REVISED AND ENLARGED EDITION. THE AMERICAN LAWYER, AND BUSINISS-MAN'S FORM -BOOK; CONTAINING FORMS AND INSTRUCTIONS For Contracts, Arbitration and Award, Assignments, Chattel Mortgages, Bills of Sale, Bill of Lading, Bonds, Exchange, Drafts, Promissory Notes, Orders, Receipts, Due-Bills, Conveyances, Deeds, Mortgages, Indentures, Satisfactions, Releases, Dower, Leases, Landlord's and Tenant's Agreements, Composition with Creditors, Charter of Vessels, Building, Letters of Credit and License, Marriage, Articles of Partnership, Power of Attorney, Wills and Codicils, Trust Forms, Barter, Liabilities of Common Carriers and of Minors, Naturalization, Pre-Emption Rights on Public Lands, Rights to Military Bounty Land, Copyright Laws, Regulations and Forms for obtaining Patents, Customhouse Regulations, Domestic and Foreign Rates of Postage, A System of Book-Keeping, Interest Tables, Equation Time Table, Interest and Mensuration Rules, Weights and Measures of different Countries, Value of Gold and Silver Coins, 4c., )c., TOGETHER WITH TH[E SLAWS OF THIE VARIOUS STATES ON THE QUALIFICATIONS NECESSARY FOR VOTERS HOUSEHOLD AND HOMESTEAD EXEMPTIONS FROM EXECUTION, DEEDS, ACKNOWLEDGMENT OF DEEDS, MECHANICS' LIEN, COLLECTION OF DEBTS, LIMITATION OF ACTIONS, REGULATING CONTRACTS, CHATTEL MORTGAGES, RIGHTS OF MARRIED WOMEN DOWER, RATES OF INTEREST, USURY, AND WILLS; AND A MAP AND SEAl FOR EACH STATE IN. THE l.i0N, BY D)ELOS W. BEADLE, A. M., ATTORNEY AND COUNSELLOR AT LAW NEW —YORK: ENSIGN, BRIDGMAN & FANNING, 156 WILLIAM STREET; HUBBARD & BURGESS, 133 WILLIAM STREET; CINCINNATI: H. M. RULISON.-CIICAGO: RUFUS BLANCHARD 1860. Ei;te1,'e:, according to Act of Congress, in the year 1851, by H. PHELrs & Co., and Re-entered, according to Act of Congress, in the year 1855, BY ENSIGN, BRIDGMIAN, & FANNING, AND C. C. SAVAGE, in the Clerk's Office of the District Court of the United States, in and for the Southern District of New York. DELOS W. BEADLE, ATTORNEY AND CO'UNSELLOR AT LAW, REFERENCES. SIMON OREENLEAF LL.D, Boston, Mass. JOHN P. CONVERSE, Esq., Parkman, Ohio. KEn. WM. KENT LL.D., New York City. WM. S. DRIGGS, Esq., Detroit. Mich. JASON STEELE, Bsq., Windsor, Vt. TIMOTHY D. CROCKER, Esq., Burlington, Io JONATHAN EDWARDS, Esq.. San Francisco, Cal. TO TIlE PURCHASER. THIS book which we now offer you is emphatically a manual for the guidance of any and every man in business transactions, in a manner prescribed by law and the usage of trade. But in addition to this, it embodies an array of practical information which makes it a most valuable referencebook to the business man; and we assume that there is no other work equal to it in point of FULLNESS and CORRECTNESS. It has been prepared by a lawyer of high character and standing, whose professional reputation is a sufficient guaranty for its accuracy, assisted by a business-man well acquainted with the wants of the community on the points which this volume is intended to supply. In presenting its claims to public favor, we do not address ourselves as is usual "to tie Ileader," but "to the Purchaser," for we do not expect any man to read it through, but to use it as a reference-book, not only that his business may be done in afobr that shall secure his legal right, but also to ascertain what protection the laws of tile states afford him in the prosecution of his business. When we ask the business-man to purchase it, we expect him to inquire, " WILL IT PAY?" We answerIT WILL PAY THE CITY WHOLESALE MERCHANT. Your customers are scattered throughout the country, and it is important for you to know the laws of the various States for the Collection of Debts, the kinds of Property exempt fiom Attachment, Customhouse Regulations, Foreign Weights and Measures, Liabilities of Common Carriers, Forms of Power of Attorney and of revoking the same, Agreements, and many other things which the index will show. IT WtILL PAY THE CITY RETAILER. We give Forms of Articles of Copartnership, of Leases, Assignment of Policy of Insurance, Notes, Orders, Receipts, Value of Coins, &c.; besides important information on various subjects. IT WILL PAY THE COUNTRY MERCHANT. We give you Forms for Bills of Sale, Contracts, Letters of Credit, Agreement for Sale of Personal Property, Bonds, Book-Keeping, Chattel Mortgages, and a large number of other items adapted to your daily wants. IT WILL PAY THE ATTORNEY. Our book, emanating from one whose legal acumen will not be questioned, gives the profession the State Laws for the Collection of Debts, Laws Regulating Conveyances, the Limitation of Actions, Property Exemptions, Rates of Interest, Acknowlcdgments of Deeds, Statutes of Fraud, Wills, &c., which have been verified by lawyers residing in the different states, and a long array of Forms for drafting business papers. IT WILL PAY THE FARMER. We give you Forms for Deeds, Mortgages, Satisfaction of Mortgages, Bills of Sale, Cultivation of Land, Sale of Animals with Warranty, Homestead and other Exemptions, Instructions for obtaining Public Lands of the government, and numerous other forms and information which might be as important to a farmer as his plough. 4 TO THE PURCHASER. IT WILL PAY THE MECHANIC. Turn to the Lien Laws for the benefit of Mechanics, Liabilities of Minors, Indentures for an Apprentice, Articles of Partnership, forms and rules "rescribed for securing Patents, Contracts, Assignments: the Index will exhibit other subjects equally useful to you. IT WILL PAY THE EMIGRANT. We give you the Laws and Forms regulating Naturalization, Right of settling on United States Public Lands, Homestead and other Property Exempt from Sale for Debts in the different States, Rates of Postage to Foreign Countries, Value of Gold and Silver Coins, Business Forms, &c. IT WILL PAY EVERY MAN AND WOMAN Look at the array of forms and subjects already mentioned, also Promissory Notes, Landlord and Tenant's Agreements, Rights of Married Women, Dower, Rights of Military Bounty Land, Interest Tables, &c., together with another item giving great interest to this work, being a well-delineated MAP OF EACH STATE IN THE UNION, AND A MAP OF THE U. S., which Maps alone are worth three times what is asked for the whole work. If we have now made it plain that it will be a valuable book to you, wo ask you to buy it, not simply to promote our interests, but because we give you in return that information which every man ought to have at his command. THE PUBLISHERS. JANUARY 1, 1851. ADVERTISEMENT TO THE REVISED EDITION. THE extensive patronage bestowed on the AMERICAN LAWYER since its first publication, is the most satisfactory evidence that the publishers were right in supposing that such a work was required for the guidance of all classes of our citizens, and were successful in their efforts to fill the vacuum. Alterations were made from time to time to meet the changes in the statute laws of the several states, but no thorough revision of the work has before been undertaken. A number of the states having recently reorganized their Code, the publishers determined to revise the work, and make the Special Laws as complete and reliable as labor and experience could do it. To accomplish this purpose, the pages devoted to the different states were severally submitted to an able and distinguished practitioner resident in each state, for critical examination and careful comparison with the Revised Statutes and latest enactments of the state, who has verified or modified the law on the subjects included in the volume, to make them conform to the statutes at the present time. This has involved more or less changes in all the states, and in some of them an almost entire modification of the statutes previously published. Several of the maps have been re-engraved, and the laws and map of Minnesota are now given for the first time. This revised and enlarged edition of the LAWYER is now submitted to the public, with the full confidence that those who have tested the intrinsic merits of the old edition, will purchase the new one, and find its value greatly enhanced. THE PUBLISHERS. Xnw YORK, January, 1856. INDEX. ACKNOWLEDGMENT of Wills....... PAGE 168 Bonds, Forms ofAcknowledgment of Deeds (see Deeds For the PaymentofMoney.... PAGE 52 for each State). For the Payment of Interest......... 53 Actions, Limitation of (see Limitation of Of a Corporation.................... 54 Actions). To Indemnify a Sheriff.............. 54 affidavits, Forms of..................... 39 To Executors....................... 55 Agreements.............................. 9 For a Deed..................... 56 General Form of................... 10 Of Treasurer or Trustee of an AssociFor the Sale of Personal Property... 11 ation.............................. 57 For Building........................ 12 Bottomry-Bond...................... 58 For the Sale of Land................ 13 Book-Keeping...................... 372-375 For Hiring Clerk or Workman...... 14 Bounty Lands, Acts granting........ 159,160 For Making Boots, &c............... 14 Building, Agreement for................ 12 For Making Flour-Barrels, &c...... 15 For Sale and Delivery of Wood..... 15 California, Map of..................358, 359 For Sale of Stock.................... 15 Special Laws of.................... 357 For Sale of Goods in Store.......... 16 Cash-Book, Form of.................... 375 For Cultivating Land on Shares..... 17 Charter Party, Form of.................. 61 For Sale of Horse................... 17 Chattel Mortgages..................... 46 For Sale of Fruit-Trees.............. 18 Form of............................. 49 For Barter.......................... 18 Chattel Mortgages, Laws Regulating inFor Sale of Animals................. 19 Maine, 165; New Hampshire, 174; For Indenture of Apprentice........ 19 Massachusetts,188; RhodeIsland,196; For Indenture of Servants........... 20 Connecticut, 200; New York, 209; Alabama, Map of..................... 264, 265 Maryland. 234; North Carolina, 243; Special Laws of.................... 266 South Carolina, 247; Georgia, 255; Animals, Agreement for Sale of.......... 19 Florida, 261; Alabama,' 267; MissisApprentice, Indenture of................ 19 sippi, 274; Texas, 284; Arkansas, 290; Arbitration............................. 21 Tennessee, 293; Kentucky, 299; Ohio, Form of Submission for............. 22 308; Michigan, 314; Indiana. 321; Form of Bond of................... 22 Illinois. 323; Missouri, 334; Iowa, Arbitrators, Oath of..................... 21 340; Wisconsin, 345; Minnesota, 353; Award of........................... 24 California, 360. Arkansas, Map of.................. 288, 289 Check or Draft on Bank................. 45 Special Laws of.................... 287 Clerk; Agreement for Hire of........... 14 Arrest (see Collection of Debts in States). Coins, Table of......................... 382 Assignments............................. 25 Collection of Debts (see Debts, Collection General Form of.................... 25 of). Of Bond............................. 26 Common Carriers, Liabilities of......... 123 Of Mortgage........................ 27 Connecticut, Map of................. 198, 199 Of Mortgtage, to be endorsed thereon 28 Special Laws of..................... 200 Of Mortgage, as Collateral Security.. 28 Contracts (see Agreements)............. 61 Of a Debt.......................... 29 Contracts, Law Regulating.............. 61 Of Judgment....................... Contracts. Laws Regulating, in —Maine, Of Lease............................ 31 165; New Hampshire, 174; Vermont, Of Policy of Insurance.............. 32 179- Massachusetts, 188; Rhode IsFor Equal Benefit of Creditors...... 33 land, 196; Connecticut, 201; New For Benefit of Preferred Creditors.. 32 York, 209; New Jersey, 217; PennOf Partnership Property, for Settle- sylvania, 224; Delaware, 227; Virmernt............................. 36 ginia, 237: North Carolina, 243; South Of a Patent-Right.............. 37, 148 Carolina, 250; Georgia, 255; Florida, Law of, in Vermont................. 180 261; Alabama, 267; Mississippi, 274; Attachment (see Collection of Debts). Louisiana. 277; Texas, 284; Arkansas, 298; Tennessee. 293; Kentucky, Banking and Equation, Table of......... 377 299; Ohio, 308; Michigan, 315; lndiBarter, Agreement for................... 18 ana, 321;'Illinois, 328; Missouri, 334; Bills of Exchange....................... 40 Iowa, 340; Wisconsin, 345; MinneForeign, Forms of................. 42-44 sota, 353; California, 361. Domestic, Forms of................ 45 Conveyances (see Deeds). Bills of Lading, Form of................ 51 Copyright, Law Regulating............. 383 Bills of Sale......... 46 Corporation, Bond of.................. 54 Bill of Sale, General Form of............ 46 Satisfaction of Mortgage by....... 117 Of Horse, with Wrarranty........... 47 Credit, Letter of........................ 94 Of Registered or Enrolled Vessel... 48 Creditors,,Composition with............ 60 Of Vessel to be Recorded........... 132 Assignment, for Equal Benefit of.... 32 Bonds................................... 52 Assignment for Benefit of Preferred. 33 Bonds, Forms of- Customhouse Power of Attorney........ 110 Of Arbitration....................... 22 Customhouse Regulations............... 123 Assignment of....................... 26 Fees Receivable by Law at......... 18 6 N1DX. Day-Book, Form of................ PAGE 374 Florida, Map of................ PAGE 258, 259 Debt, Assignment of.................... 29 Special Laws of.................... 260 Power of Attorney to Collect....... 112 Fraud, Statutes of (see Laws Regulating Debtor, Agreement not to Sue........... 94 Contracts). Debts. Laws Regulating Collection of,in- Fruit-Trees, Agreement for Sale of....... 18 Maine, 167; New Hampshire, 173; Vermont, 181; Massachusetts, 190; Georgia, Map of..................... 252, 253 Rhode Island, 196; Connecticut, 201; Special Laws of..................... 254 New York, 210; New Jersey, 218; Goods in Store, Agreement for Sale of.. 18 Pennsylvania, 224; Delaware, 230; Goods, Order to deliver................. 103 Maryland, 234; Virginia, 240; North Carolina, 246; South Carolina, 250; Horse, Agreement for Sale of.......... 17 Georgia, 256; Florida, 262; Alabama, Bill of Sale of, with Warranty....... 47 267; Mississippi, 275; Louisiana,280; Homestead Exemption, Laws RegulaTexas, 285; Arkansas. 290; Tennes- ting, in-Maine, 164; New Hampsee. 296; Kentucky, 302; Ohio, 309; shire, 172; Vermont, 178; MassachuMichigan, 316; Indiana, 322; Illinois, setts, 186; New York, 206; New Jer329; Missouri, 335; Iowa, 340; Wis- sey, 220; South Carolina, 247; Georconsin, 346; Minnesota, 354; Califor- gia, 254; Florida, 260; Alabama, 266; nia, 362. Mississippi, 272; Texas, 284- ArkanDeeds................................... 64 sas, 287; Tennessee, 298; Ohio, 307; Forms of-Warranty.................. 65 Michigan, 311; Indiana,320; Illinois, Simple, without Warranty......... 66 328; Iowa, 337; Wisconsin, 344; MinQuit-Claim, by Husband and Wife.. 66 nesota, 349; California, 365. Warranty, by Husband and Wife.... 67 By Executors....................... 69 Illinois, Map of...................... 326,327 OfTrust............................. 71 Special Laws of.................... 328 Bond for.......................... 56 Indiana, Map of..................... 318, 319 Acknowledgment of (see State Laws). Special Laws of.................... 320 Deeds. Laws Regulatinu, in-Maine,168; Iowa, Map of......................, 339 New Hampshire, 175; Vermont, 182; Special Laws of................... 337 Massachusetts, 19i; Rhode Island, 197; Insurance Policy, Assignment of........ 32 Connecticut, 202; New York, 211; Interest................................ 376 New Jersey, 218; Pennsylvania, 225; Table of, at Six per cent............ 376 Delaware, 231; Maryland, 238; Vir- Table of. at Seven per cent.......... 377 ginia, 241- North Carolina, 246; South Calculation of....................... 378 Carolina, 250; Georgia, 256; Florida, Table of Banking and Equation..... 377 262; Alabama, 268; Mississippi, 275; Bond for securing Payment of....... 53 Louisiana, 280; Texas. 285; Arkan- Interest, Laws Regulating Rates of, insas, 291; Tennessee, 296; Kentucky, Maine, 168; New Hampshire, 175; 303; Ohio, 309; Michigan, 316; Indi- Vermont, 183; Massachusetts, 192; ana, 323; Illinois, 329; Missouri, 338; Rhode Island, 197; Connecticut, 202; Iowa, 340; Wisconsin, 347, Minneso- New York, 213; New Jersey, 220; ta, 355; California, 363. Pennsylvania, 226; Delaware, 231; Delaware, Map of.................. 228, 229 Maryland, 236; Virginia, 242; North Special Laws of.................... 227 Carolina, 246; South Carolina, 251; Depositions............................. 39 Georgia, 257; Florida, 263; Alabama, Dower(see Married Women, Rights of) 82 269; Mississippi,276; Louisiana, 281; Assignment of...................... 83 Texas, 286; Arkansas, 292- TennesRelease of........................... 84 see, 297; Kentucky, 303; 6hio, 310; Right of (see the respective States). Michigan, 317; Indiana, 324; Illinois, Drafts................................... 40 330; Missouri, 336; Iowa, 340; WisAt Sight............................. 45 consin, 348; Minnesota,356; CaliforOn Time........................... 45 nia, 368. On a Bank......................... 45 Due-Bills............................... 102 Judgment, Assignment of............... 30 Judgment-Note Form of............... 97 Executors, Bond to..................... 55 Mortgage to......................... 76 Kentucky, Map of.................. 300, 301 Deed by............................. 69 Special Laws of................ 299 Exemption, Homestead (see Homestead Exemption). Land, Agreement for Sale of............ 13 Exemptions, EHousehold, Laws Regula- Agreement to Cultivate on Shares... 17 ting, in-Maine, 161; New Hamp. Lands,Public, Form for Pre-empting. 151-156 shire, 169; Vermont, 178; Massachu- Land-Warrants, Soldiers entitled to.. 159,160 setts, 186; Rhode Island, 193; Con- Landlord and Tenant.................... 85 neclicut, 200; New York, 203; New Tenant's Agreement................ 91 Jersey, 216; Pennsylvania, 221; Del- Landlord's Agreement.............. 91 aware, 230; Maryland, 234 Virginia, Lease, Assignment of.................... 81 237; North Carolina, 243; South Car- Mortgage of........................ 79 olina, 247; Georgia, 254; Florida, 260; Short Form of....................... 86 Alabama, 266; Mississippi, 272; Lou- Tenant to pay Taxes, and not underlet 87 isiana, 277; Texas. 284; Arkansas, With covenant not to underlet....... 39 287; Tennessee, 293; Kentucky, 299; Witlh hMortgage of PersonalProperty, Ohio, 306; Michigan. 311; Indiana, to secure Rent..................... 92 320: Illinois, 325; Missouri, 331; Io- Ledger, Formo of....................... 375 wa, 337; Wisconsin, 244; Minnesota, Letter of Credit and of License, Form of. 94 349; California, 365. Liability of Ship-Owners............... 127 INDEX. 7 Liabilities of Common Carriers.... PAGE 123 Mensuration.................. PAGE 378 Liabilities of Minors.................... 122 Merchandise, Order for.............. 103 Lien, Mechanics', Laws Regulating, in- Michigan, Map of................ 312, 313 Maine, 164; New Hampshire, 169; Special Laws of.................... 311 Vermont, 179; Massachusetts, 187; Military Bounty Lands.................. 157 Rhode Island, 193; Connecticut, 200; Minnesota, Map of................ 350, 351 New York, 207; New Jersey, 216; Special Laws of.................... 349 Pennsylvania, 221; Maryland, 234; Minors, Liabilities of................... 122 Virginia, 237; South Carolina, 247; Mississippi, Map of................. 270, 271 Georgia, 254; Florida, 260; Alabama, Special Laws of............... 272 266; Mississippi, 273; Louisiana, 277; Missouri, Map of................... 332, 333 Texas. 284; Arkansas, 287; Tennes- Special Laws of.................... 331 see, 293; Kentucky, 299; Ohio, 308; Money, Bond for Payment of........... 52 Michigan, 314; Indiana,324; Illinois, Order for............................ 102 325; Missouri, 351; Iowa, 337; Wis- Mortgages.............................. 64 cousin, 345; Minnesota, 352; Califor- Mortgages, Forms ofnia, 357. Of Chattels (see Chattel Mortgages). 49 Limitation of Actions, Laws Regulating With Power of Sale................. 73 the, in-Maine, 166; New Hampshire, By Husband and Wife, with Interest 173- Vermont, 180; Massachusetts, and Insurance Clause.............. 73 189; Rhode Island, 196; Connecticut, To Executors....................... 7 201; NewYork,209; NewJersey,217; To secure a Note.................... 78 Pennsylvania, 224; Delaware, 227; On Lease, with Covenant to Insure.. 79 Maryland, 234; Virginia, 240; North Satisfaction of...................... 116 Carolina, 243; South Carolina, 250; Satisfaction of by Corporation...... 117 Georgia, 255; Florida, 262; Alabama, Assignment o...................... 27 266; Mississippi, 274; Louisiana,277; Endorsement of Assignment on..... 28 Texas, 284; Arkansas, 290; Tennes- Endorsement, when intended as Colsee, 2916; Kentucky, 302; Ohio, 308; lateral Security.................... 28 Michigan,315; Indiana,321; Illinois, Of Vessel, to be recorded........... 132 29; Missouri, 334; Iowa, 340:; Wisconsin, 346; Minnesota, 353; Califor- Naturalization, Regulations for.......... 133 nia, 361. Naturalization, Forms ofLouisiana, Map of................... 278, 279 Declaration of Intention........... 183 Special Laws of.................... 277 Affidavit ofone who arrived under 18 134 Manufacturing, Agreement for........ 14,15 Affidavit to prove Intention.......... 134 Maine, Map of................. 162, 163 P.roof of'Residence, &c.............. 184 Special Laws of..................... 161 Oath to support Constitution......... 135 Maps of the States-Maine, 162; N.Hamp- Certificate of Citizenship............ 185 shire, 170; Vermont, 176; Massachu- New Hampshire, Map of............ 170,171 setts, 184; Rhode Island, 194; Con- Special Laws of................!... 169 necticut, 198; New York, 204; New New Jersey, Map of................ 214, 215 Jersey, 214; Pennsylvania,222; Del- Special Laws of.................. 216 aware, 228; Maryland, 232 Virginia, New York, Map of.................. 204, 205 238; North Carolina, 244; South Car- Special Laws of.................... 203 olina, 248; Georgia,252; Florida,258; North Carolina, Map of............. 244, 245 Alabama. 264; Mississippi,270; Lou- Special Laws of.................... 243 isiana, 278; Texas, 282; Arkansas, Note, Mortgage to secure................ 78 288; Tennessee, 294; Kentucky, 300; Notes, Promissory....................... 98 Ohio, 304; Michigan. 312; Indiana, Notes, Promissory, Forms of318: Illinois, 326; Missouri, 332; o- Not Negotiable...................... 100 wa,338; Wisconsin,342; Minnesota, Negotiable by Endorsement......... 100 350; California, 358; U. States, 366. Negotiable without Endorsement... 100 Marriage, Form of..................... 96 Joint negotiable, payable at a Bank.. 101 Certificate, Form of.............. 96 Negotiable, payable in Merchandise. 101 Married Women, Laws RegulatingRights Negotiable on Demand............ 101 of, in-Maine, 168; New Hampshire, On Demand with Interest, not Nego175; Vermont, 182; Massachusetts, tiable.............................. 101 191; Rhode Island, 197; Connecticut, 202; New York, 213; New Jersey, Ohio, Map of....................3..04,305 220; Pennsylvania. 22.5; Delaware, Special Laws of.................. 306 231; Maryland, 235; Virginia, 242; Orders................................. 102 North Carolina, 246; South Carolina, Orders, Forms of251; Georgia, 257; Florida, 263; Ala- For Money......................... 102 bama, 269; Mississippi, 276; Louisi- For Merchandise.................. 103 ana, 280); Texas, 286; Arkansas, 292; To deliver Goods................ 103 Tennessee, 297; Kentucky, 303; Ohio, 310; Michigan, 317; Indiana, 323; Partnership.......................... 105 Illinois, 330; Missouri, 336; Iowa, Partnership, Forms of340; WVisconsin, 348; Minnesota, 356; Article of....................... 106 California, 364. Renewal of, Endorsement of........ 10 Maryland, Map of................. 332, 233 Dissolution of, Endorsement of...... 108 Special Laws of................... 234 Property, Assignment of, to close... 36 Massachusetts, Map of............... 184, 185 Patents, Regulations for securing........ 138 Special Laws of.................. 186 For what Patents may be granted... 138 Measures and Weights................. 179 To whom Patents may be granlted... 138 Table of Foreign.................. 381 What will prevent the granting of... 138 Mechanics' Lien (see Lien, Mechanics'). Mode of proceeding to obtain Patents 139 .DEINDEX. atent Regulations and Forms- PAGE. Receipts, Forms of- PAGE. Forms of Petition, Specification, and Of Interest to be endorsed on a Bond 104 Oath.............................. 139 In Full for a Special Account........ 104 Of the Examination of.............. 141 Releases............................... 114 Of Withdrawals..................... 142 Releases, Forms ofRetaining Patents in the Secret Ar- Of Dower........................... 84 chives............................. 143 General of all Demands............. 114 Of Appeals......................... 143 Of Part of Mortgaged Premises..... 115 Of Interferences.................... 143 Revocation of Power of Attorney....... 113 Reissues and additional Improve- Rhode Island, Map of............... 194, 195 ments............................. 143 Special Laws of.................... 193 Forms for the same.............. 144 Rights of Married Women (see Married Disclaimers......................... 144 Women, Laws Regulating Rights of). Form of Disclaimer................. 145 Of Extensions....................... 145 Satisfaction of Mbrtgage................ 116 Of Designs.......................... 146 By a Corporation................... 117 Forms necessary for the same... 146 Servant's Indenture..................... 20 Of Foreign Patents.................. 146 Sheriff, Bond to Indemnify.............. 54 Of Caveats......................... 147 South Carolina. Map of............. 248, 249 Form of Caveat..................... 147 Special Laws of..................... 247 Penalties for Fraud.................. 148 Special State Laws................. 161 Of Assignments..................... 148 Statute of Frauds (see Contracts, Laws Forms of Assignment............ 37,148 Regulating). Fees, how and where payable....... 149 Stock, Agreement for Sale of............ 15 Taking Testimony.................. 150 Power of Attorney to transfer....... 111 Rules of Correspondence.......... 151 Of Amendments to Specifications.... 151 Tennessee, Map of................. 294, 295 Rules for reconsiderations of Decis- Special Laws of................... 293 ions............................... 151 Texas, Map of..................... 282, 283 Of giving and withholding Informa- Special Laws of.................... 284 tion.............................. 152 Treasurer or Trustee of an Association, Pennsylvania, Map of............... 222, 223 Bond of............................. 57 Special Laws of..................... 221 Trust-Deed.............................. 71 Personal Property, Agreenment for Sale of 11 Policy of Insurance, Assignment of...... 32 Vermont, Map of................... 176, 177 Postage, Rates of, United States and For- Special Laws of.................... 178 eign............................. 368-371 Vessel, Bill of Sale of................... 48 Power of Attorney..................... 109 Sale or Mortgage of to be Recorded. 132 Power of Attorney, Forms of- Virginia, Map of................... 238, 239 General Power...................... 109 Special Laws of..................... 237 Customhouse Power................ 110 Voters, Qualifications of, in each State... 135 To transfer Stock.................... 11 Proxy, Power to vote by............ 11 Warranty Deed.......................... 65 To Collect Debts.................... 112 By Husband and Wife............. 67 To Sell Real Estate.................. 113 Weights and Measures.................. 879 Substitution, to be endorsed on...... 113 Table of Foreign.................... 381 Revocation of....................... 113 Wills................................... 119 Pre-emption, Instructions for, and Forms Short Form of...................... 119 of................................. 153 Codicil to........................... 120 For Lands subject, before Sept., 1841. 157 Devising Property to Trustees for For Lands subject, since Sept., 1841.. 157 Special Purposes.................. 121 Declaratory Statement.............. 157 Wills, Laws Regulating in-Maine, 168; Affidavit of Claimant............... 158 New Hampshire, 175; Vermont, 183; Affidavit, where Claimant dies...... 158 Massachusetts, 192; Rhode Island, Preferred Creditors, Assignment for Ben- 197; Connecticut, 202; New York, efit of.............................. 33 203; New Jersey, 220; Pennsylvania, Promissory Notes (see Notes, Promis- 226; Delaware, 231; Maryland, 236; sory)................................ 98 Virginia, 242; North Carolina, 246; Proxv. Power to vote by, Form of...... 111 South Carolina, 251; Georgia. 257; Public Lands, Regulations of............ 156 Florida, 263; Alabama, 269; Mississippi, 276; Louisiana, 281; Texas, Qualifications of Voters in the States.... 135 286; Arkahsas, 292; Tennessee, 297; Quit-Claim Deed, by Husband and Wife 66 Kentucky, 303; Ohio. 310; Michigan, 317; Indiana, 324; Illinois, 330; MisRate of Interest (see Interest, Rate of). souri, 336; Iowa, 340i Wisconsin,348; Real Estate, Power of Attorney to sell.. 112 Minnesota, 356; California, 368. Rect-ipts................................. 103 Wisconsin, Map of................. 342, 343 Recei ps, Forms of- Special Laws of.................... 344 In Full........................... 103 Wood, Agreement to sell and deliver.... 15 On Account...................... 104 omen, Rights of Married (see Married For a Special Purpose............... 104 Women, Rights of). For Mloney paid by a Third Person.. 104 Workman, Agreement for Hire of...... 14 THE AMERICAN LAWYER. AGREEMENTS. AN agreement or contract is the mutual consent of two or more persons respecting anything done or to be done. When reduced to writing, the memorandum or articles containing the agreement, signed by the parties thereto, is usually called an agreement. It is advisable, in all cases, to reduce the agreements and contracts of parties to writing; not only because, in case of dispute, the instrument is a more reliable and satisfactory source of evidence than the memory of witnesses, but because, by statute, many agreements are void unless put into writing and subscribed by the party to be charged. But care must be taken to put the whole and exact contract in writing, as verbal evidence will not be admitted to alter or vary a written instrument. If erasures or interiineations are made, the fact should be stated on the paper, that they were so done before the parties signed it. In all agreements or contracts there must be a consideration flowing from the promisor to the promisee, such as the payment of money, the sale and delivery of property- something whereby the promisee is benefited or the promisor put to inconvenience; and this consideration should be expressed. Contracts which militate against the public good can not 10 AGREEMENTS. be enforced-as a contract not to exercise one's trade or calling at all, a contract to erect a public nuisance, &c. It is understood, in every contract for work or labor, that it shall be executed in a suitable and workmanlike manner, whether it is so expressed in the contract or not. If it is desired by both parties to an agreement to waive the performance of a part of it, let it be so endorsed on the back of the agreement, and signed by the party who so con cents to waive it. The law of the state where the contract is made regulates the construction of the contract; the law of the state where the contract is sought to be enforced regulates the remedy. Amounts and dates should always be written out, and not expressed in figures: thus, two thousand dollars, instead of $2,000. The words in italics, and names in capitals, are merely inserted to show how the forms may be filled out. Th.ey should be always omitted in drawing a paper, and such wordp inserted as correspond with the facts in hand, and the actual agreement of the parties. Fraud destroys every contract into which it enters. No. 1.-General Form of Agreement. (Ibis 2greement, made this first day of May, one thou sand eight hundred andfifty, between JOHN DOE, of the village of Black Rock, in the county of Erie, and state of New York, of the first part, and RICHARD ROE, of the city of Buffalo, in said county and state, of the second part-* btitneesttl, that the said JOHN DOE, in consideration of the covenants on the part of the party of the second part hereinafter contained, doth covenant and agree to and with the said RICHARD ROE, that [here insert the agreement on the part of John Doe]. And the said RICHARD ROE, in consideration of the covenants on the part of the party of the first part, doth covenant * To avoid repetition, we have referred in the succeeding forms to certain numbers, for the introductory matter of the form. For example in No. 5, the first part of No. 1 is to be copied in that form as far as the star. AGREEMENTS. 11 and agree to and with the said JOHN DOEn that [here insert the agreement on the part of Richard Roe]. if n mitnet' tulerof, we have hereunto set our hands and seals, the day and year first above written. Signed, sealed, and delivered, in presence of JOHN DOE (seal). JOHN SMITH, RICHARD ROE (seal). JAMES SHORT. [IWhen required, this clause may be inserted:] lnbI it is furtier agretb between the parties hereto, that the party that shall fail to perform this agreement on his part, will pay to the other the full sum of fifty dollars, as liquidated, fixed, and settled damages.t No. 2.-Agreement for the Sale and Delivery of Personal Property. i4i Aglreemenlt, made this first day of July, one thousand eight hundred and fifty, between JOIN DOE, of the village of New Albany, in the county of Floyd, and state of Indiana, of the first part, and RICHARD ROE, of the city of Buffalo, in the county of Erie, and state of New York, of the second parttitneasett], that the said JOHN DOE, in consideration of the covenants on the part of the said RICHARD ROE, doth covenant to and with the said RICHARD ROE, that he will deliver to the said RICHARD ROE, at his storehouse in New Albany aforesaid, one thousand bushels of wheat, of good merchantable quality, on or before the first day of September next. And the said RICHARD ROE, in consideration of the covenants on the part of the said JOHN DOE, doth covenant and agree to and with the said JOHN DOE, that he will pay to the said JOHN DOE at the rate of one dollar for each bushel of wheat so delivered, immediately on the completion of the delivery thereof. t This form of witnessing and signing may be adopted in every legal instrument, except where a different form is particularly given or directed to be used. t When it;s desired to fix the damages for the violation of the contract, this clause may be'nserted before the witnessing clause. It has the advantage of making certain the amount of damages to be paid, instead of leaving it to be settled by a suit at law, or an agreement between the parties, after the contract has been violated. 1.2 AG REEM ENTS. lit fitntes mb)eraof, the said parties have hereulto set their hands and seals the day and year first above written. Signed, sealed, and deliv- ered, in presence of JOHN DOE (seal). JOHN SMITH, RICHARID ROE (seal). JAMES SHORT. The foregoing form can be used for any description of per sonal property. No. 3.-Agreement for Building. Tontrart for Bnilbintt, made the tenth day of July, one thousand eight hundred andfifty, by and between JOHN DOE, of Brooklyn, in the county of Kings, and state of New York, of the first part, and RICHARD ROE, of New York, in the county of New York, and state of New York, of the second part, in these words: the said party of the second part covenants and agrees to and with the said party of the first part, to make, erect, build, and finish, in a good substantial and workmanlike manner, a three-story 1brick dwe7ling-house, on the lot of land situated [here insert description of lot], agreeable to the draught, plan, and explanation,* hereunto annexed, of good and substantial materials, by thefirst day of January next. And the said party of the first part covenants and agrees to pay unto the said party of the second part, for the same, the sum of tz'o thousand dollars lawful money of the United States, as follows: the sum of one thousand dollars when tJe building is enclosed and the roof put on, and the remaining one thousand dollars when the building is completed. And for the true and faithful performance of all and every of the covenants and agreements above mentioned, the parties to these presents covenant and agree, each with the other, that the sum of one thousand dollars, as fixed, settled, and liquidated damages, shall be paid to the other by the failing party. Jn wtitncso ilercof, &c. [as in No. 1]. * The draughts and explanations should be all signed by the parties to the agreement, in order that they may be identified. AGREEMENTS. 13 No. 4.-Agreement for the Sale of Land. %rtirles of agreement, made the fifth day of March, one thousand eight hundred and fifty, between JOIN DOE, of Rochester, in the county of Monroe, and state of New York, of the first part, and RICHARD ROE, of Newburgh, in the county of Orange, and state of New York, of the second part, witnesseth, that the said party of the first part, for and in consideration of the sum offifty dollars, to him in hand paid, has contracted and agreed to sell to the said party of the second uart, all that certain piece or parcel of land, situate in the town of Newburgh, in Orange county, and state of New York, and which is bounded and described as follows, to wit: beginning at, &c. [here insert description of the land].* And the said party of the first part agrees to execute and deliver to the said party of the Second part a warranty deed, for the said land: Provided, and upon condition nevertheless, that the said party of the second part, his heirs or assigns, pay to the said party of the first part, his heirs or assigns, for the same land, the sum of five hundred dollars lawful money of the United States of America, payable as follows: the sum of two hundred and fifty dollars on the first day of June next, and the further and remaining sum of two hundred and fifty dollars on the first day of August in the year one thousand eight hundred and fifty-two, together with lawful interest on the same, from the date hereof: And the said party of the second part, for himself, his heirs, executors, and administrators, doth covenant and agree, to and with the said party of the first part, his heirs and assigns, that the said party of the second part will pay the said several sums as they severally become due, with the interest thereon, without deduction of any taxes or assessments whatever. And it is further agreed between the parties to these presents, that if default be made in fulfilling this agreement, or any part thereof, on the part of the said party of the second part, then, and in such case, the said party of the first part, his heirs and assigns, shall be at liberty to consider this contract as forfeited and annulled, and to dispose of the said lanl to any other person, in the same manner as if this contract had never been made. an mitness wtll)erof, &c. [as in No. 1]. " In describing land, buildings, &c., care should be had to make the descrip tion as complete as possible, so as to be readily identified on examination. 14 AGREEMENTS. No. 5.-Agreement for the Hiring of a Clerk or Workman. TlJis lgreement, &c. [as in No. 1 to the * ] {Jitnesnetj, that the said JOHN DOE has agreed to enter the service of the said RICHARD ROE as clerk [or journeyman], and covenants and agrees, to and with the said RICHARD ROE, that he will faithfully, honestly, and diligently, apply himself and perform the duties of a clerk [or journeymanl in the store [or shop] of the said RICHARD ROE, and faithfully obey all the reasonable wishes and commands of the said RICHXRD ROE, for and during the space of one year from the first day of December next, for the compensation of five hundred dollars per annum, payable quarterly. And the said RICHARD ROE covenants with the said JOHN DOE, that he will receive him as his clerk [or journeyman] for the term of one year aforesaid, and will pay him for his services as such clerk [or journeyman] the sum of five hundred dollars annually, in quarter yearly payments. In witnes wtxereof, &c. [as in No. 1]. No. 6.-Agreement for making and delivering Boots. Ellis agreement, &c. [as in No. 1 to * ]WXitneicSti, that the said JOHN DOE, in consideration of the covenants on the part of the party of the second part, to be performed, doth covenant and agree, to and with the said RICHARD ROE, that he will, within [here inse? th te time] from the date hereof, make and deliver to the said RICHARD ROE, ten thousand pairs of boots, made from calfskin, of the first quality, and of the following sizes [here insert sizes]. And the said RICHARD ROE covenants to pay to the said JOHN DOE two dollars for each pair upon the completion of the delivery of the said ten thousand pairs, if the same are delivered within [insert the time agreed upon] from the date hereof as aforesaid. tnt witness whereof, &c. [as in No. 1]. AGREEMENTS. 15 No. 7.-Agreement for making Flour-Barrels. bis AgYreement, &c. [as in No. 1 to the * ]tjitineSeti, that JOHN DOE, il consideration of the agreement on the part of RICHARD ROE, to be performed, covenants with the said RICHARD ROE, that he will make and deliver to the said RICHARD ROE, during the term of one year next ensuing from the date hereof, one thousand merchantable flourbarrels in each week, said flour-barrels to be made of good, hard, well-seasoned white-oak stuff, and the hoops to be of black ash. And the said RICHARD ROE, in consideration thereof, agrees to pay to the said JOHN DOE at the rate of twenty cents for each barrel, such payment to be made on each thousand barrels immediately on the delivery thereof, until the whole quantity is made and delivered.* In mitness mJereof, &c. [as in No. 1]. No. 8.-Agreement to sell and deliver Cord-Wood. tlig 2greement, &c. [as in No. 1 to the *]. t'itnessetil, that the said JOHN DOE agrees to sell to tho said RICHARD ROE one thousand cords of wood, all of it to be well seasoned, and to be of beech and maple only, and to deliver the same, securely corded, at the factory of the said RICHARD ROE in the town aforesaid, for the price of two dollars per cord, on thefirst day of June next. And the said RICHARD ROE, in consideration thereof, agrees to pay to the said JOHN DOE, for the said wood, at the rate of two dollars for each cord of wood, immediately upon the completion of the delivery thereof. In witness mieredf, &c. [as in No. 1]. No. 9.-Agreement to sell Shares of Stock. ~0)i[ Agreement, &c. [as in No. 1 to * ]&;itnesetl), that, in consideration of the agreement of' RICHARD ROE, hereinafter contained, the said JOHN DOE agrees to sell, transfer, and convey, to the said RICHARD ROE * The time and rate of payment may be altered to correspond with the special agreement between the parties. 16 AGREEMENTS. on the tenth day of July next, one thousand shares of the Glenville Manufacturing Company, now owned by the said JOHN DOE, and standing in his name on the books of said company, and to execute and deliver to the said RICHARD ROE all necessary assignments, transfers, and conveyances, to assure and convey the same to the said RICHARD ROE, his executors, administrators, and assigns, for ever. In consideration of which, the said RICHARD ROE, agrees with the said JOHN DOE to pay to him one hundred dollars for each share of the said capital stock, on the said tenth day of Judy next. In witnuer wereof, &c. [as in No. 1]. No. 10.-Agreement to sell Goods in Store. hii 2greement, &c. [as in No. 1 to * ] tiitnteseth, that in consideration of the covenants on the part of the said RICHARD ROE, hereinafter contained, the said JOHN DOE doth covenant with the said RICHARD ROE, that he will take of the said RICHARD ROE all his stock of goods, wares, and merchandise, now being in his store in the villag e of Cooperstown, together with all the fixtures thereto belonging an account of such stock of goods, wares, and merchandise, to be taken by the parties hereto in the presence of each other: and the said JOHN DOE agrees to pay for them at the invoice price; but if any of said goods be damaged, such damaged goods, together with the fixtures aforesaid, to be valued by two disinterested persons, one of whom is to be selected by each of the parties hereto, and to pay for the same the value or price that the said appraisers may agree to set upon them as a fair valuation of the same; and that in five days after the value of said goods, wares, merchandise, and fixtures, can be ascertained as aforesaid, said value is to be paid by the said JOIIN DOE to the said RICHARD ROE. And the said RICHARD ROE, in consideration thereof, agrees to sell to the said JOHN DOE the said goods, wares, and merchandise, at the invoice price, and the fixtures and such goods as may be damaged at such price as the appraisers appointed as aforesaid may fix and determine; and make, execute, and deliver, to the said JOHN DOE, a good and sufficient bill of sale and conveyance thereof. In witness tWhereof, &c. [as in No. 1]. AGREEMENTS. 17 No. 11.-Agreement to cultivate Land on Shares. tji agtreement, &c. [as in No. i to * ]t!itnessett, that the said JOHN DOE agrees with the said RICHARD ROE, that he will properly plough, harrow, till, fit, and prepare for sowing, all that certain field of ground belonging to the said RICHARD ROE, which field lies, &c. [here insert description of the field], containing about fifty acres, and to sow the same with good winter wheat, finding one half of the seed wheat necessary therefor, on or before the first day of September next; and that he will at the proper time cut, harvest, and thrash, the said wheat, and properly winnow and clean the same, and deliver the one half part of the said wheat to the said RICHARD ROE, at his barn, on his premises, in the town of Washington aforesaid, near his dwelling-house, within ten days after the same shall have been cleaned; and will carefully stack the one half part of the straw on the premises of the said RICHARD ROE, near to his barn aforesaid. And the said RICHARD ROE, in consideration of the foregoing agreement, promises and agrees, to and with the said JOHN DOE, that he may enter in and upon the said field for the purpose of tilling and sowing the same, and of harvesting the crop; and free ingress and egress have and enjoy for the purposes aforesaid; and that he will furnish to the said JoHN DoE one half part of the seed wheat necessary to sow the same, on or before the first day of September next, and permit the said JOHN DOE to thrash and clean the wheat upon the premises of the said RICHARD ROE. Jn witness wttreof, &c. [as in No. 1]. No. 12.-Agreement for the Sale of Horse. ljlis Agreement, &c. [as in No. 1 to the * ]lXitnec5ctt, that the said JOHN DOE hereby agrees to sell to the said RICHARD ROE his dark-bay horse, with a white star in the forehead, and black mane and tail, and to warrant the said horse to be well broken, to be kind and gentle, both under the saddle and in single and double harness, to be sound in every respect and free from vice-for the sum of one hundred dollars, to be paid by the said RICHARD ROE on the tenth day of May next. 2* 18 AGREEMENTS. In consideration whereof, the said RICHARD ROE agrees to purchase the said horse, and to pay therefor to the said JOHN DOE the sum of one hundred dollars, on the tenth day of May next. Jn witness wbiereof, &c. [as in No. 1]. No. 13.-Agreement for Sale and Purchase of Fruit-Trees.;1)i% 2greXmelt, &c. [as in No. 1 to * ]WJitnetsetti, that the said JOHN DOE agrees to sell and deliver to the said RICHARD ROE, at his dwelling-house in Springfield aforesaid, five hundred apple-trees, two hundred and fifty peach-trees, two hundred plum-trees, one hundred pear-trees, and fifty nectarine-trees, all in good order for transplanting, in the month of May next, for the following prices, namely: for each hundred apple-trees, twenty dollars; for each hundred peach-trees, fifteen dollars; for each hundred plum-trees, thirty dollars; for each hundred pear-trees, twenty-five dollars; and for each fifty nectarine-trees, ten dollars.* And the said RICHARD ROE, in consideration thereof, agrees to purchase the trees aforesaid, in the quantity aforesaid, and at the prices aforesaid; and to pay to the said JOHN DOE the price therefor in cash upon the delivery of the said trees. Jn witnzss thereof, &c. [as in No. 1]. No. 14.-Agreement for Barter. Alis Igreement, &c. [as in No. 1 to * ] {Jitne^ectl), that the said JOHN DOE, in consideration of the agreement of the said RICHARD ROE, hereinafter contained, agrees to deliver to the said RICHARD ROE, on or before the first day of October next, one thousand bushels of potatoes, at the dwelling-house of the said RICHARD ROE. And the said RICHARD ROE, in consideration thereof, agrees to deliver to the said JOHN DOE, at his dwelling-house, on oi before the first day of October next, two hundred and fift, bushels of good, clean, merchantable wheat. Jn Mitntes wl)ereof, &c. [as in No. 1]. * The number of trees and the price may be varied to correspond with the agreement between the parties. AGREEMENTS 19 No. 15.-Agreement for the Sale of Animals.!)ij agrenment, &c. [as in No. 1 to * ]ttitntesett, that in consideration of the agreement of the said RICIARD ROE, hereinafter contained, the said JOHN DOL agrees to sell and deliver, on the first day of June next, to the said RICHARD ROE, et his store in Bennington, one yoke offour-year old oxen. And the said RICHARD ROE, in consideration thereof, agrees to pay to the said JOHN DOE sixty dollars immediately upon the delivery thereof. In wituer tmbereof, &c. [as in No. 1]. No. 16.-Apprentice's Indenture.* l4is Inbtntutt twitnzssetlj, that JAMES DOE, of the town of Cooperstown, in the county of Otsego, and state of New York, now aged eighteen years, by and with the consent of JOHN DOE his father, hath voluntarily, and of his own free will and accord, put and bound himself apprentice to RICHARD ROE, of the city of Rochester, in the county of Monroe, and state of New York, to learn the art, trade, and mystery of a hatter, and as an apprentice, to serve from this date, for and during and until the full end and term of three years next ensuing; during all which time, the said apprentice his master faithfully, honestly, and industriously shall serve, his secrets keep, all lawful commands everywhere readily obey, and at all times protect and preserve the goods and property of said master, and not suffer or allow any to be injured or wasted; he shall not buy, sell, or traffic with his own goods. or the goods of others, nor be absent from his said master's service day nor night, without leave, and in all things behave himself as a faithful apprentice ought to do, during the said term. And the said master shall use and employ the utmost of his endeavors to teach, or cause him, the said apprentice, to be taught or instructed, in the art, trade, and mystery of a hatter, and of making and finishing hats in all its branches.t * An indenture is an instrument, under seal, indented or notched at the top, " istar dentium," like the teeth of a saw. Most of the states have special regulations in regard to the rights and duties of the parties, which should be observed. + The conditions in regard to board and lodgings, and the rate of wages with the time of payment, should here be inserted, according to the terms of agree meat made between the parties. 20 AGREEMENTS. And for the true performance of all and singular the covenants and agreements aforesaid, the parties bind themselves each unto the other, firmly by these presents. tn witness wtlereof, the parties aforesaid have hereunto set their hands and seals, the tenth day of July, in the year one thousand eight hundred and fifty. Sealed and delivered in the presence of JAMES DOE (seal). JOHN SMITH, RICHARD ROE (seal). PETER JONES. I do hereby consent to, and approve of, the binding of my son, JAMES DOE, as in the above indenture mentioned. COOPERSTOWN, July 10, A. D. 1850. JOHN DOE. No. 17.-Servant's Indenture. Tbii Jlnbentnre titneuetl), that JOHN DOE, now aged seventeen years, of the city of Boston, in the county of Suffolk. and state of Massachusetts, by and with the consent of WILLIAM DOE, his father, hath voluntarily, and of his own free will and accord, put and bound himself servant to RICHARD ROE, of the same place, and as a domestic servant, to serve from the date hereof, for and until the full end and term of his minority; during all which time, the said servant his master faithfully, honestly, and industriously shall serve, all lawful commands everywhere readily obey, protect and preserve &ile goods and property of his said master, and not suffer or allow any to be injured or wasted; he shall not be absent from service without leave, and in all things and at all times behave as a faithful servant ought to do. And the said RICHARD ROE shall and will furnish and provide the said servant, during the continuance of the said term, with suitable and sufficient board, lodging, and washing; and in case of sickness, with medical attendance, care, and medicines. And for the true performance of all and singular the covenants and agreements aforesaid, the said parties bind themselves, each unto the other, firmly by these presents. In mitness trliereof, &c. [as in No. 16]. I do hereby consent to, and approve of, the binding of my son, JOHN DOE, as in the above indenture mentioned. BOSTON. November 1, 1850. WILLIAM DOE ARBITRATION. 1 ARBITRATION. ARBITRATION is an agreement by parties who have a controversy, to submit that controversy or difference to the decision of a third party. When the matters in difference are simply those of fact or opinion merely, it is often more expeditious and satisfactory to submit them to the decision of mutual friends than to the regularly-constituted authorities. The agreement to refer matters in difference to the decision of a third party, is called a submission. The decision of the arbitrators is called an award. The award should be specific and distinct, containing the decision of the arbitrators in as clear and concise language as possible. When the arbitration is under a rule of court, the award should be sealed up and delivered to the court without delay. The following oath should be taken by the persons chosen as arbitrators, before entering upon the examination of the matters in dispute:WE, the undersigned, arbitrators, appointed by and between JOHN DOE and RICHARD ROE, do swear fairly and faithfully to hear and examine the matters in controversy between the said JOHN DOE and RICHARD ROE, and to make a just award according to the best of our understanding JOHN JONES, HENRY SMITH, THOMAS SHARPE. Sworn to, this Jffteenth day of October, A. D. 185-, before meJOHN RICHTER, Justice of the Peace Oath to be administered to a witness by arbitrators:You do solemnly swear that the evidence you shall give to the arbitrators here present in a certain controversy submitted to them by and between JOHN DOE and RICHARD ROE, shall be the truth, the whole truth, and nothing but the truth; so help you God. 22 ARBITRATION. No. 18.-Form of Submission. Uinomt all Mnen bp these presents, that whereas a controversy is now existing between JOHN DOE, of the city orI Neit York, in the county of New York, and state of New York, and RICHARD ROE, of the same place, concerning the sale, warranty, and soundness, of a certain horse, which it is alleged was sold by the said JOHN DOE to RICHAR oROE aforesaid, upon a warranty that the said horse was sound in every respect, and which horse, it is alleged, is not and was not at the time of such sale sound in every respect: Now, therefore, we the said JOIN DOE and RICHARD ROE do hereby submit the said controversy to the decision and oitration of JOHN JONES, HENRY SMITII, and TIOMAS SHARPE, all of New York aforesaid, or to any two of them; and do covenant each with the other that we will in all thing faithfully keep, observe, and abide by, the decision and award that they or any two of them may make in writing in the premises under their hands, ready to be delivered on or before thefirst day of October next.'Anb it is furtlber agree between the parties hereto, that the party that shall fail to keep, abide by, and observe the decision and award that shall be made according to the foregoing submission, will pay to the- other the sum of two hundred dollars, as liquidated, fixed, and settled damages.'tittnes our hands and seals, this tenth day of October, one thousand eight hundred and fifty. Sealed and delivered in the presenclof JOHN DOE (seal). JOHN SMITH, f RICHARD ROE (seal). JOHN STONE. No. 19.-Arbitration Bond. fintom all tlen bt teose lresenta, that I, JOHN DOE of the city of New York, in the county of New York, and state of New York, am held and firmly bound unto RICHARD ROE, of the same place, in the sum of five hundred dollars, lawful money of the United States of America, to be paid to the said RICHARD ROE, his executors, administrators, or assigns; for which payment, well and truly to be made, I bind myself, my heirs, executors, and administrators, each and every of them ARBITRATION. 23 firmly by these presents. Sealed with my seal. Dated the twelfth day of October, one thousand, eight hundred, and fifty. G0le ronbition of the above obligation is such, that if the above-bounden JOHN DOE shall well and truly submit to the decision of JOHN JONES, HENRY SMITH, and THOMAS SHARPE, or the majority of them named, selected and chosen arbitrators, as well by and on the part and behalf of the said JOHN DOE as of the said RICHARD ROE, between whom a controversy exists, to hear all the proofs and allegations of the par. ties of and concerning the sale, warranty, and soundness, of a certain horse, which it is alleged is unsound, and that it was sold by the said JOHN DOE to the said RICHARD ROE with warranty that it was in every respect sound-an I all matters relating thereto; and that the award of the said arbitrators be made in writing, subscribed by them or the majority of them, and attested by a subscribing witness, ready to be delivered to the said parties on or before the first day of November next. But before proceeding to take any testimony therein, the arbitrators shall be sworn " faithfully and fairly to hear and examine the matters in controversy between the parties to these presents, and to make a just.award according to the best of their understanding." And the said parties to these presents do hereby agree, that judgment in the supreme court of the said state shall be rendered upon the award which may be made pursuant to this submission, to the end that all matters in controversy in that behalf, between them, shall be finally concluded-then the above obligation to be void, otherwise to remain in full force and virtue. Signed, sealed, and deliv- ered, in presence of JOHN DOE (seal). PETER PENNY, RICHARD ROE (seal). HIRAM JONES. Another bond should be executed by Richard Roe to John Doe, similar to this in every respect, except reversing the names. 34 ARBITRATION. No. 20.-Award of Arbitrators. To all to atbom t)tese rcsents iball tome or mag concern, GREETING: We, JOHN JONES, HENRY SMITH, and THOMAS SIIARP to whom was submitted as arbitrators the matters in controversy existing between JOHN DOE and RICHARD ROE, both of the city of New York, in the county of New York, and state of New York, as by the condition of their respective bonds of submission, executed by the said parties respectively, each unto the other, and bearing date the twelfth day of October, one thousand eight hundred and fifty, more fully appears. Now, therefore, know ye, that we the arbitrators mentioned in the said bonds, having been first duly sworn according to law, and having heard the proofs and allegations of the parties, and examined the matters in controversy by them submitted, do make this award in writing: that is to say, the said JOHN DOE did sell to the' said RICHARD ROE a certain horse on the fifteenth day of September last, warranting him to be sound in every respect,for the price of one hundred and fifty dollars; the said horse is and was at the time of such sale unsound, and worth only the sum of forty dollars; and the said JOHN DOE should pay to the said RICHARD ROE one hundred and ten dollars for the difference in price, and thirty dollars for the expenses of keeping him, besides the costs of this arbitration. ln witineso twlereof, we have hereunto subscribed these presents, thisfirst day cf November, one thousand eight hundired and fifty. In the presence of ) JOHN JONES, PETER PENNY, HENRY SMITH, HIRAM JONES. THOMAS SHARPE. ASSIGNMENTS. 5 ASSIGNMENTS. AN assignment is a transfer of one man's interest m prop. ety to another, enabling the person to whom it is assigned to have the same control over the thing assigned as though he were the original owner. An assignment made with the intent to hinder, delay, or defraud creditors or other persons, is void. An assignment may be made for the benefit of the one to whom it is made; or partly for his benefit and partly in trust for the benefit of others; or wholly in trust for the benefit of others. If there be reserved in an assignment any profit, benefit, or advantage, to the one making the assignment, this will be conelusive evidence of fraud; and the assignment would be at once set aside on the application of creditors prejudiced by it. But the assignee may employ the assignor in settling up the claims and such like business necessary to be done. An assignment, like any other conveyance, of an interest in lands, should be immediately acknowledged and property recorded. An assignment to a near relation is always looked upor. with great suspicion by the courts; and, unless made with entire good faith, and for a valuable consideration, will be set aside on the application of creditors upon whom it operates as a fraud. No. 21.-General Form of Assignment. tinom all Mten bi theIe ~JreSent5, th1t I, JOHN DOE, within named, in consideration of fifty dollars, to me in hand paid* by RICHARD ROE. ofthe ciq of'Bosion, in the county of Suffolk, and state of Musstc/tat.eUts, the receipt whereof is It will hardly be necessary to caution a prudent person against parting with the possession of an instrument acknowledging the receipt of the consideration antil it has actually been paid. 26 ASSIGNMENTS. hereby acknowledged, have sold and assigned, and by these presents do sell and assign, to the said RICHARD ROE, the within instrument in writing, and all my right, title, and interest in and to the same, authorizing him, in my name or otherwise, but at his own expense, to enforce the same according to the tenor thereof. Jn witness whereof, I have hereunto set my hand and seal, this first day of July, one thousand eight hundred and'fty. JOHN DOE (seal). Sealed and delivered in presence of JOHN SMITH, JOHN STONE. ) The foregoing form to be endorsed on the instrument assigned. No. 22.-Assignment of Bond. inow all Men b ttlese presents, that I, JOHN DOE, of the city of Rochester, in the county of Monroe, and state of New York, of the first part, for and in consideration of the sum of one thousand dollars, lawful money of the United States of America, to me in hand paid by RICHARD ROE, of the city of Brooklyn, in the county of Kings, and state of New York, of the second part, at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, have bargained, sold, and assigned, and by these presents do bargain, sell, and assign, unto the said party of the second part, his executors, administrators, and assigns, a certain written bond or obligation and conditions thereof, bearing date the first day of January, one thousand eight hundred and fifty, executed by JOHN SMITH, of the city of New York, in the county of New York, and state of New York, to me, conditioned for the payment of twelve hundred dollars, on the first day of May next, with interest, and all sum and sums of money due, or to grow due thereon. And the said party of the first part doth covenant with the said party of the sec. ond part, that there is now due on the said bond or obligation, according to the conditions thereof, for principal and interest, the sum of twelve hundred andforty-two dollars, and doth hereby authorize the said party of the second part, in his name to ask, demand, sue for, recover, receive, and enjoy ASSIGNMENTS. 27 the money due, and that may grow due thereon, as aforesaid. Jit witntte tJlereof, I have hereunto set my hand and seal, this fifth day of July, one thousand eight hundred and fifty. JOHN DOE (seal). Sealed and delivered in the presence of ) PETER PEPPER, JOHN STONE. ) No. 23.-Assignment of Mortgage. inoto all Mmn bp tlQe Ipresents, that I, JOHN DOE, of the town of TWhite Plains, in the county of WVestchester, and state of New York, of the first part, in consideration of the sum of two thousand dollars, lawful money of the United States, to me in hand paid by RICHARD ROE, of the same place, of the second part, at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, have granted, bargained, sold, assigned, transferred, and set over, and by these presents do grant, bargain, sell, assign, transfer, and set over, unto the said party of the second part, a certain indenture of mortgage, bearing date the tenth day of April, in the year one thousand eight hundred and fifty, made by HIRAM SMITH, of the town of White Plains, in the county of Westchester, and state of New York, to secure the sum of two thousand dollars, together with the bond or obligation therein described, and the money due and to grow due thereon, with the interest. to 1tavt autl to IlolB the same unto the said party of the second part, his executors, administrators, and assigns, for his sole use, benefit, and behoof, for ever, subject only to the proviso in the said indenture of mortgage mentioned: and 1 do hereby make, constitute, and appoint, the said party of the second part my true and lawful attorney, irrevocable, in my name or otherwise, but at his proper costs and charges, to have, use, and take, all lawful ways and means for the recovery of the said money and interest; and in case of payment, to discharge the same as fully as I might or could do if these presents were not made. And I covenant, for myself, my heirs, executors, and ad. ministrators, that I am the true and lawful owner of the said 28 ASSIGNMENTS. bond and mortgage, and that I have just right, full power and authority to sell, assign, and dispose of the same; and that there is now owing thereon the said principal sum of two thousand dollars, together with the interest thereon, from the first day of August last past. In witness th)reof, &c. [as in No. 22]. No. 24.-Assignment of Mortgage to be endorsed thereon.* I, JOHN DOE, in consideration offive hundred dollars, to me in hand paid by RICHARD ROE, of the city of Hartford, in the county of Hartford, and state of Connecticut, the receipt whereof is hereby acknowledged, do hereby assign, transfer, convey, and set over, unto the said RICHARD ROE, the within indenture of mortgage and the bond accompanying the same, and all my right, title, and interest, in and to the same, and do authorize the said RICHARD ROE, in my name or otherwise, but at his own costs and charges, to collect and obtain payment of the same. And I covenant that there is now owing for principal upon the said bond and mortgage the sum of five hundred dollars, and interest from the first day of July, one thousand eight hundred and fifty; and that I am the owner thereof, and have good right to sell the same.t an witnes ttlhreof, &c. [as in No. 22]. No. 25.-Assignment to be endorsed on Mortgage when intended as Collateral Security. I, JOHN DOE, in consideration, &c. [as in No. 24 to t ]. But this assignment is upon this express condition, that if the said JOHN DOE, his heirs, executors, administrators, or assigns, shall well and truly pay or cause to be paid unto the said RICHARD ROE the sum of five hundred dollars, on or before the first day of July, one thousand eight hundred and fiftyeight, with interest thereon from the date hereof-then this assignment to be void: But if the said RICHARD ROE, his executors, administrators, The regulations of the respective states, in regard to acknowledging and recording interests in landed property, will be found described on pages 150 so 341. ASSIGNMENTS. 29 or assigns, shall collect the money secure.d by the bond and!nortgage hereby assigned; then, after taking therefrom the said sum of Jive hundred dollars, with interest thereon from the date hereof, and the amount of the costs and charges properly incurred in and about the collecting thereof, he or they shall pay over the surplus (if any) to the said JOHN DOE, his executors, administrators, or assigns. Jn twitness miereof, we have hereunto set our hands and seals, this first day of October, one thousand eight hundred and fifty. Signed, sealed, and delivered, in presence of JOHN DOE (seal). JOHN SMITH, RICHARD ROE (seal). JAMES SHORT. No. 26.-Assignment of a Debt. finom all.fMen bQ thllee xresents, that I, JOHN )DE, of the city of New Orleans, in the parish of Orleans, and state of Louisiana, in consideration of one thousand dollars to me in hand paid by RICHARD ROE, of the same place, the receipt whereof I hereby acknowledge, have sold, transferred, and assigned, unto the said RICHARD ROE, a certain debt due and owing to me from JOHN SMITH, of the city of Cincinnati, in the county of Hamilton, and state of Ohio, for [here state the consideration or cause of indebtedness], amounting to twelve hundred dollars: And I do hereby authorize the said RICHARD ROE, in my name or otherwise, but at his own costs, to sue for, collect, and receive, sell and transfer, settle and discharge, the said debt. And I do covenant that the said sum of twelve hundred dollars is justly owing and due to me from the said JOHN SMITH, and that I have neither done nor will do anything to lessen or discharge the said debt, or hinder the said RICHARD ROE or his assigns from collecting the same. Jn mitnee wmiereof, &c. [as in No. 22]. 3* 30 ASSIGNMENTS. No. 27.-Assignment of Judgment. Tlis Jlnbenture, made thefirst day of October, one thou. sand, eight bundred and fifty, between JOHN DOE, of the town of Winchester, in the county of Cheshire, and state of New Hampshire, of the first part, and RICHARD ROE, of the same place, of the other part: WHEREAS, the said party of the first part, on thefirst day of June, one thousand eight hundred and ifty, recovered by judgment in the superior coub t of the state of New Hampshire, against JOHN SHORT, the sum of ten thousand dollars: Nor this Junbenture mitnewCetl, that the said party of the first part, in consideration of ten thousand dollars, to him duly paid, hath sold, and by these presents doth assign, transfer, and set over, unto the said party of the second part, and his assigns, the said judgment, and all sum and sums of money that may be had or obtained by means thereof, or on any proceedings to be had thereupon. And the said party of the first part doth hereby constitute and appoint the said party of the second part, and his assigns, his true and lawful attorney irrevocable, with power of substitution and revocation, for the use and at the proper costs and charges of the. said party of the second part, to ask, demand, and receive, and to sue out executions, and take all lawful ways for the recovery of the money due or to become due on the said judgment; and on payment, to acknowledge satisfaction, or discharge the same: and attorneys one or more under him for the purpose aforesaid, to make and substitute, and at pleasure to revoke; hereby ratifying and confirming all that his said attorney or substitute shall lawfully do in the premises. And the said party of the first part doth covenant that there is now due on the said judgment the sum of ten thousand dollars, and that he will not collect or receive the same, or any part thereof, nor release or discharge the said judgment, but will own and allow all lawful proceedings therein, the said party of the second part saving the said party of the first part harmless of and from any costs in the premises. In wmitness tubereof, the party of the first part hath hereunto set his hand and seal the day and year first above written. JOHN DOE (seal). Sealed and delivered in the presence of i JOHN SMITH, PETER JONES. ) ASSIGNMENTS. 31 No. 28.-Assignment of Lease. Sinom all aen bp tl)ese 1resents, that 1, JOHN DOE, of the city of Boston, in the county of Suffolk, and state of Massachusetts, for and in consideration of the sum of one hundred dollars, lawful money of the United States, to me duly paid by RICHARD ROE, of the same place, have sold, and by these presents do grant, convey, assign, transfer, and set over, unto the said RICHARD ROE, a certain indenture of lease, bearing date the first day of April, in the year one thousand eight hundred andfifty, made by JAMES SMART, of the city of Boston aforesaid, to me for the term of twenty years, reserving unto the said JAMES SMART the yearly rent of two hundred dollars, payable quarterly, with all and singular the premises therein mentioned and described, and the buildings thereon, together with the appurtenances. To talt) antb to b)olb the same unto the said RICHARD ROE, his executors, administrators, and assigns, from the first day of May next ensuing, for and during all the rest, residue, and remainder, yet to come of and in the term of twenty years mentioned in the said indenture of lease: subject, nevertheless, to the rents, covenants, conditions, and provisions, therein also mentioned. [And I do hereby covenant, grant, promise, and agree, to and with the said RICHARD ROE, that the said assigned premises now are free and clear of and from all former and other gifts, grants, bargains, sales, leases, judgments, executions, back rents, taxes, assessments, and encumbrances, whatsoever.] In mitlness thereof, &c. [as in No. 22]. Instead of the clause within brackets, the following may be used:And I do hereby covenant and agree, to and with the said RICIIARD RoE, that the said assigned premises are free and clear of and from all other gifts, grants, bargains, sales, leases pnd encumbrances, by me suffered, made, or created. 32 -ASSIGNMENTS. No. 29.-Assignment of Policy of Insurance.* Ninon all Mtfln b tes e Dresents, that I, JOHN Doe, ef the city of St. Louis, in the county of St. Louis, and state of Missouri, for and in consideration of the sum of five hundred dollars, lawful money of the United States, to me in hand paid by RICHARD ROE, of the same place, the receipt whereof is hereby acknowledged, do hereby sell, assign, transfer, convey, and set over, unto the said RICHARD ROE all my right, title, interest, claim, and demand, in and to the within named policy of insurance, and all sum and sums of money, interest, benefit, and advantage whatever, now due or which may hereafter arise, or to be had or made, by virtue thereof, t' have and to hold the same unto the said RICHARD RoE, his heirs and assigns, for ever. tn mitness Wtereof, &c. [as in No. 22]. No. 30.-Assignment for the Benefit of all Creditors equally. ~inore all Metn bp tlbese presents, that I, JOHN DOE, of the town of Milford, in the county of New Haven, and state of Connecticut, for value -received, have sold, and by these presents do grant, sell, assign, and convey, unto RICH ARD ROE, of the same place, all the accounts, debts, dues, notes, bills, bonds, and demands, enumerated and specified in the schedule hereunto annexed, and marked " Schedule A;" to have and to hold the same, unto the said RICHARD ROE and his assigns: In trust to collect, sue for, demand, receive, and recover, all such sums of money as may be due, owing, and payable thereon; and after paying all reasonable and proper costs, charges, and expenses, to pay to each and all of my creditors the full sum that may be due and owing to them from me, of whom the said RICHARD ROE is one, and a full and complete list of whom, with the true amount due to each, is contained in the schedule hereto annexed, marked " Schedule B;" and if the proceeds of the said notes, accounts, bonds, * Thlis assignment must be endorsed on the insurance policy, and approval of the insurers attested by the signature of one of the principal officers of the insu. rance company. t The schedules should state the assignment to which they belong, and be dated and signed by the parties, for the purpose of identification. ASSIGNMENTS. 