his life : and such rents, profits, and interest are not liable to be taken by any legal process for the debts of the husband during the life of the wife, except for debts contracted by him for the support of the wife and her children after such estate shall have vested in him as aforesaid. No sale or transfer by the husband of any such estate, or of his interest therein, is valid, without the vrritten conveyance of the wife, if living, or if she be dead, of those in whom her estate shall have vested. The court of probate may call such trustee to account, may require bond for the faithful per- formance of such trust, and may remove such trustee for cause. A husband 60 LAWS OP CONNECTICUT. abandoning his wife, abandons his rigiit to tbe control of her property and to the rents and profits of the same, and the wife so abandoned may transact business, and sue, and be sued, as a feme sole. The husband is not liable for the wife's debts incurred before marriage, but she is liable and may be sued as if single and unmarried, provided that the husband shall be cited to defend. Policies of insurance on the life of any person for the benefit of any married woman, inure to her separate use. When a married woman carries on business, and incurs any debt or obligation on account of the same, or executes any promissory note or other instrument in writing, either alone or jointly with her husband, for the benefit of her sole estate, or the benefit of the joint estate of herself and hus- band, she shall be liable for such debt or obligation and upon such note or in- strument, and may be sued either alone or jointly with her husband, and her property may be taken in attachment and execution as if she were unmarried. Deeds or other conTeyances of the real-estate of married women, executed by them jointly with their husbands, under their hands and seals, and by them ac- knowledged as required by law, and duly recorded, are valid and effectual to transfer such real-estate. Married women may dispose of their estate, both real and personal, by will, in the same manner as other persons. Notes, Bills and Protest. - Promissory notes for the payment of thirty- five dollars or more in money only, payable to any person or his order, or to bearer, are assignable according to the custom of merchants. Notes payable on demand, and remaining unpaid four months from date, are considered as over- due. Days of grace are not allowed upon a promissory note, bOl of exchange, or order payable within the State, at sight or on demand ; or upon checks. Pro- tests of inland biUs of exchange and promissory notes protested without the State, are admitted as prima facie evidence of the facts therein contained. A notice of the dishonor of negotiable paper, deposited, in due time, by the holder or his agent in the post office, addressed to a party thereto at the town in which he may reside, is sufficient notice of the dishonor, unless some other place is designate! for such purpose on the biU. Taxes. — When a collector has levied » warrant on real-estate for the pay- ment of taxes, he must advertise the time and place of sale, three weeks, at least six weeks before the time of sale, and then sell at public auction enough of said estate to pay the taxes and costs chargeable against the owner, and shall give to the purchaser a deed of warranty thereof, to be lodged in the office of the town clerk where the land lies, to remain unrecorded twelve months ; and if the owner from whom the tax was due, or any purchaser, mortgagee, creditor of such owner, or any person claiming any interest in the estate, shall within twelve months from the time of such sale pay or tender to the purchaser the purchase money, with twelve per cent, interest, such deed shall be void, and shall be delivered up to the person paying or tendering the money, who shall hold such estate as security, in the nature of a mortgage for the money paid, and twelve per cent, interest; but if the purchase money and interest shaU net be paid within such time, then the deed shall be recorded, and the title become confirmed in the purchaser, his heirs and assigns forever. Wills, i. — All persons of the age of twenty-one years, and of sound mind, may LAWS OF CONNECTICUT. 61 dispose of their real estate by •will; all persons of the age of seventeen years, and of sound mind, may dispose of their personal estate by will. All wills must be in writing, subscribed by the testator, and attested by three witnesses, all of them subscribing in his presence. Witnesses. — No person is disqualified as a witness, in any suit or proceed- ing at law or in equity, by reason of his interest in the event of the same, as a party or otherwise, or by reason of his conviction of a crime; but svioh interest or conviction may be shown for the purpose of affecting his credit. Any person accused of crime, or the husband or wife of such person, is, at his or her own re- quest, but not otherwise, a competent witness. Forms of Certificates of Acknowledgment, &c., of Deeds. State of , ) County of . ) ^^• Personally appeared A. B., the signer and sealer of the foregoing Instrument, and acknowledged the same to be his free act and deed, before me. In testimony whereof I have hereto set my hand and af- [seal] fixed my official seal, at , in said county, this day of , A.D. 18 . \_8ignaiiire and title.'] Instructions and Forms for taking- Depositions. The opposite party, or his attorney, must have reasonable notice, which shall be in writing, served by copy, and the original, with proof of service, annexed to the deposition. The officer must not be interested, or of counsel for either p?rty. The witness must first be sworn to testify the truth, the whole truth, and noth- ing but the truth, concerning the cause in question. The deposition may be taken in a narrative form, or in answer to questions written down. The officer must certify that the adverse party, or his agent, was present, (if so), or that he was notified, and state the reason of taking the deposition. He must also seal it up, direct it to the court where it is to be used, and deliver it, if desired, to the party at whose request it was taken. The party, his attorney, or any per- son interested, shall not write, draw up or dictate the deposition. Make a cap- tion, as follows : COUBT, COUNTY OF A-. B. ^ Ij A. B., of , of lawful age, being fi .., ^^j, t cautioned and sworn, do depose and say as follows : When the deposition is completed let the witness sign it. '62 COURTS or Connecticut. Certificate of Deposition. State op County of 5^ ss : the day of A.D. 18 Town of V as: Then personally appeared the above-named A. B., signer of the foregoing de- position, and after having been duly cautioned to speak the whole truth, and carefully examined, did subscribe the same and make oath before me that the same contains the truth, the whole truth, and nothing but the truth. The foregoing deposition is taken pursuant to the annexed notice, at the re- quest of the , to be read on the trial of an action pending before the Court, within and for the. County of , and State of Connecticut, in which action A. B. is plaintiff, and C. D. is defendant. The cause of taking this deposition is The adverse party was notified to be present at the taking of this deposition, and was present thereat, (or as the case may be). Address of Deposition. To the Hon. Court of the State of Connecticut, to be holden at , in and for the county of , in said State ; the within de- position taken and sealed up by me. E. F., A Commissioner for the State of Connecticut, resident in the State of COURTS OF CONNECTICUT. Supreme Court of Errors. This is the highest court in the State, and has final jurisdiction of all matters brought before it by way of error or complaint from the superior court and court of common pleas. It is composed of a chief judge and four associates. The judges of the supreme court are also judges of the superior court. Chief Judge, Thomas B. Butler, of Norwalk. Associate Judges, Jonathan D. Park, of Norwich ; Elisha Carpenter, of "Wethersfield ; L. F. S. Foster, of Nor- walk ; 0. S. Seymour, of Litchfield. Reporter, John Hooker, of Hartford. Superior Court. Jurisdiction. - The superior court has original jurisdiction in all eases in which the amount in demand exceeds five hundred dollars, and appellate jurisdiction from the probate courts. It is composed of six judo-es. LAWS OF DELAWAEE. 63 Court of Common Picas. This court has exclusive original jurisdiction in all eivU oases at law where the amount demanded exceeds the jurisdiction of a justice of the peace and does not exceed five hundred dollars, and in suits in equity, where the matter in demand does not exceed five hundred doUais. Writ of error Ues from the decisions of this court to the supreme court of errors. This court is now established in the counties of Hartford, New Haven, New London, and Fairfield. Judges — Charles H. Briscoe, Hartford County ; Henry E. Pardee, New Haven County ; Hiram Willey, New London County ; Lyman D. Brewster, Fairfield County. There is no court of common pleas in Windham, Tolland, Middlesex, or Litchfield counties, and in those counties the superior court has jurisdiction in all cases not within the jurisdiction of a justice of the peace. Probate Courts. Probate courts have jurisdiction in all matters of probate of wills and settle- ment of estates. Justices' Courts. Justices have jurisdiction in matters of contract to the amount of one hundred dollars ; in other cases to the amount of fifty dollars. Appeals may be taken from decisions of justices to the courts of common pleas. LAVV^S OF DELAAVARE, RELATING TO CIVIL ACTIONS, DEEDS, WILLS, &c. PBEPAEED FOE THIS WORK BY J. ALEXANDER FULTON, Esq., Dover, Delaware. Kc vised Statutes. — The date of the last Bevised Code was February 37, 1853. A new revision was ordered at the last session of the Legislature. The 'practice is strictly under the common law, unless where expressly changed by statute. Actions. — Suits maybe commenced by a writ of summons, or of cwpias, or attachment. Every writ used for the commencement of an accion must bear date on the day it is issued, and be returnable on the first clay of the term next thereafter. Summons may be served on defendant by stating substance of it to 64 I,AVVS OF DELAWARE. him persouaHy, or by leaving copy at his usual place of abode, in presence of a white adult person, six days before the return thereof. Amicable actions may also be commenced by filing with the prothonotary an agreement in writing- for that purpose. In actions in the Superior Court upon mortgages, bills, notes, bonds, or other instruments of writing for the payment of money, or for the recovery of book accounts, and in all actions of scire facias on judgments, judg- ment by default may be entered upon motion by the plaintiff, on the last day of the term to which the original propessis returnable, notwithstanding appearance by the defendant, unless he shall have also filed in the cause an affidavit of de- fence, provided, the plaintiflP file a copy of the cause of action with an affidavit stating the sum demanded, and that he believes the same justly due. Arrests. — No writ of capias ad sa&faciendum shall be issued upon any judg- ment in a civil action against any free white person until a writ of ^. fa. on said judgment shall have issued, and it shall appear from the return thereon that the defendant has no property within the county sufficient to pay the debt ; or until the plaintiff, or some one for him, shall make and file with the prothono- tary an affidavit to the same effect ; nor without an affidavit made and filed as above, that the defendant is justly indebted to plaintiff in a sum exceeding fifty dollars, and that he believes the defendant has secreted or disposed of property of the value of more than fifty dollars, with intent to defraud his creditors — specifying the supposed fraudulent transactions. The party arrested may have a hearing in vacation, before any judge on the specifications of fraud. Attachments. — 1. A writ of domestic attachment may be issued against an inhabitant after a return to summons or capias delivered to officer ten days before return, showing that defendant cannot be found, and proof of cause of action ; or upon affidavit made by plaintiff or other credible person, and filed with the prothonotary, that the defendant is justly indebted to the plaintiff in a sum exceeding fifty dollars, and has absconded from the plaoe of his usual abode, or gone out of the State, with intent to defraud his creditors or to elude process, as is believed. The attachment extends to real and personal property and credits. The proceeds of sales of property attached are distributed among all creditors ' a double share being allowed to the creditors attaching and prosecuting to judo-- ment. 3. A writ of foreign attachment may be issued against any person not an inhabitant, after a return and proof of cause of action as above, or upon affidavit as above, that the defendant resides out of the State, and is justly indebted to the plaintiff in a sum exceeding fifty dollars. It may also be issued against foreign corporations, upon affidavit that the defendant is such corporation ' and indebted as aforesaid. The plaintiff has the benefit of his own discovery. Claims against Estates of Persons Deceased are paid accord- ing to grade. The affidavit, besides stating the manner of indebtedness, must aver " that nothing has been paid or delivered towards satisfaction of said debt, except what is mentioned, and that the sum demanded is justly and truly due." Deeds, Mortgages, Acknowledgment, Kecording.- A scroll is a sufficient seal. It is usual to have two subscribing witnesses. Proof by wit- lAWS OP DELAWARE. 65 neeses cannot be made out of tlie State. Aekno-Hrledgmentsmay be taken out of the State before any consul-general, consul, or commercial agent of ■Qie United States duly appointed in any foreign country, at the places of their respective official residences, or before any judge of a district or circuit court of the United States, or the chancellor or any judge of a court of record of any State, territory, or country, or the mayor or chief officer of any city or borough, and certified under the hand of such chancellor, judge, mayor or officer, and the seal of his court, city, or borough ; or in any such court, certified under the hand of the clerk, and seal of the court ; or before a commissioner of deeds appointed by the Governor, under the hand and seal of such commissioner. The acknowledgment must certify that the parties personally appeared, that they are either person- ally known or proved on oath to be such ; and, in case of a married woman, that she was at the same time privately examined by the officer apart from her hus- band, and that she acknowledged that she executed the indenture or instrument willingly, without compulsion or thileats, or fear of her husband's displeasure. If a deed is not recorded within one year after the sealing and delivery, it shall not avail against a sub3eq[uent fair creditor, mortgagee, or purchaser, for a val- uable consideration, without notice of said deed. Mortgages take "priority ac- cording to date of recording in the proper office, and become liens only from date of recording. The lien of a purchase money mortgage, recorded within sixty days after making it, has preference to any judgment against the mort- gagor, or any other lien created or suffered by him, although of a date prior to the mortgage. Ghattel mortgages are unknown. Aliens residing in the State, after declaring their intentions to become citizens, may hold and convey real- estate. Depositions. — A rule for a commission will be issued^'in any suit pending on application to the prothonotary. The commission issues on ten days' notice of interrogatories filed. The names, occupations, and abodes of the witnesses must be given. ExeCMtion and Stay of. — Execution may be issued at any time with- in five years. Real-estate is liable to execution where no sufficient personal es- tate can be found. Sales of goods and chattels taken in execution are not to be made until thirty days after levy, and notice thereof to defendant, unless the goods are perishable. The sale of lands must be advertised for two weeks. On judgments entered at the first term for want of an affidavit of defence, a stay of execution for six months shall be granted, on security being given for the pay- ment of the judgment, with interest and costs. Upon a judgment given by a justice of the peace against a freeholder of the county, for a sum exceeding five dollars, besides costs, there shall be a stay of execution for six months, upon application of defendant within five days, unless the judgment creditor, or other credible person, make affidavit that he has good ground to apprehend that the sum due will be lost by the stay ; but if such judgment debtor, within two days after the judgment, or after such affidavit, give security to pay the judgment, the execution shall be stayed for nine months. Exemption.- -The following goods and chattels are exempt from exeou- ' tion : 1. The necessary wearing apparel of the debtor, his wife and children, one 5 LAWS OF DELAWAEE. 66 bed, bedstead and bedding for every two persons of the family, stove, and fuel not exceeding the value of five dollars. 3. Bibles and sphool books used in the family. 3., One cow, one swine, one ton of hay. 4. Library, tools or imple- ments of the debtor, necessary for carrying on his profession or trade, not ex- ceeding in value fifty dollars. 5. Eights of biirial, and tomb whilst in use as repository for the dead. 6. Other household furniture necessary for the debtor and his family, not exceeding twenty-five dollars in value. The value of aU the property exempted shall not exceed one hundred dollars. If the debtor is not in possession of the above specified articles, then any other property of his, to the above amount, shall be exempt. Interest. - The lega,l rate of interest is six per cent. The penalty for usury is the forfeiture of a sum equal to the money lent. Judg'meittS are liens upon lands only from the time of actual entry or signing, and not, by relation, from the first day of the term in which they are entered. A judgment upon a verdict, if entered before the end of the next term, is a lien from the time of the verdict. A judgment given, the amount to be ascertained by the prothonotary, or other person, is a lien from the time of its entry, if the amount is ascertained and entered on the docket before the first day of the next term. If it appear, by the return to an execution issued by a justice, that no goods can be found sufSoient to satisfy the same, or any balance thereof exceeding five dollars, a transcript may be filed in the superior court, and the judgment be made a lien on land. The execution then issues out of the superior court. Liien, of Mcclianics, &C. — Contractors may file lien within thirty days after the expiration of sixty days from the completion of the building; mechanics and material men within sixty days of completion. No lien can be obtained against the owner unless he authorized the work. The remedy on the claim is by scire facias. liiinitatioii of Actions. — No action of trespass, replevin, detinue, debt, not founded upon arecordor specialty, account, assumpsit or case, shall be brought after the expiration of three years from the accruing of the cause of action. Actions on promissory notes, bills of exchange, and acknowledgment under the hand of the party of a subsisting demand, may be commenced within six years from the accruing of the cause of action. If a person entitled to bring an action is, at the time of the accruing of the cause of action, an infant, married woman, or non compos mentis, the action may be brought within three years after the removal of such disability. If when a cause of action accrues against a person he is out of the State, the action may be commenced within the above periods after he shall have come into the State in such manner that he may, by reasonable diligence, be served with process. And if after a cause of action has accrued against a person he departs from and resides out of the State, the time of his absence shall not be taken as any part of the time limited. Married "Women. - A married woman may insure her husband's life for her own use. She cannot make a letter of attorney, nor convey real-estate un- lATS OF DELAWARE. 67 less her husband joins in the deed. Real-estate, mortgages, stocks, and silver plate, belonging to Ber at the time of her marriage, or to which she may become entitled during coverture, shall be her sole and separate property, not subject to her husband's control, or liable for his debts, except such debts are judgments recovered against him for her liabilities before marriage. Husband's rights as tenant by courtesy are not affected. Notes, Bills, Protest, &:c,, are governed in all respects by the rules of commercial law recognized in England and most of the States. Coming' due on Christmas, Fourth of July, Thanksgiving day, appointed by the governor, are due and protested the day before. Taxes.— If any person fail to pay his taxes in ten days after demand, it is the duty of the tax coUeotor to levy and collect the same by distress and sale of his personal property, on ten days' notice. If the owner of real-estate do not reside in the hundred, or be a minor, or fail to pay the tax in ten days after demand, the collector shall levy and collect the same by distress and sale of the tenant's personal property. If the coUeotor is not able to find personal property suf&cient to pay the taxes as above, the land may be sold. No sale shall be approved if the owner be ready at the term of court next after the sale to pay the taxes and costs; and no deed shall be made until the expiration of two years from the time of sale, within which time the owner, his heirs, executors or ad- ministrators, may redeem the land on payment of the purchase money and twenty per cent, interest. 'Wills. — Any person of the age of twenty-one years, or upwards, of sound and disposing mind and memory (married women excepted), may make a will, as well of real as of personal estate. No person under the age of twenty-one years can make a -will of either real or personal estate. WiUs must be in writing, signed by the testator, or by some person subscribing the testator's name in his presence, and by his express direction, and attested and subscribed in his presence by two or more credible witnesses. A nuncupative will of personal estate, not exceeding in value two hundred dollars, by the testator, in his last illness, before two or more credible witnesses, is valid. Witnesses. — Interest excludes, but corporators are competent to testify in an action to which the corporation is a party. Parties cannot testify in their own behalf, but maybe examined by the opposite side as if on cross-examination. Forms of Certificates of AckiiOM^ledgment, Sec, of Deeds. 1. Br Husband and 'Wife. State of > County of J ®®- Be it remembered, that on the day of , in the year of our Lord one thousand eight hundred and , personally came before the subscriber. 68 LAWS OF DELAWARE. a commissioner duly appointed by the governor of the State of Delaware for the State of , A. B.,* and C. B., his wife, parties to this indenture [or instru- ment], known to me personally [or proved on the oath of M. N., of ], to be such, and severally acknowledged said indenture to be their act [and deed], respectively ; and the said 0. B. being at the same time privately examined by me, apart from her husband, acknowledged that she executed the said inden- ture [or instrument] willingly, without compulsion or threats, or fear of her husband's displeasure. Witness my hand and the seal of my office, the day and year afore- [8eal.] said. [Signature.] 3. Acknowledgment of a Deed by a Cobpoeation. [As above to the *, then continue] the president [or other presiding officer, or legally constituted attorney] of the bank of , to me personally known, and who, being by me duly sworn, deposes and says, that he resides in the in said county ; that he is the president of the bank of ; that the seal affixed to the within indenture is the corporate seal of the president, directors and company of the said bank, and was affixed to said indenture by order of said directors for the uses therein expressed ; and that he, by like order, did subscribe his name thereto, as president of said bank. Witness, &c. [as above]. Instructions and Forms for talking I>epositions. If the time and place of executing the commission are not named therein, the officer will call the witness before him at such time and place as he may appoint. The caption of the depositions may be in this form : Deposition of witness sworn [or affirmed] and examined, the day of , in the year 18 , at the office of A. B., in the city of , under and by virtue of a commission issued, out of the superior court in and for the county of , State of Delaware, in a certain cause therein depending between A. B., plaintiff, and C. D., defendant. E. F., a witness, being duly sworn and examined on the part of the plaintiff doth depose and say as follows : To the first interrogatory, he saith, &o. AVhen the deposition is finished it should be subscribed by the witness, and the com- missioner should countersign it and certify it as follows : Examination of E. F., witness on the part of the plaintiff [or defendant], in the above stated cause, who is personally known to me [or proof having been made before me of the personal identity of said witness], and who was, between the hours of o'clock, A. M., and o'clock, P. M., on the day of > 18 , at my office, in the city of , in the State of , called before me, and who, after being sworn to speak the truth, the whole truth, and nothing but the truth, did depose and testify to the above deposition, which was taken down, and reduced to writing by me, and signed by said witness in my presence. All which I certify under my hand and official seal this day of , 18 . Commissioner for Delaware, in COURTS OF DELAWARE. 69 Every interrogatory must be answered. Ths officer must certify that the schedule or deposition is in execution of the oonunission. If there is any instru- ment or document produced and proved by the witness, the officer must identify -*nd mark it, attach it to the deposition, and then, with the commiaslon and deposition enveloped and sealed, the officer's name written across the seal, address and return it to the court from which the commission issued, with the title of the cause marked thereon as follows : "A. B. ) TO. > " To clerk of the superior court for , Delaware. "C. D. ) " Deposition." The package may be sent by mail or private conveyance. COURTS OF DELAV/ARE. COTJKT OF EEEOES AND APPEALS. This court has jurisdiction to issue writs of error to the superior court, to receive appeals from the court of chancery, and to determine finally all matters in error in the judgments and proceedings of the superior court, and in proceed- ings in chancery. Daniel M. Bates, Chancellor of the State ; Edward W. Gilpin, Chief Justice ; and Edward Wootten, John "W. Houston and Leonard E. Wales, associate justices of the superior court, compose the court. Charles B. Lore, attorney general. Eegulab Term : First Tuesday of June. COURT OE CHANCERY. This court has power to hear and decree all matters in equity. Chancellor, Daniel M. Bates. Regular Terms: Kent, at Dover, on the first Tuesday after the fourth. Mon- day in March, and on the fourth Monday of September. 2few Castle, at New Castle, on the third Monday in February and first Monday of September. Sussex, at Georgetown, on the second Monday in March and second Monday in September. SUPERIOR COURT. This court has jurisdiction throughout the State, and is the highest common law court of original jurisdiction within it, being clothed with aU the powers of the Court of King's Bench, Exchequer Chamber, and Common Pleas in England. Judges : Edward W. Gilpin, chief justice ; Edward Wootten, John W. Hous- .ton and Leonard E. Wales, associate justices. 70 COURTS OF DEIAWAEE. Eegulab Tebms: Kent, at Dover, on the fourth Mondays of April and October. New Castle, at New Castle, on the third Monday after the commencement of the April term in Kent, and the fourth Monday in November. Sussex, at Greorgetown, on the second Mondays of April and October. The same judges hold, at the same times and places, a Court of General Ses- sions and Jail Delivery, for the trial of criminal cases. THE ORPHANS' COURT. This court has authority to appoiat and remove guardians to minors; to sell the real-estate of minors, &c. It has authority to arrest the body, to sequester goods, chattels, lands, &e. ; to issue process ; award commissions for taking depositions, &c. The Orphans' Court in each county is held by the Chancellor and resident Judge, at the same time with the Court of Chancery. JUSTICES' COURTS. Justices of peace have jurisdiction within their counties of all causes of action arising from obligation, or express or implied promise, or contract, for the pay- ment of money, render of rent, or delivery of goods ; or for personal labor, or for any penalty or forfeiture, under the provisions of any statute, where the amount in demand shall not exceed one hundred dollars. But if the demand be over fifty doUars, the plaintiflP has an option to sue in the superior court. LAWS OF FLORIDA BELATINQ TO CIVIL ACTIONS, DEEDS. WILLS, &c., PBEPAEED FOB THIS WOBK BY THE EDITOR, ■WITH THE AID OF JOHN CHAIN, Ebq., of MILTON, FLORIDA. Revised Statutes, Code, Practice.— The last reTision of the Sta- tutes was by Leslie A. Thompson, in 1847. Tlie practice is under the provi- sions of a code, approved Feb. 19, 1870, and taking effect July 1, 1870. It is mainly a copy of the New York code. Actions are commenced as follows : The plaintiff, by himself or attorney, is- sues a summons, which is served by the sheriff or some other person, requiring the defendant to answer, at the place named, in 30 days, or judgment will be taken for the sum named or relief asked. The subsequent proceedings are the same as under the code of New York. Al'rests. — The provisions of the code on the subject of arrest are copied from those in the code of New York. Attachments are allowed under the same circumstances, and in like man- ner as in New York. Claims ag^ainst Instates of persons deceased must be pre- sented within two years from taking out letters of administration, or they wiU be barred. Open accounts should be sworn to. Deeds, Mortg'ages, Acknowledgment, Recording.— A scroll is sufficient as a seal. Two witnesses are required. There is no limited time for recording. As at common law, unless recorded, the conveyance is not effec- tual against creditors or subsequent purchasers for a valuable consideration and vrithout notice. To entitle a conveyance to be recorded its execution must be acknowledged, or proved, without the State, before a Commissioner for Florida, or before a judge of some court of record of the United States or of a State or Territory ; the certificate of the judge to state that the court is a court of record, and that the acknowledgment is taken within his jurisdiction, and to be accom- panied by a certificate of the clerk, under the seal of the court, that he is duly appointed as such judge. A married woman must be separately examined. 72 LAWS OF FLORIDA. Chattel Mortgages n-.uat be recorded, unless tlie property mortgaged be delivered to the mortgagee and remain in his possession. Aliens may hold, conrey and devise real-estate in the same manner as citizens. Depositions. — When a witness resides out of the State, or out of any county in which his testimony may be required in any cause, or is bound on a, voyage to sea, or is about to go out of the State and remain until after the trial of such cause, or is very aged or infirm, either party, on reasonable notice to the adverse party, accompanied with a copy of interrogatories intended to be exhibited to the witness, may obtain a commission from the Clerk of the Court in which the same may be required, directed to not less than two Commissioners to examine such witnesses. Execution and Stay of.— Execution may issue as soon as judgment is given, and at any time afterwards within five years, as a matter of course ; after that it cannot issue without leave of Court and notice to the defendant. Ex- ecution is stayed when appeal is taken, and an undertaking given. The debtor may also stay the sale, by giving security, until the first Mondays in December, January, February and March. There must be advertisement for thirty days before. Sxcinptions and Moincstcad I>aw. — A homestead to the extent of one hundrad and sixty acres of land, or a half acre within the limits of any incorporated town or city, owned by the head of a family, residing in this State, together with one thousand doUais' worth of personal property, and the im- provements on the real-estate, are exempt ; and the real-estate is not alienable without the joint consent of husband and wife, when that relation exists ; but no property is exempt from sale for taxes, or for obligations contracted for the pur- chase of said premises, or for the erection of improvements' thereon, or for house, field, or other labor performed on the same, and the exemption, as relates to real- estate in town or city, does not extend to more improvements, or buildings, than the residence and business house of the owner. In addition to the foregoing ex- emptions, such property, to the amount of one thousand dollars, as the head of a family, residing in the State, may select, is also exempt ; but only in case the debt was contracted, liability incurred, or judgment obtained, before the 10th day of May, A. d. 1865 ; and is not exempt from sale for payment of the pur- chase money of the same, or for the payment of taxes or labor. The personal property must be inventoried by the officer levying, sworn to by the defendant, and appraised by three persons, and the defendant claim such as he pleases, to the amount of $1,000, an inventory of which is to be returned by the officer to the clerk,, and recorded ; the balance, if any, is to be sold by the officer, under the execution. The foregoing exemptions accrue to the hoirs of the party hav- ing enjoyed or taken the benefit of the same. And the lease of house and land, occupied and claimed as homestead, is also exempt. The person claiming the benefit of tho provisions on exemption, may make a statement in writing, des- cribing the real property claimed to be exempt as the homestead, which state- ment, signed by the party, shall be recorded in the records of the probate office. LAWS OF FLOEIDA. 73 Interest is eight per cent, -where there is no contract otherwise. Parties can contract for less or more, and it will he legal. Judgements and liien of. — A judgment is alien on real-estate in the county where it was rendered from the date of its rendition ; and in any county where it may be recorded, from the date of the record. It is a lien on personal property, as at common law, from the date when the execution reaches the hemds of the officer, and is endorsed by him. Lien of Mechanics, &c. — Mechanics, material men and laborers, are entitled to a lien upon such buildings as they erect or work upon, on filing with the clerk of the circuit court of the county, within six months after the materials are famished or work done, a true account of the demand. liiniitatioil of Actions. The time within which actions can be com- menced is (Act approved Feb. 37, 1873), as follows : (1.) For the recovery of real property, or its possessiod, or rents or service out of the same, seven years. If a person entitled to commence such action be, at the time the title shall accrue, a minor, insane, imprisoned, or a married woman, the action may be commenced at any time within ssven years after the removal of such disability. (3.) An action upon a judgment or decree of any court of the United States, or of any State or Territory of the United States, or upon an instinoment of writing under seal, twenty years. (3.) Upon an instrument of writing not under seal, five years. (4.) Upon a liability created by statute, other than a penalty or forfeiture ; for trespass upon real property; for taking, detaining or injuring personal property, or for its specific recovery ; for relief on the ground of fraud, (the cause of action not to be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud); and upon a contract, obligation or liability not founded upon an instrument of writing, except an action on an open account for goods, wares and merchandize, three years. (5.) Upon" a statute for a penalty or forfeiture ; for libel, slander, assault, battery, or false imprison- ment, two years. (6.) On an open account for goods, wares, and merchandize sold and delivered, and for any article charged in a store account, four years. In an action to recover a balance due upon a mutual, open and current account, where there have been reciprocal demands between the parties, the cause of action shall be deemed to have accrued from the time of the last item proved in the account on either side. (7.) Any action for relief, not provided for above, four years. An action shall be deemed to be commenced, within the meaning of this Act, when the process shall be delivered to the proper officer to be served, or the complaint filed in the proper court. If, when the cause of action shall accrue against a person, he is out of the State, the action may be commenced within the term above limited after his return into the State; and if he depart from the State after the cause of action, shall have accrued, the time of his absence shall not be a part of the time limited. If a person entitled to bring an action die before the expiration of the time of limitation, and the cause of action survive, an action may be commenced by his representatives within six months after the issuing of letters ; and if a person against whom an action may be brought die in Hke manner, an action may be commenced against his represen- tatives within one year after the issuing of letters. If an action be commenced 74 LAWS OF FLOKIDA. within the time prescribed, and a judgment therein for the plaintiff be reversed on appeal, a new action may be commenced within one year after the reversal- When the cauae of action has arisen in any other State or country, and by the laws thereof an action thereon cannot there be maintained against =■ person by reason of the lapse of time, no action thereon shall be maintained against him in this State. Married. 'Women. — A married woman may convey or mortgage her real estate in the same manner as if she were sole, provided the husband join in the deed, and she acknowledge, on a separate examination, that she executed the same freely, and without any fear or compulsion of her husband. The real and personal property, which a woman owns at the time of her marriage, or acquires subsequently, shall continue to be her separate property, and in respect to it she is to sue or be sued alone. A widow is entitled to be endowed of a life-estate of one. third of the lands of which her husband died seized, and one- third in fee simple of his personal estate. In lieu of dower she may elect to take a child's part, within twelve months after probate, or letters of administration, in which case she has a fee simple estate in the real property set apart to her, and an absolute estate in the personal property. Notes and Bills are entitled to three days of grace. The common law governs as to endorser. Taxes. — Any person claiming lands sold for taxes, may at any time within one year redeem, any of said land, by paying the amount for which ^aid parcel was sold, with interest thereon at the rate of fifty per cent, per annum. "Wills, to convey real-estate, must have not less than three witnesses sub- scribing in the presence of the testator, and can be made by any person of the age of twenty-one years, of sound mind. As to personal estate the common law applies. Nuncupative wills are good as to personal property, if jt is proved by the oath of three persons at least, who were present at the making, that the tes- tator, at the time of pronouncing the same, did desire the persons present, or some of them, to bear witness that such was his will, or. to that effect ; and if made in the time of last sickness. Six months is the time limited for proving such wills, unless said testimony, or the substance thereof, was reduced to writ- ing, and sworn to, before some judicial officer of the State, within six days from the making of said will. WiQs are probated upon the oath of any person ap- pointed executor ; if no executor, then any other credible person, having no in- terest under the will. Witnesses.— No person is excluded from testifying by reason of interest as a party, or otherwise. LAWS OF FLORIDA. 75 Certificates of Acknowledgment, &c., of Deeds. 1. By Pbksok known to the Officer. State of County :!■ I, (name and tide) do hereby certify that on this day of , before me personally appeared A. B.,* to me known to be the person described in and who executed the foregoing instrument, and acknowledged the execution thereof to be his free act and deed, for the uses and purposes therein mentioned. Given under my hand and official seal this day of , A.D., 187 . 2. By Husband and Wife. [As above, to the *] and C. B., his wife, to me known to be the persons described in and who executed the foregoing instrument, and severally acknow- ledged the execution thereof to be their free act and deed for the uses and pur- poses therein mentioned. And the said C. B., the wife of the said A. B., on a private examination by me, separate and apart from her husband, did acknow- ledge that the said deed (or relinquishment and renunciation of dower,) was made freely and voluntarily, and without any compulsion, constraint, appre- hension or fear, of or from her said husband. 3. By Grantor not personally known. [As above, in form 1, to the *] who was satisfactorily proven to me to be the per- son described in and who executed the foregoing instrument, by the oath of 0. P. ,, who, being by me duly sworn, did depose and say : That he resided in , in the county of , and State of ; that he was acquainted with 'the said A. B., and that he knew him to be the same person described in and who executed the said instrument ; and there the said A. B. acknow- ledged [etc., as in the preceding forms.] 4. Acknowledgment before a Judge. State op County of Be it remembered that on this day of > 18 , before me, , the Chief Justice [or as the case may be] of the Court of , which court is a court of record, personally appeared at , within the jurisdiction of said court, A. B., to me known to be the person des- cribed in and who executed the foregoing instrument, and acknowledged the execution thereof to be his free act and deed, for the uses and purposes therein mentioned. [If a married woman joins add Tier private examination as inform aiovs.} [Signature and title of jTidge.] 76 COURTS or floeida. [ To which is to be annexed a certificate of clfi'k, as follows :] Statf. OF ) County of > I, 0. P., clerk of the court of , at , do hereby certify that the person whose name is subsoribed to the annexed certificate of acknow- ledgment, was at the date thereof the Chief Justice \or as the fact may be] of said court, duly appointed as such, and that I verily believe the signature of his name subscribed thereto to be genuine. Witness my hand and the seal of said Court this day of , 18 . [Signature, title and seal.] Instructions and Forms for taKing^ depositions. These are sent with each commission. COURTS OF FLORIDA. PEEPABBD FOE THIS WOKE BY JOHN CHAIN, Esq , of Milton, Flobida. SUPREME COURT. The Supreme Court has jurisdiction to review upon appeal every actual deter- mination made by the Circuit Court in all cases iu which is iuvolvedthe title to, or right of possession of, real-estate, or the legality of any tax, impost, assess- ment, toU, or municipal fine, and in all actions in which the demand or the value of the property in controversy shall exceed three hundred dollars, and also ia special proceedings. Chief Justioe, Edwin M. Randall, of Jacksonville. Associate Justices, 0. B. Hart, of Jacksonville, and James D. Wiscoat, of Tallahassee. Regular terms, on the second Tuesday of January, April and October, at Tallahassee. CIRCUIT COURTS. Circuit Courts have original jurisdiction in all cases of equity, also in all cases of law which involve the title, possession, or the boundaries of real property, the legality of any tax, impost, assessment, toU, or municipal fine ; and in aH other cases in which the demand, or the value of property in controversy , exceeds three hundred doUars ; and of the action of forcible entry and unlawful detainer. They, and the judges thereof, have power to issue writs of mandamus, injunction, quo warranto, cei-tiorari, and all other writs proper and necessary to the com- COURTS OF FLORIDA.. 77 plete exercise of their jurisdiotiou ; and also ■writs'of habeas corpus. They have exclusive jurisdiotioii to review upon appeal any final determination made by the County Courts : Ist. From a judgment in an action commenced by the County Court -where the amount in controversy is one hundred dollars and up- wards, and upon the appeal from such judgments to review any intermediate order involving the merits and necessarily affecting the judgment, and to revise or affirm such judgments in the whole or in part, and order a new trial in such Court : 2d. From any order, decision, or judgment ia special proceedings, or in prooeedinga supplementary to execution, when such order, decision, or judg- ment affects a substantial right, or where such order or decision grants or re- fuses a new trial, and may affirm or reverse the same. Judges. — 1st Judicial Circuit, Homer Gr. Plantz, of Pensaoola ; 2d, P. W. "White, of Quincy ; 3d, William Bryson, of Lake City ; 4th, Thomas T. Long, of Jacksonville ; 5tli, J. H. Goss, of Ooala ; 6th, James T. Magber, of Tampa ; 7th, John W. Price, of Enterprise. COUNTY COURTS. The County Court has jurisdiction in the following cases: 1. In civil actions for the recovery of a sum of money not exceeding three hundred dollars, or the recovery of the possession of personal property not exceeding in value three hundred dollars. Its jurisdiction is final, in all civil cases, where the amount in controversy does not exceed one hundred dollars. 3. The exclusive power to review, in the first instance, a judgment rendered in a oivU action by a Justice's Court in the county, or by a Justice's Court in cities, and to affirm, reverse, or modify such judgment. 3. Co-extensive jurisdiction with the Circuit Courts in case of forcible entry and unlawful detainer, subject to an appeal to the Circuit Court. 4 To grant new trials, reform, modify, or reverse judgments in actions tried in such court, upon the merits or exceptions, or case made, subject to an appeal to the Circuit Court. 5. Full surrogate and probate powers. Any action or proceeding pendiug in the County Court, if the county judge is for any cause incapable of acting, and it is a case in which the Circuit Court might have original jurisdiction, will be transferred to the Circuit Court; but if the case is one in which the Circuit Court would not have original jurisdiction, it will be transferred to the County Court of an adjoining county. The County Courts are held every two months, to wit : 2d Mondays in Janu- ary, March, May, July, September and November. Jury terms are fixed by the Boaid of County Commissioners, not to exceed four a year. JUSTICES' COURTS. Justices' Courts have jurisdiction in civil actions where the sum claimed does not exceed fifty dollars. LAWS OF GEORGIA RELATING TO CIVIL ACTIONS, DEEDS, WILLS, &c. PEBPAEED POE THIS WORK BY THE BDITOE, WITH THE AID OF CHARLES H. SHOCKLET, Esq., op Appling, Geo., and op FAEEOW & THOMAS, EsQES., op Atlanta. Revised Statutes, Code, Practice. — The last revision of the Sta- tutes was in 1867. The praetioe in civil suits is under the Code, which took ef- fect January 1st, 1863. The code embraces, as near as possible, all laws of force, including the common law, statutes of England, statutes of the State, and de- cisions of the Supreme Court. Actions. - AH distinctions of actions into real, personal and mixed are abol- ished. An action may be against the person, or against property, or both. Gen- erally a proceeding against the person binds the property also, and a proceeding against property without service on the person binds only the particular prop- erty. No demand is necessary to the commencement of an action, except in such cases as the law or the contract prescribes. Distinct and separate claims of or against different persons cannot be joined in the same action. As a general rule the action on a contract of any kind must be brought in the name of the party in whom the legal interest in such contract is vested, and against the party who made it in person or by agent. Atenantin common, (joint tenancies are abolished), need not join his co-teuant, but may sue separately for his in- terest, and the judgment in such case affects only himself. When a party signs a contract with the iuitials of his Christian name he may be sued in the same way. All claims between the same parties aiising ex oontractu may be joined. The same of claims arising ex delicto. The defendant may set up as a defence similar claims against the plaintifif. Ordinary suits in the Superior Court are by petition to the Court, signed by the plaintiff or his counsel, plainly and dis- tinctly setting forth his demand ; and no want of form shall be cause of delay, if these requirements are substantially complied with. The clerk endorses the date of filing the petition in his of&ce, which is considered the time of the com- mencement of the suit. The clerk annexes to such petition a process (unless waived), signed by him or his deputy, bearing test in the name of a judge of the court, directed to the sheriff or his deputy, requiring the appearance of the de- fendant at the return term of the Court. Leaving a, copy at defendant's resid- ence is sufficient service. Appearance and pleading is a waiver of all irregular- ities of the process, or absence of process and want of service. No technical or formal objections shall invalidate any petition or process, but if the same sub- LAWS OF GEORGIA, 79 stamtially conforms to the requisitions of the code, and the defendant had notice of the pendency of the cause, all objections shall te disregarded ; provided there is a legal cause of action set forth as required by the code. No special pleading is allowed ; and every case is tried upon the petition, process, and answer alone ; and no non-suit allowed, when the cause of action is substantially set forth, for any formal variance between the allegations and the proof. Joint makers of any bond, note, or other written obligation, who reside in different counties, may be sued in either county. For each county there must be an original and copy. In case of maker and endorser residing in different counties suit may be instituted in the county in which the maker resides, and then service of a copy of petition and process on the endorser is sufSoient. Service of process for com- mencement of a suit against a corporation, may be made by serving any officer or agent of the corporation, or by leaving the same at the ordinary and usual place of transacting its business, if within the jurisdiction of the Court. The officer must specify in his return the mode of service. If the corporation has no public place of doing business, or no person in office upon whom service may be per- fected, the complainant may make affidavit of the fact, and file the same in the clerk's office of the court to which the writ is returnable. The clerk then issues a citation to the defendants to appear at the court and answer. The citation must be published once a week for three weeks in some newspaper published in the county ; if none, then in the one nearest thereto. A copy of the paper con- taining said publication is receivable in any of the oourti as evidence of service. Plaintiffs, within one month after institution of any suit, at law or in equity, may publish once a week for four successive weeks, in some public gazette of the State, notice of the commencement of suit ; such publication operates as a notice to each stockholder of said corporation. When notice ha.s been iima given, and a judgment or decree obtained against any corporation, where individual prop- erty of the stockholders is bound, execution issues first against the Corporate property ; if returned jhuUa bona, then upon application of the plaintiff and cer- tificate of the fact, the clerk issues executions against each stockholder for -his rateable part of said debt, in proportion to his shares or other liabilities under the charter of inoorpoation. The President or presiding officer, upon applica- tion of the plaintiff, is bound to give, under oath, the names of the stockholders and the amount of stock owned by each, at the time of the rendition of judg- ment. Upon failure so to do, or absconding or concealing himself, execution may issue against him for the amount of the debt and costs. If the President or other officer fails to defend the suit, any one of the stockholders can plead to and defend the same. The defendants in execution, in a judgment against a corporation, are entitled to plead illegality, under the same rules as other defen- dants are in other cases. The preceding provisions in relation to corporations are construed as cumulative of the common law. In suits relating to trust es- tates, if there is no trustee, or he is a mere naked trustee, or a non-resident, the cestui-que-trust may be the defendant. If execution issue against an executor or administrator upon any liability of the deceased, and the- sheriff return nvMa bona, the paity may sue upon the bond of the executor or administrator, and re- cover judgment against the principal and sureties in the same action. If the plain- tiff die pending the suit, the executor or administrator may b3 made a party, on motion in writing, of which the defendants or their counsel must have notice. 80 lAWS OF GEOEGIA. If the defendant die in like manner, the plaintifiF may sue out a scire facias, after twelve months from prohate of will, eto., requiring executor or administrator to appear and answer to the cause. When hoth plaintiff and defendant die, scire fadas may issue on motion of the representative of either party, against the re- presentative of the other, and the cause proceed. Pleas, as a general rule, must be filed under oath and at the first term ; though the court may allow them to be filed at any time before the case is called for final trial. Amendments are allowed at any stage of proceedings, even after the case has been submitted to the jury, if their verdict would finally dispose of the case. Juries try causes in equity as well as in law. Arrests. — Imprisonment for debt was abolished by the new Constitution of 1868 ; but the courts have held that bail in trover (or in actions for the recover of personalty) may still be required. Attacliments may issue in the following cases: (1.) When the debtor resides out of the State. (2.) When he is actually removing or 'about to remove without the limits of the county. ' (3.) When he absconds. (4.) When he con- ceals himself. (5.) When he resists a legal arrest. (6.) When he is causing his property to be removed beyond the limits of the State. (7.) In behalf of a credi- tor whose debt is created by the purchase of property, upon such debt becoming due, when the debtor is in possession of the property, for the purchase of which the debt was created ; the attachment, in this case, to be levied only on the property described in the affidavit. Before attachment issues, the party, his agent or attorney, must make affidavit of the amount of the debt claimed, and that the debtor has placed himself in some one of the positions above enumerated. The plaiutifif must also give bond, with security, in an amount double the debt sworn to, conditioned to pay the defendant all damages he may sustain, and costs he may incur, in consequence of the attachment, if the plaintiff fail to re- cover in the case. The attachment may be levied upon the real and personal property of the defendant, and by service of process of garnishment. In case of a conflict between attachments, the first levied shall be first satisfied, but in a contest between attachments and ordinary judgments, it is the judgment and not the levy which fixes the lien. Claims against the Estate of Persons Deceased.— Executors and administrators are protected from suit until twelve months after probate of the will or grant of letters of administration. Claims against the estate should be presented within such twelve months. Deeds, Mortg'ag'es, Acknowledgment, Recording.— A con- veyance of land must be sealed, but an ink-scroll is sufficient as a private seal. A deed of lands which is not officially witnessed within the State must be exe- cuted in the presence of two witnesses, who must subscribe as such ; and the certificate of proof by a witness must state that he saw the grantor deliver as well as sign. A married woman must be examined separately. A deed must be recorded in the county where the land lies, within one year from the date of the deed, or it wiU lose priority over a subsequent deed from the same vendor, LAWS OF GEORGIA. 81 recorded in time, and -without notice of the prior deed. Mortgages must be recorded within three months from date ; on realty, in the county where the land lies ; on personalty, in the county where the mortgagor resided at the time of its execution, if a resident of the State ; if a non-resident, then in the county where the mortgaged property is. If a mortgage he executed on personalty, not withia the State, and such property is afterwards brought within the State, the mortgage must he recorded as above within six months afterwards. If not re- corded within the time required, they remain valid as against the mortgagor, but are postponed to all other liens created or obtained, or purchases made, prior to the record of the mortgage, without notice. Any person holding a mortgage on personal property, his agent or attorney, wishing to foreclose the same, shall go before some ofScer of the State, or a Commissioner for the State residing in some other State, and make aflidavit of the amount of principle and interest due on such mortgage ; and when such mortgage, with such affidavit annexed, shall be filed in the ofEce of the clerk of the Superior Court of the county wherein the mortgagee resides at the date of the foreclosure, if a resi- dent of this State, or where he resided at the date of the mortgage; if not a resident of this State, such clerk shall issue an execution commanding the sale of the mortgaged property, to satisfy said principal and interest with costs. No person having executed a mortgage of personal property shall sell or otherwise dispose of the same, with intent to defraud the mortgagee, unless the consent of the mortgagee be first obtained, before the payment of the indebtedness, under a penalty of a fine of double the sum or debt which the mortgage was intended to secure ; and, upon failure to pay said fine immediately, of imprisonment in the common jail not less than six nor longer than twelve months. Whenever any person in this State conveys real property by deed to secure a debt, and takes a bond for title back to said vendor, upon the payment of such debt, or in like manner conveys personal property by bill of sale, and takes an obligation binding the person to- whom said property was conveyed to reconvey the same upon the payment of said debt, such conveyance of real or personal property passes the title of said property to the vendee (provided the consent of the wife has been first obtained), till the debt is folly paid, and is deemed an absolute conveyance, with the right reserved by the vendor to have said property recon- veyed to him upon the payment of the debt intended to be secured, and not a mortgage. And if the vendor in such contract fails to comply substantially -with the terms of the contract, he has no right thereafter to redeem said property by payment of said debt. The vendor's right to a reconveyance of the property, upon his complying with the contract, is not affected by any liens, incumbrances or rights which would otherwise attach to the property by virtue of the title being in the vendee ; but the right of the vendor to a. reconveyance shall be absolute and permanent upon his complying -with his contract -with the vendor according to the terms. To authorize the record of a deed it must be attested, if executed out of the State, by a commissioner of deeds for the State of Georgia, a consul or -vice-consul of the United States, certified under their seal, or by a judge of a court of record in the State where executed, with a certificate of the clerk, under the seal of such court of the genuineness of the signature of the judge. A deed may also be admitted to record upon the affidavit of a subsorib- 6 82 LAWS OF GEOEGIA. ing -witjess, before either of the above officers, testifying to the execution of the deed and its attestation according to law. Depositions may be taken by commission at the instance of either party. There must be two commissioners. The deposition is taken upon interrogatories. No person is competent to act as commissioner who would be incompetent to act as a juror on account of a relationship, or as a witness on account of interest, nor will the attorney of a party or his clerk, or an agent paid to discharge this duty, be a competent commissioner. Exccntioil and Stay of.— Defendant may stay execution for sixty days, by giving bond with good and sufficient security for payment of the judg- ment and costs ; or for forty days, if the judgment is rendered in a justice's court, and is for not more than thirty dollars principal. Xxcuiptions and Homestead I^aws.— The following property is exempt, where the debtor is the head of a family, and the debtor shall have no power to alienate or encumber it, but it shall be for the use of the wife during her life, and at her death be equally divided between her children under the age of sixteen years : Fifty acres of land, and five additional acres for each of his or her children under the age of sixteen years. This land includes the dwelling- house, if the value of the house and improvements does not exceed two hundred dollars. None of the land must be in a city, town, or village, nor include any cotton or wool factory, saw or grist mill, or other machinery, propelled by water or steam, the value of which exceeds two hundred dollars. In lieu of the above land, real-estate in a city, town, or village, not exceeding five hundred dollars in value. One farm-horse or mule ; one cow and calf; ten head of hogs, and fifty dollars' worth of provisions, and five dollars' worth additional for each child ; beds, bedding, and common bedsteads sufBcient for the family ; one loom, one spinning-wheel, two pair of cards, and one hundred pounds of lint cotton ; c6m- mon tools of trade of himself and wife ; equipment and arms of a militia soldier, and trooper's horse; ordinary cooking utensils and table crockery; wearing apparel of himself and family ; family bible, religious works, school books, and family portraits ; the library of a professional man, in actual practice or busi- ness, not to exceed three hundred dollars in value. Under the Constitution of 1868, the head of a family, or trustee or guardian of a family of minor children, is entitled to a homestead of the value of f 2,000, and personal property of the value of $1,000, besides wearing apparel and library, as above. This homestead is not subject to sale for any debt, except for taxes, money borrowed and ex- pended in its improvement or for its puxohase, and for labor done thereon, or material furnished therefor, or removal of encumbrances thereon. The debtor may claim the exemptions under this Constitution, or those first named. Interest.— The legal rate of interest is seven per cent. When any person makes a vreitten contract to pay interest at a rate not exceeding ten per cent, per annum for the use of money, such contract is valid. No usury paid shall be recovered unless sued for within six months after payment thereof. When a written contract is made to pay more than at the rate of ten per cent., the lender cannot recover more than ten per cent. LAWS OF GEORGIA.. 83 Judgments, and liien of. — Judgments bind all the property of the defendant, both real and personal, from the date of the judgment, except promis- sory notes in the defendant's hands, and ohoses in action, unless made so specially by statute. When a person has liona fide, and for a valuable consideration, purchased real or personal property, and has been in the possession of such real property for four years, or of such personal property two years, the same shall 1)6 discharged from the lien of any judgment against the person from whom he purchased. liien of mechanics, &c.— Mechanics who have taken no personal security therefor, may have a lien on any house, and the premises to which it is attached, for work done or materials furnished in building or repairing such house; which lien shall be superior in dignity to any other incumbrance without regard to date ; and such lien upon the improvements made by the mechanic shall attach to them without regard to the title. A claim of lien must be recorded in the clerk's office of the county where the land lies, within three months after the work is completed, and an action for the recovery of the claim must be commenced within twelve mouths from the time the debt becomes due. The delivery of possession by the mechanic does not affect his lien. Mechanics have also a lien on all personal property manufactured or repaired by them, to the extent of the work done and materials furnished ; but such Uen ceases on delivery of possession to the owner. OfBoers and employees on any water-craft have a lien of the highest dignity upon said craft for wages, or wood or provisions furnished. MUl-wrights, machinists, stone cutters and marble companies have similar liens ; also landlords, by contract in writing. The common law liens given t<.) attorneys, factors, innkeepers, pawnees, carriers, &c. (except the vendor's lien), are recognized and enforced. Liimitation of Actions. — Suits cannot be brought to recover debts or enforce contracts made prior to June 1, 1865, or upon judgments obtained out of the State before that time. Nor suits against executors, etc., for neglect or misconduct as such, prior to January 1, 1865, unless they can be shown to have acted fraudulently or corruptly. Suits on any other judgments obtained out of the State must be brought within five years after such judgments are obtained. Judgments obtained in the courts of this State cannot be enforced after seven years from the time of their rendition, when no execution has been issued there- on, or when execution has been issued, and seven years have expired since the last entry upon the execution made by an officer authorized to execute and re- turn the same. But such judgments may be revived by scire facias, or be sued on, within three years from the time they become dormant. Suits on instru- ments under seal must be brought within twenty years after the right of action accrues ; on promissory notes or other simple contracts in writing, withia six years ; open accounts and contracts not in writing, four years ; against execu- tors, administrators, guardians, or trustees, (except on their bonds), within ten years. Married women, infants, idiots, insane persons, or persons imprisoned, who are such when the cause of action accrues, are entitled to the same time after the disability is removed. If either of these disabilities happens after the right of action accrues, and is not voluntarily caused or undertaken by the person 84 LAWS or GEOBGIA. clauuing the benefit thereof, the limitation shall cease to operate during its con- tinuance. The time during which an estate is unrepresented, if not more than five years, is not counted against the estate. If the defendant remove from the State, the time of his absence, and until he returns to reside, shall not be counted in his favor. If he has been'guilty of fraud, by which the plaintiff has. been debarred or deterred from his action, the period of limitation shall run, only from the time of discovery of the fraud. If there is a joint right of action, and some of the persons having such right are under any of the above disabilities, the time shall not he computed against such action untQ all the disabilities are removed. A new promise to renew a right of action already barred, must be in writing, but a payment on -a, written evidence of debt, entered in the debtor's handwriting, or any other written acknowledgment of existing liability, is equiv-' alent to a new promise to pay. Married. Woimcm.— The property of the wife, at the time of her mar- riage, and all which she acquires during coverture, continues to be her separate property, and not liable for any debt of her husband. He is bound to support and maintain his wife, and his consent shall be presumed to her agency in alL purchases of necessaries suitable to her condition of life. She may act as attor- ney and agent of the husband; and may, by consent of her husband, evidenced by notice in a public gazette for one month, become a public or free trader, in which event she is liable, as a feme sole for all her contracts, and may enforce the same in her own name. In such case the acquisitions of the wife become her separate estate. She may contract, sue and be sued, as to her separate es- tate, as if unmartied. She is entitled to dower of a life-interest of one-third of the lands of which her husband was seized and possessed at the time of his death. On the death of a married woman, intestate, having a separate estate without remainder or limitation over which can and does take effect, who shall leave a surviving husband and child, or children, or descendants of child or children, such separate estate shall be equally divided, share and share alike, be- tween said husband and said offspring ^gr ewpita; but the descendants of chil- dren shall take per stirpe. A married woman can make a will as to her separ- ate estate. Notes, Bills and Protest.— Days of grace are not allowed on bills or drafts payable at sight. The legal holidays, with reference to payment, protest, etc., of negotiable paper, are January 1st, December 25th, July 4th, Pebruary 23d, fast days and thanksgiving days. Taxes.— Land sold for taxes may be redeemed by the owner within one year, by paying the amount paid by the purchaser, with ten per cent, pre- mium. "Wills. - Any person may make a will, except infants under fourteen years of age, and insane persons. "Wnis (except nuncupative wills\ must be in writ- ing) signed by the party making the same, or by some other person in his pres- ence and by his express directions, and be attested and subscribed in the pres- enoe of the testator by three or more competent witnesses. A witness who is a legatee or devisee is competent, but the legacy or devise is void. Probate of a LAWS OF GEOEGIA. 85 ■will is either in common or solemn form : in the former case, upon the testi- mony of a single suhscribing -witness, and without notice to any one : in the lat- ter case the wiE is proved by all the witnesses living, and within the jurisdiction of the court, upon due notice to all the heirs at law. Probate in common form is not conclusive upon any one interested in the estite adversely to the will. liV^itnesses.— No person is excluded from being a witness in civil or crim- inal actions, by reason of interest, as a party or otherwise, or because convicted of crime. Where one of the original parties to the contract or cause of action is dead, or insane, or where an executor or administrator is a party to a suit on a contract of his testator or intestate, the other party shall not be admitted to tes- tify in his own favor. Certificates of AcKnoit'ledgiiicut, &e., of Deeds. 1. By Gkaktor known to the Officer. State op , ) County of . 5 ^^ ' I [name and title] do hereby certify, that on this day of before me personally came* A. B., to me known to be the person described in and who exe- cuted the foregoing conveyance, and acknowledged the same to be his free act and deed. Griven under my hand and ofSoial seal this day of A. D. 187 . 3. By HusEAifD AND Wife. [As above to the *] A. B., and C. B., his wife, to me known to be the persons described in and who severally executed the foregoing conveyance, and severally acknowledged the same to be their free act and deed. And the said C. B., on private examination by me, acknowledged and agreed that she did, of her own free will and accord, subscribe, seal and deliver the said conveyance with an intention thereby to renounce, give up and forever quit claim to E. F., her right of dower and thirds, and all her interest of, in, and to the lands or tenements therein mentioned. Given, etc. 3. Proof bt Subscribing Witness. [As above to the*] 0. P., Merchant, who resides at , who, being duly sworn, deposeth and saith, that he saw A. B. sign, seal and deliver the within deed, for the purposes therein' mentioned ; that deponent subscribed the same as a wit- ness, and saw Q. E. do so likewise. [Signature of witness.} Sworn to and subscribed before me this day of 187 . Given, etc. 86 LAWS OF GEORGIA. Instructions and Forms for taking Depositions. Ko party, or his counsel or agent, or other person on his behalf, should he present at the execution of the commission. Witnesses may -write out their own answers in the presence of the commissioners and by their consent, but in no other way shall they prepare the same ; and if the witness answer from written memoranda, such memoranda shall be sent with the commissioD, and the fact certified by the commissioners. The answers should be under oath, and certified to be so taken. They should be written out plainly, and be full and explicit to all the direct and cross interrogatories ; be signed by the witness and attested officially by the commissioners, and the plea of execution should also appear. The package can be sent by mail, or intrusted to the party or some private hand. The Commissioners will write their names in the blank left in the Com- mission for that purpose, writing their names in full, and not with initials. One of the Commissioners will swear the witness in substance as follows: " You do solemnly swear, that yon will true answers make to the interrogatories put to you, in a case pending in the Honorable the [title of the court], wherein A. B. is Plaintiff, and C. D. is Defendant, so help you God." One of the Commissioners will then write a caption in substance follows : State of } By virtue of a Commission to us directed, issuing from the CoTJNTY. 5 Honorable the [title of court], we have this day caused E. !F., the witness therein named, to come before us, who after having been duly sworn in the case stated in said Commission, wherein A. B. is Plain- tiff and C. D. is Defendant, made the following answers to the interrogatories hereunto annexed : Answer Isi, &c. One of the Commissioners will then carefully write down the answer to each interrogatory, until the whole are answered, then the Commissioners will certify the answers as follows : Sworn to and subscribed before us, this day of 18 ) A. B., Com'r. [sbal.] > E. E. C. D., Com'r. [sBAli.] ) The Commissioners will then attach Commission, Interrogatories and Answers together, and fold them up in one envelope, and seal the same with as many seals or wafers as there are Commissioners, each Commissioner writing his name over and across a seal, that is to say, one Commissioner to a seal. They will then state the case on one end, or corner of the packet. They will then direct the same to the clerk of the court. If sent by mail, one of the Commissioners will hand the same to the Post Master, who will write on the envelope, " Received this packet from (A. B.) one of the Coromissioners," and sign his name ofiioially. The postage to be prepaid. COURTS OF GEORGIA. SUPREME COURT. The juriBdiction of the Supreme Court is entirely appellate. It consistB of three judgea. Cldef Justice, Hiram Warner ; Associate Judges, Henry K. Mc- Cay and William W. Montgomery. . Terms, 3d Monday in January and 1st Monday in July. SUPERIOR COURTS. The Superior Courts have exclusive jurisdiction, of actions at common law and in equity, of all sums over $100. There is a Superior Court in each county. The State is divided into twenty circuits, to each of which a judge is appointed, who is the judge of the Superior Court of all the counties in his circuit. Two terms of the Superior Court are held annually. COUHTS OF ORDINARY. These courts have jurisdiction of the prohate of wills, granting letters of ad- ministration, and guardianship ; as to roads, bridges, ferries, public buildings, paupers, county officers, county funds, and taxes. JUSTICES' COURTS. They have civil jurisdiction as to sums of $100 and under. LAV^S OF ILLINOIS, RELATING TO CIVIL ACTIONS, DEEDS, WILLS, &c., PEEPARBD FOK THIS WORK BY MBSsas. CLARK30N" & VAN SGHAAK, Attorneys, of Chicago. Keviscd Statutes, Practice, &c. — The preaenb oonatitutiou was adopted in convention May IStli, 1870 ; ratified by the people July 2d, 1870, in force August 8th, 1870. Last revision of the Statutes in 1845. There have, how- ever, been several compilations since. By a law passed in 1869 Gross' Edition of the Statutes (1868) is made prima facie evidence of the law being as therein stated. The practice is as at common law. Actions are commenced by summons, issued by the clerk of the e6urt, and served by the sheriff, or his deputies, on the defendant personally by reading the same to him. The sherUEf can, however, deputize any one to serve a sum- mons by endorsing on the writ his appointment of such person as a special de- puty, but in such cases the special deputy must also give the defendant a copy of the writ and verify his return by affidavit. Actions can only be brought in the county where the defendant resides, or is found, except in local actions. When there is more than one defendant and suit is brought where one resides process may issue to any county or counties where any of the other defendants may be found. When service is made and declaration filed ten days before the commencement of term, and defendant fails to plead, judgment may be recovered by default. Non-resident plaintifi^s must give bond for^ costs at time of com- mencement of suit. By rule of court in the courts of Chicago, if a frivolous de- fence is interposed, a speedy trial may be had on five days' notice. Arrests. — In all suits founded upon any specialty, bill or note, in writing, or on the judgment of any court, and in all actions of covenant and account, and actions on verbal contracts or assumpsits at law, if the plaintiff or his agent or attorney, shall make an affidavit setting forth the cause of action and the amount due the plaintiff, and facts showing that the defendant fraudulently contracted the debt or incurred the obligation, or that he has concealed, assigned, removed or disposed of his property, with intent to defraud such plaintiff, and shall pre- sent such affidavit to the judge; and if such judge shall be satisfied that suffici- ent cause is shown to require biil, he shall endorse thereon an order fixino- the amount of bail and directing the clerk to issue a capias. In actions sound- ing merely in damages when the same cannot be ascertained as aforesaid, LAWS OF ILLINOIS. 89 the afB.davit must also set fortli the nature and cause of the action, -with the substantial or chief facts in relation thereto, and that affiant verily he- lieves that the bsneflt of -whatever judg-mentmay be obtained, will be in danger of being lost unless the defendant is held to bail. No capias can issue in any case until the ^to'ftii^' gives bond, with security in double the amount sued for, conditioned that he will prosecute the capias with effect and without delay, and pay the defendant all costs and damages sastaingd by the wrongfully suing ■out sueh capias. Attachments. — Upon affidavit of a creditor, his agent or attorney, that -any person is indebted to such creditor in a sum exceeding twenty doUirs, and that the debtor has departed or is about to depart from the State, with the in- tention of having his effects removed from the State ; or is about to remove his property from the State, to the injury of such creditor; or conceals himself, or stands in defiance of an officer, so that process cannot be served upon him ; or is not a reddont of the State; or has fraudulently conveyed or assigned his ef- fects, or a part thereof, so as to hinder or delay his creditors, within two years prior to the filing of such affidavit ; or has fraudulently concealed or disposed of his property so as to hinder or delay his creditors within said two years ; or is about fraudulently to conceal, assign, or otherwise dispose of his property or effects so as to hinder or delay his creditors ; or where the debt sued for was fraudulently contracted on the part of the debtor, a writ of attachment issues. Before granting an attachment, bond in double the amount of claim must be given. When the sheriffis unable to find property of the defendant sufficient to satisfy the attachment, he is required to summon all persons within his county whom the creditor shall designate as having any property, effects, or cJioses in action, in their possession, or power, belonging to the defendant, or who are in any way indebted to him, to appear before the court to answer upon oath in relation thereto. Claims ag^ainst Estates of peroiis tleceaseiH.— All demands against the estate of any testator or intestate are divided into the following classes: — 1. Funeral expenses. 3. Th9 widow's award, if there is a widow, or children's, if there are children and no widow. 3. Expenses attending the last illness, not including physicians' bill. 4. Dabts due the common school or township fund. 5. All expenses of proving the will and taking out letters tes- tamentary or of administration and settlement of the estate, and the physicians' bill in the last illness of the deceased. 6. Where the decedent has recaived money in trust for any purpose, his executor or administrator shall pay out of his estate the amount thus received and not accounted for. 7. All other debts and demands, without regard to quality or dignity, which shall be ex- hibited to the court within two years from the granting of letters. All de- mands not exhibited within two years, as aforesaid, are forever barred, unless such creditor shall find other estate of the deceased, not inventoried or accounted for by the executor or administrator ; in which case his claim is paid pro rata, out of such subsequently discovered estate ; saving, however, to femes covert, infants, persons without the United States in the employment of the United States, or of this State of unsound mind, or in prison, the term of of two years after their respective disabilities are removed to exhibit their claims. 90 LAWS OF ILLINOIS. ~ Deeds, Mortg:ages, Acknowrledgment, Recording.— Deeds must be signed and sealed by the party making the same. A scrawl is a, sufficient private seal for a deed. No witnesses are required. Before it is en- titled to record, a deed must be acknowledged, or proved, before either of the following officers : Any judge or justice of the Supreme or District Court of the United States ; a commissioner for Illinois ; a judge or justice of the Supreme, Superior or Circuit Court of any of the United States or their territories ; a clerk of a Court of Kecord ; mayor of a city, notary publio, or United- States consul, provided, when such acknowledgment is made before a clerk, mayor or United States consul, it shall be certified by such ofSeer under his seal of office' Acknowledgments may also be made before any justice of the peace, but if such justice of the peace reside out of this State, there must be added to the deed a certificate of the proper clerk, setting forth that the person before whom such proof or acknowledgment was made, was a justice of the peace at the time of making the same. Deeds and other writings concerning real-estate situate in this State, if executed and acknowledged out of this State, may be acknowledged either in conformity to the laws of this State or the laws of the State where executed and acknowledged. But if the acknowledgment is not in conformity with the laws of this State, there must be a certificate attached to the acknow- ledgment by a court of record (and in case of foreign countries by the U. S. consul), that the officer taking such acknowledgment was duly authorized by the laws of his country to do so, and that the acknowledgment is in conformity with the laws of his country. The record of the deed is deemed notice to any purchaser, mortgagee or creditor, from the time when the same is actually filed for record, of the existence of the deed. Deeds must be recorded in the county where the real-estate is situated. Deeds which appear by anything therein con- tained to have been intended only as a security in the nature of a mortgage, are deemed mortgages, though absolute iii terms. The wife need not join in a purchase-money mortgage. Mortgages may be foreclosed: (1) by bill in equity (in which case there is one year's redemption from the sale); (2) by a strict fore- closure, whereby the mortgagee takes the property in discharge of the debt, and which proceeding may be had when the mortgaged premises are not of sufficient value to pay the debt, and the mortgagor is insolvent ; (3) by a sale under a power contained in the mortgage authorizing a foreclosure by publication of a notice, without the aid of the courts, upon failure to pay any portion of the debt or interest. The sale is absolute, and there is no redemption under any of the above foreclosures except the first. Chattel Mortgages of personal property, unless possession of such propetry be delivered to and remain with the mortgagee, or the mortgage be acknowledged before » justice of the peace in the justice district in which the mortgagor resides, and recorded, are not valid as against the rights of any third person. They must be recorded in the county where the mortgagor resides at the time when they are made, and shall then be valid for not more than two years, notwithstanding the property remains in the possession of the mortgagor, if such possession is provided for by the conveyance. Depositions.— When the testimony of a non-resident witness is necessary in any civil cause, depending in any court of law or equity in the State, the party wishing to use the same, on giving ten days' notice to the adverse party LAWS OF ILLINOIS. 91 or his attorney, and serving a copy of the interrogatories, may sue out of the clerk's ofdce a dedim/m potestatem or oommission, under the seal of the court, directed to any competent or disinterested person, as commissioner, or to any judge, master in chancery, notary public, or justice of the peace of the county or city where the witness resides, authorizing them to take the deposition of the witness, upon the interrogatories accompanying the commission. When the adverse party and his attorney are non-residents, the notice may be given by sending a copy thereof by mail, or if his residence is unknown, by posting it at the door of the court-house of the county where said suit is pending, or publish- ing the same in the nearest newspaper, and when interrogatories are required, filing a copy thereof with the clerk ten days before suing out the commission. By the Act of 1873, it is also provided that commissions may issue to take depositions of non-resident witnesses upon interrogatories, to be propounded orally, at which examination each party may be present in person or by attorney, and interrogate the witness. Ten days' notice must be given, and one day in addition for every hvmdred miles of travel from the place of holding court. Execution and Stay of. — Executions are not issued by justices of the peace until after twenty days from the date of the judgment, unless the party or his agent make oath that he believes the debt will be lost unless execution issues forthwith. But no sale shall take place within twenty days from the judgment. • Executions issued by a justice of the peace are returnable within seventy days ; other executions within ninety days. Executions are stayed by appeal, with security. There are no stay-laws. Executions are liens on the personal prop- erty of the debtor from the time of their delivery to the officers. Executions from other courts issue at the time the judgment is rendered. Real-estate sold under execution may be redeemed by the debtor at any time within twelve months by paying the amount of purchase-money with interest at ten per cent.; and any creditor may redeem, upon the same terms, within three months after such twelve months. Exemptions and Homestead Laws. — By the Act of March 33d, 1873, — in force July 1st, 1873, - the following articles of personal property owned by the debtor are exempt from execution, writ of attachment, and dis- tress for rent, viz. : 1st. The necessary wearing apparel of every person. 2d. One sewing machine. 3d. The furniture, tools and implements of any person necessary to carry on his trade or business, not exceeding one hundred dollars in value. 4th. The implements or library of any professional man, not exceed- ing one hundred dollars in value. 5th. Materials and stock designed and pro- cured by him and necessary for carrying on his trade or business, and intended to be used or wrought therein, not exceeding one hundred doUars in value, And, also, when the debtor is the head of "■ family and resides with the same, the following property : Ist. Necessary beds, bedsteads and bedding, two stoves and pipe. Snd. Necessary household furniture, not exceeding in value two hundred dollaxs. 3d. One cow, two swine, two sheep for each member of the family and the fleeces taken from the same, and the yarn and cloth that may be manufactured from the same. 4th. One yoke of oxen, or two horses in lieu thereof, worth not exceeding two hundred and fifty dollars, with the harness therefor. 5th. Necessary provisions and fuel for the use of the family for three 92 LAWS or ILLINOIS. months, and necessary food for the stock hereinbefore exempted, for the same time. 6th. The bibles, school books and family pictures. 7th. The family library. 8th. Cemetery lots or rights of burial, and tombs for depositories for the dead. 9th. One hundred dollars worth of other property suited to his condition in life, selected by the debtor. Whenever the debtor has not any or all of the specific articles hereinbefore mentioned, he can elect others of equal value in their stead, or he may retain the value thereof in money, if he shall so elect. The exemption continues while the debtor's family, or any of them, are remov- ing from one place of residence to another in this State. If the debtor dies, deserts or does not reside with his family, they are entitled to the same exemp- tions. The exemption does not apply to an attachment or execution issued in an action to recover the purchase-money for any specific property. Any ofBcer seizing any articles exempt from levy and sale is liable to the party injured for three times the value of the property illegally seized. Every householder hav- ing a family is entitled to a homestead to the extent in value oi fifteen hundred dollars in the farm or lot of land and buildings thereon owned, or rightfully possessed by lease or otherwise, and occupied by him or her as a residence. The rexemption does not apply to taxes, assessments or liabilities incurred for the purchase or improvement thereof. The exemption continues, after the death of the householder, for the benefit of the husband or wife surviving, so long as he or she continues to occupy such homestead, and of the children until the youngest child is twenty-one years old. If the husband or wife deserts the family, the exemption continues in favor of the other. In case of alienation of a homestead, the proceeds to the extent of fifteen hundred dollars are exempt ■ for one year after the receipt thereof. If the value of the homestead exceeds fifteen hundred dollars, and the same cannot be divided without injury to the interest of the parties, the premises can be sold on sixty days' notice, unless the execution debtor shall pay the surplus over and above the fifteen hundred dollars ; and in case of sale, fifteen hundred dollars is paid to the debtor. Interest. - The legal rate is six per cent. The parties may agree upon any rate not exceeding ten per cent. If a greater rate is agreed upon, it works a forfeiture of all interest. Judgments and Liien of.— Judgments in any court of record are a lien upon the real-estate of the debtor in the county where rendered, for seven years from the time the same are rendered, provided execution issues within one year. There is, however, no priority in the lien of judgments rendered at the anane term. Uen of Mechanics, &C. — Anj'' person performing labor or fui-nishing materials for erecting or repairing any building, may have a lien upon the same, together with the interest of the party with whom he contracts in the lot upon which it stands. The lien in ease of sub-contractors can only be enforced by giving notice to the owner of said buOding within twenty days from the oom- jletion of the sub-contract, or within twenty days after payment is due the sub- contractor ; and if the mooey due be not paid within ten days after the service fif said notice, then suit may be commenced. LAWS or ILLINOIS.. 93' Limitation of Actions. — Actions for the recovery of real property- must be brought within twenty years ; upon judgments, instruments under eeaV promissory notes, bills of exchange, and other instruments in writing within sixteen years ; upon open account, promise, rot in writing, of trespass, trover and replevin for tatingi away goods and chattels, of account and upon the case,. within five years ; trespass for assault and battery, malioious prosecution, wound- ing or imprisonment, within two years ; for libel and slander, within one year. A partial payment, or verbal promise, will revive a claim, barred by statute. A person under the age of twenty-one years, insane, or feme covei't, when a right of action accrues, may bring the action within the times above limited, after re- moval of such disability. By the act of April 4th, 1872, in force July 1st, 1873, the foregoing act of limitation is amended and modified as follows : — All actions for damages for any injury to the person, or for a statutory penalty, or for ad- duction, or for seduction, or for criminal conversation, miist be commenced within two years; actions on bonds, promissory notes, bUls of exchange, written leases, written contracts, or other evidences of indebtedness in writing, must be commenced within ten, years after the cause of action accrued, but if any pay-- meut or new promise to pay shall have been made, in writing, on any bond, note, bill, lease, contract or other written evidence of indebtedness, within or after the ten years, then an action may be commenced thereon at any time within ten years after such payment or promise to pay. Actions to foreclose mortgages are " limited to ten years. The time a party is absent from the State (except when the cause of action accrued elsewhere) is excluded from the time of limitation of actions. A male person under the age of twenty-one years and female under eighteen years, or person insane or imprisoned on a criminal charge, when a right of action accrues may bring the action within two years after the removal of such disability. In case of fraudulent concealment of the cause of action by the person liable, from the person entitled thereto, he is allowed five years to bring the action from the time that he discovers that he has such cause of ac- tion. It is provided by this act that the repeal of former limitation laws shall not be construed so as to effect any causes of actions that may have accrued prior to July Ist, 1873. Married. Women. — All the property belonging to a married woman as her separate property, or owned by any woman at the time of her marriage, or acquired by any married woman during coverture, from any person other than her husband, together with the rents and profits thereof, shall remain, during coverture, her sole and separate property, and not be subject to the control of her husband, or liable for his debts. The earnings of a married woman also be- long to her exclusively. A vridow shall be endowed of the third part of all the lands whereof her husband was seized of an estate of inheritance, at any time during the marriage, and of all equitable estates, and all real-estate of every description contracted for by the husband in his lifetime, the title to which may be completed after his decease. Widows of persons dying intestate are entitled to one-third of the personal estate of their deceased husbands, after the payment of debts, as their property forever. IVotes, Bills, and. Protest. — Days of grace not allowed on negotiable paper payable at sight or on demand. The Ist day of January, 4th day of July 94 LAWS OF ILLINOIS. 25th day of Dec, and any day of fast or thanksgiving appointed by the governor of the State or the president of the United States are holidays ; and paper fall- ing due on either of those days is deemed to have matured on the day previous, and, if two or more of said days come together, on the day previous to the* first of said days. The record of a notary, as to the time and manner of serving notice of protest, is competent evidence to prove such notice. Taxes are payable on the first Monday of November, and there is allowed about six months time within which to pay them before a sale. Keal-estate is assessed to the party who owns it on the first day of May. In case of the sale of property after the first day of May in any year, the grantor is obliged to pay the taxes of that year. Real property sold for taxes may be redeemed at any time within two years by paying double the amount for which it was sold, with all taxes accruing after the sale, and ten per cent, interest thereon from the day of sale. Wills. — Every person aged twenty-one years, if a male, or eighteen years if a female, being of sound mind and memory, may make a wiU. Married women may dispose of their separate estate, by will, in the same manner as other per- sons. Wills must be in writing, signed by the testator, or by some one in his presence and by his direction, and attested in his presence by two or more credible witnesses. "Witnesses. — ^No person is disqualified as a witness in a civil case by reason of his interest in the event thereof as a party or otherwise, or by his conviction of crime ; but such interest or conviction may be shown for the purpose of affecting the credibility of such witness. Parties and persons interested are not permitted to testify, however, when the adverse party sues as the trustee or conservator of any idiot, habitual drunkard, lunatic or distracted person, or as the executor, administrator, heir, legatee or devisee of any deceased person, or as guardian or trustee of any such heir, legatee or devisee, unless when called as a witness by such adverse party so suing or defending, and also except in certain other cases mentioned in the law, the provisions of which are quite voluminous. Certificates of Acknowledgineiit, &c., of Deeds. 1. The following is the statutory form of acknowledgment given by the Act of 1873, in force July Ist, 1873, and applies to married, wmnen: State of , i County of . j ®^ • I (here give name of ofBoer and his official title) do hereby certify that * (name of grantor, and if acknowledged by wife, her name, and add " his wife"), personally known to me to be the same person whose name is [or are) subscribed to the foregoing instrument, appeared before me this day in person, and acknow- ledged that he (she or they) signed, sealed and delivered the said instrument as his (her or their) fi-ee and voluntary act, for the uses and purposes therein set I,A\V8 OF ILLINOIS. 95 forth, including the release -and waiver of the right of homestead under the laws of the State of Illinois. Given under my hand and (private or official, a's the case may be) seal, this (day of the month) day of (month) A. D. (year). [Seal.] (Signature of officer). 