33 and so forth, be not sufficient fully and entirely to pay off and satisfy each and all of my creditors, then to pay them pro rata in proportion to the amount due and owing to each. And if the proceeds as aforesaid shall be more than sufficient to pay and satisfy every one of my creditors, then to pay and return to me the balance that may be left, if any, after paying all my creditors as aforesaid. And I do hereby nominate, constitute, and appoint, the said RICHARD ROE my true and lawful attorney, irrevocable, in my name or otherwise, for the purpose aforesaid, to ask, demand, sue for, collect, receive, and recover, all and singular such sum or sums of money as now are or hereafter may become due, upon, for, or on account of any of the property, effects, things in action, or demands above assigned; giving and granting unto my said attorney full power and authority to do and perform every act, deed, and thing, requisite and necessary in the premises; as fully, to all intents and purposes, as I might or could do, if this assignment had not been made; with full power of substitution and revocation, hereby ratifying and confirming all that my said attorney or his substitute may lawfully do or cause to be done, in the premises, by virtue hereof. Itn mitness wtureof, &c. [as in No. 22]. No. 31.-Assignment by a Firm for the Benefit of Preferred Creditors. )is 3Jnbenture, made this first day of July, in the year one thousand eight hundred and fifty, between JOHN Don and RICHARD DOE, of the city of Philadelphia, in the county of Philadelphia, and state of Pennsylvania, copartners, known as, and doing business under the name, style, or firm, of JOHN DOE and BROTHER, of the first part, and JAMES SMITH, of the city of Philadelphia aforesaid, of the second part: WVHEREAS, the said firm or copartnership are justly indebted in sundry dues and considerable sums of money, and have become unable punctually to pay and discharge the same, and are desirous of making a fair, just, and equitable distribution of all their property and effects among their creditorsNoa, tlerefore, tl)is Znbenture witnesetl, that the said parties of the first part, in consideration of the premises and 34 ASSIGNMENTS. of the sum of one dollar to them in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, have granted, bargained, covenanted, released, sold, assigned, transferred, and set over, and by these presents do grant, bargain, covenant, release, assign, transfer, and set over, unto the said JAMES SMITH, of the second part, and to his heirs and assigns for ever, all and singular the lands, tenements, hereditaments, and appurtenances, situate, lying, and being within the state of Pennsylvania; and all goods, wares, merchandise, chattels, notes, bills, boinds, judgments, evidences of debt, securities and vouchers for and affecting the payment of money, claims, demands, things in action, and property of every name and nature whatsoever, of and belonging to the said parties of the first part (and which are more particularly and fully enumerated and described in the schedule hereto annexed, marked "Schedule A"). go ) ave anb to tioll the same and every part and parcel thereof with the appurtenances thereunto belonging, to the said party of the second part, his heirs, executors, administrators, and assigns: In trust, nevertheless, for and upon the following uses and purposes, namely: the said party of the second part to take possession of all and singular the lands, tenements, and hereditaments, property and effects, hereby assigned, and sell and dispose of the same upon such terms and conditions as in his judgment may appear best and most for the interest of all the parties concerned, and convert the same into cash; and to collect all and singular the said notes, bills, bonds, judgments, evidences of debt, securities, claims, demands, things in action, and property, or so much thereof as may prove collectible, and thereupon execute, acknowledge, and deliver, all conveyances, receipts, and instruments, necessary and proper in the premises, for the purposes aforesaid. And by and with the avails and proceeds of such sales and collections to pay or cause to be paidFirst, all the just and reasonable expenses, costs, commissions, and charges, of executing and carrying out the objects of this assignment,; and all rents, assessments, and taxes, due or to become due on the lots, lands, tenements, and hbreditanents aforesaid, until the same shall be sold and disposed of according to this assignment. Secondly, to pay and discharge in full the several and respective debts, notes, bonds, obligations, and sums of money due or to grow due from the said parties of the first part, or ASSIGNMENTS. 36 for which they are jointly liable to the said party of the second part, and the several other persons and firms specified in the schedule hereto annexed, marked " Schedule B;" together with all interest-moneys now due or to grow due thereon; and if the said proceeds and avails shall not be sufficient to pay and discharge the same in full, then such proceeds and avails shall be distributed pro rata among the said several persons and firms named in Schedule B aforesaid, in proportion to the amount of their respective claims. Thirdly, to pay and discharge all the other copartnership debts, demands, and liabilities whatsoever, now existing, whether now due, or hereafter to become due, provided that there be sufficient funds for that purpose; and should they prove insufficient, then the same shall be applied pro rata to the payment of such debts, demands, and liabilities, in proportion to their respective amounts. Fourthly, to pay and discharge all the private and individ ual debts of the parties of the first part, or either of them, whether now due or to -grow due, provided there be sufficient funds for that purpose; and should they prove insufficient, then the same to be applied pro rata to the payment of the said debts in proportion to their respective amounts. Lastly, to return the full surplus of the said proceeds and avails, if any there shall be, to the said parties of the first part, their executors, administrators, and assigns. And for the better execution of these presents, and of the several trusts hereby reposed, the said parties of the first part do hereby nominate, constitute, and appoint, the said party of the second part, their and each of their true and lawful attorney, irrevocable, with full power and authority to do, transact, and perform all acts, deeds, matters, and things, which are or may be necessary in the premises, as fully and completely as they, the said parties of the first part, or either of them, might or could do, were these presents not executed; with full power of substitution and revocation, hereby ratifying and confirming all and every thing whatsoever that our said attorney or his substitute shall lawfully do or cause to be done in the premises. In witiness mleberof, &c., Sealed and delivered in the presence of JOHN DOE (seal). JOHN SMITH, RICHARD DOE (seal). PETER JONES. ou Si;..\'.1 N ~N'N'S. No. 32.-Assignment, of the Partnership Property by one Partner to the other, to wind up the Concern. krlis lntbelntnre, made this tenth day of Octooer, u, e thousand eight hundred and ifty, between JOHN DOE, of the town of Conr,,rd, in the county of Merrimack, and state of NVWi.Tamvpshire, and RICHARD ROE, of the same place. WI}TEREAS, a copartnership has heretofore existed between the said JOHN DOE and RICHARD ROE, under the style and name of DOE and ROE, which said copartnership has been this day dissolved by mutual consent: Now, ttLrefore, tthin Inbentnre witnesett, that the said JOHN DOE has sold, assigned, transferred, and set over, and by these presents does sell, transfer, assign, and set over, unto the said RICHARD ROE, his half part of all the goods, wares, merchandise, property, and effects, and stock in trade, belonging to the said copartnership, and also all the accounts, notes, bills, bonds, things in action, claims and demands due and owing to the said firm. To have and to hold the same unto himself and his assigns, in trust to sell the said property and effects in such manner as he may think proper, but not on a longer credit than ninety days; and to collect, demand, sue for, and receive, all sums of money due or to become due upon the said bills, notes, bonds, accounts, claims, and demands; and with the moneys thus collected, realized, and obtained, to pay off and discharge all the debts and obligations of the said firm, if the same shall be sufficient therefor; and of the balance, if any there shall be, after satisfying all the claims and demands against the firm, to pay over the one half part to the said JOHN DOE or his legal representatives. And the said JOHN DOE doth hereby make, constitute, and appoint the said RICHARD ROE, his true and lawful attorney, irrevocable, in the name of the late firm or otherwise, to sell the said property and effects of the late firm, and all the inter est of the said JOHN DOE in and to the same; and also ask, demand, sue for, collect, and receive, any and all debts, claims, and demands, due or to become due and owing to the said late firm, to compound the same and prosecute suits for the recovery thereof in his discretion; to defend any and all suits that may be brought against the said firm; and to make, execute, deliver, and acknowledge, all necessary deeds, convey ASSIGNMENTS. 37 ances, releases, receipts, and discharges, in the premises, and generally to do any and every act and thing requisite and necessary to secure a full, entire, complete, and speedy settlement of all the business and affairs of the late firm of DOE and ROE, hereby ratifying and confirming any and every thing which the said RICHARD ROE may lawfully do in the prem ises. And the said RICHARD ROE, for himself, his heirs, execu tors, and administrators, covenants with the said JOHN DOE, his heirs, executors, and administrators, that he will sell the aforesaid property to the best of his ability, and for the best price he can obtain therefor; and will use all diligence to collect all the debts, claims, and demands, due the said late firm, and that he will faithfully apply the proceeds of such sales and claims in accordance with the above-recited trust. And the said JOHN DOE, for himself, his heirs, executors, and administrators, covenants with the said RICHARD ROE, that if, after the entire proceeds of said property and effects, claims and demands, of the said late firm, have been faithfully applied to the payment of the debts, liabilities, and obligations, of the said late firm, there shall remain any debt or liability unsatisfied, that then he, the said JOHN DOE, his heirs, executors, or administrators, will pay and satisfy the moiety or one half part of any and every such. debt or liability; and the said RICHARD ROE, his heirs, executors, or administrators, from the one half part thereof save harmless and keep indemnified. Jn vitnltC wmIjerwof, &c. [as in No. 25]. No. 33.-Assignment of a Patent-Right. tJllerea I, JOHN DOE, of the town of Greenfield, in the county of Franklin, and state of Massachusetts, did obtain letters-patent of the United States for certain improvements in clocks, which letters-patent bear date thefirst day of April, one thousand eight hundred andfifty; and whereas, RICHARD ROE, of the town of Portsmouth, in the county of Rockingham,, and state of NVw Hampshire, is desirous of purchasing from me all the right, title, and interest, which I have in and to the said invention, in consequence of the grant of letterspatent therefor; Now ttlis Jnbentare witnezsetl, that "or Lnd in consideration of the sum of one thousand dollars, lawfll money of 4 38 ASSIGNMENTS. the United States, to me in hand paid, the receipt whereof is hereby acknowledged, I have assigned, sold, and set over, and do hereby assign, sell, and set over, unto the said RICIHARD ROE, all the right, title, and interest, which I have in the said invention, as secured to me in the said letters-patent [for, to, and in the several states of Ohio and Michigan, and in no other place or places]: The same to be held and enjoyed by the said RICHARD ROE, for his own use and behoof, and for the use and behoof of his legal representatives, to the full end of the term for which the said letters-patent are or may be granted, as fully and entirely as the same would have been held and enjoyed by me had this assignment and sale not been made. ln testimony tmlereof, I have hereunto set my hand and affixed my seal, this first day of October, one thousand eight hundred and fifty. JOHN DOE (seal). Sealed and delivered in presence of ) JOHN SMITH, JOHN STONE. - This form can be used for the assignment of a partial right in a patent, by omitting the words (in the first paragraph) " purchasing from me all the right, title, and interest, which I have in and to the said invention, in consequence of the grant of letters-patent therefor," and inserting the words " acquiring an interest therein," and by adding the words in brackets.* * This assignment must be recorded in the patent-office within three months from the date of the same. For fees, see " PATENTS." AFFIDAVIT. 39 AFFIDAVIT. AN affidavit is a written statement, subscribed by the party making it, and sworn to or affirmed before the proper officer. A deposition is the testimony of a witness under oath, reduced to writing. No. 34.-Form of Affidavit State of Illinois, }to wi County of Kane, wit: JOHN DOE, of the town of Geneva, in the county aforesaid, being duly sworn, says [here state thefacts], and furthesays not. JOHN DOE. Sworn to this tenth day of October, A. D. 1850, ) before me, JOHN JONES, Commissioner of Deeds. If the matters embraced in the affidavit are not within the deponent's own knowledge, but have been communicated to him by others in whose assertion he places confidence, the affidavit should be in this form:State of Illinois, County of Kane, to wit: JOHN DOE, of the town of Geneva, in the county aforesatd, being duly sworn, says that he has been informed, and believes it to be true, that [here insert what he has been informed of]; and further says not. JOHN DOE. Sworn to this tenth day of October, A. D. 1850, ) before me, JOHN JONES, Commissioner of Deeds. 40 BILLS OF EXCHANGE. BILLS OF EXCHANGE. A bill of exchange is a written request from one person to another, desiring him to pay a sum of money to a third person, absolutely and at all events. They are seldom used except in drawing upon a person who is abroad in a foreign country. The person who draws the bill is called the drawer; the person on whom it is drawn is called the drawee. After the drawee has accepted the bill, he is called the acceptor. A bill or note drawn payable to order must have the name of the person to whose order it is made payable written on it before it can be negotiated to a third person; and he whose name is thus written on it is liable to pay the bill or note, if not paid, and he have due notice of the same. In accepting a bill of exchange or draft, write the word "accepted," together with the date when accepted, and the name of the party or firm accepting, across the face or on the back of the bill or draft. Acceptance acknowledges the genuineness of the signature of the drawer; and the acceptor would be liable to a holder in good faith, although the signature of the drawer were a forgery. When a bill is drawn payable so many days after sight, it should be presented for acceptance on the next day after it is received. If you keep the bill without presenting it for acceptance, to the injury of the drawer, you must bear the loss yourself. The drawee of a bill has twenty-four hours' time within which to make up his mind whether he will accept the bill; but if he refuses to return it after the expiration of that time, he is to be considered as having accepted it. If the drawee refuses to accept a bill presented for acceptance, or to pay a bill presented for payment, it should be imr BILLS OF EXCHANGE. 41 mediately protested, and notice sent to all the endorsers on the bill; otherwise the endorsers will not be liable. Three days of grace, as they are called, are allowed on bills of exchange that are not drawn payable at sight; that is, they are not due until the third day after the time mentioned in the bill. If the third day happens to fall on Sunday, they are then due the day before, that is, on Saturday. A bill drawn at sight is payable on presentation: at least it is advisable to protest it first for non-payment, and then demand acceptance; and if acceptance is refused, protest it also for non-acceptance. A person becoming surety for a note or bill of exchange, should be notified of its non-payment in the same manner as an endorser. A check ought to be presented for payment within twenty-four hours of the time of receiving it. If the drawer of a check payable on demand have no funds in the bank at the time it is drawn, it is a fraud. The holder of a check is not obliged to accept part payment thereof, although tendered by the bank: he has a right to have the whole, and may decline any less sum. If the drawee of a bill or maker of a note be out of the state or at sea, the same must be presented at his usual place of business, or at his place of residence, unless some other place is specified therein. Any material alteration of a bill of exchange, drafts, &c. - such as an alteration in the date, in the amount, or the time of payment-discharges all the parties thereto who do not assent to the making of the alteration. See "PROMISSORY NOTES," &C. 4* No. 35.-Set of Foreign Bills of Exchange. t ^G 19. G00. 9 -1oC ^^ ff 0. et 2aUl c l$e I/orc a6iez/ d l cm i / a 2 ~ a J c2 (Ozcez 16 oivon -goel 6&e ocZaynm 4cnao sIez de > )valme/ zeceuealfr4 cw e/ /e// wge/ dam{ lec 1e/ I adlvtc Gwo Je^' r ne0, 1cc2cd Gc4ow / D cp 9A lo T____________ ________ /A No. 35.-Set of Foreign Bills of Exchange. Co. ma. (9.. _6.. Q/ l 2d a MY a*^z/ d/l Ot a econb / 5 (B^X^can. ^ dk a/^^ k^ 8f6G P 2^, y o 2e/ A iazlme/l zecie4v'ae a aV/ iae'/ / daMnze/ je / M6ee I 1 1 M(/wce/, acccmm 0oV S2 o2e% dlea, r^^ So g ~ ge ed eoa \ C e / ^ooz —------------ ~ - ~~.~~~~~... M No. 35.-Set of Foreign Bills of Exchange. d o. ^ao. Gw j^ Oca^^g ^^ A350.,^e^^ HuF ^^^a o; M^^ Clbo Zee oo 5 * X4JU^ge nt(/ a Ze4O a ^f C Iz/y go Io valze zeezl g fe a^ Av/ aee/ eamne/ oXH j/^^^ Z f1fi v^fce/, g ^acco59 g do^ oleal de/ i, clcA/g~~~~~~~e<~~ 66270~~~~~ Xg1C ~/eoe. zaezas BILLS OF EXCHANGE. 4fi No. 36.-Ordinary Bill of Exchange or, Draft at a certain Time after Sight $250:: New Orleans, Sept. 12, 1850. Ten Days after sight,* pay to the order of John Jones, Two Hundred and Fifty Dollars, Value received, and charge the same to account oT To Richard Rop. Yours, &c., Detroit, John Doe, l Michigan. ) New Orleans, La. No. 37.-Bill or Draft at a certain Time after Date. I $11-0.- Chicago, July 10th, 1850. Twenty Days after date, pay to the order of I James Smith, One Hundred and Ten 2oh5th Dollars, Value received, and charge the same to account of To Richard Roe, Yours, &c., Buffalo, John Doe, New York. Chicago, Ill. No. 38.-Check or Draft on a Bank I Iefn. 50. Newm Lork, Q iy/4, /50O l C aetierr of te PRINTERS' BANIK, c/4c VI,,, tor IF. evci gomy God * For a bill payable at sight, instead of the words, " ten days after sight," insert " at sight." A check made payable to order must be endorsed before used 46 BILLS OF SALE. BILLS OF SALE AND CHATTEL MORTGAGES. A bill of sale is a writtel iiitrument, transferring the ownership of persona] property therein mentioned from one per son to another. The things included in the bill of sale should be delivered into the entire and continued possession of the purchaser; else the sale will be presumed to be fraudulent as to the creditors of the vendor. A chattel mortgage is a written instrument, transferring the ownership of personal property therein mentioned conditionally. The usual condition is, that it is to become the property of the one to whom it is mortgaged, if the mortgager fail to make payment of money in the manner specified in the mortgage. As to the validity and registering of these mortgages, see the respective states. No. 39.-General Form of Bill of Sale. ~inom all Maen bp tfese ]resents, that I, JOHN DOE, of the city of Detroit, in the county of Wayne, and state of Michigan, of the first part, for and in consideration of the sum offive hundred dollars, lawful money of the United States, to me in hand paid, at or before the ensealing and delivery of these presents, by RICHARD ROE, of the same place, of the second part, the receipt whereof is hereby acknowledged, have bargained and sold, and by these presents do grant and convey, unto the said party of the second part, his executors, administrators, and assigns, one dark-bay colt, sixteen hands high, one single harness, one light single wagon, one cow, two pigs, and three geese. Co )ati)l ant to biolb the same unto the said party of the second part, his executors, administrators, and assigns, for ever. And I do for myself, my heirs, executors, and administrators, covenant and agree, to and with the said party of the second part, to warrant and defend the sale of the said goods and chattels hereby sold unto the said party of the second BILLS OF SALE. 47 part, his executors, administrators, and assigns, against all and every person and persons whomsoever. Jtn Witnlit tWcreof, I have hereunto set my hand and seal, this first day of July, one thousand eight hundred and fifty. JOHN DOE (seal). Sealed and delivered in the presence of JOHN SMITH, PETER JONES. No. 40.-Bill of Sale of Horse, with Warranty. finow all Men bp these vreents, that I, JOHN DOE, of the town of Racine, in the county of Racine, and state of Wisconsin, of the first part, for and in consideration of the sum of one hundred and fifty dollars, lawful money of the United States, to me in hand paid at or before the ensealing and delivery of these presents, by RICHARD ROE, of the same place, of the second part, the receipt whereof is hereby acknowledged, have bargained and sold, and by these presents do grant and convey unto the said RICHARD ROE, his execuLors, administrators, and assigns, one dark-bay horse, with a white star in the forehead, and a black mane and tail. Io lavte anb to )lolb the same unto the said RICHARD ROE, his executors, administrators, and assigns, for ever. And I do hereby warrant the said horse to be sound in every respect, to be free from vice, to be well broken, and kind and gentle in single and in double harness, and under the saddle; and I covenant for myself, my heirs, executors, and administrators, with the said RICHARD ROE, to warrant and defend the sale of the said horse unto the said:GICARD ROE, his executors, administrators, and assigns, against all and every person and persons, lawfully claiming or to claim the same, whomsoever. Jn oitness wrereof, I have hereunto set my hand and seal, this fifth day of July, one thousand eight hundred and fifty JOHN DOE (seal) Sealed and delivered in the presence of ) PETER PEPPER, JOHN STONE. 4 48 BILLS OF SALE. No. 41.-Bill ot Sale of Registered or Enrolled Vessel tinom all M1len b tlese resente, that I, JOHN DOE, of the city of San Francisco, in the state of California, owner of the ship or vessel called the America, of the burden of one thousand tons or thereabouts, now lying at the port of Sacramento, in the state aforesaid, for and in consideration of the sum offifty thousand dollars, lawful money of the United States, to me in hand paid by RICHARD ROE, of the place first aforesaid, at or before the ensealing and delivery of these presents, the receipt whereof I hereby acknowledge, have granted, bargained and sold, and by these presents do grant, bargain, and sell, unto the said RICHARD ROE, his executors administrators, and assigns, all the hull or body of the said ship or vessel, together with the masts, bowsprit, sails, boats anchors, cables, spars, and all other necessities thereunto appertaining and belonging; the certificate of the registry ot enrolment of which said ship or vessel is as follows, to wi [here copy the whole of the certificate of registry or enrolment.] tro -)ave ant to jola the said ship or vessel,'and appurtenances thereunto belonging, unto the said RICHARD ROE, his executors, administrators, and assigns, to his and their proper use, benefit, and behoof, for ever. And I, the said JOHN DOE, for myself, my heirs, executors, and administrators, do covenant with the said RICHARD ROE, his executors, administrators, and assigns, that I am the sole, true, and lawful owner of the said ship America, and her appurtenances; and that I have full power, good right, and lawful authority, to sell and dispose of the said ship and her appurtenances in manner aforesaid. And I do further covenant, for myself, my heirs, executors, and administrators, that I, the said ship America and her appurtenances, as aforesaid, against the lawful claims of all persons whomsoever, claiming or to claim the same, will for ever warrant and defend. Jn witutetS whereof, I have hereunto set my hand and seal, this first day of July, one thousand eight hundred and fifty' JOHN DOE (seal). Sealed and delivered in the presence of JOHN SMITH, JOHN JONES. I CHATTEL MORTGAGES. 49 No. 42.-Form of Chattel Mortgage. co all to w)rom thlere Vres.nts tt lall rome, KNOW YE ihat JOHN DOE, of the town of Princeton, in the county of Middlesex, and state of New Jersey, of the first part, for securing the payment of the money hereinafter mentioned, and in consideration of the sum of one dollar to me duly paid by RICHARD ROE, of the city of Trenton, in the county of HIuntingdon, and state of New Jersey, of the second part, at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, have bargained and sold, and by these presents do grant, bargain, and sell, unto the said party of the second part, all my household furniture, and all other goods and chattels mentioned in the schedule hereunto annexed,* and now in the house in which I reside in the town aforesaid. To lave ant to l)olb all and singular the goods and chattels above bargained and sold, or intended so to be, unto the said party of the second part, his executors, administrators, and assigns, for ever. And I, the said party of the first part, for myself, my heirs, executors, and administrators, all and singular the said goods and chattels above bargained and sold, unto the said party of the second part, his heirs, executors, administrators, and assigns, against me, the said party of the first part, and against all and every person or persons whomsoever, shall and will warrant, and for ever defend: utOn condbition, that if I, the said party of the first part, shall and do well and truly pay unto the said party of the second part, his executors, administrators, or assigns, the sim of three hundred dollars on the first day of August next-then these presents shall be void. And I, the said party of the first part, for myself, my executors, administrators, and assigns, do covenant and agree, to and with the said party of the second part, his executors, administrators, and assigns, that in case default shall be made in payment of the said sum above mentioned, then it shall and may be lawful for, and I the said party of the first part do hereby authorize and empower the said party of the second part, his executors, administrators, and assigns, with the aid and assistance of any person or persons, to enter my dwellinghouse, store, and other premises, and such other place or places as the said goods or chattels are or may be, and take * Annex a schedule, specifying all the articles mortgaged, adapted to the wants of the case. The plap of one is appended to this mortgage. 5 50 CHATTEL MORTGAGES-SCHEDULE. and carry away the said goods and chattels, and to sell and dispose of the same for the best price he cal obtain; and out of the money arising therefrom, to retain and pay the said sum above mentioned, and all charges touching the same, rendering the overplus (if any) unto me or to my executors, administrators, or assigns. And until default be made in the payment of the said sum of money, I am to renain and continue in the quiet and peaceable possession of the said goods and chattels, and the full and free enjoyment of the same. n titnei ttmereof, I, the said party of the first part, have hereunto set my hand and seal the first day of Septemher, one thousand eight hundred and fifty. JOHN DOE (seal) Scaled and delivered in the presence of ) JOHN STONE, JOHN SMITH. ( Schedule referred to in the foregoing Mortgage. IN THE PARLOR. No. 1.-Two mahogany sofas. 2.-Fourteen mahogany chairs. " 3.-One large looking-glass. " 4.-One centre-table. "5.-One card-table. IN THE DINING-ROOM. " 6.-One dining-table. 7.-Ten cane-bottomed chairs. " 8.-One sideboard. 9.-One clock. "10. —One lounge. 11.-One book-case. [And so on through the list in each rooma. September 1, 1850. JOHN DOE. Witness JOHN STONE, JOHN SMITH. $ILLS OF LADING. 51 BILLS OF LADING. A bill of lading is a receipt from the agent or master of a vessel, that he has received the goods named therein, and an agreement for the safe carriage of the same to the port of destination, and delivery to the person to whom they are consigned. Two or three bills are usually signed, one to be retained by the agent of the vessel, and another to be forwarded to the party to whom they are shipped. See article, "LIABILITIES OF COMMON CARRIERS." No. 43.-Bill of Lading. 0Sippeb, in good order and well conditioned, b) TOHN DOE, on board the ship called the United States, whereof RICHARD ROE is master, now lying in the port of New York, and bound for Havre, France. To say: five packages of nerchandise, being marked and numbered as in the J. margin, and are to be delivered in the like order Havrei and condition at the port of Havre, France (the F nce dangers of the seas only excepted), unto JACQUES MONTALEMBERT, or to his assigns, he or they paying freight for the said packages the sum of five dollars, with fifty cents primage and average accustomed. Jn witness wtlereof, the master or purser of said vessel hath affirmed to two bills of lading, both of this tenor and date; one of which being accomplished, the other to stand void. Dated in New York, the first day of October, one thousand eight hundred and ffty. RICHARD ROE. Master .^...~ BONDS. BONDS. A bond is a written instrument under seal, acknowledging some liability, duty, or obligation, with a penalty for non-fulfilment. Fraud vitiates every instrument into which it enters. The maker of the bond is called the obligor, the person to whom it is made the obligee. As to what is sufficient to constitute a seal, see the respective states, titles, deeds, &c. The amount of money first named in a bond for the payment of money is called the penal sum, and is usually double the amount of the condition, in order to cover interest and cost of recovery, should the conditions of payment not be complied with. No. 44.-Bond for the Payment of Money. tinomt all t en bV t1)vee preents, that I, JOhN DOE, of the town of Jamaica, in the county of Queens, and state of NTew York, am held and firmly bound unto RICHARD ROE, of the city of Brooklyn, in the county of Kings, and state of New York, in the sum of two thousand four hundred dollars, lawful money of the United States, to be paid to the said RICHARD ROE, his executors, administrators, or assigns: for which payment, well and truly to be made, I bind myself, my heirs, executors, and administrators, and each of them, firmly by these presents. Sealed with my seal. Dated the first day of December, one thousand eight hundred and fifty.-* t1)e roniition of the above obligation is such, that if the alcove bounden JOHN DOE or his heirs, executors, or administrators, shall well and truly pay, or cause to be paid, unto the above-named RICHARD ROE, his executors, administrators, or assigns, the just and full sum of twelve hundred dollars on the first day of Mlay next, with interest thereon at the rate of seven per cent. per annum —then the above obligation to be void, otherwise to remain in full force and virtue. JOHN DOE (seal). Sealed, &c,, in presence of JOHN JONES and JOHN SMITH. BONDS. 53 No. 45.-Bond, conditioned that if the Interest is not paid within a certain Time after it is due, the whole Sum, Principal and Interest, shall, at the option of the Obligee, be due immediately. Entow aUl Mmen b tl)ese 1resents, that I, JOHN DOE, of the city of Portland, in the county of Cumberland, and state of Mlaine, am held and firmly bound unto RICHARD ROE; of the same place, in the sum of two thousand eight hundred dollars, lawful money of the United States, to be paid to the said RICHARD ROE, his executors, administrators, or assigns: for which payment, well and truly to be made, I bind myself, my heirs, executors, and administrators, and every of them, firmly by these presents. Sealed with my seal. Dated the tenth day of August, one thousand eight hundred and ffty. lt)e ronbition of the above obligation is such, that if the above-bounden JOHN DOE, or his heirs, executors, or administrators, shall well and truly pay, or cause to be paid, unto the above-named RICHARD ROE, his executors, administrators, or assigns, the just and full sum of one thousand four hundred dollars on the tenth day of MIarch, which will be in the year one thousand eight hundred and fifty-six, and the interest thereon, to be computed from the date hereof, at and after the rate of six per cent. per annum, and to be paid quarter yearly -then the above obligation to be void, else to remain in full force and virtue. And it is hereby expressly agreed, that should any default be made in the payment of the said interest, or of any part thereof, on any day whereon the same is made payable, as above expressed, and should the same remain unpaid and in arrear for the space of ten days, then and from thenceforth, that is to say, after the lapse of the said ten days, the aforesaid principal sum of one thousand four hundred dollars, together with all arrearage of interest thereon, shall, at the option of the said RICHARD ROE, his executors, administrators, and assigns, become and be due and payable immediately thereafter, although the period above limited for the payment thereof may not then have expired, anything herein before contained to the contrary thereof in any wise notwithstanding. Sealed and delivered in the pres- ence of JOHN JONES, JOHN DOE (seal). JOHN SMITH. ) 5* 54 BONDS. No. 46.-Bond of a Corporation. tinowt all mlen bg thteie lreents, that the president and directors of the Ascutney Bank, at the city of Cleveland, in the county of Cuyahoga, and state of Ohio, are held and firmly bound unto JOHN DOE, of the village of Parkman, in the county of Geauga, and state of Ohio, in the' sum of ten thousand dollars, lawful money of the United States, to be paid to the said JOHN DOE, his executors, administrators, or assigns: for which payment, well and truly to be made, the president and directors of the said Ascutney Bank bind themselves and their successors firmly by these presents. Sealed with their corporate seal. Dated the fifth day of July, one thousand eight hundred and fifty. 1et ronbition of the above obligation is such, that if the above-bounden president and directors of the Ascutney Bank shall well and truly pay, or cause to be paid, unto the abovenamed JOHN DOE, the sum of five thousand dollars on the first day of August next, with interest thereon at the rate of five per cent. per annum-then the above-written obligation to be void, otherwise to remain in full force and virtue. RICHARD ROE, PRESIDENT (corporate seal) Sealed and delivered in the presence of ) JOHN JONES, JOHN SMITH. ( No. 47.-Bond to be given to a Sheriff, to indemnify himfor levying upon Goods, 4'c., when claimed by another than the Judgment Debtor. tinom all Mlen bp tleir presents, that we, JOHN DOE and RICHARD RoF,. both of the city of Madison, in the county of Jeferson, and state of Indiana, are held and firmly bound unto JOHN SMITH, sheriff of the said county of Jefferson, in the sum of one thousand dollars, lawful money of the United States, to be paid to the said JOHN SMITH, or to his certain attorney, executors, administrators, or assigns: for which payment, well and truly to be made, we bind ourselves, our and each of our heirs, executors, and administrators, jointly and severally, firmly by these presents. Sealed with our seals BONDS. 5f Dated the tenth day of June, one thousand eight hundred and ifty. 13 ertea, the above-bounden JOHN DOE and RICHARD ROE did obtain judgment in the supreme court against JOHN JONES for three hundred dollars, damages and costs, whereupon execution has been issued, directed, and delivered to the said JOHN SMITH, commanding him, that of the goods and chattels of the said JOHN JONES, he should cause to be made the dam ages and costs aforesaid. And whereas, certain goods and chattels that appear to belong to the said JOHN JONES are claimed by JAMES SHORT, of the said city of Madison: Nom, therefore, tte ronbition of this obligation is such, that if the above-bounden JOHN DOE and RICHARD ROE shall well and truly save, keep and bear harmless, and indemnify the said JOHN SMITH, and all and every person and persons aiding and assisting him in the premises, of and from all harm, let, trouble, damage, costs, suits, actions, judgments, and executions, that shall or may at any time arise, come, or be brought against him, them, or any of them, as well for the levying and making sale under and by virtue of such execution, of all or any goods or chattels which he or they shall or may judge to belong to the said JOHN JONES, as well as in entering any shop, store, building, or other premises, for the taking of any such goods and chattels-then this obligation to be void, else to remain in full force and virtue. Signed, sealed, and deliv- ered, in presence of JOHN DOE (seal). PETER PENNY,' RICHARD ROE (seal). HIRAM JACOBS. No. 48.-Bond to Executors. tinomw all Dmen bp tljere prerents, that I, JOHN DOE, of the village of Clinton, in the county of Oneida, and state of New York, am held and firmly bound unto RICHARD ROE, of the city of Utica, in the county of Oneida, and state of New York, and PETER SMITH, of the village of Clinton, in the county of Oneida, and state of New York, executors of the last will and testament of PETER HAMILTON, late of the village of Clinton, in the county of Oneida, and state of New York, now deceased, and the survivor of them, his or their assigns, in the penal sum offive thousand dollars, lawful money 56 BONDS. of the United States, to be paid to the said executors, or the survivor of them, his or their assigns: for which payment, well and truly to be made, I bind myself, my heirs, executors, and administrators, and every of them, firmly by these presents. Sealed with my seal. Dated this first day of May, one thousand eight hundred and fifty. NoTU, tlje ronbition of this obligation is such, that if the above-bounden obligor, his heirs, executors, or administrators, shall well and truly pay, or cause to be paid, unto the said RICHARD ROE and PETER SMITH, as such executors as aforesaid, or the survivor of them, his or their assigns, the sum of two thousand five hundred dollars on the first day of May, one thousand eight hundred and fifty-three, with interest thereon at the rate of seven per cent. per annum-then this obligation to be void, otherwise to remain in full force, virtue, and effect. JOHN DOE (seal). Sealed and delivered in presence of ) JOHN SMITH, JOHN STONE. ) No. 49.-Bond for a Deed. Ztnom all Mmn, &c. [as in No. 44 to the * ]Nowt, t)p rconbition of this obligation is such, that if the above-bounden obligor shall, on the tenth day of December next, make, execute, and deliver, unto the said RICHARD ROE (provided that the said RICHARD ROE shall on or before that day have paid to the said obligor the sum of twelve hundred dollars, the price by said RICHARD ROE agreed to be paid therefor), a good anid sufficient conveyance n fee simple, with the usual covenants, of all that certain piece or parcel of land [here describe the land]-then this obligation to he void, otherwise to remain in full force, virtue, and effect. JOHN DOE (seal). Sealed and delivered in the presence of JOHN SMITH, PETER JONES. BONDS. 57 No. 50.-Bond of Treasurer or Trustee of an Association. Inom all Men bg tl]tje presents, that we, JOHN DOE, as principal, and RiIChARD RoE and IRA STEARNS as sureties, all of the city of Richmond, in the county of Henrico, and state of Virginia, are held and firmly bound unto HENRY HIGGINS and THOMAS SHARPE, both of the city of Riclhmond aforesaid, in the sum of one thousand dollars, lawful money of the United States, to be paid unto the said HENRY HIGGINS and THOMAS SHARPE, or their successors in office, or their certain attorneys, executors, administrators, or assigns; to which payment, well and truly to be made, we jointly and severally bind ourselves, our heirs, executors, and administrators, firmly by these presents. Sealed with our seals, and dated the twenty-fifth day of December, one thousand eight hundred and fifty. 1b)e conbition of this obligation is such, that whereas the above-named JOHN DOE has been chosen by an association, known as the Union Association, treasurer [or one of the trustees] of said association, by reason whereof, and as such treasurer [or trustee], he will receive into his hands and possession divers sums of money, goods and chattels, and other things, the property of said association; and is bound to keep true and accurate accounts of said property, and of his receipts and disbursements for and on account of said association: Now, therefore, if the said JOHN DOE shall well and truly perform all and singular the duties of treasurer [or trustee] of said association, for and during his official term, and until he shall deliver all the property which he may receive as such treasurer [or trustee] to his successor in said office, or to such other person as the said association or its authorized officers may direct, according to the provisions of the constitution, by laws, rules, and regulations, of said association now existing, or which may be by said association adopted; and shall keep true and just accounts of all property belonging to the said association that may come to his hands; and shall exhibit and submit to the said association, or to the persons by them thereunto appointed, his said accounts and the vouchers therefor, whenever he shall be thereto properly requested; and shall, at the expiration of his term of office, by any cause whatever, deliver up to his successor in office all the property of the 58 BONDS. said association that may be found to remain in his hands, and his books of accounts, and the vouchers thereunto belonging -then this obligation shall be null and void, otherwise to remain in full force and virtue. Signed, sealed, and deliv- J ered- in g~resence of JOHN DOE (seal). JOHN MITH RICHARD ROE (seal). JAMES SHORT. T IRA STEARNS (seal). JAMES SHORT. No. 51.-Bottomry Bond. Vnom all Men bp te re prresento, that I, JOHN DoE, now master and commander of the bark or vessel called the Isidore, of the burden of five hundred tons or thereabouts, now lying at the port of Baltimore, am held and firmly bound unto RICHARD ROE, of the city of Baltimore, in the county of Baltimore, and state of Maryland, in the sum of two thousand dollars, lawful money of the United States, to be paid to the said RICHARD ROE, or to his certain attorney, executors, administrators, or assigns: for which payment, well and truly to be made, I bind myself, my heirs, executors, and administrators, and also the said vessel, her tackle, apparel, and furniture, firmly by these presents. Sealed with my seal, at the city of Baltimore, this first day of November, one thousand eight hundred andfifty. tt0)erea0, the above-bounden JOHN DOE has been obliged to take up and borrow, and has received of the said RICHARD ROE, for the use of the said vessel, and for the purpose of fitting the same for sea, the sum of one thousand dollars, lawful money of the United States, which sum is to be and remain as a lien and bottomry on the said vessel, her tackle, apparel, and furniture, at the rate or premium of twenty-five per cent. for the voyage; in consideration whereof, all risks of the seas, rivers, enemies, fires, pirates, &c., are to be on account of the said RICHARD ROE: And for the better security of the said sum and premium, the said master doth, by these presents, hypothecate and assign over to the said RICHARD ROE, his heirs, executors, administrators, and assigns, the said vessel, her tackle, apparel, and furniture. And it is hereby declared that the said vessel Isidore is thus hypothecated and assigned over for the security of the money so borrowedc BONDS-BOTTOMRY. 59 and taken up as aforesaid, and shall be delivered for no other use or purpose whatever, until this bond is first paid, together with the premium hereby agreed to be paid thereon. 3Now, tile Conbition of this obligation is such, that if the above-bounden JOHN DOE shall well and truly pay, cra cause to be paid, unto the said RICHARD ROE, his certain attorney, executors, administrators, and assigns, the just and full sum of one thousand dollars, lawful money as aforesaid, being the sum borrowed, and also the premium aforesaid, at or before the expiration of ten days after the arrival of the said vessel at the port of New York-then this obligation, and the said hypothecation, to be void and of no effect, otherwise to remain in full force and virtue. Having signed and executed two bonds of the same tenor and date, one of which being accomplished, the other to be void and of no effect. JOHN DOE (seal). Sealed and delivered in the presence of ) PETER PEPPER, JOHN STONE. ) NOTE.-Bottomry is the act of borrowing money, and pledging the keel or bottom of the ship (that is, the ship itself) as security for the repayment of the money. The contract of bottomry is in the nature of a mortgage-the owner of a ship borrowing money to enable him to carry on a voyage, and pledging the ship as security for the money: but if the ship is lost, the lender loses the money; if she arrives safe, he is to receive back the money lent, with the interest agreed upon, although it may exceed the legal rate of interest. The tackle of the ship is also liable as well as the ship itself, and the borrower is likewise personally responsible if the ship arrive. Respondentia is where the money is borrowed upon goods shipped, instead of the ship itself. 60 COMPOSITION WITH CREDITORS COMPOSITION WITH CREDITORS. THIS is a contract between a debtor who is able only to pay a portion of his debts, with his creditors, whereby they agree to accept a certain sum less than the original claim; and, upon the receipt thereof, not to prosecute or trouble the debtor on account of his debt. No. 52.-Form for Composition with Creditors. tnom all Mlen b9 ttli ltresents, that whereas JoHN DoE is justly indebted unto us, JOHN JONES, HENRY SMITH, and THOMAS SHARPE, creditors of the said JOHN DOE, in divers sums of money, which he has become unable fully tpay and discharge: therefore we, the sawi creditors, do consent and agree with the said JOHN DOE to demand less than the full amount of our respective claims, and to accept of ten cents for every dollar owing to each of us the said creditors of the said JOHN DOE, in full satisfaction and discharge of our several claims and demands; the said sum of ten cents on a dollar to be paid to each of us, our heirs, executors, and administrators, within the space of thirteen months from the date hereof. And we, the creditors aforesaid, do further severally and respectively covenant and agree with the said JOHN DOE, that he may, within the said time of thirteen months from the date hereof, sell and dispose of his goods and chattels, wares and merchandise, at his own free will and pleasure, for the payment of the ten cents on the dollar of each of our respective debts; and that neither of us will, at any time hereafter, sue, arrest, or attach the said JOHN DOE, or his goods and chattels, for any debt now due and owing to us or any of us, provided the said JOHN DOE does well and truly pay, or cause to be paid, the said ten cents for every dollar of each of our several and respective claims against him. And all.and each of the covenants and agreements herein contained shall extend to and bind our several executors, administrators, and assigns. In witness wtilerof, &c. [as in No. 25]. CONTRACTS. 61 CONTRACTS. A contract is an agreement, between two or more parties, for the performance of some certain thing by them respectively agreed upon. For forms of contracts, see under the head " AGREEMENTS." A charter-party is a contract of affreightment in writing, by which the owner of a vessel lets the whole or a part of her to another for the conveyance of goods on a particular voyage, in consideration of the payment of freight. No. 53.-Form of Charter-Party. his (9larterl -artm, made and concluded upon in the city of New York, the tenth day of October, in the year one thousand eight hundred and fifty, between JOHN DOE, agent for the owner and master of the brig Eagle, of the city of New York, of the burden offour hundred tons or thereabouts, register measurement, now lying in the harbor of Mobile, in the state of Alabama, of the first part, and RICHARD ROE, merchant, of the city of Mobile, in the state of Alabama, of the second part, tiitneCeti, that the said party of the first part, for and in consideration of the covenants and agreements hereinafter mentioned, to be kept and performed by the said party of the second part, doth covenapt and agree on the freighting and chartering of the said vessel unto the said party of the second part, for a voyage from the port of Mobile, in the state of Alabama, to Liverpool, England, on the terms following, that it is to say: First. The said party of the first part does engage that the said vessel in and during the said voyage shall be kept tight, stanch, well fitted, tackled, and provided with every requisite, and with men and provisions necessary for such a voyage. Second. The said party of the first part does further engage that the whole of said vessel (with the exception of the cabin, the deck, and the necessary room for the accommodation of the crew, and the stowage of the sails, cables, and provisions) 6 62 CONTRACTS. shall be at the sole use and disposal of the said party of the second part during the voyage aforesaid; and that no goods or merchandise whatever shall be laden on board, otherwise than from the said party of the second part, or his agent, without his consent, on pain of forfeiture of the amount of freight agreed upon for the same. Third. The said party of the first part does further engage to take and receive on board the said vessel, during the aforesaid voyage, all such lawful goods and merchandise as the said party of the second part or his agents think proper to ship, And the said party of the second part, for and in consideration of the covenants and agreements to be kept and performed by the said party of the first part, does covenant and agree with the said paity of the first part, to charter and hire the said vessel as aforesaid, on the terms following, that is to say: First. The said party of the second part does engage to provide and furnish to the said vessel a sufficient cargo of freightfor ballastfrom one port to another on her voyage. Second. The said party of the second part does further engage to pay to the said party of the first part, or his agent, for the charter or freight of the said vessel during the voyage aforesaid, in the manner following, that is to say: For the voyage to Liverpool, the sum offour thousand dollars, lawful money of the United States, on the delivery of the freight aforesaid in the port of Liverpool. It is further understood and agreed that the said party of the second part, or his agent, is to pay allforeign port-charges, pilotage, and dues incurred by the vessel on her voyage, exclusive of the before-mentioned sum offour thousand dollars; the said party of the second part, or his agent, to furnish the said party of the first part sufficient money in the port aforesaid free of charge for the same. It is further agreed between the parties to this instrument, that the said party of the second part shall be allowed for the loading and discharging of the vessel at the respective ports aforesaid, lay days as follows, that is to say: in the port of Mobile twenty lay days, and customary despatch in the port of Liverpool. And in case the vessel is longer detained, the said party of the second part agrees to pay to the said party of the first part at the rate offifty Spanish milled dollars per day, day by day, for every day so detained, provided such CONTRACTS. 63 detention shall happen by default of said party of the second part, or his agent. It is also further understood and agreed, that the cargo or cargoes shall be received and delivered alongside of the vessel, within reach of her tackles, or according to the custom and usages at the ports of loading and discharging. It is also further understood and agreed, that this charter shall commence when the vessel is ready to receive cargo at her place of loading, and notice thereof is given to the party of the second part, or his agent; and the said party of the first part agrees to proceeed with all despatch from Mobile direct to Liverpool, and there discharge the cargo aforesaid. To the true performance of all and every of the foregoing covenants and agreements, the said parties each to the other do hereby bind themselves, their heirs, executors, administrators, and assigns (especially the saiJ party of the first part the vessel, her freight, tackle, and appurtenances; and the said party of the second part the merchandise to be laden or board), each to the other in the penal sum of eight thousand dollars. j t witneess wIereof, the said parties have hereunto interchangeably set their hands and seals the day and year first above written. Sealed and delivered in the presence of JOHN DOE (seal). JOHN SMITH, RICHARD ROE (seal). JOHN STONE. 64 DEEDS AND MORTGAGES. DEEDS AND MOIW GAGES. STRICTLY speaking, every instrument under seal is a deed; but, in ordinary language, a conveyance of lands is intended. There should be a good consideration for a deed, which may be money, goods, services, or marriage. A deed in fee simple is a conveyance of the absolute and enti e ownership of the land. A warranty deed is a conveyance in which the grantor agrees to be answerable for any defect whatever that there may be in the title. A quit-claim deed is one whereby the grantor conveys away all the title (if any) that he may perchance have in the land. A trust-deed is a conveyance by which the grantee takes the estate upcn some trust, or for some special purpose, therein specified. A mortgage is a deed of lands conditionally, and is usually given to secure the payment of money, by pledging the land of the grantor therefor. It is usual to execute a bond, bearing date on the same day with the mortgage, specifying the amount to be paid, the time when it is to be paid, and the interest agreed upon, to secure which the mortgage is given. In some states a promissory note is used instead of a bond. The description of the premises should be exact, so that they may be readily identified. These instruments should always be sealed, subscribed by the person whose estate is conveyed, and by that person acknowledged before the proper officer. If it be impossible to acknowledge the instrument at the time of execution, it is advisable always (and in some states requisite) that it should be witnessed by two subscribing witnesses. The person to whom the conveyance is made should immediately have the instrument recorded in the propel office. DEEDS. 6 When a deed, mortgage, or release, is executed to two or more persons, the whole name of each should be given; and also when they are the grantors, each should sign his individual name. Never sign as a firm. As to acknowledgments, and the rights of the wife, see the respective states. For form of satisfaction of mortgages, see " RELEASE AND rATISFACTION. No. 54.-Simple Deed, with Warranty. 9i)is Jnbtntnte, made the fifth day of December, in the year one thousand eight hundred and fifty, between JOHN DOE, of the city of Detroit, in the county of Wayne, and state of Michigan, of the first part, and RICHARD ROE, of the same place, of the second part-* WtitntterI~, that the said party of the first part, for and in consideration of the sum of ten thousand dollars, lawful money of the United States, to him duly paid before the delivery hereof, hath bargained and sold, and by these presents doth grant and convey to the said party of the second part, his heirs and assigns, for ever, all that certain piece or parcel of land, lying and being in the county of Shiawassee, and state of Michigan, and which is known and described as follows, to wit:The north half of the northeast quarter of section number ten of town number eight north, in range number six east, containing eighty acres more or less, together with all and singular the tenements, hereditaments, and appurtenances, and all the estate, title, and interest, of the said party of the first part therein. And the said party of the first part doth hereby covenant and agree with the said party of the second part, that at the time of the delivery hereof, the said party of the first part is the lawful owner of the premises above granted, and seized thereof in fee simple absolute, and that he will warrant and defend the above-granted premises in the quiet and peaceable possession of the said party of the second part, his heirs and assigns, for ever. jn witness mblereof, I have hereunto set my hand and seal, this fifth day of December, one thousand eight hundred and fifty. JOHN DOE (seal). Sealed and delivered in the presence of t JOHN SMITH, PETER JONES. 6* 66 DEEDS. No. 55.-Simple Deed, without Warranty. T ii Jnbientnure, &c. [as in No. 54 to the * ]tJitn tss jtl, that the said JOH DOE, for and in consider ation of one thousand dollars, lawful money of the Ulnite States, to him in hand paid by the said RICHARD ROE tllh receipt whereof is hereby acknowledged, hath granted, bargained, and sold, and by these presents doth grant, bargain, sell, convey, and confirm, unto the said RICHARD ROE, his heirs, executors, administrators, and assigns, for ever, all and singular that certain piece or parcel of land situate in the town of Andover, in the county of Windham, and state of Vermont [here describe the land], together with all and singular the tenements, hereditaments, and appurtenances, thereunto belonging; and the reversions, remainders, rents, issues, and profits thereof, and all the estate, title, and interest, of the said JOHN DOE, to the said premises, or any part thereof. Jn witneso wlreof, &c. [as in No. 54]. No. 56.-Quit-claim Deed by Husband and Wife.* t)ii Jnbenture, made the tenth day of April, in the year one thousand eight hundred and fifty, between JoHN DOE, of the city of Nashville, in the county of Davidson, and state of Tennessee, and SUSAN his wife, parties of the first part, and RICHARD ROE, of the town of Lebanon, in the county of Wilson, and state of Tennessee, party of the second part-f bitnesetl), that the said parties of the first part, for and in consideration of the sum of two thousand dollars, lawful money of the United States, to them in hand paid by the said party of the second part, at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, have remised, released, and quit-claimed, and by these presents do remise, release, and quit-claim, unto the said party of the second part, and to his heirs and assigns, for ever, all that certain piece or parcel of land lying and being situated in the town, &c. [here describe the land], together with all and singular the tenements, hereditaments, * It will be understood that the forms in which the wife is included are also correct for a single person, by the omission of those parts which refer to the wife and her interest in the property. DEEDS. 67 and appurtenances, thereunto belonging or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and also all the estate, right, title, interest, dower and right of dower, prop3rty, possession, claim, and demand whatsoever, as well in law as in equity, of the said parties of the first part, of; in, or to the above-described premises, and every part and parcel thereof with the appurtenances. (o atve anb to l)olb all and singular the above mentioned and described premises, together with the appurtenances, unto the said party of the second part, his heirs, and assigns, for ever. In witnes wltereof, the said parties of the first part have hereunto set their hands and seals the day and year first above written. JOHN DOE (seal). SUSAN DOE (seal). Sealed and delivered in the presence of JOHN SMITH, JOHN JONES. No. 57.-Deed, by Husband and Wife, with full Covenants (or Warranty). l1is Jnbenture, &c. [as in No. 56 to the t ]jitneUetti, that the said parties of the first part, for and in consideration of the sum of twelve hundred dollars, lawful money of the United States, to them in hand paid by the said party of the second part, at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, and the said party of the second part, his heirs, executors, and administrators, for ever released and discharged from the same, by these presents, have granted, bargained, sold, aliened, remised, released, conveyed, and confirmed, and by these presents do grant, bargain, sell, alien, remise, release, convey, and confirm, unto the said party of the second part, and to his heirs and assigns, for ever, all that, &c. [here describe the property], together with all and singular the tenements, hereditaments, and appurtenances, thereunto belonging or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and also all the estate, right, title, interest, dower and right of dower, property, possession, claim, and 68 DEEDS. demand whatsoever, as well in law as in equity, of the said parties of the first part, of, in, and to the same, and every part and parcel thereof, with the appurtenances. i0o bale anb to jolb the above granted, bargained, and described premises, with the appurtenances, unto the said party of the second part, his heirs and assigns, to his and their own proper use, benefit, and behoof, for ever. And the said JOHN DOE, for himself, his heirs, executors, and administrators, doth covenant, grant, and agree, to and with the said party of the second part, his heirs and assigns, that the said JOHN DOE, at the time of the sealing and delivery of these presents, was lawfully seized in his own right of a good, absolute, and indefeasible estate of inheritance, in fee simple, of and in all and singular the above granted and described premises, with the appurtenances, and has good right, full power, and lawful authority, to grant, bargain, sell, and convey the same, in manner aforesaid: and that the said party of the second part, his heirs and assigns, shall and may, at all times hereafter, peaceably and quietly have, hold, use, occupy, possess, and enjoy the above-granted premises, and every part and parcel thereof, with the appurtenances, without any let, suit, trouble, molestation, eviction, or disturbance, of the said parties of the first part, their heirs or assigns, or of any other person or persons lawfully claiming or to claim the same: and that the same now are free, clear, discharged, and unencumbered, of and from all former and other grants, titles, charges, estates, judgments, taxes, assessments, and encumbrances, of what nature or kind soever: and also that the said parties of the first part and their heirs, and all and every person or persons whomsoever, lawfully or equitably deriving any estate,.right, title, or interest, of, in, or to the herein before-granted premises, by, from, under, or in trust for them or either of them, shall and will, at any time or times hereafter, upon the reasonable request, and at the proper costs and charges in the law, of the said party of the second part, his heirs and assigns, make, do, and execute, or cause to be made, done, and executed, all and every such further and other lawful and reasonable acts, conveyances, and assurances in the law, for the better and more effectually vesting and confirming the premises hereby granted or so intended to be in and to the said party of the second part, his heirs and assigns, for ever, as by the said party of the second part, his heirs or assigns, his or their counsel learned in the law, shall DEEDS. 69 be reasonably advised or required. And the said JOHN DOE, his heirs, the above described and hereby granted and re leased premises, and every part and parcel thereof, with the appurtenances, unto the said party of the second part, his heirs and assigns, against the said parties of the first part and their heirs, and against all and every person and persons whomsoever, lawfully claiming or to claim the same, shall and will warrant and by these presents for ever defend. J3n itness wlereof, &c. [as in No. 561. No. 58.-Deed by Executors. PlJis nbtenture, made the twentieth day of March, one thousand eight hundred and fifty, between JOHN DOE, of the city of Memphis, in the county of Shelby, and state of Tennessee, and RICHARD ROE, of the town of Raleigh,-of the county and state aforesaid, executors of the last will and testament of JOHN SMrTH, late of Raleigh, in the county of Shelby, and state of Tennessee, deceased, parties of the first part, and JOHN JONES, of Raleigh, in the county of Shelby, and state of Tennessee, farmer, party of the second part —tUitnettetb, that the said parties of the first part, by virtue of the power and authority to them given in and by the said last will and testament, and for and in consideration of the sum of eight hundred dollars and twenty-five cents, lawful money of the United States, to them in hand paid at or before the ensealing and delivery of these presents, by the said party of the second part, the receipt whereof is hereby acknowledged, and the said party of the second part, his heirs, executors, and administrators, for ever released and discharged from the same by these presents, have granted, bargained, sold, aliened, released, conveyed, and confirmed, and by these presents do grant, bargain, sell, alien, release, convey, and confirm, unto the said party of the second part, his heirs and assigns for ever, all that certain piece or parcel of land, situate, lying, and being in the town of Raleigh, in the county of Shelby, and state of Tennessee, and which is known and described as follows [here insert description of land]; together with all and singular the edifices, buildings, rights, members, privileges, advantages, hereditaments, and appurtenances, to the same belonging, or in any wise appertaining; and the reversion and reversions, remainder and remainders, rents 70 DEEDS. issues, and profits thereof: and also all the estate, right, title, interest, claim, and demand whatsoever, both in law and equity, which the said testator had in his lifetime, and at the time of his decease, and which the said parties of the first part, or either of them, have or hath, by virtue of the said last will and testament, or otherwise, of, in, and to the same, and every part and parcel thereof, with the appurtenances. 0o auev anb to I)olb the said premises above mentioned and described, and hereby granted and conveyed, or intended so to be, with the appurtenances unto the said party of the second part, his heirs and assigns, to his and their only proper use, benefit, and behoof, for ever. And the said parties of the first part, for themselves severally and respectively, and for their several and respective heirs, executors, and administrators, do severally, and not jointly, nor the one for the other or others of them, nor for the heirs, executors, administrators, or acts or deeds of the other or others of them, but each and every of them, for himself only and for his and their heirs, executors, and adminis trators, and their several and separate acts and deeds only, covenant, grant, promise, and agree to and with the said party of the second part, his heirs and assigns, that the said party of the second part, his heirs and assigns, shall and lawfully may from time to time, and at all times for ever hereafter, peaceably and quietly have, hold, use, occupy, possess, and enjoy, all and singular the said hereditaments and premises hereby granted and conveyed, or intended so to be, with their and every of their appurtenances, and receive and take the rents, issues, and profits thereof, to and for his and their own use and benefit, without any lawful let, suit, hinderance, molestation, interruption, or denial whatsoever, of, from, or by them the said parties of the first part, their heirs or assigns; or of, from, or by any other person or persons whomsoever lawfully claiming, or who shall or may lawfully claim hereafter, by, from, or under them, or either of them, or by, fiom, or under their or either of their right, title, interest, or estate: and that free and clear, and freely and clearly discharged; acquitted, and exonerated, or otherwise well and sufficiently saved, defended, kept harmless and indemnified by them, the said parties of the first part, their heirs and assigns, of, from and against all and all manner of former and other gifts, grants, bargains, sales, mortgages, judgments, and all other charges and encumbrances whatsoever, had, mnade, commit DEEDS. 71 ted, executed, or (lone, by them the said parties of the first part, or by, through, or with, their or either of their acts, deeds, means, consent, procurement, or privity. In witness rwlertof, the said parties to these presents have hereunto interchangeably set their hands and seals the day and year first above written. Signed, sealed, and deliv- JOHN DOE (seal). ered, in presence of RICHARD ROE (seal) HENRY HIGGINS, JOHN SMITH (seal). JAMES SHORT. No. 59.-Trust-Deed. hi's Jnlbentture, &c. [as in No. 54 to * ]t33 ereas, the said JOHN DOE is desirous to make provisionfor his daughter JANE DOE, now of the age of twenty-two years, against future contingencies, and for her maintenance and support; and whereas, the said JOHN DOE is desirous that his said daughter should enjoy the proceeds, rents, issues, and income, of the real estate hereinafter more particularly described, during the term of her natural life, free from the control, liabilities, or interference, of any husband that she now has or may hereafter have: Noui, telrefore, tlli Jlnbentnre witnemestl, that the said JOHN DOE, in consideration of the premises, and of the sum of one dollar, lawful money of the United States, to him in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, hath bargained, sold, aliened, remised, released, conveyed, and confirmed, and by these presents doth bargain, sell, alien, remise, release, convey, and confirm, unto the said party of the second part, all that certain lot, piece, or parcel of land situate, lying, and being in the town of, &c. [Aere describe the premises]; together with all and singular the tenements, hereditaments, and appurtenances thereunto belonging or in any wise appertaining; and the reversion and reversions, remainder and remainders, rerts, issues, and profits thereof; and also all the estate, right, title, interest, property, possession, claim, and demand whatsoever, as well at law as in equity, of the said party of the first part, of, in, or to the above-described premises, and every part and parcel thereof, with the appurtenances. To lamV alntb;o 72 DEEDS. loljb all and singular the above mentioned and described prem ises, together with the appurtenances, unto the said RICHARD ROE, his successors and assignstl tmlSt,* and to and for the several uses, intents, and purposes, hereinafter mentioned, namely: First. In trust to lease the same, and to take, collect, and receive the rents, issues, and profits thereof; and out of the same to keep the said premises in good order and repair, and properly insured, and pay all taxes, assessments, and charges, that may be imposed thereon. Secondly. In trust to pay the residue of such rents, issues, and income, to my daughter JANE DOE, upon her sole and separate receipt, to the intent and purpose that she may enjoy, possess, and have the same, free from the control, interference, or liabilities, of any husband she now has or may hereafter have, during the term of her natural life. Thirdly. In trust to convey the said land and premises to such, person or persons as she, the said JANE DOE, by her last will and testament, or by an instrument in the nature of a last will and testament, subscribed by her in the presence of two credible witnesses, notwithstanding her coverture, may direct and appoint. And the said JOHN DOE hereby declares, that upon the de cease of his said daughter JANE DOE, the said trusts shall cease and determine, and the land and premises above described, shall belong, in fee simple absolute, to such person or persons as the said JANE DOE shall, as aforesaid, direct and appoint; and in default of such appointment, shall revert to the said JOHN DOE, the grantor herein named, and to his heirs, to his and their sole use, benefit, and behoof, for ever. And the said party of the second part doth hereby signify his acceptance of this trust, and doth hereby covenant and agree, to and with the said party of the first part, faithfully to discharge and execute the same according to the true intent and meaning of these presents. Jn witneme xlereof, &c. [as in No. 54].' It will be understood that only the general idea of the manner in which a trust should be drawn can be given: the condition for which the trust is granted mrst depend on the nature of the property and intention of the grantor. MORTGAGES. 73 No. 60.-Short Form of Mortgage, with Power of Sale. 1[is Jnbentrttre, made the thirtieth day of November, in the year one thousand eight hundred andffty, between JOHN DOE, of the town of lVheatland, in the county of Monroe, and state of New York, of the first part, and RICHARD ROE, of the village of Scottville, in the county of Monroe, and state of New York, of the second partt!itnetSttl, that the said party of the first part, in consideration of the sum of one thousand dollars, lawful money of the United States, to him duly paid, has sold, and by these presents does grant and convey, to the said party of the second part, all that certain piece or parcel of land, &c. [here describe the land], with the appurtenances, and all the estate, title, and interest, of the said party of the first part therein. 1jiQ (grant is intended as a security for the payment of one thousand dollars, on the first day of January, one thousand eight hundred and fifty-Jive, with interest thereon, payable semi-annually, at the rate of seven per cent. per annum, which payments, if duly made, will render this conveyance void. And if default shall be made in the payment of the principal or interest above mentioned, then the said paity of the second part, and his assigns, are hereby authorized to sell the premises above granted, or so much thereof as will be necessary to satisfy the amount then due, with the costs and expenses allowed by law. Jn mitnet milereof, &c. [as in No. 54]. No. 61.-Mortgage by Husband and Wife, with Interest and Insurance Clause. this 3lhnenttre, made the sixth day of July, in the year one thousand eight hundred andfifty, between JOHN DOE, of the city of Charleston, in the district of Charleston, and state of South Carolina, and JANE his wife, parties of the first part, and RICHARD ROE, of the same place, party of the second part: Wlberea, the said JOHN DOE is justly indebted to the said party of the second part in the sum of one thousandfour hundred dollars, lawful money of the United States, secured to 7 74 MORTGAGES. be paid by his certain bond or obligation bearing even date with these presents, in the penal sum of two thousand eight hundred dollars, lawful money as aforesaid, conditioned for the payment of the said first-mentioned sum of one thousand four hundred dollars, lawful money as aforesaid, to the said party of the second part, his executors, administrators, or assigns, on the tenth day of March, which will be in the yeai of our Lord one thousand eight hundred and fifty-six, and the interest thereon, to be computed from the date hereof, at and after the rate of six per cent. per annum, and to be paid quarter yearly: And it is thereby expressly agreed, that should any default be made in the payment of the said interest, or of any part thereof, on any day whereon the same is made payable, as above expressed, and should the same remain unpaid and in arrear for the space of ten days, then and from thenceforth, that is to say, after the lapse of the said ten days, the aforesaid principal sum of one thousand four hundred dollars with all arrearage of interest thereon, shall, at the option of the said party of the second part, his executors, administrators, or assigns, become and be due and payable immediately thereafter, although the period above limited for the payment thereof may not then have expired, anything therein before contained to the contrary thereof in any wise notwithstanding: as by the said bond or obligation, ano the condition thereof, reference being thereunto had, may more fully appear.* Now t1i, inbenture twtnecsetl, that the said parties of the first part, for the better securing the payment of the said sum of money mentioned in the condition of the said bond or obligation, with interest thereon, according to the true intent and meaning thereof, and also for and in consideration of the sum of one dollar, to them in hand paid by the said party of the second part, at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, have granted, bargained, sold, aliened, released, conveyed, and confirmed, and by these presents do grant, bargain, sell, alien, release, convey, and confirm, unto the said party of the second part, and to his heirs and assigns for ever, all that certain lot, piece, or parcel of ground, situate, lying, and being in the district aforesaid, and which may be better known and described as follows, namely: Beginning at a' Bond No. 45 has been drawn to correspond with this mortgage, and should accompany it, to make the papers complete. MORTGAGES 75 post planted on tfe northerly side of the highway leading from the said city of Charleston to Palmetto bridge, distant two hundred and fifty feet easterly from the easterly side of John Smith's stone mill; thence running north twenty-five degrees east thirty chains, to a stone there planted; thtence east sixty-five degrees south thirty-five chains; thence south twenty-five degrees west twenty-five chains, to the said northe7 ly side of the said highway; thence westerly along the nortlierly side of the highway thirty-six chains, more or less, to the place of beginning, containing by admeasurement ten acres more or less:* together with all and singular the tenements, hereditaments, and appurtenances, thereunto belonging or in any wise appertaining; and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof: and also all the estate, right, title, interest, dower and right of dower, property, possession, claim, and demand whatsoever, as well in law as in equity, of the said parties of the first part, of, in, and to the same, and every part and parcel thereof, with the appurtenances. o l )avte an to tlolb the above granted and described premises, with the appurtenances, unto the said party of the second part, his heirs and assigns, to his and their own proper use, benefit, and behoof, for ever: PROVIDED ALWAYS, and these presents are upon this express condition, that if the said parties of the first part, their heirs, executors, or administrators, shall well and truly pay unto the said party of the second part, his executors, administrators, or assigns, the said sum of money mentioned in the condition of the said bond or obligation, and the interest thereon, at the time and in the manner mentioned in the said condition, according to the true intent and meaning thereof, that then these presents, and the estate hereby granted, shall cease, determine, and be void: And the said JOHN DOE, for himself, his heirs, executors, and administrators, doth covenant and agree to pay unto the said party of the second part, his executors, administrators, or assigns, the said sum of money, and interest, as mentioned above, and expressed in the condition of the said bond. [And it is also agreed by and between the parties to these presents, that the said parties of the first part shall and will keep the buildings erected and to be erected upon the lands * This form of describing property is that usually adopted in the older states. The description in No. 54 applies to lands which have been surveyed by the general government. 76 MORTGAGES. above conveyed, insured against loss and damage by fire, by insurers and in an amount approved by the said.party of the second part, and assign the policy and certificates thereof to the said party of the second part; and in default thereof, it shall be lawful for the said party of the second part to effect such insurance, and the premium and premiums paid for effecting the same shall be a lien on the said mortgaged premises, added to the amount of the said bond or obligation, and secured by these presents, and payable on demand with interest at the rate of seven per cent. per annum.]* In witnetts wlereof, the parties to these presents have hereunto set their hands and seals the day and year first above written. Signed, sealed, and delivered, in presence of JOHN DOE (seal). PETER PENNY, JANE DOE (seal). HIRAM JACOBS. No. 62.-Mortgage to Executors. Swjig Jnbenture, made the tenth day ofApril, in the year one thousand eight hundred and fifty, between JOHN DOE, of the city of Savannah, in the county of Chatham, and state of Georgia, of the first part, and RICHARD RoE and JOHN JONES, both of the town of Mlilledgeville, in the county of Baldwin, and state of Georgia, executors of the last will and testament of JOHN SMITH, late of Milledgeville aforesaid, of the second part: I lcreas, the said JOHN DOE is justly indebted to the said parties of the second part in the sum of ten thousand dollars, lawful money of the United States, secured to be paid by his certain bond or obligation, bearing even date with these presents, in the penal sum of twenty thousand dollars, lawful money as aforesaid, conditioned for the payment of the said firstmentioned sum of ten thousand dollars, on the first day of January, in the year one thousand eight hundred and fiftysix, with interest thereon at the rate of six per cent. per annum, payable semi-annually, as by the said bond or obligation and the condition thereof, reference being thereunto had, may more fully appear. * This insurance clause may be omitted at pleasure. MORTGAGES. 77 Noat tbi Inb nentnre wittneett)l, that the said party of the first part, for the better securing the payment of the said sum of money mentioned in the condition of the said bond or obligation, with interest thereon, according to the true intent and meaning thereof, and also for and in consideration of the sum of one dollar to him in hand paid by the said parties of the second part, at or before the ensealing and delivery oi these presents, the receipt whereof is hereby acknowledged, has granted, bargained, sold, aliened, released, conveyed, and confirmed, and by these presents doth grant, bargain, sell, alien, release, convey, and confirm, unto the said parties of the second part, and the survivors and survivor, and their assigns, for ever, all that, &c. [here describe the property mortgaged]; together with all and singular the tenements, hereditaments, and appurtenances, thereunto belonging or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof: and also all the estate, right, title, interest, property, possession, claim, and demand whatsoever, as well in law as in equity, of the said party of the first part, of, in, and to the same, and eve-y part and parcel thereof, with the appurtenances. o t)ave anb to bolh all and singular the above granted, bargained, and described premises, with the appurtenances, unto the said parties of the second part, the survivors and survivor, and their assigns, to their only proper use, benefit, and behoof, for ever: PROVIDED ALWAYS, and these presents are upon this express condition, that if the said party of the first part, his heirs, executors, or administrators, shall well and truly pay unto the said parties of the second part, the survivors or survivor, or their assigns, the said sum of money mentioned in the condition of the said bond or obligation, and the interest thereon, at the time and in the manner mentioned in the said condition, according to the true intent and meaning thereof, that then these presents, and the estate hereby granted, shall cease, determine, and be null and void. And the said JOHN DOE, for himself, his heirs, executors, and administrators, doth covenant and agree to pay unto the said parties of the second part, the survivors or survivor, or their assigns, the said sum of money, and interest, as mentioned above, and expressed in the condition of the said bond. in witnees iljereof, &c. [as in No. 54]. 7* 78 MORTGAGES. No, 63.-Mortgage to secure a Note. laiz Itnbventlte, made the tuelfth day of October, in the year of our Lord one thousand eight hundred and fifty, between JOHN DOE, of Iowa City, in the county of Johnson, and state of Iowa, of the first part, and RICHARD ROE, of the town of Galena, in the county of Jo Daviess, and state of Illinois, of the second part: 0titnrsetll, that the said party of the first part, in consideration of the sum of seven hundred and ten dollars, lawful money of the United States, to him in hand paid, the receipt whereof is hereby acknowledged, hath granted, bargained, sold, aliened, remised, released, conveyed and confirmed, and by these presents doth grant, bargain, sell, alien, remise, release, convey, and confirm, unto the said party of the second part, and to his heirs and assigns for ever, all that, &c. [here describe the property mortgaged], together with all and singular the tenements, hereditaments, and appurtenances, there unto belonging or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and also all the estate, right, title, interest, claim, and demand whatsoever, as well in law as in equity, of the said party of the first part, of, in, and to the same. Io 1)atl anti tor )olb the above granted and described premises, with the appurtenances, unto the said party of the second part, his heirs and assigns, to his and their own proper use, benefit, and behoof, for ever: PROVIDED ALWAYS, and these presents are upon this condition, that if the said party of the first part shall well and truly pay his certain promissory note, bearing even date herewith, given to the said party of the second part for the sum of seven hundred and ten dollars, lawful money as aforesaid, according to the tenor of said note, then these presents shall become void, and the estate hereby granted shall cease and utterly determine. ln iitntzets rIereof, the said party of the first part to these presents has hereunto set his hand and seal the day and year first above written. JOHN DOE (seal). Sealed and delivered in the presence of ) JOHN SMITH, JOHN JONES. MORTGAGES. 79 No. 64.-Mortgage on Lease, with Covenant to Insure. lI)ig Jntbentnre, made the seventh day of November, in the year one thousand eight hundred andf/fty, between JOIN Dot, of the city of New York, in the county of NIew York, and state of New York, and RICHARD ROE, of the same place, parties of the first part, and JOHN SMITH, of the village of Witl'^amsburgh, in the county of Kings, and state of New York, of the second part: XbhJervea, JOHN JONES did, by a certain indenture of lease, bearing date thefirst day of August, in the year one thoussand eight hundred and fifty, demise, lease, and to farm let, unto the said parties of the first part, and to their executors, administrators, and assigns, all and singular the premises hereinafter mentioned and described, together with their appiurtenances: to }t(t aIlb to 1to1l the same unto the said parties of the first part, and to their executors, administrators, and assigns, foi and during and until the full end and term of twenty-one years, from the first day of August last, and fully to be complete and ended, yielding and paying therefor unto the said JOHN JONES, and to his heirs, executors, administrators, or assigns, the yearly rent or sum of one hundred dollars: and whereas, the said parties of the first part are justly indebted to the said party of the second part, in the sum of five hundred dollars, lawful money of the United States, secured to be paid by their certain bond or obligation bearing even date with these presents, in the penal sum of one thousand dollars, lawful money as aforesaid, conditioned for the payment of the first-mentioned sum of five hundred dollars, as by the said bond or obligation and the condition thereof, reference being thereunto had, may more fully appear: NomQ ttlis Jnbetttre titnessetl], that the said parties of the first part, for the better securing the payment of the said sum of money mentioned in the condition of the said bond or obligation, with interest thereon, according to the true intent and meaning thereof, and also for and in consideration of the sum of one dollar, to them in hand paid by the said party of the second part, at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, have granted, bargained, sold, assigned, transferred, and set over, and by these presents do grant, bargain, en MORTGAGES. sell, assign, transfer, and set over, unto the said party of the second part, all that certain piece, parcel, or lot of land, situate in the city of New York, in the county of New York, and state of New York, and which is known and described as follows, namely [here describe the land], together with all and singular the edifices, buildings, rights, members, privileges, and appurtenances, thereunto belonging or in any wise appertaining: and also all the estate, right, title, interest, term of years yet to come and unexpired, property, possession, claim, and demand whatsoever, as well in law as in equity, of the said parties of the first part, of, in, and to the said demised premises, and every part and parcel thereof, with the appurtenances: and also the said indenture of lease, and every clause, article, and condition, therein expressed and contained. o0 I)ave anb to tloti the said indenture of lease, and other hereby granted premises, unto the said party of the second part, his executors, administrators, and assigns, to his and their only proper use, benefit, and behoof, for and during all the rest, residue, and remainder, of the said term of years yet to come and unexpired: subject, nevertheless, to the rents, covenants, conditions, and provisions, in the said indenture of lease mentioned: PROVIDED ALWAYS, and these presents are upon this express condition, that if the said parties of the first part shall well and truly pay unto the said party of the second part the said sum of money mentioned in the condition of the said bond or obligation, and the interest thereon, at the time and in the manner mentioned in the said condition, according to the true intent and meaning thereof, that then and from thenceforth these presents, and the estate hereby granted, shall cease, determine, and be utterly null and void, anything herein before contained to the contrary in any wise notwithstanding. And the said parties of the firstpart do hereby covenant, grant, promise, and agree to and with the said party of the second part, that they shall well and truly pay unto the said party of the second part, the said sum of money mentioned in the condition of the said bond or obligation, and the interest thereon, according to the condition of the said bond or obligation; and that the said premises hereby conveyed now are free and clear of all encumbrances whatsoever, and that they have good right and lawful authority to convey the same in manner and form hereby conveyed: and if default shall be made in the payment of the said sum of money above mentioned, or in the interest fMORTGAGES. 81 which shall accrue thereon, or of any part of either, that then and from thenceforth it shall be lawful for the said party of the second part, and his assigns, to sell, transfer, and set over, all the rest, residue, and remainder, of the said term of years then yet to come, and all other the right, title, and interest, of the said parties of the first part, of, in, and to the same, at public auction: and as the attorney of the said parties of the first part, for that purpose by these presents duly authorized, constituted, and appointed, to make, seal, execute, and deliver to the purchaser or purchasers thereof, a good and sufficient assignment, transfer, or other conveyance in the law, for the same premises, with the appurtenances; and out of the money arising from such sale, to retain the principal and interest which shall then be due on the said bond or obligation, together with the cost and charges of advertisement and sale of the same premises, rendering the overplus of the purchase money (if any there shall be) unto the said parties of the first part, or their assigns; which sale, so to be made, shall be a perpetual bar, both in law and equity, against the said parties of the first part, and against all persons claiming or to claim the premises, or any part thereof, by, from, or under them, or any of them. [And it is also agreed by and between the parties to these presents, that the said parties of the first part shall and will keep the buildings erected and to be erected upon the lands above conveyed, insured against loss and damage by fire, by insurers, and in an amount approved by the said party of the second part, and assign the policy and certificates thereof to the said party of the second part; and in default thereof, it shall be lawful for the said party of the second part to effect such insurance, and the premium and premiums paid for effecting the same shall be a lien on the said mortgaged premises, added to the amount of the said bond or obligation, and secured by these presents, and payable on demand, with interest, at the rate of seven per cent. per annum.]* In titneos uIttereof, the parties of the first part to these presents have hereunto set their hands and seals the day and year first above written. Sealed and delivered in the presence of JOHN DOE (seal). JOHN GATES, RICHARD ROE (seal). JOHN STONE. * This clause can be omitted when not required 82 DOWER DOWER. DOWER is the interest which the law allows a wife in the lands of her husband, in the event of her surviving him. It is generally the right to have the one third part in value of the lands of her husband set off to her for her use during her natural life, but which she can not dispose of for a longer period than her life. The rights of the wife in personal property depend on the statute regulations of the states. If the husband by his will devise a legacy to her in lieu of her dower, she has the right to choose which she will take, the dower or the legacy. In case of an exchange of lands, the widow must elect whether she will take her dower in the lands given in exchange or in those taken in exchange. An assignment of dower is a conveyance, by the heirs, of a certain part of the lands to the widow for life, in lieu and satisfaction of her dower interest in the whole. Never take a conveyance of real estate from a married man without seeing that his wife joins in the conveyance, and properly acknowledges it, according to the laws of your state, before the proper officer. If she be not twenty-one years of age, she can not bar her right of dower, in which case it will be of no use for her to join in the conveyance. As to acknowledgments by the husband and wife, see the respective states. A female wishing to secure the property she may possess, so as to enjoy the benefit of it after marriage, free from the control and liabilities of her husband, can effect her purpose by conveying it to a third person in trust for her benefit. If a husband wishes to convey property to a wife, he can do so by conveying to some friend in trust fo'r her benefit. Such a conveyance would be set aside on the application of creditors whose rights were prejudiced by it, but they will secure the property to the wife against everybody else. DOWER. No. 65.-Assignment of Dower. l1is n1tbclttre, made the thiirtieth clay of Nov.embier, in the year one thousand eight hundred andfift/, between JolHN DOE, of the towvn of' lMorristown, in the county of 3Morris, and state of New Jersey, and RIchARD DOE, of the town of Ra4way, in the county of Essex, and state of New Jersey, sole heirs of WVILLIAMI DOE, late of M/orristown aforesaid, now deceased, parties of the first part, and SUSAN )DE, of lMorristown aforesaid, widow and relict of the said WILLIAM DOE, deceased, of the other part: iXlcreas, the said WILLIASM DOE was seized at the time of his decease in fee simple of certain lands and tenements, which, upon his decease aforesaid, descended to the said JOHN DOE and RIcHARD DOE, his sole heirs at lawNow tlii Inbenttnre toitnessett}, that the said JOHN DOE and RICHARD DOE have set off and assigned, and by these presents do set off and assign, unto the said SUSAN DOE, all that, &c. [here describe the premises assigned]: Co jbave anub to Iotb the same, with all the tenements and appurtenances thereunto belonging, unto the said SUSAN DOE, for and during the term of her natural life, as and for her dower, and in lieu of and full satisfaction of all her dower and claim of dower, in the lands of which the said WILLIAM DOE died seized. And the said SUSAN DOE hereby signifies her acceptance of the premises so set off and assigned to her, as and for her dower and in full satisfaction of all her dower and claim of dower in the lands whereof the said WILLIAM DOE, her late husband, died seized. jt1 Witnettss tereof, the parties to these presents have hereunto set their hands and seals the day and year first above written. Signed, sealed, and deliv- JOHN DOE (seal). ered, in presence of RICHARD DOE (seal). HENRY HIGGINS, SUSAN DOE (seal). JAMES SHORT. 84 DOWER. No. 66.-Release of Dower. To all to wllom tlhee 3retenfts 6Sall rcme, SUSAN DoE, of the city of Pittsburgh, in the county of Allegany, and state of Pennsylvania, widow and relict of JOHN DOE, late of the same place, deceased, sends greeting: KNOW YE, that the said SUSAN DOE, the party of the first part to these presents, for and in consideration of the sum of five hundred dollars, lawful money of the United States, to her in hand paid at or before the ensealing and delivery of these presents, by RICHARD DOE, of the city of Wheeling, in the county of Ohio, and state of Virginia, of the second part, the receipt whereof is hereby acknowledged, hath granted, remised, released, and for ever quit-claimed, and by these presents doth grant, remise, release and for ever quit-claim, unto the said party of the second part, his heirs and assigns for ever, all the dower and thirds, right and title of dower and thirds, and all other right, title, interest, property, claim, and demand whatsoever, in law and equity, of her, the said party of the first part, of, in, and to all that certain piece or parcel of land, &c. [here describe the premises]; so that she, the said party of the first part, her heirs, executors, administrators, or assigns, nor any other person or persons, for her, them, or any of them, shall not have, claim, challenge, or demand, or pretend to have, claim, challenge, or demand, any dower or thirds, or any other right, title, claim, or demand whatsoever, of, in, and to the same, or any part or parcel thereof, in whosoever hands, seisin, or possession, the same may or can be, and thereof and therefiom shall be utterly barred and excluded for ever by these presents. In tuitneS tuljereof, the said party of the first part to these presents hath hereunto set her hand and seal, the first day of November, in the year of our Lord one thousand eight hanldred ad fifty. SUSAN DOE (seal) Scaled and delivered in the presence of ) PETER PEPPER, JOHN STONE. ( LANDLORL AND TENANT 85, LANDLORD AND TENANT. A landlord is one who lets or leases property. A tenant is the person to whom it is leased. A lease is a contract whereby the owner of property conveys the use of it to another for a limited time, at a stipulated rent or consideration, payable at specified periods. In drawing a lease, care should be had that all the conditions and liabilities on which the premises are granted and taken are clearly specified in it. An under-lease is the contract whereby a tenant leases his leasehold property to some third person, who is called an under-tenant. Leases should be in writing, They are of four kinds, namely:Lease for years; - Lease for life; - Lease at will; - Lease by sufferance; A lease for years is a lease for a certain number of years specified in the lease. A lease for life is a lease for either the life of the tenant, or of some other person or persons. A lease at will is where the tenantry exists only during the will of either of the parties. A lease by suferance is when the tenant's lease has expired, and he continues to remain iu possession. He is then tenant by the sufferance of the landlord. 8 86 LANDLORD AND TENANT. No. 67.-Short Form of Lease. 1)bis Jnbentttt, made the first day of April, in the year one thousand eight hundred and fifty, between JOHN DOE, of the city of New York, in the county of New York, and state of New York, of the first part, and RICHARD ROE, of the same place, of the second part —* - bitltesetlj, that the said party of the first pa"t hath letten, and by these presents doth grant, demise, and to farm let, unto the said party of the second part, all that, &c. [7ere describe the premises intended to be let], with the appurtenances, for the term of twenty years, from the first day of lMay, one thousand eight hundred and fifty, at the yearly rent or sum of two hundred dollars, to be paid in equal quarter yearly payments. And it is agreed that if any rent shall be due and unpaid, or if default shall be made in any of the covenants herein contained, then it shall be lawful for the said party of the first part to re-enter the said premises, and to remove all persons therefiom. And the said party of the second part doth covenant to pay to the said party of the first part the said yearly rent as herein specified, namely, in quarter yearly payments on the first day of August, November, February, and May, in each and every year: and that at the expiration of the said term, the said party of the second part will quit and surrender the premises hereby demised in as good state and condition as reasonable use and wear thereof will permit, damages by the elements excepted: and the said party of the first part doth covenant that the said party of the second part, on paying the said yearly rent, and performing the covenants aforesaid, shall and may peaceably and quietly have, hold, and enjoy, the said demised premises for the term aforesaid. Jn toitnecs mbreof, we have hereunto set our hands and seals, this first day of April, one thousand eight hundred and fifty. Sealed and delivered in the presence of JOHN DOE (seal). JOHN SMITH, RICHARD ROE (seal). PETER JONFS. LANDLORD AND TENANT. 87 No. 68.-Lease: Tenant to pay Taxes, and not to underlet without Consent of the Landlord, under his Hand and Seal. tAig Itnbenttre, &c. [as in No. 67 to * ]tJitnesttb, that the said party of the first part, in considerati in of the rents and covenants hereinafter reserved and contained, on the part and behalf of the said party of the second part, to him, his executors, administrators, and assigns, to be paid, kept, and performed, hath granted, demised, and to farm let, and by these presents doth grant, demise, and to farm let, unto the said party of the second part, all that, &c. [here describe the property]. o a tave anb ho 1olb the said above mentioned and described premises unto the said party of the second part, his executors, administrators, and assigns, from the first day of May, in the year of our Lord one thousand eight hundred and fifty, for and during, and until the full end and term offive years, from thence next ensuing, and fully to be complete and ended; yielding and paying for the same unto the said party of the first part, or to his heirs or assigns, the rent or sum of three hundred dollars, lawful money of the United States, yearly and every year, during the said term, in equal quarter yearly payments, to be made on the first day of August, November, February, and MIay, in each and every year, during the term hereby demised, the first payment to be made on the first day of August next: PROVIDED ALWAYS, that if it shall happen that the said yearly rent or any part thereof, shall not be paid on any day on which the same ought to be paid, as aforesaid, then, and at all times thereafter, it shall and may be lawful for the said party of the first part, his heirs and assigns, into the said demised premises, or any part thereof, in the name of the whole, to re-enter and to re-possess, have, and enjoy the same again, as of his or their former estate and interest therein, anything herein contained to the contrary in any wise notwithstanding. And the said party of the second part, for himself, his executors, administrators, and assigns, doth by these presents covenant and grant, to and with the said party of the first part, his heirs and assigns, in manner following, that is to say: that he, the said party of the second part, his executors, administrators, and assigns, shall and will, during the term hereby demised, well and truly pay unto the said party of the first part, his heirs or assigns, the said yearly rent hereby reserved, 88 LANDLORD AND TENANT. at the days and times herein before limited for the payment thereof, without fraud or delay. And also, that he, the said party of the second part, his executors, administrators, or assigns, shall and will, at his and their own proper costs and charges, bear, pay, and discharge, all such duties, taxes, assessments, and payments, extraordinary as well as ordinary, as shall during the time hereby demised be laid, levied, assessed, or imposed on, or grow due or payable out of, or for, or by reason of the said demised premises, or any part thereof: and also, that he, the said party of the second part, himself, his executors, administrators, or assigns, or any of them, shall not, nor will, at any time or times hereaft.r, during the term hereby granted, lease, let, or demise, all or any part of the said premises hereby demised, nor assign, transfer, or make over the same, or this present lease, or any of his or their term or time therein to any person or persons whomsoever, without the consent of the said party of the first part, his heirs or assigns, in writing, under his or their seal, for that purpose first had and obtained, anything herein before contained to the contrary thereof in any wise notwithstanding: and also that he, the said party of the second part, his executors, administrators, or assigns, or some or one of them, shall and will, on the last day of the term hereby demised, or other sooner determination of the estate hereby granted, well and truly deliver up the said hereby demised premises, in good and sufficient order, into the possession of the said party of the first part, his heirs or assigns, without fiaud or delay. AND PROVIDED FURTHER, and this present lease is upon this express condition, that if the said party of the second part, his executors, administrators, or assigns, at any time during the term hereby granted, shall fail in the performance of any or either of the covenants, conditions, or provisoes, in these presents contained, which, on the part and behalf of the said party of the second part, his executors, administrators, and assigns, are or ought to be observed, performed, fulfilled, and kept; then, and at all times thereafter, it shall and may be lawful for the said party of the first part, his heirs and assigns, into the said demised premises, or any part thereof, in the name of the whole, to re-enter and re-possess, have, and enjoy the same again, as of their former estate and interest therein, anything herein contained to the contrary in any wise notwithstanding. — n witne wtijerof, &c. [as in No. 671. LANDLORD AND TENANT. 89 No. 69.-Agreement to Let, with Covenant not to Underlet. Il4i0 2lgreement, made the sixteenth day of February, in the year one thousand eight hundred andfifty-one, between JOHN DOE, of the city of Brooklyn, in the county of Kings, and state of New York, of the first part, and RICHARD Rot, of the same place, of the second part{bitneststl, that the said party of the first part hath agreed to let, and hereby doth let, and the said party of the second part hath agreed to take, and hereby doth take, that certain lot or parcel of land lying and being situated on the north side of Franklin street, known and at present numbered as twenty-one, in the third ward of the city of Brooklyn aforesaid, together with the two-story brick dwelling and other appurtenances thereunto belonging, for the term of one year, to commence on the first day of May, one thousand eight hundred and fifty-one, and to end on the first day of May, one thousand eight hundred andfifty-two. And the said party of the second part hereby covenants and agrees to pay unto the said party of the first part the yearly rent or sum of three hundred dollars, payable quarterly on the first days of August, November, February, and May, in each year, and to quit and surrender the premises at the expiration of the said term, in as good state and condition as reasonable use and wear thereof will permit, damages by the elements excepted. And the said party of the second part further covenants that he will not assign, let, or underlet, the whole or any part of the said premises, without the writ. ten consent of the said party of the first part, under the penalty of forfeiture and damages; and that he will not occupy the said premises, nor permit the same to be occupied for any business deemed extra-hazardous without the like consent, under the like penalty: and the said party of the second pait further covenants that he will permit the said party of the first part or his agent to enter said premises for the purpose of making repairs or alterations, and also to show the premises to persons wishing to hire or purchase; and on and after the first day of February next will permit the usual notice of " to let" or " for sale" to be placed upon the walls of said premises, and remain thereon, without hinderance or molestation: and also, that if the said premises or any part thereof shall become vacant during the said term, the said party of 8* 90 LANDLORD AND TENANT. the first pa l. may re-enter the same, by either force or other wise, witho it being liable to any prosecution therefor; ant re-let the said premises as the agent of the said party of the second part, and receive the rent thereof, applying the same first to the payment of such expense as he may be put to i) re-entering, and then to the payment of the rent due by these presents; and the balance (if any) to be paid over to the said party of the second part. And the said party of the second part hereby further covenants that if any default be made in the payment of the said rent, or any part thereof; at the times above specified, or if default be made in the performance of any of the covenants or agreements herein contained, the said hiring, and the relation of landlord and tenant, at the option of the said party of the first part, shall wholly cease and determine; and the said party of the first part shall and may re-enter the said premises, and remove all persons therefrom; and the said party of the second part hereby expressly waives the service of any notice in writing of intention to re-enter. In wittUS tlereof, &c. [as in No. 67]. Jn cotniberation of the letting of the premises above mentioned to the above-named RICHARD ROE, I do hereby coverant and agree, to and with the party of the first part above named, and his legal representatives, that if default shall at any time be made by the said RICHARD ROE in the payment of the rent and performance of the covenants above contained on his part to be paid and performed, that I will well and truly pay the said rent, or any arrears thereof, that may remain due unto the said party of the first part, and also all damages that may arise in consequence of the nonperformance of said covenants, or either of them, without requiring notice of any such default from the said party of tne first part. tOitnes my hand and seal, this sixteenth day of Febru. ary, one thousand eight hundred and fifty-one. THOMAS SHARPE. Witness JOHN STONE, JOHN SMITH. LANDLORD AND TENANT. 91 No. 70.-Tenant's Agreement.* T)bii i% to tertify, that I have hired and taken of JOfIN SaITHI, of the village of Smitktown, in the county of Saginaw, and state of M7Iichigan, a house and lot known as number twentyone, Smith street, in the village of Smithtown aforesaid, for the term of one year from the first day of June, one thousand eight hundred and fifty, at the yearly rent of two hundred dollars, payable quarter yearly. And I hereby promise to make punctual payment of the rent in manner aforesaid, and quit and surrender the premises at the expiration of the said term, in as good state and condition as reasonable use and wear thereof will permit, damages by the elements excepted, and engage not to let or underlet the whole or any part of the said premises, without the written consent of the landlord, under the penalty of forfeiture and damages; and also not to occupy the said premises for any business deemed extra-hazardous without the like consent, under the like penalty. 0(ititn under my hand and seal, the tenth day of May, one thousand eight hundred and fifty. JOHN DOE (seal). Witness JAMES SHORT, Witness. T' JOHN JONES. No. 71. —Landlord's Agreement Zllit is to (tertifn, that I have let and rented unto JOHN DOE, of the village of Smithtown, in the county of Saginaw, and state of M/ichigan, my house and lot known as nunmber twenty-one, Smith street, in the village of Smithtown aforesaid, for the term of one year from the first day of June, one thousand eight hundred and fifty, at the yearly rent of two hundred dollars, payable quarter yearly. The premises are not to be used or occupied for any business deemed extrahazardous, on account of fire, nor shall the same or any part thereof be let or underlet without the written consent of the landlord, under the penalty of forfeiture and damages. Sitveti under my hand and seal, the tenth day of May, one thousand eight hundred and fifty. JOHN SMITH. Wites JAMES SHORT, Witness JOHN JONES. * If a surety is required, as security for the payment of the rent, the one appended to No. 69 can be added. 92 LANDLORD AND TENANT. No. 72.-Agreement for Letting, with Mortgage on Personal Property to secure the Rent. Zl)is %greemtnnt, made the seventh day of July, in the year one thousand eight hundred andfifty, between JOHN DOE, of the city of Boston, in the county of Suffolk, and state of Massachusetts, of the first part, and RICHARD ROE, of the same place, of the second partWlitne set], that the said party of the first part hath agreed to let, and hereby doth let, and the said party of the second part hath agreed to take, and hereby doth take [here describe the premises], for the term of three years, to commence on the first day of August, one thousand eight hundred and fifty, and to end on the thirty-first day of July, one thousand eight hundred and fifty-three. And the said party of the second part hereby covenants and agrees to pay unto the said partyof the first part the yearly rent or sum of four hundred dollars, payable quarter yearly, that is to say, on the first day of November, February, May, and August, of each and every year, and to quit and surrender the premises at the expiration of the said term, in as good state and condition as reasonable use and wear thereof will permit, damages by the elements excepted; and not assign, let, or underlet, the whole or any part of the said premises, or occupy the same for any business deemed extra-hazardous, without the written consent of the said party of the first part, under the penalty of forfeiture and damages. And the said party of the second part hereby further covenants, that if any default be made in the payment of the said rent, or any part thereof, at the times above specified, the said party of the first part shall and may re-enter the said premises, and remove all persons therefr6m. And the said party of the second part, for the consideration aforesaid, and for the sum of one dollar to him paid by the said party of the first part, doth grant, bargain, and sell, unto the said parties of the first part, all and singular the goods and chattels mentioned in the schedule hereto annexed.* o l)bave anbt to hllb the said goods and chattels for ever: UPON CONDITION, that if the said party of the second part shall well and truly pay, or cause to be paid, unto * See page 50 for plan of schedule. LANDLORD AND TENANT. 93 the said party of the first part the rent above reserved punctually, at the several times when the same shall become due as aforesaid, then the said bargain and sale shall be null and void. But in case default shall be made in the payment of the said rent, or any part thereof, at the several times mentioned as aforesaid, and shall remain unpaid five days after the same becomes due and payable, then it shall be lawful for the said party of the first part to take possession of the said goods and chattels, wherever the same may be found, and to sell the same at public sale (first giving three days' notice of the time and place of such sale), or so much thereof as may be necessary to pay the rent due, and the balance of rent for the whole unexpired term, whether due or not due, and all costs and expenses that may have accrued on account thereof, rendering the remaining goods and chattels, and the surplus money from said sale, if any there shall be, unto the said party of the second part.;anb it i' furtther agree between the parties to these presents, that in case the said party of the second part shall sell, assign, or dispose of, or attempt to sell, assign, or otherwise dispose of the said goods and chattels, or shall attempt to remove the same from the premises hereby demised to the said party of the second part, it shall and may be lawful for the said party of the first part to take possession of the same, and retain them in his possession until the said rent shall be paid, or until default in the payment thereof. But until default be made in the payment of the said rent, the said goods and chattels (unless the said party of the second part shall sell, or attempt to sell or remove the same, as aforesaid) shall remain in the possession of the said party of the second part. jn Mwitn t wlereof, the parties to these presents have hereunto set their hands and seals the day and year first above written. Signed, sealed, and deliv- ered, in presence of JOHN DOE (seal). PETER PENNY, RICHARD ROE (seal HIRAM JACOBS. A 94 LETTERS OF CREDIT AND LICENSE. LETTER OF CREDIT. THIS is a letter frequently given by a person of known responsibility to a friend, to enable that friend to procure goods on time. It is usually somewhat in this form:No. 73.-Form of Letter of Credit. HAMILTON, CANADA WEST, | October 15, 1850. MESSRS. JOHN SMITH & Co.-Gentlemen: Please deliver to RICHARD ROE, of this place, goods, silks, and merchandise, to any amount not exceedingfive thousand dollars, and I will hold myself accountable to you for the payment of the same, in case Mr. ROE should fail to make payment therefor. You will please to notify me of the amount for which you may give him credit; and if default should be made in tle payment, let me know it immediately. I am, gentlemen, your most ob't servant, JOHN DOE. Messrs. JOHN SMITH & Co., No - Broadway, New York. LETTER OF LICENSE. A letter of license is an agreement by creditors to permit a debtor, when he is not able to pay his debts at the time due, to carry on his business without molestation. It does not release the debts, or prevent creditors who have not signed it from collecting their claims in the usual method. No. 74.-Agreement not to sue a Debtor. inowr all Mten b 1 tlJee lpreents, that whereas JOHN LtoE, of the city of Baltimore, in the county of Baltimore, and LETTER OF LICENSE. 95 state of Maryland, is justly indebted to us, RICHARD ROE, JoHN JONES, THOMAS SHARPE, and HENRY SMITH, in divers sums of money, which the said JOHN DOE is unable to pay: Now, therefore, we do hereby grant unto the said JOHN DOE full liberty and license to attend to, follow, and negotiate, any business or affairs whatsoever, without any suit, trouble, or hinderance from us, or any of us, for the space of two years from the date hereof. And we and each of us, for ourselves, our and each of our heirs, executors, administrators, and assigns, for and in consideration of the agreement and covenant of the said JOHN DOE hereinafter contained, do covenant and agree with the said JOHN DOE, that we will not, nor will either or any of us, at any time during the said space of two years, sue, prosecute, arrest, molest, or trouble the said JOHN DOE, in respect or on account of any debts now by him due to us or any or either of us. And the said JOHN DOE, in consideration of the foregoing covenant and agreement, for himself, his heirs, executors, or administrators, covenants and agrees with the creditors aforesaid, that he will faithfully apply all moneys, property, and effects, that he may earn or procure during the said term of two years, to the payment of his debts owing to the creditors aforesaid, in proportion to the amount due and owing to each. t311 itneC tt ereof, we have Lereunto set our hands and seals, this first day of April, one thousand eight hundred and fifty. RICHARD ROE, JOHN JONES, THOMAS SHARPE, HENRY SMITH. Witns s JOHN STONE, JOHN SMITH. 96 MARRIAOE. MARRIAGE. MARRIAGE is a civil contract entered into by persons capable of consenting thereto. It can not be entered into by idiots or lunatics. When procured by force or fraud, it is also void. Marriage is likewise prohibited between near relations. The parties must be of the age of consent, which is generally fourteen in males and twelve in females. No peculiar ceremonies are requisite by the common law to the valid celebration of the marriage rite, but it is advisable that the contract should be entered into in the presence of some clergyman or civil magistrate. In all cases be sure to take a certificate of the marriage: it is of much importance to have that certificate in case of necessity. No. 75.-Form of Marriage The parties having joined hands, say: By this act of joining hands, you do now assume toward each other the relation of husband and wife, and do solemnly promise, as such, to love, honor, and cherish each other, so long as you both shall live. "I therefore pronounce you to be henceforth husband and wife." No. 76. —Marriage Certificate. State of Massachusetts, ) bo lerebp fertifp, that on County of Franklin, the first day of July, in the yeai Town of Deerfield. of our Lord one thousand eight hundred and fifty, at the house of JOHN JONES, in said town JOHN DOE, of the city of Boston, in the county of Suffolk and state of Massachusetts, and HARRIET E. JONES, of the city aforesaid, to me personally known [or proved by the oath of John Jones aforesaid] to be the persons described in thinI, JUDGMENT NOTE. 97 certificate, were by me joined together with their mutual consent in the bonds of wedlock; and I did first ascertain that the said parties were of sufficient age to consent to the same. which marriage took place in the presence of JOHN SMITH and JOIN STONE, subscribing witnesses hereto. Witness my hand and seal, thisfirst day of July, one thousand eight hundred and fifty. HENRY HOPE, Pastor of First - Church in Deeifiell. Marriage celebrated in JOHN SMITH, presence of us, JOHN STONE. JUDGMENT NOTE. THIS note enables the holder, in some of the states, to enter up judgment thereon without suit, if it be not paid when it is due. No. 77.-Form of Judgment Note. $1i000. obtr Yalie retceiveb, I promise to pay to RICHARD ROE, or order, the sum of one thousand dollars, thirty days after date; and I hereby nominate, constitute, and appoint the said RICHARD ROE, or any attorney-at-law of this state, my true and lawful attorney, irrevocable, for me and in my name to appear in any court of record of this state, at any time after the above promissory note becomes due, and to waive all process and service thereof, and to confess judgment in favor of the holder hereof for the sum that may be due and owing hereon, with interest and costs, and waiving all errors, &c. Jn mitnems mtoerecf, I have hereunto set my hand and seal, at the city of Chicago, in the county of Cook, and state of Illinois, this first day of July, one thousand eight hundred and fifty. JOHN DOE (seal). Sealed and delivered in the presence of ) JOHN SMITH, JOHN JONES. ( CO 98 PROMISSORY NOTES. PROMISSORY NOTES. A promissory note is an absolute engagement in writing to pay a specified sum at a certain time to a person named or to his order, or to the bearer. The signer of the note is called the maker; the one to whom it is made payable, the payee; and he to whom the payee makes it payable by endorsement, is called the endorsee; he who endorses the note, the endorser. A consideration must be given for a note to make it valid, as between the maker and payee; but any one who has given value for it, before it had become due, and not knowing that it was originally made without consideration, can recover on it against all the antecedent parties to the note. The words " value received" should be inserted in a promissory note, so as to express a consideration for the promise. But he who receives a promissory note for a consideration oefore given, for instance as security for a precedent debt, does not give value for it, and is in no better position than the payee. A negotiable note is one that is transferable without, o7 ji made transferable by endorsement. A note negotiable by the laws of the state where it is made is negotiable elsewhere The most usual methods of draying notes are on demand, or at a certain time after date; either payable only to the person named, or to his order, or to bearer, or in a specified commodity. A note payable to the person named, where the words, to order, or to bearer, are omitted, is not negotiable; if payable to order, it is negotiable by the payee endorsing it by writing his name on the back of the note, in which case the payee is liable to the holder if it is not paid by the maker, provided he have due notice thereof. If payable to bearer, the holder can demand payment without endorsing it. Any payee who desires to transfer a note by endorsement, without incurring any responsibility, can do so by endorsing PROMISSORY NOTES. 99 the note in this manner: " Without recourse to me, JOHN DOE." If he wishes to make it payable to a third party specially, he can do so by endorsing it thus: " Pay the within to JOHN JONES, or order, JOHN DOE;" John Jones must then endorse it in order to transfer it to another person. A note running thus, "I promise to pay," and signed by two parties is joint and several, and may be collected of either party; if it is desired to make only a joint note, write it thus, "We jointly and not severally promise." If a note is made payable to the order of two or more persons who are not partners, they must each and all endorse it, in order to make a valid transfer. A note negotiated after it is due is subject to any offset the maker of the note may have against the person to whom it is made payable. The words " without defalcation or discount," must be inserted in notes in New Jersey and Pennsylvania. In those states a note in which these words are not inserted is subject to the same disabilities as a note that is past due. Promissory notes are entitled, like bills of exchange, to three days of grace, and payment should be demanded on the last day of grace. Custom, and the statute in some states, make a note falling due on Sunday payable the day previous. Demand of payment should be made of the maker on the day when the note is due, and if not paid, notice should be immediately given to all the endorsers, if this is not done they will be discharged from their liability. If the words " with interest" are omitted in a note, it will not draw interest before the time at which it is due. If it is not paid when due, it will draw legal interest from that time. If the note is payable on demand, it will draw interest from the time payment is demanded. If a note is made payable in a specified commodity payment must be offered at the time required, otherwise the holder can demand its value in money. (This rule is equally applicable in all contracts for barter.) The holder of a note need not accept a sum less than the whole amount due, but if he does, he should credit the 100 PROMISSORY NOTES. amount received on the back of the note. The rate of interest allowed on money past due, is the legal rate of the state in which the paper is drawn. When a note has been lost it is advisable to give the fact all the publicity possible, so that the public may be prevented from purchasing it; yet if it get into the hands of one who paid value for it in good faith, it must be paid, unless its negotiation has been accomplished by forgery. See BILLS OF EXCHANGE, page 40. No. 78.-Note not Negotiable. $610:: New York, November 9, 1850. Twenty Days after date, I promise to pay to Martin W. Goodman, Six Hundred and Ten Dollars, value received. JOHN DOE. No. 79.-Note Negotiable by Endorsement. $250:: New Orleans, Sept. 12, 1850. l' Tcn Days after date, I promise to pay to the order 1 of John Jones, Two Hundred and Fifty Dollars,, value received. n.'~P~ JOHN DOE. No. 80.-Note Negotiable without Endorsement $ 125. 210G Chicago, July 10th, 1850. Three months after date, I promise to pay to ~ James Smith, or bearer, One Hundred and TwentyFive 2oPTth Dollars, value received. JOHN DOE. PROMISSORY NOTES. 101 No. 8L —Joint Negotiable Note, payable at a Bank. $200:: Boston, January 8, 1851. Six months after date, for value received, we promise to pay Henry Reed, or order, Two Hundred Dollars, at the People's Bank, Boston. JOHN DOE, RICHARD ROE. No. 82.-Negotiable Note payable in Merchandise. $ 300:: Philadelphia, Sept. 12, 1850. Sixty Days after date, for value received, I promise 1 to pay without defalcation, to John Jones, or order, 1 Three Hundred Dollars, in merchantable wheat at the current price. JOHN DOE. "Without defalcation" are inserted in notes drawn in Pennsylvania and New Jersey to protect them when due against any offset of the maker. No. 83.-Negotiable Note on Demand. 5 $400:25 New York, INovember 4, 1850. On demand, I promise to pay to the order of E Martin H. Johnson, Four Hundred -5-ath Dollars, value received. JOHN DOE. No. 84.-Note on Demand, with Interest from date, not Negotiable. $150:: Detroit, June 10th, 1850. On demand, I promise to pay to James Smith, One Hundred and Fifty Dollars, with interest from date, value received. JOHN DOE. 9* 102 DUE-BILLS-ORDERS. DUE-BILLS. DUE-BILLS are general informal notes, or memoranda, acknowledging that a certain amount is due to the party to whom they are given. They are frequently given when money or merchandise has been temporarily borrowed, as an evidence of the fact. No. 85.-Form of Due-BilL NEW YORK, October 20, 1850. inte RICHARD ROE, on demand, twenty-five dollars, value received. JOHN DOE. This form may be varied in the same manner as a note, to express time, amount, kind of payment, and who paid to. The same is also true of orders. ORDERS. AN order is a written request by one person to another, to do an act for his own benefit or accommodation, or that of a third party. It has, of course, no value, unless the party to whom it is addressed is willing to perform the act desired. No. 86.-Order for Money. NEW YORK, November 10, 1850. Mr. RICHARD ROE will please pay to JOHN SMITH, or order, twenty-five dollars, on demand, and charge the same to the account of JOHN DOE RECEIPTS. 103 t1o 87.-Order to sell Merchandise. BOSTON, \Novenmber 12, 1850. PLEASE let Mr. THOMAS SHARPE have such merchandiso as he may select, to the amount of one hundred dollars, and charge the same to the account of To RICHARD ROE. JOHN DOE. No. 88.-Order to deliver Goods. CHARLESTON, No.vember 15, 1850. Mr. RICHARD ROE: Please deliver to DUNN BROWN, or bearer, the package of goods belonging to me, and oblige Yours, JOHN DOE. RECEIPTS. A receipt is not conclusive evidence of payment, but it throws the burden of proof upon him who attempts to impeach it. For this reason, no prudent person will part with a receipt until the payment has actually been made. They may be either in full of all demands, for a special account, in part payment of an account, or for a special purpose. The arrangement of the wording of a receipt is not important, if the object and time be distinctly stated in it A general receipt in full of all demands is a discharge of all debts, except special debts under seal. No. 89.-Receipt in FullL BOSTON, June 15, 1850. Received of RICHARD ROE fifty-one dollars, in full of all demands up to this date. JOHN DOE. 104 RECEIPTS. No. 90.-Receipt on Account BOSTON, July 1 1850. Received of RICHARD ROE ten dollars, to apply on account. JOHN DOE. No. 91. —Receipt for a Special Purpose. Received, Boston, July 24, 1850, from RICHARD ROE, on. hundred dollars, to pay the account of JOHN DOE against him. PETER PEPPER. No. 92.-Receipt when Money is paid by a Third Person. BOSTON, July 25, 1850. Received of RICHARD ROE, through PETER PEPPER, one hundred dollars, in full of all demands against RICHARD ROE up to this date. JOHN DOE. No. 93.-Receipt of Interest to be endorsed on a Bond. Received, August 15, 1850, from RICHARD ROE, one hundred and twenty dollars, being the semi-annual interest this day due on the within bond. JOHN DOE. No. 94.-Receipt in full for a Special Account NEW YORK, October 15, 1850. Received from RICHARD ROE two hundred dollars and twenty-five cents, in full of all demands for printing to October 1, 1850. JOHN DOE. PARTNERSHIP. 10o PARTNERSHIP. PARTNERSHIP is a voluntary contract between two or lmore persons, for joining together their money, goods, labor, and skill, or any or all of them, for the purpose of carrying on a lawful business, under an understanding to participate in the profits in certain proportions. They whose names appear to the world as partners are termed ostensible partners. An ostensible partner who has no interest in the firm is called a nominal partner. A nominal partner is liable for all the debts and contracts of the firm. One who has an interest in the firm, but whose name is not published to the world as a partner, is called a dormant or silent partner. Any one who permits his name to be used in a firm, or who shares the profits of the business, is liable to the world as a partner. Each individual of a firm is liable to the whole amount of the debts of the concern. The acts of one partner bind all the others, when done in pursuance of the business of the firm, and in the usual course of that business; but any act not required by the nature of the business will not bind them. There is a contract of partnership known as a special partnership, consisting of one or more persons called general partners, who attend to the carrying on of the business of the concern and are liable to the full amount of the debts of the firm, and of one or more persons called special partners, who are liable only to the amount of the capital they put into the concern. These special partnerships are wholly regulated by statute, and can only be entered into by conforming strictly to the statute regulations of the state where the partnership 106 PARTNERSHIP. is formed. The laws regulating the formation and conduct of special partnerships are so particular, that no prudent man will take any steps in the formation of such a partnership without good legal advice. No. 95.-Article of Copartnership. 2rticle of gtreement, made the first day of January, in the year one thousand eight hundred and fifty-one, between JOHN DOE, of the town of Wilmington, in the county of Newcastle, and state of Delaware, of one part, and RICHARD ROE, of the same place, of the other part, as follows: The said parties above named have agreed to become copartners in the business of wholesale and retail dry goods and groceries merchants, and by these presents do agree-to be copartners together under and by the name or firm of " Don and ROE," in the buying, selling, and vending, all sorts of goods, wares, and merchandise, to the said business belonging, and to occupy the store in the town aforesaid now occupied by said DOE, their copartnership to commence on the first day of August next, and to continuefor three years from that day; and Bo that end and purpose the said JOHN DOE furnishes and puts into the concern the stock in his said store, and two thousand dollars in cash, as part of the capital of the said firm; and the said RICHARD ROE puts into the said frm the sum offive thousand dollars as his portion of the common stock-all which it is agreed is to be used and employed in common between them, for the support and management of the said business, to their mutual benefit and advantage. And it is agreed, by and between the parties to these presents, that at all times during the continuance of their copartnership, they and each of them will give their attendance, and do their and each of their best endeavors, and, to the utmost of their skill and power, exert themselves for their joint interest, profit, benefit, and advantage, and truly employ, buy, and sell merchandise with their joint stock, and the increase.thereof, in the business aforesaid: and also, that they shall and will, at all times during the said copartnership, bear, pay, and discharge equally between them, all rents and other expenses that may be required for the support and management of the said l.usiness; and that all gains, profit, and increaae PARTNERSHIP. 107 that shall come, grow, or arise, from or by means of their said business, shall be divided between them equally; and all loss that shall happen to their said joint business by ill commodities, bad debts, or otherwise, shall be borne and paid between them equally. And it is agreed, by and between the said parties, that there shall be had and kept at all times during the continuance of their copartnership, perfect, just, and true books of account, wherein each of the said copartners shall enter and set down, as well all money by them or either of them received, paid, laid out, and expended, in and about the said business, as also all goods, wares, commodities, and merchandise, by them or either of them bought or sold, by reason or on account of the said business, and all other matters and things whatsoever, to the said business and the management thereof in any wise belonging; which said books shall be used in common between the said copartners, so that either of them may have access thereto, without any interruption or ninderance of the other. And also, the said copartners, once in each and every year, that is to say, on the first day of August in each year, or oftener if necessary, shall make, yield, and render, each to the other, a true, just, and perfect inventory and account of all profits and increase by them, or either of them, made, and of all losses by them, or either of them, sustained; and also of all payments, receipts, disbursements, and of all other things by them made, received, disbursed, acted, done, or suffered, in their said copartnership and business; and the same account so made, shall and will clear, adjust, pay, and deliver, each to the other, at the time, their just share of the profits so made as aforesaid. And the said parties hereby mutually covenant and agree, to and with each other, that during the continuance of the said copartnership, neither of them shall nor will endorse any note, or otherwise become surety for any pelson or persons whomsoever, without the consent of the other of the said copartners. And at the end or other sooner determination of their copartnership, the said copartners, each to the other, shall and will make a true, just, and final account of all things relating to their said business, and in all things truly adjust the same; and all and every the stock and stocks, as well as the gains and increase thereof, which shall appear to be remaining, either in money, goods, wares, fixtures, debts, or otherwise, shall be divided between them. 108 PARTNERSHIP. In witntee rlereof, the parties to these presents have hereunto set their hands and seals the day and year first above written. Signed, sealed, and delivered, in presence of JOHN DOE (seal). PETER PENNY, RICHARD ROE (seal). HIRAM JACOBS. No. 96.-Renewal of Partnership, to be endorsed on the Article. jnaldttll as the partnership formed between the subscribers by the within agreement will expire on the first day of August next, IT IS HEREBY AGREED that the same be continued, upon the same terms in every respect as is within mentioned, for the further term of three years fiom the said first day of August next. Ltitnetg our hands and seals, this first day of July, one thousand eight hundred and fifty-four. J. D. R. R. No. 97.-Agreement to Dissolve a Partnership, to be endorsed on the Article. t30e, tl) Utnbersigncb, do mutually agree that the partnership formed between us by the within article be and the same is hereby dissolved, except for the purpose of the final liquidation and settlement of the business thereof; and upon such settlement, then wholly to determine.* WOitness our hands, &c. [as in No. 96]. * The agreement to dissolve should state whether one or all the partners are authorized to sign the name of the firm in the liquidation and settlement of its business; and if less than the whole, the name or names of those who may do so. See form of ASSIGNMENT by one partner to another, page 36, which can be used for a dissolution. POWER OF ATTORNEY. 109 POWER OF ATTORNEY. A power of attorney is an instrument in writing whereby one person delegates to another authority to do any act for him, with the same binding effect as though it were done by the principal. Every person who has power, in his own right, to do any act, may delegate the power to do that act to any other person; but an attorney can not substitute another in his place unless express authority is given him to do so. Every person intrusted with discretionary power in respect to the business of another, should perform the duties himself; for, generally speaking, he can not give to another authority to exercise those discretionary powers. The authority of an attorney ceases when withdrawn by his principal; but when the attorney has an interest in the execution of the power, it is then irrevocable. The revocation of a power of attorney takes effect as to third persons from the time they have notice of it. Powers of attorney, to be used in a foreign country, should be acknowledged before a notary public, and the signature of the notary certified by the consul of the government to which the power of attorney is to be sent. When intended to be used in another state, they should be duly proved or acknowledged according to the laws of the state where they are executed. No. 98.-General Power of Attorney. ilttno all Mlen bg tlhee Pretelnto, that I, JOHN DOE, of the city of St. Augustine, in the county of St. John's, and state of Florida, have made, constituted, and appointed, and by these presents do make, constitute, and appoint RICHARD RoE, of the same place, my true and lawful attorney for me and in my name, place, and stead,* to [here insert the things 10 110 POWER OF ATTORNEY. which the attorney is to do]; giving and grantingt unto my said attorney full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully, to all intents and purposes, as I might or could do if personally present. with full power of substitution and revocation, hereby ratifying and confirming all that my said attorney or his substitute shall lawfully do or cause to be done by virtue hereof. Jn witness mtlereof, I have hereunto set my hand and seal, this first day of April, one thousand eight hundred and fifty. JOHN DOE (seal) Sealed and delivered in the presence of ) JOHN JONES, JOHN SMITH. ) No. 99.-General Customhouse Power. ino=t all Mten b3 tesee PresEnts, that I, JOHN DOE, of the city of New Orleans, in the parish of Orleans, and state of Louisiana, have made, constituted, and appointed, and by these presents dolmake, constitute, and appoint RICHARD ROE, of the same place, my true and lawful attorney, for me and in my name, to receive and enter at the customhouse of the district of New Orleans, any goods, wares, or merchandise, imported by me or which may hereafter arrive, consigned to me; to sign my name, to seal and deliver for me, and as my act and deed, any bond or bonds which may be required by the collector of the said district, for securing the duties on any such goods, wares, or merchandise: ALSO, to sign my name to, seal, and deliver for me, and as my act and deed, any bond or bonds requisite for obtaining the debenture on any goods, wares, or merchandise, when exported, and generally to transact all business at the said customhouse in which I am or may hereafter be interested or concerned, as fully as I could if personally present. And I hereby declare, that all bonds signed and executed by my said attorney shall be as obligatory on me as those signed by myself: and this power shall remain in full force until revoked by written notice given to said collector. ln witnenss 1jtlreof, &c. [as in No. 981. POWER OF ATTORNEY. 111 No. 100.-Power to transfer Stock. &now all tlen bn tlre Dre1rents, that I, JOIN DOE the town of Raleigh, in the county of TVake, and state of iv:.rth Carolina, do hereby make, constitute, and appoint RcI}ARD ROE, of the same place, my true and lawful attorney, for me and in my name, to sell, transfer, and assign, all stock of the Greenville and Roanoke Railroad Company standing in my name on the books of the said company; with power also, an attorney or attorneys under him for that purpose, to make and substitute with like power, and to do all lawful acts requisite for effecting the premises; hereby ratifying and confirming all that my said attorney or his substitute or substitutes shall do therein by virtue of these presents. In witne st wilereof, &c. [as in No. 98]. Acknowledgment of the foregoing. State of North Carolina, } County of TVake, A3e it knoIrtn, that on the third day of September, in the year one thousand eight hundred andfifty, before me personally came JOHN DOE, to me known to be the person described in, and who executed the foregoing letter or power of attorney, and acknowledged the above letter of attorney to be his act and deed. In testimony wt tereof, I have hereunto set my hand, and affixed my seal of office, the day and year last above written. JOHN JONES, (Sealof oice.) Notary Public. No. 101.-Proxy, or Power to Vote at Election of Directors. Innot all men bp there presents, that I, JOHN DOE, of the town of Concord, in the county of Mlerrimack, and state of New Hampshire, do hereby constitute and appoint RrcirARD ROE, of the same place, my true and lawful attorney and agent, for me and in my name, place, and stead, to vote as my proxy at any election of directors of the lMerrimack County Bank, according to the number of votes I should be entitled to vote if then personally present. In Witness wlereof, &c. [as in No. 98]. 112 POWER OF ATTORNEY. Oath or Affirmation to the foregoing. I do swear [or affirm] that the shares on which my attorney and agent in the above proxy is authorized to vote, do not belong, and are not hypothecated to the said Merrimack County Bank, and that they are not hypothecated or pledged to any other corporation or person whatever; that such shares have not been transferred to me for the purpose of enabling me to vote thereon at the ensuing election, and that I have not contracted to sell or transfer, them upon any condition, agreement, or understanding, in relation to my manner of voting at the said election. JOHN DOE (seal). Sworn [or affirmed] this second day of October, A. D. 1850, before me, JOHN RICHTER, Justice of the Peace. No. 102.-Power to Collect Debts. tnawr all tien, &c. [as in No. 98 to the * ]-to demand, ask, sue for, collect, and receive, all sums of money, debts, rents, dues, accounts, and other demands of every kind, nature, and description whatever, which are due, owing, or payable to me from any person or persons whomsoever, and to give good and sufficient receipts, acquittances, and discharges therefor; giving and granting, &c. [as in No. 98from the i to the end]. No. 103.-Power to Sell and Convey Real Estate tnoWt all Jettn, &c [as in No. 98 to the * ]-to enter into and take possession of all the real estate belonging to me, situate in the town of Rutland, in the county of Rutland, and state of Vermont, and to bargain, sell, grant, convey, and confirm, the whole or any part thereof, for such price or sum of money or on such terms as he may think best, and for me and in my name to make, execute, acknowledge, and deliver, unto the purchaser or purchasers thereof, good anil sufficient conveyances, with warranty, of the same; and to demand, receive, and collect, all sums of money which shall become due and payable to me by reason of such sale or sales; giving and granting, &c. [as in No. 98 from te t to the end]. POWER OF ATTORNEY. 113 No. 104.-Substitution to be endorsed on the Power of Attorney.* tinow all Mten bp thlere Preents, that I, JOHN DOE, of the city of Louisville, in the county of Jefferson, and state of Kentucky, by virtue of the authority to me given by the within power of attorney, do substitute RICHARD ROE, of the town of Frankfort, in the county of Franklin, and state of Kentucky, as attorney in my stead, to do, perform, and execute, every act and thing which I might or could do by virtue of the within power of attorney; hereby ratifying and confirming all that the said substitute may do in the premises by virtue hereof and of the within power of attorney. Jn witness mt4eref, &c. [as in No. 98]. No. 105.-Revocation of Power of Attorney. bt[hlCfas a, JOHN DOE, of the town of Little Rock, in the county of Pulaski, and state of Arkansas, by my certain power of attorney, bearing date the fifth day of July, in the year one thousand eight hundred andfifty, did appoint RICHARD ROE, of the same place, my true and lawful attorney, for me and in my name, to [here set out what he was authorized to do, using the precise language of the power of attorney originally given him], as by the said power of attorney, reference thereunto being had, will more fully appear: ib)refore, know all Ilen bt tl)ee.rte nts, that I, JOHN DOE aforesaid, have countermanded and revoked, and by these presents do countermand and revoke the said power of attorney and all power and authority thereby given to the said RICHARD ROE. jn witlness twerecaf, I have hereunto set my hand and seal, this fifth day of December, one thousand eight hundred and fifty. JOHN DOE (seal). Sealed and delivered in the presence of ) JOHN SMITH, PETER JONES. ) This power of substitution can only be used when the attorney has had the right expressly granted to him in his appointment by the principal. 10* 114 RELEASES. RELEASES. A release is a written instrument, under seal, whereby one man discharges another, either from all claims and demands, or from certain demands specified therein. A covenant not to sue one of two joint obligors will not release the other, and may be pleaded by the one to whom it is given in bar to an action. A release of one of several joint debtors releases ALL. No. 106.