3. By Gkantoe not kkowtst to the Officer. [As above in form 1 to the *] A. B., who was proved to me, on the oath of E. F., a credible witness, to be the person whose name is subscribed to the fore- going deed as having executed the same, appeared before metlis day in person, and acknowledged that he signed, sealed and delivered the said instrument as his free and voluntary act, for the uses and purposes therein set forth. Given, &c. 3. Proof by a Subscmbing Witness. [As in form 1 to the *] E. F., personally known to me to be a subscribing witness to the foregoing deed, appeared before me this day in person, and after being duly sworn according to law, did depose and say that A. B., whose name appears subscribed to said deed, is the real person who executed the same, and that he, the said E. E., subscribed his name as witness thereto, in the presence and at the request of the said A. B., which is sufficient evidence to me of the execution of said deed. Given, &c. Instructions and Forms for taking Depositions. caption. " The deposition of of the County of and State (or Ter- ritory) of a witness of lawful age, produced, sworn, and examined, upon his corporal oath, on the day of in the year of our Lord one thousand eight hundred and seventy at the office (or house) of in the town (or city) of in the County of and State (or Territory) aforesaid, by me a commissioner (or " by us," if more than one commissioner, inserting all the names of the commission, ers), duly appointed by dedimus potestaiem or commission issued out of the Clerk's office of the Court of County, in the State of Illinois, bearing teste in the name of Esq., Clerk of the said Court of County, with the seal of said Court affixed thereto, and to me (or " us," if more than one) directed as such commissioner (or commissioners) for the examin- ation of the said a witness in a certain suit, and matter in contro- versy now pending and undetermined in the said Court of County, wherein is plaintiff, and is defendant, in be- half of the said , as well upon the cross interrogatories of the as on the interrogatories of the n hich were attached to, or enclosed with the said commission, and upon none others. The said being 96 LAWS OF ILLINOIS. first duly sworn by me (or " by one ofthe said commissioners,'' if more than one) as a witness in the said cause, previous to the oommenoement 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 plaintiBF and defendant so far as he should be interrogates, testified and deposed as fol- lows :" " Interrogatory 1st." (Here insert the first interrogatory). " Answer to the first interrogatory," (here insert the answer), and so on suc- cessively in the order in which the interrogatories may be propounded and an- swered. Then follow : " Cross interrogatories and answers thereto by the wit- ness on the part of the defendant" (or plaintifi: as the case may be). (Here again write down the interrogatories and answers, successively, in the order aforesaid.) After the deposition istaken, 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 wOl 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 the examination. The commissioner should then certify as to the time, place and manner of taking the deposition, as follows: I, of the County of and State (or Territory) of a commissioner 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 examination of the said as a witness in the suit between the said plaintiflf, and the said defendant, he was duly sworn by me as such commissioner (or " by one of the commission- ers," if more than one^, to testify the truth in relation to the matters in con- troversy between the said plaintiff and the said defen- dant, so far as he should be interrogated concerning the same ; that the said deposition was taken at ray office (or " at the house of ") in the city (or " town") of in the county of and State (or " Territory") of on the day of A. D. 187 ; and that after said deposition was taken by me (or " us") as aforesaid, the in- terrogatories 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 de- pojient before me (or " us") the oath being administered by one of said commissioners ; (where there are more than one) as such commis- sioner, at the place, and on the day and year last aforesaid." (Signed), " " " Commissioner." (The foregoing certificate of the commissioner should be at the foot, or bottom of the deposition, immediately following the signature of the witness.) The commissioner should then fold up the deposition as thus taken and cer- tified, together with the commission and interrogatories, and all exhibits (if any) produced on the examination, properly marked or lettered, as " Exhibit A," " Exhibit B," etc , and enclose the whole in a suitable wrapper, or envelope,, and then seal up the same securely with three seals, writing his name trans- versely 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 LAWS or ILLINOIS. 97 each one will write his naine aorogs one of the seals in manner aforesaid. The commissioner (or commissioners) will also endorse the names of the parties to the suit, transversely across one end of the package thus sealed up, according 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 OfS.ce. 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 dictate, write or draw up any part of the deposition required to betaken as aforesaid. It is important to the validity of the deposition that these requirements 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. P., of the County of and State of witnesses of lawful age, produced, sworn, and exam- ined on their respective corporal oaths," etc., and then in the latter part of the caption, say : "The said A. B., 0. D. and E. E., being first duly sworn by me as witnesses in the said cause," etc. Then at the commencement of each depo- sition, say : " Interrogatories propounded to the said A. B., a witness produced and sworn as aforesaid, on the part of the said _ and his answers thereto," as follows : " Interrogatory 1st." (Here insert the first interrogatory). " Answer to 1st interrogatory." (Here insert the answer). And so on successively with all the interrogatories to be propounded to that witness. Then insert the cross-interrogatories as before directed. The deposi- tion should then be read over to the witness, and signed, and sworn to by him before the next witness is examined. Then proceed with the second and third witnesses in like manner to the end. One certificate as to the time, place and manner of taking such depositions, and that each one was signed and sworn to by such witnesses respectively, will be sufficient, provided due care be taken to insert the names of all the wit- nesses, and the certificate in other respects be in conformity with the form given in the first instance. Great care should always be taken to attach such deposi- tions firmly together by means of tape or riband, and using wax or wafers when necessary. 7 COURTS OF ILLINOIS. SUPREME COTJET. The Supreme Court has original jurisdietion in cases relating to the revenue^ in mandamus and habeas corpus, and appellate jurisdiction in all other cases. The State is divided into three grand divisions, denominated Northern, Central and Southern, in each of which one term of the Supreme Court is held annu- ally. The Court consists of seven judges, whose term of office is nine years. Judges.— C. B. Lawrence, G-alesbirrg ; Sidney Breese, Carlyle ; P. H. Walker, Rushville ; Anthony Thornton, Shelhyville ; J. M. Scott, Bloomington ; B. E. Sheldon, Galena; W. K. McAlister, Chicago. Clerks.— W. M. Taylor, Ottawa; W. A. Turney, Springfield; B. A. D. Wilbanks, Mt. Vernon. Ebportbb. — N. L. Freeman, Springfield. W. BushneU, Attorney General. cmcmT COURTS. The Circuit Courts have original jurisdiction of all causes in law and equity, and such appellate jurisdiction as may he provided by law. The State is at present divided into thirty circuits, for each of which a judge is elected, holding office for six years. The Circuit Court of Cook County consists of five judges. The Circuit Judges are : 1st Circuit, C. D. Hodges, Carrolton ; 3d, S. L.. Bryan, Salem ; 3d, M. C. Crawford, Jonesboro ; 4th, H. B. Decius, Majority Point; 5th, C. L. Higbee, Pittsfield; 6th, G. "W. Pleasants, Eock Island; 7th, E. S. Williams, John T. Eogers, W. Earwell, Henry Booth, Lambert Tree, Chicago; 8th, T. E. Tipton, Bloomington; 9th, E. S. Leland, Ottowa; 10th, A. A. Smith, Galeshurg; 11th, J. McRoberts, Joliet; 12th, J. M. Pollock, Mt. Vernon; 13th, T. D. Murphy, Woodstock; Uth, William Brown, Rookford; 15th, J. Sibley, Quincy ; 16th, S. D. Puterbaugh, Peoria ; 17th, A. J. Gallagher, Decatur ; 18th, H. M. Vandeveer, Taylorville ; 19th, D. J. Baker, Cairo; 30th, C. H. Wood, Onarga; 31st, C. Turner, Pekin; 33d, W. W. Heaton, Dixon ; 33d, S. L. Richmond, Laoon ; 34th, J. Gillespie, Edwardsville; 35th, E. S. Canby, Olney ; 36tb, A. D. Duff, Benton; 37th, J. Steele, Mattoon; 38th, S. Wilcox, Elgin; 30th, J. A. McClernand, Springfield. SUPERIOR COURT OF COOK COUNTY. This Court is located at Chicago. Its jurisdiction is concurrent with that of the Circuit Court. Judges. — Wm. A. Porter, Joseph E. Garey, and John. A. Jameson. Clebk.-=-A. Jacobson. Terms are held on the first Monday of each month. LAWS OP INDIANA. 99 JUSTICES' OOUKTS. Justices of the Peace have jurisdiction, within their counties, in actions of debt, assumpsit, for goods sold and delivered, and in most other civil actions where tiie amount claimed does not exceed f 100. LA\VS OF INDIANA BBLATING TO CIVIL ACTIONS, DEEDS, WILLS, &c. PBEPAEBD FOR THIS WORK BY HENRY D. PIERCE, Esq, ov the Indianapolis Bar. Revised Statutes, Code, Practice. — Date of last revision 1853. Latest publication of the revised code, as amended, by Gavin & Hord, 1870, with a third volume comprising all public acts to January 1, 1871, by Edwin A. Davis. These, with the " Acts of 1871," (printed by the State) contain all the general laws now in force. Practice in civil suits is under the code of 1853, in which all dis- tinction between law and equity, and all forms of action are abolished. All de- fenses, except the denial of the facts alleged by the plaintiff, are pleaded speci- ally. On the second and following days of the term, the dockets are called by the court for pleadings or defaults. Amendments to pleadings are allowed with liberality, somewhat in the discretion of the court. Actions are commenced by filing in the ofEce of the Clerk of the Court a complaint, in the name of the real party in interest, in most oases, and the issu- ance and service of summons at least ten days before the first day of the term. Provisions are made for service by publication. A judgment rendered on ser- vice by publication may be opened within five years, except in divorce cases the judgment may be opened within two years, but only as to the subject of ali- mony and custody of children. Arrests are allowed in civil pases, when there is filed in the office of the Clerk of the Court an affidavit of the plaintiff, his agent or attorney, specifying the right to recover an existing debt or damages ; and that the defendant is about to leave the State, with property, with intent to defraud the plaintiff. An undertaking of the plaintiff must first be filed, with sufficient sureties, to pay aU damages sustained by the arrest, if wrongful, not to exceed double the amount of the claim. AttactamentS against the property of the defendant are allowed, where the action is for the recovery of money, at the commencement of the action, or 100 LAWS OF INDIANA. any time afterwards, upon the affidavit of the plaintiff, or some one in his be- half, showing the nature of the claim ; that it is just ; the amount to be reooT- ered ; and the existence of one of the following causes : (1) That the defendant is a non-resident, or a foreign corporation. (3) That the defendant is secretly- leaving, or has left the State, with intent to defraud his creditors. (3) Or con- ceals himself so that summons cannot he served. (4) Removal of property out of the State. (5) That the defendant has sold or is about to sell or dispose of property with intent to defraud creditors. "With certain exceptions no attach- ment can issue against a debtor while his wife and family remains settled in good faith within the county where the debtor's usual place of residence had been prior to his absence. AU creditors share pro rata who file their claims under an original attachment before final judgment. Claims against Estates of persons deceased, except judg- ment and mortgage liens created during the life time, must be filed in the office of the Clerk of the Common Pleas Court, within one year from the appointment of the executor or administrator, or no costs can be recovered. Alter one year, if not iiled at least thirty days before final settlement, the claim is, with few exceptions, barred. A succinct statement of its nature and amount is suf- ficient, if it have attached the affidavit of the claimant, that it is justly due and wholly unpaid. The entry by the clerk upon the appearance docket of the court is the only notice of the filing necessary. When the claim has been so entered ten days before the first day of the ensuing term, the executor or administrator may admit or refuse it, on the margin of the docket ; if not admitted, it is to stand for trial at the next term. After allowance it has the force of a judg- ment, and bears interest at six per cent. Deeds, Mortgagees, Acknowledgment, Recording.— Private seals are ■ abolished. One witness is sufficient ; and when the deed is acknow- ■ ledged by the party no witness is necessary. The certificate of acknowledgment may be annexed or indorsed. AU conveyances of land must be by deed in writ- ing, subscribed and duly acknowledged by the grantor or his attorney, empow- ered by a like instrument. The joint deed of husband and wife passes the lands of the wife, but does not bind her to any of the covenants. Conveyances, to be v,alid against any other than the grantor, his heirs, or those having notice thereof, must be recorded within ninety days from their execution. To enable deeds and mortgages to be recorded, they must be acknowledged or proved be- fore a judge, or clerk of some court of record, justice of the peace, auditor, re- corder, notary public, or mayor of a city, in this or any other State, or before a commissioner of this State residing in another State, or before a minister, charge d'affaires, or consul of the United States in a foreign country. Acknowledg- ments before an officer having an official seal require no further attestation. Acknowledgment is essential to admit a deed to record, but' not to its validity which may be proven by attesting witnesses. A married woman need make no acknowledgment different from that of an unmarried woman. A married woman under twenty-one and oyer eighteen may join her husband in con- veying Ma property, if her father, or if he be dead, her mother, declare before the officer taking the acknowledgment, that it would be prejudicial to her LAWS OF INDIANA. hi and her husband not to convey, and that it is for the interest of the woman"-**; convey ; this declaration with the name of the father or the mother to he in- serted in the certificate. The conveyance by a corporation mnst of course be "under its corporate seal. AH convey;.nces and mortgages of lands, and every lease for three years, must be recorded in the recorder's office of the county where the lands are situated, within ninety days fi'om the execution thereof, otherwise they are held fraudulent and void as against subsequent purchasers or mortgagees in good faith for a valuable consideration. Chattel mortgages must be recorded within ten days from date of execution. ■ Depositions are taken out of the State under a commission issued by the clerk of the court where the cause is pending, directed generally to any officer authorized to take depositions. Notice must be served upon the adverse party, and reasonable time given to reach the place of taking the deposition by the or- dinary facilities of travel, excluding the day of service of notice, intervening Sundays, and the day of taking. Depositions of witnesses may be taken within or without the State, before a judge, justice of the peace, notary public, mayor, or recorder of a city, clerk of a court of record, or a commissioner appointed by a court ; but not before any person being of kin to either party or Interested in the action. Unless waived by agreement, officers in other States must act under a commission {dedimus potestatem) from the clerk of the court in Indiana where the cause is pending. Objection to a deponent, as not competent, or to any questions proposed to or answers given by him, may be made at the examina- tion and embodied in the deposition, or subsequently in open court. Execution and Stay of. — Executions are a lien on personal property within the jurisdiction of the officer from the time of delivery, but if there be several executions in the hands of different officers, the first levy has the pref- erence, and devests all liens created by prior delivery. An execution to an- other county from that in which judgment is rendered is a lien only from time of levy. Executions may issue at any time within five years after rendition of the judgment; after that period leave of court must be obtained, upon notice and motion. Executions from a court of record may issue to any county in the State. Property sold on execution, unless otherwise directed by the judgment, must be appraised and sold for at least Ueo-thirds its appraised value. "When notes or other instruments or contracts in writing contain the clause " without relief from valuation or appraisement laws,'' the property of the judgment-deb- tor is sold upon execution for what it will bring. Stay of execution is allowed on nearly all judgments, by presenting one or more sufficient freehold securities as follows : On sums not exceeding six dollars, thirty days ; over six and under twelve dollars, sixty days ; over twelve and under twenty dollars, ninety days ; over twenty and under forty dollars, one hundred and twenty days ; over forty and under one hundred dollars, one hundred and fifty days; over one hundred dollars, one hundred and eighty days. Stays are not allowed on judgments for moneys received in a fiduciary capacity ; or for breach of official duty. Every recognizance of this character operates as against the bail, as a judgment con- fessed. The property of the judgment debtor must be exhausted before that of the bail. Bedemptions. Personal property taken upon execution may be redeemed 102 LAWS OF INDIANA. by deUvering bond. All lands sold under judgments upon contracts, since June 4, 1861, may be redeemed witliin one year from sale, by the payment of the purchase money, -with interest at the rate of ten per cent, per annum. The ex- emption or stay laws cannot be waived in a binding form. Exemptions stttH Homestead l.a.'WS. — Every resident householder may claim as exempt from execution, property, real or personal, to the amount of three hundred dollars, on any debt founded on contract made since May 6, 1853. This right exists while in transitu from one residence to another, within the State. There is no homestead exemption. Interest. — The legal rate of interest is six per cent.; but any other rate, not exceeding ten per cent, may be provided for by written agreement. All inter- est over ten per cent, is usurious, and illegal as to the excess only. The rate of interest on judgments is six per cent., and without regard to the contract of the parties. Judgments and Men of. — Judgments of supreme, circuit,, superior and common pleas courts are liens upon all real estate of defendant liable to ex- ecution in the county where rendered, for the space of ten years, and after the expiration of twenty years are deemed satisfied. A transcript of the judgment of any court of record may be filed in another county, and from the time of filing becomes a lien on the real estate of the judgment debtor in that county. An order of attachment binds the defendant's property in the county where issued, and becomes a lien from the time of delivery to the sheriff. Goods in the hands of a consignee are subject to a Hen for any debt due from the consignor. Jus- tices' judgments become a lien on real estate from the time of filing transcript in the common pleas court. Judgments on bonds payable to the State become a lien on the real estate of the debtor from the commencement of the action . Every recognizance binds the real estate of the principal from the time it is taken, but that of the surety only from the time judgment of forfeiture is taken ; those taken by justices in criminal cases become a lien from the time of filing in circuit or criminal courts. « Liens of Meclianics, &c. -Mechanics and all persons furnishing ma- terials for, or performing labor upon, any building, or machinery therefor, have a lien on the building and real estate on which it is situated for their pay, either jointly or separately, by filing notice of intention to hold such lien in the re- corder's office within sixty days after completion of the work. The lien relates to the time when the work or repairs commenced, and has priority over any subsequent claims only. The statute gives a lien on all boats and water-craft for debts contracted for supplies, wages, repairs, etc. A mortgage for purchase- money has preference over a prior judgment against the purchaser. Mechanics and tradesmen have a lien on goods left for alteration or repair, liverymen and feeders on stock left with them, forwarding and commission merchants on goods in storage. Attorneys have a lien for their fees on aU judgments taten by them, upon entering notice on the docket or order book at the time of taking, giving the amount of such fees. LAWS OF INDIANA. 103 liiiiiita.tioii of Actions. — Actions for injuries to person or character, and for penalty or forfeiture by statute, must be commenced -within two years ; against public officer or his sureties, -within three years ; for the recovery of real property sold by executors, etc., on a judgment directing such sale, by a party to the judgment, his heirs or assigns, subsequent to the date of judgment, -with- in five years after confirmation of sale ; on accounts and contracts not in -writ- ing, for use, rents, and profits of real property, for injuries to property, and for the recovery of personal property and damages for the detention thereof, for re- lief against frauds and for money collected by public oflicer, -within six years ; for the recovery of real property sold on execution, -when action is brought by execution debtor, his heirs or assigns, after date of judgment, within ten years. All actions not limited by statute shall be brought within fifteen years after the same shall have accrued ; actions on -written contracts, judgments of a court of record, and for the recovery of real estate, within twenty years. Persons under legal disability may bring their actions -within two years after such disability is removed. Set-oflf or payment may be pleaded, notwithstanding the same are barred by statute. When a cause of action is barred by the statute of the state where the defendant resided at date of contract, the lex loci contractiis shall govern the limitation. An acknowledgment or ne-w promise, in order to oper- ate as a new or continuing contract, must be in writing, signed by the party to be charged. inarried. W^OmeM. — A married woman may sue and defend alone where the action concerns her separate property, or where the action is between her- self and husband. The wife may claim the benefit of the exemption law for her husband in his absence. She may qualify as an executrix -with the consent in -writing of her husband. Marriage, after having been appointed an administra- trix, does not cause her removal if her husband consents in -writing. Married women may -make wills as if single. A wife of an insane husband may contract in relation to her separate property as a. feme sole. A married woman holds her real and personal property and all profits therefrom absolutely as her separate property, and they are not liable for the debts of her husband, but she cannot alien or encumber her personal or real estate unless her husband join in the con- veyance. The separate deed of the husband conveys no interest in his -wife's land. The oourbs may authorize her to sell and convey her own real estate in case of abandonment by her husband, or his confinement in the penitentiary, and to make any contracts. By the statute of 1853, tenancies by the courtesy and dower are abolished. A widow takes one-third of her deceased husband's Teal estate in fee, free from aU demands of creditors, where the estate does not exceed ten thousand dollars ; where it does not exceed twenty thousand dollars one-fourth only ; and where it exceeds twenty thousand dollars one-fifth only as against creditors. She takes one third of the personalty. In all cases she takes three hundred dollars from the estate without accounting. If a -widow marry a second husband, she cannot alienate real estate held by -virtue of her previous marriage, but it goes to her children by the former marriage. A second or subsequent -wife, if there are children by a former wife, takes only a life estate in her husband's lands unless she have children alive. A widow may elect to take under her husband's will, or the law. Alienage of the -wife does not affect 104 LAWS OF INDIANA. her rights if the hushand is a citizen, or if an alien he be authorized to hold lands. The wife's interest is saved from reversion in the absence of heirs, where an estate is given to the husband incorsideration of lore and aflfection. A widow may occupy the dwelling and forty acres of land of her deceased husband, free of rent for one year. Wotes, Bills and Protest. — Bills of exchange and promissory notes payable in bank within the State, are governed by the law merchant. On all bills of exchange payable within the State, whether sight or time bills, three days of grace are allowed. Notes and bills not payable in bank are governed by statutory provisions as follows : All notes and bills are negotiable by in- dorsement. The assignee may in Ms own name recover against the maker. The suit must be brought in the name of the real party in interest. What- ever defense or set-off the maker of any such instrument had before notice of assignment against an assignor or the original payee, he shall have also against their assignee. The maker is entitled to all defenses against the note in the hands of the assignee which he could make against it in the hands of the payee. All notes and bills should contain the clause, " without any relief what- ever from the Valuation or Appraisement Laws of Indiana." The holder of a note or bill, whether negotiable by the law merchant or by the law of this State, may institute suit against the whole or any number of the parties liable ; but not more than one suit at the same term. Damages of 5 per cent, are allowed upon protested bills drawn oe negotiated in this State, if drawn upon a person at a place out of the State ; and 10 per cent, if upon a person out of the United States. Beyond such damages no interest or charges are allowed, except from date of protest. A holder without consideration cannot recover damages. Protest must of course be made on the last day of grace, in the usual form. If the notary's certificate shows that written notices were duly given to the several parties- naming them— it is sufficient evidence of the fact. Taxes attach as a lien on real estate on the 1st day of January each year. Penalties attach on the third Monday in March annually, and after that day all unpaid taxes are collectable by distress and sale of personalty. Sales of real estate for taxes occur in each county on the first Monday of Pebruary annually. All lands on which taxes are delinquent for two years are offered. After sale the owner has two years in which he may redeem. If not redeemed within, the time a deed is made to the purchaser by the county auditor. In order to sustain a tax sale, the party claiming under it must show a substantial com- pUanoe with every provision of the law authorizing the sale. A tax deed is only prima facie evidence of regularity of the proceedings, and may be contra- dicted. Possession under a tax deed is adverse though the title be invalid. "Wills. — AU persons of sound mind, who are twenty-one years of age, may make wills and devise all their estate, of every kind, to any person or corpora- tion, saving the legal provision for the widow. Married women may devise their separate propertj^. Wills must be in writing (except nuncupative, be- queathing not to exceed one hundred dollars), signed by the testator or some person by his direction and in his presence, and attested by two persons sub- scribing as witnesses in his presence. Wills may be probated by the court of LAWS OF INDIANA. 105 common pleas of any covmty -where the testator resided, or in wliich he shall die leaving assets, on proof of execution by one or more suhscribing -witnesses, or by proof of hand-writing of the testator and of the -witnesses, in case of their incompetency, death or absence. Pro-visions are made by statute for contesting the Talidity and probate of -wills, either before or within three years after offered to probate. Wills excuted -without the State, and probated in another State or country, according to the laws thereof, may in most cases be recorded, and shall have the same effect as if executed in the State. Witnesses.— In civil actions no party is disqualified as a -witness by reason of interest, and one party to the suit may compel the other to testify. Hus- band and -wife are not competent -witnesses as to matters for or against each other, or oomm.uiiications made during marriage. When an executor, adminis- trator or guardian ia a party, and the judgment affects the estate, neither party can testify unless called by the adverse party. A want of belief in the Su- preme Being only affects the credibility. Certificates of Acknowledgment, &c., of Deeds. 1. Within the State : by Husband and Wife. State of Indiana, j County of Before me, Henry D. Pierce, a Notary Public [or Commissioner, &o.] in and for said county and State, personally appeared, this day of 18 , John Doe and Mary Doe, his wife, and severally acknowledged the execution of the annexed deed [or mortgage, &c., as the case may be]. Witness my hand and notarial [or of&cial] seal, the date last aforesaid. HENRY D. PIEECE, [Seal.] Notary PiMic. 3. Out op the State : by Individual G-bantor. State of County of Before me [name and title of office], this day of 18 , A. B. acknowledged the execution of the annexed [or within] deed. [Seal] [Signature and title.] 3. Pkoof by Witness : may be made in the Fobm used ik Ne-w York. 4. Declakation to bar Dq-wer of Wife under Age. [As in form 2, above, to " A. B." and then continue] and C. B., his -wife, and severally acknowledged the execution of the annexed deed ; and the said C. B. -being a married woman, over the age of eighteen years and under the age of twenty-one years, her father [or ha-ving no father, her mother], D. B., then also personally appeared, and declared before me, that he [or she] believed that such conveyance was for the benefit of the said C. B , and that it would be prejudi- cial to her and her husband to be prevented from disposing of the lands thus- conveyed. 106 LAWS OF INDIANA. Instructions and Forms for Taking' Depositions. The deponent shall be first sworn by the officer to testify the truth, the whole truth, and nothing but the truth, relating to the cause or matter for which the deposition is to be taken ; and he shall then be examined by the party produc- ing him, and then by the adverse party, and by the officer or parties afterwards, if they see cause. The deposition shall be written down by the officer or by the deponent, or by some disiuterested person, in their presence and under the direction of the officer, and after the same has been carefully read to or by the deponent, it shall be subscribed by him. FoBM OP Caption. Deposition of witness produced and sworn to before me, a of [residence] at in County, State of , on the day of , 18 , pursuant to the enclosed notice, [ani commission if there be one]. This [or these] deposition taken on the part of the in a certain action now pending in the Court of County, in the State of Indiana, wherein plaintiff and defendant. The said [first witness] being by me first duly sworn to testify the truth, the whole truth, and nothing but the truth relating to said cause, deposes as follows : Examined by Question 1 — Answer. Cross-examination in the same manner. Ee-examination if required. In the chief examination care should be taken to avoid leading questions. Let the witness s!gn his deposition. The deposition may be continued thus : And the said [Second witness being duly sworn, &c., &o.] After the examination of all the witnesses is concluded, and each witness has sigaed his respective deposition, the officer wiU certify as follows : Cebtificatb. The State of , ) County of . 5 I, a within and for said county, hereby certify that the above [here set out the name of the witness or witnesses] was [or were] by me first duly sworn according to law to testify the truth, the whole truth, and nothing but the truth relating to said cause ; that his [or their] deposition reduced to writing by me [or " by said deponent," or by " A. B., a disinterested person, in my presence and under my directions," as the case may be], that the said [adverse party] attended in person [or by C. D., his or their attorney, or was not present, as the case may be], and said deposition taken at in county of State of on the day of 18 , between the hours of eight A. M. and 6 P. M. of said day. In testimony whereof I have hereunto set my hand and seal this day of 18 . The officer taking the deposition should seal up the same in a sufficient paper LAWS OP INDIANA. 107 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 witnesses whose depositions are enclosed. COURTS OF INDIANA. SUPREME OOUET. It has appellate jurisdiction only from the superior, common pleas, criminal and circuit courts of the State. Injunctions are granted by it in certain cases. There is no distinction among the judges ; each acts as chief justice in rotation, for a single term. They are, John Pettit, of La Fayette ; James L. Worden, of Fort Wayne; Samuel H. Buskirk, of Bloomington ; Alexander C. Downey, of Eiaing Sun. The of&cera of the court are as follows : Clerk, Theodore W. Mc- Coy, of Indianapolis ; Eeporter, James B. Black, of Indianapolis ; Attoi'ney-Gen- eral, Bayless W. Hanna, of Terre Haute. Terms commence at Indianapolis on the fourth Mondays of May and November. The court sits at chambers during the greater part of the year, and causes can be submitted by agreement, on briefs, at any time. CIRCUIT, SUTERIOR, AND COMMON PLEAS COURTS. The circuit court, superior court, and court of coromon pleas have original concurrent jurisdiction in moat civil cases, such as actions on contracts, etc. The circuit has exclusive jurisdiction in actions for libel, breaoh of marriage contracts, and concerning title to real estate. The common pleas has exclusive jurisdiction of probate matters. The superior and circuit courts only have jur- isdiction in actions for slander. In all cases of concurrent jurisdiction the court first obtaining cognizance, retains it exclusively. There are two terms of the circuit court and three of the common pleas held annually in most of the counties ; in Marion county four of each. An appeal from the special to the general term of the superior court is granted as a matter of right, without bond except in special cases. The superior court was established in 1871. It exists at present only in Marion county, the latter being the only county containing a city (Indianapolis) of over forty thousand inhabitants, that being requisite to the organization of this court. Judgment may be had at the first term after suit commenced, unless good cause of defense is shown. A judgment in either of these courts for less than fifty dollars does not carry costs. Judges of the 8v/perior Court of Marion County : Horatio 0. Newcomb, Fred- erick Rand, and Solomon Blair, all of Indianapolis. 108 COURTS OF INDIANA. Judges of the Circuit Courts : Ist Circuit, John G. Berkshire ; 2d, George A. Bioknell; 3d, Newton F. Malott; 4th, "William A. CuUen; 5th, John S. Tax- kington ; 6th, WiUiam M. Franklin ; 7th, Joshua H. Mellett ; 8th, Thomas F. Davidson ; 9th, Thomas S. Stanfield ; 10th, Robert Lowry ; 11th, Horace P. Biddle; lath, David P. Vinton; 13th, Silaa Colgrove; 14th, Hiram S. Tousley; 15th, James G. Jones ; 17th, James O'Brien ; 18th, Chambers T. Patterson ; aeth, Henry C. Hanna ; 38th, David D. Banta. Judges of the Common Pleas Courts: 1st District, Hon. "William P. Edson ; 3d, James T. Pierce; 3d, Milton S. Mavity ; 4th, Patrick H. Jewett ; 5th, Scott Carter; 6th, John P. Kibby; 7th, Prank Emerson; 8th, Kiohard L. Coffey; 9th, Henry Bums; 10th, JohnE. Scott; 11th, "WiUiam K. "West; 13th, Living- ston Howland; 13th, Joseph Kistine ; 14th, "William Garver ; 15th, Alfred Eeed; 16th, Hiram A. GiUett ; 17th, Edward J. Wood ; 18th, Jacob M. Haynes ; 19th, ■William M. Clapp ; 20th, "William H. Carson ; 31st, James H. Carpenter ; 22d, "William A. Moore; 33d, John M. LaRue; 34th, Truman H. Palmer; 35th, Daniel P. Baldwin. Judges of the Criminal Courts : Marion County, Byron K. EUiott ; Tippe- canoe Co., Baltzer K. Higgenbotham ; Allen Co , James "W. Borden ; Wayne Co., George Holland ; Vigo Co., Thomas B. Long; Eloyd and Clark Co., Cyrus L. Dunham ; Vanderburgh Co., Charles H. Butterfield. Terms of the Superior Court of Marion County (Indianapolis), commence on the first Monday of every month, July and August excepted. JUSTICES' COURTS. Justices of the Peace have jurisdiction in oolleotioiiB and other civil cases, to the amount of two hundred dollars, within the tovraiship where the debtor re- sides ; but they may render judgment upon confession to the amount of three hundred dollars. Judgment can be had generally within a week or ten days. LA\VS OF IOWA, BBLATIN& TO CIVIL ACTIONS, DEEDS, WILLS, &c., PEBPAEBD FOB THIS WOBK BY LACEY & SHEPHERD, Esqbs., of Oskaloosa, Iowa. Revised Statutes, Code, Practice. — A code of procedure known a3 the revision of 1860, now regulates pleading and practice in this State, but a coBunission has been engaged during 1871 in revising the statutes, and a new code will probably be published during the year 1873, superseding the revision, now in force. Actions. — The common law system of pleading has been abolished, and actions are commenced by the service of an original notice and by the filing of a petition. All pleadings must state concisely and in ordinary language the facts constituting a cause of action or defense. ArrestS.^Imprisonment for debt is iiot permitted. AttacbnientS may be sued out when a debt is not due, and nothing but time is wanting to fix an absolute indebtedness, by stating that fact, and in ad- dition thereto : That the defendant is about to dispose of his property with in- tent to defraud his creditors ; or that he is about to remove from the State, and refuses to make any arrangements for securing the payment of the debt when it falls due, and which contemplated removal was not knovTn to the plaintiff at the time the debt was contracted. If the debt is due, an attachment will issue upon filing a petition as in ordinary actions, duly verified, and also stating one of the following causes : 1st. That the 'defendant is a foreign corporation, or acting as such ; or, 2d. That he is a non-resident of the State ; or, 3d. That he is about to remove his property out of the State without leaving sufB.cient re- maining for the payment of his debts ; or, 4th. That he has disposed of his property (in whole or in part) with intent to defraud his creditors ; or, 5th. That he is about to dispose of his property with intent to defraud his creditors ; or, 6th. That he has absconded, so that the ordinary process cannot be served upon him ; or, 7th. That he is about to remove permanently out of the county, and has property therein not exempt from execution, with which he refuses to pay or secure the debt due the plaintiff; or, 8th. Ihat he is about to remove perma- nently out of the State, and refuses to pay or secure the debt due the plaintiff. A bond is required for double the amount sought to be attached. The amount levied upon may be fifty per cent, greater than the sum claimed in the petition. 110 LAWS OF IOWA. Claims against Estates of Persons Deceased must be £led and proven within eighteen months of the time that notice is published of the appointment of an administrator or executor, or they will be forever barred, unless peculiar circumstances entitle the claimant to equitable relief. The ex- pense of administration, a temporary allowance for the widow and minor chil- dren, and expenses of last sickness and funeral, are the first charges upon the decedent's estate. Other claims -will be paid in the following order : 1st. Debts entitled to preference under the laws of the United States ; 3d. Public rates and taxes ; 3d. Claims ^lei within six months after the notice given by the executors of their appointment ; 4th. All other debts ; 5th. Legacies. Deeds, IHortg^ages, Acknowledgment, Recording.^The use of private seals (except corporate seals) is abolished. Where a deed is acknow- ledged by the party no witnesses are necessary. The certificate should be in- dorsed on the deed. A married woman need not be separately examined Proof by subscribing witness may be made where grantor is dead, or his attendance cannot be procured, or he refuses to acknowledge. No instrument affecting real estate is of any validity against subsequent purchasers for a valuable consideration without notice, unless recorded in the of&oe of the recorder of deeds of the county in which the land lies. To be recorded it must be acknowledged or proved. It may be acknowledged, within the State, before a judge or clerk of the supreme, district or circuit court, a justice of the peace or a notary public ; without the State, but within the United States, before a court of record, an ofEoer having custody of the seal thereof, a commissioner for Iowa, a notary public or justice of the peace. If taken before a justice of the peace, his of&cial character and the genuineness of his signature should be certified under the seal of the proper authority. In foreign countries acknowledgments may be taken before any ambassador, minister, secretary of legation, consul, charge d'affaires, consular agent, or any other officer of the United States, in a foreign country, who is authorized to issue certificates under the seal of the United States ; also before any officer of a foreign country who is authorized by the laws thereof to certify to the acknowledgment of written documents ; but the certificate of acknowledgment by a foreign officer must be authenticated by one of the above named officers of the United States, whose official written statement that full faith and credit is due to the certificate of such foreign officer, shall be deemed sufficient evidence of the qualification of said officer to take acknowledgments and to certify thereto, and of the genuineness of his signature, or seal, if he have any. Aliens may acquire real estate by purchase, but must convey the same within ten years thereafter. Depositions. — If the witness reside without the State, his deposition may be taken upon a commission directed to the clerk or any judge of a court of re- cord, or any commissioner for Iowa, or notary public, or consul of the United States, either by the name of office of such officer, or by his individual name and official style ; if without the United States and Canada, the name of the state and town, or city, in which such commissioner, consul, or notary resides, shall be stated in the notice and commission. The parties may agree upon, or the court may appoint as a commissioner, any individual for that purpose. If the commission is directed to such officer by his name of office, the deposition, can LAWS OF IOWA. Ill only be taken at the place named. Notice shaU he given of the taking of such, deposition, or suing out of such commission ; if said notice is served upon the • attorney of the opposite party, ten days' notice is required; if served upon the party himself, five days. When the deposition is to he taken upon notice alone, one day in addition must be allowed for every thirty miles travel from the place where the notice is served to that where the deposition is to he taken. Executions and Stay of. — Executions may issue at any time before judgment is barred by the statute of limitations. The defendant may at any time, within one year after the sale, redeem real property sold under execution and will in the meantime be entitled to possession of the property. But he cannot redeem when he has taken an appeal or stayed the execution. Stay of execution may be had by filing a bond with one or more sufScient freehold sure- ties. If the sum for which judgment was rendered, inclusive of costs, does not exceed five dollars, the execution will be stayed one month. If such sum and costs exceed five dollars, but not twenty dollars, two months ; between twenty dollars and forty dollars, three months ; forty dollars to sixty dollars, four months ; sixty dollars to one hundred dollars, six months ; one hundred dollars to one hundred and fifty dollars, nine months; exceeding one hundred and fifty dollars, twelvemonths. Exemptions, and Homestead Eaws.- -The following property of private individuals is exempt from execution : All wearing apparel kept for actual use, and suitable to the condition of the party, and trunks and other receptacles to contain the same ; one musket or rifle; the proper tools, in- struments, or books, of any farmer, mechanic, surveyor, clergyman, law- yer, physician, teacher or professor ; the horse, or team, consisting of not more than two horses or mules, or two yoke of cattle, and the wagon, or other vehi- cle, vri.th the proper harness or tackle, by the use of which any physician, pub- lic of&cer, farmer, teamster, or other laborer, habitually earns his living ; all pri- vate libraries, family bibles, portraits, pictures and paintings, not kept for the purposes of sale ; a seat or^ pew, occupied by the debtor or his family, in any house of public worship ; and an interest in a public or private burying-ground, not exceeding one acre for any defendant. If the debtor is the head of a fam- ily, there is further exempt, his homestead, as provided by law; one cow and calf, one horse, unless a horse has been exempted for him as above, fifty sheep, and the wool thereon ; five hogs ; all pigs under six months old ; the necessary food for all animals exempt from execution for sixty days ; all flax raised by the defendant on not exceeding one acre of ground, and the manufactures there- from ; one bedstead and the necessary bedding for every two in the family j all cloth manufactured by the defendant, not exceeding one hundred yards in quantity ; household and kitchen furniture, not exceeding one hundred dollars in value ; all spinning-wheels and looms, and other instruments of domestic labor, kept for actual use ; one sewing machine, and the necessary provisions and fuel for the use of the family for six months. No exemptions shall extend to property against an execution issued for the purchase money thereof. Homesteads. The head of a family may hold a homestead free fromexecution without limit as to value. Such homestead, if within a town plot, shall not exceed one-half acre in extent, and if outside of a town plot it shall 112 LAWS OF IOWA. not exceed forty acres. The homestead may he held liable for debts if so stipu- lated in a written contract signed hy the husband and wife, and it is also liable for debts contracted prior to its purchase. The homestead may be changed from time to time, but the new homestead shall only be exempt to the same ex- tent in Talue as the old homestead. On the death of the husband or wife the survivor succeeds to aU the homestead rights. Interest. -SiK per cent, is the lawful rate of interest when no other rate is agreed upon. Parties may, in writing, agree upon a higher rate of interest, not to exceed ten per cent. Book accounts bear interest at six per cent, on the balance due after the expiration of six months from the date of the last item. In case of usury the plaintiff may only recover the principal, without costs, and a judgment shall be rendered for the use of the school fund for ten per cent, interest. Judgements a,nd liien of.— Judgments in the supreme, district or circuit courts of this State, and in the district and circuit courts of the United States, if rendered within this State, are liens upon the real estate owned by the defendant at the time of such rendition, and also upon any that he may subseq^uently acquire before the expiration of the lien. Where the lands lie in the county wherein the judgment was rendered the lien shall attach from the date of such rendition. If the lands lie in any other county, the lien does not attach until an attested copy of the j adgment is filed in the office of the clerk of the district court of the county in which the land lies. The liens thus au- thorized continue in force for the term of ten years only from the date of the judgment. liien of Meclianics, &c. — Meohanios and others are entitled to a lien for all labor done and material furnished in the construction of improvements upon land. This lien continues in force without notice for ninety days. In order to perpetuate such Hen, notice thereof must be filed in the office of the clerk of the district court. The notice must be verified, and must give a cor- rect bill of items and credits, and correctly describe the property. If filed more than ninety days after the lien accrues, the lien will not be defeated aa against the owner, nor as agaiuat any one except purchasers or incumbrancers without notice, whose rights have accrued after the ninety days, and before the Hen is filed. Sub-contractors may also have a lien by filing a similar notice, and by serving a copy thereof on the owner of the land, or his agent or trus- tee, but such lien will only be enforced to the extent of the balance due the contractor at the time of the service of such notice. liimitation of Actions. — Actions must be brought within the times here limited, after the cause of action accrues : (1) Within twenty years, on any judgment of a court of record. (2) Ten years, on written contracts, judgments, other than above, and for recovery of real property. (3) Five years, on unwrit- ten contracts, for injuries to property, for relief on the ground of fraud, and all other actions not otherwise provided for. (4) Three years, against a sheriff or other public officer on a liability incurred by an official act, or omission of offi- cial duty. (5) Two years, action of slander, libel, malicious proaeoution, injuries LAWS OF IOWA. 113 to person ; or for a statute penalty. When a cause of action is barred by the laws of the country wbere the defendant has previously resided, and the cause of action did not arise ■yithin this State, such bar shall operate here. The time during which a defendant is a non-resident of the State is not included in com- puting the term of limitation. A written admission that the debt is unpaid, or written promise to pay, revives the debt. Married 'Women may convey their interest in real estate in the same manner as other persons. They may sue or be sued without joining their hus- bands. Neither husband nor wife is liable for the debts of the other incurred before marriage, nor are the wages, earnings or property of either, nor is the rent or income of such property liable for the separate debts of the other. They are both held liable for necessaries purchased for the use of the family Dower. One-third in value of all real estate in which the husband, at any time during the marriage, had a legal or equitable interest, which has not been sold on execution or other judicial sale, and to which the wife has made no relin- quishment of her right, shall, under the direction of the court, be set apart by the executor, administrator, or heir, as her property in fee simple, on the death of the husband, if she survive him. The husband has the same dower rights in the lands of the wife. The estate by courtesy is abolished. BTotes, Bills and Protest.— Grace is allowed on bills and notes exe- cuted or payable within this State, according to the principles of the law mer- chant, and notice of non-acceptance or non-payment, or both, of said instruments is required according to the rules and principles of the commercial law. When a note or bill falls due on Sunday, January 1st, July 4th, December 35th, or thanksgiving day, it is considered as falling due on the succeeding day. Xaxes, as between the vendor and purchaser, become a lien upon real es- tate on the Ist day of November of each year. Taxes become due the first Mon- day in November, and delinquent the first day of February following. After taxes become delinquent the following penalty is coUeoted. If paid before March 1st, no penalty is required. For the first three months, one per cent, a, month, computing from the 1st of February, computing full months only ; for the second three months, two per cent, a month ; for the third three months, three per cent, a month ; and after nine months, four per cent, a month. All lands on which the taxes are not paid shall be sold on the first Monday in Oc- tober after the taxes have become delinquent. Notice of sale is given by pub- lication. After sale the purchaser may pay subsequent taxes as soon as they have become delinquent. The owner may redeem the land at any time within three years from date of sale, by paying the tax, interest, costs, and an additi- onal penalty of thirty per cent, thereon, with ten per cent, per annum interest from date of payment on the whole amount. Minors and insane persons may redeem within one year after removal of such disability. The tax titles in this State have been sustained very generally by the courts. Wills. - Any person of full age and sound mind may dispose, by will, of all his property, except what is sufficient to pay his debts, or what is allowed as a homestead, er otherwise given by law as privileged property to his wife and fam- 114 LAWS OF KANSAS. ily. Property to he aubsequently acquired may also be thus disposed of. Per- sonal property to the value of three hundred dollars may be bequeathed by a verbal will, if witnessed by two competent witnesses. A soldier in actual ser- vice, or mariner at sea, may dispose of all his personal property by verbal will. All other wills to be valid must be in writing, witnessed by two competent wit- nesses, and signed by the testator or by some person in his presence, and by his express direction. Witnesses. — No witness is disqualified from testifying on account of his interest, unless the adverse party is an executor or administrator of a deceased person, and the facts to be proved transpired before the death of such deceased person. The husband or wife shall in no case be a witness for or against the other, except in a criminal proceeding for a crime committed by one against the other, or in a civil action or proceeding by one against the other; but they may in all criininal prosecutions be witnesses for each other. This is a privilege that may be waived by the parties. Certificates of Ackiio^vlcdg^ineiit, &c,, of Deeds. 1. By Gbantok known to the Officeb. State of County of On this day of 18 , before me the undersigned, a in and for said personally Appeared * the above named f to me personally known to be the identical person whose name is affixed to the foregoing deed of conveyance, (or instrument) as a grantor (or obligor), and acknowledged the execution of the same to be his vo- luntary act and deed. In testimony whereof I have hereunto set my hand (and official seal) on the day and year first above written. [Signature and title.] 2. By Pebson not known to the Officee. [As above to the f], proven to me satisfactorily to be the same identical per- son described in, and who executed the within deed of conveyance, by the oath of M. N., who, being by me duly sworn, did depose and say that he resided in in the county of ; that he was acquainted with the said A. B., that he knew him to be the same person described in and who exe- cuted the within deed ; and, thereupon, he acknowledged, before me, that he executed the same as his voluntary act and deed, for the. purposes therein men- tioned. 3. Peoof by "Witness. [As in 1 to the *] M. N., who, being by me first duly sworn, stated that he knew A. B., the grantor in the foregoing deed , and that the said A. B. was dead, (or a$ the ease may he), which is satisfactory evidence to me that his at- tendance could not be procured to make the acknowledgment, {or dftcr llie LAWS OF KANSAS. 115 and the said A. B. having also appeared, he refused to acknowledge the ex- ecution of said deed) ; and the said M. N., [or one 0. P., who also personally ap- peared before me and was by me duly sworn), further deposed and said, that he was the subscribing witness to said deed, and that he saw A. B., the grantor therein subscribe and seal said deed, [or, that the said A. B., grantor therein, ac- knowledged to him that he had subscribed, sealed and executed said deed), for the uses and purposes therein mentioned ; and that he, said deponent, and the other subscribing witness, then subscribed the same as attesting witnesses, at the request of said grantor. Instructions and Forms for takings Depositions. Where a deposition is taken upon interrogatories, neither party, nor his agent or attorney, shall be present at the examination of witnesses, unless both par- ties are present, or represented by an agent or attorney, and the certificate shall state such fact if party or agent is present. The officer taking the deposition will observe the following forms and mode of proceeding, commencing thus : Depositions of witnesses produced, sworn and examined at , in the county of and State of before me [riame of ofBeer and style of office], in a certain case now pending in the district court of county, State of Iowa, between plaintiflf and defend- ant, on the part of the N. 0., of lawful age, being produced, sworn and examined on the part of the deposeth and saith [here insert each interrogatory as it occvirs, and the answer thereto, immediately folloTtiag.] Note. — Every deposition must be reduced to writing by some person who is neither of the parties, attorney of either, nor in any wise interested in the event of the suit, in presence of the of&cer before whom it is talien, and signed by the witness. If any paper or exhibit is produced and proved, or referred to by a witness, it ought to be described in his deposition, and referred to by the deponent in such a manner that it may be identified when the deposition is read, and all such papers and exhibits must be attached to and returned with the deposition. The officer will annex at the foot of the deposition of each witness the fol- lowing certificate : " I [insert the name of officer and style of office] do hereby certify that N. 0. the deponent, whose place of residence is [here insert it], was by me sworn [or affirmed] to testify the truth, the whole truth, and nothiug but the truth of his for her] knowledge touching the matter in controversy in the cause aforesaid, that deponent was examined and his [or her] examination reduced to writing by [here name the person], who is neither of the parties, nor attorney of either or in any wise interested in the suit, and after Seing carefully by me read over to the said deponent, the same was Sworn to and subscribed by the said depo- nent in my presence, on the [here insert the date] between the hours of A. M., and P. M., of said day, at [here name the place, county and State]. Q-iveu and certified [here give the date] under my hand and seal offi- cial, this day of A. D. 18 [if the officer has a seal it must be affixed]. [Signatura, &c.] Then proceed with the other depositions, if any, in the same form, annexing a certificate to each. When all the witnesses who appear have been sworn and 116 LAWS OF KANSAS. examined, and their depositions reduced to writing, subsoribed and certified as above, the officer -will attach to the deposition all papers and exhibits, proved or referred to in the examination, the coramiBsion and notice with the following' certificate, endorsed therecn or attached thereto : The State of ) Coimty of 5 I (name of officer and style of office), within and for (name the place'', or- duly commissioned for that purpose, do certify that in pursuance of the within or annexed) commission and notice, came before me, at (name the place where the testimony was taken), N. O , P. Q., &o. (insert the names of all witnesses), who were there by me sworn and examined, and such examination reduced to writing by (the name of the person), who is neither of the parties, their at- torney, nor in any wise interested in the event of the suit, and after being by me read over to each of the deponents, the same was sworn, to and subscribed to by said witnesses respectively in my presence, and their depositions are now herewith returned. (State if either or both parties were present at the exam- ination personally or by agent or attorney.) Given under my hand and seal official hereto affixed at (name place, county and State) this (give date): [Sgnature, &c.] The officer taking the deposition is required to enclose in a strong envelope, securely sealed, the depositions, papers and exhibits, commission, notice and certificates, aitd. direct the same to the clerk of the district court of county, Iowa, noting on some convenient part of the envelope the style of the cause and contents — thus : i Depositions on the part of The depositions must be begun on the day mentioned in the notice. If they cannot be completed on that day, the taking of them may he adjourned to the succeeding day, at the same place and between the same hours. The person taking- them should in such case make the following entry, closing the business for the day, viz : Not being able to complete the taking of said depositions, by reason that (here insert the reason), I adjourn the further taking of the same until to-morrow, then to be continued at the same place, and between the same hours mentioned in the annexednotice. [Signature.] On the succeeding day lei the person taking the deposition commence as follows : Pursuant to the adjourn- ment as above stated, on day of in the year eighteen hundred and between the houi-s of in the forenoon, and in the afternoon, at the I continued the taking of said deposition?, as follows : N, 0., in continuance of his deposition, commenced yesterday, on his oath, further says, etc. The foregoing directions must bo strictly observed, or the deposition will be unavailing. If the officer taking the deposition has a seal of office, it must be affixed to every certificate. The officer taking the deposition must write out each interrogatory in full, and insert the answer just below the proper question. The depositions must be returned bj- mail, unless some other mode is agreed upon between the parties. COURTS OF lO'WA. StrPEEME COURT. The supreme court has a general supervisory control over the district and ^circuit courts for the correction of errors of law. In chancery oases, triable xipon depositions, a trial upon both the law and facts may be had on appeal to the supreme court. Chief Justice : J. M. Beck, of Eort Madison. Judges : Wm. E. Miller, of Iowa iCity ; Chester C. Cole, of Des Moines ; James Q-. Day, of Sidney. Regular terms at Des Moines the first Mondays in June and December. Argu- ment terms at Davenport the first Mondays in April and October ; at Dubuque the third Mondays in April and October. DISTRICT AND CIRCUIT COURTS. The State is divided into twelve judicial districts. The district judges are elected by the people every four years. By statute approved April 1 , 1873, the State is also to be divided into twelve circuits, after January 1, 1873, the boun- daries of the circuits to be the same as of the districts, with one judge for eaoh circuit, to be elected in the same manner and for the same term of office as the district judges. The district court has general original juiisdiction in civil and criminal cases ; also in equity as well as at law ; and exclusive jurisdiction in •criminal cases appealed from inferior tribunals. The circuit courts have juris- diction in all probate matters, estates of decedents and guardianship of minors and lunatics. They also have control of the granting of permits to sell intoxi- cating liquors. They have exclusive jurisdiction of appeals and writs of error from inferior tribunals in all civil causes. From and after January 1, 1873, under the statute above referred to, the circuit courts wiU have concurrent jur- isdiction with the district courts, in all civil actions and special proceedings, but no criminal jurisdiction. Their jurisdiction in probate business is not af- fected by that act. The terms of the district and circuit courts are to be designated, for the years 1873 and 1874, by the district and circuit judges, on or before the fixst Monday ■of December, 1873. District Judges': 1st district, Joshua Traoey ; 2d, Morris J. "WilUama ; 3d, James W. McDill ; 4th, Henry Eord ; 5th, Hugh W. Maxwell ; 6th, Ezekiel S. Sampson ; 7th, J- Scott Richman ; 8th, James H. Rothrock ; 9th, J. M. Bray- ton ; 10th, Milo McGlathery ; 11th, D. D. Chase ; 13th, George "W. Ruddiok. Circuit Judges : 1st district, J. B. Drayer, John C. Power ; 3d, Robert Sloan, H. L. Dashiell : 3d, R. L Douglass, Samuel Forrey ; 4th, A. Oliver, J. M. Sny- der ; 5th, John Mitchell, Frederick Mott ; 6th, L. C. Blanchard, S. N. Lindley ; 7th, H. H. Benson, George B. Young ; 8th, G. R. Struble, Sylvanus Yates; 9th, W. T. Barker, Sylvester Bagg ; 10th, M. V. Burdick, B. T. Hunt ; 11th, Henry Hudson, S. L. Rose ; 13th, R. G. Reiniger, H. A. Brockway. LAWS OF KANSAS, RELATING TO CIVIL ACTIONS, DEEDS, WILLS, &c., PEEPARED FOB THIS WORK BY THE EDITOR. Kevised Statutes, Code, Practice. - The last revision of the sta- tutes was in 1868. The practice is under a code of civil procedure, approved February 35, 1868, and resembling, in its main features, the code of New- York. Actions.— The distinction between actions at law and suits in equity, and the forms of such actions and suits are abolished. The provisions as to parties to actions, the county in which actions are to be brought, pleadings, provisional remedies and trial are similar to those in the New York code. An action is commenced in a court of record by filing in the office of the clerk of the proper court a petition, and causing a summons to be issued thereon, under the seal of the court, and signed by the clerk. It must be directed to the sheriff of the county and be served by him or by some person appointed by him, and not a party to the action. The service is made by delivering a copy to the defendant personally, or by leaving one at his usual place of residence, at any time before the return day. Service may be made by publication, substantially as in New York. The summons, when issued to the county in which the action is com- menced, must be served and returned within ten days from its date ; when is- sued to another county in not less than ten nor more than sixty days from its date, at the option of the plaintiff. Arrests. — An order for the arrest of the defendant may be made by the clerk of the court in which the action is brought, when there is filed in his office an af&davit of the plaintiff, his authorized agent or attorney, stating the nature of the plaintiff's claim, that it is just, and the amount thereof, as nearly as may be, and showing one or more of the following particulars : 1st, That the defendant has removed, or begun to remove, any of his property out of the jur- isdiction of the court, with intent to defraud his creditors. 3d, That he has begun to convert his property, or a part thereof, into money, for the purpose of placing it beyond the reach of his creditors. 3d, That he has property, or rights of action, which he fraudulently conceals. 4th, That he has assigned, removedor disposed of, or has begun to dispose of, his property, or a part thereof, with intent to defraud his creditors. 5th, That he fraudulently contracted the ■ debt, or incurred the obligation, for which suit is about to be or has been brought. The affidavit must also contain a statement of the facts claimed to justify the be- lief in the existence of one or more of the above particulars. A bond must be LAWS OF KANSAS. 119 executed, before the order of arrest issues, to pay to the defendant all damages lie may sustain by the arrest, if the order be wrongfully obtained. Attachments. — The plaiutiff, in a civU action for the recovery of money, may, at or after the commencement thereof, have an attachment against the property of the defendant, Ist. When the defendant is a foreign corjporation, or a non-resident of the State (but only for a, debt or demand arising upon con- tract, judgment or decree, unless the cause of action arose wholly within the limits of this State, which fact must be established on the trial) ; or, 3d. Has absconded with the intent to defraud his creditors ; or, 3d. Has left the coun- ty of his residence to avoid the service of a summons ; or, 4th. So- conceals himseK that a summons cannot be served upon him ; or, 5th. Is about to re- move his property, or a part thereof, out of the jurisdiction of the court with the intent to defraud his creditors ; or, 6th. Is about to convert his property, or a part thereof, into money, for the purpose of placing it beyond the reach of his creditors ; or, 7th. Has property or rights in action, which he conceals ; or, 8th. Has assigned, removed or disposed of, or is about to dispose of, his prop- erty, or part thereof, with the intent to defraud his creditors ; or, 9th. Fraud- ulently contracted the debt, or incurred the obligation, for which suit is about to be or has been brought ; or, 10th. When the action is for damages from the commission of a felony or misdemeanor ; or, 11th. Where the debtor has failed to pay for an article or thing delivered, for vvhich, by the contract, he was to pay upon delivery. An affidavit, on the part of the plaintiff, must be made and filed in the office of the clerk, showing, 1st. The nature of the plaintiff's claim ; 2d. That it is just ; 3d. The amount which the affiant believes the plaintiff ought to recover ; and 4th. The existence of some one of the above enumerated grounds for an attachment. Bond must be given, unless the defendant is a non-resident or a foreign corporation, with one or more sureties, approved by the clerk, not exceeding double the amount of the plaintiff's claim, to pay to the defendant all damages which he may sustain by reason of the attachment if the order be wrongfully obtained. Real and personal property, credits and money may be attached under the order. Claims against Estates of deceased persons are divided into the following classes : 1st, Euneral expenses. 3d, Expenses of the last sickness, wages of servants, and expenses of administration. 3d, Debts due the State. 4th, Judgments rendered against the deceased in his Ufe time ; but if they are liens upon the real estate, and the estate is insolvent, they shall be paid without reference to classification, except that the first and second classes above mentioned shall have precedence. 5th, AH demands, without regard to quality, which shall be legally exhibited within one year after the granting of letters. 6th, All demands thus exhibited after one year and within two years. 7th, All demands thus exhibited after two years and within three years. All demands not thus exhibited within such three years are barred, saving to in- fants, persons of unsound mind, imprisoned, or absent from the United States, three years after the removal of their disabilities. No demand will be allowed against the estate unless the claimant make oath that he has, to the best of his knowledge and belief, given credit for all payments and offeets to which the estate is entitled, and that the balance claimed is justly due. 120 LAWS OF KANSAS. Deeds, Mortg^ag'es, AckuoTvledgment, Recording:. -The use of private seals is abolished, except the seals of corporations. Deeds of land, or of any interest therein, must be subscribed by the grantor, or his law- ful agent, or attorney. Acknowledgments of execution out of the State, must be made before a court of record, or clerk or of&cer holding the seal thereof, or a Kansas commissioner, notary public or justice of the peace, or a consul of the United States resident in a foreign country. If before a justice of the peace, there must also be a certificate of hia official character, under the hand of the clerk of a court of record, and the seal of the court. The certificate of acknowl- edgment must be endorsed upon the deei ; must show the title of the court or officer before whom taken ; that the person making the acknowledgment was personally known to the officer to be the same person who executed the instru- ment, and that he duly acknowledged the execution thereof. If the grantor die before acknowledging, or if, for any reason his attendance cannot be procured, or if, having appeared, he refuses to acknowledge it, proof of the execution and delivery of the deed may be made by any competent testimony, before any court or officer authorized to take acknowledgments, as above stated. The certificate of such proof must be endorsed upon the deed, and must state the title of the court or officer ; that it was satisfactorily proved that the grantor was dead, or that for some othet cause his attendance could not be procured to make the acknowledgment, or that, having appeared, he refused to acknowl- edge the deed ; the names of the witnesses by whom the proof was made, and that it was proved by them that the instrument was executed by the person, whose name is thereunto suboribed, as grantor. The certificate of proof or ac- knowledgment may be under seal or otherwise, according to the mode by which the courts or officers usually authenticate their official acts. Proof by evidence of the handwriting of the grantor, and of a subscribing witness, can only be taken upon satisfactory evidence that all the subscribing witnesses are dead, or cannot be'had to prove the execution. Married women need not be examined separately. Acknowledgments and proof made in other States or countries, in conformity with their laws, are valid in this State. Deeds proved, or acknowledged and certified as here stated, may be recorded in the office of the register of deeds, of the county where the real-estate is situated ; and from the time of filing for record, shall impart notice to all persons of the contents thereof. They are not valid, except as between the parties and those having actual notice, until so deposited. Mortgages of personal property, not accompanied by an immediate delivery and followed by an actual and continufed change of possession, are void, as against creditors of the mortgagor and subse- quent purchasers aud mortgagees in good faith, unless the mortgage, or a copy, be forthwith deposited in the office of the register of deeds, in the county where the property is, or of the county where the mortgagor resides. They are void after one year from filing, unless an affidavit is made, attached to, and filed with the mortgage, within thirty days next preceding the expiration of the year, showing the interest of the mortgagee. Aliens. The constitution of the State declares that no distinction shall ever be made between oitizens and aliens, in reference to the purchase, enjoyment or descent of property. I>cg>o«>iitions out of the State may be taken by a judge, justice, or oham- LAWS OF KANSAS. 121 ■cellor of any coui't of record, a justice of the peace, notary public, mayor or chief magistrate of any city or town corporate, a Kansas commisBioner, or any person authorized by a special commissioner from the State. The officer must not be a relative or attorney of either party, or interested in the event of the action. Any court of record of the State, or any judge thereof, may grant a commission to take depositions. The commission must be issued by the clerk, to the commissioner named, under the seal of the court, and the depositionB be taken upon written interrogatories, unless the parties otherwise agree. Unless taken under a, special commission, a written notice, containing the time and place of taking, must be served on the adverse party or his attorney. The ex- amination may be adjourned from day to day, if so stated in the notice. Executions, and Stay of.— Executions are of four kinds: 1st. Against the property of the judgment debtor ; 3d. Against his person ; 3d. For the delivery of the possession of real or personal property, with damages, for withholding the same, and costs ; 4th. Executions in special cases. A judgment becomes dor- mant, and ceases to operate as a lien on the estate of the debtor, if execution is not sued out within five years after judgment, or within five years after the last preceding execution. AU real-estate of the debtor not bound by the lien of the judgment, as well as his goods and chattels, shall be bound from the time they are seized in execution. Proceedings in. error will stay an execution upon a judgment of a probate or district court when a suf&oient undertaking is given. In thecase of a judgment by a justice of the peace, the person against whom the same is rendered may, by entering into an undertaking to the adverse party within ten days after the judgment, with sufficient surety, approved by the jus- tice, have a stay of execution as follows : On a judgment for $30 and under, 30 days ; over $20 and not exceeding $50, 60 days ; over $50 and not exceeding $100, 90 days ; exceeding $100, 130 days. But no stay is allowed on judg- ments against justices of the psaoe for refusing to pay over money collected by them, or received in their official capacity, or for not reporting fines, as req^uij'ed hy law ; or on a judgment against a constable for failing to make a return, making a false return, or refusing to pay over money collected in his official capacity ; or on judgments against bail for the stay of execution ; or where judgment is rendered in favor of bill who have been compelled by judgment to pay money on account of their principal ; or on judgments obtained by consta- bles on undertakings executed to them for the delivery of property. Exemptions and Homestead Liaws.— A homestead to the extent of 160 acres of farming land, or of one acre within the limits of an incorporated town or city, occupied as a residence by the faifiily of the owner, together with all the improvements on the same, are exempted from forced sale under any process of law, and cannot be alienated without the joint consent of husband and wife, when that relation exists; but no property is exempt from sale for taxes, or the payment of obligations contracted for the purchase of said premises, or for the erection of improvements thereon. These provisions do not apply to any process of la.w obtained by virtue of a lien given by the consent of both husband and wife. Every person residing in ths state, and being the head of a family, is entitled to hold the following personal property exempt from any process of law : The family bible, school books and family library ; family pictures and 122 LAWS OF KANSAS. muBieal instruments used by the family ; a seat or pe-w in a place of worship and a lot in a burial ground ; all the wearing apparel of the debtor and his family ; all beds, bedsteads and bedding used by the debtor and his family ; one cooking stove and appendages, and all other cooking utensils, and all other stoves and appendages necessary for the use of the debtor and his family ; one sew- ing machine, all spinning wheels and looms, and all other implements of indus- try, and all other household furniture not here enumerated, not exceeding in value $500; two cows, ten hogs, one yoke of oxen, and one horse or mule, or, in lieu of one yoke of oxen and one horse or mule, a span of horses or mules ; twenty sheep, and the wool from the same, either manufactured or not ; the necessary food for the support of the stock above named for one year, either pro- vided or growing, or both, as the debtor may choose ; one wagon, cart or dray, two plows, one drag and other farming utensils, including harness and tackle for teams, not exceeding in value $300 ; the grain, meat, vegetables, groceries and other provisions on hand, necessary for the support of the debtor and his family for one year, and also all the fuel on hand necessary for their use for one year ; the necessary tools and implements of any mechanic, miner or other person, used and kept for the purpose of carrying on his trade or business, and, in addition thereto, stock in trade not exceeding |400 in value ; the library implements and office furniture of any professional man. When owned by a person residing in the state, not the head of a family, the following property is exempt ; his wear- ing apparel ; a seat or pew in a place of -worship and a lot in a burial ground ; the necessary tools and instruments of a mechanic, miner or other person, used and kept for the purpose of carrying on his trade ot business, and, in addition there- to, stock in trade as above mentioned ; the library, implements and office furni- ture of any professional man. But no personal property is exempt from attach-^ ments or execution for the wages of any clerk, mechanic, laborer or servant. Interest. — The legal rate is seven per cent.; but the parties to any instru- ment of writing for the payment or forbearance of money, may stipulate therein for interest at any rate not exceeding twelve per ceni. A person contracting for illegal interest forfeits all interest. Payment of usurious interest is deemed pay- ment on account of the principal. Judgments bear interest at the rate of seven per cent., but a judgment recovered on a contract which provided for any other rate not exceeding twelve per cent., shall hear the same rate as in the contract. Judgment, stntl Lien of. — Judgments of courts of record are liens on the real-estate of the debtor within the county in which the judgment is ren- dered, from the first day of thetenn at which the judgment is rendered; but judgments by confession, and such as are rendered at the same term during which the action was commenced, bind lands only from the day on which they are rendered. On fibng a transcript in the office of the clerk of the district court of any county, the judgment becomes a lien in such county from the time of such filing. A transcript of a justice's judgment may be filed in the same manner and with like efi'ect. L.ien of Mechanics, &c.— Any person who, under contract with the owner of any piece of land, furnishes materials or performs labor for erecting, repairing or altering any building, or the appurtenances ; or plants a hedge LAWS OF KANSAS. 123 fence or builds a stone ■wall on suoli land, has a Hen therefor, from the time of making the contract, upon the whole piece of land, the buildings and appurte- nances. A statement of the amount claimed, and a description of the property, verified by affidavit, must be filed in the office of the clerk of the district court of the county in which the land is situate, within two mouths after the mate- rials are furnished or the building completed ; and an action to enforce the Hen must be commenced within one year from the completion of the work or furnish- ing the materials ; or, if a credit is given, from the expiration of such credit. The Uens of forwarding merchants, hotel keepers, carriers, and other bailees, and of artisans, are also protected by statute. liimitation of Actions. — Actions for the recovery of real property must be brought within the following periods after the cause of action accrues : (1) An action for the recovery of real property sold on execution, brought by the execution debtor, his heirs, or any person claiming under him, by title ac- quired after the date of the judgment, within five years after recording the deed made in pursuance of the sale. (3) For the recovery of real property sold by executors, &c., upon an order of court directing such sale, brought by the heirs or devisees of the deceased, or the ward, or any person claiming under^ them by title acquired after the date of such order, within five years after the date of recording the deed made in pursuance of the sale. (3) For the recovery of real property sold for taxes, within two years after recording the tax deed. (4) For recovery of real property in any other case, within fifteen years. (5) For forcible entry or detention, within two years. A person entitled to bring an action for the recovery of real property, who is under a legal disability when the cause of action accrues, may bring the action within two years after the disability is removed. An action upon any agreement in writing must be : brought within five years after the cause of action accrues ; upon any contract not in writing, and upon a liability created by statute, other than a, forfeiture or penalty, within three years. For trespass to real property ; for taking, de- taining or injuring personal property; for the specific recovery of personal property; for injury to the rights of another, not arising on contract, and not hereinafter enumerated ; for relief on the ground of fraud ; within two years : for libel, slander, assault, battery, malicious prosecution, or false imprisonment ; and upon a statute for a penalty or forfeiture, except when the statute imposing it prescribes a different limitation, within one year. Upon an official or statu- tory bond within five years. If a person entitled to bring an action other than for the recovery of real property, or for a penalty or forfeiture, is under any legal disability when the cause of action accrues, such person may bring the action within one year after the removal of the disability. If, when a cause of action accrues against a person he is out of the state, or has absconded or con- cealed himself, the period limited for the commencement of the action does not begin to run until he comes into the state, or while he is so absconded or con- cealed ; and if, after the cause of action accrues he departs from the state, or absconds or conceals himself, the time of his absence or concealment shall not be computed as any part of the period within which the action must be brought. When the cause of action arose in another state, between non-residents of this state, and is barred there, it is also barred here. A part payment, or an.ao- 124 LAWS or KANSAS. I knowleigment c?r promiss to pay, if in -wrltiixg and signei by the party, revives the cause of action. Married Women. —The property, real and personal, which any woman in the State may own at the time of her marriage, and the rents, profits or proceeds thereof, and any property which may come to her by descent, devise, or bequest, or the gift of any person except her husband, remains her sole and separate property, not subject to the. disposal of her husband, or liable for his debts. A maxried woman may bargain, sell, and convey her real and personal property, and enter into any contract with reference to the same, in the same manner, to the same extent, and with like eSect as a married man may, in relation to his property. She may sue and be sued, as if unmarried. She may carry on any trade or business, and perform any labor or services on her sep- arate account, and her earnings shall be her separate property. Upon the death of her husband, if she survives him, she is entitled to one half, and, if he leaves no issue, to the whole of his real-estate. JVotes, Bills, and Protest.— Three days' grace are allowed on all negotiable paper, except bank checks. When the third day of grace falls upon Sunday, the 4th of July, the 35th of December, the 1st day of January, or upon a day appointed by the president of the United States, or governor of the State, for a public fast or thansgiving, the next business day is deemed the last day of grace. Acceptance of a bill must be in writing. A notarial protest is evidence of a demand and refusal to pay, at the time and in the manner stated in the protest, until the contrary is shown. Taxes. — Ten per cent, is added to taxes not paid before the 10th of January in each year. Lauds on which taxes are not paid before January 10th are liable to be sold on the first of May thereafter. The owner, his agent or attorney, may redeem land sold for taxes at any time within three years from the day of sale. Wills. — Any person of full age and sound mind and memory, may make a will of real or personal property. Every will must be in writing, signed at the end thereof by the party or by some other person in his presence and by his ex- press direction, and attested and subscribed in the presence of such party, by two or more competent witnesses, who saw the testator subscribe, or heard him acknowledge the same. Neither husband nor wife can bequeath away from the other more than one-half of the testator's property without the written consent of the other. Authenticated copies of wills, executed and proved according to the laws of any state or territory of the United States, relative to property in this state, may be admitted to record in the Probate Court with the same effect as wUls made in this state. A verbal will, made in the last sickness, is valid in respest to personal estate, if reduced to writing and subscribed by two com- petent, disinterested witnesses within ten days after the speaking of the words, and it be proved by said witnesses that the testator was of sound mind and memory, and not under any restraint, and called upon some person present at the time to bear testimony to said disposition as his will. Such will must be admitted to probate within six months. LAWS OF KANSAS. 125- Witnesses. — lHo person ia diBqualified as a •witness in any civil action by- reason of Ms interest in the event of the same as a party or otherwise, or by reason of Ms conviction of a crime ; but such interest or conviction may be shown for the purpose of affecting his credibility. A party is not allowed to testify in his own behalf in respect to any transaction had by biTn -with a de- ceased person from whom the adverse party immediately acquired title to the cause of action ; nor caji the assignor of a thing in action testify in behalf of such party concerning any transaction had personally by him with a deceased person in such case. The following persons are incompetent to testify: (1) Persons of unsound mind at the tim.e of their production for examination ; (3) Children under ten years of age, who appear incapable of receiving just impressions of the facts respecting which they are examined, or of relating them truly : (3) Husband and wife, for or against each other, except concerning transactions in wMch one acted as agent of the other, or when they are joint parties and have a joint interest in the action ; but neither shaU. be permitted to testify con- cerning any communication made by one to the other during the marriage ; (4) An attorney, concerning any communications made to him by his client, in that relation, or his advice thereon, without the client's consent ; (5) A clergy- man or priest, concerning any confession made to him in his professional char- acter in the course of discipline enjoined by the church to which he belongs, without the consent of the person making the confession. Certificates of Acknowledgment, &c,, of Deeds. The forms given for Iowa are sufficient. Instructions and Forms of taking Depositions. The deposition must be written in the presence of the officer, either by him, by the witness, or some disinterested person, and subscribed by the witness. It must be sealed up, and endorsed with the title of the cause, and the name of the oifioer taking the same, and be by him addressed and transmitted to the clerk of the court, where the action is pending. If the officer have a seal, the execution of the .deposition should be authenticated under such seal. The cer- tificate must state, that the witness was first sworn to testify the truth, the whole truth, and nothing but the truth; that tbe deposition was reduced to writing by some proper person, naming Mm; that it was written and sub- scribed in the presence of the officer ; and that it was taken at the time and place specified in the notice. The forms given for Iowa, will furnish any" further information desired. COURTS OF KANSAS. SUPREME COURT. The Supreme Court has original jurisdiction in proceedings in quo warranto, mandamus and liabeas eo7'pus ; an appellate jurisdiction in all oases of appeal and proceedings in error from the district and other Courts. It consists of a chief justice and two associate justices, whose term of office is six years. Ofdef Justice, Samuel A. Kingman, Atchison. Associate Justices, Datdd I. Brewer, Leavenworth City, David M. Valentine, Ottawa. Reporter, WiUiam C. Webb, Topeka. Attorney General, Archibald L. Williams, Topeka. The terms are held at Topeka on the first Tuesday in January and July. DISTRICT COURTS. The state is divided into fourteen judicial districts, in each of which a district judge is elected, for four years. There is a district court in each organize d county, having general original jurisdiction of all matters, civil and criminal, (not otherwise provided by law), and appellate jurisdiction in cases of appeal and error from inferior courts, and a general supervision and control of all such inferior courts, to prevent and correct errors and abuses. The judges of the district courts have power, in vacation, or at chambers, to hear and de- termine motions to vacate or modify injunctions, discharge attachments, vacate orders of arrest, and to grant or vacate interlocutory orders. Distfi-ict Judges, 1st. District, H. "W. Ide; 2d. P. L. Hubbard; 3d. John T. Morton; 4th. Owen A. Basaett; 5th. John H. "Watson; 6th. M. V. Voss; 7th. John R. Goodin; 8th. William H. Canfield; 9th. William R. Brown; 10th. Hiram Stevens; 11th. H. G. Webb; 13th. Andrew S. Wilson; 13th. W. P. Campbell ; 14th. J. H. Presoott. PROBATE COURTS. The probate courts within their respective counties, have original jurisdic- tion to take the proof of wills, to grant letters testamentary and of administra- tion ; to direct the official acts of executors and administrators ; to appoint guardians ; to bind apprentices, and to hear and determine cases of Jiabeas cm'pvs. The regular terms of these courts are held on the first Mondays of January, April, July, and October, and the judges have power to hold as many special or adjourned terms as the business of the court may require. These courts are considered at all times open for granting letters testamentary and of adminis- tration, and transacting such other business as is not required to be transacted n term time. LAWS OF. KENTUCKY. 127 JUSTICES' COURTS. Two justices of the peace are elected in each, township, and their term of office is two years. They have exclusive original jurisdiction of civil cases, when the amount claimed does not exceed $100, and concurrent jurisdiction with the district court in actions on contract, express or implied, for the recovery of money only, when the amount claimed exceeds f 100, and does not exceed $300. They also have jurisdiction to try the action for forcible entry and detention, or. the detention only of real property ; to issue attachment against the goods and effects of debtors, and in certain other cases ; but they have no jurisdiction in actions for assault, slander, malicious prosecution, or contracts for real-estate, or in which the title to real-estate is sought to be i-eoovered, or may be drawn in question. LAAA^S OF KENTUCKY, BBLATINa TO CIVIL ACTIONS, DEEDS, WILLS, &c., PBBPARBD FOB THIS WOEK BY S. J. BOTD, Esq., of Calhoust, Kt. Revised Statutes, Code, Practice.— A revision of the statutes was adopted by the General Assembly in 1851 and 1852, and in force from July Ist, 1853. An authorized edition of these revised statutes, by Richard H. Stanton, brings the statutes down to 1860 ; and the revision is further and authorita- tively continued by Harvey Myers, through the wiater session of 1865-66 The 'practice is under the " Code of Practice," which went into effect July 1, 1854, and is largely taken from the code of New Tork. Actions are commenced by filing a petition in the ofEce of the clerk of the proper court, and causing a summons to be issued thereon. In ordinary pro- ceedings, the service of the summons, if made in the county in which the action is brought, or in an adjoining county, must be ten days, and if served elsewhere within the State, twenty days before the commencement of the term. In equitable proceedings, the summons is returnable in twenty days. Non- residents must give security for costs, before commencing an action. Arrests. — The defendant may be arrested in a civil action, when it is shown by affidavit'that the plaintiff has a just claim against the defendant, its nature and amount ; that the defendant is about to depart from the State, and 128 LAWS OF KENTUCKY. has, with intent to defraud his creditors, concealed or remoTed from the State his property, or so much of it that the process of the court after judgment cannot he satisfied; or that he has money, securities, or CTidenoeB of debt, in his own possession, or in that of others, and is about to depart from the State, without leaving sufficient property therein to satisfy plaintifE's claim. The plaintiflB must also give bond with surety. Defendant may be discharged on bail, or by taking insolvent debtor's oath. Attachments. — The property of the defendant, or debts due him, may be attached in an action for the recovery of money, when the defendant,' or one of several defendants, is a foreign corporation, or a non-resident ; or has been absent from the State four months ; or has departed from the State, with intent to defraud his creditors ; or has left the county of his residence to avoid the service of summons ; or conceals himself so that a summons cannot be served on him ; or is about to remove or has removed his property, or a material part of it, out of the State, not leaving enough therein to satisfy plaintiflP's claim, or the claims of defendant's creditors ; or has sold, conveyed, or otherwise dis- posed of his property, or suffered or permitted it to be sold, with the fraudu- lent intent to clieat, hinder or delay his creditors ; or is about to sell, convey, or otherwise dispose of his property with such intent. The plaintiff must show by affidavit, that he has a just claim against the defendant, its nature and amount, and the existence of some one of the grounds above stated ; and must give a bond with surety. An attachment will not be granted on the ground that a defendant is a foreign corporation, or a non-resident, except for a debt or demand arising on contract. Claims aii^aiust Estates of Persons Deceased must be veri- fied by the written affidavit of the claimant, or, in his absence from the state, of his agent, or, if dead, of his personal representative, stating that the demand is just, and has never, to his knowledge or belief, been paid, and that there is no just offset or discount against the same, or any usury embraced therein. Deeds, Mortgages, Acknowledgment, Recording, &c.— A seal is not ngoessary unless for a state or corporation. There should be two subscribing witnesses, unless the deed is acknowledged by the grantor. A mar- ried woman should be privately examined, but a certificate of an acknowl- edg-ment taken within the state need not set forth the fact of such examination. Deeds and mortgages of real-estate are not good as against a purchaser for a valuable consideration, or a creditor, until acknowledged, or proved, and recorded in the clerk's office of the county where the property, or the greater part thereof, shall be. Deeds executed out of the state, and within the United States, by persons other ths,n femes covert, may be admitted to record when certified, under his seal of office, by the clerk of a court or his deputy, the mayor of a city, secretary of state, commissioner for Kentucky, or notary public, or by a judge, under the seal of his court, to have been acknowledged or proved before him. Proof of execution may be by two subscribing witnesses, or by one of them, who shall also prove the attestation of the other ; or by proof by two witnesses that the subscribing witnestes are both dead, and like proof of the genuineness of the signature of one of them and of the grantor ; or by like proof that both the sub- LAWS OF KENITJOKT. 129 scribing -witnesses are out of the state, or that one is so absent end the other dead, and like proof of the signature of one of the witnesses and of tho grantor. ■Deeds executed out of the United States, by persons other than f emeu covert, may be aiimitted to record when, certified by any foreign minister, consul, sec- retary of legation of the United States, the secretary of foreign affairs, under his seal of office, or the judge of a superior court of the nation where the deed shall be executed, to have been acknowledged or proved before him in the manner provided by law. When a deed is proved by persons other than the subscribing witnesses the officer shall state in his certificate the names and residences of i such persons. Married women may convey any property which they own, and the conveyance may be by the joint deed of husband and wife, or by separate instrument, but in the latter case, the husband must first convey, or have there- tofore conveyed. The deed as to the husband, may be acknowledged and proved and recorded as above provided. A deed of a married woman, to be effectual, shall be acknowledged before some of the officers above named, and recorded in the proper office. Previous to sujoh acknowledgment the officer must explain to her, separately and_ apart from her husband, the contents and effect of the deed, and she must thereupon declare that she freely and voluntarily acknowledges the same, and is willing it should be recorded. Depositions^ — Within the State, depositions should be taken before ex- aminers. But where an examiner cannot be obtained in the county where the deposition is taken ; or where the witness is unable from age, infirmity, or im- prisonment to attend at the examiner's office, and the exaimiuer refuses to go to him ; or where all the examiners of the county are interested in the cause, tbe depositions may be taken before a judge of a court, a justice of the peace, a notary public, or a clerk of a court. Where a deposition is taken before any other officer than an examiner, the cause of its being so taken shall be made to appear by an accompanying affidavit. Depositions may be taken out of the state before 'a commissioner, appointed by the governor thereof, a judge of court, justice of the peace, a Mayor of a city, notary public, or any other person empowered by a commission directed to him by consent of the parties, or by order of Court. They may be taken upon interrogatories, filed with the clerk, and by i him copied and certified ; or upon notice to the opposite party. ExeciltiOHS, Eand Stay of. — An execution binds defendant's estate from the time of delivery to the officer. It cannot be issued on a judgment after the lapse of fifteen years from the date of the last execution thereon. An injunction or supersedeas operates to stay execution, and discharge the levy and lien, An execution may be replevied for three months, by an obligation, with good surety for the amount, with interest, costs and half ojmm'asion. £xeenptions and Ilossisstead S^awrs. — The following property is exempt from execution : One horse and yoke of oxen, or two horses ; one two- horse wagon or ox-cart ; one plow and gear ; two cows and calves ; beds and bedding ; five head of sheep ; one cooking stove and appendages, and certain necessary household furniture ; wearing apparel ; school books ; the arms, amuniticn and equipments of every militia man ; one sewing machine ; and, on liabilities created after May 1, 1870, the libraries of preachers ; pro- 9 130 LAWS OP KEMTUCKY. feasional librarifes of lawyers, physiuians and slirgeons, and their intsruments to the value of $500 ; and one horse with cart, for laboring men- A homestead, not exceeding in valne f 1,000, is exempt, except to foreclose a, mortgage given by the owner, or for purchase money. iBlterest.