-Form of Releasb. Etnom all ten bp tl)ese Ireents, that I, JOHN DoE, of the city of Natchez, in the county of' Adams, and state of Mississippi, in consideration of forty dollars to me in hand paid by RICHARD ROE, of the same place, have released and for ever discharged, and hereby, for myself, my heirs, executors, and administrators, do release and for ever discharge the said RICHARD ROE, his heirs, executors, and administrators, fiom all claim, demand, and cause of action, which I now have or may hereafter have against the said RICHARD ROE by reason of any contract which he may have entered into with me for the purchase of lumber. ~In witleuss xulereof, &c. [as in No. 9S]. No. 107. —General Release of every Demand. ~o all to tontlo tl)c ee lresenttts )all rome, or may concern, GREETING: KNOW YE, that 1, JOIN DOE, of the town of llMontpelier, in the county of TVashington, and state of Vermont, for and in consideration of the sum of one hundred dollars, lawful money of the United States, to me in hand paid by RICHARD ROE, of the same place, have remised, released, and for ever discharged, and by these presents do, for myself, my heirs, executors, and administrators, remise, releaser and for ever discharge the said RICHARD ROE, his heirs, executors, and administrators, of and from all, and all manner of action and actions, cause and causes of action, suits, debts, RELEASES. 115 dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, prom. ises, variances, trespasses, damages, judgments, extents, executions, claims, and demands whatsoever, in law or in equity, which against the said RICHARD ROE I ever had, now have, or which my heirs, executors, or administrators, hereafter can, shall, or may have, for, upon, or by reason of, any matter, cause, or thing whatsoever, from the beginning of the world to the day of the date of these presents. Jn mitness olercof, &c. [as in No. 98]. No. 108.-Release of part of Mortgaged Premises. T[i JInbenture, made thisfirst day of April, in the year one thousand eight hundred and fifty, between JOHN DOE, of the town of Iarrisburgh, in the county of Dauphin, and state of Pennsylvania, of the first part, and RICHARD ROE, of the same place, of the second part: X)lecrcae, R[CHARD ROE aforesaid, by indenture of mortgage, bearing date the first day of January, one thousand eight hundred and forty-five, for the consideration therein mentioned, and to secure the payment of the money therein specified, dlid convey certain lands and tenements, of which the lands hereinafter described are part, unto JOIN DOE aforesaid; and whereas, the said party of the first part, at the request of the said party of the second part, has agreed to give up and surrender the lands hereinafter described unto the said party of the second part, and to hold and retain the residue of the mortgaged lands as security for the mnney remaining due on the said mortgage: iNo tt)is Inbentnre mitneesettl, that the said party of the first part, in pursuance of the said agreement, and in consideration offour hundred dollars, lawful money of the United States, to him duly paid at the time of the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, hath granted, released, quit-claimed, and set over, and by these presents doth grant, release, quit-claim, and set o\ er, unto the said party of the second part all that part of the said mortgaged lands [here describe the mortgaged premises intended to be released from the lien of the mortgage], together with the hereditaments and appurtenances 116 RELEASES. thereto belonging; and all the right, title, and interest, of the said party of the first part, of, in, and to the same, to the intent that the lands hereby conveyed may be discharged from the said mortgage, and that the rest of the lands in the said mortgage specified may remain to the said party of the first part, as heretofore. to Iauvt anb to bol i the lands and premises hereby released and conveyed to the said party of the second part, his heirs and assigns, to his and their only proper use, benefit, and behoof, for ever, fiee, clear, and discharged of and from all lien and claim, under and by virtue of the indenture of mortgage aforesaid. n twitness twuhrrof, &c. [as in No. 63]. The following is the form to be used for the purpose of discharging a mortgage that has been fully paid. It should be acknowledged before the proper officer, in order that the mortgage may be cancelled of record:No. 109.-Satisfaction of Mortgage. J, JOHN DOE, of the town of Columbus, in the county of Franklin, and state of Ohio, bo Iet)eb tcttify, that a certain mortgage, bearing date the tenth day of December, one thousand eight hundred and forty-seven, made and executed by RICHARD ROE, of the city of Cincinnati, in the county of Hamilton, and state of Ohio, to me, to secure the sum of three thousand dollars, and recorded in the office of the clerk of the county of Hamilton aforesaid, in liber thirty of mortgages, page 610, on the fifteenth day of December aforesaid, iS paid. Dated the tenth day of December, one thousand eight hundred and fifty. JOHN DOE. Acknowledgment of the foregoing. State of Ohio, \ County of HIamilton, s On the tenth day of December, one thousand eight hundred andfifty, before me came JOHN DOE, to me known to be the individual described in, and who executed the above certificate, and acknowledged that he executed the same. JOHN SMITH, Justice of the Peace. RELEASES. 117 No. 110.-Satisfaction of Mortgage to be executed by a Corporation. 1, JOHN DOE, President of tbe Northwestern Life Insurance Company, of the city of New York, a body corporate, bo t1erebn rertifj, that a certain mortgage, bearing date the tenth day of June, in the year one thousand eight hundred and forty-eight, made and executed by RICHARD ROE, of the town of Jamaica, in the county of Queens, and state of New York, to the said corporation, and recorded in the office of the clerk of the county of Queens, in liber twenty of mortgages, page 425, on the sixteenth day of June, one thousand eight hundred and forty-eight, is paid. Jn Iitness Iereof, the seal of the said corporation is hereunto affixed, this tenth day of June, in the year one thousand eight hundred and fifty. JOHN DOE, PRESIDENT (corporate seal). Witnessed by JOHN SMITH, Secretary. Acknowledgment of the foregoing. State of New York, City and County of New York, s. On the tenth day of June, in the year one thousand eight hundred and fifty, before me came JOHN DOE, with whom I am personally acquainted, and known to me to be the president of the above-named corporation, who being by me duly sworn, says that he resides at No. ten Clif street, in the said city; that the seal which is affixed to the above certificate is the corporate seal of the said corporation, and was so affixed by their authority. JOHN JONES, Commissioner of Deeds. 118 WILLS. WILLS. THE following forms of wills are inserted for the benefit of those who may be unexpectedly called to draw up a will without being able to procure good legal advice. It is of the utmost i.mportance that the property bequeathea and the conditions and intentions of the bequest be distinctly defined, for wills are generally construed according to the strict letter of the instrument. Whenever good legal advice can be obtained, it is advisable to procure it; for the statute regulations respecting wills and devises are so minute and important, yet varied in every state, that there is danger of coming in conflict with some statute provision in attempting to make a will without advice. The person making his will must be of sound mind, must act freely and voluntarily, and with a deliberate intention of making his will. He may, of course, revoke his will by any act which evidences such an intenti6n. Generally, infants and married women can not make a will, but in some of the states they are empowered to do so by statute. By common law, marriage and the birth of a child subsequent to the making of a will in which no provision is made for such an event, will be considered a revocation of the will; at least it can not bar the rights of the wife, and the child so born, from an interest in the estate. The will of an unmarried woman is in many states revoked by her subsequent marriage. A bequest to a wife will not take away her right of dower, unless it be clearly inconsistent with such right, or it be expressly stated that it is in lieu of such right. A codicil is something in addition to a will, and should be executed in the same manner, the will. It may consist of a further bequest, or of a revelation, in part, of the will. WILLS. 119 A bequest to a person witnessing a will is void, though all the rest of the will is valid. Coercion and undue influence, when exercised upon a testator, will invalidate the will. As to the form of attestation of wills, see the directions under head of wills in the respective states, and page 163. No. 111.-Short Form of Will. In the Name of (aob, A2men. I, JOHN DOE, of the town of 3Iiddletown, in the county of Middlesex, and state of Connecticut, being of sound mind and memory, and considering the uncertainty of this frail and transitory life, do therefore make, ordain, publish, and declare, this to be my last tiill and cietlament: That is to say, First, after all my lawful debts are paid and discharged, the residue of my estate, real and personal, I give, bequeath, and dispose of, as follows, to wit: [To my beloved wife, the land and appurtenances situated thereon, known and described as the Wells farm, lying in the town of Middletown, in the county of Middlesex, and state of Connecticut, together with ten shares of the capital stock of the fliddletown Bank,.now possessed by me, during the term of her natural life; and after her death, to be divided equally among mr heirs: To mifson GEORGE the farm situated and lying on the highway between Middletown and Hartford, known as the Wilcox farm; also all the right and title I now have or may have in the axe-factory situated on what is commonly known as the Millpond, together with the machinery connected therewith: To the American Bible Society, instituted in the city of New York in the year one thousand eight hundred and sixteen, the sum of five hundred dollars: I give, bequeath, and devise, all the rest, residue, and remainder of my real and personal estate, to my child now living, or to my children, or their heirs, who may be living at the time of my decease, to be divided equally between them, share and share alike.] Likewise I make, constitute, and appoint, my said son GEORGE, and my brothers WILLIAM and JAMES DOE, to be executors of this my last will and testament, hereby revoking all former wills by me made. In litnes, leteotof, I have hereunto subscribed my 120 WILLS. name, and affixed my seal, the thitrd day of April, in the year of our Lord one thousand eight hundred andfifty. JOHN DOE (seal). The above-written instrument was subscribed by the said JOHN DOE in our presence, and acknowledged by him to each of us: and he at the same time published and declared the above instrument so subscribed to be his last will and testament; and we, at the testator's request, and in his presence. have signed our names as witnesses hereto, and written opposite our names our respective places of residence. RICHARD ROE, Middletown, Middlesex Co., Ct JOHN SMITH, Middletown, Middlesex Co., Ct JOHN JONES, Portland, Middlesex Co., Ct. No. 112.-Codicil to a Will.:tlJ[freaS 3, JOHN DOE, of the town of Middletown, in the county of Middlesex, and state of Connecticut, have made my last will and testament in writing, bearing date the third day of April, in the year of our Lord one thousand eight hundred and fifty, in and by which I have given and bequeathed to the American Bible Society, instituted in the city of New York in the year one thousand eight hundred and sixteen, the sum of five hundred dollars: Nrat, tlerefore, I do, by this my writing, which I hereby declare to be a codicil to my said last will and testament, and to be taken as a part thereof, order and declare that my will is, that only the sum of two hundred and fifty dollars shall be paid to the said American Bible Society, as the full amount bequeathed to the said society, and that the residue of the said legacy be given to the person who shall be acting as treasurer at the time of my decease, of the Young Men's.Library, located in the town of Middletown, to be expended by the society in the purchase of books for the said library: and lastly, it is my desire that this codicil be annexed to and made a part of my last will and testament as aforesaid, to all intents and purposes. In wtitnes twoereof, &c. [as in No. lllJ. WILLS. 121 No. 113.-Form of Will, in which the Testator devises all his Property to Trustees for certain Purposes. tile last Uill of ite, JOHN SMITH, of the town of Columbia, in the district of Richland, and state of South Carolina, being of sound mind at the time of making and publishing this my last will and testament, I give and devise all my estate, eal and personal, whereof I may die seized or possessed, to TOHN DOE, of the said town of Columbia, and RICHARD ROE, of the same place, gentlemen: To tIave ant to l}olt the same to themselves, their heirs and assigns for ever, upon the uses and trusts following, namely: In trust to pay all my debts and funeral expenses: [secondly, to pay to my wife JANE. upon her sole and separate receipts, the interest, income, and revenue, of all my said estate, during the term of her natural life: and thirdly, upon the decease of my said wife, to convert all my said estate into money, if such a course shall be thought best by my said trustees, and pay to my daughter JANE the one third part thereof, it seeming to me best to give her so large a share on account of her bodily infirmities and inability to provide for herself, and the remaining two thirds equally to divide between my four sons PETER, JOHN, HENRY, and THOMAS. If either of my children shall, before such division, have died, leaving lawful issue, such issue to receive the parent's share; but if there be no issue. then such share to fall into the general fund, to be divided among the survivors in the manner before directed. And I hereby give to my said trustees full power and au thority to sell any or all of my real estate at private or public sale, and invest the proceeds, or to lease the same as they may deem best for the interest of my family. And if my said daughter JANE shall not have attained the age of twenty-one upon the decease of her mother, I hereby nominate, constitute, and appoir, my said trustees, guardians e the person and estate of my said daughter JANE during the remainder of her minority, commending her to their fatherly care and protection. And I hereby nominate, constitute, and appoint my said trustees, JOHN DOE and RICHARD ROE, executors of this my last will and testament. In witness wiereof, &c. [as in No. 1111. 11 l122 LIABILITIES OF MINORS. LIABILITIES OF MINORS. PERSONS of both sexes are minors until they are twentyone years of age. In Vermont and Ohio, females are of age at eighteen. Minors can not do any act to the injury of their property, which they may not repudiate or rescind when they arrive at full age. Every contract entered into by a minor which is clearly to his prejudice, is absolutely void; and a contract which iA clearly to his benefit, is good; and one that is uncertain whether prejudicial or advantageous, is voidable only at the election of the minor. If the contract be voidable only, it is binding on the adult party thereto until it is rescinded by the minor. A contract for necessaries is binding on an infant, and he may be sued on such a contract, but the articles must be shown to have been necessary for him under the circumstances and condition in which he was placed when they were furnished. The real circumstances of the minor must be looked at, not his ostensible condition. Necessaries for a minor's wife and children are necessaries for him. Infancy or non-age can not be taken advantage of to protect a fraudulent act. An infant has been held liable for deceit in obtaining a loan of money on the fraudulent affirmation that he was of age. A father is not bound by the contract of his son, even for articles that are necessary and suitable for the minor, unless an actual authority be proved, or the circumstances be sufficient to imply an authority. What circumstances will be sufficient to infer an authority must always be a question to be determined in each particular case. The father is liable for necessaries furnished his minor children, but they must be strictly necessaries, such as the father is in duty bound to furnish, and has not provided. LIABILITIES OF COMMON CARRIERS. 123 LIABILITIES OF COMMON CARRIERS. A common carrier is one who undertakes to carry goods or packages of any kind, by land or water, for hire, stated or implied, as an employment: owners of stage-wagons, stagecoaches, and railroad-cars, who carry goods for hire; truckmen, teamsters, porters-owners and masters of vessels in the carrying-trade-canal-boatmen, barge-owners, &c., are common carriers. Owners of steamboats who tow vessels, and private individuals who may agree to convey a man's goods on a special occasion, are not liable as common carriers. Owners of stages, hackney-coaches, and other vehicles for carrying passengers with their baggage, are liable as common carriers for baggage or luggage intrusted to their care, but not for goods, unless under a special agreement. Common carriers are liable for the entire value of the goods, if not delivered to the proper person; except a pirate or other public enemy destroys or captures them, or the act of God (against which foresight can not provide nor human power withstand) destroys them. They are not liable for inevitable losses caused by lightnings, storms, hurricanes, earthquakes, the ordinary decay of perishable goods, spontaneous combustion, leakage of casks, or the carelessness of shippers. Against all other perils the carrier is held as an insurer. If a mob seize the goods, the carrier is held. Any passenger-line in the habit of carrying goods for hire, is under the carrier laws. If a stage-driver, or person going along in the conveyance, takes money or goods to carry for his own profit, he alone is responsible: it is the same if he went in a railroad-car, steamboat, &c., which takes passengers only. To make the owner or master of a vessel liable as a corn mon carrier, she must be open to transport anybody's goods to the port agreed on-no matter whether there be one shipper or many, or whether she be in the home, foreign, coasting, river, or ocean service; but a ship that carries only for one or more particular individuals, comes not under the carrier laws, nor does an owner who lets the tonnage to particular shippers. If the owners charter a vessel to certain per 124 LIABILITIES OF COMMON CARRIERS. sons for a voyage at a specified freight, they are common carriers, unless the terms of the charter-party relieve them. Carriers are responsible for the acts of all persons in their employ: the act of the agent or servant is deemed to be the act of the principal and master. Injuries done to the goods by strangers must be made up by the carrier. He is liable for accidental fires, thefts, robberies: the goods must be delivered as directed, in the same good order in which they were intrusted to him. The common carrier must receive all such goods as are offered for the place to which he carries, from anybody willing to pay the regular or a reasonable freight-charge: proof of readiness and willingness to pay is enough, though it might be advisable to tender the charges if a suit is intended. The carrier may refuse if he is full, or the goods are dangerous to be carried, or until he is ready to receive them, or if they are goods it is not his custom to carry, or for a good reason. When he takes freight, he must deliver it in a reasonable time; his ship should be seaworthy, and properly furnished and manned, and he must proceed to the port advertised or otherwise agreed on. A carrier is not liable for loss by a river or canal freezing up, during his voyage, unless he neglected to use due diligence; nor for the leakage of a ship strained in a storm, nor for losses from collision of his ship with another, unless he was negligent; but for losses by theft and robbery, and for all felonies except piracy, he is liable. The carrier is liable for goods the moment they are delivered to him; any delivery, in which he specially accepts the goods, binds him; acceptance is frequently implied and binding fiom the usage of business. Where a carrier receives his freight, even at Ihe shipper's warehouse or that of his agent, and takes it in charge, if that be the usage, it binds him. He is not liable for goods left in the yard of an inn, where several carriers put up, and not actually delivered to him. For goods dell ered at a wharf to some unknown person, of which the wharfinger had no knowledge, he was held not liable. WVhen goods have reached the destined place, they must be delivered to the proper person, or deposited in the proper place, and the consignee, or one entitled to receive them, duly notified. If he accepts the delivery, the carnier is no LIABILITIES OF COMMON CARRIERS. 125 longer liable. In some instances the local usage, or the custom of particular carrying-trades, in the absence of express directions fiom the shippers, regulates the deliveiy; but if there is a special contract, it must be fulfilled. If the carrier of a line from Boston to New York takes goods to be forwarded to Philadelphia by a particular conveyance, his liability ceases, as carrier, when they are safely deposited at New York, and ready for such next conveyalce; but if he takes goods to forward to places beyond the extent of his own line, he is answerable as carrier to the place of final destination. A carrier is answerable for losses fiom deposites or storage of goods on the route; but if goods are left in his possession beyond a reasonable time, he is only bound to take ordinary care. If he delivers goods under a mistake of his own, or of fraud on the part of others (other than the owners or shippers), he must make good the value to the owner. No contract, no public or personal notice, will exempt the carrier of goods from losses caused by his or his agents' neglect or fraud; but any notice of the carrier (if the shipper can be proved to have read it or known of its existence, and not otherwise) that he will not take goods of great value, olr that he will not pay more than a specified sum unless specially informed of such value and paid in proportion to the risk, ia good. An ambiguous notice will be construed against the carrier. Notices at each end of a route will not bind those who ship goods at intermediate places, unless specially made known to them. A personal notice to the principal is binding on all his agents who may forward by the same line. A carrier can not, by any transfer of the goods to another carrier, exempt himself: if he forward in another mode than that understood, he will be liable, in cases where his notice would have otherwise protected him. If the owner of goods mislead the carrier as to their value, or make false statements calculated to lessen his vigilance, it is a fiaud upon him. Where there is no notice, or special contract of limitation, it is enough for the owner to show the carrier's undertaking the carriage of his goods, and a non-delivery. The carrier must show why he did not deliver; but when there is a notice, the owner must show a want of ordinary prudence in the carrier. A valid seizure of goods because of an illegal act of the owner, will excuse a non-delivery; but the seizure must 11' 126 LIABILITIES OF COMMON CARRIERS. be valid, or the carrier will be liable. The carrier has legal power sufficient to put any claimant to the proof as to his title to take the goods; if he neglect to use that power, he is liable. In case of stolen goods, the carrier must deliver them to the owner on demand. When goods are sent by water, and it becomes necessary to throw a part overboard,'thereby to save the rest, the loss is to be general. When one shipper's goods are thus destroyed, and those of others saved, the loser may demand a contribution from all the others, and from the ship-owners, and the party entitled to freight, in such equitable amount as will subiect him only to his fair proportion of the loss according to the value of goods he had shipped. Land-carriers, when inevitable perils oblige them to incur unusual charges, may demand payment by an equitable contribution. The carrier has a right to demand payment when he receives the goods: he may refuse to take them if not so paid; but if he take them, to be paid at the end of the route, he may retain them till paid, on his arrival there. He may waive this lien by agreement, in which case his charges become a simple debt. As a general rule, the consignor is bound for the freight; but the consignee, if he engage to pay, is also. Nautical usages have often become, by the decisions of courts, positive law. Different states have passed local laws to regulate their navigation: if a carrier break any of these rules to the loss of a shipper, he is liable. In the states of New York and Ohio, special notices and special contracts, by common carriers, are held to be against the policy of the law, and therefore utterly void. The courts also hold that the notice that "all baggage is at the risk of the owner," is a nullity; but the carrier may require the shipper to disclose the nature and value of the property, or make a special acceptance. Warehousemen, wharfingers, and private carriers, are only bound to use ordinary care and diligence, and are liable but for gross negligence or bad faith. Common carriers are bound to carry passengers safely and properly to their place of destination; to use the utmost skill, care, and diligence; and are responsible for the least neglect. If an accident happen, it falls to the carrier to show that it was not his fault. All who seek a passage are to be treated with, impartiality, but must pay in advance if required and submit to reasonable rules for the general convenience and comfort. Persons of coarse, rude conduct, or suspicious or notorious bad character, may be refused. The conveyance must be suitable for the passage, having skilful, prudent, faithful conductors and servants. If by water, the vessel must be seaworthy, with a competent crew. His baggage must be duly delivered to the passenger, or the carrier must keep it for him a reasonable time. In case of a coachman, if he be rash, careless, races violently, or by want of caution runs foul of anything, and an accident happen, the proprietors are liable. The baggage he may detain for unpaid fare. LIABILITY OF SHIP OWNERS. t27 LIABILITY OF SHIP-OWNERS. The following Act in regard tcr the liabilities of ship-owners, which was passed by Congress, March, 1851, has so important a bearing on sea-carriage of merchandise, that it is inserted entire. How far it will effect the old established principles of common carrier liabilities, stated in the preceding article, remains to be settled by the legal tribunals. No owner or owners of any ship or vessel shall be subject or liable to answer for or make good to any one or more person or persons any loss or damage which may happen to any goods or merchandise whatsoever, which shall be shipped, taken in, or put on board any such ship or vessel, by reason or by means of any fire happening to or on board the said ship or vessel, unless such fire is caused by the design or neglect df such owner or owners: Provided, That nothing in this act contained shall prevent the parties from making such con. tract as they please, extending or limiting the liability of ship-owners. If any shipper or shippers of platina, gold, gold-dust, silver, bullion, or other precious metals, coins, jewelry, bills of any bank or public body, diamonds or other precious stones, shall lade the same on board any ship or vessel, without at the time of such lading, giving to the master, agent, owner or owners of the ship or vessel receiving the same, a note in writing of the true character and value thereof, and have the same entered on the bill of lading therefor, the master and owner or owners of the said vessel shall not be liable, as carriers, in any form or manner. Nor shall any such master or owners be liable for any such valuable goods beyond the value and according to the character thereof so notified and entered. The liability of the owner or owners of any ship or vessel for any embezzlement, loss or destruction, by the master, officers, mariners, passengers, or any other person or persons, of any property, goods, or merchandise, shipped or put on board any such ship or vessel, or for any loss, damage, or injury by collision, or for any act, matter or thing, loss, damage or forfeiture, done, occasioned, or incurred, without the privity or knowledge of such owner or owners, shall in no case exceed the amount or value of the interest of such owner or owners, respectively, in such ship or vessel, and her freights then pending. If any such embezzlement, loss, or destruction, shall be suffered by several freighters or owners of goods, wares, or merchandise, or any property whatever, on the same voyage and the whole value of the ship or vessel, and her freight for the voyage, shall not be sufficient to make compensation to each of them, they shall receive compensation from the owner or owners of the ship or vessel in proportion to their respective losses; and for that purpose the said freighters and owners'of the property, and the owner or owners of the ship or vessel, or any of them, may take the appropriate proceedings in any court for the purpose of apportioning the sum for which the owner or owners, of any ship or vessel, may be liable among the parties entitled thereto. And it shall be deemed a sufficient compliance with the requirements of this act, on the part of such owner or owners, if he or they shall transfer his or their interest in such vessel and freight, for the benefit of such claimants, to a trustee, to be appointed by any court of competent jurisdiction, to act as such trustee for the person or persons who may prove to be legally entitled thereto, from and after which transfer, all claims and proceedings against the owner or owners shall cease. The charterer or charterers of any ship or vessel, in case he or they shall man, victual, and navigate, such vessel at his or their own expense, or by his or their own procurement shall be deemed the owner or owners of such vessel, within the meaning of this act; and such ship or vessel when so chartered shall be liable in the same manner as if navigated by the owner or owners thereof. Nothing in the preceding sections shall be construed to take away or affect the remedy to which any party may be entitled, against the master, officers, or mariners, for or on account of any embezzlement, injury, loss, or destruction of goods, wares. merchandise, or other property, put on board any ship or vessel or on account of any negligence, fraud, or other malversation of such master, officers, or mariners, respectively, nor shall anything herein contained lessen or take away any responsibility to which any master or mariner of any ship or vessel may now by law be liable, notwithstanding such master or mariner may be an owner or part owner of such ship or vessel. Any person or persons shipping oil of vitriol, unslaked lime, inflammable matches, or gunpowder, in a ship or vessel taking cargo for divers persons on freight, without delivering at the time of shipment, a note in writing expressing the nature and character of such merchandise, to the master, mate, officer, or person in charge of the lading of the ship or vessel, shall forfeit to the United States one thousand dollars. This act shall not apply to the ownzer or owners of any canal-boat, barge, or lighter, or to any vessel of any description whatsoever, used in river or inland navigaton. 128 CUSTOMHOUSE REGULATIONS. CUSTOMHOUSE REGULATIONS. Entry of Vessels from Foreign Ports.-It is necessary that three copies of the manifests of vessels from foreign ports should be made out before arrival, in ordel to be presented to the boarding-officer upon arrival. They should include every thing on board; and, after stating the cargo laden at the port of departure, if there should be any return cargo, it should then be added under that head. If there are any surplus stores, these should then be particularized; and, finally, the passengers' names, individually, with the number of packages of baggage belonging to each-the whole to be signed by the master. Where there are passengers, a separate list, besides the names on each manifest-including the names, ages, sex, occupation, country to which they severally belong, and of which they intend to become inhabitants, and if aly have died on the passage-will also be necessary. Another list of passengers, similar to the last, is required by the mayor of the port in some of the states. If any part of the cargo is to be landed at a different port than the first one of entry, it must be so stated in the manifest, as otherwise that privilege will be lost, and the cargo required to be landed at the first port of entry. The captain should be particular in having his crew mustered by the boardingofficer, upon arrival, in order to the cancelling of the bond given for their safe return. Vessels must report at the customhouse within twelve hours, and enter within forty-eight hours, after arrival. If the captain is not an owner of the vessel, and there should be a resident owner at the port of entry, such owner is required to accompany the captain, in order to swear to the register. Entry of Vessels coastwise.-Nothing further is required than the clearance from the customhouse at the port of departure, and the register, if she is a registered vessel. Clearance of Vessels for Foreign Ports.-Every shipper must clear his goods at the customhouse before the vessel can clear. From these shippers' clearances the vessel's manifest is to be made, after the same form, and including all the particulars therein contained. A notarial crew-list and duplicate shipping articles are also required. If there is any change of owner or master, notice thereof should be given, at least the day previous, in order that the register may be endorsed or a new one issued. Inquiry should also be made, a day or two previous to clearing (in case of veseels last from foreign ports), whether the return of the inward cargo corresponds with the manifest, as delays may otherwise occur in settling discrepancies, which to adjust may and do frequently detain vessels from clearing, when the hurry is great, and consignees are anxious to get their vessels to sea. If there is any cargo brought in the vessel not to be landed, a permit must be obtained to retain the same on board, several days before clearing, as the officer discharging the vessel can not make his return without it; and, without his return, the vessel can not be cleared. When cleared, the captain will receive his register, crew-list, clearance, bill of health, and shipping articles; or, in case of a foreign vessel, all that he requires is a clearance and bill of health, upon presenting which to the consul of his nation, he will receive all other necessary papers. Clearance of Vessels coastwise.-Duplicate manifests, made out from the bills of lading (number of packages in each bill of lading being stated in writing), with the names of the shippers and consignees, and their places of residence, are all that is required. Laws relative to Invoices.-Invoices must be made out in the currency of the country whence the goods are imported; they must also reduce such currency to the currency of the United States. When the value of such currency is not fixed by law, the invoice must be accompanied by a consular certificate, stating the true value of such currency in Spanish or United States silver dollars, and in CUSTOMHOUSE REGULATIONS. 129 default thereof, a bond for the production of such certificate must be given. If no invoice of goods has been received by the consignee or owner, they may be entered by appraisement, the owner or consignee first taking oath that no invoice has been received, and giving bond to produce invoice. Goods belonging to persons residing in the United States, but absent from the place of importation, may be admitted to entry, the importer or agent first giving bond to produce invoice duly verified by the oath of the owner, administered by a collector of the customs or by a public officer duly authorized to administer oaths. Goods belonging to a person not residing at the time in the United States, can not be admitted to entry, unless accompanied by an invoice verified by the owner's oath, stating that the goods were actually purchased for his account, and that the invoice contains a true and faithful account of the cost of such goods. If such goods have not been acquired in the usual mode, of bargain and sale — or if they belong in whole or in part to the manufacturer thereof-the oath annexed to the invoice must specify that the invoice contains the actualfair market value at the time and place when and where the same were procured or manufactured. The verification may be made before a consul or commercial agent of the United States. If there is no consul or commercial agent in the country or place of purchase, the oath may be administered by any public officer authorized in such place to administer oaths, which authority must be authenticated by a consul or commercial agent of the United States: if there be no such consul or agent, then by the authentication of a consul of any nation at peace with the United States: if no such consul can be found, then the certificate of two respectable merchants will answer. Goods owned by persons not residing in the United States, and not accompanied with an invoice verified as required above, may be admitted by the secretary of the treasury, the collector first certifying that no fraud was intended; but before such entry shall be permitted, the importer shall give bond to produce an invoice of such goods, duly verified by tie owner, in the mode and to the effect before mentioned. The owner, consignee, or agent of imports, which have been actually purchased, on entry of the same, must make such addition in the entry to the cost or value given in the invoice as in his opinion may raise the same to the true market value of such imports in the principal markets of the country whence the importation shall have been made, or in which the goods imported shall have been originally manufactured or produced, as the case may be. v No goods, wares, or merchandise, subject to duty, can be imported into the United States on the seaboard in vessels of less than thirty tons' burden, under the penalty of the forfeiture of vessel and cargo. Invoice must contain the weight, quantity, or measure of goods, or the same will be weighed, gauged, or measured, at the expense of the importer. The number of bushels of wheat is to be ascertained by actual measurement by the standard bushel, and not by weight. In all cases where there are more goods found on board a vessel than the master thereof has reported in his manifest, he must, with the consent of the otfi cers of the customs, make a post entry for the same, and pay two dollars therefir, and for every disagreement between his manifest and cargo, he is liable to a fine of five hundred dollars. All goods, on examination by the appraisers, not corresponding with the entry made of them, are liable to forfeiture. Drawback.-To be entitled to drawback, the duties on the importation of the goods exported must have been at least fifty dollars by one vessel, at the same time, and by the same person, and the merchandise be, at the time of exportation, in the same package and same condition, including wrapper and original mark and number, as when imported. Register Act.-Every owner of a vessel, residing within the limits of the Ullited States, must swear (or affirm) to the register within ninety days after its being granted, or it becomes void, and the vessel and cargo pays foreign tonnage and duty. All duties must be paid in gold or silver co,?n. 130 CUSTOMHOUSE REGULATIONS. Warehousing.-Goods, wares, or merchandise, entitled to entry for ware. housing, are such only as shall have been actually imported after the passage of the act " reducing the duty on imports, and for other purposes," approved July 30, 1846. Where owners, importers, consignees, or agents, desire to warehouse their goods, due entry in writing must be made in each case, and a bond taken with surety or sureties to the satisfaction of the collector, in double the amount of the duties. Goods, wares, or merchandise, entered for warehousing, must be conveyed from the vessel, or wharf where landed, to the warehouse, under the spe'ial superintendence of an inspector of the customs, in drays, carts, or other usual modes of conveyance, to be employed on public account, by the proper officer of the customs, and the expense at the rates usually paid for such service at the port in question is to be defrayed at the time by the person who enters said goods, wares, or merchandise, for warehousing. In cases where goods, wares, or merchandise, imported after the passage of the act of July 30, 1846, are intended to be exported directly from warehouse to a foreign country, entry must be made and bond given, in the manner now required by existing laws relating to exportations for the benefit of drawback. In all such cases the appropriate expenses are to be paid before granting permit for exportation, Where any goods, duly warehoused, shall remain in store beyond one year, without payment of the duties and charges thereon which in pursuance of the act are required to be appraised and sold, the treasury department prescribes that all such sales shall take place within thirty days after the expiration of the year. If a part of an importation is to be landed and the duties paid forthwith, and the remainder warehoused, the two entries must be made simultaneously. If no invoice has been received, the goods may be entered in conformity with the second section of the act of March 1, 1823, but can not be entered for warehousing. When the goods have been deposited in the warehouse, the collector shall cause them to be compared with the invoice, and the dutiable value, quantity, and the character thereof, ascertained in the manner provided by law; and aftei the report of the appraisers has been received by the collector, the importer, agent, or purchaser, may withdraw any entire case or package, or any quantity not less than one ton in weight, if imported in bulk. When the goods have arrived at the port of destination, they may be depos.. ited in the public store, and the duty paid forthwith. If the duty is not paid forthwith, the entry for warehousing shall be presented to the collector, and accompanied with the transportation certificate and copy from invoice, and shall be verified by the oath of the owner or consignee: the collector will then take a bond with satisfactory security. When the goods are deposited in warehouse, they must be subjected to the same examination as is required by law on the importation of goods from foreign ports, and must be carefully compared with the copy from the original invoice. If the collector is satisfied that the goods so examined are the identical goods described in the transportation certificate, he will grant a copy thereof and cer tify thereon, which certificate being presented to the collector at the port whence the goods were transported, the bond may be cancelled. If the goods are withdrawn from warehouse at the portof original importation. for exportation, then entry must be made, the oath prescribed taken, and bond with satisfactory security given for the delivery of.the goods at a foreign port oz place: when the bond is received, the collector and naval officer will issue a permit to deliver the goods to the surveyor, and shall direct the surveyor to cause the same to be laden on board for exportation, indicating which are to be weighed, gauged, or measured. The officer under whose inspection the goods are shipped must certify on the entry: to cancel the export bond, the exporter must furnish the proofs required by law. When goods have been deposited in the public stores, the owner or importer on application therefor shall be entitled to receive a certificate, either for the entire importation, or for each package or parcel thereof, on payment of twenty eents for each certifloate-which certificate shall be issued and signed by the CUSTOMHOUSE REGULATIONS. 131 collector, or by some person to be designated for that purpose by the collector, with the approbation of the secretary of the treasury, which person shall be entitled to receive from the importer a copy of the warehousing entry, and shall be allowed to retain out of the money received for certificates such reasonable amount as may be fixed by the collector, with the sanction of the secretary of the treasury, as his compensation; and the residue thereof, if any, after deducting the expense of printing, filling up, registering, and cancelling said certificates, shall be paid over to the collector, to be by him placed to the credit of the treasurer of the United States. When goods are withdrawn from warehouse in quantities less than the entire importation, the expense of weighing, gauging, or measuring, must be paid by the owner, importer, or agent, if it be necessary to weigh, gauge, or measure nsuh portion, in order to ascertain the dutiable value. The warehouses are opened at sunrise, and closed at sunset. Recording the Sale or Mortgage of Vessels.-No bill of sale, mortgage, hypothecation, or conveyance, of any vessel or part of any vessel of the United States, shall be valid against any person other than the grantor or mortgagor, his heirs, and devi ees, and persons having actual notice thereof; unless such bill of sale, mortgage, hypothecation, or conveyance, be recorded in the office of the collector of customs where such vessel is registered or enrolled: Provided, That the lien by bottohlry on any vessel created during her voyage, by a loan of money or materials, necessary to repair or enable such vessel to prosecute a voyage, shall not lose its priority or be in any way affected by the provisions of this act. The collectors of the customs shall record all such bills of sale, mortgages, hypothecations, or conveyances, and also all certificates for discharging and cancelling any such conveyances, in a book or books to be kept for that purpose, in the order of their reception, and shall certify on the paper so recorded the time when the same was received, and the number of the book and page where they are recorded. The owner, or agent of the owner of any vessel of the United States, applying to a collector of the customs for a register or enrolment of a vessel, shall, in addition to the oath now prescribed by law, set forth, in the oath of ownership, the part or proportion of such vessel belonging to each owner, and the same shall be inserted in the register or enrolment; and all bills of sale of vessels registered or enrolled shall set forth the part of the vessel owned by each person selling, and the part conveyed to each person purchasing. This act went into effect Oct. 1,1850. As blank forms are prepared according to the regulations of the customhouse, and can be obtained at ports of entry, we shall omit them here. The details of passing goods through the customhouse are so intricate, that it will generally be found advisable to employ a broker to attend to the business. LIST OF FEES RECEIVABLE BY LAW. FOR admeasuring every Vessel, in order to the enrolment, or licensing, and recording the same, if of 5 tons, and less than 20............. $0 50 Of 20, and not over 70....................................... 0 75 Over 70, and not over 100............................. 1 00 Over 100.................................................. 1 50 Certificate of Enrolment.......................... 0 50 Endorsement on Certificate of Enrolment............................ 0 20 License, and granting the same, including the Bond, if not over 20 tons... 0 25 Above 20, and iot over 100.................................. 0 50 Over 100.................................................. 1 00 i:ndorsement on a License................................. 0 20 Certifying Manifest, and granting Permit for licensed Vessels to go fron District to District, under 50 tons....................... 0 25 Over 50 tons............................................. 0 50 132 CUSTOMHOUSE REGULATIONS. Receiving certified Manifest, and granting Permit on arrival of such Vessel, if under 50 tons.................0.......................... 25 Over 50 tons...................................... 0 50 Certifying Manifest, and granting permission to registered Vessels to go from District to District................................. 1 50 Receiving certified Manitest, and granting Permit on arrival of such registered Vessel.......................' 50 Gianting Permit to a Vessel, not belonging to a Citizen of the- United States, to go from District to District, and receiving Manifest........ 2 00 Receiving Manifest, and granting Permit to unload, for last-mentioned Vessel, on arrival at one District from another.......................... 2 00 Granting Permit for Vessel carrying on Fishery, to trade at a Foreign Port............................................................ 0 25 Report and Entry of Foreign Goods imported in suct Vessel........... 0 25 Entry of Vessel of 100 tons and more.................................. 2 50 Clearance of Vessel of 100 tons and more...2........................ 2 50 Entry of Vessel under 100 tons...................................... 1 50 Clearance of Vessel under 100 tons.................................. 1 50 Post Entry......................................................... 2 00 Permit to land Goods-all official Certificates, and Orders to deliver or transfer........................................................ 0 20 Bond, taken officially............................................... 0 40 Permit to load Goods for Exportation, entitled to Drawback............ 0 30 D)ebenture, or other official Certificate............................. 0 20 Bill of Health...................................................... 0 20 Official Documents, except Register, required by any Merchant, Owner, or Master of any Vessel, not before enumerated.................... 0 20 Admeasurement and certifying Vessels of 100 tons and under..... I c. per ton Over 100, and not over 200.................................. 1 50 Over 200........................................ 2 00 Other services to be performed by the Surveyor, in Vessels of 100 tons and more, having on board Merchandise subject to duty................. 3 00 Like services in Vessels under 100 tons, having similar Merchandise.... 1 50 All Vessels not having Merchandise subject to duty.................... 0 67 Protection.....0................................................ 0 25 Crew-List.......................................................... 0 25 Certificate of Registry and Bond..................................... 2 25 Endorsement on Register........................................... 1 00 All Orders, Permits, and other Documents, requiring the Collector's signature, including Certificates on Invoices, and Shipping Manifests, and for every jurat or verification on oath............................. 0 20 For recording Conveyance or Certificate of Satisfaction of a Record...... 0 50 Furnishing Certificate of facts regarding the Record of a Vessel......... 1 00 Furnishing Certified Copies of the Record-............-....... 0 50 In all cases where the Invoice or Entry does give them, there shall be charged forWeighinig — 7c. per 112 lbs. Gauging-Casks, 12c. each; Cases and Baskets, 4Xc. each; Ale, Porter, &c. VAc. per dozen bottles. Measuring-Coal, 90c. per 100 bushels; Chalk, Brimstone, &c., 90c. per 100 bushels; Salt, 75c. per 100 bushels; Potatoes, Seeds, Grain, and all otler measurable articles, 45c. per 100 bushels. Measuring-Marble, Mahogany, Cedar-wood, &c., the actual expense incurred. Marking-Spirits, Wines, &c., 2>c. per package; issuing Certificates (Spirits only), 34c. per package —when requested by the importerNOTE.-Persons residing In the country, receiving invoices and bills of lading for goods arriving at any port of entry in the United States, can get them passed through the customhouse, without being personally present, by endorsing their name on the bill of lading, attaching to it the invoice and nmaking oath of ownership before an officer authorized by tho state to take acknowlartments, ann sending the whole to some customhouse broker, or to a friend who will employ ute, at the port where the goods have arrived. -NATURALIZATION..33 NATURALIZATION. IN order for a free white person, born in a foreign country, to become a citizen of the United States, it is necessary that he should make a declaration under oath, at least two years before his admission, of his intention to become a citizen, and must renounce his allegiance to his own sovereign. This declaration Imust be made before1. Any state court, being a court of record, and having a seal and cle.k, and common-law jurisdiction. 2, Before a circuit court of the United States. 3. Before a district court of the United States. 4. Before a clerk of either of these courts. After he has been a resident of the United States for five years, and has made his declaration of intentions at least two years before, he may then be admitted to the rights of citizenship. In order for this, he must prove, by the oath of two citizens of the United States, that he has been a resident of the United States for five years, and one year within the state where the court is held. He must also take an oath to support the constitution of the United States, and on oath renounce and abjure his native allegiance. If he have been a minor, and shall have resided in the United States for three years next before his attaining his majority, he may be admitted without such declaration, on proving by two witnesses that he has resided five years in the United States, three years as a minor and two since he became of age, making the declaration of his intentions at the time of his admission, and declaring on oath and proving to the satisfaction of the court that for three years next preceding it had been his bona-fide intention to become a citizen. The alien's country must, at the time of his admission, be at peace with the United States. If an alien die after having made his declaration of intention and before his admission, his widow and children are citizens. The minor children of any one duly naturalized, if dwelling in the United States, are citizens. No. 114.-Form of Declaration of Intention. I, JOHN DOE, do declare, on oath, that it is bona Jide my intention to become a citizen of the United States, and to renounce for ever all allegiance and fidelity to all and any foreign prince, potentate, state, and sovereignty whatever; and particularly to the queen of Great Britain and Ireland, of whom I was a subject. JOHN DOE. Sworn in open court, this first day of October. 1850. 3 Clerk's Certificate. I, JOHN SMITH, clerk of the district court of the United States, do certify that the above is a true copy of the original declaration of intention of JOHN DOE to become a citizen of the United States, remaining of record in my office. In testimony whereof, I have hereunto subscribed my name, and affixed the seal of the said court, this first cay of October, one thousand eight hundred and fifty. (Seal of the court.) JOHN SMITH, Clerk. 12 134 NATURALIZATION. No. 115.-Affidavit of one who arrived before he was Eighteen. uI the matter of JOHN DOE, on his Naturalization. JOHN DOE, being duly sworn, says, that for the continued term of five years last past he has resided within the United States, and that for one year last past he has resided within the state of lIichigan; and at the time he so arrived in the United States he had not attained his eighteenth year; that it is bona fido his intention, and has been for the last three years, to become a citizen of the United States, and to renounce for ever all allegiance and fidelity to all and every foreign prince, potentate, state, and sovereignty whatever; and particularly to VICTORIA, the queen of Great Britain and Ireland, of whom he was a subject. JOHN DOE. Sworn in open court, the tenth day of August, 1850. JOHN SMITH, Clerk. No. 116.-Affidavit to prove the Intention of becoming a Citizen, to accompany the preceding Affidavit State of Michigan, to wit: County of Wayne, to wit: JOHN JONES, being duly sworn, says that he is a citizen of the United States, that he is well acquainted with the above-named JOHN DOE, and that the said JOHN DOE has resided within the territory of the United States for five years last past, and for one year last past in the state of Michigan; and that during such period he has behaved himself as a man of good moral character, attached to the principles of the constitution of the United States, and well disposed to the good order and happiness of the same; that for three years]last past it has been bona fide the intention of the said JOHN DOE to become a citizen of the United States, and that at the time the said JOHN DOE arrived in the United States he had not attained his eighteenth year. JOHN JONES. Sworn to in open court, this tenth day of August, 1850. JOHN SMITH, C. No. 117.-Proof of Residence, &c., to be made at the time of Admission. State of Indiana, County of Jefferson, to wit: PETER SMITH and JOHN JONES, being duly sworn, say that they are both of them citizens of the United States of America; that they know JOHN DOE, and that he has resided within the territory and jurisdiction of the United States for five years last past; that during that time he has behaved as a man of good moral character, attached to the principles of the constitution of the United States, and well disposed to the good order and happiness of the same. PETER SMITH, JOHN JONES. Sworn in open court,this first day of November, 1850, before me, GEORGE GOODMAN, Judge. QUATIFICATION OF VOTERS IN EACH STATE. 135 No. 118.-Oath to support the Constitution of the U. States, &c. I, JOHN DOE, do solemnly swear that I will support the constitution of the United States of America, and that I do ahsolutly and entirely renounce and aljure l all acgiance and fidielity to any foreign prince, potrntate, state, or sovrel.ignty whaltever and particularly to VICTORIA. queen of the United Kingdom of Great'Britaia and Ireland, of whom I was a subject. [Any title or order of no}bilitvy must also he renouuced.] Sworn in open court, the first day of Niovember, 1855, JOHN DOE. before me, GEORGE GOODMIAN, Judge. 5 Nd. 119.-Certificate of Citizenship. United States of America, } State of Indiana, County of Jefferson, ss Be it remembered, that on thefirst day of Noamber, in the year of our Lord one thousand eight hundred and fifty-five. JOHN DOE appeared in the circlit court (the said court biing a court of record, having common-law jurisdiction, and a clerk and seal), and alpplied to the said court to be admitted to become a citizen of the United Stat s of America, pursuant to the provisions of the several acts of the Congress of the United States of America, fior that purpose made and provided; and the said applicant having thereupon produced to the court such evidence, made such declaration and renunciation, and taken such oaths as are by the said acts required: Thereupon, it was ordered by the said court, that the said applicant be admitted, and he was accordingly admitted by the said court, to be a citizen of the United States of America. In testimony whereof, the se al of said court is hereunto affixed, this first day of NovCember, one thousand eight hundred and fifty-five, and in the seventy-eighth year of our Independence. Per curiam. JOHN SMITH, Cloak. fSeal of the Court.) QUALIFICATION OF VOTERS IN EACH STATE. MAINE.-Every male citizen of the United States of the age of twenty-one years (excepting paupers, persons under guardianship, and Indians not taxed), having his residence established in this state for the term of three months next preceding any election, shall be an elector in the town or plantation where his residence is so established. NEW HAMPSHIRE.-Every male inhabitant twenty-one years of age (excepting paupers, and persons excused from paying taxes at their own request), resident in the state six months, and of the town three months next preceding the election, is entitled to vote. VERMONT.-Every nman of the full age of twenty one years, havino resided in the state for the space of one whole year and in the town three nonths next before the election, who is of a quiet and peaceable I-ehavior, and has taken the freeman's oath, shall be entitled to all the privileges of a freeman. MASSACHUSETTS.-Every male citizen of the age of twenty-one years (except paupers and persons under guardianship), w.hio ias resided in the Commonwealth one year, and in the town or district in whi'ch he claims a right'to vote six months next preceding the elec. tion, may vote, provided they have paid all taxes assessed upon them (unless legally exempted) within two years next preceding the day of election. RHODE ISLAND.-The right of suffrage is granted- to every male native citizen of the United States twenty-one years.of age, who has had his residence and home in the state two years and in the town where he'purposes to vote six months next preceding the time of election, whose name has been registered in the town-clerk's office at least seven days.before he shall offer his vote, and who shall have paid a tax of.one dollar, or done military duty wvitlinl thl preceding year; also any male citizen (naturalized foreigner) of the United States who, in addition to the preceding qualifications (except only one year's residence is required), possesses real estate in the town or city where he offers his vote of the value of $184 over and above all incumbrances, or which rents for seven dollars per annum. The constitutional provisions are much more in detail than the above. CONNECTICUT.-Every white male citizen of the United States who shall have gained a settlement in this state; attained the age of twenty-one years, and resided ill the towns in which he may offer himself to be admitted to the privilege of an elector, at least six months preceding, and have a freehold estate of the yearly value of seven dollars inl this state; or having been enrolled in the militia, shall have performed military duty therein, for the ternm of one year next preceding the time he shall offer himself for admission, unless legally excused therefrom; or shall have paid a state tax withliln the year next preceding the tine he shall present himself, for such admission, and shall sustain a good moral chaiaccter, shall, ol his taking such oath as imay be prescribed by law, be an elector. Every voter jlust also be able to read any section of the constitution of the state and of the United States. NEW YotK.-Every male citizen aged twenty-one years, who shall have l)een a citizoe ten days, and is an nhhabitant of this state one year next preceding any electiou, and for thL 136 QUALIFICATION OF VOTERS IN EACH STATE. last four months a resident of the county, and for thirty days of the district, from which tile officer is to he chosen for whom he ofters his vote, shall be entitled to vote. Men of color, who are possessed of a freehold estate of the value of two hundred and fifty dollars, and residents of the state three years, and for one year seized of said estate of two hundred and fifty dollars over and above all debt and incumbrances charged thereon, and who shall have been actually.rated and paid a tax thereon, are entitled to vote. NEW JERSEY.-Every white male citizen of the United States of the age of twenty-one years, having been a resident of the state one year,.and of the county five months, next before the election, and who actually resides in the township Where he claims his vote, shall be entitled to vote (paupers, idiots, insane persons, and criminals, excepted). PENNSYLVANIA.-Every white freeman, being a citizen of the United States of the age of twenty-two years, having resided in the state one year, and in the election district where he offers his vote ten days immediately preceding such election, and within two years paid a state or county tax which has been assessed at Jeast ten days before the election, shall en. joy the rights of an elector. Persons between the ages of twenty-one and twenty-two years with residence as above, can vote without paying a tax. A.previously-qualified voter in the state, on returning, can vote after a residence of six months. DELAWARE.-Every free white male citizen of the age of twenty-two years or upward, having resided in the state one year next before the election, and.the last month thereof in the county where he offers to vote, and having, within two years next before the election, paid a county tax, which shall have been assessed at least six -months before the election, shall enjoy the right of an elector; and every free white male citizen of the age of twentyone years and under the age of twenty-two years, having resided as aforesaid, shall be entitled to vote without payment of any tax. MARYLAND.-Every free male person, being a citizen of the United States, above twentyone years of age, having resided in the state one year, and six months iir-the county, next preceding the election at which he offers to vote, shall have the right of suffrage. VIRGINIA.-Every white male citizen of the commonwealth of the age of twenty-one years. who has been a resident of the state two years, and of the county or town where he offers to vote for twelve months next preceding an election, shall be qualified to vote. NORTH CAROLINA.-All freemen (persons of color excepted) of the age of twenty-one years, who have been inhabitants of any one district within the state twelve months imme. diately preceding the day of any election, and shall have paid public taxes, shall be entitled to vote for members of the house of commons for the district in which he resides, and for the governor; to vote for a member of the senate he must have in addition to the same qualification a freehold of fifty acres of land in the county in which he offers to vote. SOUTH CAROLINA.-Every free white man of the age of twenty-one years (paupers ex. cepted), being a citizen of this state, and having resided therein two years previous to the day of election, and who hath a freehold of fifty acres of land, or a town lot, of which he. hath been legally seized, and possessed at least six months, before such election, or not hFp. ing such freehold or town lot, hath been a resident in the election district in which he offers to give his vote six months before the said election, and hath paid a tax the preceding year of three shillings sterling to the support of government, shall have a right to vote for me:mbers of the legislature for the election district in which he holds such property, or is resident. GEORGIA.-An elector must be twenty-one years of age; a citizen and inhabitant of the state one year; of tie county six months; and-have paid all the taxes which may have been required of him, and which he has bad an opportunity of paying agreeably to laws for the year preceding the election. In all elections for governor or electors of president and vicepresident. the county residence is not required. FLORIDA.-Every free white male person of the age of twenty-one years, a citizen of the United States. a resident of the state two years, and of the county in which he may offer his vote six months, immediately preceding the election, and who shall be enrolled in the militia of the state (unless exempted from militia duty), is a qualified elector. ALABAMA.-Every white male citizen ofthe age of twenty-one years, who shall be a citizen of the United States, having resided in this state one year next preceding an election, and the last three months in the city, county, or town, in which he offers to vote, shall be deemed a qualified elector. MisslssIPPi.-Every free white male citizen of the United States of the age of twenty-one years, who shall have resided in the state one year next preceding an election, and the last four months within the county, city, or town, in which he offers to vote, is a qualified voter. LoUISIANA.-Every free white male two years a citizen of the United States, of the age of twenty-one years, having resided in the state one year next preceding the election, the last six inonths thereof in the parish in which he offers to vote, has a right to vote; but no person who fights a duel, acts as second, or sends or accepts a challenge; can hold office or enjoy the right of suffrage. TExAS.-Every free male person over the age of twenty-one years, a citizen of the United States (Indians not taxed, Africans, and descendants of Africans, excepted) who shall have resided in the state one year next preceding an election, and the last six months in the district, county, or town. in which he offers to vote, shall be deemed a qualified voter, provided that qualified voters shall be permitted to vote anywhere in the state for state officers ARKANs.A.-Every free white male citizen of the United States (except idiots, insane persons, and persons convicted of infamous crimes), twenty-one years of age, a resident of the state six months next preceding the election, and of the county is which he claims to vote. s entitled to vote. QUALIFICATION OF VOTERS IN EACH STATE. 137 TENNESSEE.-Every free white man twenty-one years of age, a citizen of the United States, and resident of the county wherein he offers his vote six months next preceding the election, is entitled to vote. Also, all male persons of color of twenty-one years of age, who are competent witnesses in a court of justice against a white man, are entitled to vote. KENTUCKY.-Every free white male citizen of the age of twenty-one years, having had a residence in the state of two years, and in the county in which he offers to vote one year next preceding the election, is entitled to the right of suffrage. OHIO.-Every white male citizen of the United States of the age of twenty-one years, who slwll have been a resident of the state one year next preceding the election, and of the county, township, or ward, in which he resides such time as may be provided by law, shall have the qualification of an elector, and be entitled to vote at all elections. MICHIGAN.-The right of suffrage is held by every white male citizen above the age of twenty-one years; every white male citizen residing in the state on the 24th of June, 1835; every white male inhabitant residing in the state on the 1st of January, 1850, who has declared his intention to become a citizen of the United States six months preceding an election, or who has resided in the state two years and six months, and declared his intention as aforesaid, and every civilized male inhabitant of Indian descent, a native of the United States, and not a member of any tribe; but no citizen or inhabitant shall be entitled to vote at any election unless he has resided in the state three months, and in the township or ward in which he offers to vote ten days next preceding such election. INDIANA.-Every white male citizen of the United States of the age of twenty-one years and upward, who shall have resided in the state during the six months immediately preceding an election, and every white male, of foreign birth, of the age of twenty-one years and upward, who shall have resided in the United States one year, and in the state during the six months next preceding such election, and shall have declared his intention to become a citizen of the United States,hall be entitled to vote in the town or precinct where he may reside. ILLINOIS.-All white male citizens of the age of twenty-one years, having had a residence in the state one year next preceding the election, can exercise the elective franchise. MISSOURI.-Every free white male citizen of the United States of the age of twenty-one years, who shall have resided in the state one year before an election, the last three months whereof shall have been in the county or district where he offers to vote, shall be an elector. IOWA.-Every white male citizen of the United States (idiots, insane persons, and persons convicted of an infamous crime, excepted), of the age of twenty-one years, a resident of the state six months next preceding the election, and of the county in which be claims to vote twenty days, ts entitled to vote. WIscoNsIN.-Every male citizen of the age of twenty-one years, resident in the state one year next preceding an election, belonging to either of the following classes, is a qualified elector. 1. White citizens of the United States. 2. White persons of foreign birth who have declared their intentions to become citizens, conformably to the laws of the United States on the subject of naturalization. 3. Persons of Indian blood who have once been declared by the laws of Congress to be citizens of the United States. 4. Civilized persons of Indian descent, not members of any tribe. MINNESOTA.-All free white male inhabitants over the age of twenty-one years, who shall have resided within this territory for six months next preceding an election, shall be entitled to vote; provided, that they shall be citizens of the United States, or shall have resided within the United States for a period of two years next preceding such election, and declared on oath their intention to become such, and also to support the constitution of the United States, and the territorial government of Minnesota. Al persons of mixed white or Indian blood who have adopted the customs and habits of civilization, are entitled to vote. No insane person, or person who has been convicted of an infamous crime, unless restored to civil rights, shall be permitted to vote. KANSAS.-Every white male citizen of the United States. and civilized male Indian, twenty. one years of age, who shall have resided and had his home and place of permanent abode in the state six months, in the county thirty days, and in the district where he offers his vote ten days, immediately preceding the election, shall be deemed a qualified elector. Persons engaging in a duel, either as principals or assistants, lose the rights of an elector. NEW MExICO.-Every white male citizen of the United States, over twenty-one years of age, who shall have resided in the territory over one year, and in the county in which he offers to vote for three months, shall be entitled to vote and be elected to office in any election. No person prevented by the organic law of the territory, no officer or soldier in the United States army, and no person included in the term "camp followers" of the United States army, shall be entitled to vote or hold office in this territory. UTAH.-All free white male citizens of the age of eighteen years shall be considered legal voters. Military officers or soldiers in the United States service, stationed within the territory, are excepted. OREGON.-All white male inhabitants over the age of twenty-one years, who shall have resided within this territory for six montha next preceding an election, shall be entitled to vote; provided, that they shall be citizens of tne United States, or shall have declared their intention, on oath, to become such, or shall have resided six months in the territory, and fifteen days in the county where they offer to vote, next preceding the day of election. Persons insane or convicted of crime are excepted; also officers and soldiers of the United States army, unless they were residents of the territory at the time of their enlistment 12* 138 PATENT LAWS AND REGULATIONS. PATENT LAWS AND REGULATIONS. THE laws now in force relative to patents are those approved July 4 1836. March 3, 1837, March 3,1839, August 29, 1842, May 27, 1848, and March 3, 1841. The forms resting upon these are fixed, and can not, of course, be varied without the intervention of Congress; but rules, having their origin in the commissioner, can be revised or modified at his discretion. For what Patents may be granted.-By the act of 1836, section 6, patents were granted for any new and useful art, machine, manufacture, or composition of matter, or any new and useful improvement on any art, machine, manufacture, or composition of matter, not known or used by others before the applicant's discovery or invention thereof; and not, at the time of his application for a patent, in public use, or on sale, with his consent or allowance, as the inventor or discoverer; but, by the act of the 3d of March, 1839, no patent is held to be invalid by reason of the purchase, sale, or use of the invention, prior to the application for a patent, except on proof of abandonment of such invention to the public, or that such purchase, sale, or public use, has been for more than two years prior to such application for a patent. By the third section of the act of 18 12, patents are also granted for new and original design s:1. For a manufacture, whether of metal or other material. 2. For the printing of woollen, silk; cotton, or other fabrics. 3. For busts, statues, or bas-reliefs, or composition in alto or basso relievo. 4. For any impression or ornament (whether complete in itself, or) to be placed on any article of manufacture in marble or other material. 5. For any new and original pattern, or print, or picture, to be either worked into or worked on, or printed or painted, or cast or otherwise fixed on, any article of manufacture. 6. For any new shape or configuration of any article of manufacture. All such designs not being previously known or used by others. To whom Patents may be granted.-Patents are granted to citizens of the United States; to aliens who shall have been resident in the United States one year next preceding, and shall have made oath of their intention to become citizens thereof; to one or more assignees of entire patent-rights; to administrators and executors, and to foreign inventors or discoverers: but the law malies no provision for granting to the latter patents for new and original desiins. In case of the decease of an inventor before he has obtained a patent for his invention, " the right of applying for and obtaining such patent shall devolve on the administrator or executor of such person, in trust for the heirs-at-law of the deceased, if' he shall have died intestate; but if otherwise, then in trust for his devisees, in as full and ample manner, and under the same conditions, limitations and restrictions, as the same was held, or might have been claimed or enjoyed, by such person in his or her lifetime; and when application for a patent shall be made by such legal representatives, the oath or affirmation shall be so varied as to be applicable to them." Joint inventors are entitled to a joint patent, but neither can claim one separately. * What will prevent the granting of a Patent.-Even although the applicant has in good faith actually made an invention, a patent therefor will not be granted him if the wvlioi or any part of what he claims as new hld before been patented or described in any prinltld publication in this or any foreign country, or even if it had before been invented or discovered int this country, or if he has once abandoned his invention to the public; or if, witi his consent and allowance, it has been for more than two years in public use or on sale. The mere fact of prior invention or discovery abroad will not prevent the issue of the patent, unless the invention had been there patented or described in some printed publication. Merely conceiving the idea of an improvement or machine in this country, is not such an "invention" or "discovery" as is above contemplated. The invention must have been re PATENT LAWS AND REGULATIONS. 139 Mode. of Proceeding to obtain a Patent.-The application must be made by the actual inventor, i' alive, even although the patent is to issue to the assignee; but where the inventor is dead, the application and oath may be made by the executor or administrator. The application must be in writing, signed by the applicant, and addressed to the commissioner of patents. The following is the usual form, to be varied according to circumstances:No. 120.-Form of Petition. To the Commissioner of Patents: The petition of JOHN FITCH, of Philadelphia, in the county of Philadelphia, and State of PennsylvaniaRESPECTFULLY REPRESENTS, That your petitioner has invented a new and improved mode of preventing steam.-boilers from bursting, which he verily believes has not been known or used prior to the invention thereof by your petitioner. He therefore prays that letters-patent of the United States may be granted to him therefor, vesting in him and his legal representatives the exclusive right to the same, upon the terms and condition expressed in the act of Congress in that case made and provided: he having paid thirty dollars into the treasury, and complied with the other provisions of the said act. JOHN FITCH. The applicant must set forth in his specification the precise invention for which he claims a patent. If claimed as a mere improvement on another invention, that fact should be clearly stated; and if claimed as substantially differing fiom another invention with which it appears to be coincident, the difference must be clearly pointed out. Two or more separate machines will not be allowed to be the subject of one patent, whatever be the purpose for which they are used. This is intended to change the practice of the office in those respects wherein in certain cases all the machines used in the manufaqture of one article are allowed to be claimed in one application. The specification must be signed by the inventor (or by his executor or administrator if the inventor be dead), and attested by two witnesses. It should describe the sections of the drawings (where there are drawings), and refer by letters and figures to the different parts. The following is the form adopted by the office: — No. 121.-Form of Specification. To ALL W HOM IT MAY CONCERN: Be it know that I. JOHN FITCH, of Philadelphia, in the state of Pennsylvania, have invented a new and improved mode of preventing sfeam-boilersfiom bictsting; and I do hereby declare that the following is a full and exact description thereof, reference being lad to the accompanying drawings, and to the letters of reference marked thereon. The nature of my invention consists in providing the upper part of a steamboiler with an aperture in addition to that for the safety-valve; which aperture is to be closed by a plug or disk of alloy, which will fuse at any given degree of heat, and permit the steam to escape, should the safety-valve fail to perform its functions. To enable others skilled in the art to make and use my invention, I will proceed to describe its construction and operation. I construct my steam-boiler in any of the known forms, and apply thereto gauge-cocks, a safety-valve, and the other appendages of such boilers; but, in order to obviate the danger arising fromi the adhesion of the safety-valve, and from other causes, I make a second opening in the top of the boiler, similar to that made for the safety-valve, as shown at A, duced to a practical form, either by the construction of the machine itself, or of a model thereof, or at least by making a full drawingof it, before it will prevent a subsequent inventor from obtaining a patent. (See Hildreth vs. Heath, and Perry vs. Cornell, decided by Judge Crauch on an appeal from the commissioner.) 140 PATENT LAWS AND REGULATIONS. in the accompanying drawing; and in this opening I insert a plug or disk of fusible alloy, securing it in its place by a metal ring and screws, or otherwise. This fusible metal I, in general, compose of a mixture of lead, tin, and bismuth, in such proportions as will insure its melting at a given temperature, which must be that to which it is intended to limit the steam; and will, of course, vary with the pressure the boiler is intended to sustain. I surround the opening containing the fusible alloy by a tube, B, intended to londuct off any steam which may be discharged therefrom. When the temperature of the steam in such a boiler rises to its assigned limit, the fusible alloy will melt, and allow the steam to escape freely, thereby securing it from all danger of explosion. What I claim as my invention, and desire to secure by letters-patent, is the application to steam-boilers of a fusible alloy, which will melt at a given temperature, and allow the steam to escape, as herein described, using for that purpose the aforesaid metallic compound, or any other substantially the same, and which will produce the intended effect. JOHN FITCH. Witnesses, ROBERT FULrTON, We OLIVER EVANS. When the application is for a machine, the specification should commence thus:Be it known that I, JOHN FITCH, of Philadelphia, in the county of Philadelphia, and state of Pennsylvania, have invented a new and useful machine for stlating the use and title of the machine; and if the application is for an improvement, it should read thus: a new and useful improvement on a, or, on the, machine, &c.], and I do hereby declare that the following is a full, clear, and exact description of the construction and operation of the same; reference being had to the annexed drawings, making a part of this specification, in which figure 1 is a perspective view; figure 2 a longitudinal elevation; figure 3 a tranisverse section, &c.; [thus describing all the sections of the drawings, and then referring to the parts by letters. Then follows the description of the construction and operation of the machine; and lastly theeclaim, which should express the nature and character of the invention, and identify the parts claimed separately or in combination. If the specification is for an improvement, the original invention should be disclaimed, and the claim confined to the improvement] The applicant must then make oath or affirmation, which must be substantially as follows:No. 122.-Form of Oath. City and County of Philadelphia, State of Pennsylvania, On thisfirst day of December, 1855, before me, the subscriber, a justice of the peace, personally appeared the within named JOHN FITCH, and made solemn oath (or affirmation) that he verily believes himself to be the original and first inventor of the mode herein described for preventing steam-boilers from bursting; and that he does not know or believe the same was ever before known or used and that he is a citizen of the United States (Signed) JOHN SMITH, Justice of the Peace. In the case of an alien who has taken the requisite steps to become natural ized, the following form should be adopted:City and County of Philadelphia. State of Pennsylvania, On thisfr.st day of December, 1855, before me, the subscriber, a justice of the peace, personally appeared the within named JOHN FITCH, and made solemn oath (or affirmation) that he verily believes himself to be the original and first inventor of the mode herein described for preventing steam-boilersfrom bursting, and that he does not know or believe the same was ever before known or used; and that he is a native of the kingdom of Great Britain; that he has resided within PATENT LAWS AND REGULATIONS. 141 the United States for the whole of tlre past year, and has taken the oath prescribed by law fir becoming naturalized in this country. (Signed) JOHN SMITH, Justice of the Peace. If the applicant is an alien not residing in the United States, or if he has not taken the requisite steps to become naturalized, the oath must be modified accordingly. The oath may be taken before any person authorized by law to administer oaths. When the oath is taken in a foreign country, the oath may be taken before any minister plenipotentiary, charg6 d'affaires, consul, or commercial agent, holding commission under the government of the United States, or before any notary public of the country in which the oath is taken, being attested in all cases by the proper seal. The drawings required by law should generally be in perspective. Such parts as can not be shown in perspective must, if described. be represented in plans, sections, or details. Duplicate dawings should be sent to the office in the first instance. They should be neatly executed on sheets separate fiom the other papers frol eighteen to nineteen incdhes from top to bottom, a!d not less than thirteen across, nor more than twenty-five, unless more space is necessary to exhibit the device or machine with clearness. One of these drawings, which is to be kept in the office for reference, should be on stiff drawing-paper. The other, which is to be attached to the patent, should have a margin of one inch at least tbr that purpose on the right-hand side. and should be on some material that will bear folding and transportation. Each part should be distinguished by the same number or letter, wherever that part is delineated in the drawings, and should be referred to in the specification by such letter or number. These drawings should be signed by the applicant, and attested by two witnesses. The model must be neatly and substantially made of durable material, and not more than one foot in length or height, except when a larger model is permitted by special reasons to be shown by the applicant. Models filed as exhibits, in interference and other cases, should also, as far as practicable, conform to this rule as to size. Should they exceed this limit, they will not be preserved in the office after the termination of the case to which they belong. If made of pine or other soft Wood, they should be painted, stained, or varnished. A working model is always desirable, in order to enable the office fully and readily to understand the precise operation of the machine. The name of the inventor, and also of the assignee (if assigned), must be fixed upon it in a permanent manner. When the invention is of a composition of matter, a specimen of the ingredients and of the composition, must accompany the application, and the name of the in ventor, and assignee (if there be one), must be permanently affixed thereto. Models or specimens forwarded without a name are liable to be lost or mislaid, as they can not be entered upon the record. No application can be examined, nor can the case be placed upon the files for examination, until the fee is paid, the model or specimen deposited, and the specification, with the petition, oath, and drawings (when required), filed. The following persons are appointed agents to receive and forward to this office models, specimens, and manufactures, in accordance with the tenth section of the act of 1837: The collector of tie port of Portsmouth, N. H.; of Portland. Me.; of Burlington, Vt.; of Providence, R. I.; of Boston, Mass.; of Hartford, Conn.; of New York, N. Y.; of Philadelphia, Penn.; of Baltimore, Md.; of Richmond, Va.; of Savannah, Ga.; of New Orleans, La.; of Detroit, Mich.; of Buffhalo N. Y.; of Cleveland, Ohio; the surveyor at St. Louis, Mo.; at Chicago, Ill.; t Cincinnati, Ohio; at Louisville, Ky.; F. L. Roux, Charleston, S. C.; and William Bakewell, Pittsburg, Penn. The cost of transportation will in no case be defrayed by the office, unless the model is sent through one of the above-named agents, or unless sent through the cheapest ordinary channel of transportation; nor will it be defrayed in cases where larger models (either in application or as exhibits) are sent than can ba accepted and preserved under the rule before given. Of the Examination.-All cases in the patent-office are arranged in classes, which are taken up fbr examination in regular rotation. 142 PATENT LAWS AND REGULATIONS. Those in the same class are examined and disposed of, as far. as practicable, in the order in which the respective applications are completed. When, however, the applicant has a foreign patent for his invention, or when such invention is deemed of peculiar importance to some branch of the public service, and when, for that reason, the head of some department of the government specially requests immediate action, the case will be taken up out of its order. These, with' applications for additional improvements and reissues, are the only exceptions to the rule above stated in relation to the order of examination. A specification can not be amended in any material part unless there is something to amend by-that is to say, it can only be so amended to cause it to correspond with the drawing or model. A similar rule is enforced in regard to amendments of the drawing or model. And where any substantial change is made by describing or representing in the specification a new invention, not included as a portion of that originally described in the specification, a second affidavit must be made to the specification as amended, and the signature of witnesses will also be required anew. When the change thus made is very considerable, the case may be placed at the foot of tle list, to await its turn anew in the order of examination. After a case has been examined and the claim allowed, no alteration will be permitted in the character of the invention without a withdrawal of the case and the filing of a new application, or (if the patent be granted) an application for a reissue, or for an additional improvement, as the case may require. The personal attendance of the applicant at the patent-office is unnecessary. The business can be done by correspondence or by attorney. All correspondence must be addressed to the commissioner. When an application has been finally decided, the office will retain the original papers, furnishing the applicant copies — if he desires them-at the usual expense. If the patent is granted, it will be transmitted to the patentee, or to his agent in case he has a full power of attorney authorizing him to receive it. Of Withdrawrals.-If, when an application is rejected, the applicant relinquishes his claim, he must notify the conmissioner of the fact of such withdri-al, sending at the same time his receipt for two thirds of the fee paid by him, which will be thereupon returned. The model and papers will be retained by the office. The applicant may. however, have the duplicate drawing if he desires it. The applicant in such cases, will be entitled to receive back from the office two thirds of the fee paid by him at the time of making his application. But this right of withdrawal does not extend to applications for a design or for a reissue or additional improvement. In withdrawing an application, the following forms may be followed:To the Commissioner of Patents: SIR: I hereby withdraw my application for a patent for improvements in the cotton-gin, now in your office, and request that twenty dollars may be returned to me, agreeably to the provision of the act of Congress authorizing such withdrawal. ELI WHITNEY. CABOTVILLE, Mass., February, 16, 1856. Received of the treasurer of the United States, per CHARLES MASON, commis lioner of patents, twenty dollars, being the amount refunded on withdrawing my application for a patent for improvements in the cotton-gin. ELI WHITNEY. CABOTVILLE, Mass., February 16, 1856. Particular instructions should be given by the person withdrawing money from the office as to the manner in which the money shall be paid-whether to his order at this office. or remitted by mail. When caveats have been filed, withdrawals can be made the same as in other cases; but no part of the fee will be returned to the applicant until after he has completed his application by filing his specification and modeL PATENT LAWS AND REGULATIONS. 143 ectasning Patents in the Secret Archives.-No application upon which a patent has been ordered to issue shall be retained in the secret archives of the office, more than six months fiom the day on which the patent was ordered to issue. The request to have the application placed in the secret archives must in all cases be made by the patentee, or the assignee of all the interest therein, in writing, and filed with the chief clerk, before the patent shall be recorded. Of Appeals.-After a case has been once rejected, the applicant may have a second examination, by renewing his oath, either with or without an alteration of his specification. But such alteration must be in accordance with the instructions under the head of Examinations. After thus applying for a second examination, no withdrawal will be allowed. After a second rejection, the applicant may bring the case before the commissioner in person, and if still dissatisfied, may appeal to one of the judges of the circuit court of the District of Columbia. (See " Rules for Reconsiderations," p. 146) The mode of appeals is by giving notice thereof to the commissioner; filing in the patent-office, within such times as the commissioner shall appoint, his reasons of appeal; and paying to him the sum of twenty-five dollars. Blanks for the notice of appeal, the reasons of appeal, the petition, and copies of the appellate judge's rules, will be forwarded on a request addressed to the commissioner of patents. Of Interferences.-Vthen each of two or more persons claims to be the first il ventor of the same thing, an "interference" is declared between them, and a trial is had before the commissioner. Nor does the fact that one of the parties has already obtained a patent prevent such an interference; for although the commissioner has no power to cancel a patent already issued, he may, if he finds that another person was the prior inventor, give him also a patent, and thus place them on an equal footing before the courts and the public. Upon the declaration of an interference, a day will be fixed for closing the testimony, and a further day fixed for the hearing of the cause. Previous to this latter day, the arguments of counsel must be filed, if at all. If either party wishes a postponement of either the day for closing the testimony or the day of hearing, he must, before the day he thus seeks to postpone is past, show by affidavit a sufficient reason for such postponement. Of Reissues, and additional lfnroverments.-A reissue is granted to the ori ginal patentee, his heirs or assigns, when by reason of an insufficient or defective specification the patent is invalid, provided the error has arisen from inadvertency, accident, or mistake, without any fraudulent or deceptive intention. The general rule is, that whatever is really embraced in the original invention, and so described or shown that it might have been embraced in the original patent, may be the subject of a reissue. A modification of a patent so as to include an additional improvement is allowed in favor of the original patentee only, and may embrace any improvement made by him subsequent to the issting of the patent, but none other. In each of the above cases themnodified patent expires at the same time as the original patent would have done. For this reason such applications will be acted upon immediately after they are completed. Where a reissue is granted, the applicant may, at his option, have separate patents issued for the several distinct parts of the thing patented, by paying the requisite additional fees, and complying with the other requirements of the law as in original applications. In all cases of applications for reissues, and for additional improvements, the original claim is subject to re-examination, and may be revised and restricted in the sane manner as in original applications. But in all such cases, after the action of the patent-office has been made known to the applicant, if he prefers the patent originally granted to that which will he allowed by the decision of the office, he has the privilege of abandoning it, and retaining the old patent. The following are appropriate forms of application for reissues and for additional improvements: 144 PATENT LAWS AND REGULATIONS. No. 123.-Form of Surrender of a Patent for Reissue To the Commissioner of Patents: The petition of SAMUEL MORET, of Philadelphia, in the county of Philadelphia, - and State of PennsylvaniaRESPECTFULLY REPlESENTS, That he did obtain letters-patent of the United States foran improvement in the boilers of steam-engines, which letters-patent are dated on thefirst day of March, 1852; that he now believes that the same is inoperative and invalid by reason of a defective specification, which defect has arisen from inadvertence and mistake. He therefore prays that he may be allowed to surrender the same, and requests that new letters-patent may issue to him, for the same invention, for the residue of the period for which the original patent was granted, and the amended specification herewith presented, he having paid fifteen dollars into the treasury of the United States, agreeably to the requirements of the act of Congress in that case made and provided. SAMUEL MOREY. Form of Oath to be appended to Applicationsfor Reissue. City and County of Philadelphia,? State of Pennsylvania, s On this first day of December, 1855, before the subscriber, a justice of the peace, personally appeared the above-iamed SAMUEL MotEY, and made solemn oath (or affirmation) that he verily believes that, by reason of an insufficient or defective specification, his aforesaid patent is not fully valid and available to him; and that the said error has arisen from inadvertency, accident, or mistake, and without any fraudulent or deceptive intention, to the best of his knowledge or belief. JOHN SMITH. No. 124.-Form for Addition of New Improvements. To the Commissioner of Patents: The petition of JAMES RUMSEY, of the County of Berkeley, and State of Vit giniaRESPECTFULLY REPRESENTS: That your petitioner did obtain letters-patent of the United States for an improvement in the boilers of steam-engines, which letters-patent are dated on the first day of March, 1852; that he has since that date made certain improvements on his said invention; and that he is desirous of adding the subjoined description of his said improvements to his original letterspatent, agreeably to the provisions of the act of Congress in that case made and provided, he having paid fifteen dollars into thstreasury of the United States, and otherwise complied with the requirements of the said act. JAMES RUMSEY. A specification and claim should then follow substantially as in case of an original application. The oath must also be the same, except that he need not swear to citizenship, but instead thereof should state as follows: "And that said new improvement was made by him subsequently to the date of his aforesaid patent." Of Disclaimers.-*'here, by inadvertence, accident, or mistake, the original patent is too broad, a disclaimer may be filed, either by the original patentee or by any of his assignees. By the English law, as well as the act of 1836. if the patent were too broad, it was wholly invalid. The case is now different here, but still the necessity of a disclaimer is manifest (See act of 1837.) The following is a sufficientform for a disclaimer: PATENT LAWS AND RIEGULATIONS. 145 No. 125.-Form of Disclaimer. To the Commissioner of Patents: The petition of Sebastian Cabot, of Cabotsville, in the county of Hampden, and State of MassachusettsRESPECTFULLY REPRESENTS: That he has, by assignment, duly recorded in the patent-office, become the owner of a right for the several states of Massachusetts, Connecticut, and Rhode Island, to certain improvements in the steamengine, for which letters-patent of the United States were granted to JOHN DOE, of Boston, in the state of Massachusetts, dated on the first day of March, 1852: that he has reason to believe that, through inadvertence and mistake, the claim made in the specification of said letters-patent is too broad, including that of which the said patentee was not the first inventor. Your petitioner, therefore, hereby enters his disclaimer to that part of the claim in the aforenamed specification which is in the following words, to wit: [" I also claim the particular mannerin which the piston of the above-described engine is constructed, so as to insure the close fitting of the packing thereof to the cylinder, as set forth"]: which disclaimer is to operate to the extent of the interest in said letters-patent vested in your petitioner, who has paid ten dollars into the treasury of the United States, agreeably to the requirements of the acts of Congress in that case made and provided. SEBASTIAN CABOT. When the disclaimer is made by the original patentee, it must of course, be so worded as to express that fact. Of Extensions.-The power of extending a patent for seven years from the day on which it would expire, is now vested in the commissioner of patents. To justify the office in thus extending a patent, the two following questions must be first decided in the affirmative: 1st. Was the invention new and patentable when originally patented? 2d. Has the patentee, without neglect or fault on Iis part, failed to obtain from the use and sale of his invention a reasonable remuneration fbr the time, ingenuity, and expense, bestowed upon his invention, and the introduction thereof into use? The applicant for an extension should file his petition and pay in the requisite fee at least three months prior to the expiration of his patent, to give time for the sixty days' notice required to be given, and to allow a sufficient time to the commissioner to examine the case fully after the expiration of those sixty days. and previous to the day on which the patent is to expire. There is no power in the patent-office to renew a patent after it has once expired. The applicant for an extension must furnish to the office a statement in writing, under oath, of the ascertained value of the invention, and of his receipts and expenditures. The statement should be made particular and in detail, unless sufficient reason is set forth why such a statement can not be furnished. This statement must be filed within thirty days after filing his petition, as contemplated in he preceding section..'Any person opposing the extension of a patent must file his reasons in the patent-office at least twenty days before the day of hearing, as set forth in the notires published. He may also, at any time after the application for an extension las been made, give notice to the applicant of his intention to oppose the said extension. After this notice he will be regarded as a party in the case, and be entilled to notice of the time and place of taking testimony, as well as to a list of the names and residences of witnesses whose testimony may have been previously taken. The person opposing the extension will be entitled to a copy of the application, and any other papers on file, upon paying the costs of copying. In contested cases no testimony will be received, unless by consent, which has been taken within thirty days next after the filingof the petition for the extension. The notice of the application for an extension will fix a day for the closing of the testimony, and also a day for the hearing. The depositions and other papers relied upon as testimony must be filed in the office on or before the morning of the (lay next aft:r tlat fixed for ciosing the testimony; and the arguments (if I1: 146 PATENT LAWS AND REGULATIONS. any) must be filed within tel days thereafter, unless some other time be fixed by the office. Applications for a postponement of the hearing must be made and supported according to the same rules as are to be observed in the case of interferences. But they will not be granted in such a manner as to cause a risk of preventing a decision in season. Of Designs.-In making an application to patent a design, the same course is to be pursued as in case of an application for patenting a machine. No patent for a design can be obtained by an alien unless he has resided one year within the United States, and taken an oath of his intention to become a citizen thereof. The following, or other equivalent forms, are proper to be observed in applications of this nature:No. 126.-Form of Application for Patents for Designs. To the Commissioner of Patents: The petition of Benjamin West, of the city and county of Philade7phia, and State of Pennsylvania — RESPECTFUILY RFPRESENTS: That your petitioner has invented or produced [a new and original design fori a composition in f(lto-relievo], which he verily believes has not been klnown prior to the production thereof by your petitioner. He therefore prays that }ftters-patent of the United States may he granted to hiln therefor, vesting in him and his legal representatives the exclusive right to the same, upon the terms and conditions expressed in the act of Congress in that case made and provided: he liavinl paid fi;teen dollars into the treasury, and complied with the other provisions of the said act. BENJAMIN WEST. No. 127.-Form of Specification. To ALT W'HOM IT MAY CONCERN: Be it know that I. B ENJAlIIN WEST, of the city of Phil/del7phi', in the county of Phil^delphia, and state of Pennsylva. ria, have invented or produced a new and original design for a composition in alto-relievo, and I do hereby declare that the following is a full and exact description of the same:[Here follows a description of the design, with reference to the specimen or drawing, the specification to conclude with declaring what the inventor claims, in terms characteristic of the design, &c.] BENJAMIN WEST. W. itnesses' NOAH,WEBSTEll. Witnesses, NATHANIEL BOW-DITCH. No. 128.-Form of Oath. City and County of Philadelpkia. State of Penrnsylvani, ), a''i this tenth day of' November, 1855, before the subscriber, a justice of the 7,eace, personally appeared the within-named BENJAMIIIN WTST, and made solemn oath (or affirmation. as the case may be) that he verily believes himself lo be the original and first inventor or producer of the design for a colrposition in alto-relievo, and that he does not know or believe the same was ever before known or used; and that he is a citizen of the United States. JOHN SMITH. Of Foreign Patents.-The taking out of a patent in a foreign country does not prejudice a patent previously obtained here; nor does it prevent obtaining a patent here subsequettly. Vhen the patent is applied for here, after being obtained abrnad, it will extend only fourteen years from the date of the foreign patent. For this reason such PATENT ILAWS AND REGULATIONS. 147 cases will be acted upon out of their order, and as soon as the application is completed. Where an applicant seeks to make his a preferred case, in consequence of his having obtained a foreign patent, he should (temporarily) file in the office the patent so obtained. with the specifications (provisional or complete) attached, or a Fworn copy of those. But where such papers or copies can not be conveniently furnished, it will be sufficient if the reason of such inability be set forth by affidavit, and also the fact that a foreign patent has actually been obtained, giving its date, antl showing clearly that the invention so patented covers the whole ground of his present application. Of Patents obtained by Aliens.-Tf an alien neglects to put iis invention on public sale within eighteen months after the patent is granted, and to continue it on sale to the public on reasonable terms, his patent will cease to protect him. Of Caveats.-Any citizen, or an alien who has resided for one year last past in the United States, and has made oath of his intention to become a citizen thereof; can file a caveat in the secret archives of the patent-.ffice. And if at any time within one year thereafter another person applies for a patent for the same invention, the caveator will be entitled to notice, to complete his specification, and to go into interference with the applicant for the purpose of proving priority of invention, and obtaining a patent if that fact be proved. The caveator will not be entitled to notice of any application pending at the time of filing his caveat, nor of any application filed after the expiration of one year from the date of filing the caveat. But he may renew his caveat at the end of one year by paying a second caveat fee, which will continue it in full force for one year longer, and so on from year to year as long as the caveator desires. No caveat can be filed in the secret archives of the -fice unless accompanied by an oath of the caveator that he is a citizen of the United States, or that he is an alien and has resided for one year last past within the United States, and has ma!le oath of his intention to become a citizen thereof; nor unless the applicant also states, under oath, that he believes himself the original inventor of the art, machine, or improvement, set forth in his caveat. A caveat need not contain as particular a description of the invention as is requisite in a specification; but still the description should be sufficiently precise to enable the office to judge whether there is a probable interference when a subsequent application is filed. Caveat papers can not be withdrawn from the office nor undergo alteration after they have once been filed; but additional papers relative to the invention may be appended to the caveat (the'r date being noted), provided they are merely enendatory of the original caveat. In the case of filing papers supplementary to an original caveat, the right to notice in regard to the subject of those papers expires with the caveat; and any additional papers not relating to the invention first caveated will receive no notice. The caveator, or any other person properly authorized by him, can at any time obtain copies of the caveat papers at the usual rates. It is desirable that the caveat should be accompanied by drawings or sketches, and even by a model if convenient. The following will give a general idea of the proper form of a caveat:No. 129.-Form of Caveat. To the Commissioner of Patents: The petition of Sebastian Cabot, of Cabotsville, in the county of Hampden, and State of MassachusettsRESPECTFULLY REPRESENTS: That he has made certain improvements in the mode of constructing the boilers for sleam-egines, and that he is now engaged in making experiments for the purpose of perfecting the same, preparatory to his applying for letters-patents therefor. He therefore prays that the subjoined description of his invention may be filed as a caveat in the confidential archives of the patent-office, agreeably to the provisions of the act of Congress in that case 148 PATENT LAWS AND REGULATIONS. made and provided; he having paid twenty dollars into the treasury of the United States, and otherwise complied with the requirements of the said act. SEBASTIAN CABOT. CABOTVILLE, March 1, 1855. Here should follow a description of the general principles of the invention, so far as it has been completed. Penaltiesfor certain Acts.-Patentees or their assignees are required to affix the date of the patent on each article vended or offered for sale, under a penalty of not less than one hundred dollars. Stamping or affixing the name of any patentee on any article without authority to do so, or affixing the word " patent" or "letters-patent;" or the stamp, mark, or device, of any patentee on any unpatented article, is forbidden under a like penalty. Of the Repayment of Money.-Money paid by actual mistake will be refunded, but a mere change of purpose after the payment of money will not enable the person to obtain his money and withdraw his papers. Of Assignments.-An inventor can assign his entire right before a patent is obtained, so as to enable the assignee to take out a patent in his own name, but the assignment must first be recorded and the specification sworn to by the inventor. In the case of an assignment by a foreigner, the same fee will be required as if the patent issued to the inventor. After a patent is obtained, the patentee may assign the right to make or use the thing patented in any specified portion of the United States, but no such assignment to specified portions of the United States, made prior to obtaining the patent will enable the assignees to take out the patent in their own names. Every assignment should be recorded within three months fiom its date; but if recorded after that time, it will protect the assignee against any one purchasing after the assignment is placed on record. When the patent is to issue in the name of the assignee, the entire correspondence should be in his name. The receipt of assignments is not generally acknowleded by the office. They will be recorded in their turn within a few days after their reception, and then transmitted to persons entitled to them. No. 130.-Form of Assignment before obtaining a Patent. WHERFAS I, JETHRO WOOD, of Scipio, in the county of Caytga, and state of New York, have invented certain new and useful improvements in ploughs, for which I am about to make application for letters-patent of the United States; and whereas DAVID PEAcocK, of Bvrlington, New Jersey, has agreed to purchase from me all the right, title, and interest, which I have, or may have, in and to the said invention in consequence of the grant of letters-patent therefor, and has paid to me, the said WOOD, the sum of five thousand dollars, the receipt of which is hereby acknowledged: Now this indenture witnesseth, that for and in consideration of the said sum to me paid, I have assigned and transferred, and do hereby assign and transfer, to the said DAVID PFACOCK, the full and exclusive right to all the improvements made by me, as fully set forth and described in the specifications which I have prepared and executed preparatory to the obtaining of letters-patent therefor. And I do hereby authorize and request the commissioner of patents to issue the said letters-patent to the said DAvID PEACOCK, as the assignee of my whole right and title thereto, for the sole use and behoof of the said DAVID PEACOCK and his legal representatives. In testimony whereof, I have hereunto set my hand and affixed my seal, this sixteenth day of February, 1856. JETHRO WOOD. [SEAL.] Sealed and delivered in the presence ofGEORGE CLYMER, DAVID LRITTENHOUSK. PATENT LAWS AND REGULATIONS. 149 The form of assignment of the whole or a partial right in a patent, will be found on page 37. Of the Office Fees, and how.payable.-Nearly all the fees payable to the patent-office are positively required by law to be paid in advance. For the sake of uniformity and convenience, the remaining fees will be required to be paid in the same manner-that is to say, before the labor is performed for which they are to be received as payment. The following is the tariff of fees established by law:On every application for a design.................................. $15 00 On every caveat................................................... 20 00 On every application for a patent, if made by a citizen, or a foreigner who has resided here one year and made oath of his intention to become a citizen.......................................................... 30 00 On every application, if by a subject of Great Britain.................. 500 00 On every application, if by any other foreigner........................ 300 00 On every filing of a disclaimer....................................... 10 00 Ori every application for adding new improvement...............I... 15 00 On every application for a reissue................................... 15 00 On every additional patent granted on a reissue....................... 30 00 On every application for an extension................................ 40 00 On every appeal................................. 25 00 On every copy 6f patent, or other instrument, for every 100 words...... 10 On every copy of drawing, the cost of having it made. For recording every assignment of 300 words, or under................ 1 00 For recording every assignment, if over 300 and not over 1,000 words.... 2 00 For recording every assignment, if over 1,000 words................... 3 00 It is recommended that the money for the payment of fees should be deposited with an assistant treasurer, or other officer authorized to receive the same, taking his certificate and remitting the same to this office. When this can not be done without much inconvenience; the money may be remitted by mail at the risk of the owner, and in every case the letter should state the exact amount enclosed. In case of deposite made wrth the assistant treasurers, or other persons authorized to receive public moneys, a duplicate receipt should be taken, stating by whom the payment was made, and for what object. The particular invention should be referred to, to enable the applicant to recover the twenty dollars in case of the withdrawal of the petition. The certificate of deposite may be made in the following form:OFFICE OF THE ASSISTANT TREASURER, NEW YORK, Nov. 10, 1855. The treasurer of the United States has credit at this office for thirty dollars in specie, deposited by JOHN JONES, of the town of Goshen, in the county of Orange, and state of New York, the same being for a patent [or whatever the object may be] for a steam-boiler. HARD SCHELL. The following officers are authorized to receive patent fees on account of the treasurer of the United States, and to give receipts or certificates of deposite therefor, to wit: Assistant treasurer of the United States at New York, N Y.; at Bos. ton, Mass.; at Charleston, S. C.; at St. Louis, Mo.; Collector at Baltimore, Md.; at Richmond, Va.; at Norfolk, Va.; at Buffalo Creek, N. Y.; at Wilmington, N. C.; at Savannah, Ga.; at Mobile, Ala.; at San Francisco, Cal.; treasurer of the mint at Philadelphia. Penn; of branch mint at New Orleans, La.; surveyor and inspector at Pittsburg, Penn.; surveyor of the customs at Nashville, Tenn.; at Cincinnati, Ohio; receiver of public moneys at Little Rock, Ark.; at Jeffer sonvill, Ind.; at Chicago, III.; at Detroit, Mich; depositary at Tallahassee,-Fla. Any person wishing to pay a patent or other fee, may deposite. it with either of the officers above named, and forward the receipt or certificate to this office as evidence thereof Bank notes or checks can not be received. All money sent by mail, either to or from the patent-office, will be at the risk ot the ownr". In no case should money be sent enclosed with models. 13* 150 PATENT LAWS AND REGULATIONS. All payments to or by the office must be made in specie. But the office will endeavor, by all ii'!e p- r methods, to diminish the inconvenience and risk resulting from a rigid adhlr' il ce to this r'ule. Taking and transmitting Testimony-In contested cases, the following rules have been establilhfld tor takLing ani transmitting evidence:1. That all statement-, declarations, evidence, &c., shall be in writing, setting forth miruiely anld particulurly the point or points at issue, and shall be verified by oath ot affirnm tion. 2 That before the deposition of a witness or witnesses be taken by either party, notice shall be given to the oppo.ite party of the time and place when and where such deposition or depositions will be taken; so that the opposite party, either in person or by at. torney, shall have full opportunity to cross-examine the witness or witnesses. And such notice shall, with proof of service of the same, be attached to the deposition or depositions, whether the party cross-examines or not; and such notice shall be given in sufficient tine for the appeatance of the opposite party, and for the transmission of the evidence to the p;tent-office belfre the day of hearing. 3. That all evidence, &c., shall be sealed and addressed to the commissioner of patents, by the persons before whom it shall be taken, and so certified thereon. 4. That the certificate of the magistrate takinlg the evidence shall be substantially in the following form,, and written upon the envelope, viz:" I hereby certity, that the depositions of A. B., C. D., &c., relatine to the matter of interference between E. F. and G. H., were taken, sealed up, and addressed to the corn missioner of patents by me. JOHN SMITh, Justice of the Peace." In cases of extension, where no opposition is irade, exparte testionty will be received from the applicant; and such testimony as may have been taken by the applicant prior to notice of opposition, shall be received: provided, the applicant shall give prompt notice to the opposing party or parties of the names and residences of the witnesses whose testimony hts been thus taken. Th;t no evidence, statement, or declaration, touching the matter at issue, will be considered upon the said day of hearing, which shall not have been taken alld filed in coinpliaince with these rules: provided, that ii either party shall be unable, for good and sufficient reasons, to procure the testimony of a witness or witnesses within the stipulated time, then it ehall be the duty of said party to give notice of the same to the comnllissioner of patents, accompanied by statements, under oath, of the cause of such inability, and of the steps which have been taken to procure said testimony, and of the time or times when efloits' have been miade to procure it; which last-mentioned notice to the comllinsiolner shall be t:eceived by him previous to the day of hearing aforesaid. The notice for taking testimony must be served by delivering to the adverse party a copy. If he is not found, such service may be rmade upon his agent or attorney of record, or by leaving a copy at the party's usual place of residence, with some member of the falmily who has arrived at the years of discretion. It must be annexed to the deposition, with a certifictit., duly sworn to, stating the manner and time in which the service was made. The testimony must (if either palty desires it) he taken il, answer to interrogatorieshaving the questions and answers committed to writing, in their regular order by a Inagistrate, or, under his direction, by some person not interested in the issue, or the agent or;ttilrnety ofolte who is. The deposition. whf'n complete, must he signed by the wittess. The mIagistrate nmust append to the d, position his certificat,, stating the time and place at which it was taken, the names of the witnesses, the administnation of the oath, at who e request Iht testimony was taken, the occasion upon which it is intended to be used, the names of the adverse parties (if any), tnlid whether they were present. No notice will be taken, at the hearing, of any merely tormal or technical objection, unless it may reasonably be presumed to have wrought a substantial injury to the party raising the objection; nor even then, unless, as soon as that party became aware of the objection, he immediately gave notice thereof to the patent-office, and also to the opposite party, informing him at the same time that, unless corrected, he should urge his objeclio, at the hearing. The following forms are recommended for observance in taking depositions:No. 131.-Form of Deposition, A. B., being duly sworn, doth deposi anld say, il answer to interrogatories proposed to him by C. D., counsel for E. F., as follows, viz:1. Interrogatory. What is your namle, your residence and occupation? 1. Answer. My name is A. B.; I am a carpenter, and reside in Boston, Massachusetts. And in answer to cross-interrogatories proposed to him by G. H., counsel for 1. K., as follows, viz:1 Cross-interroffatory, 4e, (Signed) A. B. PATEN r LAWS AND REGULATIONS. 15] State of New York, l Rensselaer County, s At Troy, in said county, on the tenth day of December, A. D. 1855, before me personally appeared the above-nilmed A. B., and made oath that the foregoing deposition, by him ulbscribed, contains the whole truth, and nothing but the truth. The said deposition is taken at the request of E. F., to be used upon the hearing of an interference between the claims of the said E. F. and those of I. K., before the cotnliis. sioner of patents of the United States, at his office, on the tenth day of January next. The said I. K. was duly notified, as appears by the original notice hereto annexed, and attended by G. H., his counsel. Certified by me, L. M., Justice of the Peace. The magistrate must then seal up the deposition when completed, and endorse upon the envelope a certificate, accoiding to the form before prescribed, and sign it. Rules of Correspondence.-All correspondence must be in the name of the commissioner of patents; and all letters and other communications intended for the office must be addressed to him. If addressed to any of the other officers they will not be noticed, unless it should be seen that the mistake was owing to inadvertence. Where an agent has filed his power of attorney, duly executed, the correspondence will, in ordinary cases, be held with him only. A double correspondence with him and his principal. if generally allowed, would largely enhance the labor of the office. For the same reason, the assignee of the entire interest in an invention is alone entitled to hold correspondence with the office, to the exclusion of the inventor. If the principal becomes dissatisfied, he must revoke his power of attorney, and notify the office, which will then communicate with him. All communications to and from the commissioner npon official business are carried in the mail free of postage. Offiling Papers.-Every paper filed in the patent-office must be endorsed in such man. ner as to show its general character on the outside. They must be written in a fair, legible hand, without interlineation or erasure. Papers filed are considered permanent records of the office, and can not be withdrawn except to correct a clerical error. Of Astteidments.-All amendments of specifications or claims must be made on sepa. rate sheets of paper from the original, and must be permanently fastened to the original papers before filing. When amendments are required, the papers themselves are generally returned to the applicant; hut it is only to enable him to make those amendments so as to be in harmony with the context. Even when the amendment consists in striking out a portion of the epecification or other paper, the same course should be observed. No erasure must be made. The papers must remain for ever just as they were when filed, so that a true history of all that has been done in the case may beigathered from them. The following are given as specimens of the forms proper to be observed in such cases: "I hereby amend my specification by inserting the following words after the word -- in the - line of the - page thereof" [here should follow the words that are to hb inserted]; or, " I hereby amnd my specification by striking out the - line of the - page thereof;" or, "bystliking out the first and fourth claims appended thereto," or whatever may be the amendnment desired by the applicant. The forms of other amendments will readily suggest themselves. In each case the exact words to be struck out or inserted should be clearly described, and the precise point where any insertion is to be made. Where papers are,eturned to the applicant for amendment, the original papers must in all cases be returned to the office for preservation, together with the arnendme-nts. In some cases amendments will be permitted to be made by writing out the entire paper anew; but even when this is d(ne, the original paper must be returned and preserved. No paper will be allowed to be taken from this office unless receipted for, or unless a written request be filed by the party entitled to control'the case, nor until all interlineations and erasures are clearly noted on the paper in such a manner as to prevent the possibility of any change being made without the certainty of immediate detection. The practice which has been sometimes pursued of placing the affidavit of the appli cant on one piece of paper, and the signature to the specification on another, so that both may be detached and applied to other papers, will be looked upon with suspicion, and any such substitution will be carefully guarded against. No such specifications will be received unless attached together by a tape, both the ends of which arel secured by the seal of the officer who administelred the oath, or usnless that officer at least has subscribed his name upon each seplrate sheet of paper, so as to chow that the specification presented is the same that was subscribed and sworn to. Rules for Reconsiderations.-The following rules will be strictly observed, except when, for cause shown, in special cases a modification shall be allowed by the commissionler:-'pton the rejection of an application for a patent for the want of novelty, the applicant PATENT LAWS AND REGULATIONS. will be furnished with references to the cases on which the rejection was made, with a brief explanation of the cause of rejection. If h1 dsires a c(opy of the cases so referred to, or of the plates or drawings connected with thlle, these will all bu lorwarded to hiln oi) payment of the cost of making such copies. If the applicant feels able to remove the objections raised by the office, he may himself, or by his agent, come before the proper exlaminer, between two and three o'clock, P. M., on any Monday, Wednesday, or Friday, of the week, for the purpose of making the desired explanations, or he may forward his reasons in writing, to be laid before the examiner. Should there be-notwithstanding these reasons-a seeond rejection, the applicant may in person, or by his agent, or in writing, as above contemplated, bring the matter before the commissioner, who will, if possible, examine the case in person; but should he not be sufficiently at leisure, it will be referred to a board of examiners. The decision attained in either of these modes will be final, so far as the action of the patent-office is concerned. The only remaining remedy will be by appeal in those cases allowed by law. Of giving or withholding Information.-Aside from the caveats, which are required by law to be kept secret, all pending applications are, as far as practicable, preserved in like secrecy. No information will therefore be given to inquiries whether any particular patent is before the office, or whether any particular person has applied for a patent. But information is given in relation to any case after a patent has issued, or after a patent has been refused, and the further prosecution of the application has been abandoned. The models in such cases are so placed as to be subject to general inspection; the specifications and drawings in any particular case can be seen by any one having particular occasion to examine them, and copies thereof, as well as of patents granted, will be furnished to any one willing to pay the bare expense of making them. Copies will be made on parchment at the request of an applicant, upon his paying the additional cost. Even after a case is rejected, the application is regarded as pending until after the decision of an appeal thereon, or until alter the party has withdrawn the case from the further consideration of the office; but if a party, whose application has been rejected, allows the matter to rest for two years without taking any further steps therein, he will be regarded as having abandoned his application, so far at least that it will no longer be protected by any rule of secrecy. And in all cases where the specification is withdrawn from the office, and retained by the applicant or his agent for six months or upward, the like abandonment will be presumed. The specification, drawings, and model, will then be subject to inspection in the same manner as those of patented or withdrawn applications. Information in relation to pending cases is given so far as it becomes necessary in con. ducting the business of the office, but no further. Thus when an interference is declared between two pending applications, each of the contestants is entitled to a knowledge of so much of his antagonist's case as to enable him to conduct his own understandingly. And where the rejection of an application is founded upon another case previously rejected, but not withdrawn or abandoned, the rejected applicant will be furnished with all information in relation to the previously rejected case which is necessary for the proper understanding and management of his own. When an applicant claims a certain device, and the same device is found described but not claimed in another pending application which was previously filed, information of the filing of such second application is always given to the prior applicant, with a sug. gestion that if he desires to claim a patent for that device, he should forthwith modify his specification accordingly. But where the application which thus describes a device without claiming it is subse. quent in date to that wherein such device is claimed, the general rule is, that no notice of the claim in the previous application is given to the subsequent applicant. But where, there are any special reasons to doubt whether the prior applicant is really the inventor of the device claimed, or where there are any other peculiar and sufficient reasons for departing from the rule above stated, the office reserves to itself the right of so doing without its being regarded as a departure fiom established rule. The office can not respond to inquiries as to the novelty of an alleged invention, in advance of an application for a patent, in manner pointed out on page 138, for obvious reasons; nor to inquiries founded upon brief and imperfect descriptions, propounded with a view of ascertaining whether such alleged improvements have been patented, rand if so, to whom; nor can it act as an expounder of the patent-law, or as counsellor bor individuals, except as to questions arising within the office. All business with the office should be transacted in writing, unless, by the consent of all parties, the action of the office will be predicated exclusively on the written record. No attention will be paid to any alleged verbal promise or understanding, in relation to which there is any disagreement or doubt. PUBLIC LANDS —PR E-EMPTION. 153 PUBLIC LANDS-PRE-EMPTION. THE right of pre-emption to the public lands of the United States is granted and defined by the act of Congress of September 4, 1841, and the amendatory or supplementary act of March 3, 1843. The regulations which we here present have been compiled from instructions issued from the general land-office to tile registers and receivers, and will be found to contain all the information requisite to enable pre-emptors to avail themselves of the privileges of the acts. The individual claiming the benefits of the act of 1841, as amended by the act of 1843. must be1. Either a citizen of the United States, or have filed his declaration of'intention to become a citizen, at the time of the settlement on which his claim is based. 2. Either the head of a family, or a widow, or a single man over the age of twenty-one years. 3. An inhabitant of the tract sought to be entered, upon which in person he has made a settlement and erected a dwelling-house, and otherwise improved said tract since the ist of June, 1840, and prior to the time when the land is applied for; which land must, at the date of the settlement, have had the Indian title extinguished, and been surveyed by the United States. By the ninth section of the act of the 3d of March, 1843, the entry of a claim under the act of the 4lh of September, 1841, may be made, although it may be for land not surveyed at the time of the settlement, where such settlement was made prior to the 4th of September, 1841, and after the extinguishment of the Indian title. A person failing in any one of these requisites can have no claim by virtue of this act. A person bringing himself within each of the above requirements by proof satisfactory to the register and receiver of the land-district in which the lands may lie, taken pursuant to the rules hereinafter prescribed, will, after having taken the affidavit required by the act, be entitled to enter, by legal subdivisions, any number of acres not exceeding one hundred and sixty, or a quarter-section, to include his residence, and he may avail himself of the same at any time prior to the day of the commencement of the public sale, including said tract where the land has not yet been proclaimed. Where the land was subject to private entry at the date of the law, and a settlement shall thereafter be made upon such land, or where the land shall have become, or shall hereafter become, subject to private entry, and after that period a settlement shall be made, which the settler is desirous of securing under this act, such notice of his intention must be given within thirty days after the date of such settlement. Such notice, in all cases, must be a written one, describing the land settled upon, and declaring the intention of such person to claim the same under the provisions of this act. (See forms 131 and 132.) The proof; affi. davit, and payment, must be made within twelve months after the date of such settlement. Where the land has not been offered at public sale, and thus rendered subject to private entry, a similar "notice in writing" must be filed within three months after settlement (or sooner, if the land is proclaimed for sale); and the proof, pay. ment, and affidavit of the claimant, must be made before the day fixed for the commencenent of the public sale which shall include the tract claimed. (See form 133.) A person who has filed, or shall hereafter file, according to law, a declaratory statement for a tract of land subject to private entry, may enter the same after the twelve months from the time of his settlement shall have expired, without 154 PUBLIC LANDS-PRE-EMPTION. filing any proof of his right as a pre-emptor, provided he is the first applicant, after that time, for the entry of the same at private sale. The tracts liable to entry under these acts are some one of the following designations:1. A regular quarter-section, notwithstanding its quantity, may be a few acres more or less than one hundred and sixty; or a quarter-section, which, though fractional in quantity by the passage of a navigable stream through the same, is still bounded by regular sectional and quarter-sectional lines. 2. A fractional section, containing not over one hundred and sixty acres, or any tract being a detached or anomalous survey, made pursuant to law, and not exceeding said quantity. 3. Two adjoining half quarter-sections of the regular quarters mentioned in the first designation; or, two adjoining eighty-acre subdivisions of the irregular quarters found on the north and west sides of townships, where more than two such subdivisions exist, or the excess may render them necessary, provided in the latter case the aggregate quantity does not exceed one hundred and sixty acres. 4. Two half quarter or eighty-acre subdivisions of a fractional or broken section, adjoining each other, the aggregate quantity not exceeding one hundred and sixty acres. 5. A regular half-quarter and an adjoining fractional section, or an adjoining half-quarter subdivision of a fractional section, the aggregate quantity not exceeding one hundred and sixty acres. 6. If the pre-emptor should not wish to enter the quantity of one hundred and sixty acres, he may enter a single half-quarter section, or an eighty-acre subdivision of a fractional section. 7. One or mole adjoining forty-acre lots may be entered, the aggregate not exceeding one hundred and sixty acres. 8. A regular half-quarter, a half-quarter subdivision, or a fractional section, may each be taken with one or more forty-acre subdivisions lying adjoining, the aggregate not exceeding one hundred and sixty acres. Forty-acre tracts or quarter-quarter sections, are subject to entry, selection, or location, precisely in the same manner that eighty-acre tracts, or half quarter sections, have heretofore been. Only one person on a quarter-section is protected by this law, and that is the one who made the first settlement, provided he shall have conformed to the other provisions of the law. A person who has once availed himself of the provisions of Ihis act, can not at any future period, or at any other land-office, acquire another right under it. No person who is the proprietor of three hun.dred and twenty acres of land in any state or territory of the United States, is entitled to the benefits of this act. No person who shall quit or abandon his residence on his oaw land, to reside on the public land in the same state or territory, is entitled to the benefits of this act; and satisfactory proof must be furnished that he has not done so. Land is not properly, legally surveyed, until the surveys made by the deputies are approved by the surveyor-general; but in accordance with the spirit and intent of the law, and for the purpose of bringing the settler within its provisions, the land is to be construed as surveyed when the requisite lines are run on the field, and the corners established by the deputy-surveyor. No assignments or transfers of pre-emption rights can be recognised. Tho patents must issue to the claimants, in whose names alone all entries must be made. Sundry Descriptions of Land which are exempted from the Operations of this Act.-1. Lands included in any reservation by any treaty, law, or proclamation, of the president of the United States, and lands reserved for salines or for other purposes. 2. Lands reserved for the support of schools. 3. Lanls acquired by either of the last two treaties with the Miami tribe of Indians in the state of Indiana, or which may be acquired of the Wvandot tribe of Indians in the state of Ohio, or other Indian reservation to which the title has PUBLIC I.ANDS-PRE-EMPTION. 150 been or may be extinguished by the United States at any time during the opera tion of these acts. 4. Sections of land reserved to the United States, alternate to other sections granted to any of the states for the construction of any canal, railroad, or other public improvement. 5. Sections or fractions of sections included within the limits of any incorporated town. 6. Every portion of the public lands which has been selected as a site for a city or town. 7. Every parcel or lot of land actually settled and occupied for the purposes of trade, and not agriculture. 8. All lands on which are situated any known salines or mines. Persons claiming the benefits of this act, are required to tile duplicate affidavits such as the law requires,.and to furnish proof by one or more disinterested witnesses of the facts necessary to establish the three requisites pointed out in the commencement of these instructions, and that referred to in a succeeding place, in relation to the claimant not having quit or abandoned his residence on his own land. The witnesses are to be first duly sworn or affirmed to speak the truth and the whole truth, touching the subject of inquiry, by some officer competent to administer oaths and affirmations; and, if not too inconvenient by reason of distance of residence fiom the land office of the district, or other good cause, must be examined by the register or receiver, and the testimony reduced to writing in their presence, and signed by each witness, and certified by the officer administering the oath or affirtation, who must also join in certifying as to the respectability and credit of each witness. In case adverse claims shall be made to the same tract, each claimant will be notified of the time and place of taking testimony, and allowed the privilege of cross-examining the opposite witnesses, and of producing counter-proof, which will also be subject to cross-examination. W hlen, by reason of distance, sickness, or infirmity, the witnesses can not come before the register or receiver, these officers are authorized to receive their depositions, which must be, in all other respects, conformable to the within regulations. The proof furnished to the register or receiver, in all cases, should consist of a simple detail of facts merely, and not of statements in broad or general terms, involving conclusions of law. It is the exclusive province of the register or receiver to determine the legal conclusions arising from the facts. For instance, a witness will not be permitted to state that a claimant is the "head of a family," &c., following the words of the law, but must set forth the facts on which he grounds such allegations; because such a mode of testifying substitutes the judgment of the witness for that of the register or receiver, and allows him not only to determine the facts, but the law. A witness may possibly conscientiously testify that a minor son, living with a widowed mother, was the head of the family; and, in another case, similar in point of fact, another witness, equally conscientious, might testify that the widowed mother was the head of the family. There can not be a uniform construction given to the law, if it is carelessly left to the opinion of every witness. Registers and receivers have therefore been instructed not to receive as testimony or proof a general statement, which embodies, in general terms, the conclusions of law, without stating the facts specifically. The witnesses must state, if the pre-emptor be the "head of a family," the facts which constitute him such; whether a husband having a wife and children, or a widower, or an unmarried person under twenty-one years of age, having a fmily, either of relatives or others depending upon him, or hired persons, or alaves. All the facts respecting the settlement in person, inhabitancy or personal residence, the time of commencement, the manner and extent of continuance, as well aB those showing the apparent objects, should be stated. It must te stated that the claimant made the settlement on the land in person; that he has erected a dwelling upon the land; that the claimant lived in it; and 156 PUBLIC LANDS-PRE-EMPTION. made it his home, &c. By this means, the register or receiver will be enabled to determine whether or not the requisites of the law have been complied with in any given case. The only affidavit required of the claimant is that prescribed by the thirteenth section of the act of 1841. (See form 134.) This affidavit must be taken "before the register or receiver of the land-district in which the land is situated," before an entry is permitted, and must be of the same date with the certificate of entry. An affidavit before any other person will not justify the entry of the land. Duplicates thereof must be signed by the claimant.* A claimant is bound to prove his right to, and enter, all the land embraced by his declaratory statement, if liable to the operations of the act. No transfer or assignment of his claims can be made by a claimant under the law of 1841. The law declares such "null and void." The proof filed by every claimant must show the tinmet of the conmencement of the settlement. The second section of the act of March 3, 1843, provides for the rights of parties who shall have died before consummating their claims, by the filing, in due time, of all the papers essential to establish the same. If proof ol such right shall be filed, and payment therefor be made by the e:xeculor. adiniistroator, or one of the heirs, during the period prescribed by the law lpon which the claim is foundled, the entry may be made in the name of " the heirs" of the deceased claimant. A patent on such an entry will cause the title to inure to said heirs, as if their names had been specially mentioned. In cases of this kind, the affidavit re quired of the pre-emptor will be taken by the person so filing the proof; and should such person be one of the heirs, he or she should be of age and mind competent to appreciate the nature and obligation of an oath. (See form 135.) The fourth section of the act of 1843 declares it unlawful for an individual, who has once filed a declaration for one tract of land, to file at any future time a second declaration for another tract. This has reference to those required, under the fifteenth section of the act of 1841, for land subject at the time of settlement to entry at private sale. The fifth section requires that similar notices or declarations in writing should be filed by settlers, under the act of the 4th of September, 1841, on land not subject to private entry. These declarations are to be filed in the office of the register or receiver by every such settler within three months after his settlemenit. By the sixth section, a claimant is authorized hereafter to file a declaration, under the law of the 4th of September, 1841, or to make an entry of a claim under it, although the time prescribed by the law, for the filing of such declaration, or the making of such entry, shall have expired, provided the claimant was prevented, by vacancy in either the receiver's or register's office, from performing said act or acts within such time, and shall perform the duties required by the. law within the same period after the disability is removed, as he would have had if such vacancy had not occurred. The price of public lands is $1.25 per acre; but by act ot 1855, the price is reduced for lands which have been in the market upward of ten years, to $i,.); upward of fifteen years, to 75 cents; of twenty years, to 50 cents, of twetty-five years to 25 cents; of thirty years, to 12 cents; except mineral and: reserved landsal provided the land is purchased for actual settlement and cultivation, ail, not more than 320 acres are so purchased. Pre-enpturs have a right to thelse graduated prices, subject to the foregoing forms and restrictions The only things required of a purchaser of public lands are, that he shall make an application in writing to the register for the tract desired to be entered and pay to the receiver the purchase-money. He will find a blank applicatior; at any of the land-offices where such purchase may be desired to be made. * The law provides that " if any person shall swear falsely in the premises, he or she shlial be subject to all the pains and penalties of perjury, and shall forfeit the money which lie oi she may have paid for said land, and all right and title to the same; and any grant or conveyance which he or she may have made, except in the hands of bona-fide purchasers tor a valuable consideration. shall be null and void." t This date is all important for the purpose of determining in all cases whether the settle ment was made within the proper time, and whether the declaratory statement was filed in dua season, and the entry made within the legal period after the settlement. PUBLI IANDS-'RE-E MPTION. 