— The legal rate is six per cent, but from"the first of Sept , 1871, may be as high as ten per cent, if expressed in a written contract. Contracts are void for the excess over legal interest. Jai^gsmcMtS are not a Hen on property of defendant. They may be re- plevied, in the same manner as an execution. liien «f Meclianics, &C — Persons employed on vessels have a lieu for their wages ; mechanics and others also have a lieu for work, supplies, materials, stores and provisions done or furniehed to a vessel. Mechanics, laborers and material men have a lien for labor and material in the construction or repair of any building, for any sum amounting to ten dollars. These liens must be en- forced within one year from the completion of the work. ILieilitation off ActiOMS. — Actions for the recovery of .real property, and actions upon a judgment or decree ; upon a recognizance, bond or written contract; and" upon official, appeal and other Court bonds, must be commenced Avithin fifteen years after the cause of action first accrues. In the case of a judgment the time is computed iTom the date of the last execution. Infants, married women and persons of unsound mind at the time the right accrues, may bring an action to recover real-estate within three years after removal of the disability. Actions upon contracts not in writing ; u])on a liability created by statute, when no other time is fixed by the statute creating the liability ; for a penalty or forfeiture; for trespass on real or personal property; upon com- mercial paper ; upon accounts between merchants, and for relief on the ground of fraud or mistake, must be brought within five years after the cause of action accrues. Actions for personal damages, libel, slander, &c. ; upon a merchant's account for goods sold and delivered, or any article charged in such store account, must be brought within one year. The limitation, upon such merchant's ac- count, is computed from the first day of January next after the date of delivery of the article. HSarrJefi Women. — The real and personal property of a married woman is not liable for the debts of her husband, but is liable for her debts incurred before marriage, and for debts contracted after marriage for necessaries for her- self or any member of the family, when evidenced by writing signed by her and her husband. The husband is entitled to the use of his wife's property, but when he abandons the wife and lives separately and apart from her, or abandons her and leaves the state without making sufficient provision for her maintenance, or is confined in the penitentiary for an unexpired term of more than one year, the wife may, by petition in chancery, be empowered to act as a ferns sole ; and she may be empowered to act in like manner, on the joint peti- tion of herself and her husband, on satisfactory evidence. The husband is entitled to tenancy by courtesy ; and the wife to dower of one-third of the real-estate of which her husband was seized at any time during coverture, and to one-third LAWS OF KENTUCKY. 131 ■of his personal estate, or, if he leave no issue, one-half, unless Iier right has been birred, forfeited or relinquished. A divorce birs claim to courtesy and do"wer. Notes, Bills aod Protest. -The principle! of the common law in rela- tion to commercial paper apply here. It is the duty of notaries to keep a record of their protests, a copy of which protest, certified by the notary under his sell i^ prima facie evidence in the courts of the state ; and the same effect is given in the courts of this state to the protest and certificate of a foreign notary as is given in the courts of his own state. Taxes are due on the first of June, and if the party against whom they are assessed is a non-resident, they must be paid to the tax collector by the 15th of the following January, or to the auditor of public accounts, by the first of May following, or become delinquent. They do not become delinquent as to resi- dents, until a demand is made. If unpaid, 50 per cent, is added for the first year, and 100 per cent, for the sscond, with ten per cent, costs against a non- resident. Unless paid by the end of the second year, the property is forfeited to the State. Property may be redeemed within two years after forfeiture, by paying the amount of tax with interest, at 100 per cent, per annum ; except in the case of infants, lunatics, and married women, who have five years, upon payment of the tax and interest at 20 per cent, per annum. Wills. — Every person of sound mind, not being under twenty-one years of age, nor a married woman, may by will dispose of any estate, right or interest in real or personal estate, that he may be entitled to at his death, which would otherwise descend to his heirs or pass to his personal representative ; and though he may become so entitled after the execution of his will. A married woman may by will dispose of any estate secured to her separate use by deed or devise, or ia the exercise of a special power to that effect. Wills must be in writing, with the name of the testator subscribed by himself, or by some other person in his presence, and by his direction ; if the vrill is not wholly written by the testa- tor, the subscription must be made or the wUl acknowledged by him, in the presence of at least two credible witnesses, who shall subscribe the will with their names, in the presence of the testator. A soldier in actual service, or a mariner at sea, may dispose of his personal estate, by a nuncupative will, made within ten days of his death, in the presence of two competent witnesses, called upon by him to witness his intention, if the testamentary words or their substance be reiucsd to writing, and subscribed by one of the witnesses within sixty days. The will of a person domiciled out of the State at the time of his death, is valid, as to his personal property in the State, if executed according to the law of the place of his domicil. An executor may be a competent witness for or against the will. Witnesses. — Person? convicted of crime, infants under ten years of age, and over that age, if incapable of understanding the obligations of an oath, and persons of unsound mind, are not oompeteat witnesies. Husband and wife can not in general testify for or against each other, or concerning any communi- .oation made by. one to the other during marriage ; nor can an attorney be a -witness as to communications between himself and client. 132 ' LAWS OF KENTUCKY. Ceriifficates of Acknovrledgment, &c., of Deeds. 1. Within the State. State of Kenttjcky, ) County of • j ^" Be it rememtered, that on this day of 18 , before me [name- and title of office], a,t personally came A. B. [and C. B. his wife], to me Icnown to he the perfon [or persons,] dcsorited in and who executed the- within deed, and [eeverally], acknowledged that he [or they] executed the same for the uses and purposes therein mentioned. Given under my hand and seal of office, the day and year first above written. [Sbai.] [Signature and title.'] 2. Out of the State, by Husband and Wipe. State op County of r'' City (or town) of I, A. B., [title] do certify * that this instrument of writing from C. D. and his wife, E. P., was this day produced to me in my office in the city (07' town)- aforesaid, by the parties, which instrument was aelinowledged by the said C. D. to be his act and deed ; and the contents and effect of the instrument being explained to the said E. E. by me, separately and apart from her hus- band, she thereupon declared that she did freely and voluntarily execute and deliver the same to be her act and deed, and consented that the same might be recorded. Given uiider my hand and seal of office, this day of 18 [Seal] A. B., Commissioner. Notm. — Certificates of the aetnowledgment of powers of attorney and other instruments, must pursue substantially the above form. 3. Out of the State, when Executed by a Man aloke. [As in form 3, to the *] that th:3 deed from 0. D. to G. H., was this day produced to me in myoffice in the city [or town) aforesaid, by the said grantor, and by him then and there aclniowledged before me to be his act and deed, for the purpose therein mentioned. InstriictioMS samd Forms for Taking- Depositions. 1. The caption of the deposition may be in this form : — The deposition of taken on the day of 18 at County of State of to be read as evidence on behalf of the in an action between plaintiff and defendant^ now pending in the for County, State of Deponent being of lawful age and first duly sworn, deposes and says : LAWS OP KENTUCKY. 133 . 2. When more than one deposition is taken under the same notice, the cap- tion of the second and succeeding depositions may he in this form : — Also the depositions of taken at the same time and place and for the same purpose in the caption mentioned. Deponent being ot laiirful age and first duly sworn, deposes and says : 3. When depositions are taken upon notice, they must be taken at the time and plao3 mentioned in the notice, and cannot be continued beyond the day named unless the notice so authorizes. If the notice authorizes adjournments, they must be from day to day— Sundays excepted — and noted and signed by the officer. Any person may be present when depositions are taken on notice, and the notice shou d be returned with deposition, though it is not essential. 4. Ail oljjections to questions may be decided by the officer, and his ruling noted ; but, unless the question is palpably improper, it should be allowed, the objection being noted. 5. The deposition must be written by the officer in presence of the witness, or by the witness in presence of the officer, and then read to the witness by the officer, and be subscribed by the witness in the presence of the officer. Each interrogatory should be fully answered, before proceeding to the next one. 6. The oertiiioate of the officer may be in this form ,7 - State of County of I, [giving official character] certify that the foregoing depo- sition of was taken before me, and was read to and subscribed by him in my presence, at the time and place and in the action mentioned in the caption, the said having been first sworn by me that the evidence he should give in said action should be the truth, the whole truth, and nothing but the truth, and that his statements were reduced to writing by the witness in my presence, [or by me in the presence of the witness], the plaintiff alone being present at the examination, [or the defendant alone being present at the examination ; or both plaintiff and defendant being present in person, or by agent or attorney, at the examination ; or neither party being present in per- son, or by attorney or by agent, stating the facts as they are ; and where a party is present by attorney or agent, give his name.] Given under my hand [and, if out of the State, seal] this day of 18 [Signature.] 7. When completed, the depositions should be sealed up by tlie officer, directed to the clerk of the court in which they .are to be read, with a note on the envel- ope signed by the officer officially, showing ttie style of the case, and whether plaintiff's or defendant's depositions, and either delivered to the clerk or mailed, postage paid, to him by the officer taking them. 8. If depositions are taken upon interrogatories, the above caption may be used, except that after the word " taken " insert " upon tlie interrogatories [and cross interrogatories 1 Aercto appended." It is best to copy the interrogatories and cros3 interrogatories into the body of the deposition ; but where several depositions are tjken upon the same interrogatories, they need not be copied into any except the first deposition. In the caption to the second and succeed- ing depositions, when taken upon interrogatories, insert in the above form in paragraph 2, after the word " purpose," the words " anii upon tlie same interrih 134 COURTS OF KENa'UOKY.. gatories [and cross interrogatories.]" The above certificate in paragraph 6 may he used when a deposition is taken upon interrogatories, and, in such case, neither party, or agent, or attorney, shall be present at the taking, unless both parties are present or represented by agent or attorney, or unless the opposite* party or his agent or attorney has been reasonably notified of the time and place of taking the depositions, or the party attending has been notified by the oppo- site party to attend. The officer should tax his fees, certify the costs of taking, and if paid, and by ■whom paid, at the foot of the deposition. The interrogatories and all papers filed by witnesses should be attached to the deposition. The papers filed with the deposition, to be marked : Exhibit A, B, and £0 on. COURTS OF KENTUCKY. COURT OF APPEALS. The Court of Appeals' has appellate jurisdiction over the final orders and judgments of all other courts of the State, except : (1) When the action is for money or the recovery of property, and the matter in contro- versy does not exceed one hundred dollars in value ; (3) In behalf of the defend- ant, when the judgment of the inferior court is against him for money or per- sonal property, not exceeding in value one hundred dollars, unless reduced be- low that amount by set off or counter claim ; (3) Where the judgment grants a divorce ; (4) Where the judgment or order is by the quarterly court, county court, police court or justices' court, and an appeal is given to the quarterly or circuit court. Chief Justice, W. S. Prior. Associate Judges: M. E. Hardin, of Louisville; B. J. Peters, of Mount Sterling; WiUiam Lindsay, of Paducah. Begular terms, at Frankfort, first Monday of June and December. CIECUIT COURTS. Circuit courts have original jurisdiction of all actions and proceedings for the enforcement of civil rights, or the redress of civil wrongs, except where exclu- Bive jurisdiction is given to other courts ; they have appellate jurisdiction of the judgments and final orders of the quarterly courts where the matter in contro- versy is of the value of twenty dollars or more, and of judgments and final orders of county courts on the probate of wills, the granting or revoking of letters testamentary and of administration, the appointment and removal of guardians, the settlement of accounts of fiduciaries, division of lands, allot- Inent of dower, &o. This appellate jurisdiction extends to errors of fact as well- COURTS OF KENTUCKY. 135 ag of law. In several counties the eiyil jurisdiction as set out above of the cir- cuit courts has teen withdrawn and given to courts of common pleas. COURTS OP LOUISVILLE. LouisviUe Cliancery Court.- The jurisdiction of this court is confined to the city of Louisville and county of Jefferson. It has no other than chancery juris- diction. CJumcellor. - Thomas B. Cochran. Terms. — In contemplation of law it is always in session ; but meets regularly on each Friday. Jefferson Court of Common Pleas.— Tte jurisdiction of this court is confined to the city of Louisville and county of Jefferson. It is a court created to exer- cise the civil jurisdiction of the circuit court for Jefferson county, leaving only criminal jurisdiction in that court. Judge. — Henry J. Stites. In session during entire year except whilst adjourned for summer vacation. QUARTERLY COURTS^ These courts have jurisdiction where the matter in controversy, exclusive of interest, does not exceed one hundred dollars in value ; and of inquests upon idiots and lunatics ; and of all other actions and proceedings of which justices of the peace have jurisdiction. They have appellate jurisdiction from judgments of justices of the peace of five dollars and over. COUNTY COURTS. County courts have jurisdiction for probate of wills, granting and revoking letters testamentary and administration ; appointment and removal of guardians ; settlement of accounts of fiduciaries ; in cases of bastardy ; division of lands ; assignment of dower; establishment, alteration, or discontinuance of ferries, roads, and passways; concerning mills and dams built across water courses. JUSTICES' COURTS. Have jurisdiction when the amount does not exceed f 50. LAV^S OF LOUISIANA, BBLATING TO CIVIL ACTIONS, DEEDS, WILLS, &c., PBBPARBD FOB THIS WORK ET W. W. EDWAKDS, Esq., op Nkw Obleans. Mevise^ Statwtes, Code, Practice.— 1 he statutes of Loiusiana are oontained in the revised statutes, the civil cede and the code of practice, all of which were amended, revised and adopted hy the legislature of January term 1870. The practice in civjl suits is regulated by the code of practice, mentioned above, which, in nearly its present form, was adopted in 1835, and does not differ much in its general outlines fi'om other codes of procedure. Actions are commenced by filing the proper petition in court, and causing citation, issued thereon, to be served on the defendant, with a copy of the petition. The mere issuance of the writ is not a commencement of suit. There are no forms of action in this state. The cause of action, whether ex C(nu- tractu or ex delicto, is set forth in a petition. There are no courts of chancery, and no distinctions of actions or of remedies between legal and equitable. The courts of law administer the proper relief in the same manner, whether legal or equitable. Suit must be brought in the name of the party interested, and his petition must state the name, surname and place of residence of the plaintiff, and the name and residence of the defendant ; in cases of suits by or against firms, the names of all the partners are required. Citation must be served in the district and parish courts at least ten days, and in justices' courts at least two days before an answer is required. Arrests.— Minors, of both sexes, interdicted persona, and women, married or single, cannot be arrested ; provided, that emancipated minors, for debts legally contracted by them after emancipation, shall not be exempt. A debtor about leaving the state, even for a limited time, without leaving in it sufficient property to satisfy the judgment which a creditor expects to obtain in an in- tended suit, may be arrested and confined until he give sufficient security not to depart from the state without leave of the court ; but no citizen of another state shall be arrested unless it be made to appear, by affidavit on the part of the creditor, that the debtor has absconded from his residence. Such arrest may be ordered in all demands for a debt, liquidated or not, when the term of payment has expired, and for damages for an injury sustained by the plaintiff in his person or property. The creditor must give an obligation, with one good LAWS OP LOUISIANA. 137 surety, for tte damages of defendant, if it shall be decided that the arrest was ■wrongfully made ; and must show, by affidavit, that the debt or damages claimed and the amount of which is specified, is really due, and that he heKeves the de-. fendant is about to leave the state permanently, without leaving in it sufficient property to satisfy his demand. The debtor may be discharged by disproving the creditor's allegations; or by giving his bond to the sheriff for a sum ex- ceeding by one-fourth that which is demanded, with one good surety, condi- tioned not to depart fiir three months, and thwledgnient, Recording.— The manner of conveying re.il-estate is quite antiquated. The usual method is for LAWS OF LOUISIANA. " 139 the parties to go to a notary public, and state the terms of the sale, and he draws up an instrument in wxitins, called an "Auiheniic Ad," which contains the terms of the sale, -warranties, &c., and the description of the property con- veyed. This act is signed by all the parties to it, and by the notary, and two witnesses. It has no seals, except that it be attested by the nobary's official seal. This act is kept by the notary, and a certified copy given to the pur- chaser. It is not recorded in full, as the original remains on record in the notary's office ; but an abstract of it is required to be recorded in the office of the Register of conveyances of the Parish, where the land is situate. Convey- ences made (written) by the parties themselves, and signed (without any seal) and acknowledged before a notary public or recorder of conveyances, or judge, are valid. Conveyances made in other States, may be acknowledged before a Louisiana commissioner in such Slate. No form of acknowledgment is pre- scribed, and the usual one is sufficient. When a married woman joins with her husband in a conveyance of his real-estate, she must be examined apart from him, and her rights in his property, under the laws of the State, must be ex- plained to her, and this must appear in the act. When a conveyance is made before a notary, he is bound to attach thereto the certificate of the recorder of mortgages, showing what mortgages attach to the property conveyed. Depositions. — "When the witness intended to be examined lives out of the State, the party wishing hia testimony, applies to the court for a commis- sion to issue, making oath to the materiality of the testimony. The commis- sion issued is directed to any judge, justice of the peace, magistrate, or other person, residing at the place where the witness lives, or to any Louisiana com- missioner. Interrogatories must accompany the commission, and a copy of the interrogatories inust be served on tbe opposite party, and three days allowed him to file cross interrogatories, which must also accompany the commission if they are filed. Any person may be named in the commission, as special commissioner to take the deposition. Execution and Stay of. — "When the judgment orders the payment of a sum of money, the party in whose favor it is rendered, may apply to the clerk and obtain fromi him a writ of fieri facias against the property of his debtor, ordering the sheriff to seize the property, real and personal, rights and credits of the debtor, and sell them to satisfy the judgment ; returnable in not less than thirty nor more than seventy days. An appeal, duly taken, with a sufficient bond on the appeal, for a sum exceeding by one half the amount of the judgment, will stay execution. Exemptions and Homestead Laws. — The linen and clothes belonging to the debtor or his wife, his bed and those of his family, his arms ajid military accoutrements, the tools and instruments neceaaary for the exer- cise of the trade or profession, by which he gains a living ; the rights of use and habitation, of usufruct to the estate of a minor child, or the income of dotal property, the agricultural implements and working cattle, separately from the land to which they are attached ; the corn, fodder, hay, provisions, and other supplies necessary for carrying on the plantation to which they are attached, for the current year, are exempt from exeoation. The following property is 140 • LAWS OF LOUISIANA. •also exempt from exacution ; one hundred and sixty acres of ground, and the buildings and improvements thereon, occupied as a residence, and bona file o'wued by the debtor, having a family, or mother or f ither, or person or persons dependent on him for support ; also one work horse, one wagon or cart, one yoke of oxen, two cows and calves, twenty-five head of hogs or 1,000 lbs. of bacon, or equivalent in pork ; and, if a farmer, the necessary quantity of corn and fodder for the current year. But the property exempt shall in no ca?e exceed two thousand dollars in value ; proiiided, however, that no debtor shall be entitled to this exemption, whose wife shall own in her own right and be in the actual enjoyment of property worth more than one thousand dollars; and no property is exempt from sale for taxes, purchase money, &c. "When the widow or minor children of a deceased person are left in necessitous circumstances, they shall be entitled to receive from the succes- sion of their deceased father or husband a sufficient sum, added to the amount of property owned by them, to make up the sum of one thousand dollars, and which amount shall be paid in preference to all other debts except those for the vendor's privilege, and the expensss incurred in selling the property. Interest is legal or conventional. Legal interest is five per cent, on all sums which are the object of a judicial demand. Parties may agree upon any rate of interest not exoeeiing eight per cent., in -Rriting. The penalty for usury is forfeiture of the entire interest. Judgement, and liien of. — Final judgments, when recorded in the parish where the property to be affected is situated, operate as a mortgage upon the real property of the debtor in such parish. I>ien of Meclianacs, &;c. — All mechanics have a lien on the chattels they repair for the price of the work done, so long as they keep possession of the thing repaired. Architects, workmen and material men, doing work or furnishing materials for any building, have a mechanics' lien on the same ; and laborers on a farm have a lien on the crops raised, for the price of their labor. Liiaiitation of Actions.— Actions on bills and notes are barred by five years ; judgments by ten years ; open accounts by three years ; an account closed and acknowledged by ten years. The bills of inn-keepers and others for board and lodging, and the bills of retailers of provisions and liquors are barred by the lapse of one year. Married Wosneii. -By dowry is meant the effects which the wife brings to her husband to sapport the expenses of marriage. Whatever is by the mar- riage contract declared to belong to the wife, or lo be given to her on account of the marriage, by any other person than the husband, is dotal property, that is, part of the dowry, unless there be a stipulation to the contrary, and aU. the property she has at the time of the marriage, which is not declared to be brought in marriage by the wife, or to be given to her in consideration of the marriage, or to belong to her at the time of marriage, is paraphernal. The husband dur- ing the marriage has the use and revenues of the dotal property, but he cannot sell it. The wife has entire control of her paraphernal property, except that his consent is necessary for a sale of it. Neither species of property is liable for his LAWS OF LOUISIANA. 141 debts. All property acquired during the marriage, except by inheritance or special donation to one of the spouses separately, belongs to them in common ; and is liable for all debts accruing during the marriage ; and is under the en- tire control of the husband. The "wife has a lien or legal mortgage on all the property of her husband for the restoration of her dotal and paraphernal effects. Notes, Bills, and Protest.— The "Law Merchant" prevails here and the rights of parties to notes and bills are governed by it. faixes. — The rate of taxation for state purposes, for the years 1870 and 1871 is 14 mills on the dollar, and for parish or county tax varying from one per cent, to one and a half per centum : in the parish of Orleans it is two per cent, at present, but usually about three per cent. Taxes are due on the 1st of January each year for the preceding year, and the collector must give residents twenty days' notice, of the amount of taxes, and require them to pay the same. Suit is enterel in the courts against all defaulting taxpayers, and a judgment obtained and their property seized and sold under execution. Land sold for taxes may be redeemed within two years by the owner, on paying the purchaser the pur- chase money and fifty per cent, thereon and all costs of suit. Non-resident taxpayers wiien sued for taxes have a awrator ad lioa appointed by the court to defend them, and notify them, if he can learn their residence, which practically increases the cost without being of any advantage to the non-resident. Tax- bills are also often recorded in the record of mortgages and are then legal mortgages on the property deseribed in the tax biU for the amount of the taxes. Wills made in foreign countries, or in the other States and Territories of the United States, take eifect in this state, if they be clothed with the formalities required for the validity of wills in the places where they have been respectively made. Numerous formalities are required for- wills made in this State. For- eign executors upon probating the will and producing authentic evidence of. ■ their having qualified in the State where the will was made and first proved, to the Probate Court in this State, may be authorized by the Court to act as executors in this State. "Witmesses. — In all aioil actions the competent witness of any covenant or fact, is a person of proper understanding. The husband cannot be a witness for or against his wife, nor the wife for or against her husband, but in any case where they may be joined as plaintiSs or defendants, and have a separate in- terest, they shall be competent witnesses for of against each other so far as that- separate interest is concerned. Contracts involving an amount exceeding five hundred dollars must be proved by at least one credible witness ; and other corroborating circumstances. J^ote, as to Gollectton of Claims in Loidsiana. — In sending claims for col- lection it is always admsahle, in the first instance, wliere there is any prob- ability that a suit will be necessary, to send the full name of the plaintiff and defendant, and if either of them are firms, the full name of each, partner, (the initials of the Christian name are not suflicient', and also tho 142 LAWS OF LOUISIANA. names and residences o E such •witnesses as may be needed on the trial, and the name of a Louisiana Commissioner, if there be one, and if not, then the name of some Judge or Justice of the Peace in the place where the witnesses reside, suitable to act as commissioner to take the deposition of the witnesses if needed, and in. cise a suit be necessary, the attorney should be referred to some suitable person res'ding within the jurisdiction of the Court who will become security for costs of suit, or else from twenty to thirty dollars should be sent to deposit with the clerk and sheriflp for their costs as the law allows them to require such security, or else a prepayment of costs. Certificates of Acknowledgment, &c., of Deeds. 1. Private Act. State op County of Be it remembered, that on this day of A. D. 18 , before me the undersigned H. A., a commissioner, resident in the city of duly commissioned and qualiiied by the executive authority, and under the laws of -the Stite of Louisiana, to take the aoknowledgment of deeds, etc., to be used or recorded therein, personally appeared A. B.* to me known to be the indi- vidual name! in, and who executed the above conveyance, and acknowledged to me that he did sign, seal and deliver the same as his free act and dejd, on the day and year therein mentioned, and for the consideration, uses, and purposes therein expressed. In wituess whereof, I have hereunto set my hand, ^nd affixei my official seal the day and year aforesaid. [Seal.] H. A. Commissioner for Louisiana in 3. Adthbktic Act of Sale, and Wife's Renunciation. (As in form 1, to the *) at present residing at in said county, who declared, \Jiere follows the conveyance ilms\\ that in consideration of to him in hand paid by the said E. ]?., the receipt whereof is hereby acknowl- edged, he, the said appearer, does hereby grant, bargain, sell, convey and con- firm unto E. F. of all [insert description of premises.'] To have and to hold thesameunto the saidE.F., hisheirsand assigns forever. And how personally appeared and intervened Mistress C. B., of lawful age, and wife of said A. B., who did declire unto me, that it is her wish and intention to release in favor of the said E. F., the real-estate above referred to, from the matrimonial, dotal, paraphernal and the other rights, and from any claims, mortgages, or privileges to which she in, or may be entitled, whether by virtue of her marriage with her said husband or otherwise. Whereupon, I, the said commissioner, did inform the said wife, verbally, apart, and out of the presence of her said husband, and before receiving her signature, that she had by the laws of the said State of Louisiana, u. legal mortgage on the property of her said husband : First, for the restitution of her •dowry, and for the reinvestment of the dotal property sold by her husband, and LAWS OF LOUISLVNA. 143 "whiot she broiiglit in marriage, recltonmg from the celebration of the mar- riage : Second, for the restitution and reinvestment of the dotal property, by her acquired since marriage, whether by succession or donation from the day the succession was opened, or the succession perfected ; Thirdly, for nuptial presents ; Fourthly, for debts by her contracted with her said husband ; And, fifthly, for the amount of her paraphernal property alienated by her, and re- ceived by her said husband, or otherwise disposed of for the individual interest of her said husband. And the said wife did thereupon declare unto me, that she was fully aware of, and acquainted with, the nature and extent of the matrimonial, dotal, paraphernal, and other rights and privileges thus secured to her by the laws of the State of Louisiana, in the property of her said hus- band ; and that, availing herself of the right secured to her by the second sec- tion of an act passed by the legislature of the said State of Louisiana, author- izing wives to make valid renunciations, etc., approved on the 37th day of March, 1835 ; she nevertheless did persist in her intention of renouncing not only all the rights, claims, and privileges hereinbefore enumerated and described, but all others of any kind or nature whatever, to which she is or may be enti- tled by any law now or heretofore in force, in the said State of Louisiana. And the said husband being now present, aiding and authorizing his said wife in the execution of these presents, she, the said wife, did again declare that ,she did, and doth hereby make a formal renunciation and relinquishment of all her said matrimonial, dotal, paraphernal, and other rights, claims and privileges in favor of the said E. F., binding herself and her heirs, at all times, to sustain and acknowledge at all times the validity of this renunciation. Thus done and passed in my office, in the said city of in the pres- ence of 0. P. and Q. E., competent witnesses, who hereunto subscribe theii' names, together with the said appearers, and me, commis.sioner, on this day of A.D. 18 . [BignaUire of partie, of witnesses and of officer, with his title and official ■seal.l Instructions antl Forms for taking' Depositions. The Commission may be executed by any one of the Commissioners. If they are all absent or otherwise incapable of executing it, it may be executed by any Judge or Justice of the Peace. IE executed by any other than one of the Com- missioners expressly named, it will be necessary to obtain the certificate of the Governor of the State, that the Judge or Justice of the Peace officiating was such, on the day or days, when the commission was executed, and that his sig- nature to the commission is genuine. The depositions should be preceded by this caption : " Depositions of witnesses produced, sworn, and examined by virtue of the annexed commission, on the day of in the year of our Lord eighteen hundred and in the (city, town, or name of the place, as the case may be,) in the county of in the State of before me, A. B. one of the Commissioners named in the annexed commission, (or a Judge, or Justice of the Peace, within and for the county and State aforesaid, according as the Commissioner is specially named or not,) in a 144 LAWS or LOUISIANA. certain cause now clepending in the (here insert the title of the Court, as con- tained in the commission,) between C. D plaintiff, and E. F. defendant, and H. G. (intervener, third opponent or otherwise, as the case ma-y be) on the part of the said (plaintiff, defendant or other party, as the case may be,) N. 0. being produced and sworn, answers as follows to the interrogatories propounded in this cause." Number the interrogatories in chief, and give the answers, and proceed in the same manner with the cross interrogatories. Each deposition should ba subscribed by the person making it, and there should be annexed at the foot of it the following certificate : " Sworn to and subscribed on the day and at the place first aforesiid." If the witness cannot sign, then have his mark affixed to the deposition in the preECnce of the Commissioner ; and the foregoing certifi- cate should be varied so as to set forth these facts. The Commissioner ought, previous to writing the answer of the witness, to swear him to declare the truth on the queitions put to him in the cause ; and he should also draw hia pi'oeh- verhal, or certificate of the taking of the depositions, and annex the same ta the commission and interrogatories. The following may serve as a form : I, A. B. [here give the name and title of the Commissioner,] do hereby certify that N. 0., P. K., &o., the deponents, were by me severally sworn to declare the truth on the questions put to them in the cause — that the interrogatories and cross interrogatories were produced to them, and their answers thereto taken in writing and subscribed by them respectively 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 Commissioner, should all be wafered or sealed together — the whole should then be enveloped the envelope sealed — the Commissioner's name written over the seal - the expense of taking the same marked inside; the title of the suit marked outside of the envelope, and the whole addressed to Clerk of the District CotinT Louisiana. M COURTS OF LOUISIANA. SUPKEME COUET. The supreme court has appellate jurisdiction only, except in a few instances. Its appellate jurisdiction is exercised in all cases, where the object in dispute exceeds the sum of five hundred dollars, and in tax suits of any amount. GMef Justice: John T. LudeUng : Associate Justices: J. G. Taliaferro, K. K. HoweU, W. G. Wyly, W. W. Howe. Clerks : J. E. Deane, at New Orleans ; W. H. Dinkgrave, at Monro3 ; A. B. Anderson, at Opelousas. Attorney Gen- eral: S. Beldeu. Reporter: J. Hawkins, New Orleans. Regular Tarms.— Monroe, Ist Monday of July; Opelousas, 3d. Monday of June ; New Orleans, 1st Monday of Novemher. DISTRICT COUKTS. The district courts have original jurisdiction in all civil cases, where the amount in dispute exceeds five hundred dollars, exclusive of interest, and ap- pellate juriEdiction when the amount exceeds one hundred dollars, exclusive of interest. At least two terms of the court are held in each parish annually. COURTS IN NEW ORLEANS. In the parish of Orleans, the district courts have tie following jurisilicticn : The first court, exclusive criminal jurisdiction ; the second, exclusive prohate jurisdiction ; the third, exclusive appellate jurisdiction of cases from justices' courts. The five other district courts have concurrent civil jurisdiction in all matters where the amount involve! exceeds one hundred dollars. The eighth court, besides the general jurisdiction of these courts, has exolufive jurisdioLoix in and for the parish of Orleans to issue writs of injunction, mandamus, quo warranto, and of all suits where the right to any office. State, parish or muni- cipal may be involved. All these eight courts hold their sessions in the city of New Orleans. The first, second, and eighth courts are open for business all the year round. The rest of tho courts are in session frem the first Monday in Novembar, to the third day of July. PARISH COURTS. Jurisdiction. — The parish court in addition to its probate, jurisdiction, haa jurisdiction where the amount in dispute exceeds one hundred dollars, and does not exceed five hundred dollars. An appeal from the judgment of the parish court, lies to the district court, when the amount claimed exceeds one hundred dollars, and an appeal lies from the judgment of the district court to the supreme court, when the amount claimed exceeds five hundred dollars. Terms.- -^'asi judge may hold court every month in the year ; each altemxto term, however, must be devoted exclusively to the transaction of probate business. JUSTICES OE THE PEACE. Justices of the peace have jurisdiction in sums undfr one hundred dollars, with appeal to the parish court. 10 LAWS OF MAINE KBLATING TO CIVIL ACTIONS, DEEDS, WILLS, &c., PBBPARBD FOE THIS WORK BY THE EDITOR, WITH THE AID OF WM. P. JOT, Esq., op Ellsworth, Mb. Revised Statutes. — The list revision of the general statutes was in 1871. The practice is according to the common l.iw, modified by statute. Actions. — Civil actions, except scire facias and other special writs, are commenced by original write : which may be capias and attachment, or ori- ginal summons. Service of origiriil summons may be by reading the same to defendant, or leaving at his dwelling house or place of last and usual abode a certified copy, fourteen days bsfore the return day ; on corporations, by leaving attested copy with clerk, treasurer or agent, thirty days before the return day. Personal and transitory actions, when the paxties live in the State, must, in general be brought in the county where any plaintiff or defendant lives ; and when the plaintiff does not live in the State, in the county where any defend- ant lives. Arrests. — In actions on contract, if the sum demanded amounts to ten dollars, or on a judgment on contract, if the debt originally recovered and re- maining due is ten dollars, exclusive of interest, and the debtor is about to depart and reside beyond the limits of the State, with property or means of his own C'Zicecding the amount required for his immediate support, and the creditor or Ms attorney makes oath to that effect, he may be arrested ; anS. then he may give bond, disclose under oath the actual state of his affairs, and take the poor debtor's oath, or bo committed. In actions of tort the defendant may be ar- rested and imprisoned, or give bail. No person shall be arrested on execution on a judgment founded on contract where the debt is less than ten dollars, ex- clusive of costs ; but in other cases arrests may be made on execution, and the debtor may be compelled to give bond to disclose within six months, or may discloss at once, or be committed to jail. AttacImscKftS. — AH real and personal estate, except such as is exempt by common law and the statutes, may be attached and held as security to satisfy the judgment ; and such attachment continues thirty days after judgment. Claiess agaiiMSJ, estates «f persons deceaseil.— The judge of probate appoints two or more commissioners to receive and decide upon claims LAWS OF MAINE. 147 against insolvent estates ; these claims must be in writing, supported by afB- davit, stating what security the claimant has, if any, and the amount of credit to be given. Claims must ordinarily be presented within six months after the ap- pointment of commissioners. Claims against eolvent estates must be verified in like manner, when required by the executor or administrator. Deeds, Mortgages, Ackiiovi'ledg:inent, Recording.— There must be a seal in wafer or wax. It is usual to have two subscribing wit- nesses, though none are required. A separate examination of a married woman is not necessary ; and she need not acknowledge at all, where she joins in exe- cuting the deed with her husband merely to release her dower. The certificate may be annexed or indorsed. There is no provision by statute for proof by subscribing witness, except within the State, when the grantor has died or left the State, or refuses to acknowledge. Deeds may be acknowledged in the State, before a justice of the peace ; out of the State and within the United States, before a justice of the peace, magistrate or notary public, or a commissioner appointed for that purpose by the Governor of this State ; and in a foreign country before any United States minister or consul or notary public. Deeds and leases for more than seven years, to be valid against any persons, except the grantor, his heirs and devisees, and persons having actual knowledge thereof, must be re- corded in the registry of jdeedsintheconnty where the landlies. Anffi&'e?imaytake, ■ hold, convey and devise real-estite. Chattel mortgages, to secure payment of more than thirty dollars, are not valid, except as between the parties, unless possession of the property is delivered to and retained by the mortgagee, or the mortgage is recorded. Depositions— May be taken out of the State in any action, after the pro- cess in the suit has been served, in either of the following modes : — 1. By a commission issuing from the court where the action is pending, the deposition being taken upon written interrogatories and cross interrogatories. No counsel or party should be allowed to be present when the deposition is taken. 3. On notice served on the adverse party in the State, depositions may be taken out of the State before a justice of the peaC3 or notary public appointed by the State where it is taken ; or before a commissioner appointed by the Governor of Maine, to act in such State. A deposition taken in this mode may be admitted or rejected by the court at discretion. Execntion and Stay of. — Persoml property taken on execution may be sold in fourteen days after seizure. When judgment is rendered on default of an absent defendant, execution is stayed one year, unless plaintiif give band in double the amount. A justice of the court may grant a stay of execution, on a petition for review or writ of error, upoa the filing of a bond with suffi- cient sureties. Exemptions and Homestead JLaw.— The debtor's wearing ap- parel, necessary household furniture, not exceeding fifty dollars in v-ilue, one "bed, bedstead, and bedding for every two in the family ; all family portraits, Bibles, and school-books in use in the family, copy of the statutes, and a library not exo3eding one hundred aTid fifty dollars in value; one pew in a meeting- 148 LAWS OP MAINE. house where the debtor and family statedly worship, one Gooking-stove, all iron stoves uEed exclusively for -warming buildings, charcoal, twelve cords wood, five tons anthracite coal, fifty bushels bituminous coal, ten dol'iirs' worth of lumber, wood, or bark ; all produce till harvested ; one barrel flour, thirty bushels com and grain ; all potatoes raised or purchased for himself and fcmily, all flax raised on a halt acre of land, and all articles manufactured therefrom for him- self and family ; tools of trade, a sewing-machine worth one hundred dollars ; a pair of working cattle, or instead thereof, a pair of mules, or one or two horses not exceeding three hundred dollars in value, and hay to keep them, through the winter season ; one harness for each of said horses or mules, not exceeding twenty dollars in value ; a cow and heifer, two swine, ten sheep, snd the wool from them, and the lamts raised from them until they are one year old, and hay to keep them during the winter seascn ; a plow, cart or truck- wagon, harrow, yoke with bows, ring and staple, two chains, sn ox-sled, a mowing-machine, and one boat of two tons. Homestead. — A householder, by filing a claim in the registry of deeds, may have a homestead to the value of five hundred dollars, or lot, purchased of the State for a homestead, exempt from attachment (except for the lien of mechanics and material men), for debts contracted after such filing ; and after the death of the debtor, his widow and minor children may occupy the eame during widowhood or minority ; also a lot for a burying-ground. Itltei'CSt. — The legal rate of interest is six per cent, unless the parties otherwise agree in writing, but they may so agree to any rate of interest. JwdgllieMts— Do not create a lien on the debtor's property. IiieMS of MecSiamics, &C. — Mechanics have a lien on buildings and on the land on which they stand, for labor and materials furnished for erecting or repairing them. Suit to enforce the lien must be ctmmenced within ijinety days after the labor is performed or materials furnished. Any person who works on lime rock, has a lien thereon, which continues for thirty days after the rock is manufactured into lime, or the lime is sold or shipped on board a vessel, and to be enforced by aittachment within that time. Any person who worts upon slate, in a quarry, has a, lien upon the slate so worked upon by himself and his co-labdr'ers, which shall continue thirty days after the same ar- rives at the port of shipment. Inn holders, and boarding house keepers have a lien on the goods and personal baggaf,e of guests and bourders, to secure the payment of money due for board or, lodging-. Any person, who works in cut- ting, haiiling, or driving logs or lumber, has a lieu thereon for his personal services, which continues sixty days after the logs or lumher avrive at their place of destination for sale or manufacture. Any person, who furnishes laVor or niaterials for building or repairing a vessel, Bas a lieu upon said materials until they become pa.rt of the vessel, ai]d upon the vessel it?tH, wMe-h ccntinues four days after the vessel is launched, or repaired, to be enforced by attachment within the time specified. liimltation of Actions. — Actions must be oommenced within the periodshere named, after tlie cause of action aocrues; "Within sfayeara : aotions-of LAWS OP MAINE. 149 debts or assumpsit on any contract or liability, not under seal, andnot upon the judg- ment of a court of record ; arrears of rent, waste, trespass on lands, repleviD, or other action for taking, detaining, or injuring goods or chattels, and actions on the cise : within four years, actions against executors and administrators, and against sheriffs except for escapes ; within two years, actions for assault and battery, false imprisonment, slander, and libel ; within one year, actions against sheriflfs for an escape, and scire facias against bail in civil suits,, sureties in criminal recognizances, indorsers of writs, and persons adjudged trustees. The cause of action in a mutual and open account current, accrues at the date of the last item proved on either side. All other personal actions on any contract may be commenced within twenty years after the cause of action accrues. All per- sons under any disibility to sue, as minors, married women, those out of the United States, etc., may commence suits within the time limited above, after the disability is removed. Kesidenoe of a debtor out of the State, constitutes •no part of the time of limitation. ITIcll'ricd ^Voincn. — A married woman of any age, may own in lier own right, real and personal estate, acquired by descent, gift or purchase ; and may manage, sell, convey and devise the same by will, without the joinder or assent of her husband ; but real-estate, directly or indirectly conveyed to her by her husband, or paid for by him, or given or devised to her by his relatives, cannot be conveyed by her without the joinder of her husband. Property conveyed to her by her husband without a valuable consideration, or paid for by his prop- erty, may be taken for his debts contracted prior thereto. Since the act of March 33, 1844, a woman does not lose, and a husband does not acquire rights to her property, by marriage. A married woman may sue for, receive and hold the wages of her personal labor, not performed for her own family. A husband married since Al|pril 36, 1853, is not liable for his wife's debts, contracted before marriage, nor for those contracted afterwards in her own name ; but she is liable, and may be sued therefor, and her property taken on execution, as if she were sole.: but she cannot be arrested. Notes, SSills, and Protest.— A grace of thi-ee days allowed on pro- missory notes, inland bills of exchange, drafts or orders for the payment of money, payable in the State at a future day, or at sight, and not on demand. Acceptance and waiver of demand and notice, must be in writing, signed by the party or his agent. The protest by a notary of any bill or promissory note, and . all cojiies or certificates by him, must be under his hand and notarial sial ; and is received as legal evidence of all facts therein contained, and as to the notice given. Taxes. — There is a lien on all real-estate for the taxes assessed thereon : and if the taxes are not paid within nine months after their assessment, the lands are to be advertised and sold at auction for the taxes and expenses. The owners of non-resident lands may redeem the same at any time within eighteen months, and the owners of resident lands within two years after the ^le, by -paying the taxes, costs, and interest at twenty per cent, on resident lands, and twenty-five per cent, on non-resident lands. 150 LA.WS or MAINE. W^illS. - A person of sound mind, and of the age of twenty-one years, may- dispoBe of his real and personal estate by will, in writing, signed by him, or by some person for him and at his request, and in his presence, and subscribed in his presence by three credible attesting witnesses, not benej&cially interested tinder said will- Nuncupative wills must be made during the last eiolLuess of Ihe testator, at his home, or at the place where he resided ten days before mak- ing it, unless he is suddenly taken sick from home, and dies before returning to it ; except in case of soldiers in actual service and mariners at sea. Such wiUb are not efEectual to dispose of property exceeding in value $100, unless proved by three witnesses who were present. "Witnesses.— Parties are admissible as witnesses, in criminal as well as civil cases ; but cannot be compelled to testify in criminal suits. Interest may be shown for the purpose of affecting credibility. No person is rendered in- competent as a witness on account of his religious belief, or his disbelief in the existence of a Supreme Being. Certificates of Acknowledgement, &c., of Deeds. 1. By the Grantok. .State of j County of Town of 5 day of A.D. 18 Then personally appeared A. B.* [and CD. his wife,] the person described in and who executed the foregoing instrument, and [severally] acknowledged that he [or they] did sign and seal the same, as his [or, their] free act and deed, before me. [Seal.] [Siguature and title.] 3. By Attorney in Fact. [As in form 1 to the *] by his attorney C. D., and acknowledged the above written instrument to be the free act and deed of the said A. B., before me. 3. By a Coeporation. [As in form 1 to the *] president, and C. D., E. F. and G. H., directors of and severally acknowledged the foregoing instrument to be the free act and deed of the said company, before me. Instructions and Forms for taking; Depositions. The witness must be sworn before testifying. He is not to know any subse- quent interrogatory until he has answered the one preceding, and the answers must be written by the witness or the ofiicer taking the deposition. The cap- tion may be as follows : The depositions of witnesses to be used in evidence in a certain action now pending in the supreme judicial court of the State of Maine, within and for the county of in the State of Maine, wherein A. B. is plaintiff, and C. D. is defendant. E. F. of of lawful age, being first duly twom, dcpores and says as follows : (Here write out tlie deposition at length.) laws of maine. 151 certificate. State of ) . Ooimty of 5 On the day of 18 , personally appeared before mc, at my ofBoe, in , E. F., of , and having been first sworn accord- ing to law, gave the foregoing deposition, by him subscribed, in answer to the foregoing interrogatories and cross-interrogatories. Said deposition was written by me, {or by , in my presence', and in the presence of the witness,) and is taken at request of A. B., to be used in an action pending in the supreme judicial coui't of the State of Maine, to be held at within and for the county of on the of , between A. B. plaintiff, and C. D. defendant. In witness whereof, I have hereto set my hand and ajEBxed my official seal, the day and year aforesaid. [Signature and seal.] The deposition must be sealed up, and directed to the justices of the supreme judicial court, to be held at , within and for the county of . Wbere the depositions are taken upon notice without commission, the following cer- tificate should be used : State op > County of $ On this day of ', A.D. 18 , thewithin-nameddeponentpersonally ap- pearing before me at , in , was first sworn by me, according to law, to testify the truth, the whole truth, and nothing but the truth, relating to the cause or matter for which his within deposition was to be taken; and then being examined on interrogatories, according to law, gave on oath the within deposition, which was written by me, (or by , a disinterested person, in the presence and under the direction of myself,) and after the same deposition had been carefully read to said deponent, it was then subscribed by him in my presence. Said deposition was taken at the request of the plaintiff; the adverse party was notified to attend and did {or not) attend its taking; the cause in which it is to be used is an action of , in which A. B. is plaintiff, and C. D. is defendant, which is now pending in the supreme judicial court, within and for the county of , in the State of Maine, and is to to be tried in said court at its term to be holden at , within and for the said county of , on the day of A.D. 18 . The cause of taking said deposition is that said witness is not a resident of said State of Maine ; but resides in the In testimony whereof, I have hereunto set my hand, and affixed my official seal, at the said , the day and year first above mentioned. [Signature and seal.] COURTS OF MAINE. SUPREME JUDICIAL COUET. This, court haa jurisdiction of all actions and prosecutions ; and the general superintendence of all inferior courts. It sits both as a court of law and as a trial court. For the purpose of the law court, the State is divided into three districts, the Western, Middle and Eastern. The supreme jiidieial court con- sists of a chief justice and saven associates. Five or more judges sit as a court of law : the trial courts are .held by one judge. Chief Justice : John Appleton, of Bangor. Associate Justices : Jonas Cutting and Edward Kent, of Bangor ; Charles W. Walton, of Auburn ; Jona. G-. Dick- erson, of Belfast ; Wm. G. Barrows, of Brunswick ; Charles Danf orth, of Grard- iner ; and, Buf us P. Tapley, of Saoo. At least one trial term of the court is held annually in each county. The law terms are held at Augusta, on the 4th Tuesday of May, at Bangor, on the 3rd Tuesday of June, and at Portland, on the Srd Tuesday of July. COUETS OF PROBATE. These are courts of record, and exercise the usual jurisdiction of such courts, as to wills, administration, guardianship, &c. JUSTICES' COUETS. Ti'ial Justices act within the county for which they are appointed. They have original and exclusive jurisdiction in all civil actions, when the amount demanded does not exceed twenty dollars. Service to be made seven days before the return day. LAWS OF MARYLAND RELATING TO CIVIL ACTIONS, DEEDS, WILLS, &c., PBEPAKED FOB THIS WOBK BY THE BDITOB, WITH THE AID OF HENRY KTD DOUGLAS, Esq., of Hageestown, Md. Revised Statutes, Code, Practice.— The statutes of tlie State ■were compiled by oomioisBioiiers, and the compilation adopted by the legislar tion, in 1860, under the name of the Maryland Code. The practice is as at ODmmon law, except as simplified by the code. Actions. -In civil suits in the circuit courts -where capias ad respondendum formerly issued, a writ of summons is issued by the clerk of the court, stating the purpose for which the defendant is summoned. ■ Pleadings must .contain a statement of facts, necessary to constitute a ground of action, defence, or reply. Any of the proceedings may be amended, so that the purposes of justice may be subserved, and the case be tried on its merits. Arrests are not allowed in civil actions. AttacliaientS. —Before an attachment on original process shall be issued the plaintiff or some person in his behalf, must make an affidavit before the clerk of the court, that the defendant is bona fide indebted to the plaintiff in the sum of doUars, over and above all discounts ; and that the plaintiff knows or has good reason to believe either: 1. That the debtor is about to abscond from the State, or ; 2. That the defendant has assigned, disposed of, or con- cealed, or is about to assign, dispose of, or conceal his property, or some por- tion thereof, with intent to defraud his creditors, or ; 3. That he fraudulently contracted the debt, or incurred the obligation respecting which the action is brought, or ; 4, That the defendant has removed, or is about to remove his property, or some portion thereof out of tlie State, with intent to defraud his creditors. The plaintiff must, at the same time, produce the evidence of the debt, to be filed, and give a bond with security in double the sum alleged to be due. Writs of attachment issue against non-residents and persons who ab- scond. Every person who shall actually run away, abscond, or fly from justice, or secretly remove himself from his place of abode, with intention to evade the payment of his just debts, or to injure or defraud his creditors, shall be con- sidered as having absconded. Any plaintiff having a judgment or decree in any court of law or equity in the State, may, instead of any other execution, 154 LAWS or MAEYIAND. issue an attachment, at any time within twelve years from the date of the judgment, against the lands, tenements, goods, chattels, and credits of the de- fendant in the plaintiff's own hands, or in the hands of any other person. Justices of the peace may issue an attachment by way of execution, on any justice's judgment, in all cases where a writ of fieri facias might issue; and may issue an attachment against a. non-resident or ahsconding debtor, where the sum claimed does not exceed $100. Wages or hire of a laborer or employee in the hands of his employer, and not actually due, cannot be attached. Claims against estates of pers«ais deceased.— At least six months before making distribation among creditors, the administrator must publish a notice in so many newspapers as the orphan's court may direct, re- quiring all persons having claims against the deceased to exhibit the same to him with the vouchers legally authenticated, on or before a day named. The creditor must make oath that the claim as stated is just and true, and that he has not received any part of the money stated to be due, or any security or satisfaction for the same, except what (if any,) is credited. The administrator must, within thirteen months from the date of his letters, unless further time not to exceed four mouths, be given by the court, discharge the just claims, or pay a just proportion thereof. Deeds, Mortgages, Ackno^vledgment, Recording. — Deeds must be signed and sealed by the grantor, and attested by at least one witness. A scroll is sufBcient seal. Deeds must be recorded in the county where the land lies, and if not acknowledged and recorded will not be valid for the pur- pose of passing title or any estate for above seven years. Mortgages must' be executed, acknowledged and recorded in the same manner as deeds. Acknow- ledgments taken without the State, but within the United States may be made before a notary, a judge of any court of the United States ; or of any State or Territory having a seal ; or a Maryland commissioner. If without the United States, before a minister or consul of the United States, a notary or Maryland commissioner. The certificate may be annexed or endorsed. There is no provision for proof by witnesses. A married woman need not be privately examined. Depositions. — Commissions may issue from the courts of law and equity, to take the depositions of witnesses, residing out of the State. Two commissioners are appointed, unless the parties agree that the commission be issued to only one person. The depositions are taken upon interrogatories. The parties, their attorneys or agents may be present at the execution of the commission. Execntion, and Stay of. — Executions may issue at any time within three years after judgment, or after the removal of a stay. The legal or equit- able estate or interest of the defendant in any lands, tenements, or heredita- ments, may be sold on execution, and the purchaser at such sale shall be enti- tled to an assignment or conveyance of such interest. An execution is stayed on appeal from a judgment or decree, by a bond -frith sufficient securities in at least double the sum recovered by such judgment. », LAWS OF MARYLAND. 155 Exemptions and Homestead I^aw.— One hundred dollars worth of property of the defendant is exempt from sale on execution, except on judg- ments for breach of promise to marry, or for seduction. AH -wearing apparel, books, and the tools of mechanics are also exempt. These exemptions are not to impair the liens of vendors, mortgagees or mechanics. There is no home- stead law. Interest.— The legal rate is six per cent.' The plea of usury is not availa- ble against the bona fide holder or assignee, for a valuable consideration, of negotiable paper. A person giiilty of usury, is liable to forfeit the excess above the real sum lent an^ the legal interest thereon, Judgments and I County, to wit : ) I hereby certify tbat on this day of in the year before the subBcriber, [insert the official style of the officer], personally appeared [insert the nwme of the grantor-'] and aclniowledged the aforegoing deed .to be his act. In testimony whereof, I have caused the seal of the Court to be affixed, [or bare affixed my official seal,) this day of A. D. [Name and style of office^ Instructions antl Forms for TaSsisjg Uejijosilioiiis. Before prooeeJing to act, the comm'ssioner will take the " commistioner'a oath," (contained in the commission,) before a person authorized to administer an oath, who wiU write at the foot thereof ao follows: "The alove oath was administered by me this day of , in the year 18 , to , commissioner within named," and sign his name and his title. If the commissioner think proper to appoint a clerk, he will administer to him the " clerk"s oath,'' and make this- certificate underneath such oath :" " The preoediug oath administered to , by me appointed clerk, before proceeding to execute this commission," aujl the acting commissioner will sign it.. 158 LAWS or MABYLAHD. Caption. Depo;itions of witnesses produced, sworn and examined on the day of in the year of our Lord, 18 , at in county and State of , by virtue of the annexed commission ; I, the undersigned commis- sioner, having first taken the oath to said commission annexed, in due form of law, before as appears by his csrtificate and signature thereto. Let the witness be sworn to make true answers to all suoh questions as shall be asked upon the interrogatories annexed to the commission, without favor or affec'ion to either party, and therein to speak the truth, the whole truth, and nothing but the truth. Draw up in writing his answers to the interro- gatories, as follows : of aged years or thereabouts, being proiuced, sworn, and examined on bshalf of the plaintiff {or defendant, as the case may be] deposeth as follows : Ist. To the first interrogatory on the part of he deposeth as follows : and so on through the rest of the interrogatories, until the whole are answered. The witness must subscribe his examination with his name, and the acting commissioners must subscribe their names opposite to his sigaature, for the purpose of identifying it, aiid if, in the cjurse of examination, the witness shall jiroduce or refer to any paper, exhibit or document, the same must be marked by some letter or figure, and further identified by the acting commis- sioners, in the following manner : " This is the paper, exhibit, or document re- ferred to by in his examination, as the paper marked A, etc.," to which they will sign their names. Certificate. State of >\ ■ County of , ) ■ I, , [Maryland commissioner] in and for said county, and State, do hereby certify that the above deposition was taken by me at the time and place mentioned in the caption thereof; that the said witness was first duly sworn, and the said deposition was carefully read to said witness, (or witnesses,) and signed by him (or them.) In witness whereof, I h ive hereunto sat my hand affixed my official seal, this day of , A.D. 18 . , Commissioner for Mary- land in [Seal.] [Signature.] Every question must be answered by the witness, if it be merely to declare that he is ignorant of the matter inquired of. An omission to answer any one will be fatal to the whole examination. A rigid observations of the forms herein prescribed is essential. The acting commissioner must bind up the depositions and exhibits together with tlie commission, some tape passing through and con- necting the whole ; and make the following indoriemeut upon the commission : " The execution of this commission appears in a certain schedule hereunto an- nexed," to which he will also subscribe his name and affix his seal. Thus prepared and executed he will inclose the same in an envelope, sealed with his seal, his name written across or by the side of the seal, and adfiress it to clerk of the court. It may then be delivered to the agent, or forwarded by the most expeditious and safe conveyance to the court whence the commission issued. COURTS OF MARYLAND, PCraHISHTID FOB THIS WORK BY WILLIAM L. DALLAM, Esq , of Baltimoeb. COUKT OF APPEALS. TMs court has appellate jurisdiction only, and co-extensive -with the limits of the State. It consists of one judge specially elected from the eighth judicial circuit, (Baltimore City), and the chief justices of the seven remaining judicial circuits. Chief Justice: James L. Bartol, of Baltimore. Associate Judges : (1st judicial circuit), James A. Stewart, of Dorchester Co.; (,2d) John M. Eobinson, of Queen Annes Co. ; (3d) Kiohard Grason, of Baltimore Co.; (4th) Eichard H. Alvey, of Washington Co.; (5th) Oliver Miller, of Anne Arundel Co.; (6th) Eichard Johns Eo-wie, of Montgomery Co.; (7th) George Brent, of Charles Co. Clerk, James S. Franklin. State Reporter: L Shaaff Stockett. Attorney Oeneral: Andrew K. Syester. The court meets in Annapolis first Monday in April and October in each year, and sits not less than ten months every year, if business so require. CIEOUIT COUETS FOE THE COUNTIES. These are the highest common lavr courts of record and original jurisdiction ■within the State, and have full common law powers and jurisdiction in all civU and criminal oases within their respective counties. They have also the powers of Courts of Chancery. Appeals to these courts may be taken from judgments of justices of the peace, and Irom decisions or orders of county commissioners. First Judicial Circuit, composed of Worcester, Somerset, Dorchester and "Wicomico Counties. Chief Judge, James A. Stewart ; Associates, John E . Franklin and Levin T. H. Irving. Second Judicial Circuit, composed of Caro- line, Talbot, Queen Anne's, Kent and Cecil Counties. Chief Judge, John M. Eobinson ; Associates, Joseph A. Wickes and Frederick Stump. Third Judicial Circuit, composed of Harford and Baltimore Counties. Chief Judge, Eichard Grason; Associates, ^a-raes D. Watters and George Yellott. Fourth Judicial Circuit, composed of Allegany and Washington Co^lnties. Chief Judge Eich- ard H. Alvey ; Associates, George A. Pearse and William Hotter. Fifth Judi- cial Circait, composed of Carroll, Howard and Anne Arundel Counties. Chief /Mf^ye, Oliver MUlcr ; Associates, Edward Hammond and Wm. N. Hay den. Sixth Judicial Circuit, composed of Montgomery and Frederick Counties. Chief ■Jadge, Eichard J. Bowie ; Associates, John A. Lynch and Wm. Viers Bowie. Seventh Judicial Circuit, composed of Prince George's, Charles', St. Mary's and 160 COUETS Of MAEYIAND. Calvert Counties. Chief Judge, George Brent ; Associates, Robert Ford and Daniel E. Magruder. Eighth Judicial Circuit, composed of Baltimore City.- The Supreme Bench of Baltimore consists of Chief Judge, T. Parkin Scott ; Associates, George W. Dobbin, Campbell W. Pinciney, Henry P. Garey and Robert Gilmor, jr. The judges of the Supreme Bench are assigned to the several courts of Baltimore'City as shown below. There are several terms of the Circuit Court held annually in each county. COURTS OP THE CITY OP BALTIMORE. The civil oourts'established for the city of Baltimore are : " The court of com- mon pleas,'' " The superior court ' and " The Baltimore city court." Each of said courts consists of one judge. They have, in general, concurrent jurisdic- tion in common law cases. There is also a criminal court, styled " The crim- inal court of Baltimore." The judges assigned to these courts are : Superior Court : Judge Dobbin, with Judge Garey to assist. Common Pleas : Judge Garey, with Judge Dobbin to ajjsist. City Court : Judge Scott, with Judge Pinckney to assist. Circuit Court : Judge P.'nokney, with Judge Scott to assist. Criminal Court : Judge Gilmor, \vith Judge Dobbin to assist. Tersms. — The superior court, court of common pleas, city and criminal courts comnxence their terms second Monday in January, May and September, with the second Monday in every month, except August, as rule day in the superior, common pleas and city courts. The circuit court commences its terms on the second Monday in January, March, May, September and Novem- ber, with second Monday in July as rule day. ORPHAN'S COURTS. These courts are held in each county. They have power to take probate of wills, grant letters, testamentary and of administralioii, direct the conduct and Battling the accounts of executors and administrators, superintend the distribu- tion of the estates of intestates, sscuro the rights of orphans and legatees, and to administer justice in all matters relative to tho affairs of deceased persons. They also liavo jurisdiction in regard to aocoants, claims and demands between wards and guardians. They have a seal for their eeyeral courts JUSTICES OP THE, PEACE. The civil jurisdiction of juaticos of tho peace extends to aU casts for the en- forcemfut of contracts, and to obtain redress for wrong?, when the debt or damages claimed, shall not exceed $100, but they have no jiirisdiotion in actions where tho title to l.mds is involved, nor in actions for slander, for breach of promise to marry, or to enforce a lien for work or materials furnished. When tho amount claimed or tho thing in ^c:ion, exceeds tho sum or value of $50, the circuit courts have concurrent jurisdiction. LA^VS OF MASSACHUSETTS RELATING TO CIVIL ACTIOMS, DEEDS. WILLS, &c., PEEPAEBD EXPBESSLY FOR THIS WOKB: BY HENRY R. BRIGHAM, Esq., of the Boston Bar. Keviscd Statutes, Practice.— The last revision of the " General Statutes of Massachusetts" took effect from and after May 31, 1860. Praetiee in civil Buita is under the common law, and is regulated by statute. Actions. — Civil actions, except those founded on scire facias, or other special writs, are commenced by original writs, which muat be signed, sealed and bear test as required by the constitution. The original writ may he, either to attach the goods or estate of the defendant, and for want thereof, to take his . body ; or, it may be an or'ginal summons, with or without an order to attach the goods or estate. When goods or estate are attached, on either of said writs, a separate summons is served on defendant after the attachment, and such ser- vice is a sufficient service of the original summons. 1^'i.istee Process. — All personal actions, except replevio, may be commenced by trustee process, and any person or corporation may be summoned as trustee, the writ to be signed, bear test, &o., like other writs in civil cases, and additional trustees may be inserted in writ at any time : writ may be served on trustee several times, but if service is made on trustee after service on defendant, writ to be again served on defendant. Serrice on trustee attaches defendant's property in his hands. Civil actions in general, except those concerning land, if one of the parties lives in the State, must be brought in the county where some one of them lives, or has his usual place of business. If neither party lives in the State, the action may be brought in any county, jurisdiction being ob- tained by attachment. In trustee process the action must be brought in the county where the trustee lives or has his usual place of business ; if trustees do not ail live in the same county, action to be brought in the county where some one of them lives, or has a usual place of business. /S'er«)8c«.— Original writs issuing from the Supreme Judicial Court or Superior Court must be served fourteen days at least before the term, at which they are returnable, and must be made returnable at the court next to be held after the expiration of fourteen days from the date of the writ. Original writs issued by a municipal court, a police court, or justice of the peace, must be served not less than seven and not more than sixty days before the day on which they are returnable. "Writ* against a county, city, town, precinct, parish, religious society, or school dis- trict, or against proprietors of common and undivided lands, or general fields, or wharves lying in common, must be served thirty days at least before the ra- il 162 LAWS or MASSACHUSETTS. turn day. Indwser. — Writs and other proceedings in law, and in equity, in which the plaintiff is not an inhabitant of the State, must, before eintry thereof, be indorsed by some sufficient person, who is such inhabitant, and the indorser is liable to pay all costs awarded against the plaintiff. Arrests, on Mesne Process and Execution.— The defendant in mesne process, in an action of contract, may be arrested, if the plaintiff or some one in his behalf, makes affidavit and satisfactorily proves before a mag- istrate : 1. That he has a good cause of action, and reasonable expectation of recovering a sum amounting to twenty dollars, exclusive of all costs which have accrued in any former action ; 2. That he believes, and has reason to believe, the defendant has property not exempt from being taken on execution, which he does not intend to apply to the paym.ent of the plaintiff's claim, and ; 3. That he believes, and has reason to believe, that the defendant intends to leave the State, so that execution, if obtained, cannot be served upon him ; or instead of the second and third, that the defendant is an attorney-at-law, and the debt is for money collected by him for the plaintiff, which he unreasonably neglects to pay. To authorize an arrest in an action of tort, affidavit must be made by or on behaif of the plaintiff", that he has a good cause of action, and a reasonable expectation of recovering a sum equal at least to one third the dam- ages claimed in the writ, and that the defendant is likely to remove beyond the jurisdiction of the court, so that execution could not be served upon him ; and such affidavit, with a certilicate of the magistrate that he is satisiied the same is true, must be annexed to the writ. No person shall be arrested on mesne process in a civil action for slander or libel. A judgment debtor may be arrested on an execution amounting to twenty dollars or more, exclusive of all costs, upon lilie affidavit of the judgment creditor, or in his behalf, that he believes, and has good reason to believe, that the debtor has property not exempt from being taken on execution, which he doss not intend to apply to the payment of the plaintiff's claim ; or that since the debt was contracted the debtor has fraudulently disposed of some part of his estate, with design to secure the same to his own use, or to defraud his creditors ; or that since the debt was contracted, the debtor has lost one hundred dollars, or more, in gambl'ng ; or that since the debt was contracted, the debtor has wilfully ex- pended or misused his goods or estate, for the purpose of enabliag bim to take the poor debtor's oath ; or that the debtor, in an action of contract, contracted the debt with the intent not to pay the same ; or that the debtor is an attorney- at-law, and the debt is for money collected by the debtor for the creditor, and that the attorney unreasonably neglects to pay the same. No affidavit is required to authorize arrest upon an execution issued for costs only. No woman can be arrested on any civil process except for tort. No arrest can be made after sun- set, unless specially authorized by the magistrate making the certificate. The defendant when arrested on mesne process, may procure bail, and when ai* rested on such process in an action of contract, or on execution, he may recog* nize for his appearance to take the oath for the relief of poor debtors, or that he does not intend to leave the State. If the defendant or debtor, on examina- tion, satisfies the magistrate of the truth of the oath to be taken, the migistrate discharges him, and makes a certificate in accordance with the facts. LAWS or MASSACHUSETTS. 163 Attaclinients. -All real-estate, goods and chattels liatle to Toe taken on ■execution, may be attached upon the original 'writ, and held as security to sat- isfy such judgment as the plaintiff may recover; except that no attachment of lands or tenements can he made on a writ returnable before a justice of the ■peace, or municipal, or police court, unless the debt or damage demanded ex- ceed twenty dollars. Perishable property attached may be sold and the pro- ceeds held subject to the attachment. Attachments may be dissolTed at any time before final judgment, by defendant's giving bond with sureties, coudi- itioned to pay to the plaintiff the amount, if any he may recover, within thirty days after final judgment. An attachment may also be dissolved by giving a bond to pay, in like manner, the value of the property attached. Claims ag^ainst Estates of persons deceased.— Every ex- ecutor and administrator, within three months after giving bond for the dis- charge of his trust, must cause notice of his appointment to be posted in two or more public places in the city or town in which the deceased last dwelt ; or he may be required by the probate court to give notice by publishing in some newspiper, or in such other manner as the court, taking into consideration the business of the deceased and the circumstances of his estate, may direct. No executor or administrator, after having given such notice of his appointment can be held to answer to the suit of any creditor of the deceased, unless it is commenced within two years from the time of his giving bond as aforesaid, ex- cept when assets come to the hands of an executor or administrator after the expiration of two years he shall account for and apply the same in the like manner £is if they ha3 been received within that time, and is liable to an action at law, or to any suit or process in the probate court, on account of such new assets by or for the benefit of any creditor, in like manner as if the assets had been received within the two years, provided such action or proceeding is com- mence.d within one year after the creditor has notice of the receipt of such new assets, and not more than two years after the same is actually received. A creditor of the deceased whose right of action does not accrue within two years after the giving of the administration bond, may present his claim to the pro- bate court at any time before the estate is fully administered ; and if on exam- ination thereof, it appears to the court that the same is justly due from the estate, the court orders the executor or administrator to retain in his hands sufficient to satisfy the same. But if a person interested in the estate, offers to give bond to the alleged creditor with sufficient surety or sureties for the pay- ment of the demand in c:ise the same is proved to be due, the court may order such bond to be taken, instead of requiring assets to be retained as aforesaid. Whenever any one has a claim against the estate of a deceased person, which has not been prosecuted within the time limited by law, he may apply to the supreme judicial court, by bill in equity satting forth %11 the facts ; and if the court is of opinion that justice and equity require it, and that the claimant is not chargeable with culpable neglect in not bringing his suit within the time limited by law, it may give bJTn judgment for the amount of his claim against the estate of the deceased person ; bat such judgment does not affect any pay- .ments or distributions made before the commencement of such bill in equity. tfo executor or administrator can be held to answer to the salt of a creditor of 164 LAWS or MASSACHUSETTS. the deceased, if commenced within one year after his giving hond as aforesaid^ unless it is for the recovery of a demand that would not he affected hy the in- solvency of the estate, or unless it is brought after the estate has been repre- sented insolvent, for the purpose of ascertaining a contested claim. When it -appears to the probate court from the representation of an executor or admin- istrator, that the estate of the deceased will probably he insufficient for the payment of his debts, the court appoints two or more fit persons to be commis- sioners to receive and examine all claims of creditors against the estate. Six months after the appointment of the commissioners is allowed for the creditors to present and prove their claims ; and the court may allow such further time for this purpose, not exceeding eighteen months from the date of the commis- sion, as it may deem necessary ; and at the expiration of the time allowed for the proof of debts, the commissioners make their return to the probate court. Deeds, Mortgages, Acknowledgment, Kecording.— Con- veyances of land or of any estate or interest therein are made by deed, executed by the person or persons having authority to convey the same, acknowledged by the grantors or one of them, and recorded in the registry of deeds for the county or district where the lands lie. The seal for a conveyance should be an impression on wax or wafer. A seal of a court, public of&cer, or corporation, when required by law, may be upon the paper alone. No subscribing witness to the execution of a deed is essential to its validity, but it is customary to have at least one witness. A separate examination of a married woman is not necessary. The certificate may be annexed or indorsed. The statutes do not authorize proof by subscribing witness, except before a court within the State, or a commissioner out of the State, when the grantor is dead, or has left the State. Mortgage deeds usually contain a power of sale, following the recital of the conditions of the deed in form as follows : '' But upon any default in the performance of the foregoing condition the said grantee, or his executors, ad- ministrators, or assigns, may sell the granted premises, with, all improvements that may be thereon, by public auction, in said (here insert name of city or town where the land lies) first publishing a notice of the time and place of sale once each week for three successive weeks in one or more newspapers published in said county, and convey the same by proper deed or deeds to the pur- chaser or purchasers, absolutely and in fee simple ; and such sale shall forever bar the grantor and all persons claiming under him from all right and interest in the granted premises, whether at law or in equity. And out of the money arising from such sale the said grantee or his representatives shall be entitled to retain all sums then secured by this deed, whether then or thereafter payable, including aU costs, charges, and expenses incurred or sustained by reaion of any failure or default on the part of the said grantor or his representatives to per- form and fulfil the condition of this deed, or any covenant or agreement herein contained, rendering the surplus, if any, together with an account of all such costs, charges, and expenses, to the said grantor or his heirs or assigns." Acknowledgments may be made without the State, before any justice of the peace, magistrate, or notary public, or commissioner, appointed for that purpose by ths governor of this State, and in any foreign country, before such com- missioner, or a minister or consul of the United States. LAWS OF MASSACHUSETTS. 165 Depositions of witnesses without the State, may he' taken under a com- mission issued to one or more competent persona in any other State or country, hy the court in whioh the cause is pending ; or hefore a commissioner appointed hy the governor for that purpose in any part of the United States, or in any foreign country ; and in either case the deposition may be used in the same manner and subject to the same conditions and objections as if it had be3u taken in this State. Every deposition taken under a commisBion must be upon written interrogatories, to be exhibited to the adverse party or his attorney, and cross-interrogatories to be filed by him if he thinks fit. Execution, and Stay of.— No execution can be issued till after twenty-four hours from the entry of judgment. An original execution must be issued within one year after the party is entitled to sue out the same. An alias may be issued within five years after the return day of that whiph pre- ceded it. Except as above or by special order there is no stay of execution'. Exemptions and Homestead liaiv. -All chattels, real or per- sonal, and all other goods which by the common law are liable to be taken on execution, may be taken and sold thereon ; except the following articles, which -are exempt : 1. The necessary wearing apparel of the debtor and of his wife and children ; one bedstead, bed, and the necessary bedii.'ng for every two per- sons of the family ; one iron stove used for warming the dwelling-house, and fuel not exceeding the value of $20, procured and designed for the use of the family; one sewing-machine of a value not exceeding $100, in actual use by each debtor or the family of the debtor. 3. Other household furniture neces- sary for him and his family, not exceeding $100 in value. 3. The Bible, school- books, and library, used by him and his family, not exceeding $50 in value. 4. One cow, six sheep, one swin*, and two tons of hay. 5. The tools, imple- ments, and fixtures necessary for carrying on his trade or business, not exceed- ing $100 in value. 6. Materials and stock designed and procured by him, and necessary'for carrying on his trade or business, and intended to be used or wrought therein, not exceeding $100 in value ; shares in co-operative associa- tions not exceeding in the aggregate, the par value of S30. 7. Provisions neces- sary, and procured and intended for the use of the family, not exceeding $50 in value. 8. One pew occupied by him cr his family in a house of public wor- ship, provided that nothing herein contained shall prevent the sale of any pew for the non-payment of any tax legally laid thereon. 9. The boat, fishing tackle, and nets of fishermen actually used by them in the prosecution of their busi- ness, to the value of $100. 10 The uniform of an officer or soldier in the militia, and the arms and accoutrements required by law to be kept by him. 11. Eights of burial and tombs while in use as repositories for the dead. Homestead Law. Every housoholder having a family is entitled to an estate of homestead, to the extent in value of $800, in the farm or lot of land and buildings thereon owned or rightly possessed by lease or otherwise, and oecupied by him as a residence, and such homestead and all right and title therein is exempt from attachment, levy on execution, &o.; but in order to constitute such estate of homestead, and to entitle propert^y to such exemption, it must be .'set forth in the deed of con- s"eyanoe by which the property is acquire 1, that it is designei to be held as a 166 LAWS OF MASSACHUSETTS. liomeateaii ; or after the title has been, acquired, such design may be declared by writing duly signed, sealed, acknowledged, and recorded in the registry of deeds for the county or 'district where the property is situated. Such estate and rights of homestead do not defeat or otherwise affect any mortgage, or other incumbrance, or lien, previously existing by virtue of any deed, attach- ment, policy of insurance, or otherwise; and such homestead estate is not exempt from levy for taxes, or for a debt contracted for "the purchase thereof, or contracted before the deed or writing is recorded. And buildings on land not owned by the householder are not exempt from sale or levy for the ground rent of the lot of lind whereon they stand. The estate or right of homestead of any householder, existing at his death, continues for the benefit of his widow and minor children, and maybe held and enjoyed by them, if some one of them occupies the premises, until the youngest child is twenty-one years ol age, and until the marriage or death of the widow, and no longer. Interest.- Six per cent, is the legal rate of interest when there is no agree- ment for a diflferent rate. Any rate of interest may be reserved or con- tracted for, but no greater rate than six per cent, is recoverable unless the agreement to pay it is in writing. Judgment. — Judgment isissuedas of the last day of the term in which it is rendered, unless there is an express order of the court for the entry thereof on some other day. Judgment upon default may be entered up at any time after four days from the day of default. Judgment does not constitute a Ken upon either real or personal property of the defendant. An attachment on mesne process continues in force thirty days after judgment for plaintiff. Liien of Mechanics, &C. — Any person furnishing labor or materials for the erection, alteration, or repair of any building, by agreement with or consent of the owner, has a lien upon such building or structure, and upon the interest of the owner in the lot of land upon which the same is situated, to se- cure the payment of the debt so due to him, and the costs which may arise in enforcing such lien. A lien for materials will not attach unless the person fur- nishing the same before so doing gives notice to the owner of the property to be affecied by the lien, if such owner is not the purchaser, that he intends to claim such lien. A person desiring to avail himself of the lien must, within thirty days after he ceases to labor on, or furnifh labor or material for, such build- ing or structure, file in the office of the clerk of the city or town in which the same is situated, a statement of a just and true account of the amount due him, with all just credits given, together with a c'escription of the property in- tended to be covered by the lien, with the name of the owner of the property, which certificate must be subscribed and sworn to by the person claiming the lien, or by some one in his behalf, and recorded by the clerk of such city or town. A suit for enforcing the lien must be commenced within ninety days after the person desiring to avail himself of the lien ceases to labor or furnish materials. Liens on Ships or Vessels.— 'When by virtue of a contract, express or implied, with the owners of a ship or vessel, or with the agents, contractors, or sub-contractors, of such owners, or any of them, or with any person having been employed to construct, repair, or launch such thip or vessel, or to assist lAWS OF MASSACHUSETTS. 167 them, money is due to any peraon for labor performed, materials used, or labor and materials furnished, in the construction, launching, or repairs of, or for constructing the launching ways for, or for provisions, stores, or other articles, furnished for or on account of, such ship or vessel, in this State, such person has a lien upon the ship or vessel, her tackle, apparel, and furniture, to secure the payment of such debt ; "which Uens are preferred to all others thereon except mariners wages. The person claiming such lien, must file -within four days from the time the ship or vessel departs from the port at which she was when the debt was contracted, in the office of the clerk of the city or town within which the ship or vessel was at the time the debt was contracted, a statement, subscribed and sworn to by himself or some person in his behalf, giving a just and true account of the demand claimed to be due to him, the name of the person with whom the contract was made, the name of the owner of the ship or vessel, if known, the name of the ship or vessel, or a description thereof sufficient for identification. Such lien may be enforced, by petition to the superior court for the county where the vessel was at the time the debt was contracted, or in which she is at the time of instituting proceedings. The petition may be entered in court or filed in the clerk's office in vacation, or may be inserted in a writ of original summons, with an order of attachment, and served, returned, and entered as other civil actions. Attoriieys' Lien. — An attorney lawfully possessed of an execution, or who has prosecuted a suit to final judgment iu favor of his client, has a lien thereon for the amount of his fees and disbursements in the case, but this does not prevent the payment of the execution or judgment to the judgment creditor, without notice of the Hen. JLimitation of Actions. — Actions for the recovery of land, or to make an entry thereon, must be commenced within twenty years after the right of action or of entry first accrues. The foUovring actions must be commenced within six years next after the cause of action accrues : 1. Actions of con- tract founded upon any contract or liability not under seal, express or implied, except such as are brought upon a judgment or decree of some court of record of the United States, or of this, or some other of the United States. 2. Actions for arrears of rent, except upon leases under seal. 3. Actions of replevin, and all other actions for taking, detaining, or injuring goods or chattels, i. All actions of tort ; except actions for assault and battery and for false imprison- ment, and actions against executors, admnistrators, guardians, trustees, sheriffs, deputy sheriff-, constables and assigneesin insolvency, for the taking or conversion of personal property, must be commenced within two years ; and actions against sheriffs for misconduct or negligence of their deputies must be commenced with- in four years. Action upon a promissory note signed, in the presence of an attest- ing witness, if the action is brought by the original payee or his executor or administrator, may be commenced within twenty years. Personal actions on contracts not limited by the fdregoing provisions, may be brought within twenty years after the cause of action accrues. Married "Women. — The property both real and personal which any married woman now owns as her sole and separate property; that which comes to her by descent, device, bequest, gift, or grant; that which she acquires by her 168 LAWS OF MASSACHUSETTS. trade, business, labor or serrioes, carried on or performed on her sole and sepa-' rate aocovint, or received by her for releasing her dower by a deed executed subsequently to a conveyance of the estate of her husband; that which a woman married in this State owns at the time of her marriage, and the rents, issues, profits, and proceeds of all such property, shall, notwithstanding her marriage, be and remain her sole and separate property, and may be used, collected and invested by her in her own name, and shall not be subject to the interference or control of her husband, or liable for his debts. She may bargain, sell and con- vey her separate real and personal property, enter into any contracts in refer- ence -to the same, carry on any trade or business, and perform any labor or services on her sole and separate account, and sue and be sued in all matters having relation to her separate property, business, trade, services, labor and earnings in the same manner as if she were sole. But no conveyance by her of shares in a corporation or of any real property, except a lease for a term not-ex- ceeding one year, and a release of dower executed subsequently to a conveyance of the estate of her husband, shall be valid, without the assent of her husband in writing, or his joining with her in the conveyance, or the consent of one of the judges of the supreme judicial court, superior court, or the probate court, granted on her petition in any county on account of the sickness, insanity, or absence from the State of her husband, or other good cause ; and the husband, if within the State, shall have such notice of the petition as the judge may order. The contracts made by a married woman in respect to her separate property, trade, business, labor or services, shall not be binding on her husband, nor ren- der him or his property liable therefor ; but she and her separate property shall hs liable for such contracts in the same manner as if she were sole. A married woman, doing business on her separate account, must file a certifioate in the clerk's office in the city or town where she does business, setting forth the name of her husband, the nature of her business, and the place where it is to be done, otherwise her property will be liable for her husband's debts. The husband may file such certificate, and if no such certificate is filed by either, the hus- band is liable upon all contracts made in such business in the same manner as if 'made by himself. A married woman may sue and be sued in actions of tort in the same manner as if she were sole, her property alone beiug liable for any judgment recovered against her ; and all siims recovered by her are her sole and separate property. Notes, Bills a»iitl Protest.— Bills of exchange, drafts, promissory notes and contracts, due and payable, or to be executed on Sunday or Thanlcsgiving, Fast, Christmas day, or any Fast or Thanksgiving days, appointed or recom- mended by the G-overnor of this State, or by the President of the United States, the twenty-second day of February, the fourth day of July, or on the following- day when either of the two days last mentioned occurs on Sunday, are payable or performable upon the business day next preceding said days ; and in case of non-payment or non-fulfilment may be noted and protested upon such preced- ing day ; but the holder of such obligations need not give notice of the dishonor non-payment, or non-fulfilment ther.of, until the business day next following the days above specified. Upon a promissory note payable on demand, a de- mand made at the expiration of sixty days from the dale thereof, without grace> LAWS OF MASSACHUSETTS. 