157 S o. 131. —orm for Cases where the Land claimed was subject to Private Entry prior to September 4, 1841. I, JoHN DoE, of the town of Peoria, in the county of Peoria, and state of Iltinois, being [the head of a family, or widow, or single man over the age of tw7enty one years, as the case /may be, and a citizen of the United States, or having filed my declaration to become a citizen as required by the naturalization laws, as the case may be], have, since the first day of June, one thousand eight hundred and forty, to wit: on the fifteenth day of January, one thousand eight hundred and fifty, settled and improved the northeast quarter of sect. number two, in township number founr north., of range number eight east, in the district of lands subject to sale at the land-office at Chicago, and containing one hundred and sixty acres, which land was subject to private entry at the passage of the act of the fourth of September, one thousand eight hundred and forty-one; and I do hereby declare my intention to claim the said tract of land as a pre-emption right under the provisions of said act of the fourth of September, one thousand eight hundred and forty-one. Given under my hand, this twentieth day of January, one thousand eight hundred and fifty. JOHN DOE. Signed in presence of JOHN SMITH. No. 132.-For Cases where the Land claimed shall have been rendered subject to Private Entry since Septerber 4, 1841. I, JOHN DOE, of the town of Galena, in the county of Jo Daviess, and state of Illinois, being [the head of a family, or widow, or single man over the age of twentty-one years, as the case may be, and a citizen of the United Slates, or having filed my declaration to become a citizen as required by the naturalization awe, as the case may be], have, since the first day of June, one thousand eight hundred and fifty, settled the southeast quarter of section number three, in township number five north, of rangefour east, in the district of lands subject to sale at the land office of Chicago, and containing one hundred and sixty acres, which land has been rendered subject to private entry since the passage of the act of the fourth of September, one thousand eight hundred and forty-one, but prior to my settlement thereon; and I do hereby declare my intention to claim the said tract of land as a pre-emption right, under the provisions of said act of the fourth of September, one thousand eight hundred and forty-one. Given under my hand, this first day of July, one thousand eight hundred and fifty. JOHN DOE. Signed in presence of JOHN SMITH. No. 133.-Declaratory Statement for Cases where the Land is not subject to Private Entry. I, JOH. DOE, of the city of Detroit, in the county of VWayne, and state of Michigan, being, &c. [as zn Nos. 131 and 132], have, on thefirst day of October, one thousand eight hundred and fity, settled and improved the northeast quarter of section number ten, in township number eight nor/h, of range nlrmber siz east, in the district of lands subject to sale at the land-office at Detroit, and contaiiing one hunired eand sixty acres, which land has not yet been offered at public sale, and thus rendered subject to private entry; and I do hereby declare my intention to claim the said tract of lant as a pre-emption right, under ihe 14 158 PUBLIC LANDS-PRE-EMPTION. provisions of said act of the fourth of September, one thousand eight hundred and forty-one Given under my hand, this tenth day of October, one thousand eight hundred and ffty. JOHN DOE. Siguted in presence of JOHN SMITH. No. 134.-Affidavit required of Pre-emption Claim. ant. I, JOHN DOE, claiming the right of pre-emption under the provisions of the act of Congress, entitled "An act to appropriate the proceeds of the sale of the pub. lic lands, and to grant pre-emption rights." approved September 4, 1841, to the northwest quarter of section number two, of township number six north, of range number two west, subject to sale at Chicago, do solemnly swear [or affirm, as the case may be], that I have never had the benefit of any right of pre-emption under this act; that I am not the owner of three hundred and twenty acres of land in any state or territory of the United States, nor have I settled upon and improved said land to sell the same on speculation, but in good faith to appropriate it to my own exclusive use and benefit; and that I have not, directly or ihdirectly, made any agreement or contract, in any way or manner, with any person or persons whatsoever, by which the title which I may acquire from the government of the United States should enure, in whole or in part, to the benefit of any person except myself. JOHN DOE. I, JOHN SMITH, register [or JOHN JONEs, receiver], of the land-office at Chicago, do hereby certify that the above affidavit was taken and subscribed before me, tllis irst day of November, one thousand eight hundred and fifty. JOHN SMITH, Register. Or, JOHN JONES, Receiver. No. 135.-Form of Affidavit to be filed in Cases, under the Act of the 4th of September, 1841, where the Settler shall have died before proving up and entering his Clair. I JOHN DOE [executor of the estate of RICHARD ROE, or adminirstratr of the estate of RICHARD ROE, or one of the-heirs of RICHARD ROE, aged forly years, as the case may be], do solemnly swear [or n.ffrm, as the case may be], that, to the best of my knowledge and belief, the said RICHARD ROE, who was a settler on the north half of the northeast quarter of section number seven, of township number three north, of range number one east, subject to sale at Chicago, has never had the benefit of any right of pre-emption, under the act entitled " An act to appropriate the proceeds of the sales of the public lands, and to grant preemption rights," approved September 4, 1841; that he was not, at the time of his death, the owner of three hundred and twenty acres of land in any state or territory of the United States; that he did not settle upon and improve the above tract of land on speculation, but in good faith to appropriate it to his own exclusive use and benefit; and that he has not, directly or indirectly, made any agreement or contract, in any way or manner, with any person or persons whatsoever, by which the title which he might have acquired from the government of the United States should enure, in whole or in part, to the benefit of any person except himself JOHN DO E, Executor, [Or administrator, or one of the heirs of RICHARD ROE, as the case msay be]. 1. JOHN SIlTH, register [or JOHN JoNES, receiver] of the land-office at Cht. cago, do hereby certify that the above affidavit was taker. and subscribed before me, thisJifth day of December, one thousand eight hundred and ffty. JOHN SMITH, Register. Cr JOHN JONES, Receiver MILITARY BOUNTY LANDS. 159 MILITARY BOUNTY LAND-BILL. ON the 2Sth September, 1850, Congress passed an act granting bounty land to certain officers and soldiers who have been engaged in the military service of the United States, or to their widows or minor children. To enable the numerous class who are affected by the privileges of the law, to avail themselves of its benefits, we insert the law entire. Be it enacted by the Senate and House of Representatives of the United States of America in Co.gress assembled, That each of the surviving, or the widow or minor children of deceased commissioned and non-commissioned officers, musicians, or privates, whether of regulars volunteers, rangers, or militia, who performed military service in any regiment, company or detachment, n the service of the United States, in the war with Great Britain, declared by the United States on the eighteenth day of June, eighteen hundred and twelve, or in any of the Indian wars since seventeen hundred and ninety and each of the commissioned officers who was engaged in the military service of the United States in the late war with Mexico, shall be entitled to lands as follows: Those who engaged to serve twelve months, or during the war, and actually served nine months, shall receive one hundred and sixty acres; and those who engaged to serve six months, and actually served four months, shall receive eighty acres; and those who engaged to serve for any, or an indefinite period, and actually served one month, shall receive forty acres: Provided, That whenever any officer or soldier was honorably discharged in consequence of disability in the service be-, fore the expiration of his period of service, lie shall receive the amount to which lie would have been entitled if he had served the full period for which he had engaged to serve: Provided, The person so having been in service shall not receive said lands, or any part thereof, if it shall appear by the muster-rolls of his regiment or corps that he deserted, or was dishonorably discharged fiom service, or if he has received or is entitled to any military land bounty under any act of Congress heretofore passed. SECT. 2. And be it further enacted, That the period during which any officer or soldier may have remained in cuiitivitv with the enemy shall be estimated and added to the period of his actual service, and the person so detained in captivity shall receive land under the provisions of this act in the same manner that he would be entitled in case he had entered the service for the whole term made up by the addition of the time of his captivity, and had served during such term. SECT. 3. And be itfurther enacted. That each commissioned and non-commissioned officer, musician, and private, for whom provision is made by the first section hereof, shall receive a certificate or warrant from the department of the interior for the quantity of land to which he may be entitled, and which may be located by the warrantee, or his heirs-at-law, at any land-office of the United States, in one body, and in conformity to the legal subdivisions of the public lands, upon any of the public lands in such district then subject to private entry; and upon the return of such certificate or warrant, with evidence of the location thereof having been legally made, to the general iand-office, a patent shall be issued therefor. In the event of the death of any commissioned or non-commissioned officer, musician, or private. prior or subsequent to the passage of this act, who shall have served as aforesaid, and who shall not have received bounty land for said services, a like certificate or warrant shall be issued in favor and enure to the benefit of his widow, who shall receive one hundred and sixty acres of land, in case her husband was killed in battle but not to her heirs: Provided, She is unmarried at the date of her application: Protided furtlher, That no land warrant issued under the provisions of this. act shall be laid upon any land of the United States to which there shall be a pre-emption right, or upon which there shall be an actual settlement and cultivation, except with the consent of such settler, to be satisfactorily proven to the proper land-officer. SECT. 4. And be itfurther enacted, That all sales, mortgages, letters of attorney, or other instruments of writing going to affect the title or claim to any warrant or certificate issued, or to be issued, or any land granted, or to be granted, under the provisions of this act, made or executed prior to the issue, shall be null and void to all intents and purposes whatsoever; nor shall such certificate or warrant, or the land obtained thereby. be in any wise affected by, or charged with, or subject to, the payment of any debt or claim incurred by such officer or soldier prior to the issuing of the patent: Provided, That the benefits of.his act shall not accrue to any person who is a member of the present Congress: Provided further, That it shall be the duty of the cormlmissioner of the general land-office, under such regulations as may be prescribed by the secretary of the interior, to cmttse to be located, free of expense, any warrant which the holder may transmit to the general land-hofice for that purpose, in such state and land-district as the said holder or warrantee nay designate. and upon good farminz land, so far as the same can be ascertained firtom the mlaps, plats, and fitld-notes of the surveyor, or from any other information in the possession of the local office; and upon the location being made, as aforesaid, the secretary ihall cause a patent to be transmitted to such warrantee: And provided further, That no patent issued under ilis act shall be delivered upon any power of attorney or agreement dated before the passage of this act; and that all such powers of attorney or agreements be considered asnd treat. ed as null and void. 160 MILITARY BOUNTY LANDS. The preceding act was amended in 1852, making all warrants for military or bounty land, wllicl- have been or may hereafter be issued under any law of the United States,.and al' valid locations of the same, assignable by deed or instrument in writing, executed accord ing to such forms as may be prescribed by the commissioner of the General Land office. The act also provides, that any person holding land by right of pre-emption, may use land-warrants in payment for such lands. When warrants shall be located on lands which are subject to entry at a greater minimumn than one dollar and twenty-five cents per acre, the locator shall pay the difference in cash. Holders or assignees of land-warrants, on entering lands, are required to pay to the Register the same compensation or percentage to which he is entitled when selling lands for cash. The act also provides, that in all cases where the militia, of volunteers, or state-troops of any State or Territory, were called into military service, and whose services have been paid by the United States subsequent to the 18th of June, 18129 the officers and soldiers of such militia, &c., shall be entitled to all the benefits of the preceding act, and shall receive lands for their services according to the provisions of said act upon proof of length of services as therein required. An act was passed March 3, 1855, in addition to the foregoing acts, granting bounty lands to certain officers and soldiers who have been engaged in the military service oi the United States, and not participants in the benefits of the preceding acts as follows:Each of the surviving commissioned and non-commissioned officers, musicians, and privates, whether of regulars. volunteers, rangers, or militia, who were regularly mustered into the service of the United States, and every officer, commissioned or non-coltmis.ioned, seaman, ordinary seaman, marine, clerk, and landsman in the navy, in any of the wars in which this country has been engaged since seventeen hundred and ninety, and each of the survivors of the militia, or volunteers, or state troops of any state or territory, called into military service, and regularly mustered therein, and whose services have been paid by the United States, shall be entitled to receive a Certificate or warrant from the department of the interior for one hundred and sixty acres of land; and where any of those who have been so mustered into service and paid shall have received a cert.ficate or warrant, he shall be entitled to a certificate or warrant for such quantity of land as will make, in the whole, with what he may have heretofore received, one hli)drid snd sixty acres to each such person having served as aforesaid: Provided, The per.on so having been in service shall not receive said land warrant if it shall appear by the muster rolls ot his regiment or corps that he deserted, or was dishonorably discharged from service: The benefits of this section shall be held to extend to waigon. masters and teamsters who may have been employed, under the direction of conpetent authority, in time of war, in the transportation of military stores and supplies. In case of the death of any person who, if living, would be entitled to a certificate or warrant, as aforesaid, under this act, leaving a widow, or, if no widow, a minor child or children, such widow, or, if no widow, such minor child or children, shall be entitled to receive a certificate or warrant for the same quantity of land that such deceased person would be entitled to receive under the provisions of this act, if now living: a subsequent mlarriage shall not impair the right of any such widow to such warrant, if she be a widow at the time of making her application: those shall be considered minors who are so at the time this act shall take efft ct. Int no case shall any such certificate or warrant be issued for any service less than foilrteen days, except where the person shall actually have been engaged in battle, and unless;he party claiming such certificate or warrant shall establish his or her right therefto by record evidence of said service. Siid certificates or warrants may be assigned, transferred, and located by the war. rantees, their assignees, or their heirs-at-law, according to the provisions of existing laws regulatilg tile assignment, transfer, and location of bounty-land warrants. No warrant issued under the provisions of this act shall belocated on any public lands, except such as shall at the time be subject to sale at either the minimum or lower graduta^d prices.'he registers and receivers of the several land offices shall be severally authorized to charge and receive for their services in locating all warrants under the provisions of this act the same compensation or per-centage to which they are entitled by law for sales of the public lands, for cash, at the rate of one dollar and twenty-five cents per acrt; the said compensation to be paid by the assignees or holders of such warrants. The provisions of this act, tind all the bounty-land laws heretofore passed by Congress, shal be ext ndled to Indians, in the same manner and to the same extent as if the said Inadians had been white men. Th, otfficers and soldiers of the revolutionary war, or their widows or minor children; those who selved-as volunteers at tile invasion of Plattsburg, il September, 1814; also at the battle of King's lMontain, in the revolutionary war, and the battle of Nickojack ag.iaust.l d coniildediated savages of the Soth; the chaplains who served with tile army ill lieh seve rrl w.urs of the country; anid flotilla-men, aind those who served as volinntcers at the attack on Lewietowil, in Delaware, by tile British fleet, in the war of 1812-15, shall be entitled to the beuefits of this act. SPECIAL STATE LAWS. MAINE. Constitdtion adopted 1820.-Square Miles 32,628.-Population in 1850, 583,026. Exemptions. THERE is exempt from sale on execution the debt. or's wearing-apparel, beds, bedsteads, bedding, and:, ~ll _ ohousehold utensils necessary for himself, his wife and children, provided that the beds and bedding so exempted shall not exceed one bed, bedstead, and necessary bedding, for every two persons, nor the other household furniture the value of fifty dollars; the tools of any debtor necessary for his trade or occupation; all bibles and schoolbooks in actual use in the family, and one copy of the statutes of the state; all cast-iron and sheet-iron stoves used exclusively for warming buildings; one cow, and one heifer till she shall become three years old; two swine, one of which shall not weigh more than one hundred pounds; and when he owns a cow, and a heifer more than three years old, or two swine, each weighing more than one hundred pounds, he may elect the cow, or the heifer, or either of the swine, to be exempt as aforesaid; ten sheep, and the wool that may be sheared from them, and thirty hundred weight of hay for the use of said cow, and two tons for the use of said sheep, and a sufficient quantity for said heifer according to its age; all produce of farms while standing and growing, until harvested, and corn and grain necessary and sufficient for the sustenance of the debtor and his family, not exceeding thirty bushels; one pew in any meetinghouse where he and his family statedly worship; all potatoes raised or purchased for the consumption of himself and family; all firewood conveyed to the debtor's house for the use of himself and family, not exceeding twelve cords; one boat, not exceeding two tons' burden, usually employed in ishing-business, belonging wholly to an inhabitant of this state; one plough, of the value of ten dollars; one cart, of the value of twenty-five dollars; one harrow, of the value of five dollars; and one cooking-stove, of the value of thirty-five dollars; and all an thracite and bituminous coal and charcoal conveyed to any person's house to be consumed in the family of such person, not exceeding five tons of anthracite and fifty bushels of bituminous; one pair of bulls, steers, or oxen, raised by the owner from his own cows, or purchased by him before the said bulls or steers were one year old, or by him at any time obtained by exchange of said bulls, steers, oi oxen, for others of the same age, with a sufficient quantity of hay to keep the same through the winter seaspn, provided that the owner began to raise or pur chased said stock after the 24th day of April, 1839; one ox-yoke, with bows ring, and staple, value of three dollars; two chains value of three dollars; one ox sled value of ten dollars; one pair of oxen, steers, or bulls, purchased or obtained legally, the same as if raised; one or two horses, instead of oxen, not to exceed one hundred dollars in value; one barrel of flour, and ten dollars worth of lumber wood, or bark; also, any piece of land, not exceeding half an acre, appropriated by any nunber of individuals as a place of burial, constantly enclosed with a fence, and not used for the purposes of cultivation; a description of which, under the hands of individuals who appropriated the same, attested by two disinterest, ed witnesses, shall have been recorded in the registry of deeds in the county or registry district where the land lies. CIO,-~ I t~ 91AV/ 7 AA/^)!^^<'~W! - - *' Ir - ^-) ^J ^-1^ ^^v-^;3 ^ ^ \^i^~^"~^ -^71^ ^ W^^f 111 ^-^ ^^^ ^ ^,> ^ l ^~ ^]^ ) i^^^ "^ ^ c~t^ /^ ^^.^ ^ ^^ ~ ~ ~ ~ II r-. )^^^^^~^T ^^^i^^^ ~~~~ \bz~ L, } \ ^ ^ /, \ i^^^ ^ ___~~~~~~~~~~~~~~~~~~~~~~~dLC~s _____ ^ ___ ____ 8 ___ q iLI QTa 53.0 0________S ____ ~ The' =,-; __ =-= M —.. - - ---' _ _ Se.'... XQa o- p a ASMAIN G TO.1 a a nor r re i. jO COr1$q% I. G __ Andover 9- b.er0 an A z00 -- A:=V, Lon.E.sfroml a ion 110 164 SPECIAL LAWS OF MAINE. Homestead Exemption. A LOT of land, dwelling-house and out-buildings thereon, or so much thereof as shall not exceed five hundred dollars in value-the property of a householder in actual post session thereof-exempted from any debt contracted after January 1st, 1850. The widow and minor children of any person deceased who held property thus exempted, may continue to hold the exempted premises during the minority of such children, or while said widow remains unmarried; and the exempted property shall not be sold during such minority, or while such widow remains unmarried, for the payment of any debt contracted prior to January 1st, 1850. Exemptions under this act shall not operate to defeat the liens of mechanics, as provi. ded oh the statutes. The head of any family, or any householder, wishing to avail himself of the benefits of this act, may file a certificate by him signed, declaring such wish, and describing the property, with the register of deeds, in the county where the same is situate; and upon receiving the fees now allowed for recording deeds, such register shall record the same in a book kept for that purpose: and so much of the property as does not exceed the value aforesaid, shall be for ever exempt from liability for any debt contracted by such householder after the date of the recording of the certificate; and the record in said register's office shall be prima facie evidence that the certificate purporting to be there recorded, was made, signed, and filed, as appears upon such record. And upon being recorded as aforesaid, the property as described in the first section of this act shall be exempted within the provisions thereof. When property, exempted as aforesaid, is claimed by a creditor to be of greater value than five hundred dollars, it may be seized on execution, and the appraisers shall first set off such part of the property as the debtor may select, and if he neglects so to do, the officer may select for him to the value of five hundred dollars, by metes and bounds; and shall then appraise and set off to the creditor, in manner now prescribed tby law, the remainder, or so much thereof as may be necessary to satisfy such execution; and the appraisers shall be sworn accordingly, and the officer shall make return of his doings thereon. Mechanics' Lien. ANY ship carpenter, calker, blacksmith, joiner, or other person, who shall perform labor or furnish materials for or on account of any vessel building or standing on the stocks, or under repairs after having been launched, shall have a lien on such vessel for his wages or materials, until four days after such vessel is launched or such repairs afterward have been completed; and may secure the same by an attachment on said vessel within that period, which shall have precedence of all other attachillunts. In case any such creditor shall demand or claim more for his said services performed or materials furnished as aforesaid than is just and reasonable, the owner, agent, or contractor, may tender the full, fair, and just balance to such claimant, and such tender shall, if refused, absolutely discharge the lien on such vessel. Any person who shall perform labor or furnish materials for erecting, altering, or repairing any house or other building or appurtenances, or furnish labor or materials for the above purposes by virtue of any contract with the owner thereof, shall have a lien, to secure the payment of the same, upon such house or building, and the lot of land on which the same stands, and upon the right of redeeming the same when under mortgage; and such lien shall continue in force for the space of ninety days from the time when such payment becomes due, notwithstanding the decease of any such debtor and the representation of his estate as insolvent. And the administrator or executor of any insolvent estate shall, upon citation, be holden to answer to any action brought upon a claim secured by such lien. Such person may secure the benefit of such lien by an attachment of such house or building, land, or right of redemption, within the said ninety days; and such attachment shall have precedence of all other attachments not made under any such lien. When the debtor shall tender to the creditor the sum justly due to him, as aforesaid, such lien shall cease. In case of the death of any person owing a debt secured by a lien in the manner above contemplated, within the ninety days mentioned therein, and before the commencement of the action mentioned above, then a further time of sixty days from and after an appointment of an administrator or executor, and notice thereof given, shall be allowed in which to commence said action, and such lien shall continue m force during said sixty days. When any lot or parcel of land, or any mill-privilege, may be leased for the purpose of having a house, shop, mill, or other building, erected or placed thereon, and rent is reserved in the lease, all the buildings erected as aforesaid. together with all the interest SPECIAL LAWS OF MAINE. 165 which the lessee before had or may have in the premises, by force of such lease, shall remain liable to be attached by any such lessor or his assignee, to secure the rent due on such lease, notwithstanding any previous transfer of property by the lessee, provided such attachment be made within six months from the time such rent becomes due. Every person in whose name any merchandise shall be shipped, shall be deemed the true owner thereof, so far as to entitle the consignee of such merchandise to a lien thereon for any moneys advanced or negotiable security given by such consignee to and for the use of the person in whose name such shipment shall have been made, and for any money or negotiable security received by the person in whose name the shipment shall have been made, to and for the use of any such consignee. Any person who is entitled to receive annual compensation for damages sustained to his land by the overflowing of a milldam, shall have a lien therefor from the time of the institution of the original complaint, on the mill and milldam, with the appurtenances, and the land under and adjoining the same, and used therewith, provided that it shall not extend to any sum due more than three years before the commencement of the action. If the demandant in a writ of entry shall claim an estate for life only in the premises, and if he shall pay any sum allowed to the tenant for improvements, he or his executors or administrators, at the termination of his estate, shall be entitled to receive of the remainder man, or reversioner the value of such improvements as they then exist and shall have a lien therefor, and he may keep possession thereof accordingly till the same be paid. Chattel Mortgages. No mortgage of personal property that shall he made after April 20, 1854, where the debt thereby secured amounts to more than the sum of thirty dollars, shall be valid against any other persons than the parties thereto, unless possession of the mortgaged property be delivered to, and retained by, the mortgagee, or unless the mortgage shall be recorded by the clerk of the town where the mortgagor resides; and if said mortgagor shall be a corporation established by the law of this state, said mortgage shall ne recorded by the clerk of the town where the said corporation shall have its established place of business; and provided further, if said mortgagor shall reside in an unincorporated place or plantation, said mortgage shall be recorded in the oldest adjoining town in the same county. Personal property mortgaged may he redeemed by the lawful claimant at any time within sixty days after breach of condition, unless the property has been sold, in pursuance of the contract of the parties, or on execution for debt of mortgager. Upon tender of lawful amount, if the property is not returned, the party entitled to redeem may replevin. Law regulating Contracts. No action shall be brought and maintained in any of the following cases: — 1. To charge an executor or administrator, upon any special promise, to answer damages out of his own estate:. 2. To charge any person, upon any special promise, to answer for the debt, default, or misdoings, of another: 3. To charge any person upon an agreement made in consideration of marriage: 4. Upon any contract for the sale of lands, tenements, or hereditaments, or of any interest in or concerning them: 5. Upon any agreement that is not to be performed within one year from the making thereof; unless the promise, contract, or agreement, upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and be signed by the party to be charged therewith, or by some person thereunto lawfully authorized. The consideration for the agreement need not be expressed in the writing. No action shall be brought to charge any person, upon or by reason of any representation or assurance made concerning the character, conduct, credit, ability, trade, or dealings, of any other person, unless suchr representation or assurance shall be made in writing, and signed by the party to be zkarged thereby, or by some person thereunto by him lawfully authorized. No contract for the sale of any goods, wares, or merchandise, for the price of thirty dollars or more, shall be allowed to be good, unless the purchaser shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind lie bargain, or in part payment, or some note or memorandum in writing, of the said bargain, be made and signed by the party to be charged, or by his agent, theroeunt by him lawfully authorized. 166 SPECIAL LAWS OF MAINE. Limitation of Actions. Ti: following actions shall be commenced within six years next after the cause of action shall accrue, and not afterward, namely:1. All actions of debt, founded upon any contract or liability, not under seal, except such as tire 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, or of some justice of the peace in this state. 2. All actions upon judgments rendered in any court, not being a court of record, except justices of the peace in this state. 3. All actions for arrears of rent I. All actions of assumpsit, or upon the case, founded on any contract or liability, ex. press or implied. 5. All actions for waste, and all actions of trespass on land, and all actions of trespass, except those of trespass for assault, battery, and false imprisonment. 6. All actions of replevin, and other actions for taking, detaining, or injuring goods or chattels. 7. All other actions on the case, except actions for slanderous words and for libels. All actions against a sheriff, except for the escape of prisoners committed on execu. tion, for the negligence or misconduct of-his deputies, shall be commenced within lour years next after the cause of action shall accrue. All actions of assault and battery and for false imprisonment, and all actions tcr glanderous words and for libels, shall be commenced within two years next after the cause of action shall accrue. All actions for the escape of prisoners committed on execution shall be commenced within one year next after the cause of action shall accrue. No scire facias shall be served on bail, unless within one year next after judgment rendered against the principal. All actions against an endorser of a writ must be commenced within one year next after judgment entered in the original action. None of the foregoing provisions shall apply to any action brought upon a promissory note which is signed in the presence of an attesting witness, uor to an action brought upon any bills, notes, or other evidences of debt, issued by any bank. In all actions of debt or assumpsit brought to recover the balance due upon a mutual and open account, the cause of action shall be deemed to have accrued at the time ol the last item proved in such account. If any person entitled to bring any of the before-mentioned actions, shall, at the time when the cause of action accrues, be a minor, a married woman, insane, imprisoned, or without the limits of the United States, such person may bring the actions within the times respectively limited, after the disability shall be removed. All personal actions on any contract not limited by any of the foregoing sections, or any other law of the state, shall be brought within twenty years after the accruing of the cause of action. When a writ shall fail of a sufficient service or return, by any unavoidable accident, or by the default or negligence of any officer to whom it was delivered or directed; or when such writ shall be abated, or the action otherwise avoided and defeated, for any matter of form, or by the death of either party; or if a judgment for the plaintiff shall be reversed on a writ of error, in such case the plaintiff may commence a new action on the same demand within six months after the abatement or determination of the original suit, or reversal of judgment in the same; and if the cause of action by law survives, his executor or administrator, in case of his death, may commence such new action within said six months. No action shall be maintained against any person as surety in a replevin bond, unless the writ be served on him within one year after the final judgment in the action of replevin. In suits by aliens, the time of continuance of war between the United States and the country of which such alien is the subject is not deemed a part of the time limited for the commencement of any of the before-mentioned actions. In actions of debt or upon the case founded upon any contract, no ackowledgment or promise shall be allowed as evidence of a new or continuing contract, whereby to take any case out of the operations of the provisions of [these limitations], or to deprive any party of the benefit thereof, unless such acknowledgment or promise be an express one, and made or contained in some writing signed by the party chargeable thereby. If there are two or more joint contractors, such acknowledgment or promise, made or signed by one or more, shall not deprive the other joint-promissor of the benefit of the limitation. If. at the time when any cause of action mentioned in this act shall accrue against any person, he shall be out of the state, the action may be commenced within the time herein limited therefor, after such person shall come into the state; and if, after any cause of action shall have accrued, the person against whom it shall have accrued shall be absent from and reside without the state, time of his absence shall unt be taken as any part of the time limited for the commencement of the action. SPECIAL LAWS OF MAINE. 167 REAL ACTIONS AND RIGHTS OF ENTRY.-No person shnll commence ary real or mixed action for the recovery of lands, or make an entry therecn, unless within twenty years after the right to make such entry, or bring such action, first accrued, or within twenty years after he or those under or from whom he claims, and shall have been seized or possessed of the premises, except as hereinafter provided. If such right or title first accrued to an ancestor or predecessor of the person who orings the action or makes the entry, or to any other person from, by, or under whom he claims, the said twenty years shall be computed from the time when the right or title so first accrued to such ancestor, predecessor, or other person. If any minister, or other sole corporation, shall be disseized, any of his successors may enter upon the premises, or may bring an action for the recovery of them at any time within five years after the death, resignation, or removal of the person disseized, notwithstanding the twenty years after the disseizin shall have expired. If, at the time when such right of entry or of action upon or for any lands shall first accrue, the person entitled to such entry or action shall be within the age of twenty-one years, or a married woman, insane, imprisoned, or absent from the United States, such person, or any one claiming from, by, or under him, may make the entry or bring the action at any time within ten years alter such disability shall be removed, notwithstand-.n, the twenty years before limited in that behalf shall have expired. NO real or mixed actions for the recovery of lands shall be commenced by or on benalf of the state, unless within twenty years from and after the day ou which this act shall become.a law, or within twenty years next after the time of the accruing of the title to the state. No person shall acquire any right or privilege of way. air, or light, or any other casement, from, in, upon, or over the land of another, by the adverse use and enjoyment thereof, unless such use shall have been continued uninterrupted for twenty years. No action for the recovery of any estate, sold under license by an executor, administrator, or guardian, shall be maintained by any heir, or other person claiming under the deceased testator or intestate, unless it be commenced within five years next after the sale. No real or mixed action for the recovery of any lands in this state shall be commenced or maintained against any person in possession of such lands, where such person or those under whom he claims have been in actual possession for more than forty years, and claimling to hold the same in his or their own right-and which possession shall nave been adverse, open, peaceable. notorious, and exclusive. In re;ls or mixed actions, if it appears that the tenant and those under whom he claims have had notorious alnd exclusive possession of the ldminded premrises for a period of foirtv vyer next preceding the eommencemrnnt of the demandant's action claiming to holi the same ad versely against all persons in fee simple, and it is lound by a jury that the tenant, and those under whom he claims, have so occupied, demandants recover no costs. Collection of Debts. ARR;.ST.-No person shall be arrested on mesne process on any suit brought on any contract, express or implied, or brought on any judgment founded on such contract, except as provided in the following section:Any person, whether a resident within this state or not, may be arrested and held to bail, or committed to prison on mesne process on any contract, expressed or implied, when the suin demanded amounts to ten dollars, or on a judgment founded on contract, when the debt originally recovered and still remaining due is ten dollars or more, exclusive of interest on such judgment, when he is about to depart and reside beyond the limits ot this state, with property or means exceeding the amount required for his own immediate support, provided that the creditor, his. agent or attorney, shall make oath hetore a justice of the peace, to be certified by such justice on the said process, that he he has reas-on to believe, and does believe, that such debtor is about to depart and reside, and to take with him property or means as aforesaid, and that the demand in the said process, or the principal part thereof, amounting to at least ten dollars, is due to him. In all actions not founded on contract, or on a judgment on such contract, the original writ or process shall run against the body of the defendant, and he may be thereon arrested and imprisoned, or he may give bail. ATTACHMENT.-All goods and chattels may be attached and held as security to satisfy thte judgment for damages and costs, which the plaintiff'may recover, except such as from their nature and situation have been considered as exempted from attachment according to the principles of the common law, as adopted and practised in this state, and such as are exempt from levy or sale on execution. All real estate which is liable to be taken in execution may be attached on mesria process, and held as security for the purposes aforesaid. 168 SPECIAL LAWS OF MAINE. Deeds. IT is necessary that they be sealed with a seal in this state, but there need he but one attesting witness, nor need the wife of the grantor be separately examined. They should se acknowledged and immediately recorded. ACKNOWLEDGMENT.-The acknowledgment may be made before any justice of the peace, judges of municipal and police courts (who may perform all acts and duties in their respective counties which may be done and performed by justices of the peace) in this state; or any justice of the peace, magistrate, or notary pnblic, within the United States; or any commissioner appointed for that purpose by the governor of this state; or before any minister or consul of the United States or notary public in any foreign country. Form of Acknowledgment. State of Maine, Bath, nuary County of Lincoln, Bath, January 14, ] 851 Before me then personally appeared JorN DOE and SuSAN his wife, in the foregoing Instrument named, and acknowledged that they did sign and seal the same as their free act and deed JOHN JONES, Justice of the Peace. Rights of Married Women. ANY married woman may become seized or possessed of any property, real or per. sonal, by direct bequest, demise, gift, purchase, or distribution, in her own name and as of her own property; provided it shall be made to appear by such married woman, in any issue touching the validity of her title, that the same does not in any way come from the husband after coverture. Hereafter, when any woman possessed of property, real or personal, shall marry, such property shall continue to her, notwithstanding her coverture; and she shail have, hold, and possess the same, as her separate property, exempt from any liability for the debts or contracts of her husband. Any married woman possessing property by virtue of this act, may release to the husband the right of control of such property, and he may receive and dispose of the income thereof, so long as the same shall be appropriated for the mutual benefit of the parties. Any married woman who is seized and possessed of property, real or personal, as provided for above, mev commence, prosecute, or defend, any suit in law or equity, as if she were unmarried, or jointly with her husband, but the person of such married woman is free frosr. arrest. In case of the decease of such married woman intestate, her property, real and personal, shall descend to her heirs-but any married woman mav by will divire or bequeath any property belonging to her. Any married woman seized and possessed of property, real or personal, can lease, sell, or conve'y the same by her separate deed, in her own name, as if she were unmarried, and the lusl'n.d, or any person claiming under or through him, can not maintain any action for t:e possession or value of property held or disposed of by her as aforesaid. Rate of Interest. THE legal rate of interest is six per cent. If more be agreed to be taken, only legal Interest can be recovered. Usurious interest paid may be recovered back. Wills.!N this state a will must be in writing, signed by the testator, or by some person tn his presence and by his express direction, and shall be attested and subscribed in his presence by three credible witnesses. Form of Attestation answering for every State of the Union. Signed, sealed, published, and declared, by the said John Doe, as and for his last will and testament, in the presence of us, who, at the request of the said John Doe, and in his presence and in the presence of each other, have hereunto subscribed our names and respective places of residence as witnesses. JOHN SMITH, Boston, (seal) JOHN JONES, Boston, (seal) DUNN BROWN. Roxbulry. (seal) SPECIAL LAWS OF NEW IAMPi.flRE. 169 NEW HAMPSHIRE. Constitution adopted 1792.-Square Miles 9411 -Population in 1850, 317,199 Exemptions. THiFRE is exempt from sale on execution wearing ap-' P --- -'~parel nccessary for thie use of the debtor and his falmily, o infortable beds, tbestads, and bedding, nccessary for tlhe at-'-':: —-- debtor, sis wife and ciildren, household furniture to the val~-'-,-,' i ue of twenty dollars; the bibles and schoolbooks in use in the family, one cow, and one and a half tons of hay, " —S^ ~'~ ~~~~ A stools of his occupation to the value of twenty dollars; six sheep and the fleeces of the samne, one cooking stove and the necessary furniture belonging to the same, l' -~~ - provisions and fuel to the value of twenty dollars, the uniform, arms and equipments of every officer and private in the militia, his interest in one pew in any meetinghouse in which he or his family usually worship, and his interes ir one lot or right of burial in any cemetery. (See page 155.) Mechanics' Lien. IF any person shall perform any labor or furnish any materials toward building, repairing, fitting or furnishing any vessel, payment for which is due, he shall have a lien therefor on such vessel for the space of four days after the vessel is completed. Such lien may be secured by attachment of the vessel within said four days, and such attachment shall have precedence of all other attachments and claims, except the lien for mariners' wages. If any person under any written contract, shall furnish any labor or materials for erecting, repairing, or altering, any building, he shall have a lien therefor upon such house or building and upon the interest of the person for whom such labor and materials are furnished, in the lot of land on which it stands, for the space of thirty days after the payment of said labor or materials shall become due by said contract. Such lien shall not attach unless such contract is made in writing, expressing the terms thereof fully, and a true copy of the same left with the townclerk of the town in which such house or building is situate. Such lien may be secured within the thirty days aforesaid, by an attachment of such building and land, and such attachment shall have precedence of all attachments made where no such lien exists, after the filing of such contract with the town-clerk. It the land on which such building is situate, or to be erected, is under mortgage or attachment at the time of filing the copy of the contract as aforesaid, such prior mortgagee, or attaching creditor shall be preferred to the extent of the value of the land and building at that time. If two or more persons having such lien upon the same property, shall secure the same by attachment, they shall severally hold according to the priority of their several liens. If the owner of such land or building shall have failed to perform his part of any such contract, by reason whereof the other party shall without his default, have been prevented from completing such contract, the latter shall have a lien on such building and land for such sum as is his due for what he has done. Any lien aforesaid may be discharged at any time by the payment or tender or the amount due, together with the costs of any attachment made to secure the same. These provisions shall not be in force in any town, unless adopted by such town at some meeting called for that purpose. 15 I w cl US Ier 71 1 1 p MASS ce CHU TSJSW 15 L*. oea_ _ Ui ^^i~25 M E R R A 4 K....E n IR, - R -om-Easgtftrom Was~~ O] toScale ol goes 0 t >'t I 11 W A SI —a 1gI W3 0 flow wark w ea 51 ari r E5 E I l~~~~Daawm@v~ NEWHAMPSHIBE/^ I B.\ s^ ~ ~~~~~~ I ^ ^\^ _^ ^^^< ^^^5 ^^ \ V i/^^iP^~~~~~~~~~~~~r'l i ^^^ ~ ~~~ ~' ^^/ ^ ^^ ^I ^ ^ ^^ ^ ^^^^4 ~ ^JS2^^ ^^~~~~~~~~~~~~~~~~~~~n ^^zj~i- J ^^8ef ^~^;lBII^ ^^ M~~~~pr~~gSER JT r^^^C^ ^ \ " ~}ne ~ z~eea ^ T^^^ <^~ 172 SPECIAL LAWS OF NEW HAMPSHIRE. Homestead-Exemption Law. PROM and after the first day of January, A. D., 1852, the family homestead of the head.f each family shall be exempt from attachment and levy or sale on execution on any atdg. ment rendered on any cause of action accruing after tile taling eflect of this act: pilovidet such homeslead shall not exceed in value five hundred dollars. Such homestead silall not be assets in the llands of an administrator Ior the payment of debts, nor subtject to the laws of distribution or devise, so long as the widow or minor children, oi any or either of thein, shall occupy the same; and no release or waiver of such exemlption shall be valid unless made by deed executed by the huslband and wife, with all the folrmalities required by law for the conveyance of real estate; or if the wife be dead, and there lie minor children. by such deed executed by the husband, with the consent of the judge of probate for the county in which the land is, indorsed on said deed. Such exemption shall extend to any interest which the debtor may own in such homestead, and to any interest in any building occupied by him as a homnestead, standing on land not owned by him to an amount not exceedling five hundred dollars. The sheriff executing any writ of execution, founded on any judgment such as is rmesntiosed above, on application of the debtor or h'is wife, if such debtor shall lhave a tiliily, and if the lands and ten(ements about to be levied on, or any part thereof, shall be the thomestead or estate thereof, shall cause a lhomestead such as the debtor may select, not exceeding five hundred dollars in value, to be set off to the debtor in the manner following, to wit. he shall cause three appraisers to be appointed, one by the creditor, one Iby the debtor, and one by himself, who shall he discreet and disinterested mien, residents in the county, and shall be sworn by a justice of the peace inpartially to appraise arnd set off by metes and bounds a homestead of the estate of the debtor, such as lie may select, not exceeding five hundred dollars in value; and the set-off and assignment so made as aforesaid by the appraisers shall le returned by the sheriff, along with the writ, for record in cotrt; and it' no complaint shall be made by either party, no further proceedings shall be had agaillst the homestead: but the remainder of the debtor's land and tenements, if any niore he shall have, shall be liable to levy or sale on execution in tie same manner as heretofore provided:y law; provided that upon good cause shown, the court out of which the writ issued mIay order a re-appraisement and re-assignment of the homestead, either by tile same appraisers or others appointed by the court, and under such instructions as the court may give; and such appraisement shall be made and returned to said court as aforesaid. When the homestead of any head of a fiamily, being a debtor in execution, shall consist of a house, or a house and lot of land, which in the opinion of the appraisers can not be divided without injury and inconvenience, they shall make and sign an appraisal of the whole value thereof, and deliver the same to the officer having the execution, who shall deliver a copy thereof to the execution-debtor, or some member of his family of sufficient age to understand the nature thereof, with a notice thereof attached, that unless the execution-debtor shall pay to said officer the surplus over and above the five hundred dollars. within sixty days thereafter, said premises will be sold; and in case such surplus shall rnot be paid within the said sixty days it shatll be lawful for the officer to advertise and sell the same at auction, by posting up notices of the time and place of sale, with a description of the premises, in two or more of the most public places in tie town where the same is situate, and a like notice in the next adjoining town, thirty days prior to the sale; and out of the proceeds of such sale to pay the said execution-debtor, with tie written consent of his wife, the sum of five hundred dollars; provided, however, if the wife of such debtor shall not consent to such payment, the sheriff or officer having such proceeds shall deposite said sum of five hundred dollars in some savings institution in this state, to the credit of said debtor and wife; and the same may be witlidrawn therefrom only by the joint order of tihe husband and wife, or by the surviver in case one should decease; and tile same shall tbe exempt from attachment and levy of execution for the term of one year from the time it shall be paid or d.tosited as aforesaid. And the said sheriff or officer shall apply the balance of said proceeds on the execution, or so much thereof as shall be necessary to satisfy the same; provided that no such sale shall be made unless a greater suln than five hundred dollars shall be bid therefor, in which case tie officer shall return the execution for want of property, with a certificate thereon of his proceedings. The provisions of this act shall not extend to any judgment rendered on any contract made before the taking effect of this act, or judgment rendered on any note or mortgarge executed by the debtor and his wife, nor any clailn for lablor less than one hundred dollars, nor to impair thi lien by mortgage of the vender for the purchase-money of the homestead in question, noT of any mechanice or other person, under any statute of this state, for any debt contracted for or in aid of the erection of the buildings, nor from the payment of taxes due thereon. No conveyance or alienation by tile husband of any property exempt and set off as afore, said, shall be valid unless the wife join in the deed of conveyance; provided, however, that such husband may without the consent of his wife, mortg age such homestead, at the time of the purchase thereof, for the payment of the purchase-money. The provisions of this act shall not lie so construed as to affert any property frEudulenatl purchased by the debtor, when in insolvent circumstances. NEW HAMPSHIRE, approved Jltlv 4 1851. SPECIAL LAWS 01 NEW HAMPSHIRE. 173 Limitation of Actions. No action for the recovery of any real estate shall be maintained, unless such action is brought within twenty years after the right first accrued to the plaintiff, ar to any person under whom he claims, to commence an action for ite recovery thereof. If the person first entitled to maintain an action for the recovery of such real es tate was within the age of twenty-one years, a married woman, or insane, at the time such right accrued, such action may be commenced within five years after such disability is removed. Actions for words, and for assault, battery, wounding, or imprisoiLment, shall be brought within two years after the cause of action accrued, and not afterward. All other personal actions shall be brought within six years after the cause of action accrued, and not afterward. Actions of debt founded upon any judgment or recognizance, or upon any contract under seal, may be brought within twenty years after the cause of action accrued, and not afterward. Actions upon notes secured by mortgage, may be brought so long as the plain tiff is entitled to commence any action upon the mortgage. Writs of error may be commenced within three years after judgment, rendered, and not afterward. Any infant, married woman, or insane person, may commence either of the personal actions aforesaid, within two years after such disability is removed. If the defendant, at the time the cause of action accrued, or afterward, was absent from or residing out of the state, the time of such absence shall be excluded in the computation of the several times before limited for the commencement of personal actions. If judgment shall be rendered against the plaintiff in any action commenced within the times before limited, or upon any writ of error brought thereon, he may commence a new action thereon within one year thereafter, in case his right ofae ion is not barred by such judgment. Collection of Debts. ARREST.-No female shall be arrested or imprisoned upon any writ in any action founded on contract. No person shall be liable to arrest on mesne process in any real action or actions of ejectment. No person shall be arrested or imprisoned on any writ in any action founded en a contract unless the debt or damage for the recovery of which such action may be brought, exclusive of all the costs, dhall exceed the sum of thirteen dollars and thirty-three cents. No person shall be arrested upon any writ or execution founded on a contract made after the first day of March, eighteen hundred and forty-one, unless the plaintiff or some person in his behalf shall make an affidavit befi,re a justice, on the back of such writ, that in his belief the defendant is justly indebted to him in a certain sum exceeding thirteen dollars and thirty-three cents, and that he wonceals his property so that no attachment or levy can be made, or there is good reason to believe he is about to leave the state, to avoid the payment of his delts. If any person shall be committed to prison by the officer or his bail, or upon surrender by his bail, he shall, unless he shall be bailed before the judgment, be held in prison until the expiration of thirty days after the rendition of such judgment for the plaintiff as execution may issue upon, unless sooner legall. discharged. ATTACHMENT.-All property, real and personal, which is liable to I e taken in esecution, may be attached and held as security for the judgment the plaintiff may recover. 15* i74 SPECIAL LAWS OF NEW HAMPSHIRE. Chattel Mortgages. POSSESSION of the mortgaged property must be delivered to, and retained by the mortgagee, or the mortgage must be recorded in the office of the clerk of the town ii which the mortgager resides at the time of making the same. Each mortgager and mortgagee, shall make and subscribe an affidavit in sub stance as follows:We severally swear that the foregoing mortgage is made for the purpose of sece ring the debt specified in the condition thereof, and for no other purpose whatever and that said debt was not created for the purpose of enabling the mortgager to execute said mortgage, but is a just debt, honestly due and owing from the mort gager to the mortgagee. Every such affidavit with the certificate of the justice who administered the oath shall be made upon or appended to such mortgage, and recorded therewith. No mortgager of personal property, shall sell or pledge any such property. by him mortgaged, without the consent c! the mortgagee in writing, upon the back of the mortgage, and on the margin of the record thereof, in the office where such mortgage is recorded. No mortgager shall execute any second or subsequent mortgage of personal property, while the same is subjtct to a previously existing mortgage given by such mortgager, unless the fact of the existence of such previous mortgage is set forth in the subsequent mortgage. If any mortgager shall be guilty of any offence specified in the two preceding oaragraphs, he shall be punished by fine, equal to double the value of the property so wrongfully sold, pledged, or mortgaged, one half to the use of the party injured, and the other half to the use of the county. Law Regulating Contracts. No action shall be maintained upon any contract for the sale of lands, unless the agreement upon which such action shall be brought or some memorandum thereof is in writing, and signed by the parties to be charged therewith, or by some other person thereunto lawfully authorized by writing. No action shall be brought in the following cases:1. To charge any executor or administrator upon any special promise to answer damages,out of his own estate; 2. To charge any person upon any special promise to answer for the debt, de. fault, or miscarriage of another person,3. To charge any person upon an agreement made upon consideration of mar riage; 4. To charge any person upon any agreement that is not to be performed within one year from the time of making it; Unless such promise or agreement or some memorandum or note thereof is in writing and signed by the party to be charged therewith, or by some person there, unto by him lawfully authorized. No action shall be brought upon any contract for the sale of any goods, wares, or merchandise, for the price of thirty-three dollars, or upward, and no such con tract shall be valid unless the buyer shall accept part of the property so sold and actually receive the same, or give something in earnest to bind the bargain, or in part payment, or unless some note or memorandum in writing of the said bargain be made and signed by the parties to be charged by such contract or their agents thereunto lawfully authorized SPECIAL LAWCS OF ^^ p H I T T ",.,,'',D1e ~ c~.5 i A L.E Mao ^ _ I-i EAD;T 40 J0ZrdfonW L E ^1o7 re.,I notte ) 0 i0 ^^Y~~ wein 14'7" 1 ca1 ty ^Oer B I dolpt 178 SPECIAL LAWS OF VERMONT. VERMONT. (onstitution adopted 1793.-Square Miles, 10,212.-Population in 850, 313,451. Exemptions. - TTHERE is exempted from sale on execution such F_ suitable apparel, bedding, tools, arms, and articles of household furniture, as may be necessary for upholding life; 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 sufficient for keeping not exceeding ten sheep and one cow through one winter; ten cords of firewood; five bushels of grain; twenty bushels of potatoes; such military arms and accoutrements as the debtor is required by law to furcSE^_ ~ s~ Dnish; and all growing crops: also the bibles and other books used in the family; and five bushels of grain in addition, and three swarms of bees and hives, together with their produce in honey, and 200 pounds of sugar. Homestead-Exemption Law. TmE homestead of every housekeeper or head of a family, residing in this state, to the value of five hundred dollars, such homestead consisting of a dwelling-house, out-buildings, and lands appurtenant, occupied by such person as a homestead, and the yearly products thereof, shall be exempt from attachment and execution, in all cases where the contract shall be made or the cause of action shall accrue after the first day of December, one thousand eight hundred and fifty, except as hereinafter provided. Whenever the real estate of such housekeeper or head of a family shall be levied upon by virtue of any execution, such portion thereof as may be occupied by him as a homestead, and as he may then elect-to regard as such, to the value of five hundred dollars, in case such person is entitled to hold the same exempt from said execution, shall be set out to him by the appraisers on said execution, upon their oaths, and the remainder only shall be set off to the creditor therein, and such homestead shall be set out in the same manner as is now provided by law for the-setting off of lands on execution. If any such housekeeper or head of a family shall decease, leaving a widow, his homestead, of the value aforesaid, shall wholly pass to his widow, and children if any there be, in due course of descent, without being subject to the payment of the debts of the deceased, unless made specially chargeable thereon, or for taxes assessed thereon. Such homestead shall not be alienated or mortgaged by the owner thereof, if a married man, except by the joint deed of such husband and wife, executed and acknowledged in the manner provided for the conveyance of the lands of married women: Provided, however, that such husband may, without the consent of his wife, mortgage such homestead, at the time of the purchase thereof, for the payment of the purchase-money. Such homestead shall be subject to attachment and execution upon any contract that may be made, and for all matters and causes of action which may accrue, previous to or at the time of the purchase of such homestead, and shall be subject to sale for non-payment of taxes assessed thereon; and the time when the deed to the owner of such homestead shall be left in the town-clerk's office for record, shall be deemed the time of the purchase thereof for the purpose mentioned in this act. SPECIAL LAWS OF VERMONT. 179 The probate court may authorize the guardian of- any insane married woman, under the regulations now provided by law for the sale, by guardians, of the real estate of their wards, to sell and convey the inteiest of his ward in the homestead of her husband, when ever such sale shall be deemed conducive to the interest of such insane married woman Mechanics' Lien. ANY person who shall perform any labor or furnish materials in this state for or toward the building, repairing, fitting, or furnishing, any ship, vessel, or steamboat, shall have a lien on the same for his wages and materials so furnished until four months after the ship, vessel, or steamboat, shall be completed, and may secure the same by attachment on such ship, vessel, or steamboat, which shall have precedence of all other attachments and claims. Before such lien shall attach or be in force, such person shall have a just and legal claim for his services performed or materials furnished, and shall demand payment of the same of the owner, agent, contractor, or person, in whose care such ship, vessel, or steamboat, may be; and in case such person, having a lien as aforesaid, shall demand more than is due to him, such owner, agent, coutractor, or person, in whose care such ship, vessel, or steamboat, may be, may tender or pay to such person the just and full amount due him for his labor or materials furnished as aforesaid, and fully and absolutely discharge such lien. When any contract or agreemiAt shall hereafter be made in writing for erecting, re. pairing, or altering, any house or other building in this state, or for furnishing labor or materials for the purposes aforesaid, the person proceeding in pursuance of such contract or agreement shall have a lien to securethe payment of the same, upon such house or building and the lot of land on which the same stands, and the lien hereby created shall continue in force for the space of three months from the time when payment shall become due for the work, labor, or materials, furnished as aforesaid. No person shall have a lien upon any house or other building, until he lodge in the town-clerk's office of the town where such house or other building is situated, a copy of the contract under which he is erecting, repairing, or altering the samne, and cause to be there recorded a declaration, signed by him, of his intention to claim such lien. Within three months after payment shall become due to him under such contract, such person may commence his action for the same, and cause said house, or other building to be attached thereon in due course of law, and if he shall obtain judgment in the suit so instituted, the record of such judgment shall embrace a brief statement of the contract upon which the same was founded; and the plaintiff miy, within five months after the date of such judgment, cause a certified copy of the record of such judgment to be recorded in the town clerk's office of the town where such house or other building is situated; and such house other building shall be thereupon holden for the amount due upon such judgment, together with the cost of the copy of the record of the judgment and recording, in the same manner as if it had been mortgaged for the payment of the same, from the time the copy of the contract and declaration were lodged in the town-clerk's office as herein provided; and the plaintiff shall have the same remtndy to obtain possession and to foreclose the defendant's equity of redemption, and perfect his own title. as in case of a mortgage. Law regulating Contracts. No action in law, or equity, shall be brought in any of the following cases:1. To charge an executor or administrator upon any special promise, to answer damages out of his own estate; or, 2. To charge any person, upon any special promise, to answer for the debt, default, or misdoings of another; or, 3d. To charge any person, upon any agreement made upon consideration of marriage; or, 4th. Upon any contract for the sale of lands, tenements, or hereditaments, or of any interest in or concerning them; or, 5. Upon any agreement that is not to be performed within one year from the making thereof; unless the promise, contract, or agreement, upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or by some person thereunto by him lawfully authorized; and if the contract or agreement relate to the sale of real estate or any interest therein, such authority shall be conferred in writing. No contract tbr the bale of any gooes, wares, or merchandise, for the price of forty dollars or more, shall be good or valid, unless the purchaser shall accept and receive part of the goods so sold, or shall give something in earnest to bind the bargain, or in part payment, or unless some note or memorandum of the bargain be made in writing, and 180 SPECIAL,LA\S OF VERMONT. signed by the party to be charged thereby, or by some person thereunto by him lawfully authorized. No action shall be brought to charge any person, upon or by reason of any representation or assurance made concerning the character, conduct, credit, ability, trade, or dealings, of any other person, unless such representation or assurance be made in writing, and signed by the party to be charged thereby, or by some person thereunto by him lawfully authorized. No mortgage of any machinery used in any factory, shop, or mill, hereafter made, shall be valid againist any other person than the parties thereto, unless possession of the mortgaged machinery be delivered to and retained by the mortgagee. Assignments. ALL general assignments made by debtors for the benefit of creditors shall be null and void as against the creditors of said debtors. All assignments hereafter made of property, including choses in action, by debtors for the benefit of creditors, shall be in writing and signed by the debtor; and in ease real estate is assigned, it shall be by deed, executed and recorded conformably to the laws relating to the conveyance of real estate. The assignor and assignee shall file in the county clerk's office in the county where the assignment is made and the property is situated, a true coUy of the assignment and of the inventory of property assigned and of the list of credihtra to be benefited by the assignment, within ten days from the time of the execution of the assignment. All assignments made after January 1, 1856, shall Hi for the benefit of all the creditors of the assignor, in proportion to their respective claims, anything in such assignment to the contrary notwithstanding. Limitation of Actions. No action for the recovery of any lands, or for the recovery of the possession thereof, shall be maintained, unless such action is commenced within fifteen years next after the cause of action first accrued to the plaintiff, or those under whom he claims. No person having right or title of entry into houses or lands shall thereinto enter but within fifteen years next after such right of entry shall accrue. The following actions shall be commenced within six years next after the cause of action accrued, and not after: 1. All actions of debt founded upon any contract, obligation, or liability, not under seal, excepting such are brought upon the judgment or decree of some court of record of the United States, or of this or some other state. 2. All actions upon judgments rendered in any court, not being a court of record. 3. All actions of debt for arrearages of rent. 4. All actions of account, assumpsit, or on the case, founded on any contract or liability, expressed or implied. 5. All actions of trespass upon land. 6. All actions of replevin, and all other actions for taking, detaining, or injuring goods or chattels. 7. All other actions on the case, except actions for slanderous words and for libels. All actions for assault and battery and for false imprisonment shall be commenced within three years next after the cause of action shall accrue, and not afterward. All actions for slanderous words and for libels shall be commenced within two years next after the cause of action shall accrue, and not afterward. All actions against sheriffs for the misconduct or negligence of their deputies, shall be commenced within four years next after the cause of action shall accrue, and not afterward. None of the foregoing provisions shall apply to any action brought upon a promissory note which is signed in the presence of an attesting witness, but the action in such case shall be commenced within fourteen years next after the cause of action shall accrue thereon, and not afterward. All actions of debt or scirefacias on judgment shall be brought within eight years next after the rendition of such judgment; and all actions bf debt on SPECIALTIEs within eight years after the cause of action accrued. All actions of covenants other than the covenants of warranty and seizin, contained in deeds'of conveyance of lands, shall be brought within eight years after the cause of action accrued, and not afterward. All actions of covenant brought on any covenant of warranty contained in any deed of conveyance of land shall be brought within eight years next alter there shall have been a final decision against the title of the covenanter in such deed; and all actions of covenant brought on any covenant of seizin contained in any such deed, shall be brought within fifteen years next after the cause of action shall accrue, and not afterward. When any person shall be disabled to prosecute an action in the courts of this state by SPECIAL LAWS OF VERMONT. 181 reason of his being an alien subject, or citizen of any country at war with the United States, the time of the continuance of such war shall not be deemed any part of the re spective periods herein limited for the commencement of any of the actions before men tioned. If, at the time when any cause of action of a personal nature, mentioned in this act, shall accrue against any person, he shall be out of the state, the action may be com. menced within the time herein limited therefor, after such person shall come into the state; and if, after any cause of action shall have accrued, and before the statute has run, the person against whom it has accrued shall be absent from and reside out of the state, and shall not have known property within this state which could be attached, the time oi his absence shall not be taken as any part of the time limited for the commencement of the action. The provisions of this section shall not be construed to extend to any cause of action which accrued in any other state, or government, where the part's thereto, at the time such cause of action accrued, were residents of any other state or government. All actions against any town, or town-clerk, to recover damages for any neglect or default of duty of any town-clerk, in relation to or concerning any deed, execution, or other instrument, delivered to him, or left in his office for record, may and shall be brought within six years next after there shall have been a final decision at law or in equity against the title, right, or claim, of the party under such deed, execution, or instrument and not after. It in any action duly commenced within the time limited and allowed therefor, the writ fail of a sufficient service or return, by any unavoidable accident, or by any default or neglect of the officer to whom it is committed, or if the writ shall be abated, or the action otherwise defeated or avoided by the death of any party thereto, or for any matter of form; or if, after verdict for the plaintiff; the judgment shall be arrested; or if a judg. ment for the plaintiff shall be reversed on a writ of error or on execution, the plaintiff may commence a new action for the same cause at any time within one year alter the abatement or other determination of the original suit, or after the reversal of the judg. ment thereon; and if the cause of action survive, his executor or administrator may, in case of his death, commence such new action within the said one year, or within one year after letters shall have been granted. Whenever the commencement of any suit shall be stayed by an injunction of any court of equity, the time during which such injunction shall be in force shall not be deemed any portion of the time limited for the commencement of such suit. If any person, entitled to bring any action in this act specified, shall, at the time when the cause of action accrues, be a minor, or a married woman, insane, or imprisoned, such person may bring the said action within the times respectively limited after the disability shall be removed. None of the provisions of this act shall apply to suits brought to enforce payment on bills, notes, or other evidences of debts, issued by moneyed corporations. All the provisions of this act shall apply to the case of a debt or contract alleged by way of set-off, and the time of limitation of such debt shall be computed in like manner as if an action had'been commenced therefor at the time when the plaintiff's action was commenced. If one of two or more joint contractors make such written promise or acknowledgment, it shall not affect the other joint contractors. Collection of Debts. ABREST.-No female shall be arrested or imprisoned by virtue of any mesne process which shail issue in an action founded Oh contract, nor by virtue of any execution which shall issue on a judgment recovered in any such action. No person, who is a resident citizen of this state, or of any other of the United States, shall be arrested or imprisoned by virtue of any mesne process, which shall issue in aR action founded on any contract, express or implied, made or entered into alter the first day of January, A. D. 1839, nor by virtue of an execution, issued on a judgment recov. ered in an action founded on any such contract: provided, that if the plaintiff, his agent. or attorney, praying out a writ on any such contract, shall file with the authority issuing such writ, an affidavit stating that he has good reason to believe, and does 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 twenty dollars, or sufficient to satisfy the demand upon which li is to be arrested, such writ may issue as an attachment against, and be served upon, the body of the defendant. ATTACHMENT.-The ordinary mode of process in civil causes shall be by writ of summons or attachment 16 182 SPECIAL LAWS OF VERMONT. Writs of attachment may issue against the goods, chattels, or estate of the defendant, and tior want thereof, against his body. All actions founded on any contract, express or implied, may be commenced by trustee process. No person shall be summoned as a trustee unless at the time of the service of the writ he resides in this state. D.ebts due and owing in this state from any person or persons, part or all of whom reside out of this state, having an authorized agent resident within this state, may be attached by trustee process. If the amount of debt or debt or damages recovered by the plaintiff in any trustee pro. cess, shall not exceed ten dollars, or if the goods, effects, and credits, in the hands of the trustee, shall not exceed in value the sum of ten dollars, the trustee shall be discharged. Deeds ALL deeds and other conveyances of lands or of any estate or interest therein shall be tagned and sealed by the party granting the same, and signed by two or more witnesses, and acknowleedg by the grantor, before a justice of the peace, and recorded at length in the clerk's office of the town in which such lands lie. Town-clerks, notaries public, and masters in chancery, have the same power to take acknowledgments as justices of the peace, by act of 1850. If such lands lie in a town in which there is no town-clerk, the conveyance shall be recorded by the clerk of the county in which such lands lie. All acts and parts of acts, heretofore passed and now in force, requiring married women to acknowledge any deeds, executed by them, separate and apart from their husbands, and that they executed the same without any fear or compulsion of their husbands, are hereby repealed. All deeds and conveyances, after Novembar 15, 1851, by married women in conjunction with their husbands, if executed and acknowledged in the manner required of other persons, shall be deemed valid and effectual in law. All deeds and other conveyances, and powers of attorney for the conveyance of lands, the acknowledgment or proof which shall have been or hereafter shall be taken without this state, if certified agreeably to the laws of the state, province, or kingdom, in which it was taken, shall be as valid as though the same were taken before some proper officer or court within this state; and the proof of the same may be taken and the same acknowledged with like effect before any justice of the peace, magistrate, or notary public, within"the United States or in any foreign country, or before any commissioner ap pointed for that purpose by the governor of this state, or before any minister, chargd d'affaires, or consul, of the United States, in any foreign country; and the acknowledgment of a deed by a femme covert (married woman), in the form required by this act, may be taken by either of said persons. No deed or other conveyance of any lands or of any estate or interest therein made, by virtue of a power of attorney, shall be of any effect or admissible in evidence, unless such power of attorney shall have been signed, sealed, and acknowledged, and recorded in the office where such deed shall have been recorded. A seal must be used. Form of Acknowledgment. State of Vermont, Windsor County, 9'. Windsor, January 4, 1856. Then personally appeared JOHN DOE and SUSAN DOE, wife of said JOHN DOE, and severally acknowledged the foregoing instrument, by them signed and sealed, to be their free act and deed. Before' me, JOHN JONES, Justice of the Peace Rights of Married Women. IT shall be lawful for any married woman, by herself and in her name, or in the name of any third person, with his assent as her trustee, to cause to be insured for her sole use, the life of her husband ftr any definite period, or for the term of his natural life, and in case of her surviving her husband, the sum or net amount of the insurance becoming due and payable by the terms of the insurance, shall be payable to her and for her own use, free from the claims of the representatives of her husband or of any of his creditors; but such exemptions shall not apply when the amount of premium annually paid shall exceed three hundred dollars. In case of the death of the wife before the decease of her husband, the amount of the insurance may be made payable, after death, to her children, for their use, and to their guardian if under age. SPECIAL LAWS OF VERIMONT. 183 It shall be lawful for any unmarried woma:ln ly hr.-elf and in her own name, or In the name of ally third person as her trustee, to cause to be insured for her sole use, the life of her father or brother for any definite period, or during his natural life; and in case of her surviving such person, she shall be entitled to receive the amount of the net in. surance in the same manner as in the ease of married women. DowER.-The widow of any deceased person shall be entitled to dower, or the use, during her natural life, of one third of the real estate of which her husband died seized in his own right, unless she shall be barred. The widow may be barred of her dower in all the lands of her husband in the follow. irg ways:1. When a jointure shall have been settled on such widow by her husband or other person, or some pecuniary provision shall have been made for her, before her marriage, with or without her agreement or consent; or after her marriage, with her consent, to have effect after the death of her husband, and expressed to be in lieu and discharge of her dower. 2. When her husband, by his last will and testament, shall have made provision for such widow, which, it shall appear to the probate court, was intended to be in lieu of dower. 3. When the husband shall die, leaving no children or representative of children, and the widow shall thereby be entitled to one half of the estate of her husband. Yet she may elect to waive all these provisions, and to take her dower instead, and notify the court, within eight months after the will is proved, or letters of administration are granted, of her election, in writing. Rate of Interest. THE legal rate of interest is fixed at six per cent.; and interest paid beyond that rate may be recovered back, with costs. Wills. WILLS must be in writing, and signed by the testator, or by some other person in his presence and by his express direction and attested and subscribed by three or more credible witnesses in the presence of the testator AND OF EACH OTHER. Married women may devise, by last will and testament, their lands, tenements, and hereditaments, or any interest therein descendable to their heira. . iii11 ~.~. 3wl _ii.i: l:,om.West t k ijV E RM O T N E W RM P S 0 Ct}-Ma l~G- r el...Ora.n:s'I' - C wrmS~fF a,>tc 05oxbor _____y I' -2 an zTt ulihfi j ~~,_T ~o 0II -kk~ ddarr — C/S,a~uI~k 4a~& P- -W a;gver Z elf Beror K oi<~! al -- S~~~~~~~~~~~~~~ — st-Iro Wasbington 6 1.85 4'4grucE_-g 186 SPECIAL LAWS OF MASSACHUSETTS. MASSACHUSETTS. Constitution adopted, 1780.-Square Miles, 7,500.-Population in 1850, 993,715 Exemptions. THERE is exempt from sale on execution in this state the necessary wearing apparel of the debtor and of his wife and children; one bedstead, bed, and the necessary bedding, for every two persons of the family; one iron stove, used for warming the dwelling-house, and fuel not exceeding the value of ten. dollars, procured and designed for the use of the family; other household furniture, necessary f6r the debtor and his family, not exceeding fifty dollars in value; the bibles and schoolbooks used in the family; one cow, six sheep, one swine, and two tons of hay, the six sheep not to exceed thirty dollars in value; the tools and implements, materinls, stock, and fixtures, of any debtor, necessary for carrying on his trade or business; also the books in the library of a family, student, or professional ihan, to an amount not exceeding five hundred dollars in value, the uniform of an officer or private in the militia, and the arms and accoutrements required by law to be kept by him; a pew in one house of public worship, belonging to any debtor and occupied by him or his family, but such pew may be sold for non-payment of any tax legally laid on the same; also the rights of burial, and tombs while in use as repositories for the dead. Homestead Exemption. IN addition to the property now exempt by law from sale or levy on execution, there shall be-exempted to the value of eight hundred dollars, the homestead farm, or the lot and buildings thereon, occupied as a residence and owned by the debtor, or any such buildings owned by the debtor and so occupied, on land not his own, but of which he shall be in rightful possession, by lease or otherwise, he being a householder and having a family; and no release or waiver of such exemption shall be valid in law, unless by deed, for good consideration, acknowledged and recorded as in cases of conveyances of real estate: provided, however, that no person shall hold exempted as above, such property toa larger amount than eight hundred dollars, including the rights of exemption, which may have been acquired under the act of 1851 [which exempted $500]. Such exemption shall continue after- the death of such householder, for the benefit ot the widow and children of the deceased party, some one of them continuing to occupy such homestead until the youngest child be twenty-one years of age, and until the death of the widow. No property by virtue of this act shall be exempted from levy for the taxes thereon, or for a debt contracted previous to the purchase thereof, or for any debt contracted previous to the passage of this act; nor shall buildings on land not owned by the debtor be exempt from levy for the ground-rent of the lot of land whereon such buildings are situated. Such exemption shall not be deemed to defeat or otherwise affect, any mortgage or other incumbrance or lien existing by virtue of any deed, attachment, policy of insurance, or otherwise. No conveyanj by the husband, of any property exempted as aforesaid, shall be valid in law unless tffwife join in the deed of conveyance. If any judgrment creditor shall require an execution to be levied on property claimed by the debtor to be exempt from levy under this act, and the officer holding such execution shall be of opinion that the premises are of greater value than eight hundred dollnrs, then appraisers shall be appointed in the same manner as provided by law for the levy of execution on real estate; and the said appraisers shall set off to such debtor such portion of said premises as he may select, including the dwelling-house, as shall appear to them to be of the value of eight hundred dollars, and the residue of the property shall be appraised, and the appraisers shall deliver to the officer the appraisal of the value of said residue, and said officer shall deliver a copy thereof to the debtor or other lawful occupant of said homestead, and it shall be the right of such debtor or other lawful oo. SPECIAL LAWS OF MIiASSACHUSETTS. 187 cupant of said premises, to pay on such execution the value of such residue, and continue to hold such homestead as provided in this act; but in case the debtor shall not make such payment within sixty days from the time of receiving such notice, then the creditor may require such residue to be sold by the officer at public auction, after duly advertising the same, and apply the proceeds to such execution. Approved, April 27,1855. Mechanics' Lien CONTRACTOR'S LIEN.-Every person who shall, by contract with the owner,f any piece of land,furnish labor or materials for erecting or repairing any huilding or the tippurtenance of anybuilding on such land, shall have a lien upon the whole piece of landt for the amount due to him for such labor and materials, zf the contract is made in writing, and signed by the owner of the land, or by some person duly authorized by him, and recorded in the registry of deeds for the county where the land lies. The lien shall be dissolved at the expiration of six months after the time when the money due by the contract, or the last instalment thereof, shall become payable, unless a suit for enforcing the lien shall have been commenced within the said six months. LIEN OF MECHANICS AND OTHERS FOR LABOR PERFORMED AND MATERIALS FURNISHED.-Any person who shall actually perform labor in erecting, altering, or repairing, any building or structure upon real estate, or shall furnish materials actually used for the same, by virtue of any agreement with, or consent of, the owner thereof, or other person having authority or acting for such owner to procure labor or furnish materials in his behalf, shall have a lien upon such building or structure, and upon the interest of the owner of the building or structure in the lot of land upon which the same is situated, to secure the payment of the amount due him for such labor or materials; provided, however, that no lien for materials furnished, shall attach unless the person furnishing the sameashall, before so doing, give notice to the owner of the land, if such owner be not the purchaser of the materials, that he intends to claim such lien. Such lien shall be dissolved unless the person who may desire to avail himself thereof shall, within thirty days after he shall cease to labor on, or furnish materials for, such building 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 description of the property intended to be covered by the lien sufficiently accurate for identification, with the name of the owner or owners of the property, if known; which certificate shall be subscribed and sworn to by the party claiming the lien, or by some one in his behalf, and shall be recorded in a book kept for that purpose by said clelrk; and no inaccuracy in the description of the property, if the same can be reasonably recognised, or in the statement of the amount duo, shall invalidate the proceedings, unless it shall appear that the person filing the certificate has wilfully and knowingly claimed more than is his due. The owner of any building or structure on real estate, in process of erection or of being altered or repaired, may prevent the attaching of any lien fol labor thereon not at the time performed, or materials not then furnished, by giving notice in writing to the person performing such labor, or furnishing such materials, that he will not be responsible therefor. The liens aforesaid may be enforced by petition to the courts prescribed by statute, which have power to order a sale of the building or structure, and the interest of the owner thereof in the lot of lmnd on which the same is situated. These liens are not entirled to priority over existing liens created by mortgage, attachment on mesne proceas, or seizure on execution. When a sale takes place under the statute, the proceeds must first be applied to the discharge of such pre-existing liens in the order of their priority. Bitt when several creditors, entitled to the benefit of the statute lien, have all equal rights among themselves, and the fund is insufficient to pay all the debts, they share equally in proportion to the amount of their respective claims. LIEN ON SHIPS AND VESSELS.-Whenever, by virtue of any contract, expressed or implied, with the owners of any 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 ship or vessel, or to assist them, money shall he due to any person for labor performed, materials used, or labor and materials furnished in the construction, launching, or repairs of, or for constructing the launching ways tfr, or for provisions, stores, or other articles, furnished for or on account of any ship or vessel inl this commonwealth, such person shall have a lien on such ship or vessel, her tackle, apparel, and furniture, to secure the payment of such debt; which lien shall be prelrferl- l to all others thereon except mariners' wages, and shall continue until the debt i, satisfied 188 SPECIAL LAWS OF MASSACHUSETTS. Such lien shall be dissolved unless the person claiming the same shall file, within four days from the time such ship or vessel shall depart romn the port at which she was when the debt was contracted, in the office of the clerk of the city or town within) which such ship or vessel was at the time the debt was contracted, a statement, subscribed and sworn to by himself, or some person ini his behalf, giving a just and true account of the demand claimed to be due him, with all just credits, and also the name of the person with whom the contract was made, the name of the owner of the ship or vessel, if known, and the name of the ship and vessel, or such description thereof, as shall be sufficient for identification; which statement shall be recorded by said clerk in a book kept by him for that purpose. Such lien may be enforced by petition to the court of common pleas, or by process of attachment, in a civil action at common law. Any number of persons having such liens, may all join in the same petition or libel to enforce their respective liens, and with the same effect as if the claimants had severally petitioned or libelled for their individual liens; and each petitioner or libellant so joined may be a witness for or against his joint petitioner or libellant, but not in his own case. When there shall be money due to others besides the petitioner, provision is made for citing in all parties interested, and the court will pass such order or decree as shall be necessary to prevent the enforcement of double liens, and to secure the rights of all parties. The proceeds arising from the sale of such ship or vessel, after deducting all proper costs and expenses, shall be distributed among the several claimants to the amount of their respective claims; provided, that whenl such proceeds are insufficient to satisfy the liens of ill, those having liens for labor shall receive a percentage on their respective claims one third greater than those having liens for materials, stores, or other articles. Such liens are not exclusively within the jurisdiction of the courts of the state, but tho same may be enforced in the courts of the United States. Chattel Mortgages. No mortgage of personal property hereafter made shall be valid against any other per son than the parties thereto, unless possession of the mortgaged property be delivered to and retained by the mortgagee, or unless the mortage be recorded by the clerk of the town where the mortgager resides, and by the clerk of the town in which he principally transacts his business, or follows his trade or calling; but it is not necessary that a mortgage of a ship or vessel should be recorded. In order to foreclose for a breach of condition, notice in writing must be given to the mortgager or the person in possession of the properlty, claiming the same, of an intention so to do; and the right of the mortgager or his assigns to redeem, is not forfeited until sixty days after such notice has been given and a copy of the same has been recorded in the clerk's office where the mortgage is recorded. If any mortgager of personal property shall sell or convey the same or any part thereof, without the written consent of the mortgagee, and without informing the person to whom he may sell or convey that the same is mortgaged, said mortgager shall be held guilty of a misdemeanor, and shall be punishable by a fine not exceeding one hundred doll ars, or by imprisonment in the common jail or house of correction for a term not exceeding one year. Law regulating Contracts. No action shall be brought in any of the following cases:L To charge an executor, administrator, or assignee in insolvency, upon any special promise, to answer damages out of his own estate; 2. To charge any person, upon tiny special promise, to answer for the debt, default, or misdoing of another; 3. To charge any person upon an agreement made in consideration of rmarria(e; 4. Upon any contract for the sale of lands, tenements, or hereditanients, or of any interest in or concerning them; 5. Upon any agreement that is not to be performed within one year from the making thereof; unless the promise, contract, or agreement, upon which such action shall be brought, or some memorandum or note thereof, shall b)e in writing, and signed by the party to be charged therewith, or by some person thereunto by hin lawfully au thorized. The consideration for such promise need not be expressed in the writing. No action shall be brought to charge any person, upon or by reason of any represent. ation or assurance made concernilng the character, conduct, credit, ability, trade. or dealinas of any other person, unless the same lbe made in writing, and signed by the party to be charged thereby, or by some person thereunto by him lawfully authorized. No contract for the sale of any goods, wares, or merchandise, for the price of fifty dol SPECIAL LAWS OF MASSACHUSETTS. 189 lars or more, shall be good or valid, unless the purchaser shall accept and receive part of the goods so sold, or give something in earnest to bind the bargain, or in part pay. ment. or unless some note or memorandum in writing of the bargain be made and signed by the party to be charged thereby, or by some person thereunto by him lawfully authorized. All contracts. written or oral, for the sale or transfer of any certificate or other evidence of debt due, by or from the United States, or any separate state, or of any stocks, or of any share or interest in the stock of any bank, or of any company, city, or village, incorporated under any law of the United States, or of any individual state, shall be absolutely void, unless the party or parties contracting to sell or transfer the same shall, at the timo of making such contract, be the owner or assignee thereof, or shall be duly authorized, by some person who is the owner or assignee, or by the legally-authorized agent of such owner or assignee, to sell or transfer the said certificate or other evidence of debt, share, or interest, so contracted for. Limitation of Actions. THE following actions shall be commenced within six years next after the cause of action shall accrue, and nut afterward: — 1. All actions of debt, founded upon any contract or liability not under seal, except such as are brought upon the judgment or decree of some court of record of the United States, or of this or some other of the United States; 2. All actions upon judgments rendered in any court, not being a court of record; 3. All actions for arrears of rent; 4. All actions of assumpsit, or upon the case, founded on any contract or liability, express or implied; 5. All actions for waste, and for trespass on land; 6. All actions of replevin, and all other actions for taking, detaining, or injuring, goods, or chattels; 7. All other actions on the case, except actions for slanderous words and for libels. All actions for assault and battery, false imprisonment, slanderous words and libels, shall be commenced within two years next after the cause of action shall accrue. All actions against sheriffs, for the negligence or misconduct of their deputies, shall be commenced within four years next after the cause of action shall accrue. None of the foregoing provisions shall apply to any action brought on a promissory note which is signed in the presence of an attesting witness, provided the action be brought by tfe original payee or his executor or administrator, nor to an action brought upon any bills, notes, or other evidences of debt, issued by any bank. In all actions of debt and assumpsit, brought to recover the balance due upon a mutual and open account, the cause of action shall be deemed to have accrued at the time of the last item proved in such account. If any person, entitled to bring any of the actions beforementioned in this act, shall be, at the time when the cause of action accrues, a minor, a married woman, insane, imprisoned, or absent from the United States, such person may bring them within the times respectively limited, after the disability shall be removed. All personal actions on any contract not limited by the foregoing sections, or by any other law of the state, shall be brought within twenty years after the cause of action accrues. In the case of an alien, the time during which his country is at war with the United States will not be computed. In case the defendant is out of the state, the time of such absence is not to be computed. No acknowledgment or promise shall be evidence ot a new or continuing contract, whereby to take any case out of the operations of the provisions of this act, unless made or continued in some writing signed by the party to be chargeable thereby. If one of several debtors make such promise, it shall not deprive his co-contracter of the benefit of the provisions of this act. But the provisions contained in the two preceding paragraphs shall not alter, take away, or lessen, the effect of a payment of principal or interest made by any person. If any person entitled to bring any of the actions before mentioned, or liable to any such action, shall die before an action would be barred, or within thirty days after, and if the cause of action by law survives, the action may be commenced by or against the executor or administrator of the deceased, at any time within two years afterlthe grant of letters testamentary, or of administration. If any action commenced in due time shall fail for want of sufficient service, without fault of the plaintiff, or if the wr't is abated or defeated by the deatil of any party, or for any matter of form, or if after a verdict for the plaintiff, the judgment shall be arrested, or if a judgment for the plaintiff shall be reversed on a writ of error, the plaintiff may commence a new action for the same cause, at any time within one year after, and if the 190 SPECIAL LAWS OF MASSACHUSETTS. cause of action survives, his executor or administrator may commence an action within the same one year. If any person who is liable to any of the actions aforesaid shall fraudulently conceal the cause of action from the party entitled thereto, the action may be commenced at any time within six years after the person entitled to bring the same shall discover that he has such cause of action. The limitations hereinbefore prescribed for the commencement of actions, apply to actions when brought in the name of the commonwealth, or otherwise for the benefit of the commonwealth. All suits for any penalty or forfeiture, on any penal statute brought by any person, to whom the penalty or forfeiture is given in whole or in part, shall be commenced within one year after the offence committed; but a suit for a penalty or forfeiture brought by or in behalf of the commonwealth, may be brought at any time within two years after the offence committed, and not afterward. No one shall commence an action for the recovery of lands, or make entry thereupon, unless within twenty years after the right to make such entry or bring such action first accrued, or within twenty years after he or those from, by, or under whom he claims, shall have been seized or possessed of the premises. If any person entitled to such entry or action, shall be, at the time when such right of entry or of action first accrues, a minor, a married woman, insane, imprisoned, or absent from the United States, such person or any one claiming from, by, or under him may make the entry or bring the action at any time within ten years after such disabil. ity shall be removed. If any minister or other sole corporation shall be disseized, any of his successors may enter upon the premises, or may bring an action for the recovery thereof, at any time within five years after the death, resignation, or removal, of the person so disseized, notwithstanding the twenty years after such disseizin shall have expired. No executor, administrator, or administrator do bonis non, who has given legal notice of his appointment to that trust, shal be held to answer to the suit of any creditor of the deceased, unless commenced within two years from the time of his giving bond, provi. ded, however, if new assets are found, such action may be commenced within one year after the creditor shall have notice of the receipt of such new assets, but not more than two years after the same shall be actually received. Actions against the sureties in any bond, given by the guardian of minors, insane persons, idiots, spendthrifts, must be commenced within four years from the time when tho guardian shall be discharged. Collection of Debts. ARRaST.- Imprisonment for debt is for ever abolished; but wilful and intentional leg. )eet to apply property, not exempt from attachment on execution, to the payment of a debt, is considered as a fraud, and is punishable as provided in act of May 21, 1855. If the plaintiff in any suit, or any person in his behalf, after execution is issued Iamounting to twenty dollars, exclusive of costs, and while twenty dollars, exclusive of costs, remains uncollected thereon, shall make oath, and prove to the satisfaction of any justice of any court of record, or of any police justice, judge of probate, commissioner of insolvency, or master in chancery-1. That he believes, and has reason to believe, that the defendant has property, not exempt from being taken'on execution, which he does not intend to apply to the payment of the plaintiff's claim; or, 2. That since the debt was contracted, or the cause of action accrued, the debtor has fraudulently conveyed or concealed, or otherwise disposed of his estate, or some* part thereof, with a design to secure the same to his own use, or to defraud his creditors; or, 3. That since the debt was contracted, or the cause of action accrued, he has hazarded and paid money or other property. to the value of one hundred dollars or more, in some kind of gamillg prohibited by the laws of the commonwealth; or, 4. That he has wilfully expended his goods and estate, or some part thereof, for the purpose of enabling himself to swear that he has not any estate to the amount of twenty dollars, except such as is exempted from being taken on execution; or, 5. If the action was founded on contract. that the debtor contracted the debt with an intention not to pay the same, the plaintiff's affidavit shall be indorsed upon the execution, with the certificate of the magistrate that he is satisfied that there is reasonable cause to believe that the charges, or either of them, specifying which, are true, then and not otherwise, the execution may be served, by the arrest of the body. If the execution be issued by a justice of the peace, the affidavit may be made before him, and the certificate granted by him, and the form of execution shall be the same as now. The debtor, as soon as he is arrested, shall be informed by the officer of all his righta SPECIAL LAWS OF MASSACHUSETTS. 191 under this act, and he shall have reasonable time to procure sureties bebll'e being car. ried before the magistrate. No person shall be arrested on mesne process in any action of contract, uule-s the plaintiff, or some one in his behalf, shall make oath, to the satisfaction of some justice cf a court of record, police justice, judge of probate, coinmissioner of insolvency, or master in chancery, that he has good cause of action, and a reasonable expectation of recovering a sum amounting to twenty dollars; that he believes, and has good causei to believe, the defendant intends to leave the state, so that execution, if obtained, carn not be served upon him; and that he believes the defendant has property not exempt from being taken in execution. No arrest shall be made after sunset, unless specially authorized by the magistrate making the certificate. And no woman shall be arrested in any civil process except for tort. ATTACHMENT.-All real estates that are liable to be taken in execution may be at tached upon the original writ in any action in which any debt or damlages are recovers. Wle and hl1d as etrcurity to satisfy such judgment as the plaintiff may recover. All goods and chattels that are liable to be taken in execution, may be attached and held as security as aforesaid, except Fuch as from their nature or situation have been tonsidcred as exempted from attachmnent according to the principles of the common law as adopted and practised in this state. Attachments are dissoluble by giving bonds, with sureties, to pay judgment. Deeds. CONVEYANCES of land, or of any estate, or interest therein, may be made by deed, executed by any person having authority to convey the same, or by his attorney, and acknowledged and recorded as directed in this act, without any other act or ceremony whatsoever. Tihe acknowledgment of deeds shall be by the grantor, or one of them, or by the attorney executing the same. The acknowledgment may be made before any justice of the peace in this state, or before any justice of the peace, magistrate, or notary public, within the United States or in any foreign country, or before any commissioner appointed for that purpose by tie governor of this commonwealth, or before any minister or consul of the United States in any foreign country. A certificate of the acknowledgment of the deed, under the hand of the officer taking the same, shall be endorsed upon the deed or annexed thereto; and such deed and certificate may be recorded at length in the registry of deeds for the county where the lands lie, and lo deed shall be recorded without such certificate. In this state a seal is necessary. The wife of a grantor need not be separately examined; it is sufficient to bar her dower, if she join her husband in the deed, and thereby declares that she releases her right to dower in the granted premises. Rights of Married Women. THE following "Act to protect the property of married womnen" was approved fMay 5, 1855, and is the law regulating the control of the property of women married aince that date. The previous act of 1845 is essentially different in many of its provisions, but how far rights acquired or limited under that act are modified or repealed by the present act, it is not our province to decide; they must be determined by legal opinion, on actual cases involving controverted points, or the decisions of the courts. The property, both real and personal, which any woman who may hereafter be mar. ried in this commonwealth may own at the time of her marriage, and the rents, issues, profits, and proceeds thereof, and any real or personal property which shall come to her by descent, devise, or bequest, or the gift of any person except her husband, shall remaint her sole and separate property, notwithstalding her marriage, and not be subject to the disposal of her husband, or liable for his debts. The husband of any woman hereafter married in this commonwealth shall not be liable to be sued for any cause of action which originated against her before marriage; but she shall be liable to be sued for the same as it she were sole, and her property shall be liable to be attached and ttaken on execution ill the same maniiner. Any woman hereafter marlied may, while married, bargain, sell, and convey, her real and personal proptrty, and enter into any contract in relerence to the same, in the samne 192 SPECIAL LAWS OF MASSACHUSETTS. manner as if she were sole; hut no conveyance of any real property (except a iease for a term not exceding ol'e year), and no conveyance of any shares iln any corpomition, shall be valid without tl,' assent in wriiting of her husband, except with the consenit of one of the judges of the supremie judicial court, or of the court of common pllean, or the judge of probate;, to be glrntsed. onl her petition, in any county, on account of the sickness, Insanity, or alsence fiom the commonwealth, of her husband, or other oood cause; and her husband, if within the commonwealth, shall have such notice of the petition as the judge or court may order. This petition may be presented to, and granted by, any such judge in vacation, as well as in term time. Any woman hereafter to be married may, while married, sue and be sued in all matters having relation to her property in the same manner as if she were sole. Any woman hereafter married may, while married, make a will; but such will shall not deprive her hiusband of his rights as tenant by the courtesy, and she shall not bequeath away from him more than one half of her personal property without his consent in wii. ting; and any woman now married may makle a will of her real estate, which, however, shall not deprive her husband of his rights as tenant by the courtesy. The real estate and shares in any corporation standinlg in the name of any married woman, which were her property at the time of her marriage, or which have since become, or may hereafter becone, her property, by virtue of any devise, or bequest. or gift.from any person except her husband, shall not be liable to be taken on any execution against him for ally debt hereafter to be contracted, or any cause of action hereafter arising. Any married woman may carry on any trade or business, and perform any labor or services, on her own sole and separate account; and the earnings of any married woman, from her trade, business, labor, services, shall be her sole and separate property, and may be used and invested by her in her own name; and she rnay sue and be sued as if sole in regard to her trade, business, services, and earnings; and her property acquired by'her trade, business, and services, and the proceeds thereof, may be taken on any execution agmiinst her. Any woman who shall have been married out of this state shall, if her husband afterward become a resident within this commonwealth, retain all the rights as to property which she may have acquired by the laws of any other state or country, or which she may have acquired by virtue of any lliarriage contract or settlement made out of this commonweath. Nothing in this act contained shall invalidate any marriage settlement or contract now made or to be hereafter made. DoWER.-Every woman shall be entitled to her dower at common law in the lan(ds of her husband, to be assigned to her after his decease, unless she is law!'ully barred thereof. A married woman may bar her right of dower in any estate conveyed by her ihusbnnd, by joining with him ill the deed conveying the same, and releasing her claim to dower, or by releasing the same by a subsequent de ed exe'cuted jointly with her husbalnd, or with his guardian: also by a jointure of freehold estate in, lands for the life of the wife at least, and to take effect in possession (or profit immnedintily on the death of her lhus band; and also by a provision in the will of her husband in lieu of dower, at her election within six months after probate of the will. Rate of Interest. THE legal rate is six per cent. When the defence of usury is established, the defendant shall recover his full costs, ind the plaintiff shall forfeit threefold the inimount of the interest unlawfully reserved or taken. The party paying usurious interest may recover back threefold the amount of the unlawifl interest so paid. Wills. WILLS must be in writing, and signed by the testator, or by some other person ir. his pe-sence and by his express directiin, and attested and subscribed in the presence of he testator by three or more competent witnesses. SPECIAL LAWS OF RHODE ISLANB. 193 RHODE ISLAND. Constitution adopted, 1842.-Square Miles, 1,340.-Population in 1850, 147,543. Exemptions. l____'.~ TIHE household furniture and family stores of a hcuse keeper shall not be liable to attachment on any warrant of distress, or on any writ, original or judicial: provided, the whole, including beds and bedding, do not exceed in value the sum of two hundred dollars. Neither shall the necessary wearing-apparel of such housekeeper and his family, nor one cow; nor one hog; nor his working tools neces-! Sljiii sary for his usual occupation; provided, the said tools do not exceed In value the sum of fifty dollars; neither shall the working tools, not exceeding in value the sum of fifty dollars, nor the necessary wearing-apparel of any debtor, be liable to distress or attachment. Mechanics' Lien. WAHENEVER an) ouilding, canal, turnpike, railroad, or other improvement, shall be constructed, erected, or repaired, by contract with, or at the request of the owner thereof, such owner being at the time the owner of the land on which the same then is, such building, canal, turnpike, railroad, or other improvement, together-with the said land is hereby made liable, and shall stand pledged for all the work done in the construction, erection, or reparation thereof, which have been furnished by any person who had contracted or been requested as aforesaid, to construct, erect, or repair the same, before any other lien which shall originate subsequent to the commencement of such erection, construction, or reparation, on such land. t When such construction or reparation is done by contract, with, or at the request of any lessee or tenant, the interest and title of such lessee and tenant in the improvement and the land on which the same is located, shall stand pledged for all the work done and materials used and furnished, but not the interest of the landlord unless his written consent is first obtained assenting to such construction, erection, or reparation, and acknowledging his estate to be also holden for the payment thereof. So also the buildings and improvements and the estate in the land of one who is the owner of less than a freehold in the land, shall be pledged for the work done and materials furnished, but not the estate of the owner in fee of the land, unless his written consent is first obtained assenting to such construction, erection, or reparation, and acknowledging his estate to be also holden for the payment thereof. If the work be done under a written contract, then the lien shall be lost unless legal process be commenced for enforcing the same within four months from the time that any payment on such contract shall become due, if such payment shall not then be made. No person doing work or furnishing materials without written contract, shall have any lien unless he shall commence legal process for enforcing the same within six months from the time of commencing such work, or of commencing the delivery of materials if payment for the same shall not then be made. No person doing work at the request of any person who had entered into a contract, whether in writing or not, shall have any lien unless he shall within thirty days after commencing the work, give notice in writing to the person against whose estate or title he claims a lien, that he has commenced the work and that he will claim the benefit of the lien created by this act. But this lien will be lost unless such person shall, within four months from time of giving such notice, commence legal process to enforce such lien The commencement of legal process to enforce such lien shall be the lodging the account or demand for which the lien is claimed, in the office of the clerk of the town or towns in which the improvement is situate, with notice to what building, &c, and land, and to what or whose estate therein the account or demand refers. Twenty days before the term of the court of common pleas, in the county or counties in which the building, &c., shall lie, which shall be holden not less than twenty days next after the commencement of legal process aforesaid, the person so commencing the same shall file his petition in the clerk's office of said court, setting forth the particulars of his demand, describing particularly the building, &c., and land, and praying that the lien may be enforced against tle same. and that the same oe sold to satisfy the sad de mand, and all other demands for which it is liable 17 a' 20 1b011.153mroan.sb onL5 40 Mil \\ bScale ofimles~b I 10 l2^ _loro Billivile e 111 P^' Sm1itahfiel 1B Gf teCr ~ke kwA C-r aLSwanseyi cove r y a I L I E T 0. 'ad it3> =_11 ZZn liiv i es Greeu ici e _e TI elZ _ l T! I A 1 e ~~~~~sj~~~~~t ~,:_ft ~14 196 SPECIAL LAWS OF RHODE ISLAND Chattel Mortgages. No mortgage of personal property, hereafter made, shall be valid against any other, person than the parties thereto, unless possession of the mortgaged property be delivered to, and retained by the mortgagee, or unless the said mortgage be recorded in the office of the clerk of the town where the mortgager shall reside at the time of making the same. Law regulating Contracts. No action shall be brought whereby to charge any executor or administrator upon his special promise to answer any debt or damage out of his own estate, or whereby to charge the defendant on his special promise to answer for the debt, default, or miscarriage of another person, or to charge any person upon any agreement made upon consideration of marriage, or upon any contract for the sale of lands, tenements, or hereditaments, or the making of any lease thereof for a longer term than one year, or upon any' agreement which is not to be performed within the space of one year from the making thereof, unless the promise or agreement upon which such action shall be brought or some note or memorandum thereof shall be in writing and signed by the party to be charged therewith, or by some other person by him thereunto lawfully authorized. Limitation of Actions. ALL actions of trespass, detinue or replevin: all actions of account, and upon the case, except on such accounts as concern trade or merchandise between merchant and merchant, their factors or servants; all actions of debt founded on any contract, without speciality; all actions of debt for arrearages of rent; actions of debt for other causes, and all actions of covenant, shall be commenced and sued within the time hereinafter directed, namely - The said actions upon the case, except actions for slander, and the said actions of ace count, and the said actions for debt, founded upon any contract without speciality, ol brought for arrearages of rent, and all actions of detinue or replevin, shall be commenced within six years after the cause of the said actions; the said actions of trespass, and trespass and ejectment, within four years next after the cause of such action: and actions upon the ease for words, within two years next after the words spoken; all actions of debt other than those before specified, and all actions of covenant, within twenty years next after the cause of said actions. If any person, against whom there shall exist any of the causes of action, aforesaid, be without the limits of this state or shall go out before the action is barred, and shall not have or leave property or estate therein that can be attached, the person entitled to such action may commence the same within the time before limited after such person's return into the state. If any persen at the time any such action shall accrue to him, shall be a minor, fenma covert, non compos mentis, imprisoned, or beyond the limits of the United States, such person may bring the same within such time as is hereinbefore limited, after such Imn pediment is removed. Collection of Debts. ARREST AND ATTACHMENT.-In this state there is no exemption from arrest, except in the case of a female. By the revised laws it is provided that every original writ issued against a female founded on a contract not under seal shall be a writ of summons and not of arrest, that no execution shall issue against the body of any female on any judgment founded on contract not under seal, where the debt or damages recovered do not exceed the sum of fifty dollars; but she may be arrested, if the instrument be under seal, for any sum. It is also provided that wherever a writ authorizing an arrest shall be delivered to an officer for service, he shall use his best endeavors to arrest the body of the defendant, but if such officer can not find the body of the defendant within his precinct, he shall attach his goods and chattels to the value commanded in the writ; and that when he shall attach any goods or chattels on original writ, he shall keep the same in his hands as security to satisfy such judgment as the plaintiff may recever. SPECIAL LAWS OF RHiODE ISLAND 197 Deeds. No estate of inheritance or freehold, or for a term exceeding one year in lands or tenements, shall be conveyed firm one to another by deed unless the same be in writing signed, sealed, and delivered by the party making the same, and acknowledged before a senator, judge, justice of the peace, public notary, or town-clerk, by the party or parties who shall have sealed or delivered it, and recorded or lodged to be recorded in the office of the town-clerk of the town where the said lands or tenements lie. Any conveyance of lands within this state, or any instrument relating thereto, executed without the limits of this state and within the United States, may be acknowledged before any judge, justice of peace, mayor, or public notary, in the state where the same is executed; and if without the limits of the United States, before any embsssador, minister, charge de affaires, recognised consul, vice-consul, or commercial agent of the United States, in the country in which such deed or instrument is executed. A married woman may bar her right of dower in any estate conveyed by her husband, by joining with him in the deed conveying the same, and therein releasing her claim to dower or by releasing the same by subsequent deed jointly with her husband, or by Joining in a deed given by a guardian of her husband. The wife acknowledging a deed shall be examined privily and apart from her husband; and shall declare to the oflieer taking such acknowledgment that the deed or instrument shown and explained to her by such magistrate is her voluntary act, and that she doth not wish to retract the same. Form of Acknowledgment. State of Rhode Island, To t. County of Providence, 5 ~owt. On this sixteenth. day of April, one thousand eight hundred and fifty-one, before me, personally appeared JOHN DOE, and SUSAN DOE his wife, and severally acknowledged the foregoing instrument to be their free and voluntary act and deed; and the said SUSAN, 07o a private examination, separate and apart fromn her hutsband; declared to me, that the foregoing instrumnent, then by vme shown and explained to her, is her free and voluntary act and deed. and that she doth not wish to retract the same. JOHN JONES. (seal) Justice of the Peace It is requisite that a seal be use in this state. Rights of Married Women. TarE real estate, chattels real, household furniture, plate, jewels stock, or shares in the capital stock of any incorporated company of this state, or debts secured by mortgage on property within this state, which are the property of any woman before marriage, or which may become the property of any woman after marriage, shall be, and are hereby so far secured to her sole and separate use that the same and the rents, profits, and income thereof, shall not be liable to be attached or in any way taken for the debts of her husband, either before or after his death. Any policy of insurance made by any insured company, on the life of any person, expressed to be for the benefit of a married woman, whether the same be effected by herself or by her husband, or by any other person ou her behalf, shall enure to her separate use and benefit and that of her children, if any, independently of her husband and of his creditors and representatives, and also independently of any other person effecting the same on her behalf, his creditors and representatives, and a trustee or trustees may be appdinted by any court authorized to appoint trustees, to hold and manage the interest of any married woman in any such policy or the proceeds thereof. Provided, however, that the provisions of this act shall not apply to any policy upon which the amount of annual premium shall exceed the sum of three hundred dollars. DowER. —The widow of any person shall be endowed of one full and eqL l third part of all the lands, tenements, and hereditaments, whereof her husband or ar - other to hia use, was seized of an estate of inheritance at any time during the intermarriage. Rate of Interest. TIE legal rate of interest is six per cent. In an action brought upon a usurious contract, the plaintiff can recover the principal, with legal interest and costs of suit. Wills. WILLS must be in writing, signed by the testator or by some person in his presence, tor, by his express direction, and attested and subscribed in the presence of the testaand by three or more competent witnessef 17* 713 Iom~eaL t Gr' _S __ ll' S__ a shar _ ~ fLo_ i fis^J' o coCHF E L 6 D S0uffiai G fl70^'^S iJT^ r I^__~__C H I E W? -!l}T /'" 8 n Z~:g ~~ t iW7 o shr> 4 i tI I F e IiiNd t ] x! s %,,vznr~~~~~~,o; V E Bedfnord yfo}4du Jtcdford )IV = Si _~,- _ _ _ _ _ _._ ____ o,^_r — 4 = r = -L =- = 1.] F F \E DOTr-;ze.l -- - 0 22a ti~r C3'C~~Bii~tu198 ..omer.;EemoT Wfomere(;r< W { ~Lt,,:,_,_% I'rv' D S E..! Co r. I' ~ } ^Ji o ~ 7 ~- E~.G ~een e'~~'a, t~..,.< Jiad'dar ia a A I "''t~ok' WE V11 M J CN ^^ 1 P1 t.5.F-.ro-m L -'-... 199 =_ S tN,&dH i\.LIb L tJ ___ — x ~~~dSe, e-z =_ 20O0 SPECIAL LAWS OF CONNECTrICUT. CONNECTICUT. Constitution adopted, 1818. —Square Miles, 4,764.-Population in 1850, 371,982 Exemptions. -- ~~ =- THaERE is exempt from sale on execution the wearing': -g-': appar el, bedding and household furniture necessary for sup-:1-..:- porting life; arms, military equipments; implements of the _. *:~ ~ 1 l-. debtor's trade; one cow; sheep not exceeding ten; two l'. swine, and the pork produced from two swine, or two I'-"' K:m ~ swine, and two hundred pounds of pork, being the property I['f' k -~/.~~of one person; charcoal not exceeding twenty-five bushels; /ll"~ any quantity of coal, other than charcoal, not exceeding two X / St'/.:tons; wheat-flour, not exceeding two hundred pounds [.~ ~ ~, i weight; wood, not exceeding two cords; hay, not exceed. _Q&.: — tuing two tons; beef, not exceeding two hundred pounds; fish not exceeding two hundred pounds; potatoes or turnips, not exceeding five bushels each; Indian corn or rye, not exceeding ten bushels of each, and the meal or flour manufactured therefrom; wool or flax, not exceeding twenty pounds weight of each, or the yarn or cloth made therefrom; one stove, and the pipe belonging thereto, being the property of any one person having a wife or family; the horse, saddle, and bridle, of any practising physician or surgeon, of a value not exceeding one hundred dollars; and one pew, being the property of any person or persons having a family, who ordinarily occupy the same; and the burial-place of any person or family. Mechanics' Lien. EvERY dwelling-house or other building, for the construction, erection or repairs of which, any person shall have a claim for materials furnished or services rendered, exceeding the sum of twenty-five dollars, shall, with the land on which the same may stand, be subject to the payment of what may be due from the proprietor, and the same shall be a lien on such land and building, and shall take precedence of any other lien or incumbrance which shall originate subsequent to the commencement of such services, or the furnishing of any such materials: and said premises shall be liable to be foreclosed by such person, in the same manner as if held by mortgage. The debt for services or materials as aforesaid, shall not remain a lien on such land or building, for a longer period than sixty days after the person performing such services or furnishing such materials has ceased so to do, unless he shall lodge with the town-clerk of the town in which said building is situated, a certificate in writing descri-,bing the premises, the amount claimed as a lien thereon, and the date of the commencement of the claim; the same being first subscribed and sworn to, as the amount justly due, as nearly as the same can be ascertained, which certificate shall be recorded by the town-clerk, with deeds of land. When such debt shall have been discharged, such creditor shall file another certificate stating such discharge and removal of lien. Amendment, 1855.-No person shall be entitled to such lien, or to file his certificate therefolr, unless he shall within sixty days from the time he shall have commenced such services, or furnished such materials, notify the owner or proprietor of such building that he has so commenced his services or furnishing materials, and that he intends to claim a lien therefor on said building. The provisions of this section shall not apply to the original contractor for said building, nor to any sub-contractor whose contract with such original contractor is in writing, and has been assented to in writing by the other party to such original contract. Chattel Mortgages. WHEN any one mortgages machinery, engines, or implements in any factory, or household furniture in a dwelling-house, or hay in a building, together with the realty on which the same are situate, and particularly describes the personal property so mortgaged in the instrument of mortgage, it shall be as effectual to hold the personal as if it were a part of the real estate, although the mortgager retain possession. SPECIAL LAWS OF CONNECTICUT. 201 If he shall mortgage the said personal property, situated as aforesaid, without morl. gaging the real, and shall execute, acknowledge, and record it in all respects as a mortgage of lands, it shall be valid, though the mortgager retain the possession. Law regulating Contracts. No suit shall be brought upon any contract or agreement whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate; or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person; or to charge any person upon any agreement made upon consideration of marriage; or upon any contract for the sale of lands, tenements, or hereditaments, or any interest in or concerning them; or upon any agreement that is not to be performed within the space of one year from the making thereof; unless the contract or agreement, or some memorandum or note thereof, shall be made in writing and signed by the party to be charged therewith, or by some other person thereunto by him lawfully authorized. No contract for the sale of any goods, wares, or merchandise, for the price of thirtyfive dollars or upward, shall be allowed to be good, unless the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part payment, or unless some note or memorandum in writing, of the said bargain, shall be made and signed by the parties to be charged by such contract, or by their agents, thereunto lawfully authorized. Limitation of Actions. ENTRY upon lands must be made within fifteen years after the right accrued, and no such entry shall be sufficient unless an action be brought within one year thereafter. No action shall be brought on any bond, or writing obligatory, contract under seal. or promissory note not negotiable, but within seventeen years after right accrued. Those legally incapable at the time such right accrued, may bring the same at any time within four years after becoming legally capable. Actions of account, debt on book, on simple contract, assumpsit founded upon inm plied contract or upon any contract in writing not under seal, except promissory notes not negotiable, must be brought within six years. Those not capable may bring it within three years after becoming capable. Actioas of trespass on the case must be brought within six years. Actions upon an express contract not in writing, of trespass, and actions upun the ease for words, must be brought within three years. The time when the defendant is out of the state is excluded from the computation. Collection of Debts. ARREST.-NO execution issued in an action founded on contract merely, express ol Implied, shall be levied on the body of a debtor, except in actions founded upon prom ises to marry, on misconduct or neglect in any office or professional employment, or in actions instituted against a public officer, trustee, or any person acting in a fiduciary capacity, to recover moneys collected or received by him. Whenever any person shall be guilty of fraud in contracting a debt, or shall concrel, remove, withhold, assign, or convey away, his estate, moneys, goods, chattels, or choses in actions with intentto prevent the same from being taken by legal process, or shall refuse to pay any debt admitted by him, or established by a valid judgment, while hav. ing moneys or estate not exempt from execution, sufficient to discharge the same, con cealed or withheld by him so that the same can not be taken by legal process, or shall refuse to disclose his rights of actions, with intent to prevent the same from being taken by foreign attachment, any creditor aggrieved thereby may institute an action on the case, against such person, setting forth his debt in the declaration, and also setting forth particularly such fraudulent act, or acts, and have process of attachment and execution against the body of the defendant, to be proceeded with in all respects as in other actions of'tort. ATTACHMrENT.-Attachments may be granted against the goods and chattels of the defendant, and for want thereof, against his lands, or against his person when not exsmpt from imprisonment on the execution of the suit. 202 SPECIAL LAWS OF CONNECTICUT, Deeds. ALL grants, bargains, and mortgages of land, shall be in writing, subscribed by the grant. or, and attested by two witnesses. They shall be acknowledged by the grantor or grantors to be his or their free act and deed, before the town-clerk, or a county commissioner or justice of the peace or notary public, or before a judge of the supreme or district court or the United States, or of the supreme or superior court, or court of common pleas, or county court, of any individual state or before the commissidner of the school fund, or before a commissioner or other officer having power to take acknowledgments of deeds, or before a county surveyor when the land lies in his county, and when deeds are executed by an attorney duly authorized, his acknowledgment will be sufficient. When the grantor resides in any foreign state or country, they may be acknowledged to be his or their free actor deed, before any United States consul, resident in such foreign state or country, or before any notary public, or justice of the peace, in such foreign state or country. They must be recorded at length by the register or town-clerk of the town where such lands are; and where deeds are executed by a power of attorney, such power of attorney shall he recorded with the deed. A seal is not required tobe used in this state. The wife need not be privately examined apart from her husband. Form of acknowledgment same as in Maine. Rights of Married Women. THE interest of a married man in the real estate of his wife, belonging to her at the time of their intermnaiage, or which she may have acquired by devise or inheritance during coverture, shall'eotbe liable to be taken by execution against him, during the life of the wife, or the life or lives of children the issue of such marriage. All real estate acquired during coverture by the personal services of the wife, and all per. sonal property acquired by or accruing to her during the abandonment of her husband, or while living apart from him by reason of his abuse or habitual intemperance, is her sole and separate estate. When the real estate of a married woman is sold, and the avails invested in her name or for her benefit. the same is construed in equity to be her separate estate, and is not liable for the debts of her husband. All personal estate which shall accrue to any married man (see amendment, act of 1855), in right of his wife, by virtue of bequest to her, or distribution to her, as heir at law, and all property derived from the sale or investment thereof, shall vest in him in trust for the use of his wife; and at his decease, if undisposed of, vests in the wife, or her devisees, legatees, or heirs at law. Husband is entitled to the rents and profits of said estate, but such rents and profits can not be taken for his debts-except debts contracted for the support of the wife and her children after such estate has vested in him as aforesaid. No sale or transfer of such estate by the husband is valid unless by consent of the wife, or if she be dead the consent of those in whom her estate shall have vested-andC they must join with the husband in the conveyance thereof. Courts of probate may call husband to account and remove him from being trustee and appoint a trustee in his place. An insurance on the life of any person, expressed to be for the benefit of a married woman, will enure to her separate use and benefit, independent of her husband and his creditors and representatives, provided the annual premium shall not exceed one hundred and fifty dollars, unless paid from the private property of the wife. Whenever any married woman shall earn wages by her own labor, payment of the same may be made to tier, and when made shall be valid in law as though made to her husband, and no debt for the wages of a married woman, earned as aforesaid, shall be liable to be taken by virtue of any process against her husband. Payment to a married woman of any money deposited by her, either before or after mar. riage, shall be valid, and her receipt shall have the same effect as that of her husband; not to affect right of husband's creditor to levy. DowER.-The widow shall have right of dower in one third part of the real estate of which her husband died possessed in his own right, to be to her during her natural life. Rate of Interest. THE legal rate of interest is six per cent. In usurious contracts the principal can i, P^ covered without the interest. Persons guilty of taking usury forfeit the whole of tht, in'er,et —one half to him who shall prosecute to effect, one half to state treasury. Wills. AtL wills shall be in writing, subscribed by the Testator and attested by three witnesses all of them subscribing in his presence. SPECIAL LAWS OF NEW YORK. 203 NEW YORK. Costttution adopted, 1846.-Square Miles, 46,085.-Population in 1850, 3,090,018. Exemptions.:'___ ^'.THERE is exempt from execution, when owned by any person being a househelder, the following property: all spinning-wheels, weaving-looms, and stoves, kept for use in any dwelling-house; the family Bible, family pictures, and schoolbooks used in the family, and a family library not exceeding in value fifty dollars; church-pew; ten sheep, and three fleeces, and the yarn or cloth manufactured from the same; one cow, two swine, and necessary food for them; all necessary pork, beef, fish, flour, and vegetables, actually provided for family use, and necessary fuel for the use of the family for sixty days; all necessary wearingapparel, beds, bedsteads, and bedding, for such person and his family; aims and Bccoutrements required by law to be kept; necessary cooking-utensils; one table, six chairs, six knives and forks, six plates, six teacups and saucers, one sugardish, one milkpot, one teapot, and six spoons; one crane and appendages, one pair of andirons, and a shovel and tongs; the tools and implements of any mechanic necessary to the carrying on of his trade, not exceeding twenty-five dollars in value. IN ADDITION to the foregoing, there is exempt necessary house. hold furniture, and working tools and team, owned by any person being a householder, or having A family for which he provides, to the value of one hundred and fifty dollars: this exemption not to exist if the demand be for the purchasemoney of such furniture, tools, team. &c. See page 205. Wills. EVERY last will and testament of real or personal property, or both, shall be executed and attested in the following manner:1. It shall be subscribed by the testator at the end of the will. 2. Such subscription shall be made by the testator, in the presence of each of the attesting witnesses, or shall be acknowledged by him to have been so made, to each of the attesting witnesses. 3. The testator, at the time of making such subscription, or at the time of acknowledging the same, shall declare the instrument so subscribed to be his last will and testament. 4. There shall be at least two attesting witnesses, each of whom shall sign his name as a witness, at the end of the will, at the request of the testator. The witnesses to any will shall write opposite to their names their respective places of residence:* whoever shall neglect to do so, shall forfeit fifty dollars, to be recovered by any person interested in the property devised or bequeathed, whe will sue for the same. * If residing in a city, the street and number of the house should also be eiven S^ t1 1^ t W S iS T IBj g r L''. ~Ws. 111r Di- orto f WL:NE;W YO~lSare ddw ~ IY js. 0f Sm ti QC'WJeTorT \ owantd 0 jP ^ SY L A: I^~~~I ^_ IL~" R iO__.41 3f (an.W em U27MSQ44, L UJz2L <,'M o2 A'f) ~";'.. - f, elVXa~e- - DA N A T a of0 l7Ji \ 1 j clyde-rarkSD\4 > o n IrLt wn^""~tboe" | otl RICHMOND 1o Ia s " Xt "' - tr.