169 ■or at any time within tliat time is deemed to be made within a reasonable time ; and any act, uegflect or other thing, which by the rules of law and the custom of merchants is deemed eq^uivalent to a presentment and demand on a note pay- able at a fixed time, or which wonld dispense with such presentment and de- mand, if it occurs at or within said term of sixty days, is deemed a dishonor thereof, and authorizes the holder of such note to give notice of the dishonor to the endorser. No presentment of such note to the promisor and demand of pay- m.ent, can charge the indorser, unless made on or before the last day of said term of sixty days. In an action by aji indorsee against the promisor brought upon a promissory note payable on demand, any matter is deemed a legal defence-which would be a defence to a suit thereupon if brought by the promisee ; except, that no matter arising after notice of the indorsement or transfer of such note is given to the promisor can constitute a defence. On bills of exchange payable within this State at sight or at a future day certain, and on promissory nego- tiable notes, orders and drafts, payable within this State at a future day certain, in which there is not an express stipulation to the contrary, grace is allowed in like manner as it is allowed by the custom of merchants on foreign bills of exchange, payable at the expiration of a certain period after date or sight ; ex- cept that no grace is allowed upon any bill of exchange, note or draft, payable on demand. Taxes. — Taxes on real-estate are assessed in the city or town where the estate lies, to the person who is either the owner or in possession thereof on the first day of May. Mortgagors of real-estate are deemed the owners until the loortgagee takes possession, after which the mortgagee is deemed the owner. Taxes assessed on real-estate constitute a lien thereon for two years after they are committed to the col'ector; and may with all incidental costs and expenses be levied by sale thereof, if the tax is not paid within fourteen day s after a de- mand of payment made either upon the person taxed or upon any person occu- pying the estate ; but the collector may sell real-estate for taxes after two years, have elapsed unless the estate has been alienated in the mean time. The owner of real-estate sold for payment of taxes, or his heirs or assigns, may within two years from the day of sale, redeem the estate sold, by paying or tendering to the purchaser or his heirs or assigns, the sum paid by him, with ten per cent, interest and all necessary intervening charges. Mortgagee of record may re- deem, in like manner, at any time within two years after he has actual notice of the sale. "Wills. — Every person of full age and of sound mind may dispose of his real and personal estate, and of all his right and interest therein by his last will and testament in writing. The will must be signed by the testator, or by some person in his presence and by his express direction, and attested and subscribed in his pi'esence by three or more competent witnesses. A will made out of this State, which might be proved and allowed according to the laws of the State or country in which it was made, may be proved, allowed and recorded in this State, and thereupon it will have the same effect as if it had been executed according to the laws of this commonwealth. A married woman may make a will of her real and separate personal property, in the same manner as if she were sole, but such will shall not operate to deprive her husband of more than one-half of her 170 LAWS OF MASSACHUSETTS. personal property, or destroy or impair Ms rights as tenant by the courtesy^ ■without his consent in writing. A soldier in actual military Eerrice, or a mariner at sea, may dispose of his wages and other personal estate by a nuncu- pative will. "Witnesses. —No person of sufficient understanding is excluded from giv- ing evidence as a witness in any civil proceedings, in court, or before a person having authority to receive evidence, except that neither husband nor wife is allowed to testify as to private conversation with each other. The conviction of a witness of any crime may be shown, to affect his credibility. A party to a cause, who calls the adverse party as a witness, is allowed the same liberty in the examination of such witness, as is usually allowed upon oross-examina-' tion. Certificates of Ackno^'ledg'tnent, &.C., of Deeds. 1. Within the State. Commonwealth of Massachusetts, ) -^g County of ) Then* personally appeared the above [or within] named A. B. and acknowl- edged the foregoing instrument to be his free act and deed, before me, [Signature and title.] 3. By Attoknbt in Fact. [As in form 1 to the *] A. B. above mentioned to be the attorney of C. D. above named, personally appeared and acknowledged the above instrument to be the free act and deed of the said 0. D., and that in subscribing the name and affixing the seal of the said C. D. to the above instrument, he, the said A. B., aoted freely, and without any manner of duress. Before me, [Signature and title.] 3. By Corporation. May be like the form given for Maine. 4. In other States. State op County of ;jss-. I, A. B , a commissioner of the Commonwealth of Maasachusett?, residing at. , in the county of , and State of , do certify,* that on the day of , in the year , the above named, [name of person] per- sonally appeared before me at , in the County and State aforesaid, and acknowledged the foregoing instrument, by him signed, to be his free act and deed. In witness whereof, I have hereto set my hand and affixed my official seal, at , in the County of , and State of this day of in the year 'A. B. Commissioner for the Commonwealth of Massrchusetts. [Seal.] laws op massachusetts. 171 5. Pboof op Deed wheeb Gbantor refuses to Acknowledge Same. [As in form 4 to the *] that [A. B.] the grantee in the foregoing deed, ap- plied to me at , on .the day of in the year , to issue a Bummons to [C. D.] the grantor, to appear at a certain time and place therein named, to hear the testimony of the subsoribing witnesses to said deed, he the said grantor refusing to acknowledge said deed, and thereupon said summons was issued by me, on the day of , in the year, and was served upon said grantor, with a, copy of the deed annexed, seven days before the time therein assigned for proving said deed, and thereupon at said , on the day of in the year , at the time of said hearing, [or at an adjournment thereof, as the case may be,] it was satisfactorily proved to me by the testimony of , of , one of the subscribing witnesses to said deed, that said deed was duly executed ; and the said [0. D.] the grantor, was [or was not, as the case may be,] present at said hearing. In witness, etc. Instructions and Forms for Taking Depositions. The certificate given below will show in what manner the commission is to be executed. The caption may be similar to that given for Indiana. The commissioner, in making his return, should write upon the envelope the names of the parties to the suit, and the title of the court. certificate. State of > Pursuant to the foregoing commission I caused the faid , to come before me, on the day of A.D. 18 , and having sworn the said to testify the truth, the whole truth, and nothing but the truth re- lating to the cause for which the deposition is taken, I examined the said and reduced his testimony to writing. Neither of said parties was present by himself, or by an agent or an attorney, nor did either of them com- municate in any manner with the deponent whilst giving his deposition ; and I took said deposition separate and apart from all other persons, no person being present except myself. And in taking the deposition I put the interrogatories and cross interrogatories to the deponent as directed in the foregoing commission, and in all respects fully and exactly complied with the directions in said com- mission in taking the same. And after the said deposition was taken, I care- fully read the same to the said and he subscribed it in my presence. [Signature and seal,} COURTS OF MASSACHUSETTS. SUPKEME JUDICIAL COUET. This court has original and exclusive jurisdiction of petitions for divorce and nullity of marriage ; tod original and cjncurrent jurisdiction with the superior court of petitions for partition and ■writs of entry, for foreclosure of mort- gages, and of civil actions in -which the damages or property claimed exceed in amount or value four thousand dollars in Suffolk County, and one thousand dollars in the other counties ; and the plaintiff, or some one in his behalf, must make oath before service of the vrrit that he believes the matter sought to be recovered, actually equals in amount or value those sums respectively. All trials of indictments for capital crimes are before the full court ; but a single justice on a plea of guilty upon such indictments may award sentence. Ques- tions of law arising in this and in the superior court, are heard and determined by the full court. Tbe court has gen3ral superintendence of all the courts of inferior jurisJiotion. Exclusive equity jurisdiction is conferred upon this court. Ghief Jtistice : Reuben A. Chapman, of Monson. Associate Justices : Horace Gray, jr., of Boston ; John Wells, of Chicopee ; James D. Colt, of Pittsfield ; Seth Ames, of Boston ; Marcus Morton, of Andover. Keporter : Albert G. Browne, of Boston. Clerk for Suffolk and for Commoniceallh: George C. Wilde, of Boston. Assistant Clerk for County of Suffolk : George W. Nichols, of Bos- ton. Attorney General: Charles E. Train, of Boston. At least one jury term is held for each county annually. A law term of the Court for the Commonwealth is held at Boston on the first Wednesday of January of each year, which may be adjourned from time to time, at which are entered and determined questions of law arising in the coun- ties of Barnstable, Dukes, Middlese.^, Nantucket, Norfolk and Suffolk; and also questions of law arising in other counties where special provisions are not made therefor. Law terms are held also for other counties. SUPERIOR COURT. This court has exchisive original jurisdiction of complaints for flowing land, and original jurisdiction of all civil actions except those of which other courts have original and exclusive juris liction. It has origiaal and concurrent juris- diction with the supreme jndicial court, of petitions for partition, of writs of entry for foreclosure of mortgages, and of all civil actions except in the county of Sufliolk, in which the sum demanded in damages exceeds one thousand dol- COURTS OF MASSACHUSETTS. ITS lars; and the like jurisdiction in the cotinty of Suffolk, where the sum de- manded exceeds four thousand dollars ; and original and concurrent jurisdiction ■with municipal and police courts and justices of the peace, where the property or damages demanded exceeds twenty dollars. It also has jurisdiction of all civil actions brought heforo it by appeal or other- wise from justice of the peace, police and municipal courts. It has original juris- diction of all crimes, and appellate jurisdiction of all offences tried before police courts and justices of the peace. No action can be commenced iu this court wherein the damages demanded do not exceed twenty dollars. Chief Justice : Lincoln F. Brigham, of Salem. Associates Justices: Julius Eockwell, of Lenox ; Otis P. Lord, of Salem ; Ezra Wilkinson, of "Wrentham ; John P. Putnam, of Boston ; Charles Devens, Jr., of Worcester ; Henry A. Soudder, of Boston ; Francis H. Dewey, of Worcester ; Robert C. Pitman, of New Bedford ; John W. Bacon, of Natiok. Olerkfor Civil Business: Joseph A. WiUard. Clerhfor Criminal Business: Henry Homer. Two or more terms of this court are held in the several counties annually. PEOBATE COURTS. The probate court for each county has jurisdiction of the probate of wills, granting administration of the estates of persons who at the time of their decease were inhabitants of, or resident in, the county, and of persons who die witliout the State leaving estate to be administered within such county ; of the appointment of guardians to minors and others, and of all matters relating to the estates of such deceased persons and wards ; and of petitions for the adop- tion of children and the change of names. When a case is within the jurisdic- tion of the court in two or. more counties, the court which first takes cognizance thereof by the commencement of proceedings, retains exclusive jurisdiction. The supreme judicial court has appellate jurisdiction of all mat- • ters determinable in the probate courts, and is the supreme court of probate. MUNICIPAL AND POLICE COURTS. PoKoe courts have in general the powers and duties of justices of the peace . The several police courts and munic^al courts of the commonwealth, and the district courts of Northern, Central, and Southern Berkshire, have jurisdiction concurrently with the superior court in the counties in which said courts are situated, of all personal actions and proceedings in civil cases in which the amount demanded, or the value of the property claimed, does not exceed three hundred dollars. Writs may run into any county, for the purpose of attaching property. When a person is summoned as trustee who is liable to be chargad as such, and the defendant resides in this State, but in a county other than that in which the writ is returnable, the writ may run into any county, and be served on defendant fourteen days at least before its return day. Eash court is held as often as necessary for business, within the district for which it is established, and in accordance with rules established by each court for itself. Courts are established in the following cities and towns : Adams, (district court of Northern Berkshire). Justices: Joel Bacon; Cambridge, John S. Ladd; Charlestown, George W. Warren ; Chelsea, Hamlet Bates ; Chicopee, Edwin 174 COURTS OF MASSACnUSETTS. O. Carter ; Fall Eiyer, Ls-wis Lapham ; Fitotburg, Thornton K. Ware ; Grlouoester, James Davis ; Great Barrington, (district court of Southern Berk- shire,) James Bradford; Lawrence, William Stevens ; Haverhill, Henry Carter ; Lea, Isaac C. Ives ; Lowell, Nathan Crosby ; Lynn, James E.. Newhall ; Mil- ford, Charles A. Dewey, Jr. ; New Bedford, Alanson Borden ; Newburyport, WiUiam E. Currier ; Pittsfield, (district court for Central Berkshire), Henry S. Briggs; Salem, Joseph G. "Waters ; Springfield, James H. Morton ; Taunton, (municipal court), William H. Fox; Williamstown, John E. BuUdey; Wor- C3ster, (municipal court). Hartley Williams. MUNICIPAL COURT OF THE CITY OF BOSTON. Chief Jxisiice : Mellen Chamberlain. Associate Justices : Joseph M. Churchill, William E. Parmenter. Clerk, for civil business : William T. Connolly ; Clerk, for criminal business: John C. Leigliton. The court is held for criminal busi- ness daily. For civil business the court is held weekly, a term commencing every Saturday. This court has original concurrent jurisdiction with the municipal court of the Southern District of Boston, and the municipal court of the Dorchester District, both of which districts are portions of the City of Boston. MUNICIPAL COUET FOE THE SOUTHEBN DISTRICT OF BOSTON. Justice, Peter S. Wheelock. MUNICIPAL COUET OF THE DOEOHESTEE DISTEICT IN BOSTON. Juatice, Joseph E. Churchill. LAV^^S OF MICHIGAN RELATING TO CIVIL ACTIONS, DEEDS, WILLS, &c., EEVISED FOS THIS WORK BY MAYNAED & BALL, Esqs., of Makquette, Mich. Kevised Statutes, Practice. — The latest compilation of the laws of tMs State was made in 1857. A new compilation is to be completed and printed in 1872. Tile practice is, in general, under the common law. Actions — for the recovery of any debt, or for damages only, may be com- menced either by original writ, or by filing a declaration in the office of the clerk, and entering a rale in the clerk's minutes, requiring the defendant to plead within twenty days after service of a capy of the declaration and notice of such rule personally on the defendant. Real actions, except of ejectment, par- tition, waste, trespass on land, and for private nuisances, are abolished. Orig- inal writs in the circuit may be made returnable on the first Tuesday of any month, except a capias, which must be made returnable on the first day of the next succeeding term of court, or on any day in term. But no original writ can be made returnable more than three months from its date, unless more than that time intervenes before the next term of court, and in such case it must be made returnable on the first day of such term. They may be served on or be- fore the return day. In Justices' courts, writs of summons, attachment and re- plevin are made returnable not less than six nor more than twelve days from the date thereof, and must be served at least six days before the return day, except short summons where either party is a non-resident of the county, when they are made returnable not less than two nor more than four days from the date thereof, and served at least two days before the time of appearance. Arrests. — The defendant may be arrested in actions for fines, penalties, or forfeiture, or on promises to marry, or for moneys collected by a public officer, or for any misconduct or neglect in office, or in any professional employment. Also, upon affidavit showing that tljere is a debt or demand due to the plaintifiP from defendant, and that the defendant is about to remove any of his property out of the jurisdiction of the court, with intent to defraud his creditors ; or that he has property or rights in action which he fraudulently conceals or unjustly refuses to apply to the payment of any judgment of the plaintiff against him ; or that he has disposed, or is about to dispose of any of his property, with latent 176 LAWS OF MICHIGAK. to defraud his creditors; or that he fraudulently oontraotel the debt respecting which the suit is brought. AttadimcutS. — A creditor may proceed by attachment, upon affidavit being made by the plaintiff or his agpnt setting forth the amount of plaintiff's claim, and that the same is due upon contract express or implied, or upon judg- ment, and stating further, either, — 1. That the defendant has absconded, or is about to abscond from this state, or that he is concealed therein to the injury of his creditors; or, 3. That he has assigned, disposed of, or concealed, or is about to assign, dispose of, or conceal any of his property with intent to defraud his creditors ; or, 3. That he has remoTcd, or is about- to remove any of his property out of this state, with intent to defraud his creditors; or, 4. That he has fraudulently contracted the debt, or incurred the obligation respecting which the suit is brought ; or, 5. That he is not a resident of this state, and has not resided therein for three months immediately preceding the time of making such affidavit ; or, 6. That the defendant is a foreign corporation. Claims ag^ainst estates of persons deceased must be pre- sented withia the time allowed for that purpose by the Probate Court, which, in the iirst instance, is not less than six months nor more than eighteen months;, and may be extended by the Probate Court not to exceed two years in the whole. Deeds, Mortg'agcs, Aclsmowledgment, Recording. — AscroU- or device is a sufficient seal for a deed, except where official seals are provided. The seal of a court or public officer may be by impression on paper alone. To entitle a deed or other instrument to be recorded or read in evidence in this State it is necessary: 1. That it hs executed under seal and in the presence of two subscribing witnesses thereto. 3. That it be acknowledged by the party exe- cuting it, to be his free act and deed. 3. That the offiser taking the acknowl- edgment be satisfied as to the identity of the person, and certify to the same in his certificate of such acknowledgment. 4. If a married woman be a party to such instrument, that she personally acknowledge before the officer, separate and apart from her husband, that she executed the same freely and without fear or compulsion of any one ; which separate acknowledgment must be cer- tified by such officer ; (A married woman residing without the State need not be privately examined.) 5. That the certificate of a commissioner taking an acknowledgment ba endorsed on the instrument acknowledged, with his official seal aSixed thereto. If executed out of the State, they may also be executed according to the law of the place where executed, in which case to the deed or instrument must be attached the certificate of the clerk of some court of record of the county or district within which such acknowledgment is taken, certify- ing iu the usual manner, that the person whose name is subscribed to the certi- ficate of acknowledgment was, at the data thereof, such officer as he is therein represented to be, that he is acquainted with the signature of such officer and believes the same to be genuine, and that the deed or instrument is executed and acknowledged according to the laws of such State, Territory or district. If the grantor in any deed refuse, or for any cause fail to acknowledge his deed, which has been duly executed, thfe e.\ecution may be proved before a justice of- LAWS OF MICHIGAN. 177 the peace or court of record, on notice to the grantor, after which it may be recorded, with the certificate of such proof. A copy may be filed as notice pending proceedings to prove the deed. Conveyances of real-estate, within this State, not recorded, are void againat any subsequent purchaser in good faith for a valuable consideration, whose conveyance shall first be recorded. The term " conveyance" as here used embraces every instrument by which the title to real-estate may be aifected in law or equity, except wills, leases for a term not exceeding three years, and executory contracts for the sale or purchase of lands. Levies on lands under executions or attachments, are void as against subsequent bona fide purchasers, unless a notice of the levy be recorded in the office of the register of deeds. GJiMtel mortgages, not accompanied by an im- mediate delivery, and followed by an actual and continued change of possession of the things mortgaged, are void as against creditors of the mortgagor, and subsequent purchasers and mortgagees in good faith, unless the mortgage, or a copy of it, is filed in the office of the township clerk or city clerk where the mortgagor lives. Depositions. — ^When a witness whose testimony is required in any civil cause pending in the State lives more than thirty miles from the place of trial, or is about to go out of the State and not to return in time for the trial, or is sick, infirm or aged, so that he wOl probably be unable to attend the trial, his deposition may be taken upon notice to the opposite party of the time and place. Depositions of witnesses residing out of the State and in the United States or Canada may be taken in like manner, to be used in suits pending be- fore a justice of the peace. Depositions of persons residing out of the State to be used in actions pending in courts of record in the State, are taken under a commission issuing out of the court in which the cause is pending, directed to some competent person in the place where the witness resides. Interrogatories are annexed to the commission. Execution, and. Stay of. — Executions in courts of record may issue immediately upon recovery of judgment ; but in justices' courts, execution may be stayed by sscurity in writing, with one or more sufficient sureties, for the payment of the money with interest and costs, within from four to six months, depending upon the amount of the judgment. The entry, upon the docket of the justice, of the security, signed by the surety, has the effect of a judgment, and execution may issue thereon against the surety. Exemption, and Homestead Eaw.— A householder is entitled to hold, exempt from sale on execution, a homestead not exceeding $1,500 in value, which, in the country, may consist of not more than 40 acres of land, and the house thereon, and in the city or village, of a house and lot. If the home- stead is of greater value it may be sold, and the surplus be paid over to the judgment creditor. A married householder cannot sell or mortgage the home- stead without the consent of his wil^e. The following personal property is exempt : stoves, a pew, tomb, arms and accoutrements required by law ; wear- ing apparel, a sewing machine, library and school books, not exceeding |150 ; family pictures ; to each householder ten sheep, and the yarn or cloth from the 12 178 LAWS OF MICHIGAN. same ; two cows, five swine, provisiona and fuel for six months, and all house- hold goods, furniture and utensils not exceeding $250 ; the tools, implements, materials, stock, apparatus, team, vehicle, horses, harness, or other things to enable a person to carry on his business, not exceeding $350 in value ; a suf- ficient quantity of hay, grain, fesd, and roots for keeprug for six months the animals above named. Ssiterest. — The legal rate is seven per cent., but parties may agree in writ- ing for a larger rate, not to exceed ten per cent. The penalty for usury is a forfeiture of the excess ; but an action cannot be maintained to recover such excess when paid voluntarily. A bona fide purchaser of negotiable paper is not effected by its being usurious. Jndgmeut, and. Liicn of. — Judgments are not a lien, either upon real or personal property. liiCM of Mechanics, &c.— Every person furnishing material or labor for the construction of buildings or machinery, may have a Hen upon the same, a^d upon the interest of the owner, or lessee, of the lands upon which the same ' are situate, upon recording in the office of the register of deeds where the land is situate a certificate, verified by affidavit and containing a copy of the written contract, or, if not written, then a statement of the terms of the contract and the amount due and to come due thereon, and a description of the lands, to- gether with the credits the owner may be entitled to, and upon notice, to the owner, of such record. Mechanics and laborers who perform labor, or persons who furnish material, upon the construction or repair of such building or ma- chinery, for the original contractor or a sub-contractor, have also a lien for the labor and materials so furnished by them, not exceeding in the aggregate the price stipulated in the original contract, upon giving notice in writing, to the owner or lessee or his agent, of their intention to claim such lien. Miners and others employed by mining corporations in the Upper Peninsula, have a lien upon all the real and personal properly of such corporations, situated in the Upper Peninsula, for the amount due them for such labor; and every honafide holder of any draft or order for the payment of money due for any such labor has a similar lien for the amount due on such order or draft. SjilBiitatJom ©f Actions. — 1. RedJ, Actions. All actions for possession of land by ejectment, where the defendant claims title by deed from executor, administrator, or guardian, or sheriff, or other ministerial officer under order, judgment, decree or process of any court within the State, must be brought with- in five years. Where defendant claims under a deed made upon land sold for un- paid taxes, within ten years. In all other cases within fifteen years. 3. Personal Actions. Actions for trespass on land, assault and battery, false imprisonment, slander and libel within two years. Actions of debt founded upon contract or liability not under seal, except upon judgments ordecrees of some court of record of this State, or of some other of the United States ; for rent ; of assumpsit ; for waste; and of replevin, trover and trespass; for taking, detaining or injuring goods or chattels, within six years. Actions upon sealed [instruments and judgments of record abovo excepted, within ten years. Between persons hav- L\WS OF MICHIGAN. 179 ing mutual aooounts, the statute begina to run from the entry of the last item. Minors, persons insane or imprisoned in the State Prison, or absent from the United States and from the British Provinces of North America, may bring the action -within the times respectively limited as above stated, after the dis- ability shall be removed. If the person against whom any cause of action shall accrue, shall be absent from and reside out of the State, the time of such absence is not taken as part of the time limited for the commencement of such action. If any person entitled to bring any such action, or liable to any such action, shall die before the expiration of the time above limited, or within thirty days thereafter, an action may be commenced thereon by his personal representa- tives, or it may be proved against his estate, as the case may be, within two years after granting letters testamentary or of administration. ITSarried. Women. — The real and personal estate acquired by any female before marriage, and aU to which she may at any time after her marriage be ■entitled by gift, grant, inheritance, devise or in any other manner, continues the property of such female, and not liable for the debts of her husband ; and may be contracted for, sold, transferred, mortgaged, conveyed, devised, or be- queathed by her in the same manner and with like effect as if she were unmar- ried ; she may sue and be sued in relation to her sole property as if she were unmarried. She has the common law right of dower to her husband's lands. Under these statutes she may carry on business in her own name. She may deal directly with her husband as vrith any other person, and the common law disabilities of making contracts are removed. The husband is not liable for the contracts of his wife in relation to her sole property, nor does lie hold her lands or any part thereof after her death, as tenant by courtesy or otherwise. So far as such contracts relate to her sole property, it has been decided that becoming surety for her husband or any other person, is not such a contract, and that she cannot be held liable thereon. Wotes, Bills, and Protest. — The rules of the common law apply. Taxes. — Lands are taxed to the occupant ; if not occupied, then to the owner, if known. The taxes assessed on lands are a personal charge upon the person owning the same on the second Monday of May in the year for which they are assessed, and become a lien on the land on the first Monday of Decem- ber in the same year. Taxes are payable from December 1st of the year for which they are assessed, to February l,st of the year following. If not paid before the latter date they are returned as delinquent. From February 1st, interest is charged at the rate of 15 per cent, per annum ; and on all taxes remaining unpaid on the first day of June foUowing, interest is charged at the rate of 30 per cent, per annum, dating back to February 1st, If not paid before July 1st, the lands are alvertised for sale, and $1.00 for each description is added for expenses of sale. On the first Monday of October following, all lands on which taxes are unpaid, are sold by the county treasurer of the county, where the lands lie, to the person who will pay the tax, interest and charges for the least amount of the land, to be taken off the north side, if less than the •whole. Lands so sold may be redeemed on or before the 30th day of September, next after the sile, by paying to the county or State Treasurer the amount of 180 LAWS OF MICHIGAN. purchase money, ■witli interest at fifty per cent, per annum. Lands on wIucIl' there are no bids at the tax sale, are bid off for the State, for the amount of tax,, interest and coats, and if not sooner redeemed, are offered at the next annual sale for the amount of State bid with interest at fifty per cent. If not then sold, they may be purchased at any time from the State at the last price, at which they were offered, with interest at 10 per cent, per annum. After the expiration of the time of redemption above mentioned, the purchaser is entitled to a deed from the Auditor General of the State, which deed is prima facie evi-- dence of the regularity of all the proceedings from the valuation of the lands to the date of the deed inclusive, and of title in the purchaser. "Wills.— Every person of full age and sound mind may dispose of his prop- erty by will. No will, except it be a nuncupative will, is effectual to pass any estate, whether real or personal, unless it be in writing and signed by the tes- tator or by some person in his presence, and by his express direction, and at- tested and subscribed in the presence of the testator by two or more competent witnesses. Nuncupative wills are valid to dispose of an estate not exceeding three hundred dollars, provided the same shall be proved by two competent witnesses ; and soldiers being in actual military service, and mariners on ship- board, may dispose of their wages and other personal estate by nuncupative wiU. Devisees and legatees are incompetent subscribing witnesses. Witnesses. — Parties may be sworn in their own behalf, except when a ■ suit is prosecuted or defended by the representative of a person deceased the opposite party cannot testify in his own behalf as to matters which were equally in the knowledge of the deceased ; and excepting also the right of husband and. wife to testify against each other ; but they may testify against each other by ■ consent of the party against whom such testimony is offered. Certificates of Acknonrledgment, &c., of Deeds. 1. Within the State. State ^ • County of , ) ^^' Be it remembered, that on this day of A.D. 18 , tefore me, ■a commissioner of deeds for the State of Michigan, appeared A. B. and C. B., his ■wife, known to me to be the persons -who executed the within instrument, and acknowledged that they had sa-verally executed the same for the uses and purposes therein mentioned; and the said C. B., on a private examination, sep- arately and apart from her husband, acknowledged to me that she executed the • within instrument freely, and without any fear or compulsion of any one. Witness my hand and official seal at iu the county of and state of this day of 18 . [Official seal.] [Signature and title.] 4. By a Coeporation. [As in 1 or 3 to end of title of officer,'] personally appeared A. B. known to me to be the president of the company, and C. D. known to me to be the secretary of said company, and they severally acknowledged the execution of the foregoing instrument to be the free act and deed of the said company. And I further certify, that I know the seal affixed to said instrument to be the corporate seal of the said company. Instructions and Forms for taking Depositions. The persons to whom such commission shall be directed, or any one of them, unless otherwise expressly directed therein, shall execate the same as follows : 1. They, or any of them, shall publicly administer an oath to the witnesses named in the commission, that the answers given by them to the interrogatories pro- posed to them, shall be the truth, the whole truth, and nothing but the truth. 3. They shall cause the examination of each witness to be reduced to writing, and to be subscribed by him, and certified by such of the commissioners as are present at the taking of the same. 3. 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 commissidners. (This ssction 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 produed on the trial, sep- arate from the commission. 4. The commissioners shall subscribe their names to each sheet of the depositions taken by them; they shall annex all the depo- sitions and exhibits to the commission, upon which their return shall be in- dorsed ; and they shall close them up under their seals, and shaU address the same, when so closed, to the clerk of the court from which the commission is- sued, as shall have been directed on the commission, at his place of residence 5. If there shall be a direction on the commission to return the same by maU, they shall immediately deposit the packet, so directed, in the nearest post office. 6. If there be direction on the commission to return the same by an 182 LAWS OF MICHIGAN. agent of tte party who sued out the same, the packet, so directed, shall be de- livered to such agent. The usual mode of administering oaths, now practised in this State, by the person who swears holding up the right hand, shall be ob- served in all cases in which an oath may be administered by law, except in the cases herein otherwise provided. When the court, magistrate, or other officer, before whom any person is to be sworn, shall be satisfied that such person hasi any particular mode of swearing, which is, in his opinion, more solemn or obli- gatory, than holding up the hand, such court or officer may adopt that mode of adminisfering the oath. Every person conscientiously opposed to taking an oath shall, when called on to take an oath, be permitted, instead of swearing, solemnly and sincerely to affirm, under the pains and penalties of perjury. No person shall be deemed incompetent as a witness in any court, matter or proceeding, on account of his opinions on the subject of religion ; nor shall any witness be questioned in relation to his opinions therein, either before or after he shall be sworn. The above instructions should be strictly pursued throughout. The- commission may be executed by any one of the commissioners without the others. Administer the oath in the following form, if not objected to by the witness : Tou do solemnly swear, in 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. Prepare a caption to the deposition, as follows, viz: Deposition of of in the State of aged years a witness, produced, sworn and examined on the day of A. D. 18 , at in the 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. 18 , and directed to us, {or me), or either of us, commissioners for the examina- tion 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 (o?- we) 'proceed to the examination as foUowB, viz. : of in the State of aged and upwards, a witness produced, sworn and examined on the part of the in said cause, deposeth as follows, viz : 1. To the first interrogatory, that he 8. To the second interrogatory this deponent saith Under this head, and in this manner, you will proceed with the examination of the witness on aU the interrogatories (and cross-interrog-atories, if any), taking down the an- swer to each. You will yourself ask such questions arising on the interroga- tories, as you deem necessary, in order to eUoit the whole truth. If there be one or more interrogatories to which the witness cannot depose, knowing noth- ing of the matters therein contained, let the answer be as follows :. LAWS OP MICHIGAN. 183 To the interrogatory, this deponent saith, that he knows nothing and can depose nothing to the matters therein contained. The witness must sub- scribe his name to the deposition when engrossed, and on the margin of each sheet the Commissioners will also write their names. At the bottom.of the de- position, after it is signed by the witness, commissioners will add their certifi- cate, in substance as follows : State of > i = ■ County of , J ' On the day of A. D. 18 , then in said County and State, personally appeared before us, aud after having taken the oath prescribed in the instructions annexed to the commission mentioned in the caption to the above deposition, which oath was administered by and taken by said witness, with uplifted hand, (or by whatever other mode), de- clared that the foregoing deposition by him subscribed, contains the truth, the whole truth, and nothing but the truth ; said witness residing without the State of Michigan, The deposition was reduced to writing by one of the oonuuissioners (or by a " disinterested person," in our presence, or "by the witness himself)." > Oommissioners. If any exhibits are offered and proved, add to the foregoing certificate as foUows, to wit : " The paper writing hereto attached and marked as Exhibit was produced and proved before us by the witness as by reference to his examination may appear." When you have gone through with the witness, and his deposition is en- grossed and subscribed by him, you will annex the interrogatories and deposi- tion to the commission, with tape, the tie of which you will seal, and write and subscribe on the back gf the commission the following return : " The execution of the commission appears in certain schedules hereunto an- nexed." { Commissioners. When the whole is completed and tacked together, as above directed, enclose it in a letter, or package, seal it and direct as follows, viz : To Esquire, Michigan Clerk of the Circuit Court, Michigan. The within deposition of to be read in a cause pending before the Circuit Court for the County was taken and sealed up by Commissioners. COURTS OF MICHIGAN. SUPEEME COtrRT. The supreme oovirt has a general superintending control over all inferior courts. It has power to issue writs of error, habeas corpus, and other original and remedial writs, and to hear and determine the same. In all other cases it has appellate jurisdiction only. Cliief Justice : Isaac P. Christiaucy, Monroe. Associate Justices : Benjaniin E. Graves, Battle Creek ; Thomas M. Cooley, Ann Arbor ; James V. Camp- bell, Detroit. Hepmier : Hovey K. Clarke, Detroit. The court holds two terms annually in Detroit, commencing on the first Tuesdays of April and October, and two annually in Lansing, commencing on the first Tuesdays in January and July. CrRCUIT COURTS. The circuit courts within and for their respective counties have original and exclusive jurisdiction of all civil actions and remedies of whatever name or description, except in cases where exclusive or concurrent jurisdiction is pos- sessed by some other court or tribunal, in virtue of some statutory provisions , or of the principles and usages of law, and has such appellate jurisdiction and powers as are provided by law. Said courts also have and exercise within and for their respective counties all the powers usually possessed and exercised by courts of record at the common law and in equity, subject to such modifications as are provided by the laws of the State. The State of Michigan is at present divided into eighteen judicial circuits, and the terms of said courts are fixed every two years by the circuit judges of their respective circuits. There are two or more terms of the court in each county annually. Judges, 1st circuit : Daniel L. Pratt, of Hillsdale ; 3. David Blaokman, of Cassopolis ; 3. Jared Patchiu, of Detroit ; 4. Samuel Higby, of Jackson ; 5. George Woodruff, of Marshall ; 6. James S. Dewey, of Pontiac ; 7. Josiah Turner, of Owosso ; 8. Louis S. Lovell, of Ionia ; 9. Charles R. Brown, of Kalamazoo ; 10. John Moore, of East Saginaw ; 11. Daniel Goodwin, of Detroit ; 13. James O'Grady, of Marqueth; 13. Jonathan G. Ramsdell, of Traverse City ; 14. A. H. Giddings, of Grand Haven ; 15. Charles Upson, of Coldwater ; 16. William T. Mitchell, of Port Huron; 17. Bimey Hoyt, of Grand Rapids ; 18. Sanford M. Green, of Bay City. LAWS OF MINNESOTA. 185 PROBATE COURTS. There is a judge of probate for each county, and the probate court has power to take the probate of wills and to grant administration of the estate of all per- sons deceased, who were at the time of their decease inhabitants of, or residents in, the county, and of all persons who shall die without the State leaving any estate within such county to be administered ; and to appoint guardians to minors, and to other persons incompetent to transact their own business. It ha? jurisdiction of all matters relating to the estate of such deceased persons, and of such minors and others under guardianship. JUSTICES' COURTS. There are four justices of the peace elected for each township. They have original jurisiiotion in all civil actions wherein the debt or damages do not exceed the sum of one hundred dollars, and concurrent jurisdiction with the circuit court in all civil actions upon contract, express or implied, wherein the debt or damages do not exceed three hundred dollars, except that they have no cognizance of actions for libel or slander, or malicious prosecution, or against executors or administrators, nor where the title of real-estate comes in question. LAWS OF MINNESOTA BBLATINO TO CIVIL ACTIONS, DEEDS, WILLS, &c., PBBPAEED FOE THIS WOEK BY THE EDITOR, -WITH THE AID OF SUMNER LADD, Esq., of St. Peter, and Messes. LOCHREN, McNAIR & GILEILLAN, OF Minneapolis, Minn. Revise«l Statutes, Code, Practice. -The last revision of the stat- utes was in 1866. The practice is under a code, similar to that of New York. Actions. — Eorms of actions, and the distinction between actions at law and suits in equity, are abolished. Actions must be prosecuted in the name of the real party in interest, with the same exceptions as in the New York code. Civil actions, in the district courts, are commenced by the service of a summons, requiring an answer to be served on the person subscribing the summons, at a place mentioned within the State, within twenty days from the service of the summons. A copy of the complaint must be served with the summons, unless the complaint has been filed, and if not served, and defendant appears within ten days, the plaintiff must serve on his attorney a copy of the complaint within five days thereafter, and defendant has at least ten days to answer after such service. In justices' courts the summons is made returnable not less than six nor more than twenty days from its date ; and must be served at least six days 186 LAWS or MINNESOTA. before the day of appearance. The pleadinga in juatices' courts may be oral or in "Writing. Arrests. — There is no provision for arrest in civil actions. AttaclinieiitS. - In an action for the recovery of money the plaintiff may have the property of the defendant attached as security for such judgment as he may recover. The writ shall be allowed when an affidavit is made that a cause of action exists against the defendant, specifying the amount of the claim and ground thereof ; that the debt was fraudulently contracted, or that the defen- dant is a foreigUN corporation or non-resident, or has departed from the State with intent to defraud or delay his creditors, or to avoid service of summons, or keeps himself concealed with like intent ; or that he has assigned, secreted, or disposed of his property, or is about to do so, with intent to delay or defraud his creditors. Bond is required from plaintiff, with sufficient sureties, and in a penalty of not less than $250, that he will pay the costs and damages of the defendant, by reason of the attachment, in case defendant recovers judgment in the action. Claims ag^ainst the estates of persons deceased must bo verified and presented to the judge of probate having jurisdiction, for adjudica- tion in all cases where the estate does not exceed $5,000. In all other casea claim must be presented to commissioners appointed by the probate court. Claims must be presented within the time fixed for that purpose by the probate court, which shall not in the first instance be less than six nor more than eighteen months, and may be extended not, to exceed two years in the whole from the time of appointing commissioners. Deeds, ]|Iortg'ag:es, Acknowledgment, Recording.— A scroll or device is a sufficient seal for a deed, except when an official seal is provided. Deeds, &c., must be executed in the presence of two witnesses, who must sub- scribe as such. Married women need not be privately examined. Certificates of acknowledgment may be indorsed on or appended to the deed. The statutes do not provide for proof by subscribing witnesses, except in a court of record in the State, when the grantor has died, or resides elsewhere, or refuses to acknow- ledge. A deed executed without the State and within the United States, may be executed according to the laws of the place of execution, with a certificate to that effect under the seal of a court of record. Deeds are to be recorded in the registry of deeds for the county where the lands lie. The Registrar must indorse the time ofreception, and the bookandpagewhere recorded, over his official signa- ture, which indorsement is made evidence. Deeds may be acknowledged out of the State, and within the United States, before a judge of the supreme or district court of the United States, or a judge of any court of record of any State, terri- tory or district ; the olerk of any of the courts above named ; a notary public ; justice of the peace ; or commissioner appointed for such purpose ; but such acknowledgment must be taken within the territory for which such officer shall have been elected or appointed, or to which the jurisdiction of the court to which he belongs shall extend. Unless the officer taking the acknowledg- ment, has a seal of office which is affixed to his certificate ; there shall also be LAWS or MINNESOTA. 187 attached or appended to, or indorsed upon such deed, a certificate of the clerk or other proper certifying officer of a court of record of the county, district or place -within which the acknowledgment is taken, under the seal of his office, that the person whose name is suhscribed to the certificate of acknowledgment, was, at the date thereof, such officer as he is therein represented to be, that he is acquainted with the handwriting of such person, and that he verily believes the signature suhscribed to the certificate of acknowledgment to be genuine. Property soil under foreclosure, may be redeemed within one year, by the mortgagor, his heirs, executors, administrators, or assigns, by paying to the purchaser the amount of his bid, with interest at seven per cent. OliaUel mort^ gages must be acknowledged and filed in the office of the clerk of the city or town where the mortgagor resides ; they are then valid for two years from the date of filing. DepttSitions.— In civil actions in courts of record, the deposition of a wit- ness without the State may be taken, upon interrogatories, under a commission issued to any competent person ; but the parties may, by stipulation, agree upon any other mode of taking depositions. In a civil action pending before a justice, tlie deposition of a witness residing out of the State, may be taken upon a commission awarded by the justice to one or more competent persons ; such testimony to be taken upon interrogatories, annexed to the commission, and to be executed and returned in the same manner, as if issued out of a court of record. Execution, and Stay of. — A judgment creditor may have execution to enforce the judgment of a court of record, at any time within ten years. Executions may also be issued out of the district court, upon judgments of a justice, where the amount is more than ten dollars exclusive of costs, and a certified transcript of the judgment has been filed in the office of the clerk' of the district court of the county, where the judgment was rendered ; but such execution shall not issue, until one has been issued by the justice and returned unsatisfied. Real-estate sold upon execution, may be redeemed by the judg- ment debtor within one year, by paying to the purchaser the amount of his bid, with interest at seveui per cent. Upon appeal from a judgment of the district court, execution is stayed by giving a sufficient bond, with at least two sureties. Appeals may he taken within ten days after judgment, from judg- ments of justices of the peace ; and executions cannot be issued within such ten days. Such appeal, with requisite bond, stays execution. Executions, upon justices' judgments, may be stayed one month, where the judgment does not exceed $10, exclusive of costs ; two months where not exceeding $25 ; three months, $50 ; four months, S7o ; and six months when over $75, upon a sufficient bond being given with sureties, for the payment of the judgment, with 13 per cent, interest ; the bail to justify in all cases ; execution to issue against debtor and sureties in case of default. Exemptions and Homestead I>aw.— The following property is exempt from execution. The family Bible, family pictures, school-books, or library, and musical instruments for use of family ; a seat or pew in any house or place of public worship ; a lot iu any burial ground ; all wearing apparel of 188 , LAWS or MINNESOTA. the debtor and his family, all beds, bedsteads and bedding, kept and used by the debtor and his family ; all stoves and appendages put up or kept for the use of the debtor and his family ; all cooking utensUs, and all other household furniture not here enumerated, not exceeding five hundred doEars in value ; three cows, ten swine, one yoke of oxen and a horse, or in lieu thereof a span of horses or mules ; twenty sheep and the wool from the same, either in the raw material or manufactured into yam or cloth ; the necessary food for all the stock mentioned for one year's support, either provided or growing, or both, as the debtor may choose ; one wagon, cart or dray, one sleigh, two ploughs, one drag, ,and other farming utensils, including tackle for teams, Tiot exceeding three hun- dred dollars in value ; the provisions for the debtor and his family for one year's support, either provided or growing, or both, and fuel necessary for one year ; the tools and instruments of any mechanic, miner, or other person, used and kept for the purpose of carrying on his trade, and, in addition thereto, stock in trade not exceeding four hundred dollars ; the library and implements of any professional man, all of which articles shall be chosen by the debtor, his agent, clerk or legal representive, as the case may be ; also one sewing machine ; and seed grain necessary for the actual personal use of the debtor for one season, to be selected by him, not exceeding 50 bushels of wheat, 50 of oats, 5 of potatoes and 1 of corn. The wages of a laboring man, (except single laborers on rail- roads,) a woman, or his or her minor children, due for services rendered during ninety days preceding, are exempt to the amount of $50. A homestead consist- ing of any quantity of land not excee ling eighty acres and the dwelling-house thereon, and its appurtenances, to be selected by the owner, and not included in any incorporated town, city, or village, or instead thereof, at the option of 'the owner, a quantity of land, not exceeding one lot, within any town, city or vil- lage, and the dwelling house thereon, and its appurtenances, owned and occu- pied by any resident of this State, shall also be exempt ; but such exemption does not extend to a mechanic's lien or to a mortgage lawfully obtained on the property. Interest. — The legal rate of interest is seven per cent. ; but parties may agree upon any rate not exceeding twelve per cent. If a higher rate is agreed upon than twelve per cent, the contract is good to the extent of twelve per cent, interest. Judgineut and Liicn of. — A judgment for the payment of money is a lien, from the time of docketing, on aU the real property of the debtor in the county, owned by him or acquired afterward, and such lien continues for ten years. liien of Mechanics, &C. — Persons perform'Ug manual labor upon logs or timber have a lien thereon for payment of the wages agreed upon, upon complying with certain conditions precedent, and filing claim. Persons per- forming labor or furnishing materials or machinery, for erecting, altering or repairing any building or vessel, by virtue of an agreement with the owner, have a lien on the same, and on the interest of the owner in the land on which such building is erected, not exceeding forty acres; or one acre within the lim- its of a city, town or village, , • lAWS OP MINNESOTA. 189' Limitation of Actions. — Actions to recover real property must be brought within twenty years ; upon a judgment of a court of the United States or of any State or Territory, and to foreclose a. mortgage, within ten years ; upon a contract or obligation, express or implied, (except a judgment, as above) • a liability created by statute, other than upon a penalty or forfeiture ; trespass upon real property ; for taking, detaining and injuring personal property ; for criminal conversation, or any other injury to the person or rights of another, not arising on obligation, and not hereinafter enumerated ; and for relief on the ground of fraud, within sis years ; against a sheriif, coroner or constable upon a liability for an act done or omitted when acting officially ; and upon a statute for a penalty or forfeiture, where the action is given to the party ag- grieved, or to such party and the State, within three years ; for libel, slander, assault, battery, false imprisonment, and upon a statute for a forfeiture or pen- alty to the State, within two years. married Women. — By act of March 5, 1869, taking effect June 1, 1869, all property, real or personal, owned by a married woman at the time of her marriage, shall continue to be her separate property ; and she may during coverture receive, use and enjoy property of any description, and the profits thereof, and the avails of her contracts and industry, free from the control of her husband and from liability for his debts, as fully as if she were unmarried. She is bound by her contracts and responsible for her debts and torts as if un- married. A married woman shall be capable of making any contract which she might make if unmarried, except that no conveyance or contract for the sale of reai-estate by a married woman, other than mortgages on lands to secure the purchase money, and leases for terms not exceeding three years, shall be valid unless her husband shall join with her, except when he has deserted her for one year, or she bas cause for divorce against bim under the laws of the State. No right to an estate by the courtesy shall attach as against «■ mortgage given by a married woman to secure the purchase money of the land so mortgaged. A married woman shall not be liable for debts of her husband, nor shall he be liable for her debts or contracts, either before or during coverture, except for necessaries furnished to the wife after marriage, where he would be liable at common law. No contract between husband and wife with reference to the real-estate of either, shall be valid, nor shall any authority from one to the other to convey real-estate be of any force ; but in relation to all other subjects either may be constituted the agent of the other, or contract with the other as fully as if the relation of husband and wife did not exist ; but where the rights of creditors or purchasers in good faith come in question, each shall be held to have notice of the contracts and debts of the other as fully as if a party thereto. Whenever a married woman shall be deserted by her husband for the space of one year, or when for any cause she would be entitled to a divorce under the laws of the State, she may bring an action against him in the district court, asking for a decree which shall debar him from any right or estate by the cour- tesy or otherwise in her lands, and which shall give her authority to dispose of and convey her lands without the interference of her husband. This Act does not affect ante-nuptial contracts or settlements, nor exempt a husband from liability for torts committed by bis wife. . A married woman may sue or be 190 LAWS OF MINNEOSTA. sued as if unmarriei, Tvithout joinmg lier husband, in all cases where the hus- band would nqt be a necessary party aside from the marriage relation. Notes, Bills and Protest. — To charge an iudorssrof a promissory note payable on demand, a demand muat be made within sixty days from its date, without grace. An acceptance of a bill of exchange must be in writing. Days of grace are allowed on biLla payable at sight, or at a future day, and on nego- tiable notes, orders or drafts payable within the State at a future day certain, unless there is an express stipulation to the contrary. When falling due on Sunday, Thanksgiving or Christmas, New Year's day, the twenty-second of !February, the fourth of July, or on the following day when either of the four days last mentioned occurs on Sunday, they are payable on the business day next preoading said day, and must be noted and protested upon such preceding day, but notice need not be given until the business day next following. No- tice of protest may in all casas be given by depositing the notice in the peat office, postage paid, directed to the party, at his reputed place of residence. The notary must make a record of his protest in his official register, which re- cord, or a duly certified copy, is prima fade evidence of the facts stated in it. Tsixes on real property for each year are to be paid in January and Feb- ruary in each succeeding year, and if not paid in fnill by the first day of March are deemed delinqiient. Delinquent taxes may be piid before the first Monday of June, on which day delinquent lands are sold by the county treasurer. Lands not sold, when thus oifered for sale, bscome forfeited to the State. Lauds sold, or forfeited to the State, may be redeemed within two years, by payment of the amount for which the same wsre sold, (or if forfeited, the amount of taxes) with 34 per cent, interest, and all subsequent taxes with like interest from the first day of June subsequent to the levy of the tax. WsllSo— Every person of full age and S3und mind may devise lands or per- sonal estate by a wiU. Wills must be in writing, sig-ned at the end thereof, by the testator, or by some person in his presence and by his express direction, and attested and subscribed in his presence by two or more competent witnesses No nuncupative will is valid unless made by a soldier in actual military service or by a mariner while at sea. A married woman may make a will without the consent of her husband. Witisesses. — All persons, except as below stated, having the power and faculty to perceive, and make known their perceptions to others, may be wit- nesses. Interest, as a party or otherwise, does not exclude, nor conviction of crime, nor religious opinions or belief. Persons charged with crime may testify in their own behalf, at their request ; but neglect or refusal so to testify shall create no presumption against the defendant. Persons of nnsonnd mind, or in- toxicated when produced for examination ; children under ten years of age, who appear incapable of receiving just impressions of the facts respecting which they are examined, or of relating them truly, are not competent witnesses. A husband or wife cannot be examined for or against the other, without the con- sent of such other, except in -a, civil action by one against the other, or in a criminal action for a crime committed by one against the other. There are also LAW3 or MINNESOTA. 191 the usual exceptions as to oommunioations made between husband and wife after marriage ; and between attorney and client ; clergjfmen and persons making con- fessions ; physicians and patients ; and public officer and one making" disclosures to him in official confidence. In criminal trials, the defendant shall at his own request, but not otherwise, be deemed a, competent witness, but hiS' neglect or refusal to testify shall not create any presumption against him, nor be alluded to or commented upon by the prosecuting attorney or by the court. Certilicates of Acknowledgment, &.«., of Deeds. 1. Within the State. State op Minnesota, ) County of S^^' Be it known, that on this day of A.D. 18 , personally came before me A. B. [and C. B. his wife] to me personally known to be the «ame person [or persons] described in and who executed the foregoing instru- ment, and [severally] acknowledged that he [or they] executed the same freely and voluntarily. [Signature and title.'] State of County of 2. Out ov the State. ;|ss: On this day of 18 , before the undersigned [title] per- sonally appeared A. B. known to me to be the same person described in and who ■executed the within instrument, and acknowledged the same to be hia {or her) own free act and deed for the purposes therein specified. Witness my hand and official seal the day and year aforesaid. [Signature and title.] [Official seal.] 3. Pkoof bt Witness within the State. State of Minnesota, ) County of , J ^^• Be it remembered, that on this day of 18 , it appearing to the •court that A. B. the grantor in the within deed to E. F. bearing date the day of 18 , has died, [or, as the aaae may be], not having acknowledged the execution of said deed, M. N., a competent subscribing witness to said deed, appeared in open court, and being duly sworn according to law, deposed and said, that he is the identical person of that name who attested said deed as a subscribing witness ; that he saw the said A. B. duly execute said deed for the purpose therein stated, and that he, said M. N. and 0. P., the other sub- iBoribing witness to said deed, then and there subscribed the same as witnesses in the presence of said A. B. and of each other. 192 LAWS OF MDWESOTA. In testimony whereof, I, G. H., clerk of said court, whioli is a court of record, have hereto set my hand and affixed the seal of said court, this day of 18 . [Signature] Glerk of Court. [Seal of Court.] Instructions and Forms for taking: Depositions. The deponent should be sworn to testify the truth, the whole truth, and nothing but the truth, relating to the.oause for which the deposition is taken. Caption. The deposition of taken on the day of 18 , at in the State of to be read as evidence on behalf of in an action between plaintiff, and defendant, pending in the Court of Minnesota. The deposition must be written out by the commissioner, or by the deponent, or by some disinterested person, in the presence and under the direction of the commissioner, and be carefully read to or by the deponent, and then be sub- scribed by him. Cbbtificate. State of 'Iss- County of , $ ' I, , the commissioner named in the within commission, do hereby cer- tify that the said commission was executed, and that the testimony of was taken before me at in on the day of A.D. 18 , at o'clock in the noon, and was reduced to writing by myself, (or by deponent, or by , a disinterested person, in my presence and under my direction.) That the said testimony was taken by and pursuant to the authority and requirements of the said commission upon the interrogatories and cross- interrogatories annexed and herewith returned. That the said witness, before examination, was sworn to testify the truth, the whole truth, and nothing but the truth, relative to the cause specified in the said commission, and that the testimony of the said witness was carefully read to said witness by me, and then by him subscribed, and sworn to by said witness before me. In witness whereof, I have hereto set my hand and affixed my official seal, the ' day of 18 . Commissioner for Minnesota. Witnesses shall severally subscribe their depositions, and the commissioner or commissioners taking the same, shall certify at the bottom of each deposition that it was subscribed and sworn to before him or them, and date and sign such certificate. They shall also indorse upon such commission the time or times, and place of executing it, and whether any commissioner not attending was notified. He or they shall annex the depositions to the commission, seal them up in an envelope and direct the same to the clerk of the°proper coimty. It nny be transmitted by mail or private conveyance. COURTS OF MINNESOTA. SUPREME COURT. The supreme court has power to issiie writs of error, certiorari, mandamus, prohibition and other remedial writs ; and appellate jurisdiction of judgments and orders of the district courts. Two general terms, on the first Tuesday in January and July, are appointed hy statute. Chief Justice: Christopher Q-. Ripley, of Chatfield. AssocicUe Justices: S. J. R. McMillan, of St. Paul ; John M. Berry, of Faribault. Attorney Oerieral : E. R. E. Cornell, of Minneapolis. GUrk : Sherwood Hough. Reporter : Wm. A. Spencer. DISTRICT COURTS. The district courts have original jurisdiction of all civil actions within their respective districts when the sum in controversy exceeds f 100 ; and of all civil actions of which a justice of the peace has not jurisdiction, without regard to the amount ; and in equity. They have appellate jurisdiction from courts of probate and justices of the peace. District Judges : Eirst District, F. M. Crosby, of Hastings ; 2nd. 'Westcott; Wilkin, of St. Paul ; 3rd. C. M. Waterman, of Winona; 4th. Chas. E. Vander- burgh, of Minneapolis ; 5th. Samuel Lord, of Mantorville ; 6th. Franklin H. Waite, of Mankato ; 7th. James E. MoKelvey, of St. Cloud ; 8th. A. C. Chat- ' field, of Belle Plaine ; 9th. M. G. Hanscome, of St. Peter. One or more terms of the court held annually in each county. PROBATE COURTS. A probate court is established in each county. These courts have exclusive jurisdiction to take the proof of wills, to grant letters testamentary, and of ad- ministration, appoint guardians, &c. There are no pleadings in probate courts. JUSTICES' COURTS. Justices have jurisdiction of actions, when the amount sought to be recovered does not exceed |100 ; but their jurisdiction does not extend to a cause involv- ing the title to real-estate ; nor to an action for false imprisonment, libel, slan- der, malicious prosecution, criminal conversation or seduction, or upon a pro- mise to marry; nor to an action against an executor or administrator, as such. 13 LAWS OF MISSISSIPPI EELATING TO CIVIL ACTIONS, DEEDS, WILLS, &c., PKBPAEBD FOB THIS WOBK BY THE EDITOR. Revised Statutes, Code, Practice.— The statutes of the State were revised and codified hy three commissioners, appointed in 1854, and their revised code of the statutes took effect Nov. 1, 1857. A new revision went into effect Oct. 1, 1871. The praetiae is according to the common law, modified by statute. Actions. — The first process in a civil action is, usually, a summons, which is made returnable on the first day of the term, and must be executed five'days before the return day ; if issued within five days before the return day, it must be made returnable to the next subsequent term of the court. Original process must be served personally on the defendant, if to be found, and a copy delivered to him. If he cannot be found service may be made by leaving » copy at his usual place of abode with some member of his family above the age of sixteen years. The declaration must contain a concise statement, in ordinary language, of the facts constituting the cause of action. The defendant must plead on or before the third day of the term to which the writ is returnable, or within such other time as the court may allow, or judgment may be entered by default. Demurrers and dilatory pleas are disposed of at the return term. Issues of fact, except in actions commenced by attachment, and actions of replevin, are not tried at the return term, but at the term next succeeding, unless the parties consent to trial at the return term. Al'i'CStS or imprisonment for debt are not allowed in any civil action. Attaclimeilts are allowed in actions founded upon any indebtedness, or for the recovery of damages, for breach of contract, or upon a penal statute. The creditor, his agent or attorney, must make oath to the amount of the debt or demand, and to one or more of the following particulars : 1. THat the de- fendant is a foreign corporation, or a non-resident of the State. 3. That he has removed, or is about to remove himself or his property out of the State. 3. That he so absconds or conceals himself that he cannot be served with a sum- mons. 4. That he has property or rights in action which he conceals and un- justly refuses td apply to the payment of his debts. 5. That he has assigned or disposed of, or is about to assign or dispose of, his property, or rights in action, or some part thereof, with intent to defraud his creditors, or give an unfair preference to some of them. 6. That he has converted, or is about to LAWS OF MISSISSIPPI. 195 ^convert, his property into money, or evidences of debt, with intent to place it beyond the reach of his creditors. 7. That he fraudulently contracted the debt or incurred the obligation for -which suit has been or is about to be brought. The plaintifif must give bond, with surety, in double the sum claimed. The attachment may be levied on real and personal property and credits. Claims against Estates of persons deceased.— It is the duty of executors and administrators, within two|months after the grant of letters, to publish a notice requiring creditors to exhibit their claims, and unless registered within one year after the first publication, of such notice they are barred. When an estate is reported insolvent, the executor or administrator must give three months' notice to creditors. Deeds, Mortgages, Acknowledgment, Kecording.— Deeds of real-estate, or for a term of more than one year, must be in writing, sealed and delivered. A scroll or the word " seal " is sufficient as a private seal. Two witnesses are required, unless the deed is acknowledged. Such conveyance is not good as against a purchaser for a valuable consideration, or a creditor, unless acknowledged by the party executing it, or proved by one or more of the sub- scribing witnesses, to have been signed, sealed and delivered as the voluntary act and deed of such party, and recorded within three months after execution, in the county in which the lands are situated. The certificate of acknowledg- ment or proof must be written upon or under the deed, and signed by the officer. The same law is applied to mortgages. The acknowledgment or proof without the State, and within the United States, may be made before a judge of any of the courts of the United States, or a judge of the supreme or superior court of any State or territory, a justice of the peace, (with a certificate under the seal of a court of record of his county, as to his official character,) or a com- missioner for Mississippi. Out of the United States, before any court of re- cord, or the mayor or chief magistrate of amy city, borough or corporation, an ambassador, foreign minister, secretary of legation or consul of the United States. A married woman must acknowledge, on a private examination, apart from her husband, that she signed, sealed and delivered as her voluntary act and deed, without any fear, threats or compulsion of her husband. Aliens re- siding in the State may acquire and hold real-estate, by purchase, gift, devise or inheritance, and may, after becoming naturalized, convey the same as other citizens. Depositions of witnesses out of the Slate may be taken upon written in- terrogatories, by one or more commissioners. Execution, and Stay of. — Executions are to be issued within twenty days after rendition of judgment. When lands are sold under an execution, the officer executes to the purchaser a deed of conveyance, which vests in the purchaser all the rights of the defendant to the lands. On judgments of jus- tices of the peace a stay of execution wiU be granted by the justice for sixty days, on the security of some responsible person, appearing before him. If the -money is not paid at the expiration of the stay, execution issues against the principal and surety, or either of them. 196 LAWS OF MISSISSIPPL ^Exemptions and Homestead Law. — The following personal property is exempt : the tools of a mechanic necessary for carrying on his trade; agricultural implements of a farmer necessary for two male laborers ; imple- ments of a laborer necessary in his usual employment ; books of a student re- quired for the completion of his education ; the wearing apparel of every per- son ; libraries of attorneys, practising physicians and ministers of the gospel, not exceeding f 250 in value, and the instruments of surgeons and dentists used in their profession, not exceeding $250 in value. If the debtor is the head of a family, or housekeeper, one work horse or mule, two cows and calves, five head of stock hogs, five sheep, fifty bushels of com, ten bushels of wheat or rice, 200 pounds of pork, bacon or other meat, oce cart or wagon, not exceeding $100 in value, and household and kitchen furniture not to exceed $100 in value. The land or buildings owned and occupied as a residence by a debtor who is the head of a family, is exempt ; the quantity of land not to exceed eighty acres, nor, including improvements, $2,000 in value ; or in a city or town, not to exceed $2,000 in value, and personal property not to exceed $250 in value. Interest. — The legal rate of interest is six per cent., but contracts may be made in writing to pay a rate as great as ten per cent. If a greater rate than ten per cent, is stipulated for, the excess may be forfeited. Judgment, and liien of. — Judgments duly enrolled are a lien for seven years on all the property of the defendant within the county. Judgments- of justices of the peace bind the goods and chattels of the defendant within the county where rendered. liien of ]H!ecIianics, &C. — Mechanics and material men have a lien for work done and materials furnished for any building, which lien extends to the building, and the laud on which it stands. They have also a lien for work done and materials furnished for any bridge or boat, and for machinery and fixtures for manufacturing purposes. lijmitation of Actions. — Actions concerning lands must be brought within ten years after the right of action accrues. But if a person entitled to- bring such action is under a disability, as infancy, oovertiu-e, imprisonment or unsoundness of mind, the action may be brought within ten years after such disability ceases. Actions of debt or covenant, founded upon a sealed instru- ment, or upon tho award of arbitrators, or upon a judgment, within seven years. Actions upon notes, bOls, contracts or liabilities not under seal, (except open accounts), for the recovery of personal property or damages for taking or con- verting the same, within six years. Actions upon an open account, within three years. A person under any of the disabilities above named may bring the action within the same periods after removal of the disability. If the per- son against whom a cause of action accrues, is at the time out of the State, the action may be commenced within tho times above named after his return ; and if after such right accrues the person against whom it has accrued is absent from and resides out of the State, tho time of such absence shall not be taken as. any part of the time so limited. LAWS OF MISSISSIPPI. 197 Married 'Women. — The real and personal property belonging to a •woman at the time of her marriage continues to be her separate property as fully after the marriage as before ; and all property which may accrue to a married -woman, by will, descent, conveyance or otherwise shall be owned, used and enjoyed by her a? her separate property ; and her property shall not be liable for her husband's debts. A husband and wife may, by their deed, convey her real-estate, but her acknowledgment must be taken as required by law. In conveyances of her separate estate she is bound by her covenants of warranty. ]Votes, Bills and Protest. -The rules of the common law apply. Xaxes.— Lands sold for taxes maybe redeemed within two. years by paying the amount of tax for which the land was sold, with costs and charges and fifty per cent, damages, besides taxes subsequently accrued. Wills. - Every person of the age of twenty-one years and of sound and disposing mind may make a wUl of real or personal property. The will must be signed by the testator, or by some one in his presence and by his express direction, and if not wholly written by him, it must be attested, in the case of . real-estate, by three credible witnesses, and in the ease of personal estate by ■one or more such witnesses, in the presence of the testator. A nuncu- pative wUl, when the value of the property is not more than |100, is good, if it is proved by two witnesses that the testator called on some person present to take notice that such was his will, and if it'was made in his last sickness, either at his habitation, or when he was taken sick from home and died before his return. > W^itnesses. — No person is incompetent by reason of interest, as a parly or otherwise ; nor is any person disqualified by reason of his conviction for any offence, except perjury and subornation of perjury. Certificates of Acfenowledgment, &c., ©t Deeds. 1. Bt Individual Geantor. State op County of ;!■ On this day of 18 , personally appeared before me [name and -title of officer] the within named* A. B., who acknowledged that he signed, sealed and delivered the foregoing deed, on the day and year therein mentioned, a.s his act and deed. Given under my hand [and seal] this day of 18 . [Signature and tiils.] [Seal.] 2. By Hdsband and "Wipjs. [As above to the *J A. B. and ' C. B. his wife, who severally acknowledged that they signed, sealed, and delivered the foregoing deed, on the day and year Iherein mentioned, as their voluntary act and deed. And the said C. B. on a 198 LAWS or MISSISSIPPI. priyate examination tefore me, apart from her husband, acknowledged that ■he signed, sealed, and delivered the same as her voluntary act and deed,, freely, and without any fear, threats, or compulsion of her husband. 3. PbOOI' by StJBSCKIBING WITNESS. [As in form 1 to the *] E. F., one of the subscribing witnesses to the above deed, who, being iirst duly sworn, deposeth and saith that he saw the above- named A. B., whose name is subscribed thereto, sign, seal, and deliver the same to the within-named C. D.; that he, the deponent, subscribed his name as a witness thereto in the presence of the said A. B., and that he saw the other subscribing witness, Gr. H., sign the same in the presence of said A. B., and that the said witnesses signed in the presence of each other, on the day and year therein named. Instructions and Forms for Taking Depositions. The witness must be sworn (or affirmed,) by the commissioner, to testify the whole truth. The testimony must be written down by the commissioner or by the witness, or by some disinterested person in his presence, and sub- soribed by the witness. The testimony so taken down, with the commission and interrogatories, and every exhibit and voucher relating thereto, and a cer- tificate by the commissioner of all his proceedings therein, must be sealed up and directed to the clerk of the court where the action is depending, with the style- of cause indorsed, and transmitted in the most safe and convenient manner. The commissioner may continue the taking of depositions from day to day, and may adjourn the taking thereof from time to time. Papers referred to in the deposition must be marked and identified by the commissioner. State of County of :!' Be it remembered, that on this day of , A.D. 18 , by virtue and in pursuance of a commission to me directed from court of the State of Mississippi, to take the deposition of E. P., of the , State of aforesaid, a witness for the in a certain cause therein pending, wherein A. B. is plaintiff, and 0. D. is de- fendant, on the interrogatories and cross-interrogatories annexed to the said commission, I caused the said E. E. to come before me at , in the , who, being by me first duly sworn, the truth, the whole truth, and nothing but the truth to testify, in answer to said interrogatories and cross-interrogatories, did depose and say — In answer to interrogatory first, etc. E. E. Sworn to and subscribed before me, at , this day of , A.D. 18 . \_8ignature and title.'] COURTS or MISSISSIPPI. 199 CBSTIFICATE. State of 'I ■ Comity of , S ^^' I, , specially appointed a oommiasioner in the cause styled in. the caption of the foregoing deposition, to take the deposition of E. F., a wit- ness for the in the said cause, do hereby certify, that I caused to come before me E. F., at , in the State aforesaid, who being by me first duly sworn, to speak the truth, the whole truth, and nothing but the truth, in answer to said interrogatories and cross-interrogatories, did depose thereto ; and that the answers of said.-E. E. were by me reduced to writing in the presence of said witness. [Seal.] [Signature and title.] COURTS OF MISSISSIPPI. FUBNISHED FOB THIS ■WORK BY RAMSAY & SHANNON, Esqrs., of Meridian, MrssissiPPi. SUPEEME COUBT. This court has appellate jurisdiction only. Chief Justice: Ephraim G. Pey- ton. Associate Justices: Horatio E. Simrall ; Jonathan Tarbell. Attorney lOen- eral: Joshua S. Morris. Olerk: James McKie. CIRCUIT COURTS. The circuit courts have original jurisdiction in all civil matters when the principal of the sum in controversy exceeds $150. They have appellate juris- diction of judgments in justices' courts. At leist two terms of the court are held in each county annually. CHANCERY COURTS. The chancery courts have fuU jurisdiction in all matters of equity. They have also the jurisdiction of courts of probate. JUSTICES' COURTS. The jusbioesof the peace have jurisdiction in civil actions to the extent of $150. LAVV^S OF MISSOURI RELATING TO CIVIL ACTIONS, DEEDS, WILLS, &c., PKBPAEBD FOR THIS WOEK BY DONOVAN & CONEOT, Esqrs., of St. Lotjis. Be vised Statutes, Practice.— The last revision of tlie statutes was in 1865. There is a compilation of the statutes to 1869, by Mr. Justice David Wagner, of the supreme court. The practice is regulated by statute, and resembles that under the code of Nevr York. Actions. — The rules as to the forms of actions, parties, pleadings and mode of trial are similar to those under the New York Code. Suits are instituted in courts of record, either by filing in the office of the clerk of the proper court, a petition, setting forth the plaintiff's cause of action, and by the defendant's voluntary appearance thereto ; or, by filing such petition, and suing out thereon a ■writ of summons against the person, or of attachment against the property of the defendant. The summons is made returnable on the filrst day of the term next after its date, but if the first day of such term is within fifteen days then on the first day of the second term. Suits commenced by attachment against property, must be brought in the county where the property is found ; ■suits in relation to real-estate, in the county where it is situated ; suits insti- tuted by summons : 1. When the defendant is a resident of the State, either in the county within which he resides, or in that within which the plaintiff resides ; 3. When there are several defendants, residing in different counties, in any such county ; 3. When there are several defendants, some residents and some not, in any county in which a defendant resides ; 4. When all the defendants are non-residents, in any county. A summons is executed: 1. By reading it to the defendant, and delivericig to him a copy of the petition ; or, 2. By delivering to him a copy of the summons and petition ; or, 3. By leaving such copies at his usual place of abode, with some person of the family over fifteen years of age ; or, 4. Where there are several defendants, by delivering such copies to the one first served, and to any defendant subse- quently served a copy of the summons, or, by leaving such .copy at the usual place of abode of such defendant, with some person of his family over fifteen years of age. A defendant served with the summons fifteen days before the return day, must appear at the return term of the writ; if served less than fifteen days, he must appear at the term next after the return term. In counties having over forty thousand inhabitants, defendants duly served LAWS OF MISSOURI. 201 muBt answer or demur on or before the third day of the term at ■which they are bound to appear, unless longer time is granted by the court; and the action is triable at the return term. In counties haviDg leas than forty thousand inhabitants, the defendant must plead on or before the sixth day of the term, if it shall continue so long, and it not, then before the end of the term, unless further time is given by the court. If the suit is founded upon a bond, bill or note, for the direct payment of money or property, and the defendant has been served with process, he must plead on or before the second day of the term at which he is bound to appear, if it continue eo long ; if not, then in such time as the court may direct ; and such ^uits must be determined at such term, unless continued for good cause. In JiiStices' Courts suits are instituted either by the voluntary appearance and agreement of the parties, or by process ; the process is either a summons or an attachment. The summons must be served at least iifteen days before the day of appearance, in actions in which the circuit court and justices of the peace have concurrent jurisdiction, and six days where they have not. A justice of the peace, for good cause shown, may adjourn a cause until the next law day ; and for a longer time where he is satisfied that it is needed to enable the parties to ob- tain testimony. Non-resident plaintiffs must give security for costs. All con- tracts which, by the common law, are joint only, shall be construed to be joint and several. In case of the death of one or more of the joint obligors or pro- misers, the joint debt or contract survives against the heirs, executors and ad- ministrators of the deceased obligor or promiser, as well as against the survi- vors. When all the obligors or promisers shall die, the debt or contract shall survive against the heirs, executors and administrators of all the deceased joint obligors and promisers. In all cases of joint obligations and joint assump- tions of co-partners or others, suits may be brought and prosecuted against any one or more of those who are so liable. A creditor may compound with any one or more of his debtors for such sum as he may see fit, and release him or them from any further liability for such indebtedness without impairing his right to demand and collect the balance of such indebtedness from the debtor or debtors not so released. The assignee of a bond, non-negotiable note or ac- count, may maintain an action against the assignor, upon failure to obtain pay- ment from the obligor, maker or debtor, only in one of the following cases : 1. If he uses due diligence in the institution and prosecution of a suit against the obligor, maker or debtor, for the recovery of the money or property due, or damages in lieu thereof ; 3. If the obligor, maker or debtor is insolvent, or is not a resident of or residing within this State, so that a suit would be unavail- ing, or could not be instituted; ArrestS.^No person shall be arrested, held to baU, or imprisoned on any mesne process or execution founded upon any civil action. AttaclimentS. — The plaintiff in any civil action may have an attachment against the property of the defendant, or that of any one or more of several defendants, in any one or more of the following cases : 1. Where the defendant is not a resident of this State ; 3. Where the defendant is a corporation, whose chief office or place of business is out of this state ; 3. Where the defendant 202 LAWS OF MISSOUEI. conceals himself, bo that the ordinary process of law cannot be served upon him ; 4. Where he has absconded or absented himself from his usual place of abode in this state, so that the ordinary process of law cannot be served upon biTTi ; 5. Where he is about to remove his property or effects out of this State,, with intent to defraud, hinder, or delay his creditors; 6. Where he is about to- remove out of this State, with the intent to change his domicil ; 7. Where he has fraudulently conveyed or assigned his property or effects, so as to hinder or delay his creditors ; 8. Where he has fraudulently concealed, removed, or dis- posed of his property or effects, so as to hinder or delay his creditors ; 9. Where he is about fraudulently to convey or assign his property or effects so as to hin- der or delay his creditors; 10. Where he is about fraudulently to conceal, re- move or dispose of his property or effects, so as to hinder or delay his creditors; 11. Where the cause of action accrued out of this State, and the defendant has ab- sconded or secretly removed his property or effects into this State ; 13. Where the damages for which the action is brought are fpr injuries arising from the com- mission of some felony or misdemeanor ; 13. Where the debtor has failed to pay the price or value of any article or thing delivered, which by contract he waS bound to pay upon the delivery ; 14. Where the debt sued for was fraudulently contracted on the part of the debtor. An attachment may issue on a demand not yet due, in any of the cases above mentioned except the first four. To ob- tain an attachment, an af&davit must be made by the plaintiff, or some person for him, stating that the plaintiff has a just demand against th^ defendant, the amount which the affiant believes the plaintiff ought to recover, after allowing- ail just credits and set-offs, and that he has good reason to believe and does believe that some one or more of the above mentioned causes for attachment exists. The plaintiff, or some responsible person for him, must give bond to the state, in a sum at least double the amount sworn to in the affidavit, with two resident householders as securities, conditioned that the plaintiff shall prosecute his action without delay and with effect, refund all sums of money that may be adjudged to be refunded to the defendant, or found to have been received by the plaintiff and not justly due to him, and pay all damages and costs that may accrue to any defendant or garnishee, by reason of the attach- ment, or any process or proceeding in the suit, or by reason of any judgment or process thereon. Under the writ of attachment the officer can attach lands, goods and credits, and may seize defendants' account boots, notes and other evidences of debt. Claims ag-ainst estates of persons deceased are divided into the following classes: 1. Funeral expenses; 3. Expenses of the last sickness,, wages of servants and demands for medicine and medical attendance during the last siokness of the deceased ; 3. Debts due to the state or any incorporated town or city; 4. Judgments against the deceased in his lifetime, and judgments upon attachments levied upon property of the deceased during his lifetime, unless such judgments are liens upon his real-estate, and his estate is insolvent ; 5. All demands which shall be legally exhibited against the estate within one year after the granting of the first letters ; 6. All demands thus exhibited after the end of one year and within two years after letters granted. All demand* not thus exhibited within two years shall be forever barred, saving to infanta, LAWS OF MISSOURI. 20? persons of unsound mind, or imprisoned, and married women, two years after the remoTal of their disabilities. The claimant should make oath in open court, or file an affidavit with his claim, stating, to the test of his knowledge and be- lief, that he has given credit to the estate for all payments and offsets to which it is entitled, and that the balance claim.ed is justly due. In partnership estates where the surviving partner administers, he has the right to pay off all claims against the partnership without requiring them to be exhibited for allowance to the court, and all claims presented within the first year after the grant of letters are placed in the first-class and those subsequently presented are placed in the second-class. All claims against estates are paid in the order of their priority. ]>eeds, Mortg'ag:es, Acknowledgrnient, Recording. — Deeds of land must be subscribed and sealed by the grantor or his lawful agent. A scroll is sufficient as a seal, if the intention to make a sealed instrument is ex- pressed in the instrument. When acknowledged by the grantor no witnesses are necessary. A married woman must be examined separately. The proof or ac- knowledgment of a deed may be taken, within the State, by some court having a seal, or some judge or clerk thereof, a notary public, or a justice of peace of the county in which the real-estate is situated ; without the State, and within the United States, by a notaxy public, a court of the United States, or of a State or Territory, having a seal, or the clerk of any such court, or a commis- sioner for Missouri ; without the United States, by any court having a seal, the mayor or chief officer of any city or town having an official seal, a minister or consul of the United States, or notary public having a seal. The certificate of proof or acknowledgment must be indorsed on the deed, and must be, under the hand of the officer, and his official seal, if he have one. The certificate must state the fact of acknowledgment, and that the person making the same was personally known to at least one judge of the court, or to the officer granting the certificate, to be the person whose name is subscribed to the instrument as a party thereto, or was proved to be such by at least two witnesses, whose names and places of residence must be inserted in the certificate ; and when the acknowledgment is that of a married woman, the certificate must further state that she was made acquainted with the contents of the instrument, and , on an examination separate and apart from her husband, acknowledged that she executed the same freely, and without compulsion or undue influence of her husband. Proof may be made by a subscribing witness, or when all the subscribing witnesses are dead, or cannot be had, by evidence of the handwrit- ing of the grantor, and of at least one subscribing witness, by two credible witnesses as to each. Instruments conveying or affectiag real-estate, must be recorded in the office of the recorder of the county where the real-estate is situated ; and from the time of filing the same for record, they are deemed to im.part notice to all persons of the contents thereof. A purchaser under a foreclosure sale acquires title as against the parties to the suit. Mortgages with powers of sale in the mortgagee, and sales made in pursuance of the pro- visions of such mortgages, are valid and binding upon the mortgagors and all persons claiming under them. Chattel Mortgages are void, except as between the parties, unless possession of the property is delivered to and retained by 204 LAWS OF MISSOUEI. "the mortgagee, or tlie mortgage is acknowledged and recorded. Aliens residing in the United States, who hive made a declaration of their intention to become ■citizens, and aliens resident of this State, may acquire by descent or purchase, hold and alienate real-estate the same as if they were citizens. Any alien, who, except for his alienage, would be capable of acquiring real-estate by derise or descent from any person capable of holding real-estate in this State, may sell and conyey suoli real-estate at any time within three years after the final se't- ■tlement of the estate of the ancestor or doTisor. Depositions* - Out of the State, depositions are taken under a com- mission, (except when taken before a commissioner for Missouri,) and either upon interrogatories annexed, or without written interrogatories. Notice of the time and place of taking the deposition, must be giyen in writing, at least three days before the taking, and one day additional for eTery 25 miLes for the first 300 miles, and beyond that one day additional for each 100 miles of distance from, the place of serving the notice to the place of taking the deposition, un- less the time is shortened by the court. Without the State, depositions may be taken by a commissioner for Missouri, a consul, a commercial or diplomatic representative of the United States haring a seal, mayor or chief officer of a city, town or borough having a seal of office, a judge, justice of the peace or other judicial oificer, or a notary public. When taken by any of the persons here named, and certified by him in his official character, with his seal of office, if there is one, such deposition is sufficiently authenticated, except when taken before a judge, justice of the peace or other judicial officer, in which case it must be authenticated by the certificate and seal of the clerk of a court of record in the county, or district that the person so acting was such officer, and duly com- missioned as such at the time. Executions, and Stay of. — Executions may issue upon a judgment at any time within ten years after its rendition. They may be directed to any county in the State, and may issue at the same time to different counties. When an appeal 'is taken from a judgment, and sufficient security given, execution is stayed, Exemption and Homestead Eaw. — The following property, when owned by any person other than the head of a family, is exempt from at- tachment and execution. 1st, the wearing apparel ; 2d, the necessary tools and implements of trade of any mechanic, whilst carrying on his trade. The fol- lowing property is exempt, when owned by the head of a. family: 1. Ten head of choice hogs, ten head of choice sheep, and the product thereof in wool, yam or cloth ; two cows and calves ; two plows, one axe, one hoe, and one set oi plow gears, and all necessary farm implements for the use of one man ; 3. Working animals of the value of one hundred and fifty dollars ; 3. The spinning-wheels and cards, one loom and . apparatus necessary for manufacturing cloth in a pri- vate family ; 4. All the spun yarn, thread and cloth manufactured for family use ; 5. Any quantity of hemp, flax and wool not exceeding twenty-five pounds each ; 6. All wearing apparel of the family ; four beds, with the usual bedding, and such other household and kitchen furniture, not exceeding the value of one hundred dollars, as may be necessary for the family, agreeably to an inventory LAWS OF MIS80DRI. 205 thereof, to be returned on oath -with- the execution, t>y the officer whose duty it may be to levy the same ; 7. The necessary tools and implements of trade of any mechanic, while carrying on his trade ; 8. AH arms and military equip- ments required by law to be kept; 9. All such provisions as may be found on hand for family use, not exceeding one hundred dollars in value ; 10. The Bi- bles and other books used in a family, lettered grave-stones, and one pew in a house of worship ; 11. Lawyers, physicians and ministers of the gospel may select such books as shall be necessary to their profession, in the place of other property here allowed, and doctors of medicine, in lieu of property exempt, may select their medicines. Each head of a family, in lieu of the property men-' tioned above in subdivisions 1. and 2. may select any other property, real, per- sonal or mixed, or debts and wages, not exceeding S300 in value. If the de- fendant is about to abscond or leave the State with intent to change his domieil, no property is exempt. Ihe homestead of a housekeeper or head of a family, consisting of a dwelling house and appurtenances, and the land used in con- nection therewith, which is used by him as such homestead, shall, together ■ with the rents, issues and products thereof, be exempt. In the country, such homestead shall not include more than 160 acres of land or exceed |1,500 in value. In cities having a population of 40,000 or more, such homestead shall not include more than eighteen square rods of ground, or exceed $3,000 in value; and in cities having a less population than 40,000, such homestead shall not include more than thirty square rods of ground, or exceed $1,500 in value. luterest. — The legal rate is six per cent. Parties may agree in writing for not exceeding ten per cent. Judgments for money upon contracts bearing more than six per cent, interest, bear the same interest with such contracts. In usurious contracts, judgment shall be rendered for the principal with ten per cent, interest, which interest shall be set apart for the common school fund of the county in which the suit is brought. Judgment, antl liien of.— Judgments rendered by a court of record, are a lien on the real-estate of the judgment debtor, situated in the county for. which the court is held. Such liens commence on the day of the rendition of the judgment and continue for three years, subject to be revived hj scire facias. Upon filing a transcript of a judgment of a court of record, in the ofSoe of the clerk of the circuit court of any other county, such judgment becomes a lien in that county. Upon filing a transcript of a judgment of a justice's court, in the office of the clerk of the circuit court of the county where the judgment was rendered, a transcript of the record may be filed in the office of the clerk of the circuit court of any other county, and thereupon the judgment becomes a lien upon the real-estate of the debtor in that county. liien of Mechanics, &c. — Mechanics and material men have a lien,, upon the building and the land on which it is situated, belonging to. the owner of the building, for work done and materials furnished for any building, or repairing the same, under or by virtue of a contract with the owner or his agent or contractor. The lien must be filed with the clerk of the circuit court,, by an original contractor within six months, by a laborer within thirty days, and by amy other person within, four months after the indebtedness accrues.. 206 LAWS OP MISSOUBI. The praotite in enforcing the lien is similar to that in ordinary civil actions. A lien is given for keeping horses and other animals. Liiliiitation of Actions. — Actions for the recovery of lands, must be brought Tvithin ten years. If a person entitled to commence the action, is -within the age of 21 years, insane, imprisoned on a criminal charge, or in exe- cution upon conviction of a crime, for any time less than life, or a married woman, such person may bring the action within three years after removal of the disability ; but such action cannot be commenced after twenty-four years after the cause of action accrued. Other civil actions must be brought within the following periods after the cause of action accrues : Within ten years : 1. Upon any writing, sealed or unsealed, for the payment of money; 3. On a covenant of warranty or seizin contained in a deed; 3. For relief, not other- wise provided for. Within Jim years : 1. Upon contracts, obligations, or lia- bilities, except those above mentioned, and except upon judgments of a court of record, and except when a different time is here limited ; 2. Upon a liability created by statute, other than a penalty or forfeiture ; 3. For trespass on real- estate ; 4. For taking, detaining or injuring goods or chattels, or for the recov- ery of specific personal property, or for any other injury to the person or rights of another, not arising on contract, and not herein otherwise enumerated; 5. For relief on the ground of fraud ; the cause of action in such case to be deemed not to have accrued until the discovery by the aggrieved party, at any time within ten years, of the facts constituting the fraud. Within three years : 1. Against a sheriff or other officer, upon a liability incurred by the doing of an act in his official capacity, or by the omission of an official duty ; 3. Upon a statute for a penalty or forfeiture, where the action is given to the party ag- grieved, or to such party and the State. Within two years, an action for libel, slander, assault, battery, false imprisonment, or criminal conversation. If a person entitled to bring any of the above actions be, at the time the cause of action accrues, under any of the disabilities above mentioned, such person may bring the action within the times here stated after the removal of such disa- bility. Where a person entitled to sue, dies before the expiration of the time of limitation, his executor or administrator may commence the action, vrithin one year after his death. If, at the time the cause of action accrues against a resident of the State, he is absent therefrom, tlie action may be commenced within the times here stated after his return into the State ; and if, after such cause of action accrues, such person departs from and resides out of the State, the time of absence is not deemed any part of the time limited. A promise or acknowledgment must be in writing, signed by the party, in order to take the •case out of the statute ; but this does not alter the effect of a payment made. After the expiration of twenty years from the date of rendition, a judgment is presumed to be paid ; but such presumption may be repelled by proof of pay- ment on such judgment, or written acknowledgment. Married "Women. — The rents, issues and products of the real-estate of a married woman, and the proceeds of the sale of such real-estate, and the in- terest of her husband in her right in any real-estate which belonged to her Ijefore marriage, or which she may have acquired by gift, gi'ant, devise or inher- LAWS OF MISSOURI. 207 itance during cover|ture, shall, during coverture, be exempt from liability for the Bole debts of her husband ; and no conveyance made during coverture by the husband of such rents, issues and products or of any interest in such real- estate shall be valid unless the -wife join in the deed; provided, such annual products may be taken for any debt or liability of the husband created for necessaries for the -wife and family of the husband, and for debts for labor or materials fvimished upon or for the cultivation or improvement of such real- estate. She may insure the life of her husband, for her own benefit, provided the annual premium shall not exceed $300. Stocks and bonds given by a parent to a daughter, shall belong to her, if married, and shall not be subject to the payment of her husband's debts ; and she may dispose of them as if she -were unmarrie'd. A married ■woman, if of the age of eighteen years, may make a Tvill of real-eatate, saving to her husband his estate by the courtesy. IVotes, Bills and Protest. — An acceptance of a bill of exchange must be in -writing, signed by the party to be charged, or by his lawful agent. If the acceptance is written on any other paper than the bill, it will bind the ac- ceptor only in favor of a person to whom the acceptance has been shown, and who has received the bill upon the faith thereof, and for a valuable considera- tion. An unconditional promise in writing to accept a bill, before it is drawn, is deemed an actual acceptance in favor of any person to whom it is shown, and who upon' the faith thereof has received the bill for a valuable consideration. The holder of a bill may require the acceptance to be written on the bill. When a bill of exchange, expressed to be for value received, drawn or negotiated within the state, is protested for non-acceptance or non-payment, the drawer and indorsers are liable to the holder in damages, as follows: 1. If drawn on any person at a place within the state, at the rate of 4 per cent, on the princi- pal sum ; 2. If on any person at a place without the state but in the United States, at the rate of 10 per cent.; 3. If on any person at a place without the United States, at the rate of 30 per cent. If such bill drawn on any person within the state, is accepted, but not paid, the acceptor is liable to pay to the holder damages at the rate of four per cent, if the bill is drawn by any person within the state, and at the rate of ten per cent, if drawn elsewhere within the United States. These damages are allowed in lieu of charges of protest, but cannot be collected if payment of the principal sum with interest and charges of protest be made within twenty days after demand or notice of dishonor. Promissory notes for the payment of money to the payee named therein, or order or bearer, and expressed to be for value received, have the same effect as inland bills of exchange, and are negotiable in like manner. There are no days of grace on bills drawn payable at sight or on demand. Wben the day of pay- ment of commercial paper is a Sunday, Christmas day, Thanksgiving day (state or national). New Year's day, or Fourth of July, it is deemed due and payable on the business day next preceding. A notarial protest is evidence of a demand and refusal to pay at the time and in the manner stated in such pro- test. Taxes. —Ten per cent, is added as a penalty to taxes unpaid on the first day of January of each year. The tax and penalty are a lien against the land, and bear 15 per cent, interest. The lieu may be released at any time before the 208 LAWS OF MISSOUEI. Bale of the land by payment. If not paid in sixty days after the 3d Monday of December following, any person may purchase the lien of the State by paying- the amount due, and may then charge the owner 35 per cent, interest per an- num. After two years, and within four years after his purchase, he may en- force his lien against the land by an action, and upon judgment may sell the land absolutely. "Wills. — Every person twenty-one years of age or upwards, of sound miudr may mate a wiU of real or personal estate, saving the widow her dower. Every person over eighteen years of age, of sound mind, may make a wUl of personal property. Wills must be in writing, signed by the testator, or hy some person by his direction, in his presence, and be attested by two or more competent witnesses, subscribing their names in the presence of the testator. ' A nuncu- pative will is not good when the estate bequeathed exceeds |200, nor unless proved by two witnesses, who were present at the making thereof ; nor unless it be proved that the testator at the time of pronouncing it, bid some person present bear witness that such w&s his wiU; nor unless made in his last sick- ness, and at his dwelling or where he had been residing for ten days or more, except such person was taken sick from home and died before his return. Proof of a nuncupative will must be offered within six months after speaking the testamentary words, unless the substance thereof was reduced to writing within thirty days. A mariner at sea or soldier in military service, may dis- pose of his wages or other personal property as at common law. "Witnesses. — No person is disqualified as a witness in any civil suit by rea- son of his interest as a party or otherwise ; but where one of the original parties to the contract or cause of action on trial is dead, or insane, the other party is not permitted to testify in his own favor ; and where an executor or adminis- trator is a party, the other party is not permitted to testify in his own favor,, unless the contract in issue was originally made with a person who is living and competent to testify, except as to acts and contracts since the granting of the letters ; provided, that in actions for the recovery of a sum or balance due on account, and when the matter at issue is proper matter of book account, the party living may be a witness in his ovra favor so far as to prove in whose handwriting his charges are, and when made. A married woman may be a witness in a suit in the name of or against her husband, whether she is a party or not : 1. In actions upon policies of insurance of property, so far as relates to the amount and value of the property alleged to be injured or destroyed ; 2. In actions against carriers, so far as relates to the loss of property, and the amount and valae thereof ; 3. In all business transactions conducted by her as the agent of her husband ; but she cannot testify to any admissions or conversations of her husband, whether made to herself or third persons. The following per- sons are incompetent to testify : 1. A person of unsound mind ; 3. A child under ten years of age, who appears incapable of receiving just impressions of the facts respecting which it is examined, or of relating them truly ; 3. An at- torney, concerning any communication made to him by his oUent iu that rela- tion, or his advice thereon, without the consent of such client ; 4. A minister of the gospel, or priest, concerniag; a confession made to biTti in his professional character, in the course of . discipline enjoined by the rules of practice of his de- lAWS OF MISSODEI. 209 nomination ;. 5. A physician or surgeon concerning amy information which he may have acquired from a patient while attending him in a professional char- acter, and which information was necessary to enable him. to prescribe for such patient as a physician, or do any act for him as a surgeon. Gertificates of AcBtiiowtedg'jBSCMt, dec, of 5>(ce«lls. 1. By Grantok known to the Officbb. i State of County of :]•■■■ Be it remembered, that * A. B., whd is personally known to theundereigned, a [title of offlcer,] to be the person whose name is subscribed to the within deed as a party thereto, this day appeared before me, and acknowledged that he ex- ecuted and delivered the same as his voluntary act and deed, for the uses and purposes therein contained. Given under my hand [and seal] this day of , 18 . [Seal.] [Signature and title.] 3. By Grantoe and wife, to extinguish power. [As above to the *.] A. B. and C. B. hi^ wife, who are personally known to the undersigned, a Ititle of officer] to be the persons whose names are subscribed to the within deed, as the parties thereto, this day appeared before me, and ac- knowledged that they executed and delivered the same as their voluntary act and deed, for the uses and purposes therein contained. And the said C. B. being by me made acquainted with the contents of said deed, acknowledged, on an examination apart from her husband, that she executed the same, and re- linquishes her dower in the real-estate therein mentioned, freely and without oompulsion or undue influence of her said husband. 3. By grantor and wife, to contby wife's estate. [Same as the preceding, omitting the words " and relinquishes her dower in the real-estate therein mentioned."] 4. By a subscribing witness. [As in form 1 to the*] 0. D. who is personally known [or, who, by the oaths of M. N. and O. P. of , credible witnesses, is proved] to the undersigned, a [title of officer] to be the same person whose name is subscribed to the within deed as a witness thereto, this day appeared before me ; and the said C. D. having been by me duly sworn, deposes and says, that A. B. , whose name i^ subscribed to said deed as a party thereto, is the person who executed the said deed, and that said 0. D. subscribed his name to said deed as a witness thereof. 5. By grantor proven by witness. [As in form 1 to the*] A. B. this day appeared before the undersigned, [title of officer'] and C. D. and E. F. two witnesses residing at , having been 14 210 LAWS or MISSOUBI. t7 me first duly sworn, depose and say, that the siid A. B. is the person •whose name is sub-crihed to the within deed as a party thereto, and the said A. B. then and there acknowledged that [&c. as in first form.] 6. By Power of Attobtiky. [As in form 1 above to the *] C. D. who is personally known to the under- signed, [name and title of officer] to be the person who subscribed the name of A. B. to the above deed [or instrument of writing] as a party thereto, as attorney in fact of the said A. B., personally appeared before me, on the day of , 18 , and acknowledged that he executed the said deed [cr instrument of writing,] as the act and deed of the said A. B. for the purpose therein men- tioned. ■ 7. By Evidence or Hakdwbiting. • [As in form 1 to the *] M. N. and O. P., two credible witnesses, residing at , personally known to the undersigned a [title of officer] this day ap- peared before me, and being by me duly sworn did depose and say, that they personally know A. B. whose name is subscribed to the within deed, as a party thereto ; that they well know his signature, having often seen him sign his name, [or state any oilier means of knowledge], and believe the name A. B., subscribed to said deed was subscribed by said A. B.; and the said M. N. and O. P. [or S. T. and TJ. V., two other credible witnesses, residing at aad ' personally known to the undersigned, being by me duly sworn,] did depose and say, that they personally know C. D., whose name is subscribed to said deed as a witness ; that they well know his signature, having often seen him sign his name ; and believe the name C. D. subscribed to said deed as a witneis, was thereto subscribed by said C. D. Iiistructioiis and Forms for taking' Depositions. Caption. Depositions of witnesses, produced, sworn and examined, on the day fif in the year of our Lord 18 , between the hours of eight o'clock in the forenoon and six o'clock in the afternoon of that day, at in the County of and State of before me [here name the t.fficer and style of office] in a certain cause, now depending in the Court of the County of in the State of Missouri, be- tween plaintiff, and defendant, on the part of the [state whether plaintiff or defendant] of la-wful age, being produced, sworn and examined, on the part of the dcposeth and saith: [here insert the statement of witness.] Every deposition must be reduced to writing in presence of the officer before whom it is taken, and signed by the witness. If any paper or exhibit is pro- duced and proved, or referred to by the witness, it ought to be described in his deposition, or marked and referred to by the deponent, in such manner that it may be identified when the deposition is read ; and all such papers and exhibits must be attached to, and returaed with the deposition. L4.WS OF MISSOUBI. 211 Theofficer will annex, at the foot of the deposition of each witneas, the fol- :lo-wmg certificate : Subscribed and sworn to before me, on the day, at the place, ini within the hours first aforesaid. [Name and style of office.] Then proceed with other depositions, (if any) in the same form, annexing a Hke certificate to each. When all the witnesses who appear have been sworn and examined, and their depositions reduced to writing, subscribed and certified, as above, the officer will attach to the depositions all papers and exhibits proved or referred to in the examination, the commission and notice, with the follow- ing certificate indorsed thereon or attached thereto : I, [state name of of&oer and style of office] within and for the in State of do certify, that in pursuance of the [within or annexed as the case may be] commission and notice, came before me, at in the County and State last aforesaid [insert the names of the witnesses] who were by me severally [sworn or affirmed] to testify the whole truth of their knowledge touching the matter in controversy aforesaid ; that they were exam- ined, and their examination reduced to writing, and subscribed by them, respec- tively, in my presence, on the day, between the hours, and at the place in that behalf first aforesaid, and their said depositions are now herewith returned. If the officer know the residence of the witnesses, he will include the following in his certificate : And I further certify that said [insert the names of the wit- nesses] are residents of the County of in said State of Given at in the County of and State of this day of 18 . [Signature and official title.] When the deposition is taken out of the State, and before a judge or justice of the peace, the return must be accompanied by a certificate of the official char- acter of the officer taking it, attested by the seal of the State of his resi- dence, or by the seal of some court of record within said State, which may be as follows : It is hereby certified that [state name] on [here insert, in words at length, the date at which the depositions are taken and certified] in the year of our Lord 18 , was, (and now is,) [here state the style of the office] witbin and for the State of duly commissioned and acting as such, and that fuU faith and credit are due to his acts as such. In testimony whereof, I [here state name of officer and style of office,] have hereunto subscribed my name and affixed the seal of office, this day of 18 . [L. S.] ■ [Signature.and official title. ] The officer taking the depositions is required to enclose, in a strong envelope, securely sealed, the depositions, papers and exhibits, commission, notice and certificates, and direct the same to the clerk of the court of the County of , Missouri, noting, on some convenient part of the envelope, the style of the cause and contents, thus : 212 COUETS OF MISSOUEI. John Jones, [or -whatever te the name,] Pi'tff, i Depositions for against > John Smith, [same as atove,] Defendant. ) [State whether for Pi'tff or De'ftJ If the package is to he transmitted hy mail, it will be necessary to enclose it (directed and endorsed as ahove) in another envelope, directed to in order to insure its being taien out of the post-ofEce. The depositions must be begun on the day mentioned in the notice. If they cannot be completed on that day, the taking of them may be adjourned to the succeeding day, at the same place, and bet-ween the same hours. The person taking them should, in such case, make the follo-wing entry, closing the busi- ness for that day : Not being able to complete the taking of said depositions, by reason that [here insert the reason] I adjourn the further taking of the same till to-morrow, then to be continued at the same place and between the same hours mentioned in the annexed notice. [Signature and ofScial title.] On the succeeding day let the person taking the depositions commence as follows : Pursuant to adjournment, as above stated, on the day of 18 , between the hours of in the forenoon and in the afternoon, at the , I continued the taking of said depositions, as follows, viz: in continuation of his deposition, commenced yesterday, on his oath further says, &o. The foregoing directions must be strictly observed, or the depositions will be unavailing. COURTS OF MISSOURI. SUPEEME COURT. The supreme court has appellate jurisdiction, and a general superintending control over all inferior courts. It has power to issue, hear and determine original remedial writs. The court consists of three judges, whose term of office is six years, and two of whom are a quorum. Presiding Judge: David "Wagner, of Canton; Associate Justices: "Washing- ton Adsuns, of Boone, and Philomen Bliss, of St. Joseph. Segular terms : At St. Louis, third Monday in March and October ; at Jefferson City, second Mon- day in January and first Monday in July; at St: Joseph, third Monday in Feb- ruary and August. DISTRICT COUETS. The State, except the county of St. Louis, is divided into six districts, in each of which a district court is established, holding two terms annually. COURTS OF MISSOURI. 213 Each district court is held by the judges of the circuit courts emhraojd in the district, a majority of whom are a quorum. The district courts have, -within their respective districts, like original jurisdiction Tvith the supreme court, and appellate jurisdiction from final judgments of the circuit courts, and of all inferior courts of record, -within the district, except probate and county courts. CIRCUIT COURTS. The State is divided into t-w-enty-three circuits, of -which the county of St. Louis is one, and for each of -which, except St. Louis, there is one judge -whose term of office is six years. The circuit court of St. Louis county is composed of five judges. The circuit courts have exclusive original juris iiction in all civil cases which are not cognizable before the county courts ani justices of the peace, and not otherwise pro-vided by law, and concurrent original jurisdiction with justices of the peace, in actions on contract when the amovmt claimed, exclusive of interest, exceeds $50, and in actions for injuries to person or prop- erty, when the damages claimed exceed $20. There are in general, two terms of the circuit covirt annually in each county. COUNTY COURTS. There are three justices of the county court in each county. Pour terms are held annually in each county, commencing on the first Monday of February, May, August and November. In St. Louis count)', a term is held on the third Monday of each month. JUSTICES' COURTS. Justices of the peace have jurisdiction of the following actions : 1st. AU actions founded upon contract, when the debt or balance due or damages claimed, exclusive of interest, shall not exceed ninety dollars. 3d. Actions for injuries to persons or to real or parsonal property, wherein the damages claimed do not exceed fifty dollars. 3d. Actions for a penalty not exceeding one hundred dollars, given by any statute of the State. 4th. To take and enter j ndgment on the voluntary appearance and confession of a defendant, when the amount confessed does not exceed the amount for which a justice of the peace is authorized to render a judgment in an action. In counties ha-ving over fifty thousand inhabitants, justices have jurisdiction to the amount of f200, in the actions first above named ; to the amount of $300 in those named under sub-division 2 ; and to the amount of $100 in actions under sub-division 3. Justices of the peace have no cognizance of actions against any rightful executor or adminislrator ; nor of actions of slander, malicious prosecution, or false imprisonment ; nor of any ac tion where the title to any lands or tenements comes in question. LAV^^S OF NEBRASKA, BBLATING TO CIVIL ACTIONS, DEEDS, WILLS, &c., PREPARED FOB THIS WORK BY COLE & ROBERTS, Esqbs , op Nebeaska City, Nebraska. Revised Statutes, Code, Practice.— The statutes were revieed' in 1866, the revision taking effect July 1, 1866. The practice is under a code of civil procedure, approved Nov. 1, 1858, and in many respects similar to the New York code. Actions. — A civil action is commenced by .filing in the office of the clerk: of the proper court a petition aai precipe, and causing summons to issue thereon. Arrests. — An order of arrest may be had in a civil action on the same grounds as in attachment, except non-residence, absconding, leaving the county or con- cealment. Attacllineilts. — An order of attachment may be had against any non- resident defendant, without an undertaking, where the demand is based on a contract, judgment or decree. An order may also be had where the defendant has absconded with intent to defraud his creditors ; or has left his county, or conceals himself to avoid the service of summons ; or when he is about to re- move his property or convert it into money, or conceals his property, or rights in action ; or where he has assigned, removed or disposed of his property with intent to defraud his creditors; or if the debt or obligation sued upon was fraudulently contracted. In all cases except where the defendant is a non-resi- dent or foreign corporation, an undertaking in double the amount of the demand must be given with one or more sufficient sureties, to be approved by the clerk> for the payment of damages, if the attachment is wrongfully obtained. Claims against tlic estates of persons deceased are barred unless presented within the time fixed by the probate judge, being not less than six, nor more than eighteen months from granting letters testamentary or of administration. This time may be extended three months upon cause shown by a creditor within six months after the time fixed has elapsed. When com- missioners have been appointed to examine and allow claims, no suit can be commenced against the executor or administrator, except to recover real-estate or the possession of personal property, nor can execution or attachment issue against the estate until the expiration of the time fixed to pay debts. Claims LAWS OF NEBKASKA. 215 are olassel and paid ia the foUawing order : lat. funeral expenses ; 2d. ex- penses of last aiobness ; 3d. debts having preference by the laws of the United States ; 4th. debts due other creditors. Deeds, Mortgages, Acknowledgment, Recording.— Deeds of real -estate, or of any interest therein, except leases for one year or less, to operate against any creditor, or any bona fide purchaser for value, must be signed by the grantor in presence of at least one competent witness, and be acknowledged by bim as his voluntary act and deed. Private seals are abolished. Dower may be barred by the vrif e's joining in the deed executed by her husband, and acknowledging the act in the same manner as her husband. If thegrantor should die before acknowledging, or his attendance cannot be procured to make acknowledgment, or he refuses to make the sanie, proof of execution and deUvery may be made by any competent subscribing witness thereto before any officer authorized to take acknowledgments. In case the subscribing vritness is dead, or out of the State, proof of such death or absence may be made, and then the deed proved by proving the hand-writing of the grantor and of the subscribing witnesses. Such deed and proof or acknovrledgment must be recorded in the county where the land lies. Conveyances executed out of the State may be acknowledged according to the laws of the ' State, territory or country where executed, or before a commissioner appointed, by the governor of this State, or, in a foreign country, befoife any minister resident, extraordinary or plenipo- tentiary, charge des affaires, commissioner, commercial agent or consul of the United States. Such acknowledgment shall be certified to by the officer taking the same over his hand and seal of office, when he has a seal. In case instru- ments are executed out of this State and acknowledged before an officer who does not use an official seal, the instrument must have a certificate of the clerk of a court of record in the county, district or State where the acknowledgment is taken attached thereto, under seal, showing that the officer who took the acknowledgment w-^s properly authorized, that the signature of such officer attached to the instrument is genuine, and that the instrument is executed and acknowledged according to the laws of such State, territory or country. Mort- gages must be executed, acknowledged and recorded in the same manner as deeds. Every deed shown by other instruments to have been intended as se- curity in the nature of a mortgage, shall be considered as a mortgage, and no benefit shall be acquired by the record of such instrument unless every instru- ment operating as a defeasance be recorded at the same time as the deed itself. Mortgages may be discharged by satisfaction in the margin of the record, signed by the mortgagee or his personal representative in presence of the county clerk, who shall witness the same ; or by the clerk, in the same manner, when there is presented to him a certificate executed and acknowledged by the mortgagee, stating that the mortgage has been satisfied. The same stay is allowed on fore- closure of mortgage as on other judgments. There is no redemption of lands gold on foreclosure. Suit may be commenced on any delinquency of principal or interest. Such action wi.l be dismissed before decree, or further proceedings stayed after decree, upon payment into court of the amount due and costs, but in the latter case the court will enter a decree of foreclosure to be enforced on further order of the court on a subsequent default. The record of the assign- 216 LAWS or NEBEASKA. ment of a mortgage is not of itself notice to the mortgagor, so as to invalidate - any payment made by him to the mortgagee. CJiatiel mortgages are valid against subsequent purchasers, creditors or mortgagees, if the instrument, or a true copy thereof, is filed and recorded in the office of the county clerk. It is only good for one year after such filing as against creditors and bona fide pur- chasers or mortgagees, unless within thirty days next preceding the expiration of the year the mortgage with a statement exhibiting the interest of the mort- gagee in the property, be recorded. Sale on foreclosure must be public, between the hours of 10 A.M. and 4 p.m. in the county where the mortgage was first re- corded. Aliens may acquire, hold, convey end devise real-estate in the same manner as citizens. SJepwsitiODJS niay be taken ,in this State before any judge, or clerk of court, probate judge, justice of peace, notary public, mayor or chief magistrate of any city or town corporate, or special referee. They may be taken out of the State, by a judge, justice or chancellor of a court of record, a justice of peace, notary public, mayor or chief magistrate of any city or town corporate, a commissioner appointed by the govei-nor of this State, or any person author- ized by special commission from this State. Notice of taking such depositions must be served on the opposite party, his agent or attorney prior thereto, speci- fying the time and place, and must be served so as to allow sufficient time to travel to the place of taking and one day for preparation, exclusive of Sundays and the day of service. Non-residents may be notified by publication three consecutive weeks in a newspaper printed in the county in which the action is pending. The deposition must be written in the presence of the officer taking the same, by the officer, witness or some disinterested person, and must be sub- cribed by. the witness. A certificate must be attached to the deposition, show- ing : 1. That the witness was first sworn to testify the truth, the whole truth, and nothing but the truth ; 3. That the deposition was reduced to writing by some proper person, (naming him); 3. That the deposition was written and sub- scribed in the presence of the officer certifying thereto ; 4. That the deposition was taken at the time and place specified ; 5. That the officer taking was not an attorney or relative of either party, or otherwise interested. ExccutiOM, and Stay of.— E.^ecutions may issue at any time after judgment. That first issued is first satisfied, except that no preference shall be given writs issued during the term at which judgment was rendered, or within ten days after such term. Writs may issue to any county in the State, and to several counties simultaneous'y. Executions must first be satisfied from goods and chattels, and if thes3 are insufficient, then from lands. They are returnable in sixty days. There is no redemption of property sold on execu- tion ; title thereto becomes absolute on confirmation of sale, any subsequent re- versal notwithstanding. In case of appeal, or proceedings in error, execution is stayed till final decision, upon giving bond. Executions on judgments in the district court, or of a probate judge under the 1300 jurisdiction, may be stayed one year, upon the defendant giving a bond, with sufficient security, condi- tioned for the paym,ent of the judgment with interest and costs. -Execution on a justice's judgment may be stayed, on giving a lite undertaking, as follows : LAWS OP NEBBASKA. 217' for five dollars or les3, sixty days ; fifty dollars or leB3, ninety days ; one hun- dred dollars and under, six mouths. Exemptions find. Homestead lce«ls, BIoirtgEBges, AclsnowlejigBSieMt, lEecordBisg. — A seal is necessary for a deed. It should be an impression on wafer or wax. Official seals and seals of court may be on the paper alone. Deeds or other conveyances of real-estate must be signed and sealed by the party granting the same, at- tested by two or more witnesses, aoknowleilged by such grantor before a justice of the peace, notary public or commissioner, or before a minister or consul of the United States in a foreign country, and recorded at length in the registry of detds, in the county in -which the lands lie. A married woman need not be separately examined. Leases for more than seven years require to be executed and recorded -with all the formalities of a deed. Mortgages of real estate require the same formalities as deeds. Mortgages of personal property may be made in ■ this State, to secure a debt due and owing, or as an indemnity, or to secure the fulfillment of any existing contract, -which must be stated specifically in the condition of the mortgage. Each mortgagor and mortgagee must make and subscribe an affidavit upon the mortgage, in substance as follows, viz: "We severally swear that the foregoing mortgage is made for the purpose of secur- ing the debt specified in the condition thereof, and for no other purpose what- ever ; and that said debt was not created for the purpose of enabling the mortgagor to execute said mortgage, but is a just debt, honestly due and LAWS or NEW HAMPSHIEE. 233 owing from the mortgagor to tte mortgagee.'' If the mortgage is given as indemnity, or to seuure the fulfillment of a contract, the affidavit must be varied so aa to verify the validity, truth and justice of . the liahility or agreement. Personal-property mortgages must be recorded in the office of the town clerk, in the town in which the mortgagor resides, if he resides in this State ; if not, in the town in which the property is situate ; or the possession of the property must be delivered to and retained by the mortgagee. Foreclosure of mort- gages of real-estate, may be made by entry under due process of law upon the .premises, and by peaceable entry iuto the mortgaged premises, and actual, con- tinued peaceable occupation. In either case the occupation must be for one year, and the mortgagor may redeem the premises by performance of all things secured by the mortgage, and payment of all damages and costs resulting from non-performance of the same, or by a legal tender thereof, at any time before the expiration of the year of occupation. In foreclosure by peaceable entry, certaia notices prescribed by the statute must be published, also certain affi- davits recorded in the Registry of Deeds. Foreclosure of mortgages of personal property may be made at any time after thirty days after condition fcroken, and the property or any part thereof sold at auction, upon giving four iiays notice, as provided by statute. DepOSitioiSS of any witness in a civil cause may be taken and used at the trial, unless the adverse party proctires the witness to attend. The party de- siring to take the deposition must give to tte adferse party or his attorney a notice signed by a justice of the peace or notary public,- stating the day, hour and place of taking the same ; the same to be served three days before the day of the caption, and one day's additional notice must be given for every addi- tional twenty miles, provided that twenty days' notice shall in all cases be suffi- cient. Whenever notice is served less than seven days before the caption, Sun- days are to be excluded in computing the' time. No person can write the testi- moBy, or act as magistrate in taking the same, who would be disqualified to act as juror on the trial of the cause, for any reason except exemption from service as a juror. The respondent in any criminal case may take the deposition of any person in his behalf, upon giving the same notice of the caption thereof to the solicitor of the county, that is required in civil causes to a party. And the deposition may be used on trial of the cause whenever the court may be satis- fied that its use may be necessary for the promotion of justice. Execution and iStay of. — Execution may be issued at any time after twenty-four hours after rendition of judgment, and within two years after judgment, or the return of the former execution. Stay of execution is never made unless by special order of court, and then very rarely, except when a writ of review, is brought immediately, and upon bonds being given for debt and costs, and upon satisfactory evidence being furnished the court that the other party has not sufficient visible property to answer the judgment should the de- cision be reversed on trial of the review. Exemptions, and Homestead Eaw.— The following goods and property are exempt from attachment, and from levy upon execution : Neces- sary wearing apparel of the debtor and family ; comfortable beds, bedsteads and 234 LAWS OF NEW HAMPSHIRE. tedding for the debtor, bis wife and children; household fiirniture to the value of one hundred dollars ; the Bibles and school books in use in the family ; one cow and four tons of hay ; one hog and one pig and the pork of the same when slaughtered; boots and library to the value of two hundred dollars; tools of his occupation to the value of one hundred dollars ; provisions and fuel to the value of iifty dollars ; beasts of the plow, not exceeding a yoke of oxen or a horse, when required for farming or teaming purposes, or other actual use ; six sheep and the fleeces of the same ; one cooking stove and furniture belonging to the same • the uniform, arms and equipments of every officer and private in the militia; the debtor's interest in one pew in any meeting house where they usually worship ; the debtor's interest in one lot or right of burial in any cem- etery; one sewing machine kept for use. Homestead; the wife, widow and children of every person who is the owner of a homestead, or of any interest therein, occupied by them or either of them, shall be entitled to so much of the same as shall not exceed in value five hundred dollars, as against the creditors' grantees and heirs of such person, for and during the life of such wife, or widow, and the minority of such children ; and in case the same cannot be satisfied out of said homestead, the exemption or any part thereof may be assigned or set off in any other real-estate in which the debtor or deceased person may have an ownership, but not to exceed the sum of five hundred dollars. • Interest.- Six per cent, per annum is the legal rate, unless a lower rate is stipulated. Any person receiving upon any contract a higher rate than six per cent, forfeits three times the excess to the person suing therefor. Stipulation for usurious interest does not invalidate the contract. The money actually ad- vanced may be recovered with legal interest. Judgments, and Iiicn of. — Judgments create a lien on property at- tached on the writ for thirty days it^ora the rendition of judgment, and the levy of execution must be commenced within that time. Meiiiew : After trial and judgment in any suit either party may of right review and have a new trial, and upon petition and by showing good cause, the court will grant leave at any time within three years. Liien of Mechanics, &c. — Any perfon to whom a tax is assessed upon the property of another person, has a lien upon the property and its in- come unto, the tax is paid. Boarding-Iiouse keepers have alien upon the baggage and goods of their guests, except seamen, for their board. Keepers of doinestio animals have a lien upon them for their board or pasturing. Laborers upon vessels, or any one furnishing materials therefor, have a lien on the vessel for four days after it is completed. Laborers or any person furnishing materials to the amount of fifteen dollars or more by contract with the owner, have a lien on the buildings and on the lot of land on which they stand for the space of sixty days after the labor performed or materials furnished. Lumbermen have the same lien and for the same time, upon the wood, bark, logs or lumber, as laborers on buildings. These several liens may be secured by attachment within the time specified, and take precedence of all other attachments. liimitation of Actions. - Actions for the recovery of real-estate ; upon LAWS OF NEW HAMPSHIRE. 235 notes secured by mortgage ; actions upon judgments, recognizances and con- tracts under seal, maybe brought ■within twenty years after the cause of action ac- crues. Actions of trespass to the person, and for defamatory words, must be brought within two years ; and all other personal actions within six years after the cause of action accrues, and not afterwards. "When there is a legal disability, real actions must be brought within five years, and all others actions within two years after the removal of such disability. In all personal actions if the defendant was absent, and residing out of the State at the time the cause of action accrued, or afterward, the time of such absence shall be excluded in computing the time limited for the bringing of the action. Writs of error may be sued out in three years after judgment. Scire facias against indorsers of writs and bail are limited to one year. Married. Women may hold property to their sole and separate use, provided they did not obtain the same by payment or pledge of the property of their husbands ; and may dispose of the same by will. IVotes, Bills, and Protest. — Bills of exchange, drafts, orders, and negotiable promissory notes, are payable with three days' of grace allowed, unless payable on demand, or otherwise so expressed as to show that the parties did not intend to allow grace. Any such paper falling due on Sunday, Thanks- giving day, Fast day, or Cbristmas day, or on the Pourth of July, or the twenty- second day of February, or the following day, when either of the two days last mentioned occurs on Sunday, are payable and to be executed on the day next preceding, not being one of said days, and may be noted and protested on such next preceding day. Notice 'to charge the indorser or other collateral party, may be given on the day next following, not being one of said days. Upon a, promissory note payable on demand, presentment and demand of payment must be made of the promissor, within sixty days from the date thereof, in order to charge an indorser upon the same. And so far as the indorser is concerned, any demand upon the promissor made after the expiration of said sixty days, will not be considered as made within a reasonable time. Taxes are a lien on real estate. Land may be sold for unpaid taxes, and may be redeemed at any time within one year by any person interested in the land, by paying or tendering the amount for which the land was sold, with twelve per cent, interest thereon from the time of such sale. At the expir- ation of one year, the coUeotor shall execute to the purchaser or his heirs, on request, a deed of the land so sold and not redeemed. Wills must be proved and allowed by the court of probate to become effectual, and to pass real-estate or personal property, or to change or in any way affect the same, must be made by a person of the age of twenty-one years, sound mind, in writing, signed and sealed by the testator, or by some person in his presence, and by his express direction, and attested and subscribed in his presenoeby three or more credible witnesses, no one of whom should be a devisee or [legatee. Nuncupative wills, when the property exceeds one hun- dred dollars, must be declared in presence of three witnesses, who are requested by the testator to bear witness thereto, in> his last sickness, and in bis usual 236 LKVa OF NEW HAMPSHIRE. dwelling, except when lie was taken siok away from home, and died before his return. And a memorandum thereof must te reduced to writing within six days, and presented for probate within six months from the making thereof. Witnesses. — JHo person is exousei or excluded from testifying in a suit by reason of interest therein. No party can testify when the adverse party is aa executor, administrator, or the guardian of an insane person, unless the said ex- ecutor, administrator or the guardian of the insane party, elects to testify, or unless it clearly appears to the court that injustice may be done without the testimony of the party, and the ruling of the court admittin^or rejecting the testimony may be excepted to and revised. In an action brought by an in- dorsee or assignee of a bill of exchange, promissory note or mortgage against an original party thereto, the defendant shall not testify in his own behalf, if either of the original parties to such bill, note or mortgage is dead or insane, unless the plaintiff elects to testify himself or to offer the testimony of an orig- inal party thereto. Husband and wife are competent witnesses for or against each other in all cases, except where it clearly appears to the court that the ex- amination of either would lead to a violation of marital confidence. No person is incompetent to testify on account of having been convicted of an infamous crime, but the record of such conviction may be used to affect his credit as a witness. Persons charged with crime may, at their own request and not other- wise, be competent witnesses in the trial of any indictment, complaint or other proceedings against them. The opinions of witnesses as to value of property may be received as evidence thereof when it appears to the court that they are qualified to judge of its value. The a:3mis5ibility of evidence in other cases is to be determined by the rules of the commoli law. Certificates of Acknowledgnieiit, &c., of Deeds. %X^^f ;1-^ A. B. personally appeared and acknowledged the foregoing instrument to be his voluntary act and deed. Before me [name and title of offieej:'] Instructions and Forms for taking: Depositions. The witness must sign his deposition and make oath that it contains the truth, the whole truth, and nothing but the truth, relative to the cause for which it was taken. The officer taking the deposition must make a caption and annex the same to the deposition, wliich caption should be substantially as follows, viz : State op ' ? rs • County of 1 5. ' Personally appeared before me, the subscriber, a for said county, the within named A. B., at the office of in in said county, on the day of 187 , and made solemn oath that the within deposition, by him sub- scribed, contains the truth, the whole truth, and nothing but the truth, relative to the cause for which it was taken. -The said deposition is taken at the request LAWS OP NEW HAMPSHIRE. 237 E. F., of , to be used at the supreme judicial court, to be held at in and for the county of , on the day of next, in a plea vherein , of , is plaintiff, and said E. E. is defendant ; and the taking of the same was by me commenced at o'clock in the noon on said first mentioned day, and continued till the -whole was completed ; the said A. B. being duly notified, was present and did not object ; the deponent living more than ten miles from the place of trial, is the cause of this caption. [Ifame and. title of officer.'] If the adverse party did not attend, so state in the caption and aimex the copy of original notice, with the officer's return thereon to the caption. If original papers are referred to, the magistrate should annex them, and make a minute upon them that they may be identified. If taken out of the State, and not before a commissioner of New Hampshire, annex the certificate of the secretary of State or clerk of the county court, that the person acting as magistrate is properly qualified. The deposition should be sealed up by the magistrate taking the same, in an envelope, and directed to the court or justice before whom the same is to be used, with a brief description of the case, and be so delivered into court. The usual form of description on envelope is : " En- closed is a deposition to be used in the action in which is plaintiff, and is defendant. Sealed up by [name and title ofoffimr~?l' COURTS OF NEW HAMPSHIRE. SUPREME JUDICIAL COUET. Jurisdiction. — The Supreme Judicial court has general jurisdiction of all civil and criminal actions ; and appella.te jurisdiction in all actions brought in justices', police and probate courts; also in all matters pertaining to highways, either in laying out, altering or discontinuing the same. It has also exclusive cognizance of all petitions for divorce or nullity of marriage. It is also vested ■with f uU equity powers. Chief Justice : Henry A. Bellows, Concord. Associate Justices : Jonathan E. Sargent, Concord ; Charles Doe, Kollinsford ; Jeremiah Smith, Dover ; Wil- liam L. Eoster, Concord ; William S. Ladd, Lancaster. By Act of June, 1872, the division of the State into judicial districts is abolished. Law terms are held at Concord for the whole State, commencing on the first Tuesdays of June and December. At least one trial term of the court is held annually in each county. PKOBATE COURTS. The Probate Court has jurisdiction of the probate of wJUs, and of granting administration and of all matters relating to the sale, settlement and final dis- tribution of the estates of persons deceased. Also of the appointment ajid removal of guardians of minors, insane persons, and spendthrifts, and in rela- tion to the adoption of children, the assignment of dower and homestead in estates of deceased persons, and as to trustees appointed by will in the cases prescribed by law. The court has also jurisdiction of all assignments for the benefit of creditors, and of partition of real-estate where there is no controversy about the title. This court also has authority to change the names of individ- uals, upon petition of the parties, and when 'thought advisable by the judge. Parties have a right to appeal to supreme judicial court in all oases. POLICE COURTS. In places where established, police courts supersede and have the same juris- diction as justices of the peace. JUSTICES OP THE PEACE. Justices of the peace have jurisdiction of civil actions where the damages claimed do not exceed thirteen dollars and thirty-three cents, and in which the title to real-estate is not involved. They also have jurisdiction of minor crim- inal offences, and may hold to bail, or commit to jail for the want thereof, for appearance at the supreme judicial court in even the gravest offences. Either party in civil causes, and the respondent in criminal prosecutions, may appeal from the decision of the justice to the supreme judicial court. LAWS OF NEW JERSEY PREPARED POB THIS WOBK BY THB EDITOR, WITH THE AID OP WILLIAM p. WILSON, Esq., op Elizabeth, N. J. Revised Statutes, Practice, &c.— The last revision of the statutes was ia 1846. Chief Justice Beasley, Judge Depue and Hon. Courtlaud Parker are now preparing a revision. A digest of the laws to 1868 is published, by John T. Nixon. The practice is according to common law. Actions. — In personal actions, where the plaintiff is not entitled to bail, the first process is a summons, a copy of which must be served on the defendant in person at least two entire days before its return, or left at his dwelling house or usual place of abode, at least six days before its return ; and where the plaintiff is entitled to baU, the first process is a capias ad respondendum. In justices' courts the summons must be served at least five days before the time of appear- .ance named therein, by reading the same to the defendant, and delivering him a copy, when, required, if he be found ; and if not found, by leaving a copy at his house or place of abode in the presence of some free person of the family of the age of fourteen years, who shall be informed of the contents thereof. Arrests. — The writ of capias ad respondendum isnot to be issued in an action founded upon contract, except upon proof, made on oath or affirmation, before a justice of the supreme court, or one of the commissioners to take bail and -affidavits in said court, that there is a debt or demand founded upon contract due to the plaintiff from the defendant, specifying its nature and establishing one or more of the following particulars : 1. That the defendant is about to remove any of his property out of the jurisdiction of the court in which an action is about to be commenced, with intent to defraud his creditors. 2. That he has property or rights in action which he fraudulently conceals. 3. That he has assigned, removed, or disposed of, or is about to assign, remove, or dis- pose of any of his property, with the intent to defraud his creditors. 4. That he fraudulently contracted the debt or incurred the obligation respecting which such suit is brought The writ of capias ad satisfaciendum may issue upon a judgment founded upon contract, upon satisfactory proof being made before either of the officers above named, establishing either of the particulars above specified, or that the defendant has rights or credits, moneys or effects, either in his own possession or in the possession of any other person to his use, of the value of fifty dollars or over, which he unlawfully and fraudulently refuses to apply in payment of such judgment. Where an order to hold the defendant to bail has been made, as above provided, the plaintiff may, upon recovery of judgment in such action, issue zfcapias ad satisfaciendum, without other or fur- ther proof. Warrants and executions to arrest the body of the defendant can 240 LAWS OF NEW JEBSET. issue out of any court for the trial of small causes in any action of debt, or other action founded upon contract, only upon like proof being made before a justice of tlie peace. A female cannot be arrested in a civil action. Attachments. — A creditor may have a writ of attachment, to attach the real and personal property and credits of his debtor, upon making and filing his; aifidavit, specifying the amount of his claim, and that he verily believes that his debtor absconds from his creditors, and is not to hii knowledge or belief resident in the State at the time. If the creditor is not in the State, his agent or attorney may make the affidavit. Such attachment may issue by a justice of the peace for any sum not exceeding $100. Claims against estates of persons deceased.— In the case of solvent estates, when an order has been made by the orphans' court, requir- ing creditors to bring in their claims within such time as said court may appoint, the court may, upon satisfactory proof that notice has been duly given, order thai aU creditors who have not brought in their claims within the time so limited, shall be forever barred. Such claims must be presented in writing, specifying the amount claimed and the particulars of the claim. In the case of insolvent estates the physician's biU during the last sickness of the decedent, the funeral charges and expenses, and any judgment entered against the de- cedent in his life time, and unsatisfied, shall have a preference. Claims must be exhibited, duly verified, within such time as the orphans' court may direct. Claims not exhibited within the time so appointed are barred, unless the estate prove sufficient after satisfying aU claims exhibited and allowed, or such creditor find other estate not inventoried, in which case he may receive a rateable pro- portion out of the same. Ueeds, Mortgages, Acltiio-wledgment, Kecording.— Deeds must be sealed with wax or wafer. A married woman must be examined separately. The certificate of acknowledgment must state that the oflicer first made known to the grantor the contents of the instrument, and that he signed, seale;! and delivered the same as his voluntary act and deed; and in the case of a married woman, that on a.private examination, apart from her husband, she acknowledged that she signed, &o., freely, without any fear, threats or compul- sion of her husband. If the instrument is proved by a subscribing witness, such witness must be personally known, or his identity must be proved to the officer, by the oath of another. The name and place of residence of the witness must be stated in the certificate, with the substance of his testimony. The certificate may be endorsed or annexed. Acknowledgment or proof may be made without the State, but within the United States, (the party or witness not residing in this State,) before a judge of the supreme or district court of the United States, or a, judge of the supreme, superior or common pleas court of any State or territory, the chancellor or a judge of a district or cir- cuit court of a State, the chief magistrate of a city, duly certified under the seal of said oily; or a commisaioncr fcr New Jersey, if the party or witness resides within the State for which he is appointed ; and when made before a judge of a court of common pleas there must be a certificate, under the great seal of the State, or the seal of the county court in which it is made, that he is such LAWS OF NEW JERSEY. 241 officer. Suoli acknowledgments may also te taken, when the grantor resides out of the State, before any officer who at the time of the acknowledgment or proof is authorized by the laws of the State or territory where the grantor resides to take the same in and for such State, provided such acknowledgment' ia made in conformity with the laws of this State, and there he a, certificate nnder the great seal of the Slate or territory, or seal of a court of the county in which it is made, that the person is such officer. If the party or witness resides in a foreign State, it may he made before any court of law, or mayor or other chief magistrate of a city, borough or corporation of said foreign State, certified by said court, m.ayor or chief magistrate, in the manner such acts are usually au- thenticated by them ; or before an ambassador, public minister, chargfe d'affaires, consul or vice-consul, secretary of legation, or the representative of the United States at a foreign court. Conveyances must be recorded by the clerk of the court of common pleas of the county within 15 days after the time of signing, sealing and delivering the same, or they will be void as against a subsequent judgment creditor or bona-fide purchaser or mortgagee for a valuable considera^ tion, without notice thereof. Chattel mortgages, not accompanied by an im- mediate delivery and followed by an actual and continued change of possession of the things mortgaged, shall be void as against creditors and subsequent pur- chasers and mortgagees in good faith, unless the mortgage, or a copy thereof, is recorded in the clerk's office of the county where the mortgagor resides; or, if not a resident, where the property is ; and a copy must be filed within thirty days next preceding the expiration of the year, with a statement exhibiting the interest of the mortgagee, or the mortgage will cease to be valid after one year. Aliens, not being at the time subjects of a power at wa,r with the United States, may purchase and hold lands, and take tl:e same by devise or descent. Depositions. —A commission directed to one or more persons, for the examination of witnesses out of the State, may issue upon application to tho court, after issue joined and upon five days' notice of the application. The names of the witnesses must be inserted in the commission, and the interroga- tories annexed thereto. Depositions may also be taken out of the State, before a chancellor, judge of a supreme, circuit, or district court, commissioner for New Jersey or commissioner appointed by the court, upon due service of a notification to the adverse party to be fresent at the taking, and put interro- gatories if he see fit. ExecMjion, rantl Stay of. - Executions bind the property or goods of the debtor from -the time of delivery, to the officer to be executed. No exe- cution is stayed by any writ of error or supersedeas, unless a bond be given with sufficient sureties. In justices' courts, if the judgment debtor appear at the return day, or on the day judgment is rendered, and j^rocure a good and sufficient freeholder, resident in the county, to join wifh him in a confession of judgment to the adverse party, with costs, and the judgment is not more than $15 nor less than f 5, execution will be stayed until one month from the time of rendering judgment ; if the judgment exceed $15 and does not exceed $60, it will be stayed for three months ; and when it exceeds $60 for six months. Executions may also be stayed on appeal from justices' judgments to 16 242' LAWS OP NEW JEESET. the court of common pleas, upon filing a sufficient appeal bond. A sale of lands under an execution entitles the purchaser to a conveyance without any rig-ht of redemption. £]xen9i>tion§ auA Iloinestead liaw. - Household goo-Za, chattels, imd tradesmen's tools, to the value of $300, and all wearing apparel, the prop- erty of any debtor having a family residing in the State, are exempt from execution. The lot, and buildings thereon, occupied as a residence and owned by the debtor, being a householder and having a family, are exempt to the value of $1,000 ; and such exemption continues after the death of such house- holder for the benefit of the widow and family, some one of them continuing to occupy the same, until the youngest child shall become 31 years of age, and until the death of the widow, and such exemption cannot be released or waived ; b\it such property shall be liable for taxes, or for la,bor done or materials fur- nished therefor, or for the purchase thereof. To entitle to this exemption, the conveyance must show the design to hold the property as a homestead, or a notice thereof must be executed, acknowledged and recorded. Imterest. — The legal rate is seven per cent. In case of usviry the principal only can be recovered, without any interest or costs. Jutdgment SilKfl liSCil of.— Judgments are a lien on real-estate from the time of entry on the minutes or records of the court. liien ©f Meclsailics, &C. — Persons performing labor or furnishing materials for the erection of any building.may have a lien therefor on such building, and on the land whereon it stands, including the lot or curtilage whereon the same is erected. A like lien is also given for repairs, if the agree- ment is made matter of record. Where a building is erected in whole or in part by contract in writing, such building and the land on which it stands shall be liable to the contractor alone, provided such contract, or a duplicate thereof, is filed in the office of the county clerk before such work is done or materials furnished. Every person intending to claim a lien must file his claim and have a summons issued in a suit to enforce the same, within one year after the labor is performed or materials furnished. The lien of mechanics is extended to mills and manufactories where work is done or materials furnished in repairing any fixed machinery or other fixtures for manufacturing purposes. A lien is also given upon ships and vessels for any debt, amounting to S30 or upwards, con- tracted within the State by the master or agent of the ship for work, materials, provisions or wharfage. Such lien continues for nine months, and has prefer- ence over all other liens except mariners' wages. It may be enforced by war- r.mt to seize the vessel, her tackle, &c. UimitSfttiwrn ©f Acfsoass.— Actions must be brought after the cause of action accrues, as follows: 1. Within twenty years: for the recovery of real- estate or the possession thereof, and upon judgments of courts of record of this State ; the time during which the person entitled to bring such actions shall have been under the age of twenty-one years, feme covert or insane, shall not be computed as any part of said period ; and if the person against whom there may be a cause of action on such judgment is not a resident of this State when the LAWS OP NEW JERSEY. 243 ■caxi83 of action accrues, or removes from tlie State after the same aoorues andte- fore the said time of limitation expires, the time of absence from the State shall form no portion of such term of limitation. 3. Within sixteen years : actions for rent founded upon a lease under seal ; upon a specialty, and upon an award of ajrbitrators under seal ; hut if a payment is made on such lease, specialty or award, the action may be brought within sixteen years thereafter ; and there are the sime savings as to disabilities and absence from the State as above spec- ified. 3. Within nine years: upon sheriffs' bond. 4. Within six years : actions of trespass quare clausumfrer/it, trespass, detinue, trover and replevin for taking away of goods and chattels, of debt founded upon any lending or contract with- out specialty, for arrearages of rent due on a parol demise, of account and upon the case, except for slander, and except such actions as concern the trade or merchandise between merchant and merchant. 5. Within four years: actions of trespass for assault, menace, battery, wounding or imprisonment, and actions upon bond of constable. 6. Within two years : actions upon the case for words. But any person under either of the disabilities above named may bring any of the actions named in the divisions numbered 4, 5 and 6, except upon bond of constables, within the same time after removal of such disability ; and the same saving as to time of absence from the State, above specified, applies to the divi- sions 3, 4, 5 and 6. If any person against whom there is a cause of action un- der either of the divisions 1, 2, 3, or upon a constable's bond, die before the ex- piration of the times limited therein, the space of six mouths next succeeding his death is not to be computed as a part of the time of limitation. Married WoBlien. — The real and personal property of any female mar- rying after March 25, 1852, and which she owns at the time of her marriage, and the rents, issues and profits thereof, is not subject to the husband's disposal, ■nor liable for his debts, but continues to be her sole and separate property, as if she were a single female. A married woman may receive by gift, grant, devise, iequest or descent, and hold to her sole and separate use, as if she were a single female, real and personal property. She may insure her husband's life for her own benefit, but the annual premium must not exceed $100. She may mate a covenant in a deed executed by her, with or without her husband, but the same shall not be of any force, except so far as relates to land owned by her, or in such deed stated to be owned by her in her own right, though such covenant shall estop her and all persons cLiiming under her, as if she were a feme sole. Her separate property, as well as the property of her husband, is liable for debts contracted by her in transacting any business or purchasing any property, £nd a suit may be brought against both, or the survivor of them, on such debt. If above the age of twenty-one years she may make a will of real or personal property, as if she were a, feme sole, but not eg as to dispose of any interest to which her husband would by law be entitled at her death. She may, if living- separate from her husband, bring suit, in any court of record, for the redress of any wrong she may have suffered, or for the recovery of any right withheld, and for that purpose cause her husband's name to be joined with hers, though without his consent, upon filing a bond to the defendant, in at least $300, with ■■sufficient security ; and her husband cannot interfere with such action. The wife cannot convey her property by deed without the concurrence of her bus- 244 LAWS OE NEW JBKSEYi band, unless living separate from hiin. under the final decree of a competent court, or he be of unsound mind, or imprisoned on conyiction of a crime. On her death, her husband is entitled to administer, and to Uke all her personal' property. The widow is entitled to have one-third of the land of the deceased set off to her for life, if there is no wUl, and is entitled to one-third of the per-^ sonal property, as her own, or one-half, if there is no child. Notes, Bills and. Protest. — Checks, biUs of exchange and drafts, which on their face appear to have been drawn on any bank or banking association, payable at sight, or on a specified day, or in any number of days after date or sight, are deemed due on the day mentioned for payment, without any days of grace ; other sight drafts are entitled to three days' grace. When comimereial paper falls due on any day appointed by the governor for a day of fast or thanksgiving, or on Christmas day, the first of January, or the fourth of July,, the same shall be payable on the day next preceding, and may be noted and protested on Such preceding day, but notice of the dishonor need not be given until the day next after such holiday ; and when either of said days falls on Monday, notice of the dishonor of such paper as shall be payable on the pre- ceding Saturday, need not be given until the Tuesday next after such holiday ; and when either of said holidays occurs on Sunday, the foregoing provisions ap- ply to the Monday following, the same as if such holiday had happened on said Monday. Notaries are required to record, in a book kept for the purpose, the facts as to demand, notice and service. The certificate of a notary appointed under the laws of this State, or of any other State or Territory of the United States, under his hard and seal, is conclusive evidence of the facts therein stated, and of his official character, provided the party offering the same has annexed a copy thereof to his pleading as a schedule, and provided also that any party may contradict such certificate by other evidence, by giving due no- tice of his intention so to do. Xaxes.— Any assessment of taxes made against any person residing out of the State, or foreign corporation residing out of the county in which the land is located, on account of any real-estate of such person or corporation, shall be a lien on such real-estate for two years from the time the same were payable. If such taxes remain unpaid for one year after they were payable, the real estate may be sold after sixty days' advertisement, for the shortest term for which any person wiU take the same, and pay the taxes with interest, costs, and charges. 'Wills. — Any person of the age of twenty-one years, of sound mind, may make a will. Wills must be in writing, signed by the testator in the presence of two witnesses present at the same time, or the making thereof acknowledged by him, in the presence of two such witnesses, and in their presence declared by him to be his last will, they subscribing their names thereto as witnesses in his presence. No nuncupative will is good, when the property bequeathed exceeds $80 in value, unless proved by the oaths of at least three witnesses, who wero present at the making thereof, nor unless it be proved that the testator at the- t:me of pronouncing the same, bid the persons present, or some of them, beat ■witness that tuch f, as his will, ncr unless it was made in the time of his last. LAWS OF NEW JERSEY. 245 ■sickness, and in tlie house of his habitation, or -where he had been resident for ten days next before the making, except where he was taken sick being from tome, and died before his return. After six months from the speaking of the words, no testimony shall be received to prove such will, unless the testimony or the substance thereof was committed to writing within six days. But a s:)ldier in actual military service, or a mariner at sea, may dispose of his personal estate, without a compliance with these requirements. "Witnesses. -No person convicted of a felony, or of laroency of above the value of six dollars, shall be admitted as a witness, unless first pardoned; and no person convicted of perjury or subornation of perjury, although pardoned, shall be admitted as a witness. No person is disqualified as a witness in any civil suit, by reason of interest as a party or otherwise, but such interest may be shown for the piu-pose of affecting his credit. Certificates of Acltnowledgment, &c., ot Deeds. 1. By GrKANTOB. State oj' County of Be it remembered, that on this day of 18 , before the sub- scriber, a [title of ofBcer] personally appeared A. B.* who I am satisfied is the grantor in the within deed of conveyance n^med ; and I having first made known to him the contents thereof he did acknowledge that he signe 1, sealed and de- livered the same as his voluntary act and deed for the uses and purposes therein [Seal.] [Signature and title.] 2. By Husband and Wife. [As above to the *] and C. B. his wife, who, I am satisfied, are the grantors in the within deed of conveyance named; and I iiaving first made known to them the contents thereof, they severally acknowledged that they signed, sealed and delivered the same as their voluntary act and deed, for the uses and purposes therein expressed. And the said 0. B., being by me privately exam- ined, separate and apart from her husband, did further aokuowledge that she signed, sealed and delivered the same as her voluntary act and deed, freely, without any fear, threats or compulsion of her said husband. 3. By an Attobnbt in Pact. [As abDve in form 1. to the *] who, I am satisfied, ia the attorney in fact of C D. the grantor named in the foregoing conveyance; and I having first made known to him the contents thereof, he acknowledged that he signed, sealed and delivered the same in the name and as the voluntary act and deed of the said C. D. for the uses and purposes therein mentioned. 4. By Subsceibing Witness. JAs above in form 1. to the *] of full age, with whom I am personally ao- 246 LAWS OF NEW JEESEY. quainted [or, whose identity was proven to me by the oath of M. N. to me per- sonally known, who resides at J and whom I know to he the subscrih- ing witnefs to the execution of the foregoiDg deed, and who being duly sworn by me, did depose and say, that he resides in the town of in the county of , in the State of ; that he knew C. D. the person described in and who executed the said deed ; that he saw the said C. D. sign, eeal and deliver the same as his voluntary act and deed ; and that the said C. D. acknowl- edged to him that he executed the same; and that he, the said A. B. thereupon became the subscribing witness to the execution of the said deed, which is tO' me satisfactory evidence of the due execution of the said deed. Iiistrnctious and Forms for Taking: Depositions. 1. When taken under a commission, the commissioner must first take an oath, before any person authorized to administer the same, faithfully, fairly, and im- partially to execute the commission. The witness must then be sworn, and his examination be reduced to writing and signed by the witness, and also by the commissioner, who shall annex the examination and aU. exhibits to the commis- sion, and close up the same under his hand and seal, and direct it to the chan- cellor or judges of the court out of which it issued, at tl;e place of holding the court, and place the eame in a post-office, certifying thereon the time when and the post-office in which the same may be so placed. Or the commissioner may deliver the same, closed up and directed as aforesaid to the party, his attorney or agent. 3. When taken upon notification, tlie officer taking the testimony must first be sworn as above, and then the witness, being sworn, shall be examined upon interrogatories then and there to be put by the parties, or either of them, or any one in their behalf, and such interrogatories and the answers thereto shall be reduced to writing by the officer, and be subscribeci by the witness in hia presence. It shall then be certified, sealed up, endorsed, directed and forwarded as above. Caption. Be it remembered, that on this day of 18 , at I, [name and title of officer] the commissioner therein named, having first taken an oath faithfully, fairly, and impartially to execute the said commission, before who is lawfully authorized to administer oaths and affirmaticns in said proceeded to examine the witnesses hereinafter named, upon the interrogatories annexed to said commission as therein directed, and caused such examination to be taken down in writing, and signed by the witnesses respectively, and signed the same myself as hereinafter follows : A. B. one of said witnesses, ap- pearing before me and being by me first duly sworn on the holy evangelists, according to law, [or, and alleging h'mself to be conscientiously scrupulous of taking an oath, and being thereupon duly affirmed by me, and having solemnly, sincerely, and truly declared and affirmei ; 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 me according to law] that the answers he should give to the said interrogatories, to be proposed to him in the sa,id cause, menticned in COURTS OP NEW JEESEY. 247 Baid commission, should te tlie trutli, the whole truth, and nothing but the truth. To the first interrogatory he says, &o. Cektificate. State of , ) County of , J ®^' I, the commissioner within named, do hereby certify and return to the court for that I 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 said commission, and the accom- panying interrogatories annexed. Given under my hand and of&eial seal, this day of 18 [Seal] [Name and title.'] COURTS OF NEV\^ JERSEY. COURT OF ERRORS AND APPEALS. The Court of Errors and Appeals has appellate jurisdiction only, and is the court of last resort. There are three terms of the court held annually at Trenton. COURT OP CHANCERY. Tte Court of Chancery has jurisdiction over all oases in equity and exclusive original jurisdiction in divorce cases. CTuinceUor : Abraham O. Zibriskie, of Jersey City ; OUrh : H. S. Little, of Trenton ; Repm'ter : 0. E. Green, of Trenton. Three terms annually at Trenton. SUPREME COURT. The Supreme Court has appsllate jurisdiction, and also original jurisdiction of all suits of a c'.vil nature at law, but if the judgment be for less than two hundred dollars, the prevailing party recovers no costs. It consists of a chief justice and six associate justices, namely : Chief Justice: Mercer Beasley, of Trenton; Associate Justices: Joseph D. Bedle, of Jersey City ; Vanoleve Dalrimple, of Morristown ; George S. Wood- hull, of Camden ; David A. Depue, of Newark ; Bennet Van Syckel, of Trenton ; Edward W. Scudder, of Trenton; Attorney-Qeneral: Robert Gilchrist, of Jer- 248 COUBTS OF NEW JEESEY. sey City ; Glerk : B. F. Lee, of Trenton ; Meporter : Peter D. Vroom, of Trenton. Three terms annual'y at Trenton. CIRCUIT COURTS. The State is divided into seven judicial districts. The justices of the supreme court assign one of said districts to each of their number, and thereafter the circuit court in each of the counties of the several districts is held by the jus- tice to whom such district is so assigned. They have concurrent civil original jurisdiction with the supreme court, and appellate jurisdiction of judgments, orders, and proceedings in the courts for the trial of small causes, and in the common pleas. If less than one hundred dollars is recovered, in a suit brought in the circuit court, no costs are allowed to the prevailing party unless before the commencement of the suit he has filed an affidavit that he believes the sum due, or the damages, exceeds $100. Three terms of the circuit court are held annually in each county. COURT OF COMMON PLEAS. The court of common pleas has oononrrent jurisdiction with the circuit coiiit and appellate jurisdiction from courts for the trial of small causes. The jus- tices of the supreme court are ex-officio j udges of the court of common pleas and orphans' court. ORPHANS' COURTS. They have the usual jurisdiction of courts of probate. JUSTICES' COURTS. Justices of the peace have jurisdiction over every suit of .a civil nature at law where the debt, balance, or other matter in dispute, does not exceed, exclu- sive of coats, the sum or value of one hundred dollars, except replevin, slander, trespass for assault, battery, or imprisonment, and actions wherein the title to lands, etc., comes in question. Their courts, styled courts for the trial of small causes, are courts of record. LAVV^S OF NEV\^ YORK EELATING TO CIVIL ACTIONS, DEEDS, WILLS, &c., PKBPABED FOR THIS WORK BY THE EDITOE. Revised. Statutes, Code, Practice.— The last authorized revision •of the statutes was in 1829. There is a revison in seven volumes by Hon. J- "W. Edmonds, bringing the statute law down to July 1st, 1870. The practice is under the code of procedure, emcted April 12th, 1848, which abolished the then existing forms of actions aiid pleadings, in ca=:es at common law, and the distinction between legal and equitable remedies. Actions. — tinker the code, remedies in courts of justice are divided into actions and special proceedings. An aetian is defined to be " an ordinary proceed- ing in a court of justice, by which a party prosecutes another party for the en- forcement or protection of a right, the redress or prevention of a wrong, or the punishment of a public offeEce:" every other remedy is a special proceeding. Actions are either civil or criminal : a criminal action is prosecuted by the people of the State, as a party, against a person charged with a public offence for the punishment thereof : every other is a civil action. Parties to ciril actions : Every action must be prosecuted in the name of the real party in interest. In the case of an assignment of a thing in action, the action by the assignee shall be without prejudice to any set-off or other defense existing at the time of or before notice of the assignment ; but this does not apply to a negotiable promis- sory note or bill of exchange, transferred in good faith, and upon good con- sideration, before due. An executor, administrator, trustee of an express trust, or person expressly authorized by statute, may sue without joining with him the person for whose benefit the action is brought. A "trustee of an ■express trust" here includes a person with whom, or in whose name, a contract is made for the benefit of another. When a married woman is a party, she may sue alone when the action concerns her separate property; and when the action is between herself and her husband she may sue or be sued alone ; in other cases her husband must be joined with her. An infant must appear by , guardian. Civil actions in the courts of record, are commenced by the service of a summons, which must be subscribed by an attorney, be directed to the defendant, and require him to answer the complaint and serve a copy of his answer on the person whose name is subscribed to the summons, at a, specified place within the State, in which there is a post ofiice, within twenty days after .service, exclusive of the day of service. The plaintiff must insert in the sum- mons a' notice ia substance, as follows: 1. In an action on contract for the 250 LAWS or NEW YORK. recovery of moEey only, that te yiSl take judgment for a sum specified therein^ if defendsnt fails to answer -witliin twenty days after pervioe of the sumiEOES^ 3. In other actions, that if defendant fail to answer as above, he will apply to the court for the relief demanded in the complaint. Unless a copy of the com- plaint is served with the summons, the summons must state where the complaint is or will be filed ; and then if the defendant within twenty days after service of the summons, cause notice of appearance to be given, and demand in writing a copy of the complaint, specifying a place within the State where it may be served, a copy must be served accordingly within twenty days thereafter, and the defendant has twenty days after such service to answer. If the action afii'eots real-estate, the plaintiff may, at the time of filing the complaint or at any time afterwards, file with the clerk of each county in which the property is situated, a notice of the pendency of the action, containing thenames of the parties, object of the aolion , and description of the property in that county. In foreclosiire actions the notice must be filed twenty days before judgment. This is constructive notice to every person whose conveyance is subsequently executed or recorded. Ser- ■Dice: The •summons maybe served by any person not a party to the action. The service is made by delivering a copy: 1. If the suit be against a corpora- tion, to the president or other head of the corporation, secretary, cashier, treas- urer, a director or managing agent; but if a foreign corporation, it must have property within the State, or the cause of action must have arisen within the State, or the service be made within the State, personally upon the president, treasurer or secretary. 3. If against a minor under the age of fourteen years,, to the minor personally, and also to his father, mother or guardian, or if there be none within the Stale, then to any person having the care and control of the minor, or with whom he shall reside, or in whose service he is employed. 3. If against a person judicially declared to be of unsound mind, or a person inca- pable through habitual drunkenness of conducting his own affairs, and for whom a committee has been appointed, to such committee, and to the defendant personally. 4. In all other cases, to the defendantpersonally. Service ly publi- cation: Where the person on whom the service is to be made cannot, after due diligence, be found within the State, and that fact appears by affidavit to the satisfaction of the court, and it in like manner appears that a cause- of action exists against such defendant, or that he is a proper party to an action relating to real property in the State, an order that the service be made by publication of the summons may be granted in either of the following cases :. 1. Where the defendant is a foreiga corporation, has property wiihin the State, or the cause of action aroie therein. 3. Where the deEtndant being a re.-ident of the State, has departed therefrom, with intent to defraud his creditors, or to- avoid the service of a summon.?, or keeps himself eanoealed therein with lik& _ intent. 3. When he is not a resident of the State, but has property therein, and the court has jurisdiction of the subject of the action. 4. Where tho subject of the action is real or ];ersenal propertiy in the State, end the defendant has or claims some lien or interest therein, or the relief demanded consists in excluding him from my interest or lien. 5. Where the action is for divorce. The publi- cation must be made in two newspapers, designated by the judge, not less than ouoe a week for six weeks, at the expiration of which time the service of the summons is deemeed complete. Servi.e of the summons is proved: 1. If LAWS OF NEW YOEK. 251 served, by the sheriff, by his certificate. 2. If by any other person, by his affi- davit of service. 3. If by publication, by affidavit of the printer, his foreman or principal clerk, Tvith affidavit ol: deposit of the summons in the post-office, if the same was so deposited. 4. The written admission of the defendant. A voluntary appearance of a defendant is equivalent to a personal service of the summons on him. A non-resident may be required to give security for costs to the amount of $350, and the attorney commencing an action for u. non- resident is liable for costs to the amount of |100, if such security is not given. In the marine court of the city of New York the answer is required to be served within six days after service of the complaint. In the justices' courts an action is commenced by service of process issuing from the court, requiring the de- fendant to appear at a time and place specified. In the case of residents, pro- cess is returnable in not less than six nor more than twelve days ; in the case of non-residents, in not less than two nor more than four days. The pleadiugs may be oral or written. Pleadings. The first pleading on the part of the plaintiff is the complaint which must contain : 1. The title of the cause, the name of the court, the name of the county in which the plaintiff desires the trial to be had, and the names of the parties to the action. 3. A plain and con- cise statement of the facts constituting a cause of action. 3. A demand of the relief to which the plaintiff supposes himself entitled. If the recovery of money be demanded, the amount must be stated. The only pleading on the part of tte defendant is a demurrer or an answer. It must be served within twenty days after service of the complaint. The defendant may demur, when it appears upon the face of the complaint : 1. That the court has no jurisdic- tion of the person of the defendant, or the subject of the action ; or, 3. That the plaintiff has not legal capacity to sue ; or, 3. That there is another action pending between the same parties for the same cause ; or, 4. That there is a defect of parties, plaintiff or defendant ; or, 5. That several causes of action have been improperly united ; or, 6. That the complaint does not state facts sufficient to constitute a cause of action. When any of these objections does not appear upon the face of the complaint it may be taken by answer. Answer. The answer must contain : 1. A general or specific denial of each material al- legation of the complaint controverted by defendant, or of any knowledge or information thereof sufficient to form a belief ; 3. A statement of any new mat- ter constituting a defence or counter-claim, in ordinary and concise language, without repetition. The defendant may demur to one or more of several causes of action staled in the complaint, and answer the residue, liep^y. When the answer contains new matter, constituting a c;,unter-claim, the plaintiff may, within twenty days, reply to such new matter, denying each allegation contro- verted by him, or any knowledge or information thereof sufficient to form a be- lief ; and he may allege any new matter, not inconsistent with the complaint, constituting a defence to such new matter ; and may demur to an answer con- taining new matter, where upon its face it does not constitute a claim or de- fence ; and he may demur to one or more such defences or couutercldims, and reply to the residue of the counter-claims. Defendant may demur to a reply of plaintiff to any defence set up by the answer of the defendant, if such reply be insufficient. Pleadings must be sub.- cribed by the party or his attorney; and when any pleading isverjfiedevery subiequent pleading, except a demurrir, 252 LAWS OF HEW YORK. must also te verifie i. The allegations of a pleading must be liberally construed for tbe purpose of determining its ejBfect, with, a view of substantial justice be- tween the parties. Amendinents. Any pleading may be amended by the party, of course, and without costs, at any time within twenty days after the service of the answer or demurrer to such pleading'. Amendments by the court are to be liberally made, in furtherance of justice ; and every error or defect in the pleadings or proceedings which does not affeot the substantial rights of the ad- .verse party, is to* be disregarded by the court in every stage of an action. Trial. An issue of law must be tried by the court, unless it be referred; an issue of fact, in an action for the recovery of money only, or of specific real or personal property, or for a divorce for adultery, must be tried by a jury, unless a jury be waived, or a reference be ordered. Other issues are tria,ble by the court, which, however, may order the whole issue, or any specific question of fact in- ,volved therein, to be tried by a jury, or may refer it. All or any of the issues in the action, except in actions for divorce, may be referred upon written con- sent of the parties. Where the parties do not consent, the court may, where the trial will not require the decision of difficult ques'ions of law, direct a reference : 1/ Where the trial of a question of fact requires the examination of a long account on either side. 2. Where the taking of an account is necessary for the information of the court. 3. Where a question of fact, other than upon the pleadings, arises in any stage of the action. There may be one or more referees, not exo^'eding three. The trial by referees is conducted in the same • manner as a trial by the court. The report of the referee upon the whole issue stands as the decision of the court, and judgment may be entered on it in the same manner as if the action liad been tried by the court. When the reference is to report the facts, the report has the effect of a special verdict. Arrests. — The defendant may be arrested: 1. In an action to recover dam- ages, on a cause of action not arising out of contract, where the defendant is not a resident of the State, or is about to remove therefrom, or where the action is for an injury to person or character, or for injuring, or wrongfully taking, de- taining or converting property. 3. In an action for a fine or penalty, or on a promise to marry, or for money received, or property embezzled or fraudulently misapplied, by a public officer, or by an attorney, solicitor or counsellor, or by an officer or agent of a banking association, in the course of his employment as such, or by any factor, agent, broker or otlier person in a fiduciary capacity, or for any mi=conduct or neglect in office, or in a professional employment. 3. In an action to recover the possession of personal property unjustly detained, where the property, or any of it, has been concealed, removed or disposed of, so that it cannot be found or taken by the sheriif, and with the intent that it should not be so found or taken, or with the intent to deprive the plaintiff of the benefit thereof. 4. When the defendant has been guilty of a fraud in contracting the debt or incurring; the obligation for which the action is brought, or in conceal- ing or disposing of the property, for the taking, detention or conversion of which the action is brought, or where the action is brought to recover damages for fraud or deceit. 5. Where the defendant has removed or disposed of his property, or is about to do so, with intent to defraud his creditors. But no female shall be . arrested, in any action, except for a wilful injury to person, character or prop- LAWS OF NEW YOKE. 253." erty. The order of arreslmay be made by a judge wten it is Bhown to him. by aifidavit that there is a tuiEcieut cause of action, and that one o{ the aboTe named grounds of arrest exists. The plaintiff must also give security, in at least the sum of one hundred dollars. The defendant can be discharged on bail, or upon depositing the amount named in the order of arrest. AttacImsciatS. — In an action arising on contract for the recovery of money ■ Only, or in an action for the wrongful conversion of personal property, against a corporation created under the laws of any other State or country, or against a defendant who is not a resident of this State, or who has absconded or concealed himself, or whenever any person or corporation is about to remove any of his or its property from the State, or has assigned, disposed of or secreted, or is about to assign, dispose of or secrete any of his or its property, with intent to defraud creditors, as hereinafter mentioned, the plaintiff at the time of issuing the summons, or any time afterwards, may have the property of such defendant attached, as a security for the satisfaction of such judgment as he may recover, the action in this case to be deemed commenced when the summons is issued, provided the same be personally served, or publication be commenced, within thirty days. The warrant may issue when it appears by affidavit that a cause of action exists against the defendant, and the amount of the claim and the grounds thereof, and that the defendant is either a foreign corporation, or not a resident of the State, or has departed therefrom with intent to defraud his creditors, or to avoid the service of a summons, or keeps himself concealed therein with the lite intent, or that such corporation or person has removed, or is about to remove, any of his or its propertiy from the State, with intent to defraud his or its creditors, or has assigned, disposed of or secreted, or is about to £ siiign, dispose of or secrete, any of his or its property, with the like intent, whether such defendant be a resident of the State or not. Security must be given by the plaintiff to, at least, the sum of two hundred and fifty dollars. Beal and personal property, and debts due defendant, can be attached under the warrant. Attachments are aUo allowed in justices' courts. Claims against Estates ©f persons deceased.— After six months from the time of granting letters, testamentary or of administration, the executor or administrator may give notice by publication once a week for six months, in a newspaper printed in the county, to creditors to exhibit their claims with vouchers, at or before & day named, not less than six months from the day of first publication. An affidavit may also be required of the claimant that the claim is justly due, that no payments have been made thereon, and that there are no offsets against the same to his knowledge. Debts are to be paid in the following order: 1. These entitled to preference under the laws of' the United States. 3. Taxes assessed previous to the death of the deceased. 3. Judgments dcoketed, and decrees enrolled against the deceased, according to their priority. 4. All recognizances, bonds, sealed instruments, notes, bills, unliquidated demands and accounts. If a claim is disputed, the executor may enter into an agreement in writing with the claimant to refer it to three di^in- terested persons, to be approved by the surrogate. The matter is tried before ■ them in the same manner as a reference in an action. If a disputed or rejected. 254 LAWS OF NEW YORK. ■claim i3 not referred, the claimant must witHn six months after such dispute or rejection, if the debt or any part of it is due, or within eix months after some part thereof has hecome due, commence a suit for the recoTery of the claim, or tie tarred from maintaining an action on it. The delay or omission of the executor to publish the notice will not prejudice a person having a claim ■against the estate. Deeds, Mortgages, Acknowledgment, Kecording. — Every- ^rant in fee or of a freehold estate, must be subscribed and sealed by the grantor, or his lawful agent. The seal should be an impression on wax or wafer. One subscribing witness is necessary, unless the grantor acknowledge the instru- ■ment. Married women conveying their separate estate acquired s'nce the act of 1848, and those residing without the State and joining their husbands in a deed, need not be separately examined. Certificates may be annexed or en- dorsed. A married woman residing in the State must acknowledge on a private examination apart from her husband, that she executed the conveyance freely, without any fear or compulsion of her husband. Acknowledgments without the State, but in the United States, may be taken before a judge of the United States supreme, circuit or district court, or of the supreme, superior, or circuit ■court of any State or territory, or before a judge of the TJnitei States circuit court in the district of Columbia, (such acknowledgment to be taken at a place within the jurisdiction of the officer) ; or before the mayor of a city, or a New York commissioner, but the certificate of such commissioner must be accom- panied by a certificate of the secretary of the State of New York, attesting the existence of the officer and the genuineness of his signature ; and such commis- sioner can act only within the city or county in which he resided at the time of his appointment ; also before any officer suihoriaed by the laws of the State or Territory to take proof or acknowledgment, where the officer knows or has satisfactory evidence of the identity of the person executing the instrument. To the certificate of the officer, there must be subjoined or attached a certificate under the name and official seal of the clerk, register, recorder or a prothonotary of the couiity in which such officer resides, or the clerk of any court thereof, having a ECiil, specifying that such officer was at the time of taking such proof or acknowledgment, ' duly authorized to take the same, and that such clerk, register, recorder, or prothonotary is well acquainted with Ihe handwriting of euoh officer, and verily believes that the fig-nature to said certificate of proof or acknowledgment is genuine. When taken without the United States, If the party is in other parts of America, or in Europe, before a minister plenipoten- tiary, or extraordinary, or cliarge d'affaires of the United States, resident and accredited there ; or in any foreign port or country, before any United States consul, vice consul, deputy consul, consular agent, vice consular agent, commer- ■cial agent or vice commercial agent, resident in such foreign port or country ; in the Dominion of Canada, before the judge of any court of record, or the mayor of any city ; in the British dominions, before the lox-d mayor of London, or chief magistrate of Dublin , Edinburgh or Liverpool. Recording : Every con- veyance of real-estate within the State, must be recorded in the office of the ■clerk of the county where such real-estate is situated ; and if not so recorded, it shall be void as against any subsequent purchaser in good faith, and for a LAWS OF NEW YORK. 255 valuabls consideration, whose conveyance shall be first recorded. Chattel mort- gages, not accompanied by an immediate delivery, and followed by an actual and continued change of posse.?8ion of the things mortgaged, are void as against the creditors of the mortgagor, and subsequent purchasers and mortgagees in good faith, unless the mortgage or a true copy is filed in the town or city where the mortgagor resides, at the time of executing the mortgage, and if not a resi- dent of the Stats, then in the city or town where the property is at the time of execution. Such mortgage ceases to be valid, asto creditors, &o., after one year from filing', unless within thirty days next pre oeeding the expiration of the year, a copy of the mortgage, with a statement of the naortgagee's interest in the prop- erty, is again filed. An alien resident in the United States, upon making and filing in the ofBce of the Secretary of the State a deposition that he is, and in- tends always to be such resident, and to become a citizen as soon as he can be naturalized, and that he has taken incipient measures therefor, may take and Tiold real-estate, and may during six years thereafter dispose of the same as if he were a citizen, except that he cannot lease it. Depositions. — When an issue of fact hasbeenjoined in action in a court of record, the testimony of a witness not residing within the State, may be taken under a commission issued to one or more competent persons, authorizing them or any one of them to examine such witness on oath, upon the interrogatories •annexed to the commission. Execution and Stay of.— Executions may issue, without leave of court, at any time within five years from the entry of judgment. After five years, leave of court must first be had, on proof that some part of the judg- ment is unpaid — unless execution was issued and returned unsatisfied in whole or in part within the five years. The lien of the execution attaches upon all the goods of the defendant within the jurisdiction of the sheriff, as soon as the writ is delivered to the officer. An execution is stayed, on appeal from the judgment, by giving the required undertaking, in double the amount of the judgment, with sureties. Exemptions and Homestead L,aw,- The Mlowingproperty, when ■owned by any person being a householder, is exempt from levy and sale under any execution, and such articles thereof as are movable, shall continue so ex- empt while the family of such person, or any of them, may be removing from one place of residence to another: All spinning wheels, weaving looms and stoves, put up and kept for use, in any dwelling house ; one sewing machine, with its appurtenances ; the family bible, family pictures and school books, used by, or in, the family of such person ; books, not exceeding in value fifty dollars, kept and used as part of the family library : a seat or pew, occupied by such person or his family in any plaoo of public worship ; ten sheep, with their fleeces and the yarn or cloth manufactured from the same ; one cow, two swine and the necessary food for them ; all necessary pork, beef, fish, flour and vegetables actually provided for family use, and necessary fuel for the family for sixty days; all necessary wearing apparel, (including a watch), beds, bedsteads and bedding for such person and his family ; arms and accoutrements required by law to be kept by such person ; necessary cooking utensils ; one table, six chairs, 256 LAWS OF NEW YOEK. six knives and forks, six plates, six tea cups and saucers, one sugar dish, one milk pot, one tea pot and six spoons ; one crane and its appendages, one pair of andirons, a shovel and tongs; the tools and implements of any mechanic neces- sary to the carrying on of his trade, not exceeding twenty-five dollars in value. There are also exempt : necessary household furniture, working tools and team ; professional instruments, furniture and library owned by any person being a householder, or having a family for which he provides, to the value of $250;. the necessary food for said team for ninety days and a sewing machine; pro- vided, that the exemption shall not extend to an execution issued on a demand for the purchase money of such articles. Shares in certain building associations are exempt to the amount of |600. Also the pay and bounty of any non-com- missioned officer or soldier in the military or naval service of the United States, and any sword, horse, medtl, emblem or device presented to such person. These exemptions do not apfly to judgments in the city of New York for work or services by a female employee, when the amount does not exceed $15; nor t& judgments for work and labor performed by domestics. Homeitead: The lot and buildings thereon occupied as a residence and owned by the debtor, being a householder and having a family, are exempt, to the value of $1,000. Suchu exemption continues after the death of such householder, for the benefit of the widow and family, some one of them continuing to occupy the homestead, until the youngest child becomes twenty-one yfears of age, and until the death of the widow. To entitle a party to this exemption the conveyance must show that it is designed as a homestead, or a notice of such intent must be executed and recorded in the county clerk's office. But such property is not exempt from sale for taxes or assessments, or for a debt contracted for the purchase thereof, or prior to the recording of such deed or notice. Interest. — The legal rate of interest is seven per cent. Excess of interest paid may be recovered by action brought within one year. All usurious con- tracts are void. The taking of usury is punishable as a misdemeanor. Cor- porations cannot interpose the defence of usury. Judg'inent aisd l.ieBl of. — If the defendant fail to answer the com- plaint the plaintiff may, in an action on contract to retfover money only, have judgment by filing with the clerk proof of service and that no answer has been received ; and in other actions, upon application to the court, upon like proof. The court may then take the proof, or order a reference, or that the damages be assessed by a jury. If a demurrer, answer or reply be frivolous, judgment may be rendered thereon, upon application to a judge of the court, on notice of five days. A judgment is a lien from the time of filing the judgment roll, or a transcript thereof, on the real property, in the county, of the defendant, which he may have at that time, or shall acquire at any time thereafter for ten years, exclusive of the time during wliich proceedings on such judgment may have, been restrained by any order, or by the operation of an appeal. liicsn ®f Meclianics, &c. — Inn-keepers, workmen and bailees have a lien as at common law. The same lien is given by statute to the "keeper of a boarding house. Persons who perform labor or furnish material, in erecting, altering or repairing any house or building, are entitled to a lien for the value LAWS OF NEW YORK. 257 of suoh labor and material, upon the lot and building, to the extent of the in- terest of the owner of the property at the time of filing notice of the lien. The mechanics lien law is not uniform throughout the State ; in most of the coun- ties the notice of lien must be filed within 30 days after completing the labor or furnishing the materials ; in New York City at any time before the whole work is completed, snd within three months after the work is done or the mat- erials furnished, if the -work is then finished or abandoned. Liimitation of Actions. — For real property the general rule is 40 years against the State, and 20 years against all others. Actions must be brought within 20 years : 1, Upon a judgment or decree of any court of the United States, or of any State or territory within the United States. 3. Upon a sealed instrument. Within 6 years : 1. Upon a contract, obligation or liability, ex- pressed or implied, except those above mentioned. 2. Upon a liability created by statute, other than a penalty or forfeiture. 3. For trespass upon real property. 4. For taking, detaining or injuring any goods of chattels, including actions for the specific recovery of personal property. 5. For criminal conversation, or for any other injury to the person or rights of another, not arising on con- tract, and not hereinafter enumerated. 6. For relief on the ground of fraud, in cases heretofore solely cognizable by the court of chancery ; the cause of action in suoh oases, not to be deemed to have accrued until the discovery by the ag- grieved party of the facts constituting the fraud. Within three years: 1. Anac- tion against a sheriff, coroner or constable, upon a liability incurred by the doing of an act in his oflicial capacity, and iu virtue of his office, or by the omission of an of&cial duty ; including the non-payment of money collected upon an execu- tion; this does not apply to an action for an escape. 3. Upon a statute for a penalty or forfeiture, where the action is given to the party aggrieved, or to such party and the people of the State, except where the statute imposing it prescribes a different limitation. Within two years : 1. An action for libel, slander, assault, battery or false imprisonment. 3. Upon a statute for a for- feiture or penalty to the people of the State. Within one year: An action against a sheriff or other officer for the escape of a prisoner arrested or impri- soned on civil process. , In an action upon a current account the cause of action is deemed to have accrued from the time of the last item proved in the account on either side. Any other action for relief must be brought within ten years after the cause of action accrues. Foreign corporations cannot plead the statute. If the defendant is out of the State when the cause of action accrues, the ac- tion may be commenced within the terms above limited, after his return into the State ; and if, after the pause of action accrue, he depart from and reside out of the State, or remain continuously absent for one year or more, the time of such absence shall not be deemed any part of the time limited. If a person entitled to bring an action, (other than in relation to real-estate, or for a penalty or forfeiture, or against a sheriff or other officer for an escape), be within the age of twenty-one years, insane, or imprisoned on a criminal charge, or in exe- cution under the sentence of a criminal court, the time of such disability is no part of the time limited, except that the period of limitation cannot be ex- tended more than five years by any such disability, except infancy, and it can- not in any case be extended longer than one year after the disability ceases. 17 258 LAWS OF NEW YORK. Persons under the lite disabilities may bring actions in regard to real-estate ■within ten years after the removal of the disability. Married. W"omen.— By Act of 1848, which took effect April 37th, it is provided that the real and personal property of any female who may hereafter marry, and which she shall own at the time of her marriage, and the rents, issues and profits thereof, shall not be subject to the disposal of her husband, nor be liable for his debts, and shall continue her sole and separate property, as if she were a single female ; also, that the real and personal property, and the rents, issues and profits thereof of any female' now married, shall not be subject to the disposal of her husband, but shall be her sole and separate property as if she were a single female, except so far as the same may be liable for the debts of her husband heretofore contracted. By Act of 1849, taking effect May 1st, it is further provided that any married female may take by inheritance or by .gift, grant, devise or bequest, from any person other than her husband, and hold to her sole and separate use, aiid convey and devise real and personal property, and any interest or estate therein, and the rents, issues and profits thereof, in the same manner and with like efiect as if she were unmarried, and the same shall not be subject to the disjosal of her husband, nor liable for his debts. By Act of 1860, taking effect April 9th, the property which a married woman ac- quires by her trade, business, labor or services, carried on or performed on her sole or separate account, is secured to her as her separate property. The same Act provides that she may bargain, sell, assign and transfer her separate per- sonal property, and carry on any trade or business, and perform any labor or services on her sole and separate account ; and that she may sell and convey her separate real-estate, and enter into covenants for title, which shall bind her sep- arate estate. This Act makes her estate liable for debts contracted by her, as the agent of her husband, for support of herself or her children. It also pro- vides that, in relation to her separate property, and for any injury to her person or character, she mfty sue and be sued as if she were sole ; that her husband cannot bind his child to service, or create a testamentary guardian therefor, without her written consent; and that he is not bound by her contracts in re- lation to her property or business. A married woman may effect insurance on the life of her husband for her sole use, but the premium therefor payable in any one year out of the property of the husband shall not exceed $500. A mar- ried woman may act as executrix, administratrix or gu&rdian, may make a will, and devise real-estate. Notes, Bills antl Protest. — A promissory note expressed to be pay- able on demand, is deemed dishonored after the lapse of a reasonable time, even though not presented for payment, so far as to divest the note of its negotiable character, although the same delay will not discharge an indorser. A creditor who takes the note, draft or check of his debtor, payable at a future day, there- by suspends his right of action upon the debt until the maturity of such paper. The payee of a non-negoliable note, who indorses and transfers it for value, may be charged as a guarantor without proof of demand or notice of non-payment. A note payable to the order of the maker or of a fictitious person, if negotiated bv the maker, has the same effect as if payable to bearer. An acceptance of » LAWS OF KEW YOBK. 259 till of exchange must be in writing, signed by tbe person to be charged or his lawful agent ; if written on a paper other than the bill, it will not bind the ac- ceptor, except in favor of a person to whom the acceptance has been shown, and who has received the bill on the faith thereof and on a valuable consideration. An unconditional promise in writing to accept a bill before it is drawn, is deemed an acceptance in favor of a person who has received the biU upon the faith thereof, and for a valuable consideration. Bills of exchange payable at sight, at any place within the State, are payable without days of grace ; so also are checks, biUs or drafts drawn upon a bank, banking association or individual banker, which on their face are payable on any specified day, or in any number of days after date or sight. Protest: The first day of January, 33d of February, 4th of July, 35th of Decembsr, and any day appointed or recommended by the Governor of the State or the President of the United States as a day of fast or thanksgiving, and the day for holding the general State election in any year, are as regards presenting for payment or acceptance, protest, and notice, to be treated as Sunday; and when either of those days occurs on Sunday, the fol- lowing Monday is deemed a holiday ; and in such cases all paper made since April 33, 1870 which would otherwise mature on either of those days, whether bearing grace or not, is payable on Tuesday. The notary's certificate of pre- sentment, protest and notice, under his hand and seal, is presumptive evidence of the facts contained in it. Taxes.— Whenever a tax charged on lands remains unpaid for two years from the first day of May following the year in which the same was assessed, such land is to be sold by the comptroller, who gives to the purchaser at such sale a certificate, describing the lands purchased and the price paid. The owner or occupant of the land may f edeem, within two years after the sale, by paying to the treasurer the sum named in the certificate with interest at the rate of ten per cent, per annum. The holder of a recorded mortgage, who has filed a notice of the mortgage within two years of the sale, is entitled to redeem within six months after receiving from the purchaser notice of the sale, which must be served within two years from the day of sale. S Wills. — All persons, except idiots, persons of unsound mind and infants, may devise their real-estate. Every male person of the age of eighteen years or upwards, and every female of the age of sixteen years or upwards, of sound mind and memory, may give and bequeath personal estate by will. No nuncu- pative will is valid, except that of a soldier in actual military service, or of a mariner while at sea. Wills must be subscribed by the testator, at the end of the will, and in the presence of each of the attesting witnesses, or be acknowl- edged by the testator to each of said witnesses ; and at the time of such sub- scription or acknowledgment he-must declare the instrument so subscribed to be his last will and testament. At least two witnesses are required, each of whom must sign his name at the end of the will, at the testator's request. Witnesses. — No person is incompetent to be a witness on account of hia opinions on matters of religious belief. No person convicted of a felony, or of perjury or subornation of perjury, is a competent witness until the judgment be reversed. Parties to the 'action and persons interested are admissible. The 260 LAWS or NEW YOBK. husband or wife of a party to an action is oompetent and compellable to give evidence, the same as any other witness, on behalf of any party to such action, except as bslow stated. A husband or wife is not oompetent or compellable to give evidence for or against the other, in any criminal action or proceeding, (except to prove the fact of marriage in case of bigamy), or in any action or proceeding instituted in consequence of adultery, or for divorce on account of adultery, (except to prove the fact of marriage), or for criminal converEation. No husband or wife is compellable to dieclose any confidential communication made during marriage. No party to an action, nor any person interested in the event thereof, nor any person through whom fuch party or person interested derives an interest or title, can be examined as a witness in regard to any per- sonal transaction or communication between such witness and a person at the time of such examination deceased, insane or lunatic, against the executor of such insane person or lunatic, or against any other person deriving title from, him. This prohibition does not extend to any transaction as to which such executor, &c., shall be examined on his own behalf, or as to which the testimony of the person so deceased, &c., shall be given in evidence. Certificates of Acknowledgment, &c., of Deeds. 1. 'Within the State, by Geantob known to the Ofpicbk. State op County of 'Jss: On this day of in the year 18 , before me personally came A. B.* to me known to be the individual descr^&ed in and who executed the within [or foregoing, or annexed] conveyance [or instrument] and acknowledged that he executed the same for the purposes therein mentioned. [Signature and title.'] 2. By Gbantok not known to the Ofeiceb. [As above to the *] proven to me satisfactorily to be the individual described in and who executed the within conveyance, by the oath of E. P., 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 A. B, and that he knew him to be the same person described in and who executed the within conveyance, and thereupon the said A. B. acknowledged before me that he Aecuted the same, for the purposes therein mentioned. 3. By Husband and Wipe, known to the Officek. [As in form 1 to the *] and C. B. his wife, to me known to be the individuals described in and who executed the -within conveyance, and severary acknowl- edged that they executed the same, for the purposes therein mentioned. And the said C. B., on a private examination by me made, apart from her husband, acknowledged that she executed the same freely, and without any fear or com- pulsion of her said husband. LAWS or NEW YOEK. 261 4. By Husband and Wifb, resident without the State. [As in form 1 to the *] and C. B. Hs wife, who reside at in the State of , and who are known to me to be the indiyiduals de- scribed in and who executed the within conveyance, and severally acknowl- edged that they executed the same, for the purposes therein mentioned. 5. By Attorney in fact, knowjn to the Oppicee. [As in form 1 to the *] the attorney of C. D., known to me to be the indi- vidual described in, and who as such attorney executed the within conveyance, and acknowledged that he executed the same as the act and deed of C. D. there- in described, and for the purposes therein mentioned, by virtue of a power of attorney duly executed by the said C. D , bearing date the day of in the year 18 , [and recorded in the office of the register, in and for the city and county of , on the day of in the year 18 .] 6. By Executor ob Trustee. [As in form 1 to the *] the executor of the last will and testament, [or, trus- tee of the estate] of C. D., to me known to be the individual described in, and who executed the within conveyance, and acknowledged that he executed the same as such executor [or trustee] as aforesaid, for the purposes therein men- tioned. 7. Proof by SuBscRiBtNa Witness known to the Officer. State of County of ;i' On this day of , in the year 18 , before me personally came M. N., subscribing witness to the within conveyance, with whom I am personally acquainted, who being by me duly sworn said that he resided in the city of , that he was acquainted with A. B. and knew him to be the person described in and who executed the said conveyance, and that he saw him exe- cute and deliver the same, and that he acknowledged to him, the said M. N. that he executed and delivered the same, and that he, said M. N., thereupon subscribed his name as a witness thereto. 8. Proof op Deed of a Corporation, signed by the President. [As in form 1 to the *] the president of the bank, of the city of , "with whom I am personally acquainted, who being by me duly sworn said that he resided in the city of , that he was the president of the bank, that he knew the corporate seal of said bank; that the seal affixed to the within oonveyanoe was such corporate seal; that it was affixed by the order of the board of directors of said bank, and that he signed his name thereto by the like order, as president of said bank. 262 LAWS or new york. 9. Acknowledgment without the State. State of , ) ^g. County of , 5 ', -^ Be jt rememtered that on thia day of 18 , at , before the •undersigned, a commissioner resident at , appointed by the executive authority and under the laws of the State of New York, and duly qualified to take acknowledgment and proof of deeds in said , to be used and re- corded in the said State of New York, personally came \_&c., as in any of the pre- ceding forms^ In witness whereof I have hereunto set my hand and affixed my ofScial seal, the day and year first above written. [Signature and title,'] [Seal.] Instructions and Forms for taking Depositions. These are sent with the commisBion. Those given in this work for the Courts of the United States are sufficient. COURTS OF NEW YORK. The courts of the State are : The court for the trial of impeaohmejits, the court of appeals, commission of appeals, supreme court, circuit courts, courts of oyer and terminer, county courts, courts of sessions, courts of special sessions, surrogates' courts, courts of justices of the peace, the superior court of the city of New York, the court of common pjeas for the city and county of New York, mayors' courts of cities, recorders' courts of cities, the city court of Brooklyn, the superior court of the city of Buffalo, the marine court of the city of New York, the marine court of the city of Buffalo, the justices' (district) courts in the city of New York, the justices' courts of cities, the police courts. Tlie court for the trial of impeachraents is composed of the president of the sen- ate, the senate, and the judges of the court of appeals. COURT OF APPEALS. The jurisdiction of this court is appellate only. It has exclusive jurisdiction to review every actual determination made, at a general term, by the supreme court, the superior courts of the cities of New York and Buffalo, and the court of common pleas for the city and county of New York, in the case of judgments and of certain orders. The court consists of a chief judge and six associate judges, who hold their offices for the term of fourteen years ; but no person can hold the of&ce of a judge of any court in the State longer than until the first day of December after he shall be seventy years of age. Any five mem- bers of the court form a quorum, and the concvirrence of four is necessary to a decision. This court is in session during the greater portion of the year, with such recesses as the court may direct. OhUf Jud^e: Sanford E. Church. Associate Judges : William F. Allen, Mar- tin Grover, Kufus W. Peckham, Charles A. Bapallo, Charles J. Folger, Charles Andrews. Clerk : Edwin O. Perria. Reporter : Hiram G. Sickles. COMMISSION OF APPEALS. This court was organized under the amended judiciary article of the Consti- tution adopted in lt;69. It was created for the purpose of disposing of the causes accumulated in the Court of Appeals ; and all causes pending in that court on the first day of January, 1869, were transferred to the Commission. It was to continue not longer than three years. A proposition to extend the term of the court is to be submitted to the popular vote, in Nov. 1873. The court is composed of the four judges, who, at the time of its organization, con- 264 COUBTS OF NEW YOEK. stitutei the Court of Appeals, and a fiftli judge, appointed by the goTernor. Four of the commissioners form a quorum. The decisions of the court have the same force as those of the Court of Appeals. Chief Commissioner : John A. Lott. Commissioners : Hiram Gray, Robert Earl, Ward Hunt, [one vacancy.] Clerk : Wm. H. Benjamin. Beporier : Hiram Gr. Sickles. (See Appendix.) THE SUPREME COURT. The jurisdiction of the supreme court is both original and appellate, and em- braces every species of relief. The State is divided into four departments and eight judicial districts, in each of which districts (excepting the first), there are four justices of the supreme court ; and in the first, which is the City and County of New York, there are five. This court holds special and general terms. The general terms are held by a presiding justice and two associate justices for each department,. designated by the governor from the whole bench of justices. The concurrence of two justices is necessary to a decision of the general term. An appeal may be taken to the general term, upon the law, from a judgment en- tered upon the report of referees or the direction of a single judge of the court in all cases ; and upon the fact, when the trial is by the court or referees. Ap- peals majr also be taken to the supreme court from judgments of county courts, and mayors' or recorders' court of cities, and from certain orders. The special terms are held by a single judge. CIRCUIT COURTS. Circuit courts are held in each judicial district. They were formerly held by a circuit judge, but his office has been abolished, and they are now held by justices of the supreme court. Issues of fact, in actions brought in the supreme court, unless a jury trial is waived or a reference ordered, are generally tried at a circuit court, before a jury. General Teem Justices: First department, (1st. District), Daniel P. Ingraham, John R. Brady (one vacancy.) Second department, {2d. District), Joseph E. Barnard, Jasper "W. Gilbert, Abraham B. Tappan. Third depart- ment, (3d., 4th. and 6th. Districts), Theodore Miller, Piatt Potter, John M. Parker. Fourth department, (5th. 7th. and 8th. Districts), Joseph Mullin, Thomas A. Johnson, John L! Talcott. Beporter: Abraham Lansing, Albany. The Justices of the Supreme Court are: 1st. District: Daniel P. Ingraham, WiUlam H. Leonard, Enoch L. Eanoher, John R. Brady, George C. Barrett. 2d. District : Jasper W. Gilbert, Abraham B. Tappan, Calvin R. Pratt, Joseph P. Barnard. Sd. District: "William L. Learned, Theodore Miller, Charles R. Ingalls, Peter S. Danforth. 4?7t. District: Piatt Potter, Aug-ustus Bockes, Amaziah B. James, Joseph Potter. 5th. District: Joseph Mullin, Ls Roy Mor- gan, Charles H. Doolittle, Henry A. Poster. Gth. District : Douglas Boardman, John M. Parker, William Murray, Jr., George A. Hardin. 7th. District: Thomas A. Johnson, James 0. Smith, Charles C. Dwight, E. Darwin Smith. 8th. Dis- trict: John L. TaUcotl, George Barker, Charles Daniels, George D. Lamont. C0UKT3 OP NEW YORK. 265 COUNTY COTJETS. There is a county court in each county of the State, except the County of New York. Their jurisdiction is limited and local. It extends to civil actions to recoTer a sum of money not exceeding $1,000, or recovery of possession of personal property not exceeding in value $1,000, where all the defendants are residents of the county ; to foreclosures, partition, admeasurement of dower, and sale or mortgage of real property of an infant or person of unsound mind, in cases where the real property is within the county;' and to various other local matters. They have exclusive power to review^ in the first instance, judgments in civil actions rendered in a justice's court. The county judge is al-io surro- gate of his county, unless, in counties whose population exceeds 40,000, a sur- rogate is appointed. There are at least two terms in each county, and as many jnore as the county judge shall appoint. SURROGATES' COURTS. Surrogates have jurisdiction to take the proof of wills, grant letters of ad- ministration, appo;nt guardians, &o. Their courts are always open. CRIMINAL COURTS. The courts of oyer and terminer, of sessions, of special sessions, and the po- lice courts, are courts of criminal jurisdiction. The courts of oyer and terminer are composed, (except in the City of New York), of a justice of the supreme court, a county judge and two justices' of the peace. In the City of New York, of a justice of the supreme court, and two other judges, who may he either judges of the New York common pleas court, the mayor, recorder or alderlnen of said City. Courts of sessions are composed of a county judge and two jus- tices of the peace. Police courts are held by single justices of the peace. THE SUPERIOR COURT OF THE CITY OE NEW YORK. The j jurisdiction of this court extends to the following actions: I. When the cause of action arose, or the , suhjeot of the action is situated, within that city : 1. To actions for the recovery of real property, or of an estate or interest therein, or for the determination in any form of such right or interest, and for injuries to real property. 2. For the partition of real property. 3. For the foreclosure of a mortgage of real property. 4. For the recovery of property distrained for any cause. 5. For the recovery of »• penalty or forfeiture. 6. Against a puhlio officer for an act done by him in virtue of his office. II. To all other actions where all the defendants reside, or are personally served with the summons, within ^the city, or where one or more of several defendants, ■ jointly liable on contract, reside or are personally served with the summons within the city. HI. To actions against corporations created under the laws of this State, and transacting their general business, or keeping an office for the transaction of business, within the city, or established by law therein, or created by or under the laws of any other State, government or country, for the re- covery of any debt or (Jamages, whether liquidated or not, arising upon contract made, executed or delivered within the State, or upon any cause of action arising therein. There are six justices of this court. General, special and trial terms are held each month during the year, except July, August and Sep- tember. The general terms are held by three judges. 266 COURTS OF NEW YOEK. John M. BarbDur, Claudiu3 L. Mouell, J. J. Freedman, "William E^ Curtis, John Sedgwick, [one vacancy, to he filled at the Not. election.] Clerk : Thos. Boese. Deputy Clerk: Joseph Meeks. (See Appendix.) THE COURT OF COMMON PLEAS FOR THE CITY AND COUNTT OF NEW YORK. This was the first court of the State, haviag been established in 1650, when. New York was a Dutch colony, under the name of New Netherland. Its terri- torial jurisdiction is limited to the city and county, but in all other respects it has general jurisdiction in law and equity to an unlimited amount. It is a court of record, and its judgments are rever.iible only in the court of appeals, and it is itself the appellate court of all inferior courts of civil jurisdiction within said city and county. It is by statiite the county court of the city and county of New York. There are six judges. They are : Chief Judge : Charles B. Daly. Associate Judges : Hamilton W. Robinson, Joseph F. Daly, Richard L. Larremore, Fred. W. Loew, Charles H. Van Brunt. General terms are held on the first Mondays in January, March, May, October and December, and special terms for trial of issues of fact in every month excepting July, August and September. MAYORS' AND RECORDERS' COURTS OF CITIES. The jurisdiction of these courts is similar to that of the superior court and court of common pleas of New York city, except that in transitory actions all the defendants must reside in the city in which the court is situated. THE MARINE COURT OF THE CITY OF NEW YORK. This is a court of record, and has jurisdiolion in actions similar to those in which justices of the peace have jurisdiction; but to the amount of $1,000. Also in actions between a person belonging to a vessel in the merchant service and the owner, master or commander thereof, demanding compensition for the performance, or damages for the violation of a contract for services on board such vessel, during a voyage performed in whole or in part, or intended to be performed, though the sum demanded exceed $1,000 ; and in an action by or- against a person belonging to or on board of such vessel, for an assault and battery, or false imprisonment, committed on board such vessel, upon the high seas or in a place without the United States, of which the ordinary courts of law of fhis State have jurisdiction, though the damage exceed $1,000. Any other court of record in the city and county of New York may, by order entered on its minutes, send any action of libel, s'ander, assault, battery, criminal con- versation, seduction, malicious prosecution or false imprisonment to this court for trial, and in that case its jurisdiction shall, for the purposes of such action, be as full as that ofthe court from which the cause was sent. There are six judges of this court. Chief Justice; George Shea. Associate! l George Jtf. Curtis, William H. Tracy, Michael 0. Gross, Philip J. Joachimsen, Alexander Spauld'ng. The court is in session every day, except holidays. LAWS OF NORTH CAROLINA. 267 JUSTICES' COUKTS. These ooiirts tave juriadietion in civil actions generally, when the title to real estate does not come in question, and the demand does not exceed 4200. Their- jurisdiction does not extend to actions for damages for ■willful injury to person or character, nor to matters of account where the sum total of the accounts of hoth parties exceeds $400, nor to actions against an executor or administrator. The jurisdiction of the district courts in the city of New York extends to |350. LA"WS OF NORTH CAROLINA KBLATING TO CIVIL ACTIONS, DEEDS, WILLS, &c., PBEPAEED I-On THIS WORK BY THE EDITOR, WITH THE AID OF JOHN S. BRIDGEES and SON, Esqs, of Tabboro, N. C. Revised. Statutes, Code, Practice. — The last revision of the stat- utes was made in 1854, under the name of the Eevised Code of North Carolina. Judge W. H. Battle is now codifying the laws. The practice is under a Code of Procedure, almost identical with that of New York. Actions are commenced by the issuing of a summons, in the superior courts by the clerk, and in justices' courts by the justice. In the superior court the summons is returnable before the clerk of the court. The summons re- quires the defendant to appear and answer the complaint within a time named not exceeding twenty-five days after the service. The plaintiff must file his complaint on or before the third day of the term to which the action is larought ; the defendant must demur or answer at the same term ; and the issues stand for trial at the term next succeeding. (At present a part of the code is suspended, and suits in the superior court, for money demands, are returnable to the regu- lar terms of the court, which are held twice a year, and not before the clerk, a* provided in the code.) Arrests. — The provisions of the code in relation to arrests are copied from the code of New York. Attachments are allowed in the same manner and under the ecime cir- cumstances as in New York. 268 LAWS OF NOETH OABOLINA. Claims against estates of persons deceased.— The debts of tte decedent are paid in the following order : 1. Debts which by law have a speeifio lien on property, to an amount not exceeding the value of such prop- erty; 3. Funeral expenses ; 3. Taxes, assessed on the estate of the deceased pre- vious to his death; 4. Debts due to the United States or to the State; 5. Judg- ments of a court of the State, to the extent to which they are a lien on the property of the deceased at his death; 6. Wages due to any domestic servant, or mechanical or agricultural laborer employed by the deceased, which claim ■for wages is not to extend to a period of more than one year next preceding the death ; for medical services within the twelve months preceding the decease ; 7. All other debts and demands. Within t'sVenty days after the grant- ino' of letters, notice must be given to creditors to exhibit their claims at or before a day to be named in the notice, which day must be twelve months from the day of the first publication of the notice. Claims presented, and rejected by the executor and not referred by consent, are barred, xmless the claimant commence an action for the recovery thereof within six months after notice of the rejection, or after some part of the debt becomes due. A creditor who ne- glects to present his claim within the twelve months, or to commence an action within the six months, may notwithstanding recover the same from the heirs or other persons succeeding to the property of the decedent. Deeds, Mortgages, Acknowledgment, Recording. — Deeds must be aclaiowledged b.y the grantor, or proved on oath by one or more wit- nesses, and registered in the county where the land lies, within two years after the date of the deed. One witness is usual ; a scroll is sufficient as a seal. When a deed is to be proved, and the subscribing witness is dead, satisfactory proof of his handvrriting, or of the handwriting of the grantor where there is no subscribing witness, is sufficient. Deeds may be acknowledged or proved, out of the State and within the United States, before a commissioner specially appointed for the purpose, or before a commissioner of affidavits for the State of North Carolina, or a judge of supreme jurisdiction, or of the courts of law of superior jurisdiction of the State, territory or district where the parties may be ; out of the United States, before the chief magistrate of a city, under the corporate seal thereof, or before an ambassador, public minister, consul or com- mercial agent of the United States, under his official seal. The certificate of acknowledgement or proof may be either indorsed, or affixed to the deed. To convey the wife's interest, the husband and wife must join in the deed, and she must be privily examined, apart from her husband, and acknowledge that she executed the conveyance freely and of her own accord, without fear or compul- sion of her husband. The wife need not join in a purchase-money mortgage. Depositions are taken on a commission issuing from the court, directed to one or more commissioners, due notice being given to the other party of the taking. The commissioners shall not be of kin to either party. Execution, and Stay of. — Execution may be stayed, when asked for at the trial, as follows : For one month, when the sum does not exceed $25 ; for three months, when it exceeds f 35 and does not exceed |5() ; for four months, when it exceeds $50 and does not exceed $100 ; and for six months, when it ex- ceeds f lOO. Security must be given, approved by the justice. LAWS OF NORTH OAEOLINA. 269 Exemptions and Homestead Liaw. — Whenever tte personal property of a resident of the State is levied upon by virtue of any process issued for tlie collection of a debt, the same shall be exempted from sale, to the value of $5C0, upon demand of the owner. The owner is to select the articles he desires to have exempted, and their value is to be appraised by three sworn appraisers. Such portion of the real-estate of a resident oi the State, not ex- ceeding in value $1,000, as may be occupied by him as an actual homestead, and which he may elect to regard as such, including the dweUing and buildings thereon, is exempt from levy, except under an execution ifsuedfor the collection of a debt contracted for the purchase of the homestead ; for such labor as may constitute a laborer's or mechanic's lien ; and for taxes. The value is to be ascer- tained by three sworn appraisers. If the husband die, his widow shall have the homestead until her youngest child reaches majority ; if there is no widow, the children are to have it until majority ; if there are no children, the widow shall have it during widowhood. Interest. — The legal rate is six per cent. The penalty for usury is the loss of all interest. Parties may stipulate for interest not to exceed eight per cent. Judgments, and Iiien of. — A judgment of the superior court is a lien on the real property of (he defendant from. the time when it is docketed. Judgments of justices of the peace become liens in the same manner, on filing a transcript in the office of the clerk of the superior court of the county where rendered. liien of Mechanics, &C. — A lien is given to persons performing labor or foimishing materials in erecting or repairing any vessel, house, building or appurtenances ; also to any person performing labor in making and securing any crop, if he has worked out his full term, or been discharged without his fault. The lien attaches upon such vessel, &c., and upon the lot, parcel, or farm of land upon which such house, etc., stands, or upon which such crop shall be made, to the exient of the interest of the person contracting for such labor or materials. Notice of the lien must be filed within thirty days after completion of the labor, fiirnishing the materials, or gathering the crop ; and proceedings to enforce the lien must be commenced within six mouths there- after. Mechanics have also a lien on any article of personal property for labor done npon it. liimitation of Actions.— In actions for recovery of real-estate, the State, and persons claiming under the State, are barred by thirty years adverse possession of land the boundaries of which are known and visible, and by twenty years adverse possession under co?or of title. Individuals are barred by like adverse possession for twenty years and of seven years respectively. Persons under the disability of coverture, infancy, insanity or imprisonment, may bring action within three years after the removal of the disability. Ac- tions must be brought within ten years on judgments, on sealed instruments, and for the foreclosure or redemption of a mortgage : within seven years, on a, justice's judgment : within six years, on an official bond, and for injury to an :270 LAWS OF NORTH CAEOIINAi incorporeal hereditament : -withiu three years, upon any contract, obligation or liability, other than those above mentioned ; upon a liability created by statute, other than a penalty or forfeiture ; for trespass upon real property ; for taking, detaining, converting or injuring personal property, and for their specific re- covery ; for any injury to the person or rights of another, not arising on con- tract, and not otherwise provided for ; against the sureties of an executor, ad- ministrator or guardian, on the official bond of the principal ; against bail, after judgment against the principal ; for relief on the ground of fraud in cases heretofore solely cognizable in equity, from the time of the discovery of the fraud ; within one year, against a public officer for trespass under color of his office ; upon a statute for a penalty or forfeiture, unless a different time is prescribed ; for libel, assault, battery or false imprisonment ; against an officer for the escape of a prisoner arrested on civil process : within six months, for slander. Actions for relief, not otherwise provided for, must be brought within ten years after the cause of action accrues. Married "Women. — By the Constitution, their property, real and per- sonal, remains their own. The real-estate of a married woman cannot be sold or leased by her husband without her joining in the instrument, and acknowl- edging the execution on a privy examination. A married woman may insure her husband's life, and dispose of the interest by will ; but the annual premium is not to exceed $300, unless paid out of her separate estate. They have com- mon law right of dower. She can make a will, provided it does not divest her husband of his rights as tenant by the courtesy. Notes, Bills and Protest. — No days of grace are allowed on bills, promissory notes or drafts payable on demand. The protest of a notary is frima facie evidence of demand and notice therein set forth. Taxes become due on the first day of July in each year. Unpaid taxes are collected by the Sheriff: 1. By seizure and sale of the personal property of the party owing, if sufficient for that purpose : 2. By sale of the lands of the de- linquent, to the highest bidder, after at least thirty days' notice. The sale must be made at the court-house of the county in which the land lies. The purchaser must pay at once the amount of taxes and costs. The delinquent may retain possession for twelve months after the sale, and within that time may redeem it by paying or tendering to the purchaser the amount paid by him and 25 per cent, iu addition. If he fail to redeem, the purchaser may, within 18 months after the purchase, pay to the sheriff the residue of the sum bid by him, with interest at the rate of one per cent, per month from the expi- ration of the twelve months next succeeding the sale to the day of payment. The sheriff shall then give a deed of the land, which must be registered within six months, and when so registered shall convey to the grantor all the estate in the premises which the delinquent -had at the time of the sale. Wills. — No person can make a will disposing of real or personal estate until twenty-one years of age. A will must be in writing, signed by the tes- tator, or by some other person in his presence and by his direction, and sub- sorihed in his presence by two witnesses at least, no one of whom shall be inter- LAWS OF NORTH CAROLINA. 271 csted in the devise or bequest of the estate. But a will found among the valuable papers and effects of a deceased person, or lodged in the hands of any person for safe keeping, if whoUy in the handwriting of such deceased person, with his name subscribed thereto, or inserted in some part thereof, and such handwriting be proved by three credible witnesses, is sufficient to convey real and personal estate. No nuncupative will is good where the estate exceeds f 200, unless proved by two credible witnesses present at the making thereof, and unless they or some of them were specially required to bear witness thereto by the testator, and unless it was made in his last sickness, in his own habitation, or where he had been resident ten days at least, except in case he was surprised with sick- ness on a journey or away from home, and died without returning. A nuncu- pative will cannot be proved after six months from the making, unless it was put in writing within ten days ; nor till fourteen days after the death of the testator ; nor till process has issued to call in the widow or next of kin. Witnesses. — No person is disqualified by reason of interest as a party, or -otherwise, or by conviction of a crime. Husband and wife may be compelled to give evidence in any civil action where either is a party. A party cannot testify where the adverse party is an executor, administrator, heir at law, or next of kin, having no knowledge of the transaction. Co-defendants in criminal actions are allowed to testify in behalf of each other. Certificates of Acknoivledgincnt, &c., of Deeds. 1. By Gkantok. Statb op , I County of , j ^^■ On this day of 18 , before the subscriber [name and title] per- sonally appeared A. B.* the grantor named in the foregoing deed, and acknowl- edged that he executed the same as his deed. [Name and title.] If executed out of the State, but in the United States (unless before a com- missioner for North Carolina), a certificate must be added as follows : State of , ) County of , J ^^• I, M. N., govemer of the said State of , certify that , before whom the acknowledgment and examination in the foregoing attestation was taken, was, at the time of taking the same, one of the judges of the court of this State, which is a court of superior jurisdiction within the said State. Dated this day of 18 . [Name.] 3. Br Geantob and Wlfb. [As in form 1 to the *] and C. B. his wife, the grantors named in the fore- going deed ; and the said A. B. acknowledged that he executed the same as his -deed ; and the said C. B. his wife, was privily examined by me, apart from her husband, touching the execution thereof, and upon such examination declared that she executed the same freely, and does voluntarily assent thereto. 272 LAWS OF NOETH CAROLINA. Instructions and Forms for Taking' Depositions. The caption should state the time and place of taking — ^the parties to the- suit — ^in what court the same is pending, and whether taken in hehalf of plain- tiff or of defendant. If both parties are present in person, or by agent or at- torney, it should he so stated in the caption. The evidence may be reduced to writing by the commissioner or deponent, but not by either party, his agent or attorney. The deposition must be signed by deponent, and sworn to or affirmed. The commissioner will certify that the deponent was sworn and subscribed be- fore him, or solemnly affirmed. The commissioner must seal up the deposition and deposit it in the post-office, directed to the clerk of the court from which the commission to take the deposition issued. Caption. State of , ) g^. County of , ) ' Pursuant to the annexed commission, directing the undersigned commissioner to take the deposition of , to be read in evidence in a suit now pend- ing in the court of, [here insert name of court,] wherein A. B. is plaintiff, and C. D. defendant, I proceeded, at my office, , in and State of , on the day of at o'clock in the forenoon, to examine E. F. who being by me first duly sworn upon the holy evangelists of Almighty Gfod, deposes as follows, viz.: Question 1st, [write out question.] Cross-examined. Question 1st. The deposition should be read to the affiant, and signed by him, and then countersigned by the commissioner. CBBTIPICATE. State of County of :!' I, , the commissioner in said commission named, do hereby certify that the evidence of the witness, E. E., was taken down under oath and sub- scribei by him in my presence on the day of , 18 , at in the county of , State of , and that 1 have personal knowledge of said witness, or, (if unacquainted with the witness) that proof has been made be- fore me of the personal identity of said witness. Witness my hand and official seal, this day of 18 . [Seal.] [Signature.] The deposition should be carefully enveloped, and directed to the clerk of the court from which the commission issued. The envelope should contain this memorandum, viz : A. B. vs. C. T>. Depositions of E. E. taken by order of the court of county, in the State of North Carolina, in the suit of A. B. vs. C. D. by commis- sioner, etc. COURTS OF NORTH CAROLINA. SUPEEME COUET. The Supreme Court ha? jurisdiction to review upon appeal any decision of the courts below, upon any matter of law or legal inference, but no issue of fact can be tried by this court ; and the court has power to issue any remedial writs necessary to give it a general supervision and control of the inferior courts. The supreme court meets in Ealeigh on the first Mondays in January and June, and remains in session until the business is disposed of. Chief Justice : Eichmond M. Pearson, of TadHn. Associate Justices : Edwin G. Reade, of Person, "William B. Rodman, of Beaufort, Robert P. Dick, of Guil- ford, Nat. J. Boyden, of Rowan. Attorney General: William M. Shipp, of Mecklenburg. Eeporier : J. M. McCorkle. Clerk : "William H. Bagley. SUPERIOR COUET. The Superior Court has exclusive original jurisdiction of all civil actions of which jurisdiction is not given to some other court. This court has exclusive original juj^isdiction in money demands when the sum demanded exceeds two hundred dollars. The State is divided into twelve judicial districts, and for each a judge and solicitors are elected, who are required by the Constitution to reside in their several districts. The two terms of the superior cotirt are held annually in each county, which are required by law to continue to be held for two weeks (Sundays and legal holidays excepted), unless the business be sooner disposed of. Officbks — 1st District : C. C. Pool, of Elizabeth City, Judge. J. W. Albert- son, of Perquimans, Solicitor. 3d. Wm. A. Moore, of Plymouth, Judge. Jos. J. Martin, of "Williamston, Solicitor. 3d. "William J. Clarke, of Craven, Judge. John "V. Sherrard, of Wayne, Solicitor. 4th. Daniel L. Russell, Jr., of Bruns- wick, Judge. John A. Richardson, of Bladen, Solicitor. 5th. Ralph P. Bux- ton, of Fayetteville, Judge. Neil McKay, of Harnett, Solicitor. 6th. Samuel W. Watts, of Eranklinton, Judge. WiUiam R. Cox, of Wake, Solicitor. 7th. Albion W. Tourgee, of Greensboro, Judge. J. R. Bulla, of Randolph, Solicitor. 8th. J. M. Cloud, of Surry, Judge. A. H. Joyce, of Stokes, Solicitor. 9th. Geo. W. Logan, of Rutherford, Judge. W. P. Bynum, of Lincoln, Solicitor. 10th. Anderson MitcheU, of Statesville, Judge. W. P. Caldwell, of tedell, Solicitor. Hth. Jas. L. Henry, of AshviUe, Judge. V. A. Luske, of Bun- combe, Solicitor. 12th. E. H. Cannon, of Webster, Judge. R. M. Henry, of Macon, Solicitor. JUSTICES' COURTS. Justices of the Peace have exclusive original jurisdiction of all civil actions founded on contract, when the sum demanded does not exceed |300, and the title to real-estate is not in controversy. 18 LAV/S OF OHIO RELATING TO CIVIL ACTIONS, DEEDS, WILLS, &c., PKBPAKED EXPBBSSLY FOR THIS WORK BT LONG AND EJIAMER, EsQS., OP Cincinnati, Ohio. Revised. Statutes, Code, Practice. — The last revision of the statutes was in 1858. The acts of a general nature in force August 1, 1860, collated by Joseph E. Swan, with notes of the decisions of the supreme court, hy Lealider J. Criohtfield, are published under the title of Swan & Crichtfield's Revised Statutes of Ohio. This compilation is continued to August 1, 1868, by Swan & Sayler's " Supplement." The practice is under a code of civil proced- ure, passed March 11, 1853, and which took effect June 1, 1853.. It is in many respects similar to the code of New Tork. Actions. — The provisions in relation to form of actions, parties, place of trial, joinder of actions, pleadings and trial, are similar to those in New York. In the superior court and common pleas, an action is coimnenced by filing in the office of the clerk of the proper court, a petition, and causing a summons to be issued thereon. The petition takes the place of the complaint in New York. The plaintiff must also file with the clerk a praecipe, stating the names of the parties to the action, and demanding that a summons issue thereon. The sum- mons is under the seal of the court, and signed by the clerk. It is directed to the sheriff of the county, and commands him to notify the defendant, that he has been sued, and must answer the petition filed by the plaintiff, at a time stated, or the petition will be taken as true, and j adgment rendered accord- ingly ; and if the action is for the recovery of money only, the amount must be indorsed on the writ. A summons may be issued to any other county as well as to that in which the action is brought. Where the time for bringing parties into court is not fixed by statute, the summons is returnable on the second Monday after the day of its date ; but when issued to another county, it may be made returnable at the option of the plaintiff, on the third or fourth Monday after its date. It must state the day of the month on which it is returnable. Service of the summons is made by delivering a copy to the defendant personally, or by leaving one at his usual place of residence, at any time before the return day ; or by publication against non-resident defendants. The defendant must answer or demur to the petition, or file motion; the plain- tiff must reply or demur to the answer. The defendant's plea is to be filed on or before the third Saturday, and the plaintiff's reply or demurrer on or before LAWS OF OHIO. 275 the fifth Saturday after the reftirn day of the summons. Every pleading must be subscribed by the party or his attorney. In all cases in which a party would have the right to use the deposition of an adverse party, he may annex to his pleading, (other than a demurrer) iuterrogatories pertinent to the case ; which, if not demurred to, must be plainly and fully answered under oath. Every pleading of fact must be verified by the af&davit of the party, his agent or attorney. Where .the defendant fails to plead, the plaintiff may have judg- ment by default, at the next session of the court thereafter, but this default may be vacated upon showing good reason within the first three days of the succeeding term. An action before a justice of the peace, is commenced by summons, or by the appearance and agreement of the parties. Upon the plaintiff's filing a statement of the nature and amount of his claim, a summons is issued returnable in three days, at the end of which the time of trial is fixed. The summons contains a general description of the plaintifi"s cause of action, with an indorsement of the amount for which the plaintiff will take judgment if the defendent fail to appear. Arrests. — An order for the arrest of a defendant, in a civil action, may be made by the clerk of the court in which the action is brought, upon the filing in his office of an affidavit of the plaintiff, his agent or attorney, stating the nature of the plaintiff's claim, that it is just, and the amount thereof, as nearly as may be, and establishing one or more of the following particulars : 1. That the defendant has removed, or begun to remove, any of his property out of the jurisdiction of the court, with intent to defraud his creditors. 2. That he has begun to convert his property, or a part thereof, into money, for the purpose of placing it beyond the reach of his creditors. 3. That he has property, or rights of action, which he fraudulently conceals. 4. That he has assigned, removed, or disposed of, or has begun to dispose of his property, or a part thereof, with intent to defraud his creditors. 5. That he fraudulently contracted the debt or incurred the obligation, for which suit is about to be or has been brought. The affidavit must contain a statement of the facts claimed to justify the belief in the existence of one or more of the above particulars. A bond must be given to defendant by one or more sufficient sureties. The defendant may be dis- charged by depositing in the hands of the sheriff, or in court, the amount of money mentioned in the order of arrest ; or by giving baU. Justices of the peace have power to issue orders of arrest in the above cases. AttachmeiltS. — The plaintiff in a civil action for the recovery of money may have an attachment against the property of the defendant, upon any of the following grounds : 1. When the defendant, or one of several defendants, is a foreign corporation, or a non-resident of the State, and the claim is a debt or demand arising upon contract, judgment or decree. 3. When he has ab- sconded with intent to defraud his creditors. 3. When he has left the county of his residence, to avoid the service of a summons. 4. When he so conceals himself that a summons cannot be served on him. 5. When he is about to re- movehis property, or a part thereof, out of the jurisdiction of the court, with the intent to defraud his creditors. 6. When he is about to convert his prop- terty, or a part thereof, into money, for the purpose of placing it beyond the 276 LAWS or ohio. reach of his creditors ; and in the casea numtered 3., 4. and 5. under Arrests- The order is made (except as s bated below) by the clerk of the court in which the action is brought, when there is iiled in his office an affidavit of the plaintiff, his agent or attorney, showing the nature of the plaintiff's claim, that it is just, and the amount which the affiant believes the plaintiff ought to recover, and the existence of some one of the grounds for an attachment above enumerated. An undertaking must be given, with one or more sufficient sureties, except when the action is against a foreign corporation or a non-resident of the State. Ileal and personal estate, credits and moneys of the defendant, may be attached. An attachment may be granted, by the court, before the debt is due : 1. 'Where a debtor has sold, conveyed or otherwise disposed of his property, with the fraudulent intent to cheat or defraud his creditors, or to hinder or delay them in the collection of their debts, or is about to do so. 2. When he is about to remove his property, or a material part thereof, with the like intent or effect. Justices of the peace also can grant orders of attachment. Claims against estates of persons deceased. Executors and administrators must give notice of their appointment, within three months after giving bond for the discharge of their trust, by publication for three con- secutive weeks in some newspaper of general circulation in the county where the deceased last dwelt. If the executor or administrator doubt the justice of any claim presented, he may enter into an agreement in writing with the- claimant to refer it to three disinterested persons. If a claim exhibited is dis- puted or rejected by the executor or administrator, and is not referred, the claimant must, within six months thereafter, if the debt is then due, or within six months after some part of it becomes due, commence a suit for its recovery, or be barred from maintaining any action thereon. A creditor cannot maintain an action against an executor or administrator who has given notice of his ap- pointment, as above, unless the action is commenced within four years from the time of giving his bond, except where the cause of action accrues or assets come, to the hands of the executor or administrator, after the four years. The debts are paid in the following order : 1. Expenses of the funeral, last sickness, and. administration. 3. The allowance made to the widow and children for their support for twelve months. 3. Debts entitled to a preference under the laws of the United States. 4. Public rates and taxes and sums due the State for duties on sales at auction. 5. AU other debts. Deeds, Mortgages, Ackno^viedgnient, Recording. — Instru- ments affecting land must be in writing, signed, sealed and acknowledged by the grantor in the presence of two witnesses, who shall attest such signing and sealing, and subscribe their names to such attestation. The grantor, if a man, must be of the age of twenty-one years or upwards, and if a woman, of the age of eighteen. A scrawl is sufficient for a seal. A married woman must be sep- arately examined and the contents of the deed be made known to her. The ac- knowledgment may be made before a judge of the supreme court, or of the court of common pleas, justice of the peace, notary public, mayor or other pre- siding officer of an incorporated town or city, commissioner for Ohio, or consul of the United States resident in any foreign port or country. The certificate- LAWS OF OHIO. 277 must be written on tlie deed. Deeds executed in other States' or countries in conformity with, their laws, or the laws of this State, are valid. Mortgages of real-estate take effect from the time when they are recorded. Deeds not re- corded within six months from their date do not affect subsequent purchasers without notice; hut if recorded after that time they will be notice to any sub- sequent purchaser. Leases for any term not exceeding three years need not be attested, acknowledged or recorded. In the foreclosure of a mortgage a sale of .the mortgaged premises is ordered in all oases, and the purchaser takes the com- plete title of both mortgagor and mortgagee. Chattel mortgages are absolutely Toid as against subsequent purchasers and mortgagees in good faith unless the same, or a true copy, are filed with the clerk of the township where the mort- gagor, if a resident of the State, resides at the time of their execution, or if not a resident, with the clerk of the township where the property is. They must be reflled every year, to continue in force. Aliens can hold lands in the same manner as citizens. Depositions may be used : 1. When the witness does not reside in the county where the action is pending ; or is absent therefrom. 3. When from age, infirmity, or imprisonment, he is unable to attend court, or is dead. 3. When the testimony is required upon a motion, or in any other case where the oral examination of the witness is not required. Depositions m.ay be taken out of the State by a judge, justice or chancellor of any court of record, a justice oi the peace, notary public, mayor or chief magistrate of a city or town corpo- xate, a commissioner for Ohio, or any person authorized by a special commission ±rom this State. The officer before whom depositions are taken must not be a xelative or attorney of either party, or otherwise interested in the event of the suit. Depositions taken under a commission must be taken upon written inter- rogatories, unless the parties otherwise agree. Unless taken under a special coinmission, a written notice of the time and place of taking must be served on the adverse party, so as to allow sufficient time to attend, and one day for pre- paration, exclusive of Sundays and the day of service; and the examination of witnesses may, if so stated in the notice, be adjourned from day to day. The ■notice, in the case of a non-resident having no attorney of record within the State, may be served by publication in a newspaper. £xecntion ancl Stay of. — Executions are against the property of the judgment debtor, or his person, or for delivery of pos3e.3sion of real property, with damages and C03ts. An execution against property, issuing from a court «f record, is to be satisfied from the goods and chattels of the debtor, :f suffi- cient for the purpose ; if not, from his real-estate. When lands are sold under an execution the sheriff gives a deed to the purchaser, which carries all the in- terest of the judgment debtor at the time of the levy. Upon filing a prmcipe, execution issues forthwith, and is returnable in sixty days ; and, if the money is made without a sale, in three days. Execution is stayed, in the superior •court and common pleas, by an appeal with sufficient sureties. Execution upon the judgment of a justice of the peace must be issued by the justice within ien days after judgment, unless an appeal has been taken, or bail has been given for a stay. The execution is returnable in thirty days, and can be levied xjnly on psrsonal property. Upon giving an undertaking, with sufficient seour- 278 LAWS OV OHIO. ity, wittin ten days after judgment, for payment of the judgment, interest ani costs, execution may be stayed upon a justice's judgment, not exceeding $5, for sixty days; more than |5 and less than $30, ninety days; from $30 to S50,, one hundred and fifty days ; for $50 and upwards, two hundred and forty days ; except upon judgments against bail for stay of execution, and in a few other cases. Exemiitious, and Homestead Law. — Any person having a family may hold the following property exempt from execution : 1. The wear- ing apparel of the family ; the beds, bedsteads and bedding necessary for their use; one stove and pipe used either for cooMng or warming, and fuel for sixty days. 3. One cow, or if the debtor own no cow, household furniture not exceeding fifteen dollars in value ; two swine, or the pork therefrom, or if the debtor own no swine, furniture to the value of six dollars ; six sheep and the wool and manufactures therefrom, or in lieu thereof, furniture not exceeding- ten dollars ; and food for such animals for sixty days. 3. The bibles, hymn and psalm books, testaments and school books used in the family, and all fam- ily pictures. 4. Provisions for the family to the value of f 40 ; and additional furniture, necessary for the family, to the value of $30. 5. The tools and im- plements of the debtor, necessary for carrying on his business, whether mechan- ical or agricultural, to the value of $50, which tcols and implements, in the case of a debtor engaged in agriculture, may include one horse or yoke of oxen with the necessary gearing ; and if the debtor is engaged in the practice of medicine and surgery, one horse, saddle and bridle ; also medicines, instruments and books pertaining to his profession, not exceeding in value $50. 6. The horse, harness, and dray of a drayman. 7. Articles, specimens and cabinets of natural curiosity, history or science, not kept or intended for show for money. 8. A sewing machine used in maintaining the debtor's family. 9. The personal earn- ings of the debtor, made within tbree months, and necessary for the support of his family. 10. A homestead not exceeding $1,000. 11. If the debtor Is a resi- dent of the State, the head of a family, and not the owner of a homestead, he may hold personal property in addition to what has been mentioned, to the value of S500. Interest. — The legal rate is six per cent. Parties may stipulate in writing for not more than eight per cent., and a judginent upon such a contract will carry the same rate of interest. When a contract is made for more than eight per cent, it is not void except as to the excess above the legal rate, and th» principal may be recovered with six per cent, interest. Judgments and liien of.— Judgments of the superior court and common pleas are a lien upon the real-estate of the debtor in the county where they are entered, from the first day of the term at which they are rendered. If execution is not sued out within five years from the date of judgment, or if five years intervene between the dale of the last execution and the time of suing out another, the judgment becomes dormant, and ceases to operate as a lien. If execution is not taken out and levied before the expiration of one year next after the rendition of a judgment, it shall not operate-as a lien, to the prejudice of any other bona fide judgment creditor. Ufon filing with the clerk of the LAWS OF OHIO. 279 common pleas a transcript of a justice's judgment, the judgment becomes a lien upon real-estate. liieu of JTEeclianics, &C. — Any person performing labor, or furnishing materials or machinery, for constructing altering or repairing any boat or Tcssel, or for erecting or repairing any building, fixture, road, street, sewer, railroad or other structure, by virtue of a contract or agreement between the owner, or the board, corporation or company first authorizing and contracting for such work, and the builder or other person, shall have a lieu therefor upon such boat or vessel, and upon such building, structure, &c., not being public property, and the lot on which it stands. An account must be made and filed within four months after performing the labor or furnishing the materials. The lien continues for two years, and until the termination of a suit, commenced within that time, on such account. liiinitatiou of Actions. — Actions for the recovery of real-estate must be brought within twenty-one years after the cause of action accrues. If a person entitled to commence such action be, at the time the right or title accrue, within the age of twenty-one years, a married woman, insane or imprisoned, such person may bring the action within ten years after removal of the dis- ability. An action for forcible entry and detention must be brought within two years. Civil actions other than for the recovery of real property must be brought as follows : 1. Within fifteen years, upon a specialty, or any agreement, contract or promise in writing. 2. Within six years, upon a contract not in. writing, express or implied; and upon a liability created by statute,'otherthan a forfeiture or penalty. 3. Within /oiw years, for trespass upon real property ; for taking, detaining or injuring personal property, including actions for the specific recovery of personal property ; for an injury to the rights of the plain- tiflf, not arising on contract, and not hereinafter 'enumerated ; and for relief on the ground of fraud ; the cause of action in such case to be deemed to have ac- crued on the discovery of the fraud. 4. Within one year, for libel, slander, assault, battery, malicious prosecution or false imprisonment ; and upon a statute for a penalty or forfeiture, unless the statute giving the action prescribes a different limitation. 5. Within ten years, upon official bonds ; and for relief not hereinbefore provided for. If a person entitled to bring any of the above actions, except for a penalty or forfeiture, be, at the time the cause of action accrue, under any of the disabilities above enumerated, such person may bring the action within the respective times here limited after removal of such dis- ability. An attempt to commence an action, if followed by service within sixty days, is deemed equivalent to the commencement thereof, within the meaning of these provisions. If, when a cause of action accrues against a person, he be out of the State, or has absconded or concealed himself, the period of limita- tion shall not begin to run, until he comes into the State, or while he is so ab- sconded or concealed ; and, if after the cause of action accrues, he depart from the State, or abscond oi" conceal himself, the time of his absence or concealment shall not be computed. A cause of action which arose in another State, be- tween non-residents of this State, and is barred there, is also barred here. When an action is commenced in time, and a judgment therein for the plaintiff 280 LAWS OF OHIO. is reversed, or tlie plaintiff fails otherwise tlian upon the merits, a new action may be commenced witHn one year after such reversal or failure. A part pay- ment, or an acknowledgement in writing of an existing debt, or written promise to pay, revives the cause of action. Married Women may hold, free from all claim of their husbands or of their husbands' creditors, the real and personal property belonging to them at the time of marriage, or acquired during coverture by gift, bequest or inheri- tance, or by purchase with their separate money or means, or as the wages of their separate labor ; and may dispose of the same by will. A married woman may insure the life of her husband for her separate benefit. Wotes, Bills, sanA Protest. — ^Negotiable instruments payable at a day certain after date or sight, are entitled to three days' grace. The instrument of protest of a domestic or foreign notary is prima facie evidence of the facts therein certified. Negotiable paper falling due on the let of Jan., 4th of July, 25th of Des., or any day appointed by tlie governor of the State, or president of the United States, as a day of fast or thanksgiving, is to be paid on the next preceding business day. Wlieu the 1st day of Jan., 4th of July, or 25th of Deo. falls on Sunday, notice of protest may be served on the following Tuesday. Ti'axes.— Each person charged with taxes may, at his option, pay the full amount on or before the 20th of December, or one-half at that time, and the remaining one-half on or before the 20th day of June next ensuing. If not paid at the times prescribed, a penalty of five per cent, is added ; and if unpaid for thirty days after due, a penalty of twenty per cent, is added. Upon failure to pay three semi-annual instalments, the land is sold by the treasurer of the county. The owner may redeem within two years by paying the amount of the taxes, penalty and interest. Wills.— Any person of full age and sound memory may mate a will of real or personal estate. Wills, except nuncupative, must be in writing, signed at the end by the party making the same, or by some person in his presence and by his express direction, snd attested and subscribed in his presence and in the presence of each other by two or more competent witnesses, who saw the tes- tator subscribe or heard him acknowledge the same. If no person interested appear and contest the validity of a will within two years after probate, the probate shall be forever binding, saving, however, fo infants, married women, persons absent from the State, of unsound mind, or in captivity, the like period after removal of their disabilities. A verbal wiQ, made in the last sickness, is valid in respeot to personal estate, if reduced to writing and subscribed by two competent disinterested witnesses within ten days after the speaking of the tes- tamentary words, and if it is proved by said witnesses that the testator was of sound mind and memory, not under any restraint, and that he og,lled upon some person present at the time of speaking the words to bear testimony to said disposition as his will. Such will must be admitted, to probate within six months after the death of the testator. WitlBCSSes. — No person is disqualified as a witness in any civil action by reason of his interest in the event of the sume, as a party or otherwise, or by LAWS or OHIO. 281 reason of his conTiotion of a crime. The folloTving persons are incompetent to testify : 1. Persons of unsound mind ; 3. Children under ten years of age, who appear incapable of receiTJug just impressions of the facts respecting whiqji they are examined, or of relating them truly ; 3. Husband or wife against each other or concerning any communication made, or act done by one to the other, during marriage, unless the same was in the presence of a third person competent as a witness ; 4. An attorney concerning any communication made to him by his client, in that relation, or his advice thereon, unles? the client consents; 5. A clergyman or priest concerning any confession made to him in his professional character in the course of discipline enjoined by the church to which he belongs, without the consent of the party making the confession. If a person offer him- self as a witness, that is deemed a consent tj the examination also of an attorney, clergyman or priest, on the same subject. No party to an action can testify where the adverse party is the guardian or trustee of a child of a deceased per- son, or of an idiot or lunatic, or of a deaf and dumb person, or is the executor or administrator of a deceased person, or is a party claiming or defending as heir, grantee or devisee of a deceased person, except as to facts which occurred af"ter the death of the decedent or parent, or appointment of guardian, and in certain other special cases. Certificates of Ackiioivle.) In the Court County, Tennessee. Depositions of and witnesses for plaintiff {or defendant) In the above case, taken upon notice {or interrogatories), on the day of 18 , at in the presence of the plaintiff and defendant, (show the fact). The said witness , aged , being duly sworn, deposed as follows : The commissioner, having first sworn the witness according to law, should require the questions to be reduced to writing before being put, and then read to the witness, and should take down his answers in writing, or cause the same to be done by the witness himself, as near as may be in the witness' own words. Certificate. The foregoing depositions were taken before me, as stated in the caption, and reduced to writing by me {or by the witnesses). And I certify that"! am not Interested in the cause, nor of kin or counsel to either of the parties, and that I saaled them up and deUvered them to {or put them In the post office), without being out of my possession, or altered after they were taken. Given under my hand the day of 18 . The depositions, when complete, shall be enveloped, together with the com- mission. If any, and all documents which may have been deposed to, sealed with the commissioner's name written across the seal, and directed to the clerk -of the court where the cause is pending, with the title of the cause endorsed > thereon, and may be sent by mall or private conveyance. COURTS OF TENNESSEE. SUPREME COURT. The jurisdiction of this court is appellate only. Appeals and writs of error lie from the Inferior courts of law and equity, within each division, to the supreme court for that division. Chief Justice : A. O. P. Nicholson, of Columbia. Associate Justices: Peter Tumey, of Winchester; James W. Deaderiok, of Knoxville; Robert McEarland, of Morristown; Thos. J. Preeman, of Brownsville ; and J. L. T. Sneed, of Som- 324 COURTS OF TENNESSEE. merville. Attorney General: Joseph B. Heiskell, of Memphis. Cleric, of East- ern. divisioD, J. !F. Deaderiek, of Knoxville; of Middle division, F. C. Duning— ton, of Nashville ; of Western division, John H. Freeman, of Jackson. Terms : at Knoxville, 2nd Monday of Septemher ; at Nashville, on the first Monday of Dec, and at Jackson on the first Monday of April. CHANCERY COTJETS. They have all the powers and jurisdiction properly incident to a court of equity, and exclusive original jurisdiction of all oases of an equitable nature where the debt or demand exceeds $50. They have jurisdiction concurrent with the county court, over the perfons and estates of idiots, lunatics, and other persons of unsound mind, and of infants, and of the appointment and removal of guardians. There are two terms of the chancery courts in each county annually. CIECUIT COTJRTS. These are courts of general jurisdiction. Thsy have jurisdiction concurrent with justices of the peace, of all debts and demands on contract over $50 ; and exclusive jurisdiction of issues as to the validity of wills. They have appellate jurisdiction of all suits brought before any inferior jurisdiction. There are three terms of the circuit court annually in each county. COUNTT COURTS. . A County Court is established for each county, consisting of the justices of the county. It has jurisdiction of the probate of wills, granting of letters testamentary and of administration, the partition of land, supervision of local improvements, &c. JUSTICES' COURTS. The jurisdiction of justices of the peace, in civil oases, extends to $500, upon all notes of hand, and upon endorsements of negotiable paper, where demand, and notice are expressly waived in the endorsement ; and to f 350 in the fol- lowing actions : Upon unsettled accounts, obligations, contracts or other evi- dences of debt, (except notes); for damages, on contract or tort; and of replevin. They have jurisdiction in equity causes where the subject matter does not ex- ceed $50, and in all cases of forcible entry and detainer. LAW^S OF 'TEXAS, RELATING TO CIVIL ACTIONS, DEEDS, WILLS, &c., PBEPAEED FOR THIS WORK BY THE EDITOR. Revised Statutes, Practice. — The latest revision of the statutes, 'jinder authority of the Legislature, was in 1859, by Oldham and White. A digest was made by George W. Paschal, and published in 1866, by the au- thority of Provisional Governor Hamilton, which contains the laws at that time in force and such repealed laws as were the foundation of existing rights. The civil law practice is in use, modified by statute, the pleadings being more nearly assimilated to equity than to common law pleadings. Actions. — Civil suits, in the district court, are-oommencei by petition filed in the office of the clerk of the court. The petition may be filed by the plaintiff or attorney, and shall set forth clearly the names of the parties and their residence, if knov?n, with a full and clear statement of the cause of action and such other allegations, pertinent to the cause, as he may deem necessary to sustain the suit, and a full statement of the nature of the relief he requests of the court. When the petition is filed the clerk issues a writ or citation, di- rected to the sheriff or other proper officer of the county where the defendant is, requiring him to summon the defendant to appear at the proper term of the court. A certified copy of the petition must be served with the summons. The defendant in his answer may plead as many several matters, whether of law or fact, as he shall think neeessary for his defence, and which may be per- tinent to the cause, provided, that he shall file them all at the same time, and in due order of pleading. A plea of non est factum must be accompanied with an affidavit of its truth, by the party pleading it. Where service is made five days before the first day of the return term, exclusive of the day of service, the defendant must plead at the return term, otherwise at the first term there- after ; and if he fail to answer before the fourth day of the term, the plaintiff may have judgment by default. Process from a justice of the peace is under the hand of the justice, directed to some lawful officer, and is served by leaving a copy with the defendant at least five days before the return day, exclusive of the day of. service. The pleading in a justice's court is oral, except in certain specified cases. Arrests are not allowed in civil actions. Attachments are issued from the district courts and by justices of the peace, upon the party applying for the same, his agent or attorney, making an 326 LAWS OF TEXAS. affidavit in writing, stating that tte defendant is justly indebted to the plain- tiflp, and the amount of the demand ; also, that the defendant is not a resi- dent of the State, or, that he is about to remove out of the State, or has abandoned the country; or that he secretes himself, so that the ordinary process of law cannot be served on him ; or that he is about to remove his property be- yond the State, or beyond the county in which the suit is to be, or has been commenced ; or that he is about to transfer or secrete, or has transferred or se- creted his property, for the purpose of defrauding his creditors, and that there- by the plaintiff will probably lose his debt ; and he must also swear that the attachment is not sued out for the purpose of injuring the defendant. When an attachment is issued, credits and efifects of the debtor may be reached by garnishment. Bond, with two or more sufficient sureties, must be given in double the amount sworn to be due. The writ may issue though the debt or demand is not due ; but final judgment cannot be rendered until such debt be- comes due. No judgment shall be rendered iu a suit by attachment unless the citation or summons has been served in the ordinary mode, or by publication. Claims against tlie estates of persons deceased must be pre- sented within twelve months after grant of letters testamentary or administra- tion, or their payment will be postponed until the payment of those claims which have been presented within such twelve months, acd allowed. Claims ' must be verified by the affidavit of the claimant, " that the claim is just, that nothing has been paid or delivered towards the satisfaction of such claim, ex- cept what is mentioned or credited, (if any), and that there axe no counter claims known to affiant, which have not been allowed, (if any), and that the sum claimed is justly due." Where the claim is not founded on an instrument in writing or an account, the affidavit must, in addition, state the facts on which the claim is founded. Where a claim belongs to a corporation, the cashier, treasurer or managing agent shall make the affidavit. Where an affidavit is made by an officer of a corporation, executor, administrator, trustee, assignee or attorney, it shall be sufficient to state in such affidavit, " that he has made dili- gent inquiry and examination, and that he does verily believe that nothing has been paid and delivered towards the satisfaction of such claim, except the amount credited, (if any), that there are no counter-claims which have not been allowed, (if any), and that the sum claimed is justly due.'' The executor or administrator must endorse on or annex to the claim so presented a memoran- dum in wiiting, signed by him, stating the time of its presentment, and that he allows or rejects it, or what portion he allows, if any ; and his failure or re- fusal so to do shall be deemed to be a rejection. When a claim, or part thereof, has been rejected, the claimant, if he do not submit thereto, must institute suit thereon within ninety days after its rejection, or the same shall be barred. After a claim has been presented and allowed the claimant must file it with the clerk of the district court ; and at each term of the court all claims which have been allowed and filed shall be examined and approved or disapproved by an order duly entered. Claims may be referred by the court to an auditor, and the action of the court may be based upon his report. Claims are classed as follows : 1. Funeral expenses. 3. Expenses of last sickness, including medi- cines and medical attendance and servants' wages. 3. Special liens, according LAWS OF TEXAS. 327 to their priority, so far as the same can be paid out o£ the specified property to ■which the lien is attached. 4. Wages of servants not earned during last sick- ness. 5. Judgments which are liens on the real property. 6. All claims le- gally exhibited within one year. 7. All other claims. Deeds, mortg^ag^es, Acknowledgment, Recortling.— An es- tate of inheritance, or freehold, or for a term of more than five years can be conveyed only by an instrument in writing, signed by the grantor, or his duly authorized agent ; and such conveyance shall not be good agairtst a purchaser for valuable consideration, not having notice thereof, nor against a creditor, un- less it be acknowledged, or proved, and lodged with the clerk of the county court for record. There should be two subscribing witnesses, unless the grantor acknowledge the execution, in which case non e is required ; and one of the witnesses is sufBoient to prove the execution. Neither seal nor soroU is necessary for a private deed. An estate of freehold or inheritance may be made to commence in futuro, by deed, in like manner as by will. In a deed by hus- band and wife of her separate property, she must be examined privily, apart from her husband. If the grantor or witness be unknown to the officer his identity must be proven to the officer, and the proof be indorsed. Proof or acknowledgment of every instrument of writing for record may be taken before some one of the following officers : first, when acknowledged or proved within the State, before some notary public, disl;rict clerk, or judge of the supreme or district court in the State ; second, when acknowledged or proven without the State and within the United States or their Territories, before some notary public, commissioner of deeds for this State, or before some judge or clerk of a court of record having a seal ; third, when acknowledged or proven without the United States, before some public minister, charge d'affaires, consul or consular agent of the United States, or notary public, and, in all cases, the certificate of such acknowledgment or proof shall he tested under the official seal of the officer taking the same. Depositions of witnesses in civil suits, residing in the State, may be taken : 1. Where the witness is about to leave the State, or the county where the suit is to be tried. 2. Where a witness by reason of age, sickness or official duty shall bs unable to attend the court. 3. Where the witness resides with- out the county in which the suit is pending. 4. Where the witness is a female. The party wishing to take the deposition must file interrogatories in the court where the suit is pending, and serve a copy thereof on the opposite party, his agent or attorney, together with a notice that he wiU apply to the clerk of the court for a commission, which notice must contain the name and residence of the witness, and title of the suit. Five days after such service, the clerk may issue a commission, with a copy of such interrogatories, and of any cross-inter- rogatories filed before the commission issues, directed to any chief justice, notary public, or clerk of the district court in the county where the witness resides. The deposition of a witness residing out of the State, may be taken in the same manner ; the commission to be issued to any piiblic officer of any town, city, district, county or State, or other political division of any govern- ment beyond the limits of this State, having and using a seal to authenticate their official acts ; or to any consul, minister, or secretary of legation of the 328 LAWS OF TEXAS. United States, where such wilnees resides, or to a commissioner of deeds for Texas. ExecmtiOM asul Stay ©t. — Execution may issue after the rising of the court in which the judgment was rendered, and, if the defendant is about to remove his property from the county hefore the rising of the court, execution issues immediately, upon an affidavit "being made and filed in the court to that effect. Executions are returnable en or before the first day of the next term of the court, except in justices' courts, in which they are returnable in sixty days. Personal property levied upon may be sold after ten days advertiEement, and lands, on the first Tuesday of any month, after twenty days advertisement. A debtor of the judgment debtor, or person having in his hands effects of the judgment debtor, may be summoned as garnishee, upon affidavit by plaintiff, his agent or attorney, of such fact, and that the judgment debtor has no prop- erty, within the knowledge of affiant, in his possession, of which the debt can be made. Execution may be stayed by appeal or injunction, with sufficient security for the judgment; and a justice of the peace may grant a stay on any judgment for money rendered by himself on a civil suit, for three months, if such stay is applied for within ten days after entry of judgment, and sufficient surety or sureties appear and make acknowledgment before him, that they are bound in the amount of the judgment, interest and costs ; which acknowledg- ment is entered by the justice, and has the effect of a judgment. Exeini>tioiis and Hosnestead taw^ — To every citizen of the State, who is the head of a family, there is reserved free from execution, all house- hold and kitchen furniture, implements of husbandry, tools, hooks, and ap- paratus belonging to his trade or profession, five milch cows, two yoke of work- oxen, two horses, one wagon, one buggy or carriage, one gun, twenty hogs, twenty sheep ; all provisions and forage on hand for home consumption ; sad- dles, bridles and harness necessary for the use of the family. To every citizen not the head of a family, one horse, saddle and bridle, all tools, books and ap- paratus of his trade or profession, and his wearing apparel. A family is enti- tled to a homestead in the country not exceeding 200 hundred acres, or to a lot or lots in a city, town or village, not exceeding $5,000 in value, at the time of their destination as a homestead; and any subsequent increase in value by reason of improvements or otherwise shall not subject the homestead to forced sale. Interest,. — Parties may contract for what rate they choose ; where no rate is specified the rate is eight per cent. Usury laws are abolished. Judgments and I>ien of. — Whenever final judgment is rendered by a court of record it operates as a lien on all the real-estate of the defendant sit- uate in the county where the judgment is rendered, from the day of the date of the judgment ; and upon the real-estate of the defendant in any other county where it inay be recorded, from the time of recording, but the lien will cease to operate if execution is not issued within twelve months from the date of the judgment. The judgment of a court of record does not become dormant unless ten years elapse between the issuance of executions on the same. Judgments LAWS OF TEXAS. 329 rendered by juafcices of the peace operate as liens on the real-estate of defendant in the county where rendered, whenever a certified copy of the judgment is filed in the office of the clerk of the district court of the county. l^ien of ITIeclianics, &C. — Master builders and mechanics have a lieu in the nature of a mortgage on any buUdings they may erect or work upon, and upon the lot of land upon which the building is erected. Such lien, to the extent of any improTements made by them is exclusive of ail other claims. The contract for such work or materials must be in writing, and recorded in the county clerk's of&ce within thirty days after the same is made. Persons per- forming labor or furnishing materials in the construction of a building, erected under a written contract between the owner and builder, or other person, and whose demands for labor or materials have not been paid, may deliver to the owner of the building an attested account of the amount and value of the work or materials, and he shall thereupon retain the amount out of his subsequent payments to the contractor. Any person furnishing supplies or materials, or performing labor for any domestic vessel, owned in whole or in part in the State, has a Uen therefor on such vessel, her tackle, etc., and freight money. Iiimitation of Actions. — Actions of trespass for injury to the estate or property of another ; for detaining or converting personal property ; for tak- ing away goods or chattels, and upon open accounts, except between merchant and merchant, must be commenced within two years after the cause of action accrues ; actions for injuries to person or character, within one year ; actions of debt upon a contract in writing, within four years ; upon judgments within ten years ; actions to recover real-estate as against those in possession under title, or color of title, within three years. Five years peaceable possession of real-estate will give full title, precluding all claims, (except of the government,) where the person so holding claims under a deed duly registered, and cultivates, uses or enjoys the same, paying the tax thereon, if any. Ten years of such possession and cultivation or use, without any evidence of title, will give such possessor fuU property, procursive of all other claims, except of the government. The time of disability from infancy, coverture, or insanity, is not computed as a part of the period of limitation. An acknowledgment to take the case out of the statute, must be in writing and signed by the party to be charged thereby. The statute of limitations was suspended from January 28, 1861, to March 30, 1870. Married 'Woiuen. — Every female under the age of twenty-one years, marrying in accordance with the laws of the State, is thenceforth deemed of full age, with all the rights and privileges to which she would have been en- titled if of fuU age at the time of her marriage. All property, both real and personal, owned by the husband before marriage, and that acquired by him afterwards, by gift, devise, or descent, is his separate property. All property of the wife, owned by her before marriage, and that acquired afterwards by gift, devise, or descent, is her separate property ; but during the marriage her husband has the sole management of her property. All other property acquired by either, during the marriage, is deemed the common property of the husband iind wife, and during the coverture may be disposed of by the husband only ; 330 LAWS OF TEXAS. it is liable for the debts of the husband, and for "those of the wife contracted for necessaries, during marriage ; and upon the dissolution of the marriage by- death, the remainder of such common property goes to the surTiyor, if the de- ceased has no child ; but if the deceased has a child, then the survivor is enti- tled to one-half of said property, and the other half passes to such child or chil- dren. The husband and wife may be jointly sued for all debts contracted by the wife for necessaries furnished herself or children, and for all expenses incurred by the wife for the benefit of her separate property. Notes, Bills aaid Protest. — The holder of negotiable paper may fix the liability of any drawer or endorser, without protest or notice, by bringing suit against the acceptor or maker, before the first term of the court to which suit can be brought after the right of action accrues; or before the second term, on showing good cause why it was not instituted at the first term. When the amount is within the jurisdiction of a justice, such liability may be fixed by bringing suit within sixty days after the right of action accrues. Such liability may also be fixed by protest and notice. Three days of grace are allowed on all negotiable paper. Taxes. — No land can be sold for taxes unless by a special proceeding in court, and judgment for that purpose. "Wills. — Every person of sound mind, aged twenty-one years or upwards, may miake a will of real or personal property. A will must be signed by the testator, or by some other person in his presence, and by his direction ; and if not wholly written by the testator, it must be attested by two or more credible witnesses, above the age of fourteen years, subscribing their names in his presence. A nuncupative will, to be valid, must be made in the time of the last sickness of the deceased, at 'his habitation, or where he had resided for ten daysnext preceding, except when he was taken sick from home and died before he returned ; and it must be proved by three credible witnesses that the testator called on some person to take notice that such was his will, or words of like im- port. After six months have elapsed from the time of speaking the testament- ary words, no testimony will be received to prove a nuncupative will, unless the testimony, or the substance thereof, was reduced to writing within six days after making the will. Soldiers in actual service, and seamen at sea, may dis- pose of their chattels without a compliance with the above requirements. Witnesses. — Interest, or beipg a party, does not disqualify. Certificates of Acknowledgment, &c., of Deeds. 1. Bt Gkantor known to the Officer. State of , ) County of , 5 ^''• Be it remembered, that on this day of 18 , before me [HCtme anrf iiiJfe o/o^o«?'], personally appeared* A. B. tome personally known to be the individual described in and who executed tie foregoing instrument, and LAWS OF TEXAS. 331 aekno-wledged that he executed the same for the consideration and purpoeea therein stated. Witness my hand and seal the day and year first ahove written. [Seal.] {Signature and title.l 2. By Wife execttting with heb Husband a deed of hee sep abate peopeett. (As ahove to the*] C. B., wife of A. B. parties to a certain deed or writing, bearing date on the day of 18 , and hereto annexed ; and hav- ing been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said C. B., acknowledged the same to be her act and deed, and declared that she had willingly signed, sealed and deliv- ered the same, and that she wished not to retract it; to certify which I here- to sign my name and afBx my seal, this day of 18 3. Peoof by stjbscbibikg Witness. (As in form 1 to the*) M. N. personally known to me to be one of the sub- scribing witnesses to the within deed, and being by me duly sworn, stated that he saw the grantor subscribe the same, (or, that the grantor acknowledged in his presence that he had subscribed and executed the same), for the purposes and consideration therein stated, and that he had signed the same as witness at the request of the grantor. Instructions and Forms for Taking Depositions. Upon the appearance of the witness before him the of&cer shall tale his an- swers to the interrogatories, which shall be reduced to writing and signed and sworn to by the witness. The officer must certify, under his hand and seal of office, that the answers were signed and sworn to by the witness before him.. The commission, interrogatories and answers must be sealed up in an envelope, with the officer's name across the seal. He must endorse on the envelope the names of the parties to the suit, and the names of the witnesses, and direct the package to the clerk of the court from which the commission issued. The dep- osition may be returned by mail, by a party interested in taking the same, or other private conveyance. If returned by mail, the postmaster or his deputy must endorse thereon that he received the same from the hands of the officer before whom it was taken. Caption. State op , > County of > > '' In pursuance of a commission issued from the office of the clerk of the court of , in the State of Texas, on the day of 18 , in the ease of to. pending in said court, to take the deposition of witness in answer to interrogatories (and cross-interrogatories) propounded to said in said case, hereto annexed, I, , a commis- sioner of the State of Texas, resident in said State of , caused said wit- ness to come before me on this day of 18 , and having sworn S32 COUBTS OP TEXAS. him to make true answers to said interrogatories, he the said answered as follows : 1st. To the first interrogatory he answered : I, &a. Certipicatb. I, , commissioner as aforesaid, do certify that the foregoing answers were sworn to and subscribed by the witness, said before me. Given under my hand and oificial seal this day of 18 . COURTS OF TEXAS. SUPREME COURT. The supreme court has appellate jurisdiction only, which is co-extensive with the Hmits of the State. It can issue the writ of lidbeas coo-pus, and such other writs as may be necessary to enforce its jurisdiction. Presiding Judge: Lemuel D. Evans, of Austin. Judges: "Wesley Ogden, of Port Lavacoa, Moses B. "Walker, of Austin. Attorney Oeneral; "William Alex- ander, of Austin. Clerk: "W. P. De Normandie. of Austin. . The court meets at Austin on the 1st Monday of December in each year, and continues in session, until the business is disposed of. DISTRICT COURTS. The district court has jurisdiction of all cases of divorce ; of suits to recover •damages for defamation of character ; for the trial of title to land ; for the enforcement of liens ; and of all suits when the matter in controversy shall be valued at, or amount to $100. It also has jurisdiction for appointing guardi- ans, granting letters testamentary and of administration, and for the trans- action of business pertaining to estates. There are three terms of the court in -each year, in each of the counties of the State. JUSTICES' COCRTS. There are five justices of the peace in each county. They have jurisdiction, in civil actions generally, where the matter in controversy does not exceed in value f 100, exclusive of interest. Each justice of the peace holds a term of his court once in each month. The five justices of each county, or any three of them, also compose the county court of the county, to lay out public roads, levy taxes, for county purposes, &o. LAAVS OF VERMONT, BBLATINO TO CIVIL ACTIONS, DEEDS, WILLS, &c., PEBPARBD von THIS WOBK BY RUSSELL & WASHBtJRN, EsQS., of Burlington, Vermont. Revised Statutes, Practice.— The last reTision of the statutes was in 1863, of which a second edition, with an appendix, was published in 1870. The practice is as at common law. Actions are commenced by summons or attachment. Process returnable before the supreme or county court must be served at least twelve days before the session of the court to which it is returnable ; and if against a corporation, . at least thirty days before the session. A summons is served by delivering a true and attested copy to the defendant, or leaving the same at the house of his usual abode, with some person of sufficient discretion, then resident therein ; or, if there be no such person, the officer may lodge the same at the house of 'the then usual abode of the defendant, in such situation that the defendant will most probably receive it. A justice's writ must be served not less than six nor more than sixty days before the time therein appointed for trial. Arrests. — No female can be arrested or imprisoned by virtue of any mesne process, in an action founded on contract, nor by virtue of any execution issued on a judgment recovered in such action. No resident citizen of any State can be arrested by virtue of mesne process issued on any contract, nor by virtue of an execution issued on a judgment recovered in an action founded on con- tract, unless the plaintiff, his agent or attorney, file with the authority issuing (he writ an affidavit, stating that he has good reason to believe, and does be- believe, that the defendant is about to abscond or remove from the State, and has secreted about his person, or elsewhere, money or other property to an amount exceeding $30, or sufficient to satisfy the demand upon which he is to be arrested ; or file an'affidavit stating that the defendant neglects or refuses to pay over on demand money which he holds for the plaintiff in a fiduciary capacity. Attacllinents, — In actions on contract, writs of attachment may issue against the goods, chattels or estate of the defendant ; in actions founded on tort, for want thereof, against the defendant's body. Claims against estates of persons~deceasecl.— Commissioners are appointed to receive, examine and adjust claims. Such time is to be al- 334 LAWS OF VERMONT. lowed for presenting claims aa the circumstances of the case require, but not to exceed two years ; but a creditor applying within six months after, may have the commission renewed for a time not exceeding three months. An ap- peal lies from the commissioners to the county court. Deeds, ]nortgages, Ackno\t'ledgment, Recording:. — ^Deedsof land must be signed and sealed by the party granting the same, and signed by two witnesses, be acknowledged by the grantor, and recorded in the office of the recorder of deeds of the town where the land lies. If not recorded, it will be good only as against the grantor and his heirs. The seal must be an impression upon wafer or wax ; official seals and seals of court may be on the paper alone. A married woman need not be separately examined. Acknowledgment or proof made without the State is valid, if certified according to the laws of the place where made. Leases for more than one year, and powers of attorney to con- vey lands must be acknowledged and recorded in the same manner as a deed. Deeds may be acknowledged or proved, without the State, before a jus- tice of the peace, magistrate, notary public, or commissioner for Vermont ; and in a foreign country, before a notary public, a minister, cliarge d'ffaires, consul or vice-consul of the United States. Depositions. — Any person wishing to take the deposition of a witness out of court, must either cause personal notice to be given by the magistrate taking such deposition, to the adverse party, or a citation, signed by a justice, or other magistrate, to be served on the adverse party, or on his attorney if he reside within the State and the party reside out of the State, which notice or citation shall state the time and place of taking the deposition, and shall be given or served so that the party may have a reasonable time to be present at the taking of the deposition. Execution, and Stay of. — Execution is issuable twenty-four hours after the rising of the county or supreme court rendering final judgment, and returnable within sixty days from the date thereof. An execution may be issued two hours after a judgment in a justice's court. It is necessary to issue execution within thirty days after judgment, in order to hold personal property attached on mesne process, and within five calender months to hold real-estate so attached. Where a case is taken by exceptions to the supreme court from the county court, execution is stayed. The person whose real-estate is set oflf under an execution, or his legal representative, may redeem the same within six months, by paying the sum at which the same was set off, with interest. Eixeniptions, and Homestead liaw. — The following articles are exempt from attachment and axecution, unless turned out to the officer by the debtor, to be taken on the -attachment or execution : such suitable apparel, bed- ding, tools, arms, and articles of household furniture as may be necessary for upholding life, one sewing-machine kept for use, one cow, the best swine, or the meat of one swine, ten sheep, and one year's product of said sheep in wool, yarn, or cloth, forage suf&cient for keeping not exceeding ten sheep and one cow through one winter, ten cords ,of fire- wood, twenty bushels of potatoes, such m ilitary arms and accoutrements as the debtor is required by law to fur- LAWS OF VERMONT. 335 nish, all growing crops, ten busjiels of grain, one barrel of flour, three Bwarms of beea and hives, together with their produce in honey, two hundred pounds •of sugar, and all lettered gravestones, the bibles and other books used in a fam- ily, one pew or slip in a meeting-house or place of religious worship, live poul- try not exceeding in value the sum of ten dollars, the professional books and instruments of physicians, and the professional books of clergymen and attorneys at law, to the value of two hundred dollars ; and also one yoke of oxen or steers as the debtor may select, two horses kept and used for team-work, and such as the debtor may select in lieu of oxen or steers, but not exceeding in value the sum of two hundred dollars, with sufficient forage for keeping the same through the winter ; provided, limcemr, that the exemption of said horses and forage therefor, is not to extend to, or affect any attachment issued on any contract made on or before the first day of December, 1866, or to any execution issued on a judgment founded on any such contract. A homestead to the value of $500, is exempt froni attachment, except for debts accruing before the home- stead is acquired. A homestead right cannot be conveyed by the husband, unless the wife join in the deed. Interest. — The legal rate of interest is six per cent. "When more than six per cent, has been paid, it may be recovered by action. Judgement, and Liien of. — Judgments are not a lien. Liien of Meclianics, &C. — Any person performing labor or furnishing materials in the State, for building, repairing, fitting or furnishing any vessel, shall have a lien on the same for his wages or materials, until eight months after such vessel shall be completed, and may secure the same by attachment, which shall have precedence of all other claims. Mechanics and persons furn- ishing materials for erecting or repairing any building, have a lien therefor, upon such building and the lot on which it stands, which lien continues for three months after payment becomes due for such labor or materials ; but the lien does not attach until the person claiming it, has filed and caused to be re- corded in the town clerk's office, a written memorandum, by him signed, assert- ing such claim. The vendor of real-estate can have no lien thereon for any unpaid purchase money, except such lien as may be created by deed duly executed, acknowledged and recorded. No lien reaeTveduyon personal property sold conditionally and passing into the hands of the purchaser, is valid against attaching creditors and subsequent purchasers, unless the vendor of such prop- erty cause a written memorandum signed by the purchaser, witnessing the lien and the sum due thereon, to be recorded in the town clerk's office of the town, where the purchaser resides, within thirty days after the delivery of the property. Uniitation of Actions. — Actions for the recovery of lands, or for the possession thereof, must be brought within fifteen years after the cause of action accrues. Actions of debt founded upon any contract, obligation or liability, not under seal, or upon a judgment, (except of a court of record) ; actions of debt for rent ; actions of account, assumpsit, or on the case, founded on any contract or liability, expressed or implied ; actions of trespass upon land ; actions of re- 336 LAWS OF TEEMONT. plevin, and all other aotiona for taking, detaining' or injuring goods or chattels ; and all other actions on the case, except for slanderous words and'for libel, must be brought within six years. Actions for assault and battery and for false im- prisonment must be brought within three years ; for slanderous words and for libels, within two years ; against sheriffs, for the misconduct or neglect of their deputies, within four years. Actions brought on promissory notes signed in the presence of an attesting witness, must be commenced within fourteen years. Actions on judgment and on specialties, within eight years. Actions of covenant, other than the covenants of warranty and seisin, contained in deeds of conveyance of lands, must be brought within eight years ; actions on such covenants of warranty, within eight years after a final decision against the title of the covenantor, and on such covenants of seisin, within fifteen years after the cause of action accrues. The time of the continuance of a war between any other country and the United States is not to be deemed any part of the period of limitation, as against an alien subject or citizen of such country. If, at the time when any cause of action of a personal nature accrue against any person he be out of the State, the action may be commenced within the time here lim- ited after such person shall come into the State ; and if, after any cause of action accrue, and before the statute has run, the person against whom it has accrued be absent from and reside out of the State, and have no known property within, the State which can be attached by the ordinary process of law, the time of his absence shall not be taken as any part of the time limited ; but this does not ap- ply to a cause of action accruing out of the State, between parties who were at the time non-residents of this State. If a psirty entitled to bring, or liable to an action, die before the expiration of the time limited for bringing an action or within thirty days after the expiration of said time, and the cause of action survive, it may be commenced, by or against the executor or administrator within two years thereafter. If any person entitled to bring an action be a minor, a married woman, insane or imprisoned when the cause of action accrue, such person may bring the action within the times here limited aft^ the re- moval of such disability. An acknowledgment or promise, to take the case out of the statute, must be in writing, signed by the party affected thereby. Married Women. — The earnings of a married woman are not subject to the trustee process in a suit against her husband. A husband and wife may, by their joint deed, convey the real-estate of the wife, in like manner as she might do by her separate deed if she were unmarried. When a husband leaves the State, without sufficient provision for his wife, the supreme court may authorize her to sell her estate ; and in such case she is entitled to the earnings of herself and of her minor children. Married women may devise their real- estate by wiU. The rents, issues and profits of the wife's real-estate, andmoney arising from the sale of such estate, are exempt from attachment for the debts of her husband. Notes, Balls and Protest. — A promissory note, payable on demand, is considered overdue at the expiration of sixty days from its date. No pre- sentment of such note to the promisor, and demand of payment, will charge the endorser unless made on or before the last day of said term of sixty days. LAWS OF VERMONT. 'iiil Negotiable paper, executed in any other State and payable in thi8 State, or executed in this State and payable in any other State, except paper payable on demand or at sight, is entitled to three days grace. Notes and bills not sub- ject to grace, falling due on the Sabbath, are payable on the following Monday. The 1st day of January, 4th of July, 25th of Deo., and any day appointed or recommended by the Governor of the State, or by the President of the United States, as a day of fast or thanksgiving, are treated as Sunday, as regards the payment and protest of negotiable paper ; and any paper, not subject to grace, falling due on either of those days is considered due on the first day next fol- lowing which is not Sunday nor one of the days thus designated. A notice of l]rotest is sufficient to charge any party to the instrument who resides in the town in which it is made payable, if deposited in the post oiEce nearest the place where such instrument is payable, directed to the party to be charged, at the post office nearest his residence, and the postage thereon prepaid. Xaxes. — Land sold for taxes may be redeemed by the owner, his repre- sentatives or assigns, within one year from the day of sale, by paying the sum for which it was sold, with legal costs and twelve per cent, interest. A list of the lands of non-residents, on which taxes are unpaid, is to be deposited with the first constable of each town on or before the first day of August, annually, and to remain in his hands until the loth of August, before the lauds are ad- vertised for sale. Wills.- — Every person of full age and sound mind may devise lands or per- sonal estate by wiQ. Wills must be in writing, signed by the testator, or by some other person in his presence, and by hia express direction, and attested and subscribed by three or more credible witnesses, in the presence of the tes- tator and of each other. No nuncupative will is valid to pass personal estate exceeding in value $200 ; and no nuncupative will can be proved unless a memorandum thereof is made in writing, by a person who was present at the time of making it, within six days from the making thereof, nor nnless pre- sented for probate within six months from the death of the testator. This does not apply to soldiers in actual service, or mariners at sea. Witnesses. — No person interested shall be disqualified as a witness in any civil suit ; provided, that when either party to a contract is dead or inpane, the other party shall not be admitted to testify in his own favor, except in ac- tions on book account, when he may testify in his own favor as to the hand- writing of his charges, and when they were made, and no further. Mem. — Debts for liquor sold in this State to any one but the authorized agents, or sold in another State where the vendor had good reason to believe that the same was to be sold in this State in violation of law, cannot be col- lected in our courts. And money paid on stioli contracts may be recovered by an appropriate action, or on a plea in off-set. Certificates of Acknowledgment, &c,, of Deeds. State op 'l • County of , J ^^' I, H. A., a commissioner of the State of Vermont, residing in the State of 'do certify, that at in the county of and State of 22 388 CODBTS OF VEKMONT. on this day of A. D. 18 , personally appeared the aforesaid A. B. (and C, B. his wife), who is known to me to be the person who executed the foregoing deed, and acknowledged the same to be his free act and deed. [seal.] [Signature and title.] Instructions and Forms for Taking Depositions. Caption. I, A. B., of , of lawful age, being duly sworn do depose and say: OERTrPICATB. State of , i County of ,\' At in said county of this day of A. D. ] 8 , per- sonally appeared A. B. and made oath that the foregoing deposition by him subscribsd, contains the whole truth and nothing but the truth. Before me, H. A., Commissioner for the State of Vermont. The above deposition is taken at the request of to be used in a cause to be heard and tried by (here insert the style of the court, or name of the jus- tice, &o., by whom the case is to be tried and the time and place of session), in which cause is plaintiff, and is defendant. The deponent (sftate the reason for taking the deposition), is the cause of taking this deposition ; and the adverse party was notified, and did attend. Certified by H. A., Commissioner for the State of Vermont. The deposition must be sealed up and superscribed on the envelope as fol- lows: The within deposition of was taken and sealed up by Commissioner for the State of Vermont. COURTS OF VERMONT. SUPREME COURT. The supreme court has jurisdiction of all cases coming by exceptions from the county courts, of appeals from chancery, to issue writs of error, &c. It holds one session annually in each county. Chief Justice: John Pierpoint, of Vergennes. Assist-ant Justices: James Barrett, of Woodstock ; Asahel Peck, of Montpelier ; Timothy P. Redfield, of Montpelier; Homer E. Royoe, of St. Albans; Jonathan Roas, of St. Johnsbury; Hoyt H. Wheeler, of Rutland. Seporter : W. G. Veazay, of Rutland. COUNTS COURT. There is a county court in each county. It has exclusive jurisdiction of all civil actions, except such as are cognizable by a justice of the peace, and in ac- LAWS OF vmaiNiA 339 tiona of replevin, where the value of the goods or chattels exceeds $20, and where the title of land is concerned, and in trespass on the freehold where the- sum in demand exceeds $20. BURLINGTON CITY COUET. This court has jurisdiction in civil cases to the amount of $500. Judge : William Gr. Shaw. There are no regular terms, but the court is held whenever there is business before it. PROBATE COURTS. There is a probate court in each county, with the ordinary jurisKction of such "Courts. Appeals lie from them to the county cotirts JUSTICES' COURTS. Justices of the peace have jurisdiction of all actions of a civil nature where the debt or other matter in demand does not exceed $200, except for slanderoui words, false imprisonment, replevin for goods and chattels where the value thereof exceeds f 20, and where title to land is concerned ; and of actions of -trespass on the freehold where the sum in demand does not exceed ?20. LAWS OF VIRGINIA BELATINa TO CIVIL ACTIONS, DEEDS, WILLS, &c., PBEPAKED FOB THIS WORK BY THE EDITOB. Bevised Statutes, Code, Practice. — The last revision of the statutes was made in 1849, under the name of the Code of Virginia. A second edition of this revision was published in 1860, containing alterations and amendments made by the General Assembly subsequent to the first edition. The prOjCticB is, in general, as at common law. Actions.'— The usual common law actions, except replevin, are retained. The assignee of any bond, note or writing not negotiable, may maintain there- upon any action in his own name which the original obligee or payee might have brought, but shall allow all just discounts, not only against himself, but against the assignor, before the defendant had notice of the assignment. The process to commence a suit is a writ, commanding the officer to whom it is di- rected to summon the defendant to answer the bill or action ; and it is retum- ab'.e within ninety days after its date to the court, on the first day of a term, or in. the clerk's office, to f'.e first Monday in a month, or to some rule day. 34-0 LAWS OF VIBGINIA. Eules are held, in gfeneral, on tlie first Monday in every month. A summons is served hy delivering a copy to the party in person, or, if he be not found at his usual place of abode, by delivering such copy and giving information of its purport to his wife or any white person found there, who is a memter of his family, and above the age of sixteen years ; or, if neither he nor his wife, nor any such white person, be found there, by leaving sneh copy posted at the front door of said place of abode. Service on a corporation is made upon the chief officer, or, in his absence, upon the cashier or treasurer ; and in their absence upon an agent, with publication in a newspaper once a week for four weeks- The service is made by the sheriff of a county, or sergeant of a corporation. A defendant may appear at the rule day at which the process against biTn is re- turnable, or if it be returnable in term, at the first rule day after the return day, and if the declaration or bill be not then filed, may give a rule for the plaintifE to file the same. If the plaintiff fail to do this at the succeeding rule day, or, at any time after the defendant's appearance, fail to prosecute his suit, he shall be non-suited, and pay to the defendant, besides his costs, five dollars^ If three months elapse after the process is returned executed as to any one or more of the defendants, without the declaration or bill being filed, the clerk shall enter the suit dismissed, although none of the defendants may have appeared. Wo plea in abatement, or plea of non est factum, shall be received unless it be verified by oath. Judgment may be entered upon confession. In cafe of judg- ment by default, an order for the damages to be inquired into is not necessary in actions of debt upon a bond, or other writing for the payment of mcney, or against the drawer er endorsers of a bill of exchange or negotiable noto or in actions of debt, or scire facias upon a judgment or recognizance, or in any action of assumpsit ; provided the defendant be served, at the time the scticn is commenced, with a copy of the account on wljioh the action is brought, cer- tified by the clerk of the court, stating the items of the claim, the amount thereof, the time from which interest is claimed, and the credits, if any. This- does not apply to an action of assumpsit, where process is served by publi_ cation. A creditor may compound with any joint contractor or co-obligor and release him from liability without impairing the obligaticn as to the others ; in such case the contract or obligation to be credited with the fuU share of (he party released, except where the compounding is with a -surety, and then, as between the creditor and principal, the credit to be for the sum actually paid.. The right of contribution is not impaired by such compounding. Arrests. — If a plaintiff in any action show, by affidavit, to the satisfaction of the court in which it is pending, or to any judge or justice of the peace, that he has cause of action against a defendant, and that there is probable cause for believing that said defendant is about to quit the State, unless he be forthwith apprehended, such court, judge or justice may direct that such de- fendant be held to bail for such sum as the court, judge or justice may think fit. Upon his arrest the defendant shall be committed to jail, unless bond be given, with sufficient security, that in case of a judgment in such action, on which a writ oi fieri facias may issue, and of filling interrogatories within four months after such judgment, the c'efeudant will answer such interrogatories upon oath, and make conveyance and ("'elvery of his estile, or perform and sat- isfy the judgment. LAWS OF VIEGHNIA. 341 AttaclimentS are allo-sved as follows : 1. Against non-residents : "When a suit is instituted for a debt, or for damages for breach of a contract, the plain- tiff, on affidavit stating the amount and justice of the claim, that there is present cause of action therefor, that the defendant or one of the defendants is not a resident of the State, and that the affiant believes he has estate or debts due him within the county or corporation in which the suit is, or that he is su3d with a defendant residing therein, may sue out of the clerls's office an attachment against the estate of the non-resident defendant for the amount so stated. 3. Against defendant removing his effects pending suit: On affidavit at or after the institution of a suit, that the plaintiff's claim is believed to be just, and, where the suit is to recover specific personal property, stating the nature and value of such property, and the probable amount of damages the plaintiff will recover for the detention thereof, or where it is to recover money for any flaim or damages for any wrong, stating a sum which affiant believes the plain- tiff is entitled to recover, and also that the affiant believes that defendant is a'emoving or intends to remove such specific property, or his own estate, or the proceeds of the sale of his property, or a material part of such estate or proceeds out of the State, so that execution on a judgment in said suit, when obtained will be unavailing, the clerk shall issue an attachment for sufficient to satisfy th3 claim. 3. Against dolors removing effects : On complaint by any person or his agent to a justice, whether the claim is due or not, that his debtor intends to remove, or is removing, or has removed his effects out of the State, so that there will probably not be sufficient effects of the debtor therein to satisfy a judgment obtained for such claim, and on oath to the truth of the complaint, and to the amount and justice of the claim, and at what time due, the justice shall issue am attachment for the amount so stated. 4. Against tenants remoD- ing effects : On complaint by a lessor or his agent to a justice, that a person liable to him for rent, intends to remove, or is removing, or has within thirty -diys removed his effects from the leased premises, and on oath to the truth of the complaint, and to the amount of rent which will be payable within one year and the times when payable, and either that there is not, or that he be- lieves there will not be, unless an attachment issues, sufficient property left on the premises to satisfy such rent, the justice shall issue an attachment for said rent. 5. Against vessels : Upon a claim against the master or owner of any ves- Bel, for materials, suj^lies, or labor furnished in the building, repairing, equip- ping or navigating the same, or for wharfage, salvage or pilotage, or for any contract for the transportation of, or any injury done to any person or property by such vessel, or by any person having charge of her or in her employment. Attachments (except where sued out specially against specified property), may b3 levied upon any estate, real or personal, of the defendant, and may also be served by garnishment. The plaintiff must, where he desires the officer to talce possBSsion of the property attached, give security to at least double the amount of his claim. An order of attachment for a claim not exceeding $30, issued by a justice, in either of the first three cases above stated, may be made returnable tefore a justice. Claims against estates of persons deceased. — A personal rep- resentative may sue and be sued u];on amy judgment for or against, or any con- 342 LAWS OF VrBGIKIA. tract of or with his decedent. Where the assets of the decedent, after payment of funeral expenses and charges of administration, are not sufficient to satisfy all demands against him, they shall be applied : 1. To debts due the United States; 3. To taxes and levies assessed previous to his death; 3. To debts due as personal representative, guardian or committee, where the qualification was in this State, in which debts shall be included a debt for money received by a husband acting as such fiduciary in right of his wife ; 4. To all other demands ratably, except those in the next class ; 5. To voluntary obligations. Deeds, Mortgages, Acknowledgment, Recording.— No es- tate of inheritance or freehold, or for a term of more than five years, in lands, shall be conveyed unless by deed or will. A scroll is a sufficient private seal for a deed. If the deed is acknowledged no witnesses are necessary. A separate certificate is made for the acknowledgment of a married woman. Any estate may be made to commence infuturo, by deed, in like manner as by will. Any contract in writing, made in respect to real-estate or goods and chattels, in con- sideration of marriage, or for the conveyance or sale of real-estate, or a term, therein of more than five years, every deed conveying any such eslate or term, and every deed of gift, or deed of trust, or mortgage, conveying real-estate or goods and chattels, shall be void as to creditors, and subsequent pnichasi rs for valuable consideration, without notice, until duly admitted to record in the county or corporation wherein the property may be. A power of attorney may be admitted to record in any county or corporation court. The court or clerk of any county or corporation in which any writing is to be re- corded, shall admit the same to record, as to any person whose name is signed thereto, upon a certificate of his acknowledgment before a justice, notary put lio or commissioner for this State within the United States, written on or annexed to the same; or upon the certificate of the clerk of any county or corporation court in this State, or of the clerk of any court out of this State and within the United States, that the said writing was acknowledged by said person, or proved as to him by two witnesses before such clerk, or before the court of which he is a clerk ; or upon a certificate under the official seal of any minister, pleni- potentiary, charge d'affaires, consul general, consul, vice consul or commercial agent, appointed by the government of the United States to any foreign countiy; or of the proper officer of any court of such country, or of the mayor or other chief magistrate of any city, town or corporation therein, that the said writing was acknowledged by such person, or proved as to him by two witnesses, before any person having such appsintment, or before such court, mayor or cliief mag- istrate. When a husband and his wife have signed a writing purporting to convey or transfer any estate, real or personal, she may appear before a court authorized to admit such writing to record, or before the clerk thereof, in his office, and if, on being examined privily and apart from her husband by one of the justices of the court, or by the clerk, and having such writing fuUy ex- plained to her, she acknowledge the same to be her act, and declare that she- had executed it willingly and does not wish to retract it, such privy examina- tion, acknowledgment and declaration shall be thereupon recorded in such court, or in the clerk's office. Or she may appear before two justices or two notaries public who shall be present together, within the United States, or be- I.A.WS OF VIBGINIA. 343 i'ore a commissioner appointed within the same by the governor of this State, £iid such justices, notaries or commissioner may lo examine her; and if after .luoh explanation, she may maJiie such acknowledgment and declaration, shall -certify the same on or annexed to the said writing. Or if the wife be without the United States, she may appear before any minister plenipotentiary, charge, d'affaires, consul general, consul, vice consul, or commercial agent, appointed by the government of the United States to any foreign country, or before any court of such country, or the mayor or other chief magistrate of any city, town, or corporation therein, who shall examine her, and make such explanation as is above required where the wife is in the United States; and if then she male such acknowledgment and declaration as is to required, the person having such appointment, or such mayor or chief magistrate, or the proper officer of such court, shall give a certificate under his official seal, of the said examination, ex- planation and declaration, to the effect required where the wife is within the United States, and upon or annexed to such writing in like manner. Depositions.— In any pending case, the deposition of a witness, whether a party to the suit or not, may be taken without a commission, in this Stiite, by a justice, notary public or c'ommis-ioner in chancery. On affidavit that a witness resides out of this Slate, or is out of it, in the service thereof, or of the United States, a commission to take his deposition may be issued by the clerk of the court wherein the case is pending, directed to any commissioner for Vir- ginia, or to any justice or notary public of the State where the witness may be. Reasonable notice must te given to the adverse party of the time and place of tiikin;^ every deposition. Execution and Stay of. - On a judgment for money, a writ of fieri facias or of elegit may be issued ; on a judgment for the recovery of specific property, a vrrit of possession, and there may also be issued a writ of fieri facias or elegit for the damages or profits and costs. When the judgment is for personal property, the plaintiff may, at his option, have a fisri facias for the alternative value, (instead of a writ of possession), and the damages and costs ; or a writ of distringas. A writ of fiA^ri facias may be levied on money and banknotes, as well as on goods and chattels ; and as against purchasers for valuable consideration 'HT.thout notice, and creditors, such writ binds what it is levied on only from the time of its delivery to the officer to be executed. Such writ is a lien, from the time of its delivery to the officer to be executed, upon all the personal estate of which the judgment debtor is possessed, or to which he is entitled, except that as against an assignee of any such estate for valuable consideration, or a person making payment to the judgment debtor, such lien is valid only from the time he has notice thereof. There is no stay of exeoutioi;, except when an appeal is to be taken, with security. Exemptions an ca^e bj brought after twenty yeai-s. If the person against whom a right of action accrues, afterwards departs from the Stats, the time of his .absence forms no part of the period of limitation. No action shall be main- tained upon a contract which was made and was to be performed in another state or country, by a person who then resided therein, afler the right of action thereon is barred by the laws of such state orcsuntry. There have been sev- erd.1 stay-laws passed in tliis State since 1863, the list of which expired Janu- .ary 1, 1869. As to rights of action which accrued while those laws were in iorce, the time of suuh stay would form no part of the period of limitation. Married Women. — The rights of married women, in this State, are as :at common liw. A married woman may dispose of her separate estate by TiViil. Notes, Bills and Protest. — A bill or note which becomes due on a Sunday is payable and m-ay be protested on the preceding day ; and when it be- comes due on a Christmas day, fourth of July, or first day of January, it is j.iyable on the preceding day, or if that day be Sunday, then on the preceding 346 LAWS OF rmaiNiA. Saturday. When a bill or note is protested on the day preceding any of the holidays above named, notice of the dishonor need not be given until the first day afterwards -which is not eithetf of said holidays. "When a bill of exchange drawn or endorsed within the State is protested, damages are to be paid by the party liable for the principal at the rate of three per cent, if the bill be payable- out of Virginia and within the United States, and at the r.ite of ten per c«nt _ if payable without the United States. Taxes. — There is a Hen upon all real-estate for the taxes assessed thereon, with interest upon such taxes, from the first day of December in the year in wl^ich the same may have been assessed, until payment thereof. In the month of April, May or June of the year 1870, and in one of those months every fi-ic years afterwards, the auditor of the State shall cause to be delivered to the sheriff or collector of taxes for each county and corporation a list of the real- estate therein which, since Feb. 1, 1865, shall have been, or shall hereafter be returned delinquent for taxes, with a statement of the amount due on each tract or lot. Within twenty days after receiving such list, three copies thereof are to be posted, with notice of the sale of the real-estate on the first day of thp next Nov. or Dec. term of the county or corporation court, unless the taxes ai'e previously paid. The owner of real-estate so sold, his heirs or assigns, may, by paying to the purchaser the amount paid by him, with any additional taxes, and interest at ten per cent., redeem the same, within two years. If not so re- deemed, the purchaser may, after the two years, obtain a deed from the clerk of the court of the county or corporation ; and upon record'ng the same within six months from its date, such estate shall stand vested in him, notwithstanding' any irregularity in the proreedings, unless the same appear on the face of the proceedings. If the purchaser do not obtain a deed within one year after the expiration of such two years, the former owner, his heirs or assign, may, after such year and before suoh deed is made, redeem the land by paying as above. W^illS. — ^Every person not of unsound mind or under the age of twenty-one years may make a will ; and minors, eighteen years of age, or upwards, may make a will of personal estate. A married woman may make a will of her separate estate. Wills must be in writing, signed by the testator, or by some other person in his presence and by his direction ; and unless wholly written by the testator the signature shall be made or the will aclinowledged by him in the Ijresence of at least two competent witnesses, present at the same time, and such witneasea shall subscribe the will in the presence of the testator, but no- firm of attestation shall be necessary. A soldier in actual service, or a mariner at sea, may dispose of his personal estate by nuncupative will. Where a will relative to estate within this State has been proved withoutthe same, an authen- ticated copy thereof, and the certificate of probate thereof, may be offered for probate in this State. When such copy is so offered, the court to which it is offered shall presume, in the absence of evidence to the contrary, that the will was duly executed and admitted to probate as a will of personalty in the State or country of the testator's domicile, and shall admit such copy to probate as a •will of personalty in this State. And, if it appear from such copy that th° will LAWS OF VIRGINIA. U7 was proved in the foreign court of probate to have heen so executed as to be a valid will of lands in this State by the law thereof, such copy may be admitfe.l. to probate as a will of real-estate. Witnesses. — "No witness is incompetent to testify because of interc'-t. Parties are competent to give evidence on their own behalf, and are competent and compellable to attend and give evidence on behalf of any other party ; but the court may, for good cause shown, require any party to attend in person and testify ore temis, or exclude his deposition. Husband and wife are not compe- tent witnesses for or against each other during marriage, nor after its termina- tion. Where one of the original parties to the contract or other transaction, which is the subject of investigation, is dead, insane, or incompetent to testify by reason of infamy, or any other legal cause, the other party shall not be ad- mitted to testify in his own favor, or in favor of any other party having i:n interest adverse to that of the party so incapable of testifying, unless he shall be first called to testify on behalf of such last mentioned party. Certificates of Acknowledgment, &c., of Deeds. 1. By Single Person. State (or territory) of ' ^ «a- County (or corporation )of , S To wit : I, A. B., a commissioner appointed by the governor of the State of Virginia, for the said State (o)' territory) of , 6ertify that * E. I'V. whose name is signed to the writing above (or hereto annexed) bearing date uii the day of has acknowledged the same before me in my Stale (or territory) aforesaid. Given under my hand this day of 3. Bt Marbikd "Woman. [As above to the *] E. H., the wife of G. H., whose names are signed to the- writing above, (or, hereto annexed), bearing date on the day of personally appeared before me, in the county aforesaid, and being examined Ly me privily and apart from her husband, and having the writing aforesaid fully explained to her, she, the said E. H., acknowledged tlie said writing to be ht r act, and declared that she had willingly executed the same, and does not wisU to retract it. Given, etc., [as above.] Instructions and Forms for taking- Depositions. Any person to whom a commission is directed may administer an oath to the- ■witness, and take and certify the deposition, with his official seal annexed ; and if he have none, then the genuineness of his signature shall be authenti- cated by some officer of the same State or country, under his official eeal, unlesti the deposition is taken by a justice out of the State but in the United States,, in which case his certificate shall be re:;eived without any seal annexed, or- other authentication of his hignature. 348 COUBTS OP VIRGINIA. FOKM OF CEKTIFICATE AKD OF DEPOSITION. STA.TB OF , ) County of ,.) 18 • I, H. A,, a commissioner of the State of Virginia for the State of , do certify that on the day of , at my ofBoe, between the hours of and , E. F. and Gr. H., (if more than one), witnesses on behalf of A. B., iu a suit depending in the court of , in the State of Virginia, came be- fore me, and the said E. E. having been first duly sworn, deposeth and saith as follows : [Here state what the witness says, and then state any questions asted him by either party and his answers thereto.] Question by plaintiff, [or his attorney.] Answer. Question by defendant, [or his attorney.] Answer. And further this deponent saith not. (Signed,) E. F. And the said G. H., having been first duly sworn, deposeth and saith as ful- lows, that is to say: [Here state as before.] (Signed,) G. H. Which examination being completed, I now send and certify the same unto the said court of , in the State of Virginia. In testimony whereof, I hereunto subscribe my name and affix my seal on the day of , at the place and between the hours specified. [L. s] H. A. The depositions are then to be enclosed, and the envelope sealed and directe 1 as follows : To the Clerk of the Court of , Virginia. COURTS OF VIRGINIA. StrPEEME COURT OF APPEALS. This court has appellate jurisdiction only, except in cases of habeas corpus, mandamus and prohibition. It does not have jurisdiction in civil causes where the matter in controversy, exclusive of costs, is less than $500. It consists of five judges. Presiding Judge: E. C. L. Moncure. Associate Judges : Walter K. Staples, Joseph Christian, William T. Joynes and Francis T. Audersan. • Three terms are held annually : one at Richmond, oommeacing on the first day of November, and continuing 160 days, unless the business be sooner dispatched ; Maroellus T. Starke, Clerk ; one at Staunton, on the first day of August, con- tinuing sixty days, (unless as above) ; John Parris, Clerk ; one at Wytheville, on the first day of September, continuing sixty days, (unless aa above); Joseph W. Caldwell, Clerk. LAWS OF WE.ST VIRGINIA. 349 CIRCUIT COUBTS. The State is divided into sixteen judicial circuits, for each of wliich a circuit judge is elected by the legislature for eight years. The circuit court has juris- diction in all cases in chancery and all actions at law for amounts over f 50, and appeals lie to this court from the county courts. There are at least two terms of the court annually in each county. Judges : 1st circuit, George Blow, Jr. ; 2nd. S. S. Weisiger ; 3rd. Asa D. Dickinson ; 4th William M. Tredway ; oth. Giistavus A. Wingfield ; 6th. Henry ShackeUord ; 7th. Beverly B. "Wellford, Jr. 8th. G-eorge T. Garrison ; 9th. James M. Jeffries ; lOth. "William S. Barton ; 11th. James Keith; 12th. Bobert H. Turner; 13th. William McLaughlin ; 14th. Alexander Mahood; 15th. John H. Fulton ; 16th. John A. Kelly. COUNTY AND COBPOKATION COUBTS. These courts have general civil jurisdiction at law and in chancery. Appeals lie from the corporation courts to the supreme court of appeals. The judges are elected for si.x years. Terms are held monthly. LAWS OF WEST A/IRGINIA, KELATING TO CIVIL ACTIONS, DEEDS, WILLS, &c., PREPARED FOR THIS ^\■ORK BY WM. P. HUBBAED, Esq., of Wheeling, W. Va. [The liws of this State are, in many respects, identical with those of Virjiiiiia whence they were derived.] Revised Statutes, Cotle, Practice. — The last revision of Ihe stat- utes, known as the Code of West Virginia, was enacted Dec. 29th, 18C8, and took effect April, 1809. A new constitution was adopted in convention at Charleston, April 9th, 1873, and ratified by vote of the people, on the 4th Thurs- day of August. 1872. The practice in civil suits is sutstantially that of the common law, though somewhat modified by statute. Piocess. Civil actions are commenced by summons, returnable within ninety days to court, on the first day of a term, or to the clerk's office on some rule day, or the first Monday in a month. Bules are held every month in the clerk's office, at which parties plead, and take other steps necessary to mature a case for trial. Conditional judgments and decrees are taken at the second rule day after service on the de- fendant, and in proper cases, orders for inquiry of damages to be executed in 350 LAWS or WEST VIKaiNIA. court. In a case at law, where from its niture there is no order of inquiry, the plaintiff on filing an afSdarit that a certain sum is due, may have final judg- ment for such sum on the 15th or last day of the term, whichever shall happen first, vm^lesB his conditional judgment shall have been set aside, which is done as a matter of course on defendant moving therefor and pleading. Service of Process. Process may be served by any credible person, and his af&davit shall "be evidence of the time and manner of service. Process may be served on or before the return .day, by delivering a copy to the party in person ; or, if he be not found at hi^ usual place of abode, by delivering a copy with information, of its purport, to any member of his family found there, over sixteen years of age, or if none such be found there, by posting copy at his front door. If the de- fendant be a non-resident, an order of publication may be taken against him in court or at rules, and after it has been published four weeks, and posted twenty days on the door of the court house, the case may be tried as to him. Arrests. — An order for the arrest of the defendant may be made by the court in which the action is pending, or by the clerk thereof in vacation, upon affidavit showing the nature, justice and amount of plaintiff's claim, and the existence of some one or more of the following grounds: 1. That the defendant has removed, or is about to remove, any of his property out of the State with intent to defraud his creditors. 2. That he has converted, or is about to con- vert, his property into money or securities with like intent. 3. That he has as- signed, disposed of or removed his property, or any part thereof, or is about to do so with like intent. 4. That he has property or rights in action which he fraudulently conceals. 5. That he fraudulently contracted the debt or incurred the liability for which the action or suit is brought. 6. That he is about to leive the State and reside permanently in another State or country, without paying the debt or liability for which the action or suit was brought. Tlie Tjlaintiff must give undertaking, with security, to pay defendant all damages by reason of the arrest, should it appear that the order was wrongfully ob- tained. The defendant may be discharged by giving bond and security to answer upon oath such interrogatories as may be filed with a commissioner of tlie court, within four months after judgment or decree, under the law autho- rizing interrogatories to execution debtors to be filed, and to malie the convey- ance and delivery required by such law, or to satisfy the judgment. Or the defendant may at once give notice to plaintiff to file interrogatories, and upon the plaintiff's failure to file them, or upon proper answers and conveyance by defendant, he may be discharged. AttaclinientS issue in cases at law or in equity, upon affidavit filed with the clerk of the court, stating the nature and amount of the plaintiff's claim, and the existence of one or more of the following grounds : 1. That defendant, or one of the defendants, is a foreign corporation, or a. non-resident. 2. That the defendant has left or is about to leave the State with intent to defraud his creditors. 3. That he so conceals himself that a summons cannot be served upon him. 4. That he is removing or about to remove his property or a part thereof oiit of the State with intent to defraud his creditors. 5. That he is converting or about to convert his property or a part thereof into money or securities, with intent to defraud his creditors. 6. That he has assigned or disposed of his LAWS 01' ^VEST VTEGINIA. 351 property or a part thereof or is about to do so with intent to defraud his cred- itors. 7. That he has property or rights in action which he conceals. 8. That he fraudulently contracted the debt or incurred the liability for which the ac- tion or suit is brought. Attachments may be obtained upon a claim not due ; in which case affidavit must show when it will be due. If plaintiff give bond and security, the sheriff will take attached property into his possession. At- tachments issue for rent not yet due, but payable within a year, upon affidavit that the tenant is about to remove and will not leave on the premises enough property to satisfy the rent. Claims against tlie estates of persons wa/rranto, Tiaieas corpus, man- damus, and prohibition ; and cases involving the constitutionality of a law. In criminal oases it shall have appellate jurisdiction where there has been a conviction, or an affirmance of a conviction, for felony or misdemeanor in a cir- cuit court. By the new constitution this court is to consist of four judges, any three of whom shall be a quorum. They are to be elected by the voters of the . State, and to hold office for twelve years, except that of those first elected two, to b3 designated by lot, shall hold for four years, a third for eight years, and the fourth for twelve years. Judges: [The election has not yet taken place under the new constitution.] Ralph L. Berkshire, Edwin Maxwell, Charles P. T. Moore. Clerk: Sylvanus W. Hall. Reporter: J. M. Hagans. Attorney General: Joseph Sprigg. Terms : At Charleston on the second Thursday in January ; at Wheeling on the second Thursday in July. CIRCUIT COURTS. The circuit court shall, by mandamus, prohibition, or certiorari have the supervision and control of all proceedings before the county courts and other inferior tribunals. They shall, except where it is otherwise provided by the constitution, have original and general jurisdiction of all matters at law, where the amount in controversy, exclusive of interest, exceeds fifty dollars, and of all cases in equity, including proceedings for divorces, change of names of persons, and the sale of estates of persons under disability, and of aH felonies and misde- meanors. They shall have appellate jurisdiction upon petition and assignment of error, in all judgments, decrees, or final orders rendered by the county courts and other inferior courts of record, when the matter in controversy is of greater value than $30. By the new constitution, the State is to be divided into nine circuits, for each of which a judge is to be elected by the voters thereof, to hold office for eight years. A circuit court is to be held in every county twice a year. The present judges are: 1st Circuit, Thayer Melvin ; 2d. Chapman J. Stewart ; LAWS OP WISCONSIN. 359 Srd. John A. Dilke ; 4tli. Thomas W. Harrison ; 5th. Joseph T. Hoke ; 6th. E. B. HaU; 7th. J. M. MoWhorter; 8th. Kobert Irvine ; 9fch. aeorge Loomis; 10th. Eohfirt S. Brown; lltli." James W. Hoge ; 13th. C. W. Smith; 13th. Henry L. Grillespie. COUNTY COURTS. The new Constitution provides for the formation of a county court, in each county of the State, to be composed of a president and two justices of the peace, and to hold six sessions during the year, two for the police and fiscal af- fairs of the county, and the others for the trial of causes and other business of the court, except an assessment or levy upon the property of the county, which requires a majority of all the justices in the county. The president of the court is to be elected by the voters of the county, and to hold office for four years. Each county is to be laid off into districts, not less than three, nor more than ten, in number, in each of which one, and not more than two, justices of the peace are to be elected by the voters thereof, to reside in their respective districts, and hold office for four years. The county court shall have original jurisdiction in all actions at law where the amount in controversy exceeds $20 ; and also in all cases of Iwieas corpus, quo loa/rranto, mandamxLS, certiorari, pro- hibition, and in all suits in equity, and matters of probate. They shall have jurisdiction of aU appeals from judgments of justices. JUSTICES OF THE PEACE. The civil jurisdiction o E a justice of the peace shall extend to actions of as- "sumpsit, debt, detinue and trover, if the amount claimed, exclusive of interest, does not exceed $100 ; but where the amount exceeds $30, the justice shall, on application of the defendant, at any time before trial, transmit the papers in the ■case to the county court. Their jurisdiction extends throughout their county. LAAVS OF WISCONSIN EELATING TO CIVIL ACTIONS, DEEDS, WILLS, &c., PKEPAKBD FOB THIS WORK BY THE BDITOK. BeviSCil Statutes, Code, Practice.— There was an authorized re- vision of the statutes in 1858, which has been continued to the close of 1871, by David Taylor, Esq., and is now published in two volumes. The practice is under a, code, adopted in 1857, and similar to that of New York. Actions. — The distinction between actions at law and suits in equity, and -the forms of all such actions as they existed before the Code, are abolished. The rules as to forms of actions, parties, place of trial, manner of commencing 360 LAWS OF WISCONSIN. actions in courts of record, pleadings, amendments, issues, trials, and judgment, are similar to those in New York. The usual process for commencing an ac-- tion before a justice is a summons, signed by the justice, requiring the defend- ant to appear before him not less than six nor more than fifteen days jErom the date thereof. The summons may be made returnable in three days, if the de- fendant is a non-resident, or about to remove from the county with intent not to return thereto to reside, or if he is about fraudulently to remoye, convey or dispose of his property, so that the plaintifE will be in danger of losing his claim. Instead of the summons the justice may issue a warrant of arrest, re- quiring the defendant to be brought before him forthwith, upon proof, by affi- davit, that the plaintiff has a demand against the defendant for money collected by him as a public officer ; or for damages for misconduct or neglect in any professional employment or public office ; and also, in actions other than those founded on judgment or contract, upon like proof that the defendant has com- mitted a trespass or other wrong, to the damage of the plaintiff ; or, that he has incurred a penalty or forfeiture by the violation of some law of this State, for which the person filing the affidavit has a right to prosecute. A summons must be served at least six days, and a summons returnable in three days, at least two days, before the time of appearance. The pleadings in justices' courts are complaint, answer and demurrer ; and these may be oral or in writing. In justices' courts the plaintiff, if a non-resident of the county, must give secirrity for costs, and the justice may require such security in all cases. Arrests are allowed in courts of record, under the same circumstances and in the same manner as in New York. For arrests in justices courts, see under Actions. Attachments. — A creditor may ;firoceed by attachment, in the circuit Court for the proper county, against the property of his debtor, upon affidavit, annexed to such writ, stating that the defendant is indebted to the plaintiff, and specifying the amount of such indebtedness, (which must exceed $5U), over and above all legal set-offs, and that the same is due upon contract, express or implied, or upon judgment or decree, and containing a further statement that the deponent knows, or has good reason to believe, either : 1. That the defen- dant has absconded or is about to abscond from this State, or is concealed therein to the injury of his creditors ; or, 3. That he has assigned, disposed of or con- cealed, or is about to assign, dispose of or conceal any of his property, with in- tent to defraud his creditors ; or, 3. That he has removed, or is about to remove any of his property out of this State, with intent to defraud his creditors ; or, 4. That he fraudulently contracted the debt or incurred the obligation respect- ing which the action is brought; or, 5. That he is not a resident of this States or, 6. That the defendant is a foreign corporation ; or, 7. That the defendant has fraudulently conveyed or disposed of his property, or a part of it, with in- tent to defraud his creditors. The writ msy be allowed by a judge or court commissioner, or issued by the clerk, and it must be sealed with the seal of the court. An undertaking must be given, in at least the sum of $250. The writ may be executed upon the real and personal estate, debts and credits of the de- fendant. The attachment shall be a I'en on real-estate from the time it was LAWS OP WISCONSIN. 361 attached, if a certified copy of the -writ, with a description of such real-estate, be deposited in the office of register of deeds in the county where the same is situated, within three days after such real-estate was attached ; otherwise, only from the time such certified copy shall be so deposited. Defendant may obtain the release of the property attached, upon giving bond, in at least double the alleged debt. The defendant by his affidavit, may traverse the material facts in the plaintiff's affidavit, and it shall then be incumbent on the plaintiff to prove the truth of the facts so traversed, and such issue shall be tried by the court. If the court find for the defendant on such issue, the judge shall tax defendant's costs of such trial, and such costs, together with the damages sus- tained by the defendant by the taking and detention of the property attached,. or for any injury thereto, shall be assessed by the jury on the trial of the action, and shall be allowed by the jury as an off-set to the plaintiff's demand ; and if they exceed plaintiff's demand, the defendant shall have judgment for such ex- cess. A garnishee msy be required to appear before a judge, and answer under oath touching his liability as garnishee of defendant. A justice may issue a warrant of attachment, upon like cause shown by affidavit, where the debt ex- ceeds five dollars. The warrant is executed by summoning the defendant, if to be found within the county, and by attaching his goods, chattels, moneys and effects. A garnishee may be required to appear before the justice to answer touching his liability as such. Claims against estates of persons deceased. — Two or more- suitable persons are usually appointed by a judge of the county court, upon request of any person interested in the estate, as commissioners, to receive, ex- amine, and adjust claims against the deceased. The court allows such time as the circumstances of the case require, not exceeding, in the first instance, eigh- teen months, nor less than six months, for creditors to present their claims. This time may be extended, but not so that the whole time shall exceed two years from the time of appointing the commissioners. On application of a creditor who has failed to present his claim, if made within six months from the time previously limited, the court may, for good cause shown, allow further time, not exceeding three months. Every person having a claim against a de- ceased person, who shall not exhibit his claim within the time limited by the court for that purpose, shall be forever barred from recovering such demand. An appeal may be taken, within sixty days, from the decision of the commis- sioners, to the circuit court. Debts are to be paid in the following order, after paying expenses of administration: 1. Necessary funeral expenses, 2. Expenses of the last sickness. 3. Debts having a preference by the laws of the United States. 4. Debts due to other creditors. Deeds, Mortgages, Acknowledgment, Recording. — Convey- ances of land, or of any estate or interest therein, may be made by deed, signed and sealed by the person from whom the estate or interest is intended to pass, being of lawful age, or by his lawful agent or attorney, and acknowledged or proved. A scroll or device is a sufficient private seal. Deeds executed within the State must be executed in the preeence of two witnesses, whomust subscribe their names to the same as such. A married woman may by deed convey her 362 LAWS or WISCONSIN. real-estate in the sarae manner and with like effect as if she were unmarried ; or a husband and wife may, by their joint deed, convey the real-estate of the wife in like manner as she may do by her separate deed, but the wife shall not be bound by any covenant in such joint deed. A deed of quit claim and release, -of the form in common use, is sufficient to pass aU the estate which the grantor could lawfully convey by deed of bargain and sale. No covenant shall be im- plied in any conveyance of real-estate. Deeds executed within the State may be acknowledged b.efore any judge or commissioner of a court of record, clerk of the board of supervisors, notary public, justice of the peace, clerk of the circuit court, or of the municipal court of the city and county of Milwaukee ; and the officer shall endorse thereon a certificate of the acknowledgment, and the true date of making the same, under his hand. Deeds executed in any •other State, territory or district of the United States, may be executed accord- ing to the law of such place, and the execution may be acknowledged before a judge of a court of record, notary public, justice of the peace, master in chancery, or other officer authorized by the laws of such place to take acknowledgments therein, or before a commissionor of deeds for Wisconsin ; but unless taken be- fore such commissioner, there shall be attached to the deed a certificate of the clerk or other proper certifying officer of a court of record of the county or dis- trict, under the seal of his office, 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- scribed thereto to be genuine, and that the deed is executed and acknowledged according to the laws of such State, territory or district. If executed in any foreign country, it may be executed according to the laws of such country, and he acknowledged before a notary public, or other officer authorized by the laws of such country to take acknowledgments of deeds therein, or a minister, pleni- potentiary, extraordinary or resident, charge d'affaires, commissioner or con- sul of the United States appointed to reside therein ; and certified by such officer under his hand; and if taken before a notary public, his seal of office shall be affixed. The acknowledgment of a married woman, residing in the State, or the proof of her execution of a deed, may be taken and certified as if she were sole. A married -woman of the age of eighteen years and upward, may bar her dowei: in any real-estate within the State, by joining with her -husband in a deed of conveyance, duly executed and acknowledged ; and any married woman may, by letter of attorney, duly executed, authorize her attorney to bar her dower, or to convey any other interest in real-estate within this State. When a, married woman not residing in this State joins with her husband in a con- veyance of real-estate situated within this State, the conveyance shall have the same effect as if she were sole, and the acknowledgment or proof of the execu- tion of such conveyance by her may be the same as if she were sole. There is no provision by statute for proof of execution, except within the State. Every . conveyance of real-estate not recorded in the office of register of deeds where the lands lie, is void as against any subsequent purchaser in good faith, and for a valuable consideration, of the same real-estate, whose conveyance shall be first recorded. Mortgages.- — A wife need not join in a purchase-money mortgage, in order to bar her dower. A mortgage of a homestead is not valid unless the wife join. Lands sold under a foreclosure may be redeemed within one year, by LAWS OF WISCONSIN 363 paying the amount for which they were sold, with ten per cent interest. Mort- gages containing a power of sale may be foreclosed by adfertiscment for six weeks. Chattel mortgages must be filed in the office of the clerk of the town or city where the mortgagor resides, or if he do not reside in the State, then where the property may be at the time of executing the mortgage. They cease to be Talid, as against creditors, subsequent purchasers or mortagees, after one year, unless within thirty days next preceding the expiration of the year an affidavit is made and filed, setting forth the interest of the mortgagee. Aliens possess and enjoy property the same as citizens. Depositions. — The deposition of a witness, within the State, may be taken before a justice or court commissioner, at any time after the commence- ment of an action, if the witness live more than thirty miles from the place of trial, or shall he about to go out of the State, and not to return in time for the trial, or is so sick, infirm or aged as to make it probable that he will not be able to attend at the trial ; or a member of the State legislature, (it being in session), or of a legislative committee required to be in session dviring the recess, and he waive his privileges. Written notice of the time and place of taking must be given, which must be served at least twenty-four hours betore the time ap- pointed, and must allow at least one day, Sundays excepted, for every twenty miles travel. The examination may be either upon verbal or written interrog- .atories. The deposition of a witness without the State may be taken under a commission ieaued to one or more competent persons, by the court in which the cause is pending. Such deposition must be taken upon written interroga- tories, to be exhibited to the adverse party or his attorney, and cross-inter- ogatories to be filed by him, if he shall think fit. Execution, and Stay of. — Execution may issue at any time within five years after entry of judgment, and aliai executions at any time thereafter. The execution is returnable within sixty days. Keal-estate sold on execution may be redeemed within two years by the debtor, his devisee, heir or grantee, "by payment of the sum for which the same was sold, with ten per cent, interest. Execution upon a judgment by a justice of the peace may he stayed by security given within five days after the judgment. The stay is for one month, if the judgment be for a sum not exceeding f 10, exclusive of costs ; for two months, if above SIO and not exceeding $30 ; for three months, if above $30 and not exceeding $50 ; and for four months, if above |50. An appeal with sufficient security stays execution. Execution is against property, against the person, or for delivery of possession of real or personal property. Exemptions, and Homestead Iiawr._The foUowing personal property is exempt : 1. The family Bible. 3. Family pictures or school-books. 3. The library of the debtor or any part thereof, (but this does not extend to circulating libraries.) 4. A seat or pew in any house or place of public worship. 5. The right of burial of the dead. 6. All wearing apparel of the debtor and his family ; all beds, bedsteads and bedding kept and used for the debtor and his famUy ; all stoves and appendages put up or kept for the use of the debtor and his family ; all cooking utensils, and all other household furniture not herein enumerated, not exceeding $200 in value, one gun, rifle or other fire- 364 LAWS OP WISCONSIN. arm not exceeding $50 in value. 7. Two cows, ten swine, one yoke of oxen ani one horse or mule, a span of horses or a span of mules, ten sheep and the wool from the same, either in the raw material or manufactured into yarn or cloth ; the necessary food for all the stock mentioned in this section for one year's support, either provided or growing, or both, as the debtor may choose ; one wagon, cart or dray, one sleigh, one plough, one drag, and other farming utensils, including tackle for teams, not exceedin'j $50 in value. 8. The pro- visions for the debtor and his family necessary for one year's support, either provided or growing, or both, and fuel necessary for one year, 9. The tools and implements, or stock in trade, of any mechanic, miner, or other person used and kept for the purpose of carrying on his trade or business, not exceed- ing $200 in value ; the library and implements of any professional man, not exceeding $300 in value ; all of which articles hereinbefore intended to be exempt, shall be chosen by the debtor, his agent, servant, clerk, or legal repre- sentatives, as the case may be, 10. All moneys arising from insurance of any property exempted from sale on execution, when such property has been de- stroyed by fire. 11. All inventions of any inventor, secured by letters patent of the United States. 13. All sewing machines owned by individuals, and kept for the use of themselves or families. 13. Any sword, plate, books, or other articles presented to any person by Congress, or the legislature of any State. 14. Printing materials and press or presses to an amount not exceeding $1,500. 15. The earnings for sixty days next preceding the issuing of process, of all married persons, or persons who have to provide for the entire support of a family. 16. All iire engines, apparatus and equipments, engine houses, etc. There is no exemption upon a judgment in an action for the purchase money of the same property. A homestead, consisting of any quantity of land not exceeding forty acres, used for agricultural purposes, and the dwelling house thereon and its appurtenances, to be selected by the owner, and not included in any town plot, or city, or village ; or instead thereof, at the option of the owner, a quantity of land not exceeding one-fourth of an acre, within a re- corded town plot, or city, or village, and the dwelling house thereon and its appurtenances, owned and occupied by any resident of the State, is exempt. Such .exemption does not aifect any laborer's or mechanic's lien, nor extend to any mortgage thereon lawfully obtained. The exemption continues after the death of the owner, in case any infant children survive. The owner of a home- stead may remove from the same, or sell it, without rendering it liable to sale or execution. No real-estate is exempt from taxes. Interest. — The legal rate is seven per cent.; but parties may contract in writing for any rate not exceeding ten per cent. In computing interest on any bond, note, or other instrument or agreement, interest shall not be compounded, nor shall the interest thereon be construed to bear interest, unless an agree- ment to that effect be clearly expressed in writing, signed by the party to be charged therewith. Where a greater rate of interest is reserved than ten per cent., no interest shall be recovered. Judgment, and. Liien of.— A judgment of the circuit court is a lien, from the time of its being docketed with the clerk of the circuit court of the county where rendered, on the real property of the defendant in said county^. LAWS OF WISCONSIN. 365 which he may have at the time, or may acquire at any time thereafter, for ten years. It becomes a lien, in like manner, in any other county, upon filing a transcript of the original docket. A justice's judgment heoomes a lien on filing a transcript of the judgment with the clerk of the circuit court of the county in which the judgment was rendered. An attorney may satisfy a judgment within two years after the filing of the record of such judgment. Iiieil of Mecltanics, &c. - A Hen is given to mechanics of all kinds for work done or material furnished in erecting, repairing or removing any building, machinery, (so erected as to become a fixture), or bridge, or in filling up a water lot, or constructing a wharf or other permanent fixture thereon, or dredging out the channel in front thereof. The lien extends to such building, machinery, &o., and to the right, title and interest of the person owning the same in and to the lands upon which the same are situated, not exceeding forty acres, or if in the limits of any incorporated city or village plat, not exceeding one acre. If the work is done under contract by the owner or his agent with any person, no person doing work or furnishing material for such contractor shall have a lien unless he give notice in writing, within thirty days after per- forming the work or furnishing the materials, to the owner or his agent, of such work,-&o. The claim of such sub-contractor is a Hen only so far as the owner may be indebted to the contractor at the time of such notice, or may afterwards become indebted to him under his contract. The mechanic's lien takes precedence of any other lien originating subsequent to the commence- ment of such building, &c. The lien wiU not continue after one year, unless a petition or claim be filed, and an action commenced within the year. The petition or claim must be filed in the office of the clerk of the circuit court of the county within six months from the date of the last charge for work or ma- terials. Liiinita.tion ©f Actions. — Actions for the recovery of real-estate, or for the possession thereof ; upon a judgment or decree of any court of record of this State, and upon a sealed instrument, when the cause of action accrues within this State, must be brought within twenty years ; upon a judgment of a court of record of any State or territory within the United States, or of any court of the United States ; and upon a sealed instrument when the cause of action accrued without this State, within ten years. Actions must be brought within six years upon the same causes of action as in New York, (see page 357 -of this work). Within three years, upon the causes of action under subdivision 1 of the same limitation for New York (page 257). Within two years, 1. Upon a statute for a penalty or forfeiture, where the action is given to the party ag- grieved, or to such party and the State, or to the State alone, except where the statute imposing it prescribes a different limitation. 2. For libel, slander, as- sault, battery or false imprisonment. Within one year, against a sheriff or other officer, for the escape of a prisoner arrested or imprisoned on civil pro- cess. In an action to recover the balance due upon a mutual and open account current, the cause of action is deemed to have accrued at the time of the last item proved in the account. An action for relief not hereinbefore provided for, must be brought within ten years after the right of action accrues. If when the cause of action accrue against any person, he shall be out of the State, the 366 LAWS OF ■WISCONSIN. action may lie commenced within the terms here limited after Ms return intc the State ; but this does not apply to cases -where neither party is a resident of this State when the cause of action accrues. If after a cause of action accrues ao-ainst a person, he departs from and resides out of the State, the time of hia absence shall not be deemed any part of the period of limitation. If a person entitled to bring an action (except for a penalty or forfeiture, or against a sheriff for an escape, or for recovery of real property), be, at the time the cause of action accrue, within the age of twenty-one years, insane, imprisoned on a criminal charge or in execution under sentence of a criminal court for a term less than his natural life, or a married woman, the time of such disability shall not be any part of the time limited, except that the period within which the action must be brought cannot be extended more than five years, by any such disability, (except infancy); nor can it be extended in any case longer than one year after the disability ceases. An acknowledgment, to take the case out of the statute, must be in writing, signed by the party to be charged: thereby. The effect of a payment of principal or interest is not altered. Ittari'ied Women. — The real and personal property belonging to a woman at the time of her marriage, and that which she may receive by in- heritance, or by gift, grant, devise or bequest from any person other than her husband, and the rents, issues and profits thereof, are not subject to the dis- posal of her husband, nor liable for his debts, but continue her sole and sepa- rate property. She may convey and devise her separate property as if she were unmarried. If her husband neglect or refuse to provide for her support, or for the support and education of her children, or desert her, she may trans- act business in her own name, and receive her own earnings and those of her children, and apply the same to her support and to the support and education of her children, free from the interference of her husband. A policy of insur- ance on the life of any person, expressed to be for the benefit of a married woman, effected by any person, shall inure to her own benefit and that of her children. Notes, Bills and Protest.— On all bills of exchange, payable at sight, or at a future day certain, within the State, and all negotiable promissory notes, ■ orders and drafts payable at a future day certain, within this State, grace is allowed. This does not apply to bills, notes or drafts payable on de- mand. The 32d of Feb., 4th of July, 25th of Dec, 1st day of Jan., and any- day appointed by the governor of the State or President of the United Slates, as a day of public thanksgiving, are holidays. A bill or note falling due on such day is payable on the secular day next preceding. Whenever the 4th of July, 25th of Dec, 1st of Jan., or 22nd of Feb., fall upon Sunday, the folio-wing Monday shall be a legal holiday, and bills, &c., shall be due on the secular day next preceding. Notaries must keep a record of protests, and their records are presumptive evidence of the facts stated. Taxes. — Lands upon which the taxes are not paid by the first day of Feb- ruary are subject to sale. Such sale is made on the second Tuesday of May. Land sold for taxes may be redeemed at any time within three years, by the owner or occupant, by payment of the amount for which the same -was sold, LAWS OF WISCONSIN. 367' with interest at twenty-five per cent, per annum ; or at any time before the tax deed is recorded. The person so redeeming must also pay all other taxes and charges on the land, imposed subsequent to such sale, with twelve per cent, in- terest. Minors may redeem at any time withia one year after coming of age Idiots, married women, widows and Insane persons may redeem within five years after the sale. "Wills. — Every person of full age and sound mind may devise real and personal estate by will. No will made within the State, except nuncupative wills, shall pass any estate, unless it be in writing, signed by the testator, or by some person in his presence and by his express direction, and attested and' subscribed in the presence of the testator, by two or more competent persons. No nuncupative will shall be good, when the estate bequeathed exceeds $150, unless proved by the oath of three witnesses, at least, that were present at the- making thereof ; nor unless it be proved that the testator, at the time of pro- nouncing the same, did bid tbe persons present, or some of them, bear witness that such washis will, or to that effect ; nor unless such will were made at the time of the last sickness of the deceased, and in the house of his habitation, or where he had been resident for ten days or more next before the making of such will, except where he was unexpectedly taken sick, being from home, and died before his return. Unless the testamentary words, or the substance thereof, were reduced to writing within six days after they were spoken, no testimony shall be received after six months to prove the same a nuncupative will. "Witnesses. — No person is disqualified as a witness in a civil action by- reason of his interest as a party or otherwise, but such interest may be shown for the purpose of affecting his credit. A party shall not be examined as a witness on the trial when the opposite party sues or defends as administrator or legal representative of any deceased person ; nor in relation to any matter in controversy in such action, which the plaintiff or defendant claims as as- signee, when the original assignor is dead or insane, or otherwise legally inca- pacitated from giving testimony; nor in relation to any matter in controversy arising out of any transaction managed or conducted by an agent of the oppo- site party, or by an agent of the original assignor of such party, when such agent is dead, insane, or otherwise legally incapacitated from giving testimony; and no assignor of a contract or thing in action shall be admitted as a witness' on the trial in behalf of the person claiming title through or from him, agaiast an assignee, executor or administrator, unless the other party, to such contract or thing in action, whom the plaintiff or defendant represents, is living, and his testimony can be procured ; provided that a party may, in all cases, be examined as a witness in relation to any conversation, transaction or matter as to which the opposite party has given evidence on the trial, and which did not take place with or in. the presence of such deceased or insane person, or person otherwise legally incapacitated from giving testimony, and in relation to any matter as to which the testimony of such deceased person, taken in his life-time, shall be given in evidence upon the trial. A person charged with s> crime may, at his own request, but not otherwise, be a witness in his own be- half ; but his neglect or refusal to testify shall create no presumption against him. 368 COUETS OF WISCONSIN. Certificates of Acfeiiowledgmemt, &c., of Deeds. By Gbantoe known to the Officer. Statb of , ) gg County of , ) '' Be it remembered, that on this day of , 18 > before me, [name and title of officer], personally came the witliin named A. B. [and C. B., his wife] to me known to be the same person [or persons] described ia and who executed the within deed, and acknowledged the same to be his [or their] free act and deed, for the uses and purposes therein mentioned. [Seal, if any.] [Signature and title.'] Xnstructions and Forms for taking: Depositions. Those given for Minnesota, page 193, are sufficient. COURTS OF WISCONSIN. SUPREME COURT. The supreme court has appellate jurisdiction, with power to issue writs of haheas corpus and other original and remedial writs. The court consists of a chief justice and two associate justices. Two terms are held annually at Madi- son, one on the Tuesday next preceding the second Wednesday of January, the other on the first Tuesday of June. Chief Justice : L. S. Dixon. Associate Jus- tices : Orsamus Cole, "Wm. P. Lyon. CIRCUIT courts! The circuit courts have general original jurisdiction in all matters, civil and criminal, and appellate jurisdiction from all inferior courts, and a supervisory control over the same. There are at least two terms annually in each county. Judges: 1st. circuit, Robert Harkness; 2d. David W. Small; 3d. David J. Pulling ; 4th. Camjpbell McLean ; 5th. Joseph T. Mills ; 6th. Romango Bunn ; 7th. George "W. Cate; 8th. H. L. Humphrey; 9th. Alva Stewart; 10th. E. Holmes Ellis; 11th. Solon H. Clough; 12th. Harmon S. Conger. COUNT? COURTS. These are courts of record having the usual powers of courts of probate. JUSTICES' CODRTS. Justices of the peace have jurisdiction in actions for forcible entry or detainer; also in actions on contract; for injuries to persons, or to real or personal prop- erty ; to recover the possession of personal property ; and for « penalty given by statute, to the amount of $200. They have authority also to enter judg^ ment on the confession of a defendant, for not exceeding I LAWS OP THE TERRITORIES OF THE UNITED STATES KELATING TO CIVIL ACTIONS, DEEDS, WILLS, &c., PKEPAEBD B'OR THIS "WOKK BY THE EDITOE. ALASKA. No separate territorial government has yet been establiehed for this Territory By Act of July 27, 1868, the laws of the United States relative to customs, commerce and navigation, were extended over the Territory. LAAVS OF ARIZONA. The Organic Act was approved Feb. 24, 1863. A code of laws, prepared by William T. Howell, a Justice of the Supreme Court, and known as The Howell Code, was adopted by the first Legislative Assembly of the Territory, iu 1864. Actions. — The rules as to form of actions, parties, place of trial, service of summons, pleadings, and trials, are similar to those of the New Tork Code. Actions iu the district courts are commenced by the filing of a complaint with the clerk of the court, and the issuance of a summons thereon. The summons requires the defendant to appear and answer the complaint within twenty days, if served within the county in which the action is brought ; within thirty days if served out of the county but in the district ; and within forty days iu all other cases. In justices' courts actions are commenced by filing a copy of the account or instrument upon which the action is brought, or a concise state- ment in writing of the cause of action, and the issuance of a summons thereon ; or by the voluntary appedrance and plealiag of the parties without summons. The pleadings are complaint and answer, and may be oral, except in actions to foreclose a mortgage of personal property, or for forcible entry or detainer. Arrests are allowed under the same circumstances and iu the same man- ner as in New Tork. Justices also may issue orders of arrest. 24 370 LAWS OF AEIZONA. AttachmeBltS. — Where the defendant is indebted upon a contract made or payable in the Territory, the payment of which has not been secured by a mortgage, the plaintiif may have the property of the defendant attached, upon similar gxounds and in like manner as in New York. Claims against Esfates of Persons 5>cccased. — Personal representatives are required, immediately after their appointment, to publish a notice to all persons having claims against the deceased, to exhibit them, with the necessary vouchers, within one year after the date of the notice. Every claim must be supported by the affidavit of the claimant that the amount is justly due, that no payments have been made thereon, and that there are no offsets to the same to the knowledge of the claimant. Claims not presented wilHn one year are forever barred, provided that if they be not then due, or be contingent, they may be presented within one year after becoming due or absolute. The personal representative must endorse on each claim his allow- ance or rejection. When a claim is rejected the holder must bring suit within three months after date of its rejection, if it be then due, or within three months after it becomes due, or the claim will be barred. A claim barred by the Statute of Limitations cannot be allowed. a>eeds. Mortgages, Acknowledgment,, Kecording.— Con- veyances of real-estate must be signed, and acknowledged or proved. A hus- band and wife may by their joint deed convey the real-estate of the wife in like manner as she might do by her separate deed if unmarried. The proof or ac- knowledgment, if within the territory, may be taken by a judge or clerk of a court having a seal, a notary public or justice of the peace of the proper county; if in any other part of the United States, by a judge or clerk of any court of the United States, or of any State or territory, having a seal, or by a commis- sioner of this territory ; if without the United States, by a judge or clerk of any court having a seal, a, notary public, or a minister, commissioner or consul of the United States. The certiiicate may be endorsed or annexed, and when granted by a judge or clerk, must be under his hand, and when by an officer having a seal of office, under hia hand and official seal. The person making the acknowledgment must be personally known to the officer taking the same, to be the person whose name is subscribed to the conveyance as a party thereto, or be proved to be such by the oath of a credible witness. Proof of the execution of a conveyance shall be by the testimony of a subscribing witness, or when all the subscribing witnesses are dead or cannot be had, by evidence of the hand- writing of the party, and of at least one subscribing witness, given by a credible witness to each signature. Every conveyance not recorded in the office of the recorder of the county in which the real-estate is situated, shall be void as against any subsequent purchaser in good faith and for a valuable consideration, whose conveyance shall be iirst recorded. When the acknowledg-ment of a married woman is taken, she must be made acquainted with the contents of the conveyance, and acknowledge, on an examination apart from and without the hearing of her husband, that she executed the same freely and voluntarily, with- out fear or compulsion or undue influence of her husband, and that she does not wish to retract the execution of the same. Chattel Mortgages are not valid I,A.WS OF ABIZONA. 371 ■except as between the parties unless possession of the mortgaged property be delivered to and retained by the mortgagee. Depositions. — The testimony of a witness out of the Territory may be taken by deposition at any time after the commencement of the action. Such deposition is taken upon commission issued under the seal of the court on the application of either party, and upon five days' notice to the other. The depo- sition may be upon written interrogatories or upon oral examination. The commissioner must administer an oath to the witness, and take his deposition in answer to the interrogatories, or when there are no interrogatories, in respect to the question in dispute; and certify the deposition to the court in a sealed envelope, directed to the clerk or other person designated or agreed upon, and forward it to him by mail or other usual channel of conveyance. ^Execution and Stay of. — Execution may issue at any time within five years after the entry of judgment, and be made returnable at any time not less than ten nor more than sixty days after its receipt by the sheriff. Until a levy property shall not be affected by the execution. Eeal-estate sold on execution may be redeemed within si.'i months. There is no stay of execution except npon appeal with security. Exemptions and. Homestead. Liaw. — The following property is •exempt : 1. All spinning-wheels, weaving looms, with the apparatus, and stoves put up and kept for use in any dwelling house. 3. A seat, pew, or slip occupied by any person or family in a place of public worship. 3. All cemeteries, tombs, and rights of burial, while in use as repositories of the dead. 4. All arms and ac- coutrements kept for use ; all wearing apparel of any person or family. 5. The library and school-books of any individual and family not exceeding f 150, and all family pictures. 6. To each householder ten goats or sheep with their fleeces, and the yarn or cloth manufactured from the same, two cows, five swine, and provisions and fuel for the comfortable subsistence of such householder and family for six months. 7. To each householder all household goods, furniture, and utensils, not exceeding in value ^600. 8. The tools, implements, materials, stock, apparatus, team, vehicle, horses, harness or other things to enable any person to carry on the profession, trade, occupation, or business in which he is ■wholly or principally engaged, not exceeding in value $600. 9. One sewing- machine and one musical instrument. 10 A Buf&cient quantity of hay, grain, feed, and roots for keeping for three months the animals above exempted. No •chattel mortgage or biU of sale of any of the property above described, except fiuch as is mentioned in the eighth subdivision, shall be valid unless sgned by the wife of the party. A homestead not exceeding in value $5,000 is exempt Such exemption does not extend to any mechanic's, laborer's or vendor's lien or to any mortgage ; but no mortgage, (except for the purchase money) sale or alienation of such land by the owner, if a married man, shall be valid without the signature of his wife to the same, acknowledged separate and apart from her husband. Interest. — The legal rate is ten per cent. Parties may agree in writing for the payment of any rate of interest, and a judgment on such contract shall 372 LAWS OP ARIZONA. tear interest at the same rate. Parties may also agree in writing, that if the interest on any debt be not punctually paid, it shall become a part of the prin- cipal, and thereafter bear the same rate of interest. Judgement, and liien of. — From the time a judgment is docketed, or a transcript thereof is filed in any county, it becomes a lien upon the real property of the judgment debtor in the county, o'WTied by him at the time, or Trhich he may afterwards acquire until the lien expires. The lien continues for two years. liien of Mechanics, &c. — Mechanics and other persons performing- labor or furnishing materials for the construction or repairing of any buildings •wharf, or other superstructure, or for -work done on any lode or mining claim, have a lien on the same therefor, on filing a true account of the demand in the recorder's office of the county within ninety days after the completion of such building or the performance of such labor. If the lien is claimed by a sub- contractor, the account must be filed within sixty days. Suit must be com- menced within six months. riimitation of Actions. — An action for the recovery of real property^ or for the possession thereof, must be commenced within five years ; for the re- covery of property in mining claims within two years. If a person entitled to commence an action for the recovery of real property, be within the age of twenty-one years, insane, imprisoned on a criminal charge for a term less than for life, or a married woman, the action may be brought within five years after such disability shall cease. Actions upon a judgment of any court of the United States, or of any State or Territory, must be commenced within five years : upon any contract, obligation, or liability founded upon an instrument of writing, within four years : upon a liability created by statute, other than a penalty or forfeiture ; for trespass upon real property ; for taking, detaining, or injuring personal property ; for relief on the ground of fraud, within three- years : upon a contract, obligation or liability not founded upon an instrument of writing, (except as below stated); against a sheriff or other officer, (except an action for an escape), within two years ; upon a statute for a penalty or forfeiture ; for libel, slander, assault, battery, or false imprisonment ; against an officer for an escape ; on an open account for goods, &c.; for any article charged in a store account, one year. Absence from the Territory forms no part of the time limited. If >■ person be under any of the disabilities above named, the time of such disability shall not form a part of the time limited. An acknowledgment or promise to take the case out of the statute, must be in. writing. An action upon a contract for the payment of money, founded upon a written instrument executed out of the Territory, must be commenced within one year, when more than two and less than five years have elapsed since the cause of action accrued, and within six months when more than five years have elapsed. When the cause of action arose in another State or country, and the action is barred by the laws thereof, no action can be maintained thereon in this territory. Married 'Women. — All property, real and personal, of the wife, owned LAWS OF ARIZONA. 373 l)y her before marriage, or acquired afterwards by gift, bequest, devise, or de- scent, shall be her separate property ; and the same law applies to the husband. All property acquired after the marriage by either husband or -wife, except in the manner above stated, shall be common property. An inventory of the separate property of the wife must be signed by her, acknowledged and re- corded. The husband has the management and control of the separate property of the wife during the continuance of the marriage. He has the management and control of the common property, with the like power of disposition as of his separate estate. The husband has no estate by courtesy, nor the wife in dower. Upon the dissolution of the community by the death of either one- half of the common property goes to the sarvivor, and the other half to the descendants of the deceased. If there be no such descendants the whole goes to the survivor. Wotes, Bills and. Protest. — Three days' grace are allowed, except on sight biUs or drafts. The legal holidays are January 1st, July 4th, December 25th and Sundays. Taxes. — The tax-roll is completed on or before the third Monday in July, ■and taxes are payable on or before the first day of October. Lands upon which taxes remain unpaid, are sold on the first Monday of March next after such ■taxes become due. Lands sold for taxes may be redeemed within one year, by paying the amount for which the same were sold, with interest at 100 per cent. "Wills. — Every person of full age and sound mind may make a will of real or personal estate. Wills, except nuncupative, must be in writing, signed by the testator, or by some person in his presence and by his express direction, and attested and subscribed in the presence of the testator, by two or more compe- tent witnesses. A nuncupative will, proved by two competent witnesses, shall be valid, where the value of the estate bequeathed does not exceed $300. TVitnesses. — No person is excluded from being a witness by reason of his •interest, nor on account of his opinions on matters of religious belief. The fol- lowing are not competent : Persons of unsound mind at the time of their pro- duction; children under ten years of age who appear incapable of receiving just impressions of the facts respecting which they are examined, or of relating them truly ; Indians and negroes, or persons having one-half or more of Indian or negro blood, in an action to which a white person is a party. A husband shall not be a witness for or against his wife, nor a, wife for or against her hus- band ; nor can either, without the consent of the other, be examined, either during the marriage or afterward, as to any communication made by one to the other during the marriage ; but this does not apply to an action by one against the other. The other usual privileged communications are recognized. Certificates of Acknowledgment, &c., of Deeds. 1. By Geantob known to the Opficek. State op , 1 County of , j ®^" lOn this day of A. D., 18 , personally appeared before me [name and 374 COUBTS OF AEIZONA. tiSe of officer] in and for the said county, A. B.* known to me to be the person, described in and who executed the foregoing instrument, who acknowledged to me that he executed the same freely and voluntarily, and for the uses and pur- poses therein mentioned. [Seal, if any.] ' \_8ignature and title.'] 2. By Gbaktoe Pboted to the Officer. [As above to the *] satisfactorily proved to me to be the person described in. and who executed the within conveyance, by the oath of C. D. a competent and credible witness for that purpose, by me duly sworn, and he the said A. B. ac- knowledged, [&c. as above.] 3. By Husband and 'Wipe. [As in form 1 to the *] and 0. B., his wife, personally known to me {or, proved to me by the oath of E. F., a credible witness, for that purpose by me duly sworn), to be the persons described in and who executed the foregoing in- strument, and severally acknowledged that they executed the same, freely and voluntarily, for the uses and purposes therein mentioned. And the said C. B . being by me made acquainted with the contents of said instrument, acknowl- edged on examination, apart from and without the hearing of her husband, that she executed the same freely and voluntarily, without fear or compulsion, or undue influence of her husband, and that she does not wish to retract the exe- cution of the same. COURTS OF ARIZONA. For the courts of this territory and their jurisd!ction, see pages 8 and 9 of this work. LAWS OF COLORADO. Organic Act.— Approved Feb. 28, 1861 ; amended March 2, 1863, and March 2 and 30, 1867. The atatutea of the territory were revised at ita seventh Beasion, in 1867. Actions in the district courts are commenced by the issuance of a aum- mons, returnable on the first day of the next term of the court. It should be served by the sheriff or coroner, ten days before the return day. The p'aiutiff should file his declaration, with a copy of the instrument or account on which the action was brought, ten days before the first day of the term. On appear- ance of the defendant the court may allow such time to plead as may be deemed reasonable. The usual mode of commencing' an action in a justice's court is by summons, returnable not less than five nor more than fifteen days from its date, and served at least three days before the return day. In actions of trespass or trover a capias may iasue. Arrests. — There ia no arrest or imprisonment for debts. AttctdimeutS. — A writ of attachment may be issued by the clerk of a district court when a creditor shall file in hia office an affidavit that any per- son is indebted to such creditor in a sum exceeding f20, stating the nature and amount of suc-h indebtedness, and that the debtor has departed or is about to depart from the territory, with the intention of having his effects removed therefrom ; or is about to remove his property from the territory to the injury of the creditors, or conceals himaelf, or stands in defiance of an officer, so that process cannot be served upon him; or is not a resident of the territory ; or is converting or disposing of hia property with intent to place it beyond the reach of the creditor ; or fraudulently contracted the debt ; or is a foreign cor- poration ; or has fraudulently conveyed any of his estate, with intent to delay, hinder, or defraud his creditors. Security must be given in double the sum claimed to be due. The attachment may be aerved upon lands, goods, credits, and moneys. Claims ag:ainst estates of persons deceased are divided into the following classes : 1. Funeral and other expenses attending the last sickness. 2. Expenses of administration and physician's bill in the last sickness. 3. Money received by an executor, administrator, or guardian, and not accounted for. 4. All other debts. Claims may be exhibited within one year. Deeds, Mortgages, Acknovvledgmeitt, Kecording.— Mar- ried women may convey their estate in lands by uniting with their husbands in any conveyance thereof, and acknowledging the aame aeparate and apart from their husbands, and the ofiioer taking such acknowledgment must certify 376 LAWS OF OOLOEABO. that the same was made upon examination separate and apart from, and out of the presence of the husband, and that the contents, meaning and effect of the deed were by him fully explained to her. Deeds executed cut of this territory and within the United States, may be acknowledged or proved before the secre- tary of a State or territory, under the seal thereof; the clerk of a court of record under the seal of such court ; and any other officer authorized by the laws of such State to take such acknowledgment ; but there must be affixed to his cer- tificate, a certificate by the clerk of a court of record, under the seal of the court, that such person is the officer he assumes to be, that he has authority by the laws of such State to take and certify such acknowledgment, and that the signature to the certificate is the true signature of such officer. Such acknowl- edgment or proof may also be before a commissioner of this territory, certifying under his hand and official seal. When executed out of the TJnited States, be- fore a court of record having a Seal, the acknowledgment being certified by a judge of the court to have been made before such court, and being under the seal of the court ; before the chief officer of any city or town having a seal, such officer certifying the same under such seal ; or before any consul of the United States under the seal of his consulate. The person making the acknowledg- ment must be personally known to the officer to be the person who executed the deed, or be proved to be such by at least one credible witness. Deeds must be recorded in the office of the recorder of the county where the real-estate is situated, to be valid as against subsequent bona fide purchasers, and encum- brancers not havingnotice. CTiattel Mortgages are not valid as against the rights of third persons, unless possession of the property be delivered to and remain with the mortgagee, or the mortgage be acknowledged and recorded in the county in which the mortgagor shall reside when the same is made. When so recorded it shall be good for two years. Aliens may hold and transmit real and personal property in the same manner as natural bom citizens. Depositions. — A party desiring to take the testimony of a non-resident witness may sue out a dedimus potestatem, on giving ten days' previous notice to the opposite party or his attorney, together with a copy of the interrogato- ries intended to be put to the witness. The commission is directed to any num- ber of persons, not exceeding three, or to any judge or justice of the peaee of the county where the witness may reside. The witness must be sworn to testify the truth in relation to the matter in controversy, so far as he may be interrogated. The answers of the witness must be reduced to writing, and signed by him ; and the officer must annex at the foot thereof a certificate sub- scribed by him, stating; that the deposition was sworn to and signed by the witness, and the time and place when and where it was taken. The deposition, with all exhibits, and the commission and interrogatories, must be inclosed, sealed up and directed to the clerk of the court wherein th» action is pending, with the names of the parties endorsed thereon. When such deposition is taken by a judge or justice of the peace his return must be accompanied by a certifi- cate of his official character, under the great seal of the state, or the seal of the proper court of record of the county or city where the deposition shall be taken. The party, his attorney, or any person interested in the event of the suit, is not permitted to dictate, write, or draw up the deposition. LAWS OF COLORADO. 377 Execution, and Stay of. — Executiona are returnable in. ninety days after their date, and are a lien upon the goods and chattels of the judgment debtor from the time of their delivery to the sheriff to be executed. Land sold under execution may he redeemed by the debtor within six months, and by a judgment creditor within three months thereafter. Execution is stayed upon appeal with security. Exemptions, and Homestead Law. — The necessary wearing ap- parel of every person is exempt. The following property when owned by the head of a family is exempt : 1. Family pictures, school books, and library. 3. A seat or pew in a place of public worship. 3. The sites of burial of the dead. 4. All wearing apparel of the debtor and his family, all beds, bedsteads, and bedding, stoves and appendages kept for the use of the debtor and his family, all cooking utensils, and all the household furniture not herein enumerated, and not exceeding f 100 in value. 5. Provisions for the debtor and his family, and fuel necessary for six months. 6. The tools and implements or stock in trade of any mechanic or miner or other person, used and kept for the purpose of carrying on his trade or business, and not exceeding $200 in value. 7. The library and implements of a professional man, not exceeding $300. 8. Work- ing animals to the value of $200; 9. One cow and calf, ten sheep, and the necessary food for these animals for six months, also one farm wagon, cart or dray, one plough, one harrow, and other farming implements, including har- ness and tackle for team, not exceeding $50 in value. But no property ii exempt from sale for taxes, and none of the articles above mentioned are ex- empt from sale on execution for the purchase money. The tools, implements, working animals, books, and stock in trade, not exceeding $300 in value, of any mechanic, miner, or other person, not being the head of a family, used and kept for the purpose of carrying on his trade or business, are exempt while such person is a bona fide resident of the territory. Every householder in the terri- tory, being the head of a family, is entitled to a homestead not exceeding in value $2,000 exempt from any debt incurred after February 1, 1868. The word " homestead " must be entered of record in the margin of his recorded title ; and such homestead is exempt only while occupied as such by the owner or his family. The wife must join in a mortgage of a homestead, and acknowl- edge on a separate examination, that she freely and voluntarily signs and acknowledges the same, after being fully apprized of her rights. Interest. — The legal rate is ten per cent. Parties may stipulate in writ- ing for any rate of interest. Judgements, and lee€ls, Mortgag-cs, AcJcnowledgnicnt, Becording.— Con- veyances of real-estate must be acknowledged or proved, certified and recorded. A husband and wife may, by their joint dead, convey real-estate of the wife in like manner as she might do hy her separate deed if she were unm irried. The proof or acknowledgment may be takau without the Territory and within the United States, by a judge or clerk of any court of the United States or of any State or territory having a seal, or by a commissioner of this Territory. If mthont the United States, by a judge or clerk of any S tate, kingdom or em- pire having a seal, by any notary public, minister, commissioner or consul of 394 LAWS OP IDAHO. the United States appointed to reside therein. The certificate may he endorsed or annexed. When granted by a judge or clerk, the certificate must he under his hand and the seal of the court ; when granted by any officer ■who has a seal', of offii;e, under his hand and of&cial seal. The person making the acknowledg-. ment must be personally known to the officer to be the person whose name is sub- scribed, to the conveyance, as a party thereto, or beproved to be such by the oath or affirmation of a credible witness. Proof of execution must be by the testi- mony of a subscribing witness, or, when all the subscribing witnesses are dead^ by evidence of the handwriting of the party and of at least one subscribiag witness. The subscribing witness must be personally known to the officer to- be the person whose name is subscribed as a witness, or be proved to be such by the oath or affirmation of a credible person. A married woman may convey her real-estate by conveyance executed and acknowledged by herself and her husband. She must be made acquainted with the contents of the conveyance and acknowledge, on examination apart from and without the hearing of her husband that she executed the same freely and voluntarily, without fear or' compulsion, or undue influence of her husband, and that she does not wish to retract the execution of the same. Conveyances must be recorded in the office of the recorder of the county in which the real-estate is situated, to operate a^ notice to third persons ; and from the time of filing with the recorder for record they impart notice to all persons of the contents ; Cliattel Mortgages are allowed on saw-mills, grist-mills and their machinery, printing presses and material, mining claims, with the improvements thereon, quartz mills and machinery, and upholstery and furniture in hotels and public houses, when given to secure the purchase money, and on all buildings not fixed permanently to the soil, such mortgages being accompanied by an affidavit of the mortgagor and mort- gagee as to their being hona fide, and being recorded in the county where the mortgagor lives and also where the property is located. Depositions of a witness out of this territory maj' be taken at any time after service of the summons. The deposition is taken upon commission issued from the court, on the application of either party, upon five days' previous no- tice to the other. It is issued to any person agreed upon, or to a judge or jus- tice of the peace, or to a commissioner of the territory. The examination may be upon written interrogatories, or without, if the parties so agree. Executionii, and Stay of. — The party in whose favor judgment is given,, may, at any time within five years from the entry tliereof, issue a writ of exe- cution, returnable not leas than five nor more than sixty days thereafter, to the clerk with whom the judgment roll was filed. After five years an execution can only be issued by leave of the court. Until a levy property is not affected by the execution. ExeuBuptioais, amtt eionicstcatl £,a\*'. — The following personal, property is exempt : 1. A'l wearing' apparel of every person and fami'y. 2, All private libraries, musical instruments, f.imily pictures and keepsakes. 3. To- each householder two beds and bedding, and one additii nal bed and bedding for every two members of the fam-ly, and other lo.uelold goo Is and utensil* and furniture not exceeding $250 in value. 4. To each householder one horse. LAWS or iDiHO. 395- two oows witli the calves, ten swine, two stands of bees, one hundred domestic- fowls, and provisions and feed for the comfortable maintenance of such house- hold and family for six months ; or in lieu of the animals above named, other- animals not to exceed ^300 in value. 5. To a farmer, the tools, implements and farming utensils, used about the farm, two yoleof oxen with yokes and chains, or one fpau of horses with harne.'S, and one wagon ; and to any cartman or teamster, one span of horses or mules, or one yoke of oxen, with their harness,, or yoke and chains, and one cart or wagon, with which he habitually earns his livelihood. 6. To a mechanic, the tools and instruments used to carry on his trade, also material not exceeding in value S200. 7. To physicians, their libra- ries and medicines to the value of if 200. 8. To attorneys, clergymen, teachers,. and other professional men, their libraries. 9. AH property of the territory, or of any public or municipal corporation. 10. All firearms kept for the use of any person or family. 11. To any person, a small boat with its oars, sails, and rigging, not exceeding $50 in value. 12. The tent furniture and imple-' ments of a miner, not exceeding $200 in value, with provisions for his support- for one month. 13. Hay, grain or feed sufficient for keeping the animals above mentioned for three months. A homestead not exceeding $3,000 in value, is exempt. No mortgage made hy a married man of any exempt property, is- valid, unless his wife join in the mortgage, and acknowledge the same as is re- quired in case of a deed conveying her interest in real-estate. Interest! — The legal rate is ten per cent. Parties may agree in writing for the payment of any rate of interest, and a judgment on such contract shall bear the same rate of interest. JTudg'inent, and i,ien of. — From the time of docketing a judgment, or from the time of filing a transcript in any other county, such judgment becomes a lien on the real property of the judgment debtor, in the county where the judgment is docketed, or the transcript filed. The lien continues lor two years, and extends to property acquired during the continuance of the lieu. A justice's judgment will become a lieu on filing a transcript. Ijien of MecIiasiiCS, &C.— Mechanics and other persons performing labor or furnishing material to the amount of f 25, for the construction or re- pairing of any building, have a lien therefor on such building, and also upon the land, if, when the labor was commenced, or the first of the materials were fumiAed, the land belonged to the person who caused the building to be erected. A lien is a'so given to sub-contractors and laborers. The Hen will not continue for a longer period than six months, unless suit ia brought within that time to enforce the same. Iiiniitation of Actions.— Actions for the recovery of mining claims, must be brought within one year, except for quartz mining claims, which, like- other actions for the recovery of real-estate, must be brought within five years. Persons within the age of twenty-one years, in ane. impriacned, and married women, may bring such actions within five years after the diaubility shall cease. Actions upon a judgment of any court of the United States, or of any State or Territory, must be commenced within five years: Upon any oantract or liabil- ity founded upon an instrument of writing, within four years : Upon a liability 396 lAWS OF IDAHO. created by statute other than a penalty or forfeiture ; for trespass upon real property, for taking, detaining, or injuring personal property; for relief on the ground of fraud, -within three years : Upon a contract or liability not founded upon an instrument of writing; against a sheriff or other of&cer ; upon a statute for a penalty or forfeiture ; for libel, slander, assault, battery, or false imprisonment ; on an open account for goods, wares, &c., and for any arti- cle charged in a store account, within two years. If a person entitled to bring .any of the above actions, except for a penalty or forfeiture, or against an officer for an escape, be at the time the cause of action accrue, under any of the dis- abilities above named, the time of such disability shall not be a part of the time limited. An acknowledgment or promise to take the case out of the statute, must be in writing. An action founded upon an instrument of writing ■execatei out of this territory, must be brought within one year, when more than two and less than five years have elapsed since the cause of action accrued. An action upon » judgment, contract, or liability for the payment of money or damages, obtained, executed, or made out of this territory, must be commenced within three years after the party making such liability shall become a resident of the territory. Married Women. — The rights of husband and wife as to real and per- sonal property are the same as in Arizona. See page 372. A married woman of legal age may convey real-estate held in her own right, as she might do if single, provided her husband has not been a lonaflde resident of the territory for one year next preceding the execution of the instrument. In such case her aoknowledgnxent must be taken before the district judge of the county, in which the land is located, and the fact of the non-pesidenoe of the husband must be proved to his satisfaction by at least two credible witnesses. Notes, Bills and Protest. — Grace is allowed except on sight bills or drafts. The first of January, fourth of July, and twenty-fifth of December are holidays. Taxes become a lien on the first Monday in April, in each year. Witnesses. — No person shall be disqualified as a witness in any action on account of his opinions on matters of religious belief, or by reason of his interest as a party or otherwise, and parties may be compelled to give evidence in the same manner as other witnesses. No pariy shall be allowed to testify where the adverse party, or the party for whose immediate benefit the action is prose- cuted or defended, is the representative of a deceased person, and the facts to be proved transpired before the death of such deceased person. A person charged with a crime is not competent or compellable to give evidence for or against hims.lf. A husband or wife may be a witness for or against the other, and where they are parties to an action, they may be examined in their own behalf or in the behalf of any other parties, the same as any other witness; but this ■does not apply to actions of divorce, nor to confidential commiinications between iusband and wife. Certificates of Acknowledgment, Sic, of Deeds. See forms given for Arizona. COURTS OF IDAHO. See pages 8 and 9 of this work. One term of the supreme court is held an- nually at Boise City on the first Monday of January. LAAVS OF MONTANA. Organic Act. — Approved May 36, 1864. The first legislative assembly was convened at Bannaok, Deo. 12, 1864. Actions. — The practice is under a Civil Practice Act passed in 1S64. The provisions in regard to form of actions, parties, place of trial, pleadings and trial are similar to those in the Code of New York. In the district and prohate courts actions are commenced by filing a complaint with the clerk of the court in which the action is brought, and issuing a summons thereon. The summons may be issued at any time within one year after filing the complaint. It is issued and signed by the clerk, under the seal of the court. Arrests. — An order for the arrest of the defendant may be issued in the fol- lowing cases: 1. In an action for the recovery of money or damages, and a cause of action arising on a contract, where the defendant is about to depart from the Territory with the intent to defraud his creditors. 2. In an action for the embezzlement of property, and for property fraudulently misapplied or converted to his own use, by an attorney, factor, broker, agent or clerk, in the course of his employment as such, or by any other person in a fiduciary capacity. 3. When the defendant has been guilty of fraud in contracting the debt or in- curring the obligation for which the action is brought. 4. When the defendant has removed, concealed or disposed of the property, or is about to do so, with intent to defraud his creditors. But no female shall be arrested in any action. Security must be given by the plain tifi', in at least the sum of $3C0. Attachments. — The plaintiff may have an attachment against the prop- erty of the defendant, when the debt was contracted or payable in this terri- tory, or for property to be brought to this territory, or freight upon the same,. or for fare or passage money of persons coming to this territory, in any of the following cases : 1. When the defendant, or one of several defendants, is a 398 LAWS OF MONTANA. foreign corporation or a non-resident. 3. Has alDsconded witli intent to defraud his creditors. 3. Has left the county of his residence to avoid the service of a summons. 4. So conceals himself that a summons cannot be served upon him. 5. Is about to remove his property, or a part thereof, out of the jurisdiction of the court, with intent to defraud his creditors. 6. Is about to convert his property, or a part thereof, into money, for the purpose of placing it beyond the reach of his creditors. 7. Has property or rights in action which he con- ceals. 8. Has assigned, removed or disposed of, or is about to dispose of his property, or a part thereof, with the intent to defraud his creditors. 9. Frau- dulently contracted the debt or incurred the obligation for which the suit is about to be or has been brought. But an attachment shall not be granted in the ease first above named for any claim other than a debt or demand arising upon contract, judgment or decree. The order of attachment is made by the clerk of the court, when there is filed in his office an affidavit of tbe plaintiff, his agent or attorney, showing : 1. The nature of the plaintiff's claim : 2. That ■ it is just : 3. The amount which the affiant believes the plaintiff ought to re- cover : And, 4. The existence of some one of the grounds for an attachment above enumerated. Except in the case numbered 1, an undertaking must be given with one or more sureties in double the amount of the plaintiff's claim. The real and personal property, debts and credits of the defendant may be at- tached under the writ. Claims against Estates of Persons Deceased. — All demands not exhibited within one year after the granting of letters on the estate are barred, saving to infants, persons of unsound mind, or imprisoned, and mar- ried women, two years after the removal of their disabilities. Deeds, Mortgag-es, AcRnoTtrledgment, Recording-. — Con- veyances of land must be signed by the grantor, being of lawful sge, or by his agent or attorney, and aoknosvledged or proved and recorded. A husband and wife may, by their joint deed, convey the real-estate of the wife in like manner as she might do by her separate deed if she were unmarried. Any citizen con- veying property situated in this Territory, who has a wife living in any other Territory or State, can convey the full title to such property by his own signa- ture. The proof or acknowledgment may be taken by the following officers ; without the Territory and within the United State8,by a judge or clerk of any court of the United Slates, or of any State or Territory, having a ssal, or by a commissioner for Montana ; without the United States, by a judge or clerk of any court of any State, Kingdom, or Empire, having a seal, or by a Notary Public therein, or by a Minister, Comm'ssioner, or Consul of the United States appointed to reside therein. The certificate may be endorsed or annexed, and, when made by a judge or clerk, must be under his hand and the seal of the court ; when by an officer who has a seal of office, under his hand and official seal. The person making the acknowledgment must be personally known to the officer, or his identity be proved by oath or affirmation of a credible witness. A married woman must be separately examined. Proof of the execution of a conveyance may be : 1st, by the testimony of a subscribing witnCFS ; or, 3d, when all the subscribing witnesses are dead, or cannot be had, by evidence of the "handwriting of the party, and of at least one subscribing witness. Deeds must LAWS OF MONTANA. 899 be recorded in the office of the Recorder of the county in which the land is -Bituated ; and from the time of filing the same for record, subsequent pur- ■chaaers and mortgagees shall be deemed to purchase and take with notice. If not recorded they shall be deemed void as against a subsequent purchaser in good faith and for a valuable consideration, whose conveyance shall be first re- corded. Mortgagees of personal property are void as against the rights and interests of any third person, unless the property is delivered to and remains with the mortgagee, or the mortgage is acknowledged and recorded with the Eecorder of the county in which the mortgagor resides. Depositions. — The testimony of a witness out of the territory may be taken by deposition at any time after the service of the summons, or the ap- pearance of the defendant. The deposition may be taken under a commission, or, if taken before a commissioner , for Montana, without any commission or order from any court or clerk : interrogatories must be annexed to the commis- sion. The party at whose instance the deposition is taken, must cause notice in writing of the time and place of taking the deposition to be served on the adverse party or his attorney. The notice must be served at least three days before the day of taking the deposition, and one day additional for every twenty-five miles for the first 300 miles, and beyond that one additional day for each 100 miles from the place of serving the notice to the place of taking the deposition ; but the time may be shortened by the court. If taken without the Territory, the deposition may be taken by a commissioner for Montana, a consul, or commercial or diplomatic representative of the United States, having a seal of office, a judge, justice of the peace or other judicial officer, or a notary public. When the party causing depositions to be taken under a notice, shall have completed the taking thereof, the adverse party may proceed immediately, or on the next day, before the same officer and at the same place, to take any depositions he may desire to have read in the cause, provided he shall give notice of his intention to do so, before or during the time of taking the other depositions. Execution, and Stay of. — Execution may issue at any time within five years from the entry of judgment. It is returnable within sixty days after its receipt by the sheriff. After five years it cannot be issued without leave of court. In case of the sale of real property under an execution, the sheriff, upon payment of the purchase money, executes to the purchaser a deed of the property, which conveys all the interest of the judgment debtor in the property sold. When an appeal is taken from a judgment directing the pay- ment of money, and security given, execution is stayed. Exemptions, and Homestead Liaw.— The foUowing property is exempt : 1. A homestead not exceeding $8,000 in value, to include the ■dwelling house and other buildings, and the lands and lots upon which they sBtand. 2. All wearing apparel of every person and family. 3. All private libraries, musical instruments, family pictures, and keepsakes. 4. To each household two beds and bedding, and one additional bed and bedding for every ■ two members of the family, and other household goods, and utensils, and furni- -ture not exceeding $350 in value. 5. To each householder, one horse, two cows 400 LAWS or MONTANA. with their calves, two stands of bees, fifty domestio fowls, and provisions and fuel for the oomfortahle maintenance of snch household and family for three months, provided, that in oaSe such householder shall not possess, or shall not desire to retain, the animals above named, he may select from his stock and retain other animals, not to exceed f 300 in value. 6. To a farmer, the tools^. implements, and farming utensils, actually used about the farm, two yoke of oxen, with yokes and chains, or one span of horses, with harness and one wagon. 7. To a mechanic, the tools and instruments used to carry on the trade, occu- pation or business in which he is engaged for his support, or the support of hi». family, also material not exceeding in value $200. 8. To physicians, their libraries and medicines, not exceeding in value $200. 9. To attorneys, clergy- men, teachers, and other professional men, their libraries. 10. All property of the territory, or of any county, or public or municipal oorporation. 11. All fire-arms kept for the use of any person or family. 12. To any person, a skiff' or small boat, with its oars, sails, and rigging, not exceeding in value $50. 13. The tent and furniture, including a table, camp stools, bed and bedding of a miner, his rocker, shovels, spades, picks, wheelbarrows, pumps, cabin, sluice- boxes, and flumes, and other instruments used in mining, with provisions nec- essary for his support for three months. 14. A sufficient quantity of hay, grain, or feed for keeping for three months the animals mentioned above a& exempt. But none of the above property is exempt from an execution issued upon a mortgage thereon, or for a tax levied thereon, or for a judgment for the purchase money. Provided, that no mortgage made by a married man of prop- erty exempt from execution, shall be of any validity unless the wife join in the mortgage, and the same be witnessed and acknowledged by her, as required in case of a deed conveying her interest in real-estate. Interest. — The legal rate is ten per cent. The parties to any instrument of writing may stipulate therein for the payment of any rate. Judgments, and Lien of. — From the date of its rendition a judgment becomes a lien upon the real property of the debtor in the county in which it is rendered, owned by him at the time, or which he may afterwards acquire until tlie lien expires. The lien continues for two years. A transcript of the judgment may be filed in any other county, and the judgment will become a Hen from the time of filing. A transcript of a, justice's judgment may be iiled in the of&ce of the district clerk of any county, and the judgment will become a lien from the time of such filing. Lilen of Mechanics, &.C, — Mechanics, laborers and material men, per- forming work or furnisliing materials, machinery or fixtures for any building or other improvement upon land, under or by virtue of a contract with the owner, his agent, contractor or sub-contracfor shall have a lien therefor upon such building and upon the land belonging to such owner on which the same is situated, to the extent of one acre, if outside of a town or incorporated city, or to the extent of the lot on which the same is situated, if within such town or city. Provision is made also for sub-contractors. Such liens have a prefer- ence, on the building and land, over any other lien or incumbrance made sub- sequent to the commencement of said building ; and attach to the building in LAWS OF MONTANA. 401 preference to any prior lien or incumbrance upon the land. They may be en- forced by an action, which must be commenced -within six months after the ■work is done. Limitation of Actions. — No action for the recovery of mining claims (lode claims excepted) can he hrought, unless the plaintiff or his assigns was possessed of such claims within one year before the commencement of the ac- tion. Actions for the recovery of real-estate must be brought within three years after the cause of action accrues. Other actions as follows : upon a judg- ment, when it appears from the record that the defendant was personally served with process or appeared in the action, and upon a contract, obligation or lia- bility founded upon an instrument of writing, within ten years ; upon an ac- count, or other contract, obligation or liability not grounded upon an instru- ment of writing, within five years ; for waste, or trespass upon real property ; upon a liability created by statute, other than a penalty or forfeiture; against an officer for an escape ; for taking, detaining, injuring, or for the specific re- covery of personal property ; and for relief on the ground of fraud, within three years : against a sheriff or other officer, (except for an escape); upon a statute for a penalty or forfeiture ; for, libel, slander, battery, or false imprisonment, within two years. Actions upon any liability of any person prior to his ar- rival in the Territory, must be commenced withia three months after the same shall have accrued, except upon a liability in relation to the purchase or sale of property bought with the intention to bring, or for having brought the same into the Territory. If, when the cause of action accrue against a person, he is out of the Territory, the action may be commenced within the time here limited after his return ; and, if after the cause of action has accrued, he depart from the Territory, the time of his absence shall not be a part of the time limited. If a person entitled to bring an action, other than for a penalty or forfeiture, or against an officer for an escape, be, at the time the cause of action accrue, within the age of twenty-one years, insane, or a married woman, the time of such disability shall not be a part of the time limited. An acknowledg- ment or promise, to take the case out of the statute, must be in writing, signed by the party, but this shall not alter the effect of any payment of principal or interest. "When the cause of action arose in any other State or Territory, and an action is barred by the laws thereof, the same is barred here. Married Women. — The property owned by a married woman at the time of her marriage, and that which she acquires after her marriage, by des- cent, gift, or otherwise, and the increase, use and profits thereof, are exempt from all debts and liabilities of the husband, unless for necessary articles pro- cured for the use and benefit of herself and her children under the age of 18 years ; but a list of the property so to be exempted must be recorded in the office of the register of deeds of the county. IVotes, Bills anfl Protest. — ^Three days grace are allowed on commer- cial paper, except drafts payable at sight, and checks for funds, deposited sub- ject to draft at sight. Paper falling due on Sunday, the fourth of July, Christmas, or a day of public fasting or thanksgiving, set apart as such by the President of the United States or the Governor of the Territory, is deemed to 26 402 • LAWS Oir MONTANA. fall due the previous day. The protest and other official acts of a notary public have the faith and credit to which they are entitled by the law and ouBtom of merchants. Taxes become a lien on the first Monday of June in each year. On the first day of December the unpaid taxes of the preceding year become delinquent, and draw interest at the rate of 25 per cent, per annum ; and lands on ■which the taxes levied the preceding year remain unpaid are to be offered at public sale before the first day of June in each year. Property sold at such sale may be redeemed at any time before the expiration of one year from the date of the sale, by payment of the amount for which the same was sold amd 30 per cent, interest per annum on subsequent taxes paid by such purchaser. WitlsesscSi — No person is disqualified as a witness in any civil action by reason of his interest as a party or otherwise, or by reason of his conviction of a crime. But a party cannot testify where the adverse party is an executor or administrator of a deceased person, when the facts to be proved transpired be- fore the death of such person. The following are incompetent- to testify: 1. ' Persons who are of an unsound mind at the time of their production for exam- ination. 3. Children under ten years of age who appear incapable of receiving just impressions of the facta respecting which they are examined, or of relating them truly ; but the court may allow them to testify, and the facts here enume- rated shall then go to their credibility. 3. Husband or wife for or against each other, or concerning any communication made by one to the other during the marriage. 4. An attorney, concerning any communication made to hi-m by his client in that relation, or his advice thereon, without the client's consent. 5. A clergyman or priest concerning any confession made to him, in his professional character, in the course of discipline enjoined by the church to which he belongs, without the consent of the person making the confession. 6." A negro, Indian or Ohinajnan, where the parties to the action are white persons, but if the parties, or either party, is a negro, Indian or Chinaman, a negro may be intro- duced as a witness against a negro, and so of the others. By a negro is here meant a person having one-eighth or more of negro blood ; by an Indian a per- son having one half or more of Indian blood ; and by a Chinaman a person hav- ing one half or more of Chinese blood. Certificates of Acknowledgment, &c., of Deeds. By Gbantob known -ok _^roven to the Officer, and bt Married Women. See forms for Arizona. By Subscribing "Witness. On this day of 18 , personally appeared before me, [name and title of officer] in and for said county, E. F., personally Imovm to me (or, proved to me by the'oath of Q-. H.) to be the person whose name is subscribed to the foregoing instrument as a witness thereto, who being by me duly sworn did iepose and say that A. B., whose name is subscribed to said instrument as a LAWS OF NEW MEXICO. 403 party thereto, is tlie person described in and who executed the same, and that le, said B. F., subscribed ids name to said instrument as a witness thereof. By Evidence op Eandwbiting. (See the corresponding form for Illinois ) Insti-nctions for Taking Depositions. The witness must first be sworn or af&rmed to testify the whole truth ; and his examination must be reduced to writing in the presence of the officer before whom it is taken. The witness must sign his deposition. Each party may at- tend at the taiing of the deposition and put such questions as may be legal and proper. The officer must append a, certificate, under seal, if he have one, showing the place at which, and the day, and within what hours the deposition -was taken ; that the witness was first sworn according to law ; that the ex- amination was reduced to writing in his presence, and was subscribed and •sworn to by the witness ; and whether or not the parties were present in person or by attorney. If the deposition is taken by an officer not having a seal, a ■certificate of a clerk^of a'court of record must be appended, showing that the officer is authorized by the laws of the place where it is taken, to take deposi- tions, and that he was at the time duly commissioned. When the deposition is completed, the officer must enclose the same in an envelope or wrapper, together with commission and notice, and endorse the names of the parties to the action, and seal the same and direct it to the clerk of the court in which the action is pending. It may be transmitted by mail, or by any person that the parties may in writing agree upon. LAWS OF NKW MEXICO. The laws of this territory were revised in 1865, by commissioners appointed "by the Governor in 1859, and their revision was adopted by the Legislative Assembly. Actions.— The distinction between courts of equity and of common law is abolished. No person is to be sued as endorser or security unless suit has first been, or is at the same time, brought against the principal. The civil practice is adopted. Suit is commenced by filing a petition, a copy of which certified by the clerk, is to be served by the sheriff, with a copy of the writ of citation, or other original writ. All original process must be returned on the first day of the term next after its issuance. The plaintifE may take final judgment on the third day of the term, if no answer be filed, and the demand be for a sum certain, or liquidated. 404 LAWS OF NEW MEXICO. Arrests.— A creditor whose demand amounta to $50, may sue out a writ of capias in the district court, by filing a bond, as in attachments, and an afE— davit staticg that the defendant is justly indebted to him after allowing all set-offs, in a sum specified, and on what account ; and that the afSaut has rea- son to believe, and does believe, that the defendant is about to abscond from the Territory so as to endanger the collection of the debt. Where the demand ia less than $50, the creditor may sue out a capias, in the same manner, before an alcalde (justice of the peace.) Attachments. — A creditor whose demand amounts to $50 may sue his- debtor in the district or probate court by attachment, in the following cases : 1. When the debtor is a non-resident. 3. When he has concealed himself, or absconded himself from his usual place of abode in the Territory, so that or- dinary process cannot be served on him ; 3. When he is about to remove his property or effects out of the Territory, or has fraudulently concealed or dis-- posed of his property or effects, so as to hinder, delay or defraud his creditors. 4. When he is about fraudulently to convey, assign, conceal or dispose of his property so as to hinder, delay or defraud his creditors. 5. When the debt was contracted out of this Territory, and the debtor has absconded or secretly^ removed his property or effects into the Territory, with intent to hinder, delay or defraud his creditors. An affidavit must be filed, made by the plaintiff, or some person for him, stating that the defendant is justly indebted to the plain- tiff, after allowing aU just credits and off-sets, in a sum specified, and on what account ; and that the affiant has good reason to believe, and does believe, the existence of one or more of the above named grounds for attachment. Bond must be given, with security, in at least double the amount of debt sworn to. Lands, goods, moneys and credits may be attached. Where the demand is less than |60 an attachment may be obtained, iu the same manner, from a jus- tice of the peace. Deeds, mortgages, Acknowledgment, Recording.— Con- veyances of real-estate must be acknowledged and registered in the office of the archives of the county where made. Acknowledgments taken out of this- Territory, but within the United States, may be taken before any United States court, or a court of any State or Territory having a seal, or by a clerk of any of said courts, or a commissioner of the Territory. If without the United States, before any court of any State, kingdom or Empire having a seal, or the magistrate or supreme power of any city, who may have a seal.. The person making the acknowledgment must be personally known to at least one of the judges of the court, or to the officer taking the same, to be the per- son whose name is subscribed to the writing ; or must be proven to be such by the testimony of two reliable witnesses. A married woman must be informed of the contents of the conveyance, must confess a separate examination, inde- pendent of her husband, and that she executed the same voluntarily, and with- out compulsion, or the illicit influence of her husband. A married woman may convey her real-estate by deed executed by herself and her husband, and acknowledged as above. A deed of real-estate is not valid, except as to the parties to it, and those having]actual notice, until deposited for record. Exemptions. — The following property, when belonging to the head of COURTS or NEW MEXICO. 405 » family, is exempt : 1. The clothing, beds and hed olothing neoeasary for the use • of the family, and firewood sufBoient for thirty days. 2. The bibles, testa- ments, hymn books, and school books used by the family, and family and re- ligious pictures. 3. Provisions for the subsistence of the family, not exceeding $25 in value. 4. Tools and implements belonging to the debtor, and necessary to enable him carry on his trade or business, whether agricultural or mercan- tile, not exceeding $30 in value. Interest. — The legal rate is six per cent. Parties may contract in writ- ing for any rate not exceeding twelve per cent. Judgments shall draw the same rate of interest with the contract on -which they are rendered. A contract for more than twelve per cent. wiU render forfeit the whole interest. liien of mechanics, &C. —Any person performing work or furnishing materials, by virtue of a contract with the owner of a piece of land, in the ■ erection or repairing of any building, shall have a lien therefor on such land and building. An account of the demand must be filed within sixty days, after the work is done or miterials furnished, and an action be commenced within one year from the tims payment should have been made by the con- tractor. Sub-contractors also have a lien. ^limitation of Actions. — Actions for the recovery of real-estate must be brought within ten years after right of action shall accrue ; saving the right to infants, femes coveH, persons non compos mentis, imprisoned or beyond the limits of the United States, to bring such action within three years after re- moval of disability. Wills. — Males above the age of fourteen years and females above the age of twelve years, of sound mind and entire judgment, may make a will for the disposition of their property. A written will must be signed by the testator or by some reliable person at his request, and attested by three or more able and , qualified witnesses, signing in his presence. A verbal will must be attested by the same number of witnesses required for a written one, and not less than two other witnesses to testify that the testator was of a sound mind and entire Judgment. COURTS OF NE^V MEXICO. See pages 8 and 9 of this work. LAV^^S OF UTAH. Organic Act. — Approved Sept. 9, 1850. Not haTing access to any acts of the legislature of later date than 1859, we- do not give any statement in regard to the laws of this Territory. "We hope to- supply the omission hereafter. Certificate of Acknowledg-ment, &c., of Deeds. By Gbaktoe known to the Officer. State op County of On this day of A. D. one thousand eight hundred and! seventy-two, personally appeared before me H. A., a Commissioner for the Ter- ritory of Utah, duly commissioned and sworn, at my office in , aforesaid, A. B., whose name is suhscribed to the within and foregoing instru- ment as a party thereto, personally known to me to he the same person de- scribed in and who executed the said instrument, as a party thereto, and duly acknowledged to me that he executed the same freely and voluntarily, and for the uses and purposes therein mentioned. In witness whereof, I have hereunto set my hand and affixed my official seal, at , the day and year in this certificate first above written. [Signature and Seal.} Form of deed of an Interest in a Mine. [This form may be used for any Territory or State.] This Indenture, made the day of , A. D. 18 , between A. B. of Territory of United States of America, party of the first part, and C. B., of , party of the second part : Witnesseth, that the said party of the first part, for and in consideration of the sum of dollars, lawful money of the United States of America, to him in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, has granted, bar- gained, sold, remised, released and forever quitclaimed, and by these presents does grant, bargain, sell, remise, release and forever quitclaim unto the said party of the second part, and to his heirs and assigns, all that certain [(»• an. undivided interest of feet in that certain] mine and location known a-s the " Mine,'' the same being situated in " Mining District," [or " Canon]," county of and Territory of aforesaid, Together with all the dips, spurs and angles, and also all the ^ LAWS or ■WASHINGTON TEEEITORT. 407 metals, ores, gold and silver-lbearing quartz, rock and earth therein ; and all the rights, privileges and franchises thereto incident, appendant and appurtenant, or therewith usually had and enjoyed; and also, all and singular the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining, and the rents, issues and profits thereof; and also all the estate, right, title, in- terest, property, possession, claim and demand whatsoever, as well in law as in equity of the said party of the first part, of, in, or to, the said premises, and every part and parcel thereof, with the appurtenances. To have and to hold, all and singular the said premises, together with the appurtenances, and privi- leges thereto incident, unto the said party of the second part, his heirs and as- signs forever. In witness whereof the said party of the first part has hereunto set his hand and seal the day and year first above written. Signed, sealed and delivered in the presence of {Signature and seal.'] Xj.A.T7^S WASHINGTON TERRITORY. PEEPASED FOE THIS WOEK BY McGILVRA & BAXTER, Esqs., of Seattle, W. T. Organic Act approved March 3, 1853. Revised Statutes, Code, Practice. — The last revision of the stat. utes was in 1869. The practice is under a code, enacted April 38, 1854, similar in its general features, to that of California. All common law forms of action are abolished, but the distinction between actions at law and suits ia chancery is preserved, and pleadings and proceedings therein are as prescribed by the laws of the United States, and the rules of the supreme court for courts of equity of the United States. Actions are commenced in the district courts, by filing the complaint with the clerk of the court in which the action is brought, and the issuing of a sum- mons thereon. The summons runs in the name of the United States of America, directed to the defendant, stating the cause and general nature of the action, and requiring defendant to appear and answer thereto, as follows : if served in the county in which the action is brought, within SO days ; if out of the county, but in the district, 30 days; in all other cases 60 days. In actions arising upon contract for the payment of money, or damages only, if no answer has 408 lAWS or WASHINGTON TEEEITOBY. been fi'.ed with tbe clerk of the court within the time specified in the summone, default will be entered, and immediately thereafter judgment will be rendered. Service may also be made by publication, where defendant resides out of the territory, upon proper showing, as is usual in most of the States. Pleadings are subscribed and verified by the party, his agent, or attorney. Every action is prosecuted in the name of the real property in interest, except as is otherwise provided by law. The same defence may be set up in an action brought by an assignee as in one brought by an original party ; except on negotiable paper, passed to a bona fide holder before due, and without notice. Arrests. — No person shall be arrested or held to bail except by order of the court where the action Ib brought. Arrests will only be allowed upon evi- dence of fraud committed in contracting the debt, or by parties in a fiduciary capacity, or to prevent threatened injury to person or property. Atta.cliiaieiltS. — Tlie plaintiff, at the time of issuirg summons, or any time thereafter, may have property of defendant attached. The clerk shall is- sue the writ, upon receiving an affidavit by or on behalf of plaintiff, showing some good cause and facts, as required in similar cases in Galiromia ; and giv- ing similar bond. ' Claims ag;aiiist Estates of Persoms Deceased. — Executors and administrators are required to publish a notice, immediately after appoint- ment, to creditors, to present their claims within one year. Claims not so pre- sented are barred. Claims must be supported by the usual affidavit. I>eeds, JTIortg'ag'es, Acisnowledgiiient, Bccording-. — Con- veyances of real-estate must be signed and sealed, witnessed by two witnesses, acknowledged and recorded in the office of the county auditor of the cbnnty where the land is situated. Prom the date of filing for record they are valid as against bona fide purchasers. A married woman must be separately ex- amined ; the contents of the deed must be made known to her ; and she must acknowledge that she executed the same voluntarily, of her own free will, and without the fear of, or coercion from, her husband. Depositions of witnesses out of the Territory may be taken as in Cali- fornia. See pages 48 & 54. Execution, and Stay ©f. — ^No stay can be had except by writ of error, or appeal to the supreme court. Exemptions, and Homestead Eaw. — There is exempt, to every householder being the head of a family, a homestead, not exceeding in value $1,000, while occupied as such by the party. The word " Homestead" must be entered on the margin of the record in the county auditor's office. Necessary tools, books, &o., are also allowed, to mechanics, &e., not exceeding |200 in value. Interest. — The legal rate is ten per cent. The parties may by contract in writing, agree upon any rate. COTIETS OF WAHINGTON TEEEITOBT. 409 Judgments and Iilens of. — Judgments of the district and supreme court, and of justice's courts when a transcript is iiled, are liens on the real- estate of the judgment debtor in the county, and on such as he may acquire for jfive years. liien of Mechanics, &c. — A Hen is given to mechanics, material men, and sub-contractors, to be enforced within one year. Liiniitation of Actions. — Actions for the recovery of real property, or for the possession thereof, must be brought within twenty years. The following actions must be brought within six years : upon a judgment or decree of any court of the United States, or of any State or Territory ; upon a contract in writing ; for the rents and profits, or for the use and occupation of real-estate. Actions in their nature ex delicto, and actions upon contracts not in writing, must be brought withia three years. Actions for libel, slander, assault and battery, and false imprisonment, must be brought within two years. Married Women. — A married woman may dispose of her separate real-estate by will. By Act of the last session of the legislature the relation of husband and wife has been made a sort of co-partnership arrangement : the wife to acquire property from any person, and by giving notice to the world that she ignores her husband's rights therein, she is to be sole owner of the same, exempt from her husband's debts. The Act calls for a judicial interpre- tation. Notes, Bills and Protest. - The holidays are July 4th and Decem- ber 25th. O0"CJ3F8.ir'S OF WASHINGTON TERRITORY. See pages 8 and 9 of this work. A term of the Supreme Court commences, annually, on the 1st Monday of December; to hold tiU all business is disposed of. Judge of the first judicial district, Hon. J. E. Kennedy, of the second, Hon. R. S. Green ; of the third, Hon. 0. Jacobs, who is chief justice of the Territory. LAWS OF WYOMING. Org'anic Act approved July 35, 1868. Actions. — The practice in civil actions is nnder a Code resembling that of New York. Actions in courts of record are commenced hy filing, in the office of the clerk of the proper court, a petition, and causing summons to be issued thereon, under seal of the court, and signed by the clerk. Civil actions before justices of the peace are commenced by summons, or by the appearance and agreement of the parties vrithout summons. Pleadings in justices' courts are either oral or in writing ; in other courts, petition, answer, demurrer, and reply. Arrests. — The defendant may be arrested in a civil action when ■ an affi- davit is filed showing the nature of the plaintiffs claim, that it is just, and the amount thereof, and establishing one or more of the following particulars : 1. That the defendant has removed or begun to remove any of his property out of the jurisdiction of the court with intent to defraud his creditors. 3. That he has begun to convert his property, or a part thereof, into money, for the purpose of placing it beyond the reach of his creditors. 3. That he has prop- erty or rights of action which he fraudulently conceals. 4. That he has as- signed, removed, or disposed of, or has begun to dispose of, his property, or a part thereof, with intent to defraud his creditors. 5. That he fraudulently con- tracted the debt or incurred the obligation for which suit is about to be or has- been brought. 6. In an action to recover the possession of personal property unjustly detained, that the property, or any part thereof, has been concealed, removed, or disposed of, so that it cannot be found or taken by the sheriff. The affidavit must contain a statement of the facts claimed to justify the belief in the existence of one or more of the above particulars. No defendant shall be arrested in an action for the recovery of money only, unless the action be founded on a contract, express or implied. An undertaking must be given. AttaclimentS. — The plaintiff may have an attachment against the prop- erty of the defendant : 1. When the defendant, or one of the defendants, is a foreign corporation or a non-resident ; or, 3. Has absconded vrith the intent to defraud his creditors ; or, 3, Has left the county of his residence with intent to avoid service of summons ; or, 4. So conceals himself that a summons cannot be served upon him ; or, 5. Is about to remove his property, or a part thereof, out of the jurisdiction of the court, with intent to defraud his creditors; or, 6. Is about to convert his property, or a part thereof, into money, for the purpose of placing it beyond the reach of his creditors ; or, 7. Has property or rights in action which he conceals ; or, 8. Has assigned, removed, or disposed of, or is about to dispose of, his property, or a part thereof, with intent to defraud his. LAWS OF WYOMING. 41L creditors ; or, 9. Prandulently contracted the debt or incurred the obligation, for -which suit is about to be or has been brought. Claims against Estates of Persons Deceased are divided iato- the following classes : 1. Funeral expenses and expenses of administration. 3. Expenses of the last sickness, wages of servants, and demands for medicines and medical altendance during the last sickness. 3. Judgments rendered against the deceased in his life-time. 4. All demands without regard tO' quality, which shall be legally exhibited against the estate within six months after the granting of the first letters. 5. AH demands thus exhibited within, one year. All demands not thus exhibited within one year, shall be forever barred, saving to infants, persons of unsound mind, imprisoned, or absent from the United States, three years after the removal of their disabilities. Deeds, m^ortg^ages, Acknowledg-incnt, Recording.— Deeds and mortgages must be signed and sealed in the presence of two witnesses, who' ^hall subscribe their names to the same as such, and must be acknowledged or proved, and recorded in the office of the register of deeds of the county where the land lies, within three months after the date of the instrument. The exe- cution may be, acknowledged within the territory, before a judge or commis- sioner of a court of record, a notary public, or justice of the peace, and such officer shall endorse thereon a certificate of the acknowledgment, and the true date of making the same, under his hand and seal of office, if there be one- Deeds executed in any other part of the United States, may be executed ac- cording to the laws of such place, and be acknowledged before any officer- authorized by the laws of such place to take the acknowledgment of deeds, or before a commissioner of this territory ; and unless before such commissioner,, a certificate must be attached thereto of the clerk or other proper certifying officer of a court of record of the county or district, under the seal of his office, that the person whose name is subscribed to tbe certificate of acknowledgment, was at the date thereof, such officer as he is therein represented to be, that he knows the signature of such person subscribed thereto to be genuine, and that the instrument is executed and acknowledged according to the laws of such place. A husband and wife may by their joint deed, convey the real-estate of thia wife, in like manner as she might do by her separate deed if she were unmarried. When a married woman not residing in this territory, joins with her husband in a conveyance of real-estate situated within this territory, the conveyance^ shall have the same efiFect as if she were sole, and the acknowledgment or proof' of such conveyance by her, may be the same as if she were sole. A conveyance not recorded shall be void as against any subsequent purchaser in good faith: ■ and for a valuable consideration, whose conveyance shall be first recorded. Olmttel Mortgages must be acknowledged and filed with the county recorder in the county where the property is or the mortgagor resides, and wiU then be good and vaUd for one year. Depositions.— May be taken out of the Territory, by a Judge, Justice, or Chancellor of any Court of Eeoord, Justice of the Peace, Notary Public, Mayor or Chief Magistrate of any city or town corporate, Commissioner of this Territory, or any person authorized by a special commission. The officer 412 LAWS or wYOMiNa. must not be a relative or attorney of eitlier party, or otlierwiee interested in the event of the action. The deposition must be takeniipon written interro- gatories, unless the parties otherwise agree. It must be written in the pres- ence of the officer, either by him, by the witness, or some disinterested person, and subscribed by the witness. It must be sealed up and endorsed with the title of the cause, and the name of the officer taking the same, and by him ad- dressed and transmitted to the clerk of the court where the action is pending. The certificate to the deposition must also show that the witness was first sworn to testify the truth, the whole truth, and nothing but the truth, and that the deposition was taken at the time and place specified in the notice. Execution, and Stay of. — The order of sale, on any decree for the sale of mortgaged premises shall be stayed for the period of one year whenever the defendant shall, within twenty days after such decree, file with the clerk of the court a written request for the same. Exscution on any judgment of a District Court shall be stayed for one year, provided the defendant shall, with- in twenty days after the judgment was obtained, Show to the satisfaction of such court or the judge thereof, that he is the owner of real-estate in the coun- ty of sufficient value, over and above incumbrances, to pay such judgment ; or shall give a bond with sufficient sureties, residents of the county, conditioned for the payment of such judgment with interest and costs. Stay of execution upon a justice's judgment is had by giving an undertaking within ten days af- ter the judgment, as follows : on a judgment exceeding $25, and under $50, for thirty days ; on a judgment for $50 up to and including f 100, for sixty days. Exemptions, and Homestead I.a\v. — The necessary wearing ap- parel of every person, not exceeding in value $150, is exempt.' The following property, when owned by the head of a family, or when the separate property of the wife, is exempt : 1. The family Bible, pictures and school-books. 2. A lot in a cemetery or burial ground. 3. Furniture, bedding, provisions, and such other articles as the debtor may select; not to exceed in value $500, The "tools, team and implements, or stock in trade of any mechanic, miner, or other person, used and kept for the purpose of carrying on his trade or business, not exceeding in value $300; and the library, instruments and implements of any professional man, not exceeding in value $300, are also exempt. None of the articles above named are exempt from execution for their purchase money ; and the foregoing exemptions apply only to hona fide residents of the Territory. Pire apparatus is also exempt. Every householder in the Territory, being the head of a family, is entitled to a homestead, not exceeding in value $1,500, ex- empt from execution on any debt incurred after January 1, 1870. Such exemp- iion continues only while the homestead is occupied as such by the owner or his family. A mortgage of a homestead shall not be binding against the wife, unless she freely and voluntarily sign and acknowledge the same ; and the of- ficer taking her acknowledgment shall fuUy apprise her of her rights, and of the effect of her signing the mortgage. Interest. — The legal rate is twelve per cent. The parties may agree upon LAWS OF WYOMING. 413 any rate of interest, but if the rate agreed upon be more than twelve per cent- the agreement must be in writing. Judgments, and. L.ien of. - Judgments of courts of record of tiia Territory, and of courts of the "United States rendered witbia this Territory, are liens on real-estate of the debtor within the county in which the judgment ia rendered, or ia which a transcript thereof ia filed. A transcript of a justice's judgment may be filed in the of&ce of the clerk of the district court of the county where judgment was rendered, and from the time of such filing the judgment shall be a lien on the property of the judgment debtor in that county. Ijien of Meclianics, Sec— A lien is given to mechanics and other persons for labor or materials in erecting, repairing, or removing, any buUdiiig, upon such building and the lot of land upon which the same shall stand. A lieu is also given to miners, and persons furnishing materials to be used for working a mine ; also for labor on personal property, and for transportation of such property. liiniitation of Actions. — Actions for the recovery of the title or pos- session of real-estate, must be brought within twenty-one years after the cause of action accrues. Infants, married women, persons insane or imprisoned, may bring such action within ten years after the removal of such disability. Ac- tions for forcible entry and detainer must be brought within three years. Other actions must be brought as follows : within ten years, upon an oificial bond or a statutory undertaking ; within five years, on a foreign judgment or any agreement in writing; within four years, upon a contract not in writing; ■ upon a liability created by statute other than a forfeiture or penalty ; for tres- pass upon real property ; for taking, detaining, or injuring personal property ; for injury to the rights of the plaintiff not arising upon contract, and not here- inafter enumerated ; for relief on the ground of fraud, the cause of action in such case not to be deemed to have accrued until the discovery of the fraud ; . for damages growing out of the failure or want of consideration of contracts ; , for reUef of any character not herein provided for ; within one year, for libel slander, assault and battery, malicious prosecution, or false imprisonment, and upon a statute for a penalty or forfeiture. If, at the time a cause of action ac- crue in favor of any person, such person be under any of the disabilities above enumerated, the action may be brought vrithin the periods here limited after such disability ceases. If, when a cause of action accrue against a person, he be out of the Territory, the period of limitation shall not begin to run until he come into the Territory ; and if, after the cause of action accrue, he depart from the Territory, or abscond or conceal himself, the time of such absence or concealment shall not be computed. When a cause of action has been barred by the laws of any country where the defendant has • previously resided, it shall be barred here. Part payment, or an acknowledgment or promise in writing, revives the debt. Married "Women. — The property, both real and personal, which any woman owns at the time of her marriage, or acquires afterwards from any per- son other than her husband, together with the rents, issues, and profits thereofj- 414 COURTS OF WTOMINa. Temaing her sole and separate property, not subject to the disposal or inter- ierenoe of her husband, nor liable for his debts. The separate deed of the hus- hand conveys no interest in the ■wife's lands. A married woman may make a ■will, may carry on any business on her separate account, may sue and be sued as if sole in regard to such business, and her earnings shall be her separate property. The husband is not liable for the debts of the ■wife contracted before marriage. Taxes. — On the first Monday in November in each year the unpaid taxes •of that year become delinquent, and draw interest at the rate of twenty-five per cent, until paid. Taxes upon real property are a perpetual lien thereon, and taxes due from any person on personal property, are a lien on any real property owned by him. Real property sold for taxes may be redeemed ■within two years after the Sale, by payment of the amount for which the same was sold, and thirty per cent, additional, with twelve per cent, interest per annum on the whole amount, and all taxes accruing after such sale, with twelve per cent, interest thereon. Witnesses. — The following persons are incompetent to testify : 1. Per- sons of unsound mind at the time of their production, and such as have not iBuffioient capacity to understand the obligations of an oath. 3. Indians and negroes who appear incapable of receiving just impressions of the facts respect- ing which they are examined, or of relating them intelligently and truly. 3. Husband and wife concerning any communication made by one to the other during marriage. 4. An attorney, clergyman, priest, or public officer, concern- ing confidential communications. 5. Any person having a direct legal interest in the result of an action, when the adverse party is an executor, administrator, or legal representative of a deceased person. 6. The husband cannot be witness against the wife, nor the ■wife against the husband, except in a criminal pro- ceeding for a crime committed by the one against the other ; but they may be witnesses for each other in all criminal prosecutions. Certificates of Acknowldgement, &c., of Deeds, and forms for Depositions can readily be framed by consulting the laws of the Territory, as given above in relation to Deeds and Depositions. COURTS OF \VYOMING. See pages 8 and 9 of this book. DIRECTORY OF THE MERCHANTS' LAW & COLLECTION ASSOCIATION. GIVING THE KAME OF ONE OF THE LEADING ATTORNEYS IN NEARLY EVERY COUNTY OF THE UNITED STATES AND IN THE CHIEF CITIES OF THE DOMINION OF CANADA. MERCHANTS' Lm & Collection Association. CENTRAL OFFICE : 55 LIBEI^TT STI^EET. ANDREWS, GIBSON & BATEMAN, ATTORNEYS. Collect past due claims, investigate titles to real-estate, pay taxes, settle estates, and transact every description of legal business in all parts of the United States and the Dominion of Canada, by resident members in the various counties. Full information as to rates, dc, furnished on application to the Central Office. ALABAMA. COUNTY. NAME. Autauga Wm. H. Northington Barbour John D. Roquemore Blount HamUl & Palmer BuUook Jas. Arrington Butler Herbert & Buell Calhoun H. L. Stevenson Chambers E. G. Richards & Son Chot3taw Jas. J. Garrett Cherokee Jas. Savage Clarke J. W. Polia Clay W. J. Pearoe Coffee W. D. Roberts Colbert J. Pearsall Rand Conecuh E. W. Martin Coosa M. D. Moore Dale Wood & Carmiohael Dallas Fellows & Johns Fayette E. P. Jones Greene Crawford & Mobley Hale John T. Walker Henry A. H. MerriU Jackson ' Korwood & Bradford Jefferson Geo. S. Cox Lauderdale Woods & Kennedy Lawrence Harris & Phelan Limestone Houston & Pryor Lowndes Clements & Enochs Macon James E. Cobb Madison Walker &Briokell Marengo W. E. & R. H. Clarke Marion Thos. B. Nesmith Mobile Goldthwaite & Taylor Monroe R. C. Torrey Montgomery F. C. Randolph Perry W. B Modawell Pickens M. L. Stansel Pike John P. Hubbard Randolph W. H. Smith Kusseli Jas. B. Mitchell St. Clair Leroy F. Box Shelby A. A. Sterrett Sumter Snedecor & CookreU Talladega Taul Bradford Tuscaloosa Somerville &McEaohin Walker Wm. B. Appling Wilcox R. H. Dawson ADDRESS. Kingston Eufaula Blountsville Union Springs Greenville Jacksonville La Fayette Butler Centre Suggsville Lineville Elba Tuscumbia Evergreen Rookford Ozark Selma Fayette C. H. Eutaw Greensboro Eufaula Scottsboro Birmingham Florence Moulton Athens Hayneville Tuskegee Huntsville Demopolis Pikeville Mobile £!laibome Montgomery Marion Carrollton Troy Wedowe Scale Ash villa Columbiana Gainesville Talladega Tuscaloosa asper Camden 416 MEEOHANTS' LAW AND COLLECTION ASSOCIATION. ARIZONA. COUNTY. *rAME. ADDBESB. Pima Coles Bashf ord ARKANSAS. Tucson Arkansas W. H. Halliburton ,De Witt, Ashley Wm. D. Moore Hamburgh Bradley A. 0. Jones Warren Calhoun Jones & Thornton Hampton Carroll G. J. Crump Carroll ton Clark H. Flanagin Arkadelphia Columbia B. F. Askew Magnolia Conway Duncan & Woodard Springfield Crawford Jesse Turner Van Buren Cross J. G. Frierson Wittsburg Dallas M. M. Duffie Princeton Drew J. L. Brooks Montioello Franklin Walker & Mansfield Ozark ' Greene Glascock & White Gainesville Hempstead Hempstead & EaMn Washington Hot Springs Geo. if. Summers Hot Springs Independence Byers & Cox BatesviUe Izard John C. Claiborne Pineville Jackson E. S. Anderson Jacksonport Jefferson Martin, Cameron & Martin Pine Bluff Johnson John W. May ClarksviUe Lafayette Henry Moore Lewisville Marion Wm. Keener YelMlle Monroe Wilkins & Price Clarendon Montgomery Geo. G Latta Mount Ida Newton R. W. Harrison Jasper Ouachita Henry G. Bunn Camden PhiUips Hanly & Thweatt Helena Poinsett J. C. Brookfield Harrisburg Prairie Wm. T. Jones Duval's Bluff Pulaski John S. DufEe Little Rock Randolph Dos well & Black Pocahontas St. Francis Poiudexter Dunn Forest City Saline Samuel F.DufBe Benton Sebastian John T. Humphreys Fort Smith Union John H. Carleton El Dorado Van Buren Geo. Sibley Clinton Washington A. M. Wilson Fayetteville "White Turner & Moore Searcy Tell John M. Parker • CALIFORNIA. Danville Amador J. T. Farley Jackson Butte A. Maurice, Jr. Oroville Colusa S. D. WaU Colusa Contra Costa H. Mills Martinez Del Norte W. A. Hamilton Crescent City Humboldt H. W. Havens Eureka Los Angeles V. E. Howard & Son Los Angeles Marin W. H. MoGrew San Rafael Mariposa John M. Corcoran Mariposa Napa Chancellor Hartson Napa City Placer J. E. Hale ' Auburn Sacramento Armstrong & Hinkson Sacramento MEKOHANTS LAW AND COLLECTION ASSOCIA.TION. 417 CAHFOH^lA.— Continued. COUNTY. San Diego San. rranoisoo San Joaquin San Luis Obispo Shasta Solano Sonoma Sutter Tehama Trinity Tuolumne Yolo Tuba Daniel Cleveland Robert Thompson E. S. PUlabury Jas. "White John S. FoUausbee Jos. McKenna George Pierce S. J. Stabler P. B. Na?le E. P. Lovejoy E. A. Kodgers 0. P. Spraffue Belcher & Belcher ADDBBSS. San Diego San Francisco Stockton San Luis Obispo Shasta Fairfield Petaluma Tuba City Rdd Bluff Weaverville Sonora Woodland Marysyille Arapahoe COLORADO. L. B. France Denver CONNECTICUT. Fairfield Loctwood & Beers Bridgeport Hartford Arthur F. Eggleston Hartford Litchfield Charles B. Andrews Litchfield Middlesex D. A. MoQuilUn Portland New Haven Chas. W. Shelton New Haven New London Henry H. Burnham Norwich Tolland Myron P. Teomans Andover Windham John M. HaU DAKOTA. WilUmantio Tankton Moody & Hand DELAWARE. Tankton Kent J. Alexander Fulton Dover New Castle Samuel M. Harrington Wilmington Sussex John B. McFee Georgetown DISTRICT OF COLUMBIA. Washington Thomas Wilson Washington FLORIDA. Alachua Finley & Finley Columbia Finley & Hagen Duval D. C. Dawkins Leon R. B. Hilton Madison E. J. Vann Putnam Calvin GilUs Santa Bosa . John Chain Suwanee John P. White Gainesville Lake City Jacksonville Tallahassee Madison Pilatka Milton Live Oak 418 MEBCHANTS' LAW AND COLLECTION ASSOCIATION. GEORGIA. COTTNTT. NAME. Appling G. J. Holton Baldwin Wm. McKinley Bartow A. M. Eoute Berrien S. W. Baker Bibb Jas. Blount Brooks John a. McCall Burke J. J. Jones Camden J. M. Amow Campbell Thos. W. Latham Catoosa Dodson & Payne Chatham Thos. R. Mills, Jr. Chattahoochee E. G. Raiford Clarke Cobb, Erwin & Cobb Clay John C. Wells Clinch L. A. Sirmons Cobb Wm. T. Winn Columbia Chas. H. Shockley Coweta Lavender R. Ray Crawford Thos. P. Greene Dawson M. L. Smith Decatur John C. Rutherford De Kalb Milton Candler Dougherty Hines & Hobbs Echols R. W. PhiUips Emanuel John R. Prescott Fannin E. W. Chastain Ployd Chas. Smith EoTsyth Hiram P. BeU Eulton Geo. S. Thomas Greene Miles Lewis & Son Habersham Garnett McMillan Hall Charles R. Simmons Hancock J. T. Jordan Harris Jas. M. Mobley Henry Q. R. Nolan Jefferson Wilkins & Cain Johnson R. T. Daley Laurens Jonathan Rivers Lincoln C. R. Strother Lowndes S. W. Baker Lumpkin Bev. A. Martin Macon Geo. W. Eish Marion B. B. Hinton & Son Merriwether John W. Park Milton B. E. Roberts Monroe Henry S. Pinkard Morgan AuaustuB Reese & Son Muscogee L. T. Downing Newton Wm. Clarke Oglethorpe Wm. Matthews Pickens Ambrose K. Blaokwell Pulaski Chas.C.Kibbee Putnam John W. Hudson Randolph Herbert Fielder Richmond Jas. C. C. Black ADDRESS. HolmesviUe MilledgeviUe Cartersyille Nashville Macon Quitman Waynesboro St. Marys Campbellton Ringgold Savannah Cusseta Athens Eort Gaines Homesville Marietta Appling Newnan Knoxville DawBonville Bainbridge Decatur Albany Statenville Swainsboro Morganton Rome Cumming Atlanta Greensboro Clarkesville Gainesville Sparta Hamilton McDonough Louisville Wrightsville Dublin Linoolnton Valdosta Dahlonega Oglethorpe Buena Vista Greenville Alpharetta Eorsyth Madison Columbus Covington Lexin^^ton Jasper Hawkinsville Eatonton Cuthbert Augusta MEBCHANTS LiW AND OOLLEOTION ASSOCIATION. 419 GEORGIA.— Omtinued. TOWN. Schley Scriven Sxunter Talbot Taliaferro Taylor Terrell Troup Twiggs Union. Upson Walker Warren Washington Wayne Whitfield Wilkea Wilkinson Worth COUNTY. C. B. Hudson Geo. E. Black Hawkins & Guerry J. M. Mathews Geo. E. Bristow Holsey & Colbert Frank Harper Speer & Speer H. G.Ward J, S. Fain W. T. Weaver Davis C. Sutton E. H. Pottle John N. GLLmore J. S. Wig-gins D. A. Walker Samuel Barnet Eleazer Gumming Wm. A. Harris ADDBES9. EUaville Sylvania AJnericus Talbotton Crawfordville Btftler Dawson La Grange JeffersonviUe Blairsville Thamastou Lafayette Warrenton Sandersville Waynesville Dalton Washington Irwin ton Isabella ILLINOIS. Adams Alexander Bond Brown Callioun Christian Clark Clay Coles Cook Crawford Cumberland De Kalb De Witt Douglas Du Page Edgar Effingham Fayette Ford Fulton GaUatin Greene Grundy Hancock Henderson Henry Iroquois Jackson Jasper Wheat & Maroy Geo. W. McKeaig Wm. N. Dawdy W. L. Vandeventer T. B. Fuller John B. Jones J. W. Wilkin D. C. Hagle S. M. Shepard Clarkson & Van Sohaaok E. CaUahan T. Brewer Edward L. Mayo Moore & Warner Thos. E. Bundy H. H. Cody Jas. A. Eads H. B. Kepley B. W. Henry Smith & Gray Shope & Gray Carl Roedel Woodson & Withers James N. Heading W. C. Hooker Wm. C. Eice Bennett & Veeder Blades & Kay Henry T. Wright J. H. HoUey Quinoy Cairo Greenville Mt. Sterling Hardin TaylorvUle Marshall Louisville Charleston Chicago Eobinson Prairie City Sycamore Clinton TuscoUa NaperviUe Paris Effingham Vandalia Paxton Lewistowu Shawneetown Carrollton Morris Carthage Oquawka Galva Watseka Carbondale Newton 420 MEECHANTS LAW AMD COLLECTION ASSOCIATION. ILLISOIB.— Continued. TOWN. COUNTY. ADDBESS. Jo. Daviess Luke & Stahl Galena Johnson K. M. Fisher Vienna Kane John 0. Sherwin Aurora Kankakee T. P. Bonfield Kankakee Kendall Irus Coy Yorkville Knox Willoughby & Grant Galesburg Lake Perry & Searls Waukegan La Salle Charles Blanchard Ottawa Lawrence John Fields LawrenoeviUe Lee John D. Crabtree Dixon Livingstone Pillsbury & Lawrence Pontiao Logan G-eo. H. Eitabrooke Atlanta McDonough Tunecliflf & Matteson Macomb McHenry J. P. Cheever Harvard McLean Thos. Slade Bloomington Macon Nelson & Roby Decatur Macoupin W. E,. Welch CarlinsviUe Madison Dale & Burnett Edwardsville Marion Henry C Goodnow Salem Marshall • Bangs & Shaw Lacon Mason Dearborn & (Jampbell Havana Massac J. ¥. McCartney Metropolis Menard N. W- Branson Petersburg Mercer Pepper, Wilson & Martin Aledo Monroe Jo3. W. Kiekert Waterloo Montgomery- Edward Lane Hillsboro Morgan Henry Stryker, Jr. Jacksonville Moultrie W. G. Patterson SuUivan Ogle J. Sears Oregon Peoria lugersolls & McCune Peoria Perry John Boyd PinckneyviUe Piatu Lodge & Huston Monticello Pike Wm. A. Grimshaw Pittsfield Pope Thos. H. Clarke Golconda Pmaski John Liuegar Mound City Randolph Alexander Hood Chester Biohland H. Hayward Ohiey Eiook Island Osborn & Curtis Rock Island St. Clair Wm. H. Sayder BelleviUe Sangamon E. L. and W. L. Gross Springfield Sohulyer Warren & VaU Rushville Scott J. Milton Riggs. ■Winchester Shelby A. F. Hall Shelbyville atarke M. A. Fuller Toulon Stevenson BaUey & Nefe Freeport Tazewell A. J. Ware Pekin Union Jackson Frick Jonesboro Vermilion - Hiram W. Beokwith Danville Wabash Bell & Green Mt. Carmel "Warren Stewart & Phelps Monmouth Washington L. M. PhiUips Nashville Whiteside Kilgour & Manahan Sterling Will Goodspeed, Snap & Knox Joliet Williamson Geo. W. Goddard Marion Winnebago H. W. Taylor Eockford Woodford Wm. G. RandaU El Paso MEECHASTS' LAW AND COLLECTION ASSOCIATION. 421 INDIANA. COITNTY. NAME. ADDKBS8. Adams Studabaker & Quinu Decatur Allen Jas. H. ScheU Fort Wayne Bartliolome-w S. Stansifer Columbus Benton J. Benedict Oxford Blactford W. A. Bonham Hartford City Boone Boone & Harrison Lebanon Brown J. S. Hester Nashville Carroll Jndson Applegate Delphi Cass McConneU & Thornton Logansport Clark Chas. P. Ferg-uson Charlestown Clay E. Miles Bowling Green Clinton L. McCluxg Frankfort Crawford Woodbury & Peokenpaugh Leavenworth Daviess W. J. Mason Washington Dearborn Francis Adkiusou Lawrenoeburg Decatur B. W. Wilson Greensburgh DeKalb E. W. McBride Waterloo Delaware Shipley & Gregory Muncie Dubois B. Buettner Jasper Elkliart ' Woods & Copeland Goshen Fayette John S. Reid Connersville Floyd Kerr & Hisey New Albany Fountain Wood & Stilwell Covington Franklin George T. CresweU Brookville Fulton Sidney Keith Eoohester Gibson 0. M. Welbom, Princeton Grant Van Deventer & McDowell Marion Greene J. E. Isenhower Bloomfield Hamilton F. M. Trissall NoblesvUle Hancock J. L. Mason Greenfield Hajrrison A. Stephens Corydon Hendricks L. M. Campbell Danville Henry Jas. Brown Newcastle Howard John W. Kern. Kokomo Huntington W. H. TrammeU Huntington Jackson A. P. Charles Seymour Jasper B. P. Hammond Eensselaer Jay John E. Perdieu Portland Jefferson WHson & Wilson Madison Jennings Thomas Bachelor Vernon Johnson Overstreet & Hunter Franklin Knox W. H. De WoU Vinoennes Kosciusko Ed. Haymond Warsaw La Grange W. C. Glasgow La Grange Lake Wood & Wood Crown Point La Porte Samuel E. Williams La Porte Lawrence S. W. Short Bedford Madison M. S. Eobinson Anderson Marion Henry D. Pierce Indianapolis Marshall C H. Eeeve Plymouth Miami Shirk & Mitchell Peru Monroe Buskirk & Hunter Bloomington Montgomery Kennedy & Brush Crawfordsville Morgan Geo. W. Grubbs MartinsvUle Newton Ward & Graham Kentland Noble Thomas L. Graves KendaUvnie Ohio S. E. & D. T. Downey Eising Sun 422 MEECHANTS LAW ANB COLLECTION ASSOCIATION. umiASA.—OonUmied. COtTNTT. NAMB. ADDBBSS. Orange A. J. Simpson Paoli Owen Robinson & Fowler Spencer Parke S. P. MaxweU Rookville Perry- Chas. H. Mason Cannelton Pike Miller & McCnllough Petersburgh Porter Thos. J. Merrifield Valparaiso Posey Jas. H. Laird Mount Vernon PulasH Wm. Spangler Winnamac Putnam Williamson & Daggy Greencastle Randolph Jaqna & Gray Union City Ripley Samuel M. Jones Versailles Eusli Smith & Smith Rushville St. Josepli E. D. Hartman South Bend Scott S. S. Crowe Lexington Shelby H. H. Daugherty Shelbyrille Spencer W. H. Blount Rockport Stark Chaney & Thompson 3&10X Steuben Joseph A. Woodhull. Angola Sullivan John T. Gunn Sullivan Switzerland J. A. Works & Son Vevay Tippecanoe Wallace & Rice Lafayette Tipton John W. Robinson Tipton Union Bennett & Casterline Liberty Vanderburgh J. M. ShaokeKord Evansville Vermillion Rhoads & Rhoads Newport Vigo Scott & Duy Terre Haute Wabash L. P. Milligan Huntington Warren Jos. H. Brown Williamsport Warrick Handy & Daily Boonville Washington Thomas & Baynes Salem Wayne Geo. A Johnson Cambridge City Wells Todd & Shinn Bluffton White Robert Gregory Monticello Whitley Isaiah B. McDonald IOWA. Columbia City Adair H. Grass Pontanelle Adams ¥. M. Davis Quincy Allamakee G. W. Gamp Lansing Appanoose E. C. Haynes Centreville Audubon Andrews & Griggs Exira Benton Haines & Warner Vioton Black Hawk Boies, Allen & Couch Waterloo Boone I. J. Mitchel Boonesboro Bremer Ephraim Kinne Waverly Buchanan Lake & Hai-mon Independence Butler A. Converse New Hartford Carroll Manning & Hastings Carroll City Cass Phelps & Delano Atlantic Cedar Wolf & Landt Tipton Cerro Gordo Stanbery, Gibson & Stanbeiy Mason City Cherokee Kellogg & Lewis Cherokee Clarke W. M. Wilson Osceola Clay Sr Gonsar Peterson MBBCHAUTs' LAW AND COLLECTION ASSOCIATION. 423 IOWA. — Continued. COUNTY. Clayton Clinton Crawford Dallas Davis Decatur Delaware Des Moines Dubuque Emmet Fayette Floyd Franklin Fremont Greene Grundy Guthrie Hamilton Hancock Hardin Harrison Henry Howard Humboldt Iowa Jackson Jasper Jefferson Johnson Jones Kossuth Lee Linn Louisa Lucas Madison Mahaska Marion Marshall MUls Mitchell Monona Monroe Montgomery Muscatine Page Palo Alto Plymouth Polk Pottawatomie Poweshiek Ringgold Sac Scott Shelby Story Noble, Hatch & Frese Walter I. Hayes J. D. Miracle Willard & North Amos Steckel John W. Harvey Chas. E. Bronson Smyth & Hedge Smith, Fouke & Chapin H. G. Day Fuller & Goss Starr & Patterson W. N. Davidson A. R. Anderson G. S. Toliver E. P. Baker Charles Haven (jhas. A. Clarke W. C. Stanbery Huff & Heed Clark & Holbrook Amblers & Babb H. T. Reed A. W. MoFarland Clark Varnum Chas. Rich Smith & Cook Slagle & Acheson Edmonds & Ransom J. S. Stacy Marcus Robbins, Jr. McCrary, Miller & MoCrary West & Eastman J. S. Hurley J. W. Wilkerson J. S. McCaughan Laoey & Shepherd C. L. Collins Parker & Rice Hale & Stone Cyrus Foreman Monk & Selleck Perry & Townsend Hewit & Richards Eichman & Carskadden Moore & Morsman T. J. Harrison G. W. Argo Phillips & Phillips Sapp, Lyman & Hanna Ballard* Hall H. 0. Andrews Chase & Duffie Putnam & Rogers Piatt Wicks F. D. Thompson ADDKHSS. McGregor Clinton Denison Adel Bloomfield Leon Manchester Burlington Dubuque Esther ville West Union Charles City Hampton Sidney Jefferson Grundy Centre Panora Webster City Mason City (P. 0.) Eldora Magnolia Mount Pleasant Cresco Dakota City Malcom (P. 0.) Maynoketa Newton Fairfield Iowa City Anamosa Algona Keokuk Cedar Rapids Wapello Chariton Winterset Oskaloosa KnoxviUe Marshall town Glenwood Osage Onawa Albia Frankford Muscatine Clarinda Emmettsburg Le Mars Des Moines Council Bluffs Montezuma Mount Ayr Sac City Davenport Harlan Nevada 424 MEECHAJTTS' LAW AMD COLLECTION ASSOCIATION. IOWA. — Continued. COTJNTT. NAME. Tama Stivers & Safley Taylor Morledge & McPherrin Union B. T. SuUivan Van Buren Mayne & Work WapoUo E. L. Burton Warren H, McNeil Washington McJunkius & Henderson Wayne J. N. McClanahan Webster M. D. O'Connell Winneshiek Waiett & Bennett Woodbury Isaac Pendleton Worth Ed. Collier ADDRESS. Toledo Clarinda Afton Keosauqua Ottnmwa Indianola Washington Corydon Eort Dodge Decorah Sioux City Northwood KANSAS. Alien Thurstau & Gates Humboldt Anderson W. A. Johnson Garnett Atchison Frederick D. Mills Atchison Bourbon J. N. Binford Fort Scott Brown Ira J. Lacook Hiawatha Butler Eedden & Redden El Dorado Chase S. N. Wood Cottonwood Falls Cherokee Hallowell & Whiteman Baxter Springs Clay C. M. Kellogg Clay Centre Coffey Fearl & Stratton Burlington Crawford D. S. Mcintosh Girard Davis J. W. Edmundson Junction City Dickinson John H. Mahan Abilene Doniphan Albert Perry Troy Douglas Benj. J. Horton Lawrence Franklin Mason & Parkinson Ottawa Greenwood G. H. LiUie Eureka Jackson W. H. Dodge Holtou Johnson A. S. Devenney Olathe Labette Bettis & Kelso Labette City Leavenworth Clough & Wheat Leavenworth Linn J. D. Snoddy Mound City Lyon Euggles & Plumb Emporia Marion A. E. Case Marion Centre Marshall J. D. Brumbaugh Marysville Miami B. Simpson PaoU Montgomery W. R. Bartlett Independence Nemaha Taylor & Motter Seneca Neosho Baylas & StiUwell Erie Ottawa W. E. Rose Minneapolis Pottawatomie E. S. Hick Louisville Biley Green & Hessin Manhattan Saline J. H. Presoott Saline Shawnee Wm. P. Douthitt Topeka Wabaunsee N. H. Whitemore Alma Washington A. J. Banta Washington Wilson T. J. Hudson Fredonia Woodson D. P. Grove. Neosho Falls Wyandotte A. B. Bartlett Wyandotte merchants' law and COIiECTtON ASSOClA'fiON. 425 KENTUCKY. cansTY. NAME. Adair J. & E. Gamett Alien J. J. Gatewood Anderson Hanks & Willa Ballard Bullitt & Lowry Barren Bohannon & Porter Bath Reid & Stone Boone Greene & Riddell Bourbon E. T. Davis Boyd Moore & Jones Boyle A. Harding & Son Bracken B. G. WilUa Breckenridge Kincheloe LOTVOON. OFFICE- No. 56 WAImIm STREST^ OPPOSITE HANOVER STREET, NEW YORK. Paid-up Capital and other Assets - - - - $10,000,000 Assets held in the United States - - - $1,300,000 Ooramittee of Management— WM. C. PICKERSGILL, H. de B. ROUTH, ADAM NORRIE, HENRY EYRE, BENJAMIN B. SHERMAN, ROYAL PHELPS, FRANCIS SKIDDY, _ HENRY A. SMYTHE, GEORGE MOKE, W. BUTLER DUNCAN, EDMUiSTD HUEET, Surveyor. A. B. MoDOMLD, Agent. The Deoisimis of every State in the Union within the reach of every Lawyer^ THE AMERI CAN RE PORTS. Containing all Cases of General Value, decided by the Court of last Resort in Every State in the Union, SIZE OF THE VOtUMES. Each volume of the American Reports will contain from 700 to 760 large octavo pages, and -will be printed in a type that mil enable us to give one-third more matter to the page than is contained on a page of the ordinary State Beports, and yet sufSciently large to be read with perfect ease. The volumes will be bound in the beat style of Law Boots. TOtUME I. The first volume of the American Eeports was issued in February, 1871, and has had an extensive circulation in every part of the country; and has received the marked approbation of the profession, both as to plan and execution. This volume contained all the valuable- decisions in the seven States given below. The Eeports of three of these States furnish more important opinions than wiU the Eeports of double that number of the other States; this readily accounts for the fact that less than a third of the States were included. Volume I. contained all cases of general value reported in the following State Reports : 61 MARYLAND, 42 VERMONT, 100 MASSACHUSETTS, 62 PENNSYLVANIA, •a WISCONSIN, 42 NEW YORK, 27 IOWA, And a part of 41 NEW YORK. VOI-UME II. The second volume of the American Reports was published September Ist, and contains- all decisions of general interest reported in the following latest State Reports : 37 MAINE, 32 INDIANA, 48 NEW HAMPSHIRB, 40 GEORGIA, 19 MICHIGAN, 22 LOUISIANA ANNUAL, 15 MINNESOTA, 39 CALIFORNIA, 19 OHIO, 1 HEISKELL (TElllI.), 61 ILLINOIS, 46 MISSOURI^ VOI^UME III. Contains every case of general interest reported in the following State Reports ; 26 WISCONSIN, 101 MASSACHUSETTS, 32 MARYLAND, 102 MASSACHUSETTS, 33 MARYLAND, 63 PENNSYLVANIA, 20 GRATTAN (Va.), 64 PENNSYLVANIA, 6 NEVADA, 65 PENNSYLVANIA, 34 NEW JERSEY, 48 NEW YORK, 6 BUSH (Ky.), 26 AEKANSAS.- TOLiUME IV. Contains all cases of general interest reported in the following State Reports : 44 ALABAMA, 26 ARKANSAS, 36 CONNECTICUT, 62 ILLINOIS, 28 IOWA, 29 IOWA, 50 MAINE, 103 MASSACHUSETTS, 20 MICHIGAN, 21 MICHIGAN, 47 MISSOURI, 44 NEW YORK. VOIilJME V. Is now ready, and contains all valuable decisions reported in the following reports : 2 HEISKELL, (Tenn.) 63 ILLINOIS, 64 ILLINOIS, 33 INDIANA, 32 TEXAS, 43 VERMONT, 66 PENNSYLVANIA, 67 PENNSYLVANIA, 43 MISSISSIPPI, 41 GEORGIA, 8 RHODE ISLAND, 20 OHIO ST. voijItmjs ri. ifow iif x-bess. PRICE. The price of the American Reports is $6.00 per voliune. Those wishing to take the- series should send their orders to the Publisher, and the volumes will be forwarded to them as soon as issued, free of charge. af®Hw m. PAKe®ife, aim,, LAW BOOK PUBLISHER, ALBANY, N. Y. " Decisions or all tlie Courts of England within the reaeli of every Liaivyer." ENGLISH RKPORTS. Vols. 1 and 2 Now Ready, The uadersigned have commenced the publication of a series of reports under this title, which will include all cases of value to the legal profession in this country, decided by ALL the courts in England. The first volume will commence with the present year. The English Consolidated Eeports — commenced in 1805 — are published in England, in numbers, giving the cases in each court under the followipg titles: LAW EEPOETS, ADMIEALTY AND ECCLESIASTICAL. LAW REPORTS, CHANCERY APPEALS. LAW REPORTS, COMMON PLEAS, LAW REPORTS, CROWN..CASES RESERVED. LAW REPORTS, EQUITY CASES. LAW REPORTS, EXCHEftUER. LAW REPORTS, HOUSE OF LORDS. LAW REPORTS, PRIVY COUNCIL. LAW REPORTS, PROBATE AND DIVORCE. LAW REPORTS, ftUEEN'S BENCH. LAW REPORTS, SCOTCH AND DIVORCE APPEALS. Some of the series — as Crown Cases Reserved — have not yet completed a volume, so that the pages are retained in a pacloige where the loss of a single page lessens and almost destroys the value of the entire set. A great proportion of the cases involve questions of a purely local character, and are not of the slightest value in this country. The volimies are expensive, and occupy a much greater space than if only the cases of value here were reported togetiier as soon as those in the series would complete a volume. The profession will thus be saved the time which would be occupied in the examination of cases found to be valueless, and will only be compelled to purchase what is of actual value to them. Not more than three volumes per year will be required. The pages are of the size and style of the "American Reports." The paging of the original reports is retained, and by a citation, as suggested in the ''Preface" to the first volume, the Court is at once indicated. Each volume cantains from 700 to 800 pages. The second volume is now ready. The preface gives a brief account of the jurisdiction and organization of the English Courts, carefully prepared by Mr. Moak, which adds very much to the value of the volume, and will prove of interest to every lawytr. It also contains a list of aU the judges of England, with brief notes relative to the appointment of some of them. This series contains all the cases of value here reported in the Weekly Beporter, the Law Times Eeporis, the Law Journal Reports, and Cox's Oriminal Gases, not included in the regular series. The second volume contains several important cases from those publications. As two of them are published weekly, and give cases much in advance of the regular reports, it not unfrequently happens that the opinion on the reversal of a case is published in them, before that of the court below, in the regular reports. The reporting, in the present series, of cases reversed, will thus frequently be avoided. It will readily be seen that this series possesses an advantage over any one of the EngliA. Mr. Moak has added notes of American cases of a character kindred to those reported. Many of them are quite elaborate. Price $B per volume. Those desiring to subscribe, are requested to send their names to the pub- lishers. On the receipt of the price of a volume, it will be foi-warded free of expense, WILLIAM GOULD & SONS, Law Publishers, 68 State Street, Albany, N. Y., Nov. 1st, 1872. ALBANY, N. Y. PARIS, 1867 -Hs. -T • LONDON, 1862 :aTe OMaineil tlie Highest Honors eyer At ardei to any Piano lanufactnre IN THE "WORLD. The world's greatest Pianists and Composers, the Academies of Fine Arts of Paris, Berlin, and fito, olm, as well as the Piano-purchasing public of Europe and America, unite in the unanimous vercldct o/; Superiority of tlie Steinway Pianos over all others. THEY -WERE AWARDED THE IRST OF THE GRAND GOLD MEDALS OF MONO A-t the AVorld»s r-air. In Paris, 18G7. OFFICIAL CERTIFICATE of the President and Members of the International Ju a. Musical Instruments (Class X) : I certify that the FIRST GOLD MEDAL for American Pianos has been unanimously awarded Messrs. Steinway, by the Jury of the International Exposition. First on the Jjist in Class X. Gisouge Kastneh, \ ^kIjTSVIT, President of tlie IntemationaljTWy. F. A. Gevaeut, / Members ¥etis, Ojicial Reporter " " Ambroise Thomas, > of the En. HANsi.ioK. \ InternatioualJury. . J. SOHIEDMAYEK, ' STEINWAY it SONS' MAMMOTH MANUFACTORY is the most extensive establlshme ' its kind in the world. The Official Revenue Keturus show the number of Pianos manufactured by "SteixWj Sons," viz.: ONE PIANO EVERY WORKING HOUR!! TXSBT FIABTOS SVIIRY "DATT I ! ! id the amount of their sales are nearly double those of the next largest Manufacturer in AmerU and exceed those of the Twelve next largest Piano Manufacturers in New York combined, SteiiiTvay »fc Sons are the only American firm whose Pianos have a" world-wide "reputation, be! cported in larf?e and constantly increasing numbers to JSurope and all other parts of the civilized wor leinway's Pianos are souglitto be copied by nearly all American and European Pianomakers, many of t iter announcingthrough the public papers that their Pianos are constructed on the " Steinway" syste Steinway &; Sons desire to call special attention to their Ith Patent Resonator and TubulAr Frame Action, which are Matchless in Volume and Quality of Toi id surpassing facility of Action and Touch, whilst standing longer in tune, and being more impervious rmosphericlnfluencesthan any other Piano at present manufactured. An immense demand hasalrea irung up for these instruments, which are rapidly becoming THB AIVEERICAIff SOSfLE FZASrOS OF THE FtTTUZlB. Every Piano Warranted for iFive Tears. Prices aa low as the exclusive use of the best materials and most thorough workmanship will pern Id Pianos taken in exchange. IJ2?" Illustrated Catalogues, with Price Lists, mailed free on application. Warerooms, Steinway Hall, 109 and 111 East Fourteenth St., New York. f^taiHiCSitfyij; Si. <:'•<'