-: 1 -. I CIA, J e / I vwilTE auftcI I A Nfl X B ice Ma BBrer E~ A'' ijt _~~ ~ li,'' 205- -m 2SU6 SPECIAL LAWS OF NEW YORK. Homestead-Exemption Law, IN addition to the property now exempt by law from sale under execution, there shall be exempt by law from sale on execution for debts hereafter contracted, the lot and buildings thereon, occupied as a residence and owned by the debtor being a householder and having a family, to the value of one thousand dollars. Such exemption shall continue after the death of such householder, for the benefit of the widow and family, some or one of them continuing to occupy such homestead until the youngest child become twenty-one years of age, and until the death of the widow. And no release or waiver of such exemption shall be valid unless the same shall be in writing, subscribed by such householder, and acknowledged in the same manner as conveyances of real estate are by law required to be acknowledged. To entitle any property to such exemption, the conveyance of the same shall show that it is designed to be held as a homestead under this act, or if already purchased, or the conveyance does not show such design, a notice that the same is designed to be so held shall be executed and acknowledged by the person owning the said property, which shall contain a full description thereof, and shall be recorded in the office of the clerk of the county in which the said property is situate, in a book to be provided for that purpose, and known as the " HomesteadExemption Book." But no property shall, by virtue of this act, be exempt from sale for non-payment of taxes or assessments, or for a debt contracted for the purchase thereof, or prior to the recording of the aforesaid deed or notice. If, in the opinion of the sheriff holding an execution against such householder, the premises claimed by him or her as exempt, are worth more than one thousand dollars, he shall summon six qualified jurors of his county, who shall upon oath, to be administered to them by such sheriff, appraise said premises, and if, in the opinion of the jury, the property may be divided without injury to the interests of the parties, they shall set off so much of said premises, including the dwelling house, as, in their opinion, shall be worth one thousand dollars, and the residue of said premises may be advertised and sold by such sheriff. In case the value of the premises shall, in the opinion of the jury, be more than one thousand dollars, and can not be divided as is provided for in the last section, they shall make and sign an appraisal of the value thereof, and deliver the same to the sheriff, who shall deliver a copy thereof to the execution debtor, or to some of his family, of suitable age to understand the nature thereof, with a notice thereof attached, that unless the execution debtor shall pay to said sheriff the surplus over and above one thousand dollars within sixty days thereafter, that such premises will be sold. In case such surplus shall not be paid.within the said sixty days, it shall be lawful for the sheriff to advertise and sell the said premises, and out of the proceeds of such sale to pay to such execution debtor the said sum of one thousand dollars, which shall be exempt from execution for one year thereafter, and apply the balance on such execution; provided, that no sale shall be made unless a greater sum than one thousand dollars shall be bid therefor, in which case the sheriff may return the execution for want of property. The costs and expenses or selling off such homestead, as provided herein, shall be charged and included in the sheriff's bill of costs upon the said execu tion. This act shall take effect on the first day of January, one thnusand eight hun dred and fifty-one SPECIAL LAWS OF NEW YORK. 207 Mechanics' Lien. I ANY person who shall hereafter, by virtue of any contract with the owner thereof, or his agent, or any person who in pursuance of an agreement with any such contractor, shall, in conformity with the terms of the contract with such owner or agent, perform any labor or furnish materials in building, altering, or repairing any house or other building in the several cities in this state (except the city of New York), and in the villages of Syracuse. Williamsburlh, Geneva, Oswego, Auburn, and Canandaigua, shall have a lien for the value of such labor and materials, upon such house or building and appurtenances, and upon the lot of land on which the same stand, to the extent of the right, title, and interest, at that time existing of such owner, in the manner and to the extent hereinafter provided; but the aggregate of all the liens authorized by this act to be created, for the labor performed and materials furnished, shall not exceed the price stipulated in the contract with such owner or his agent to be paid therefor. ~ 2. The person performing such labor or furnishing such materials shall cause to be drawn up specifications of the work by him contracted to be perfermed or materials to be furnished, and stating the price or prices agreed to be paid therefor, and shall file them, or if there be a contract in writing, a true copy thereof in the office of the clerk of the county in which the city or village may be situated, and serve a notice thereof personally on such owner, or his said agent, within twenty days after the making such contract, or after commencing such labor, or the furnishing of said materials. Time extended to 30 days in Buffalo. ~ 3. The lien so created by this act shall take effect from the time of such tiling and such service of said notice, and shall continue in full force for the space of one year thereafter. $ 4. Any owner and any contractor or laborer, or any person funmishing materials in pursuance of any contract made by such contractor with such owner, or his said agent therefor, may, after such labor has been performed or materials fur nished, enforce or bring to close such lien, by serving or causing a notice to be served personally on such owner or his agent, contractor or laborer, or person furnishing materials, requiring him to appear in the court of common pleas of the county, or in a justice's court of the city or village in the county in which such building is situated, either in person or by attorney, at a time certain on some day to be specified in such notice, not less than twenty days from the service thereof, and submit to an accounting and settlement in such court of the amount due or claimed to be due under such contract, for the labor thus performed, or the materials thus furnished. { 5. At the time of, or within ten days after the service of such notice, a bill of par iculars of the amount claimed to be due shall be served personally on such owner, and accompanying the same shall be a notice to produce a bill of particu. lars of any offset which may claimed to the same within ten' days thereafter, which shall be served in like manner. ~ 9. Any person performing such labor or furnishing such materials, in pursuance of any agreement made by him with the original contractor with such owner or his said agent, who shall have done the acts prescribed by the second section of this act, to create a lien therefor, shall have a lien for only such labor as shall be. performed and for only such materials as shall be furnished subsequently thereto. ~ 10. Any such person, within thirty days after such labor has been performed or such materials have been furnished, and claiming to have a lien therefor, shall produce and deliver to the owner or his agent a statement in writing, signed by himself and the said contractor, specifying how much is due to such person for such labor done or materials furnished; or, in default of so doing, shall take the necessary proceedings against such contractor to procure an accounting and settlement of the amount due or owing for such laVbor or materials. The amount so ascertained to be due shall be paid by the owner, and the same shall be deemed to be a payment by the owner on the contract made with such owner or his agent. The above provisions are extended to the town of Kingston, in the county of Ulster, and to Richmond county, except that the bill of particulars and of offset required by the fifth section may be served at the time or withinAfteen days after the service of such notice. 08 i'(SPECIAL' LAWS OF NEW YO it' By acts of 1851, 1852, and 1853, provision is made for a lien in the counties of Wvestc chester. Putnam, Ulster, Dutchess, Rensselaer, Rockland, and Chemungl-, and the town of Newburgh, in Orange county. An act of 1853 provides for a lien in Kings county. A special lien law was passed in 1854, for the counties of Westchester, Oneida, Cortalnd, Broome, Putnam, Rockland, Orleans, Niagara, Livingston, Otsego, Lewis, Oralge, and Dutchess. LIEN' FOR THE CITY OF NEW YORK. ANY person who shall hereafter, by virtue of any contract wvith the owner thereof, or Iila agent, or any person who, in pursuance of an agreement with anuy suchl contractor, slall, id conformity with the terms of such contract, perform any labor or firnish materials in building, altering, or repairing, any house or other building, or appurtenances to any house or other building, in the city of New York, shall, upon filing the notice prescribed in the sixth paragraph, have a lien for the value of such labor and materials upon such house or building and appurtenances, and upon the lot of land upon which the same stand, to the extent of the riglt, title, and interest, at Stat time existing, of such owner, in the mannel and to the extent hereinafter provided; but such owner shall not be obliged to pay for, or on account of such house, other building, or other appurtenances, in consideration of all tle liens authorized by this act to be created, any greater sum or amount than the price stipulated and agreed to be paid therefor in and by such contract. Any person furnishing such materials or performing such labor, in pursuance of a written contract with such owner or his agent, shall produce such contract, or the best evidence thereof in his possession, the validity of which shall be established in evidence before tile court in which he may bring his suit to recover the value of his lien, and shall recover no more than the price stipulated to be paid to him in such contract. Any person performing such labor or furnishing such materials, without a written contract with such owner or his agent, shall produce evidence as mentioned in the preceding paragraph, to establish the value of such labor or materials, and that the same were used by the said owner or his agent, or the original contractor in the erection, alteration, or repairing, of such building. Any contractor or laborer, or any person furnishing materials in pursuance of any contract made by such contractor with such owner or his said agent therefor, may, after such labor has been performed or materials furnished, enforce or bring to a Close such lien, by serving or causing a notice to be served personally on such owner or hiis agent, contractor or laborer or person furnishing materials, requiring him to appear in the court of common pleas, or, provided the amount claimed do not exceed one hundred dollars. in a justice's court of the judicial district in which such building is situated, or in the marine court of said city and county of New York, either in person or by attorney, at a timle certain upon solme day to be specified in such notice, not less than twenty days fiom the service tlereot, and submit to an accounting and settlement in such court, of the amount due or claimed to be due for the labor thus performed, or the materials thus furnished. At the time, or within fifteen days after the service of such notice, a bill of particulars of the amount claimed to be due shall be served personally on such owner, or his legal representatives, and also a bill of particulars of any offset which may be claimed to the same shall be served in like manner upon the laborer, contractor, or person furnishing materials, as the case may be. Within six months after the performance of such labor or the furnishing of such materials, the contractor, sub-contractor, laborer or person furnishing materials shall serve a no. tice in writing upon the county clerk, specifving the amount of the claim, and the person against whom the claim is made the name of The owner of the building, and the situation of the buildinZ, by its street and number, if the number be kntjwn. In case said owner shall not appear at the time and place specified in the notice given, in pursuance of the requirements of the fourth and fifth paragraphs, then, on filing with the county clerk, or with the clerk of the marine court, or with the justice, an affidavit of the service of such notice, and of the default of the owner to appear, a writ of inquiry may be issued to the sheriff of said city and county, to assess the amount of such claim, or the amount o)f such claim may be assessed by the court of common pleas, justice's court, or the marine court, as the case may be; and upon the return of the writ of inquiry, or tile assessment by the court, judgment shall be entered upon the same, and execution shall issue for thle enforcement of said claim so adjudicated and established, in the same manner as in cases upon other judgments in such courts. On the appearance of both parties in pursuance of the above requirement, issue shall he joined upon the chlims made, and notice of set-off served, and the same may be noticed for trial and put upon the calendar of said court by either party, and shall be governed, tried and the judgment thereon enforced, in all respects in the same manner as upon issues joined and judngments rendered in all other civil a.iions for the recovery of moneys in said court. The judgment obtained may be filed by die successful party with the county clerk, s^ho lhall record the name of the court, amount of judgment if for claimant, or wherel the judgment is against the claimant, the word," discharged" shall be entered against it. Tihe lien may be discharged as follows: 1. By filing a certificate of the claimant or his successors in interest, acknowledged or p;oved in the same manner as the satisfaction of a mortUagre, stating that the lien is discharged: or-2. By the deposite with the clerk of a sum of money equal to the amount claimed, which money shall thereupon be held subject to hoe lien: or —. By an entry of the clerk made in the book of liens, after one year has elapsed since the filing of the claim, stating that no notice has been given to him of legal steps to ensforce the lien: or-4. By an affidavit of service of a notice from the owner to the claim ant requiring him to commence an action for the enforcement of his lien, on or before a cer SPECIAL LAWS OF NEW YORK. 209 taln hour or day specified in said notice, and the lapse of thirty days thereatter, without any affidavit from the claimant being filed of the service of the notice required in the fourth paragraph: or-5. By satisfaction of the lien, upon an action for the enforcement thereof. Every lien created under the first paragraph of this act, shall continue until the expiration of one year from the creation thereof, and until judgment rendered in any proceedings for tile enforcement thereof. LIEN ON SHIPS. WHENEVER a debt, amounting to fifty dollars or upward, shall be contracted by the mas. ter, owner, agent, or consignee, of any ship or vessel within this state, for either of the following purposes-1. On account of any work done or materials furnished in this state, for or toward the building, repairing, fitting, furnishing, or equipping, such ship or vessel; 2. For such provisions and stores furnished within this state as may be fit and proper for the use of such vessel at the time when the same were furnished: 3. On account of the wharfage and the expense of keeping such vessel in port, including the expense incurred in employing persons to watch her-such debt shall be a lien upon such ship or vessel, her tackle, apparel, and furniture, and shall be preferred to all other liens thereon, except mariners' wages. When the ship or vessel shall depart from the port at which she was when such debt was contracted, to some other port within this state, every such debt shall cease to be a lien at the expiration of twelve days after the day of such departure; and in all cases such lien shall cease immediately after the vessel shall have left the state. Whenever any ship or vessel shall have been run down or run afoul of by any other ship or vessel, through the negligence or wilful misconduct of those navigating such other ship or vessel, and shall thereby have sustained damage to the extent of fifty dollars or upward, the owner of said ship or vessel so sustaining damage shall have a lien upon the ship or vessel causing such damage in manner aforesaid, her tackle, apparel, and furniture, to the extent of such damage. The lien shall cease unless awarrant to enforce the same be issued within twenty days after the damage shall be done. Chattel Mortgages. EVERY mortgage of personal property which shall not be accompanied with an immediate delivery, and be followed by-an actual and continued change of possession of the things mortgaged, is absolutely void as against the creditors of the mortgager and subsequent mortgagees and purchasers in good faith, unless the mortgage, or a true-copy thereof, shall be filed in the several towns and cities of the state where the mortgager, if a resident of the state, resides; if he be not a resident, then in the city or town where the property mortgaged shall be at the time of the execution of the mortgage. In the city of New York they must be filed in the register's office; in the several towns in which the county clerk's office is kept, in the county clerk's office; in other towns, in the town clerk's office. Law Regulating Contracts. EVERY contract for the leasing for a longer period than one year, or for the sale of any lands, or any interest in lands, shall be void, unless the contract,, or some note or memorandum thereof, expressing the consideration, be in writing, and be subscribed by the party by whom the lease or sale is to be made, or subscribed by the agent of such party lawfully authorized. In the following cases, every agreement shall be void, unless such agreement, or some note or memorandum tmereof. expressing the consideration, be in writing, and subscribed by the party to be charged therewith: 1. Every agreement that, by its terms. is not to be performed within one year from the making thereof. 2. Every special promise to answer for the debt, default, or miscarriage, of another person. 3. Every agreement, promise, or undertaking, made upon consideration of marriage, except mutual promises to marry. Every contract for the sale of any goods, chattels, or things in action, for the price of fifty dollars or more, shall be void, unless-1. A note or memorandum of such conduct be made in writing, and be subscribed by the parties to be charged thereby: or-2. Unless the buyer shall accept and receive part of such goods, or the evidences, or some of them, of such things in action: or-3. Unless the buyer shall, at the time, pay some part of the purchase. money. Whenever goods shall be sold at public auction, and the auctioneer shall, at the time of sale, enter in a sale-book a memorandum specifying the nature and price of the property sold, the terms of the sale, tile name of the purchaser, and the name of the person on whose account the sale is made, such memorandum shall be deemed a note of the contract of sale within the meaning of the last section. Limitation of Actions. No action for the recovery of real property, or for the recovery of the possession therelo shall be maintained, unless it appear that the plaintiff, his ancestor, predecessor, or grantsr was seized or possessed ol the premises in question, within twenty years before the con mencemelt of such action - 210 SPECIAL LAWS OF NEW YORK. No entry upon real estate shall be deemed sufficient, or valid as a claim, unless an action be commenced thereupon within one year after the making of such entry, and within twenty years from the time when the right to make such entry descended or accrued. An action upon a judgment or decree of any court of the United States, or of any state or territory within the United States, or an action upon a sealed instrument, shall be commenced within twenty years. The following actions shall be commenced within six years:1. An action upon a contract, obligation, or liability, express or implied, excepting those mentioned in the previous section. 2. An action upon a liability created by statute, other than a penalty or forfeiture. 3. An action for trespass upon real property. 4. An action for taking, detaining, or injuring any goods or chattels, including actions for the specific recovery of personal property. 5. An action for criminal conversation, or for any other injury to the person or rights of another, not arising on contract, and not hereinafter enumerated. 6. An action for relief, on the ground of fraud; in cases which heretofore were solely cognisable by tile court of chancery; the cause of action in such case not to be deemed to have accrued, until the discovery by the aggrieved party, of the facts constituting the fraud. An action against a sheriff, coroner, or constable, upon a liability incurred by the doing of an act in his official capacity, and in virtue of his office, or by the omission of an official duty, including the non-payment of money collected upon an execution, shall be commenced within three years; but this section shall not apply to an action for an escape. An action for libel, slander, assault, battery, or false imprisonment, or an action upon a statute, for a forfeiture or penalty to the people of this state, shall be cone menced within two years. In an action brought to recover a balance due upon a mutual, open, and cut rent 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. Collection of Debts. ARREST.-NO person shall be arrested in a civil action except as prescribed by this act. The defendant may be arrested, as hereinafter prescribed, in the following cases:1. In an action for the recovery of damages, on a cause of action not arising rot 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 for wrongfully taking, detaining, or converting property. 2. 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 corporation or banking association, in the course of his employment as such, or by any factor, agent, broker, or other person in a fiduciary capacity, or for any misconduct 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 part thereof has heen concealed, removed, or disposed of, so that it can not be found or taken by the sheriff 4. When the defendant has been guilty of a fraud, in contracting the debt, or incurring the obligation for whic4 the action is brought, or in concealing or disposing of the property, for the taking, detention, or conversion of which, the action u brought,. 5. When the defendant has removed or disposed of his property, or is about to do so with intent to defraud his creditors. wFECIAL LAWS OF NEW YORK. 211 But no female shall be arrested in any action, except for a wilful injury to per, son, character, or property. Before making the order, the judge shall require a written undertaking on the part of the plaintiff, with or without sureties, to the effect that if the defendant recover judgment, the plaintiff will pay all costs that may be awarded to the defendant, and all damages which he may sustain by reason of the arrest, not exceeding the sum specified in the undertaking, which shall be at least one hun. dred dollars. ATTACHMENT.-In an action for the recovery of money, against a corporation created by or under the laws of any other state government or country, or against a defendant who is not a resident of this state, or against a defendant who has absconded or concealed himself as hereinafter mentioned, the plaintiff, at the time of issuing the summons, or at any time afterward, may have the property of such defendant attached, in the manner hereinafter prescribed, as a security for the satisfaction of such judgment as the plaintiff may recover. The warrant may be issued whenever it shall appear by affidavit that a cause of action exists against such defendant, specifying the amount of the claim, and the grounds thereof, and that the defendant is either a foreign corporation, or not a resident of this 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 like intent. Before issuing the warrant, the judge shall require a written undertaking on the part of the plaintiff, with sufficient surety, to the effect that if the defendant recover judgment, the plaintiff will pay all costs that may be awarded to the defendant, and all damages which he may sustain, by reason of the attachment, not exceeding the sum specified In the undertaking, which shall be at least two hundred and fifty dollars. The warrant shall be directed to the sheriff of any county in which property of such defendant may be, and shall require him to attach and safely keep all the property of such defendant within his county. Several warrants may be issued at the same time to the sheriffs of different counties. Deeds. EVERY grant in fee or of a freehold estate shall be subscribed and sealed by the person from whom the estate or interest conveyed is intended to pass, or his lawful agent; and if not duly acknowledged previous to its delivery, according to the provisions Ibelow], its execution and delivery shall be attested by at least one witness; or if not so attested, it shall not take effect as against a purchaser or incumbrancer, until so acknowledged. A wafer seal must be used. Every conveyance of real estate within this state, hereafter made, shall be recorded in the office of the clerk of the county where such real estate shall be situated; and every such conveyance not so recorded shall be void as against any subsequent purchaser, in good faith and for a valuable consideration of the same real estate, or any portion thereof, whose conveyance shall be first duly recorded. To entitle any conveyance, hereafter made, to be recorded by any county clerk, it shall be acknowledged by the party or parties executing the same, or shall be proved by a subscribing witness thereto, before any one of the following officers:If acknowledged or proved within this state, justices of the supreme court, judges of county courts, mayors and recorders of cities, commissioners of deeds in cities, justices of the peace in the several towps of this state; but no county judge or commissioner of deeds for a city, nor justice of the peace for a county, shall take any such proof or acknowledgment out of the city or county for which he was appointed: If acknowledged or proved out of this state, and within the United States the4chief justice and associate justices of the supreme court of the United States district judges of the United States, the judges or justices of the supreme, sup. 212 SPECIAL LAWS OF NEW YORK. rior, or circuit court, of any state or territory within the United States, and the chief judge or any associate judge of the circuit court of the United States in the District of Columbia; but no proof or acknowledgment, taken by any such officer, shall entitle a conveyance to be recorded, unless taken within some place or territory to which the jurisdiction of the court to which he belongs extends: In foreign countries, before any consul, vice-consul, or minister resident of the United States, appointed to reside at any foreign port or place, duly certified under their hand and seal of office. The proof or acknowledgment of any deed, when mnde by any person residing out of this state, and within any other state or territory of the United States, may be made before any officer of such state or territory, authorized by the laws thereof to take the proof and acknowledgment of deeds; provided that no such acknowledgment shall be valid unless the officer taking the same shall know or have satisfactory evidence that the person making such acknowledgment is the individual described in, and who executed the said deed. There shall be subjoined to the certificate of proof or acknowledgment, signed by such officer, a certificate tinder the name and official seal of the clerk, register, recorder, or a prothonotary having charge of the official seal of the county in which such officer re.ides, or of the county or district court, or court of common pleas, thereof, specilying 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 or clerk of any court as aforesaid, having a seal, is well acquainted with the handwriting of such officer, and verily believes that the signature to said certificate of proof and acknowledg. ment is genuine. No acknowledgment of any conveyance having been executed shall be taken by any officer, unless the officer taking the same shall know or have satisfactory evidence that the person making such acknowledgment is the individual described in and who executed such conveyance. The acknowledgment of a married woman residing within this state, to a conveyance purporting to be executed by her, shall not be taken, unless, in addilion to the requisites contained in the preceding section, she acknowledge, on a private examination, apart from her husband, that she executed such conveyance freely, and without any fear or compulsion of her lusband. When any married woman, not residing in this state, shall join with her lhusband in any conveyance of any real estate situate within this state, the convey.ance shall have the same effect as if she were sole; and the acknowledgment or proof of the execution of such conveyance by her may be the same as if she were sole. Form of Acknowledgment. State of New York, to wit County of King's, On thisJirst day of October, one thousand eight hundred and fifty, before me personally came JOHN DOE and SUSAN his w'ife, to me known to be the individuals described in and who executed the foregoing conveyance, and acknowledged that they executed the same [and the said SUSAN, on a private examination, separate and apart from her husband, acknowledzed that she executed the same freely, and without any fear or compulsion of her said husband]. JOHN JONES, Justice of the Peace. Where there is no wife, the parts referring to her may be omitted. Form of Certificate of Proof by the subscribing Witness. State of New York, to wit County of King's, S On this first day of October, one thousand eight hundred and fifty, before me personally came JoHN SMITH, subscribing witness to the foregoing conveyance, to me known, who being by we duly sworn, did depose and say, that he resides in the town of BuLshwick, in said county; that he knew JOHN Do, the individual described in and who executed the said conveyance; that he was present, and did see the said JOHN DOE sign, seal, and deliver the same, as and for his act and deed; and that the said JOHN DOE then acknowledged the execution thereof, whereupon the said JOHN SMITH became the subscribing witness thereto. JOHN JONES, JustiCe of the Peace. SPECIAL LAWS OF NEW YORK. 213 Rights of Married Women. THE real and personal property of any female who may hereafter marry, and which she shall own at the time of 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. 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, and 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 effect as if she were unmarried, and the same shall not be subject to the disposal of her husband, nor be liable for his debts. Any person who may hold, or may hereafter hold, as trustee for any married woman, any real or personal estate, or other property, under any deed of conveyance or otherwise, on the written request of such married woman, accompanied by a certificate of a justice of the supreme court, that he has examined the condition and situation of the property, and made due inquiry into the capacity of such married woman to manage and control the same, may convey to such married woman, by deed or otherwise, all or any portion of such property, or the rents, issues, or profits thereof, for her sole and separate use and benefit. All contracts made between persons in contemplation of marriage shall remain in full force after such marriage takes place. It shall be lawful for any married woman, by herself and in her name, or in the name of any third person, with his assent, as her trustee, to cause to be insured, for her sole use, the life of her husband for any definite period, or for the term of his natural life; and in case of her surviving her husband, the sum or net amount of the insurance becoming due and payable, by the terms of the insurance, shall be payable to her, to and for her own use, free from the claims of the representatives of her husband or of any of his creditors; but such exemption shall not apply where the amount of premium annually paid shall exceed three hundred dollars. In case of the death of the wife before the decease of her husband, the amount of the insurance may be made payable, after her death, to her children, for their use, and to their guardian i'f under age. Every married woman, being a resident of this state, who shall receive a patent for her own invention, pursuant to the laws of the United States, may hold and enjoy the same, and all the proceeds, benefits, and profits thereof and of such invention, to her own separate use, free and independent of her husband and his creditors, and may transfer and dispose thereof, and in every respect perform all acts in relation thereto, in the same manner as if she were unmarried, but this act shall not authorize such married woman to contract any pecuniary obligations to be discharged at any future time. When any deposite shall be made in any savings bank or institution, by any female, being or hereafter becoming a married woman, in her own name, it shall be lawful for the trustees or officers of such bank or institution to pay such depositor such sum or sums as may be due such female, and the receipt or acquittance of such depositor shall be a sufficient legal discharge to the said corporation therefor. DowER.-A widow shall be endowed with the third part of all the lands whereof her husband was seized, of an estate of inheritance, at any time during the marriage. Rate of Interest. THE legal rate is seven per cent. All contracts, whereby a higher rate Is reserved, are void. Corporations can not set up the defence of usury. Dr ~ ~ So~e3'Go Gshen 7h cii eo -'w I.; i~overFur"uz& 5 n;Lo i F 3f 0 R ~>Nserg t eS~esaai0 Doverh=1; ~~~~~~~~g weshL ws Il| i3~t~ gn > g esv~ew s@9~eso>' sEr X g I g~~~~anr~ool> ^:~ dbury iI 12 A 1gF 1'ts 2 =X W~~~~ ~~~~ Lo 0 C E, S %,Barn Causeways ~7.~ os o,,. ~E S0~s At -_- 1 6~ a'di —n-= Danl.Abseco mbe o~~~~~~~~~~~~~~~~~~~,s ~we~es~ror ~ Port i'~ ~ ~~~~~~~~~'=~ _r'C' —— " L niue E~q st f ro Wostlo 911 CP 9a Ivs r Zas~~~bw~~ZILwgitdeVasc romashig o II. 2^^>^ ^ ^0rpenw JIIE~~W~~EIZZ~ IX'/!. o.ao?par'te _r r ooe 1 roe eWo/". Bom' 41~~i 41 ^3w~ l ~Powveserville vers ^^^^Scale of MBses 0) 1:~~Prip~panYo Ift lr7 2.o, S - e.; ^^ S) ^ ^ /^ ^ < ^ "41 41 ^)~~~~I _ ~f'eEL-",~A^ /^^ \^ g^^^ ~ 10~~~~~~~~ -.,~.'/; oStroudsbungq Zoe ll 1^1 iill ^AQ Ea 0~3 ^^ "^, ^^ ^ ^^^r s\o( AZeno \n, ^^^ ~eehoia tw ~ Zamft w b e ^ ^^^rRE~p~fM 0 eorgia e 0UenmwnnT 216 SPECIAL LAWS OF NEW JERSEY. NEW JERSEY. Constitution adopted 1844-Square Miles 8,320-Population in 1850, 488,G73. Exemptions. THE following articles being the property of any one having a family is exempt from levy and sale on execution..' l i d^One cow; one bed and bedding; one cradle; one stove; one half cord of firewood; one half ton of stone coal; one spinning-wheel; one table; six chairs; one hog; one hundred weight of flour; one iron cooking pot; one dozen knives and forks; one dozen plates; one dozen spoons; one half dozen bowls; two pails; one barrel; one coffeepot; one tub; one frying-pan; the necessary tools of a tradesman, not exceeding in value ten dollars; and all necessary wearing apparel. The above exemptions apply to contracts made previous to March 18, 1851; after that date, household goods, chattels, and. tradesmen's tools, to the value of $200, and all wearing apparel, the property of any debtor having a family residing in this state, shall be reserved, as well after as before the death of the debtor, for the use of the family against all creditors, and shall not be liable to be seized or taken by virtue of any execution or civil process whatever, issued out of any court in this state (except the same be issued in cases of taxation) on any contract made after the passage of this act. This act does not protect from sale under any execution or process any goods, chattels, or property, for the purchase whereof the debt or demand for which the judgment on which the execution or process was issued shall have been contracted. If an officer can not find sufficient other property to satisfy an execution, then a judge of common pleas is to appoint three disinterested persons to appraise the goods, without reference to what they might bring at vendue, when, if they amount to more than $200, the debtor is allowed to select such as he may choose to this amount, and the balance to be sold. The plaintiff must have five days notice of time and place of appraisement. A widow of a deceased debtor, or his administrator, may select the same amount un. der similar provisions. Mechanics' Lien. EVERY building hereafter erected or built within this state, shall be liable for the payment of any debt, contracted and owing to any person for labor performed, or materials furnished, for the erection and construction thereof, which debt shall be a lien on such build. ing, and on the land whereon it stands, including the lot or curtilage whereon the same is erected. When any building shall be erected in whole or in part by contract in writing, such building, and the land whereon it stands, shall be liable to the contractor alone, for work done or materials furnished in pursuance of such contract; provided. such contract or a duplicate thereof, be filed in the office of the clerk of the county in which such building is situate, before such work done or materials furnished; and no building or land shall be liable for work done by any person, not employed by the owner or his agent, on his account. If the master workman or contractor refuse to pay any person for the materials furnished or workman for labor in the erection or construction of any building, notice must be given in writing to the owner of said building of the amount due-when the owner may retain said amount from the contractor (after giving him written notice of the amount and demand), and should he still refuse to adjust the same, the owner can pay the claim and deduct it froml the amount due the contractor or master-workman, on being satisfied of the correctness of such demand. When buildings are erected on leased land by a tenant without the written consent of the owner (and which if given, must be recorded as deeds are) the building alone is liable. To entitle any person to the benefits of this act he must within one year after the labor is performed or materials are furnished, file his claim with the county clerk of the county vherein such building is situated-describe the buildings and land-name the owner of the latter and the person for whom and at whose request the labor was performed, or the materials furnished-state the amount and kind of labor performed and materials furnishedthe dates-and at what prices-giving-credit for payments made thereupon or deductions that ought to be made therefrom striking the balance due-and if the price of labor or materials was agreed upon, state it. This bill of particulars and statement must by verified by the oath of the claimant, or his agent in said matter setting forth that the same is for labor done or materials furnished in SPECIAL LAWS OF NEW JERSEY. 217 the erection of the building described in the claim, at the time therein specified, and that the amount as therein claimed is justly due. If the claim is not filed in the manner or within the time before mentioned, or if the bill of particulars contain any wilful or fraudulent misstatement of the matters above directed to be inserted therein, the building or lands will be fiee from all lien for the matters in such claim. The county clerk must record the same in the "Lien Docket," for which service his compensation shall be twelve cents for each claim or contract and at the rate of eight cents per folio for entries made in the lien docket-and six cents for every search made in the office for such lien or contract. Suits to recover must be instituted in the circuit court of the county where such buildings are situated, and summons must issue within one year after the labor is performed or materials are furnished. When judgment is obtained the sheriff can advertise and sell such buildings or lands to pay liens. Lands or buildings may be discharged from lien, 1st, by payment and receipt therefor from the claimant properly acknowledged-2d, by payment to the county clerk-3d, by the expiration of the time limited for issuing a summons on such lien claims, without any summons being issued or without notice thereof endorsed on said claim-4th, by filing an affidavit that a notice from the owner to the claimant, requiring such claimant to commence suit in thirty days from the service of such notice and the lapse of thirty days after such service without such suit being commenced or without an entry of the time of issuing such summons being made on such claims. "When there are several or more than one lien claim upon the same building or land all shall be paid pro rata out of the proceeds of sale when sold by virtue of this act. The above provisions apply also to additions to buildings, fixed machinery, gearing, or other fixtures for manufacturing purposes; An amendment to this act extends them " to all nills and manufactories of whatever description, and to the lots of land or curtilages wher-.ver the same are erected for debts by the owner thereof or by any other person with the consent of the owner in writing, for work done or materials furnished for or about the repairing of any fixed machinery, or gearing, or other fixtures for manufacturing purposes on the same." This does not cover debts for repairs or alterations of the building. The act provides the mode of procedure, if the land owner desires to contest the claim, and to free his house and land from the lien; also the mode of proceeding to stay other suits until judgment is rendered in the first suit. Law regulating Contracts. No leases, estates, or interests, or term or terms of year or years, or any uncertain interest of, in, to, or out of, any messuages, lands, tenements, or hereditaments, shall, at any time hereafter, be assigned, granted, or surrendered, unless it be by deed or note in writing signed by the party so assigning, granting, or surrendering the same, or his, her, or their agent or agents, thereunto lawfully authorized by writing, or by act and operation of law. No action shall be brought, whereby to charge any executor, or administrator, upon any special promise to answer damages out of his own estate; or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriages of another person; or to charge any person upon any agreement made upon consideration of marriage; or upon any contract or sale of lands, tenements. or hereditaments, or any interest in or concerning them; or upon any agreement that is not to be performed within the space of one year from the making thereof; unless the agreement upon which such action is brought, or some memorandum or note thereof, shall be in writing and signed by the party to be charged therewith, or some other person thereunto, by him or her lawfully authorized. No contract for the sale of any goods, wares, and merchandise, for the price of thirty dollars or upward, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part payment, or that some note or memorandum in writing of the said bargain be made and signed by the parties, to be charged by such contract, or their agents thereuto lawfully authorized. Limitation of Actions. ALL actions of trespass, quare clausunmfregit, trespass, detinue, trover and replevin, for taking away of goods and chattels, all actions of debt, founded upon any lending or contract without speciality, or for arrearages of rent due on a parol demise, and all actions of account and upon the case, except actions for slander, and'except also such actions as concern the trade or merchandise between nierchants, their factors, agents, and servants, shall be commenced within six years next after the cause of action accrued. Actions of trespass for assault, menace, battery, wounding, and imprisonment, cr any of them within four years. Every action upon the case for words, within two years next after the words spoken. -~fS 218 SPECIAL LAWS OF NEW JERSEY. Minors married women, and insane persons, may bring these actions within the tiles limited respectively after their disability is removed. Actions of debt, or covenant for rent, or arrearages of rent, founded upon any lease under seal, and actions of debt upon any single or penal bill for the payment of money only, or upon any obligation with condition for the payment of money only, or upon any award under the hands and seals of arbitrators for the payment of money only, shall be brought within sixteen years; but time of infancy, marriagq or insanity, not to be computed. Time of defendant's absence from the state not to be computed. Entry upon lands must be made, and action brought to recover the possessioe of lands must be done, within twenty years. Collection of Debts. ARREST. —It shall not be lawful to arrest or imprison the person of any female, by virtue of any mesne process or process of execution in any civil action. Any person arrested and held in custody in any civil action upon mesne pro. cess or process of execution, or upon an attachment for not performing an award, or surrendered in discharge of bail. shall be discharged from arrest or custldy b"' such officer, if he make out and deliver to the officer making the arrest, or i whose custody he may be, a true and perfect inventory, under oath or affirmation, of all his goods and chattels, rights, credits, lands, tenements, hereditaments, and real estate, and give bond to the plaintiff with sufficient security, being a freeholder or freeholders resident in the county, in double the sum for which he is arrested, conditioned that lie will appear before the next court of common pleas, to be holden in the county where such arrest is made, and petition such court for the benefit of the insolvent laws, &c. And in case of torfeiture by breach of condition, the plaintiff may bring an action thereon, and recover debt, damages, and costs, due from the person anrested, and for which the arrest was made. ATTACHMENT.-If any creditor shall make oath or affirmation before any judge of any of the courts of record of this state, or justice of the peace of any county in the same, that he verily believes that his debtor absconds from his creditors, and is not, to his knowledge or belief, resident in this state at the time, then an attachment shall issue against the rights and credits, moneys and effects, goods and chattels, lands and tenements of such debtor, wheresoever they may be found. And the writ shall bind the property and estate of the defendant, from the time of executing the same. And all conveyances of the property attached, made by the defendant pending the attachment, shall be void as against the plaintiff and the creditors shall become parties to the attachment. Deeds. IF any deed, or conveyance of lands, tenements, or hereditaments, lying and being in this state, heretofore made ard executed, and not already acknowledged or proved according to law, or hereafter to be made and executed, shall be acknowledged by the party or parties who shall have executed it, the officer having first made known the contents thereof to the person making such acknowledgment, and being also satisfied that such person is the grantor mentioned in said deed, of all which the said officer shall make his certificate, or if it be proved by one or more of the subscribing witnesses to it, that such party or parties signed, sealed, and delivered the same as his, her, or their voluntary act and deed, before the chancellor of this state, or one of the justices of the supreme court of this state, or one of the masters in chancery, or one of the judges of any of the courts of com. mon pleas of this state, and if a certificate of such acknowledgiment or proof, shall be written upon or under the said deed or conveyance, and be signed by tle person before whom it was made, then every such deed or conveyance, so acknowlledged, or proved and certified, shall be received as evidence in any court of this state SPECIAL LAWS OF NEW JERSEY 239 Acknowledgment or proof may be made before a judge of the court of common pleas for any county, whether the lands are situate in said county, or elsewhere i. the state. After deeds have been thus acknowledged, or proved and certified, they may be recorded in the office of the clerk of the court of common pleas, of the county in which such lands are situate. No estate of afemme covert, in any lands, tenements, or hereditaments, lying anl being in this state, shall hereafter pass by her deed or conveyance without a previous acknowledgment made by her on a private examination, apart from her husband, before one of the officers aforesaid, that she signed, sealed, and delivered the same as her voluntary act and deed, freely without any fear, threats, or compulsion, of her husband, and a certificate thereof, written on or under the said deed or conveyance, and signed by the officer before whom it was made: and further, that every deed or conveyance so executed and acknowledged by afemme covert, and certified as aforesaid, shall release and bar her right of dower, and be good and effectual to convey the lands, tenements, hereditaments, thereby intended to be conveyed: provided, that this clause shall not be construed to enable any femme covert, under the age of twenty-one years, to convey lands, tenements, hereditaments, or any right of dower, interest, or estate therein. If the grantor reside in some other of the United States, or territory, or District of Columbia, such acknowledgment or proof may be made before the chief justice of the United States, or an associate justice of the supreme court of the United States, or district judge of the same, or any judge or justice of the supreme or superior court of any state in the Union, or territory thereof, or in the District of Co lumbia, or judge of any district or circuit court, or chancellor, of any of the United States, or before any mayor, or any other chief magistrate of any city in such state, district, or territory, duly certified under the seal of such city, or before a judge of any court of common pleas, of the state, district, or territory, in which such party or witnesses may be; provided, that where the acknowledgment or proof is made before a judge of a court of common pleas, in such state, district, or territory, a certificate under the great seal of the state, or under the seal of the county court in which it is made that he is such officer, shall be deemed sufficient evidence of his authority for that purpose, and be annexed to, and recorded with such deed, acknowledgment, or proof. When made by a party residing in a foreign state, kingdom, nation, or colony, if lmade before any court of law, or mayor, or other chief magistrate of any city, borough, or corporation, of the said foreign kingdom, &c., certified by the said court, mayor, or chief' magistrate, in the manner such acts are usually authenticated by them or him, it shall be as valid as if made before a justice of the supreme court of this state. The above two sections comprehend acknowledgments of deeds or conveyances made by married women residing out of this state in any part of the Union, or in a foreign country. Form of Acknowledgment. State of New Jersey, ) County of Essex, ss. Town of Rahway,) On this first day of October, one thousand eight hundred and fifty, before me personally came JOHN DOE and SUSAN his wife, to me known to be the persons described in and who executed the foregoing conveyance; and, having first made known to them the contents thereof, they acknowledged that they executed the same, and the said SUSAN, on a private examination, apart from her husband, acknowledred that she sig ned, sealed, and delivered the same as her volntnary act and deed, freely, and without any fear, threats, or compulsion of her htshband. JOHN JONES, Justice of the Supreme Court. Where there is no wife, the part referring to her should be omitted. Deeds should be SEALED; a scrawl with the pen has been held valid in place of a seal. 220 SPECIAL LAWS OF NEW JERSEY. Rights of Married Women. IT shall be lawful for any married woman, by herself, and in her name, cr in the name of any third person, with his assent, as her trustee, to cause to be insired, for her sole use, the life of her husband for any definite period, or for the term of his natural life; and in case of her surviving her husband, the sum or net amount of the insurance becoming due and payable by the terms of the insurance shall be payable to her, to and for her own use, free from the claims of the representatives of her husband or his creditors; but such exemption shall not apply where the amount of premium annually paid shall exceed one hundred dollars. In case of the death of the wife before the decease of the husband, the amount of the insurance may be made payable, after the death, to her children, for their use, and their guardian, if under age. DowER.-The widow, whether alien or not, of any person, shall be endowed, for the term of her natural life, of the one full and equal third part of all the lands, tenements, and other real estate, whereof her husband, or any other to his use, was seized of an estate of inheritance at any time during the coverture, to which she shall not have relinquished her right of dower, by deed executed and acknowledged in the manner prescribed by law for that purpose. Rate of Interest. THE legal rate of interest is six per cent., and contracts for a higher rate are void. Persons taking a higher rate shall forfeit the whole value of the subjecttmatter of the contract-one half to the state, one half to the prosecutor. The legal rate is seven per cent. in Hudson and Essex counties and the city of Paterson, if one or both the contracting parties reside therein. Wills. ALL last wills and testaments of persons dying after March 7, 1850, shall be in writing, and shall be signed, or acknowledged to have been signed, by the testator, and declared to be his or her last will, in the presence of at least two credible witnesses present at the same time, who shall subscribe their names thereto as witnesses in the presence of the testator; and no will or testament of personal estate, made after this act shall take effect, by a person within the age of twenty-one years, shall be good or effectual in law. Homestead Exemption..1. In addition to the property now exempt from sale under execution, there shall be exempt by-law from sale or execution for debts hereafter contracted, the lot and buildings thereon occupied as a residence and owned by the debtor, being a householder and having a family, to the value of one thousand dollars; such exemption shall continue after the death of such householder for the benefit of the widow and family, some or one of them continuing to occupy such homestead, until the youngest child shall become twenty-one years of age, and until the death of the widow; and no release or waiver of such exemption shall be valid. A notice of the design to hold the property as a homestead must be executed and re corded with the clerk of the county where the property is situated, and published onet a week for six weeks in a newspaper published in the county, or in the newspaper published nearest the same; but no property shall by virtue of this act be exempt from sale, for non-payment of taxes or assessments, or for any labor done thereon, or materials furnished therefor, or for a debt contracted for the purchase thereof, or prior to the recording of the aforesaid deed of notice. The act provides for the sale or division of the homestead on execlution, when its value exceeds one thousand dollars, by six appraisers. 7. And be it enacted, That in case any lot and buildings have been declared according to the provisions of this act, a homestead, it shall be reserved as such foi the use of the family, and shall not be sold, aliened, or encumbered by the owner thereof, nor leased for a longer term than one year; and any such sale, alienation, encunbrance, or leasing shall be void, unless the same be made with the full consent of the wie or husband of said owner (if he or she have any), by deed duly acknowledged, and unless the consideration paid for the same be its full, fair value, and the same, or one thousand dollars thereof shall be actually invested in the purchase of other lands and buildings, declared to be a homestead in the manner herein provided, and the title of such purchaser his.t.! not be good until such purchase-money s so invested, anld nlso exerpt in cases whe'rlen seuch louseholder has lnenoved out of thl state; nor 6lill Mny homestead be rente. ait or leased for any time witho:,ut the Consent a' the wile of the ownerl.. e,~ lr i dPECIAL LAWS OF1 PENNSYLVANIA. 22i PENNSYLVANIA. Constitution adopted 1838.-Square Miles 46,000-Population in 1850,,:31l,204. Exemptions. By a law that took effect July 4th, 1849, it was enacted that, in lieu of the property then exempt by law from levy and sale on execution, issued upon any judgment obtained upon contract und distress for rent, property to the value of three hundred dollars ($300) exclusive of all wearing apparel of the defendant and his family, and all. s.... bibles and school-books in use in the family (which shall remain exempt as heretofore), and no more, owned by or in the possession of any debtor, shall be exempt from levy and sale on execution or distress for rent. Mechanics' Lien. EVERY building erected within the counties of Allegany, Armstrong, Beaver, Bedford, Berks, uacks, Butler, Cambria, Centre, Chester, Clearfield, Columbia, Crawford, (umberland, Dauphin, Delaware, Erie, Franklin, Huntingdon, Indiana, Juniata, Lancaster, Lebanon. Luzerne, Lycoming, Mercer, Mifflin, Montgomery, Northumberland, Perry, Philadelphia, Schuylkill, Somerset, Susquehannah, Tioga, Union, Venango, Warren, Washington, York, and the boroughs of Easton, Lehigh, Bradford, Monroe, Greene, Clinton, Carion, M'Kean, Wayne, Fayette, Potter, Jefferson, and Northampton, shall be subject to a lien for the payment of all debts contracted for work done, or materials furnished for the same; extending also to the ground necessary for the ordinary and usual purposes of the building. Extended to Carbon county. This lien shall be preferred to every other lien attaching subsequent to the commencenent of such building. A statement of the demand must he filed in the office cf the prothonotary of the court of common pleas of the county where the building is situate. Unless such statement be filed, lien shall not continue for more than six months. Lien expires at the end of five years from the day of filing the statement, un. less renewed by scire facias. The furnishers of labor and materials, in many of the counties, have a lien for six months after the work is done or the material furnished. This lien may be extended to five years by filing the cla'm in the proper office, and by proper legal process until satisfied. The improvements machinery, and fixtures, erected by tenants of coal-leases on lands of others, inthe county of Schuylkill, are subject to a lien in favor of mechanics and material-men doing work and furnishing materials therefor; provided that the lien hereby created, shall extend only to the interest of the tenant therein 19J* j~ 7n.....N E "-V,'W""'N 0^1~~~~~0 20 3A - oT rford'RusseUsvie o E K E e sM^C TE o _ j ollckd Spri elc T etstme4 px IWA N C 1. I I/e ai I A1 ey o mec g^^ ^ ^^Ji,-i VJN Nn t;o: ITvr:', ippery 0awrnce u Sa e ra /^ -^^ ^ yEFFERSoNicle2'lIea&eL RE\lNCE i T * rrsCilue )~w'ns B ARM RONF NJ4~ * *nGeJ~r ~: atipsdur! N T 0!BEA ER^ ^; p 3 eorg \ rnsie B ofsrg 5 I siI n / / L F' - l'~e' y,;s EA C bgWAS H 1 NGTO \^1osjz^'o Ag C isg ne D1:a.O %poeSone sTt 7 T2J B E F Wo tf t>'p B.Er F A Y E T Ei i.Be"oro R D/Harn --._'_/_" *7"._._." ~.""'._ "" "r""T'g h.'' 3 n2 West front'Washingon 1 _ 222 222 7 rW r W -M',l 0 1 2 I I.`LVANlA 0 40 50 GOMiles im1 6 nce. thens' i r..,Ben. i j J~ato^ I B R A FO R D 6 ndsF. L Y e, _ eLapote, ezer o,^I p 1 I 0 GA oTr CentreV.t ~bo'n~o~b~ i iS I QUE ANN e,.'_0U' s J zowlsin D f A Y N anioan — eiiany s 1 5 U \1NP'' c t| a,|r W.4, *'^ ~eo re'~~ " \" -/"cun', SULLIVAN'L —— "V etve O. fMcEwe& 4OWaL 7 0 \ DVi eileiotCe _wB aporter Ube I R E / )11T r;-.i e e, --- ON LI Z E N'' D-e LIi IttsbG- sbararb PTON ^ —- ^ ~' ~ ~',,, r~~-~~ ^~-1 T ~ ~ ~~~~~~~~~~~:r-~1W a sI NIm G y N ist JBIAs u \ aven - CASTEM4 Nl' * ucas -t b v $ _ = -. t WIo a. LEN Gts uxg- 5k e~o eury c.'a Ets from W'. hingto'& 1. 223 e z \F~~_m~22' 224 SPECIAL LAWS OF PENNSYLVANIA. Law regulating Contracts. ALL leases, and estates, and interests in lands, except leases for three years, must be in writing, and signed by the parties so 6naking or creating the same, or their agents thereunto lawfully authorized by writing, or they will have the effect of leases at will only. No action shall be brought whereby to charge any executor or administrator, upon any promise to answer damages out of his own estate, or whereby to charge the defendant upon any special promise, to answer for the debt or default of another; or to charge any person upon any agreement made upon consideration of marriage; or upon any contract for the sale of lands, tenements, or hereditaments, or any interest in or concerning them; or upon any agreement that is not to be performed within the space of one year fr-om the making thereof; unless the agreement upon which such action shall be brought, or somen memorandum or note thereof shall be in writing and signed by the party to be charged therewith, or some other person by him authorized. No contract for the sale of any goods, wares, or merchandise, for the price of thirty-five dollars or upward. shall be allowed to be good, unless the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part payment, or unless some note or memorandum in writing, of the said bargain, shall be made and signed by the parties to be charged by such contract, or by their agents, thereunto lawfully authorized. No person or company engaged in the business of forwarding, or transporting goods, wares, and merchandise, shall be made liable in any proceedings in attachment as garnishee or otherwise, when such goods, wares, or merchandise, are in transitu, and at the time of service of process beyond the limits of this commonwealth, without default, collusion, or fraud, on the part of such person or company. Limitation of Actions. ENTRY can not be made into lands after twenty-one years after the right accrued, nor any suit brought to recover possession. Infants, married women, and persons imprisoned, have ten years after their disability is removed. All actions upon the case, other than for slander; actions of account (other than such accounts as concern the trade of merchandise between merchants, their factors and servants); actions of debt founded upon any lending or contract without specialty; for arrearages of rent, except the proprietaries' quit-rents; actions of detinue and replevin for goods and chattels; actions of trespass, quare clausum fregit, must be brought within six years after the cause of action accrued. Actions of trespass, of assault, menace, battery, wounding, imprisonment, or any of them, must be brought within two years. Actions upon the case for words, within one year next after words spoken. Persons entitled to recover damage for any injury causing death, shall be the husband, widow, children, or parents, of the deceased, and no other relative. The action shall be brought within one year after the death, and not thereafter. Infants, married women, persons imprisoned or out of the United States, may bring the above actions within the times respectively limited after their disability is removed. Collection of Debts. ARREST.-Arrest is abolished, except in proceeding as for contempt to enforce elvR remedies; action for fines or penalties, or on promises to marry; on moneyacollected by any public officer, or for any misconduct or neglect in office or in any professional employment. But yet, in other cases, if the party is about to remove any of his property out of the jurisdiction of the court in which such suit is brought with intent to defraud his creditors, or has property which he fraudulently conceals, or has rights in action or some interest in any public or corporate stock, money, or evidence of debt, which he unjustly refuses to apply to the payment of any judgment which shall have been rendered against him; or has assigned, removed, or disposed of, or is about to dispose of, any of his property, with the intent to defraud his creditors; or has fraudulently contracted the debt or incurred the obligation respecting which suit is brought, he may be arrested. ATTACHIMENT.-Property of defendant may be attached when he is about to remove any of it from the county with intent to defraud his creditors, or has assigned, disposed of. or secreted, or Is about to assign, dispose of, or secrete, any of it, with the like fraudulent intent; and also if the debtor, being aninhabitant of the state, shall have absconded from the place of his usual abode, or shall have remained absent from this commonwealth, or shall have confined himself in his own house, or concealed himself elsewhere, with design to defraud his creditors; and, if not an inhabitant, shall confine or conceal himself within the county, with intent to avoid the service of process, and to defraud his creditors. 8SPECIAL LAWS OF PENNSYLVANIA. 2.25 Deeds. ALL deeds and conveynnces of lands, tenements, or hereditaments, shall be acknowl. edged by one of the grantors, or proved by one of the subscribing witnesses, before one of the judges of the supreme court, or alderman of a city, or before ajustice of the peace, or one of the justices of the court of common pleas, of the county where the lands lie, and shall be recorded in the office for recording of deeds in the county where such lands lie, within six months after the execution of such deeds. Acknowledgment by husband and wife must be made before one of the judges of the supreme court, or alderman of a city, or a justice of the peace, or justice of the county court of common pleas, of and for the county where such lands lie, who shall examine the wife separate and apart from her husband, and shall read or otherwise make known the full contents of such deed c- conveyance to the said wife; and if, upon such separate examination, she shall declare that she did, voluntarily and of her own free will and accord, seal, and as her act and deed deliver, the said deed or conveyance, without any coercion or compulsion of her said husband, the conveyance shall be valid. The mayor and recorder of Philadelphia may take proof and acknowledgment of deeds; and, in other states, commissioners of deeds appointed by the governor of uennJlvania. A scrawl of the pen is recognised as a seal. Two witnesses are necessary. Form of Acknowledgment. Commonwealth of Pennsylvania, 31 County of Philadelphia. I Be it remembered that on this tenth day of April, A. D. one thousand eight hundred ane fifty-one, before me the subscriber, a justice of the peace of - [or, judge of, 4-c., or onf of the aldermen of the city of -] personally appeared JOHN DOE, the grantor in the foregoing indenture, deed, or conveyance, named and in due form of law acknowledged the said indenture to be his act and deed, and desired that the same as such, might be recorded according to law. In testimony whereof I have hereunto set my hand atil seal the day and year last abovenamed. JOHN JONES, (seal.) Justice of the Peach, or Judge, or Alderman, as the case may be The Form when the Wifejoins with the Husband. Comn. of Penn., county of Berks, ss. Be it remembered that on this tenth day of May, A. D., 185-, before me the subscriber, ajustice 4c. [or judge, or alderman, as above] oi the county aforesaid, personally appeared JOHN ROE and SUSAN ROE his wife, grantors in the above indenture, deed, or conveyance, named, and in due form of law severally acknowledged the foregoing indenture, deed, or conveyance, to be their act and deed, and desired that the same, as such, might be recorded according to law. She, the said SUSAN ROE being of full age, separate and apart from her said husband, by me thereon privately examined, and the full contents thereof being by me first made knowt to her, did declare and say, that she did, voluntarily, and of her own free will and accord, sign, seal, and as her own act and deed, deliver the foregoing indenture, deed, or convey ance, without any coercion or compulsion of her said husband. In testimony, &c. JOHN JONES, Justice, 4fc. (Seal.) Rights of Married Women. EvEnY species and description of property, whether consisting of real, personal, or mixed, which may be owned by or belong to any single woman, shall continue to be the property of such woman as fully after her marriage as before; and all such property, of whatever name or kind, which shall accrue to any married woman during coverture by will, descent, deed of conveyance, or otherwise, shall be owned, used, and enjoyed, by such married woman, as her own separate property; and the said proper. ty, whether owned by her before marriage, or which shall accrue to her afterward, shall not be subject to levy and execution for the debts or liabilities of her husband, nor shall such property be sold, conveyed, mortgaged, transferred, or in any manner encumbered, by her husband, without her written consent, first had and obtained, and duly acknowledged before one of the judges of the courts of common pleas of this commonwealth, that such consent was not the result of coercion on the part of her said hus. )and, but that the same was voluntarily given and of her own free will: provided that her said husband shall not be liable tor the debts of the wife contracted before marriage; provided that nothing in this act shall be construed to protect the property of any such married woman from liability for debts contracted by herself, or in her name by any person authorized so to do, or from levy and execution on any judgment that may be recovered against a husband for the wrongs of the wife, and in such cases execution shall he first had against the property of the wife. 226 SPECIAL LAWS OF PENNSYLVANIA. Any married woman may dispose, by her last will and testament, of her separate property, real, personal, or mixed, whether the same accrues to her before or during coverture: provided that said last will and testament be executed in the presence of two or more witnesses, neither of whom shall be her husband. In all cases where debts may be contracted for necessaries for the support and maintenance of the family of any married woman, it shall be lawful for the creditor in such case to institute suit against the husband and wife for the price of such necessaries, and, after obtaining a judgment, have an execution against the husband alone; and if no property of the said husband be found, the officer executing the said writ shall so return, and thereupon an alias execution may be issued, which may be levied upon and satisfied out of the separate property of the wife, secured to her under the provisions of the first section of this act: provided that judgment shall not be rendered against the wife in such joint action unless it shall tave been proved that the debt sued for in such action was contracted by the wife, or incurred for articles necessary for the support of the family of the said husband and wife. Act of1855.-The power of any married woman to bequeath or devise her property by will, shall be restricted, as regards the husband, to the same extent as the husband's power so to dispose of his property is restricted as regards the wife, namely, so that any surviving husband may, against her will, elect to take such share and interest in her real and personal estate as she can when surviving elect to take against his will in his estate, or otherwise to take only her real estate as tenant by the courtesy; provided, that nothing herein contained shall affect the right or power of the wife, by virtue of any authority or appointment contained in any will or deed, to grant, bequeath, and devise, as heretofore, any property held in trust for her sole and separate use. Whensoever any husband, from drunkenness, profligacy, or other cause, shall neglect or refuse to provide for his wife, or shall desert her, she shall have all the rights and privileges secured to a femme sole trader, under the act of February 22, 1818, and be subject as therein provided, and her property, real and personal, howsoever acquired, shall be subject to her free and absolute disposal during life, or by will, without any liability to be interfered with or obtained by such husband, and in case of her intestacy shall go to her next of kin, as if he were previously dead. Whensoever any husband, or father, from drunkenness, profligacy, or other cause, shall neglect or refuse to provide for his child or children, the mother of such children shall have all the rights, and be entitled to claim, and be subject to all the duties reciprocally due between a father and his children, and she may place them at employment and receive their earnings, or bind them to apprenticeship, without the interference ofsuch husband, the same as the father can now do by law. Rate of Interest. THE legal rate of interest is six per cent. Usurious interest can not be recovered; and if paid, may be recovered back; but usury does not render the entire contract void. When any railroad or canal company has borrowed money, and given a bond or other evidence of indebtedness in a larger sum than the amount actually received, such transactions shall not be deemed usurious. Wills. WILLS must be.in writing; and, unless the person making the same shall be prevented by the extremity of his last sickness, shall be signed by him at the end thereof, or by some person in his presence and by his express direction, and in all cases shall be proved by the oaths or affirmations of two or more competent witnesses. SPECIAL LAWS OF DELAWARE. 227 DELAWARE. COntttution adopted, 1831.-Square Miles, 2,100.-Population in 1850, 91,47. Law regulating Contracts. ALL promises and assumptions whereby any pernso shall undertake to answer or pay for the default, debt, or miscarriage, of anotler, any sum under five dollars, being proved by the oath or affirmation of the person or persons to whom such promise and assumption shall be made, are hereby declared to be good and available in law to charge the party or parties making such promise or assumf)tion. No action shall be brought whereby to charge any executor or administrator, upon any special promise, to answer damages out of his own estate; or whereby to charge any defendant, upon any special promise, to answer for the debt, default or miscarriage of another person, of the value of five doiu lars and not exceeding twenty-five dollars, unless such promise and assumption shall be proved by the oath or affirmation of one credible witness, or some memorandum or note in writing shall be signed by the party to be charged therewith. No action shall be brought whereby to charge any person or persons upon any agreement made upon considerations of marriage, or upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them, or upon any agreement that is not to be performed within the space of one year from the making thereof; or to charge any person or persons whereby to answer for the debt, default, or miscarriage, of another, in any sum of the value of twenty-five dollars, and upward, unless the same shall be reduced to writing or some memorandum or note thereof shall be signed by the party or parties to be charged therewith, or some other person thereunto by him or them lawfully authorized, except for goods, wares, and merchandise, sold and delivered, and other items which be and are properly chargeable in an account,* in which case the oath or affirmation of the plaintiff, together with a book regularly and fairly kept, shall be allowed in all cases to be given in evidence, in order to charge the defendant or defendants with the sum or sums therein contained. Limitation of Actions. ACTIONS for recovery of lands must be brought and entry made within twenty years next after tha right of action accrued. Infants, married women, non-compos-mentis, or a prisoner, may within ten years next after the removal of their disability. No action of trespass, replevin, detinue, debt not founded upon a record or spe cialty, of account, of assumpsit, upon the case, shall be brought after the expiration of three years from the accruing of the cause of action. In case of mutual and, running account, limitation not to begin while the account continues open and current. * Items of cash are not properly chargeable in account. Smith vs. M'Beath: Kent's Cora Pleas, Nov. term, 1814. Pll o enne qa 0 Wooany o x E Poe f w. CIhestea 0iZD i~ ~ EL T 1 1 - 1 re %I'wl Ge e t_ __ __ | d^,. I 1^ 1 ) (115 2 < Warwv~u0,~7 "co w^^\ \ ^^/' ^ DOVEH.^ ^ ^ l\^)j~~f s ^^ ^ _ etvisvile oCa 7 eae}ca \ I_ _ __J^^^^ l -/, ^i-...L.i ki Rea N a -/' leaforAd f 0 S 0 ~o^ ^^enna ^, ^^ ^ ^ ^^ ^^ -^E l ~ ~ ~ ^. ~_ o ce~~~ea~t._,~~ 230 SPECIAL LAWS OF DELAWARE. Wthen the action arises from a promissory note, bill of exchange, or an ac. knowledgment under the band of the party, of a subsisting demand, the action may be commenced at any time within six years. Those under the disability of infancy, coverture, or incompetency of mind, to have three years a;ter the removal of such incompetency. The time the defendant is out of the state, to be deducted; and in every such case, one year after his return to be allowed, when the cause of action arises in this state. Exemptions. THE following goods and chattels, the property of the white citizens of this state, are exempt from execution process, and distress for rent, to wit: the necessary wearing apparel of the debtor, and of his wife and children, one bedstead, bed, and the necessary bedding for every two persons of the family, one iron stove used for warming the dwelling house, and fuel not exceeding the value of five dollars, procured and designed for the use of the family; the bibles, and school-books, used in the family; one cow, one swine and one ton of hay; the library and tools or implements of the debtor necessary for carrying on his profession, trade or business, not exceeding fifty dollars in value; rights of burial and tombs while in use as repositories for the dead; other household furniture necessary for the debtor and his family not exceeding twenty-five dollars in value; Provided, that the value of the whole of the articles thus exempted shall not exceed one hundred dollars, and provided further, that if the debtor shall not at the time of the execution of the said process, be in possession of all, or any of the above specified articles, then any other property which he shall have in his possession amounting in value to one hundred dollars, shall be exempt as aforesaid, except in every case for taxes due in either of the counties of this state, or in the city of Wilmington, which said articles and the value thereof shall be ascertained by two substantial citizens of the county whereof the debtor is an inhabitant, to be appointed and to be sworn or affirmed faithfully and justly to fulfil the duties of said appointment by any justice of the peace, constable, or sheriff of the said county. This act shall not in any wise invalidate debts or contracts made previous to the fourth day of July, A. D. one thousand eight hundred and fifty-one, and that all acts and parts of acts inconsistent herewith, be and the same are hereby repealed. Collection of Debts. ARREST.-No free white citizen may be arrested, except upon oath that tho defendant is justly indebted in a sum exceeding five dollars, and verily believes that defendant has secreted, conveyed away, assigned, settled, or disposed of, either money, goods, chattels, stocks, securities for money, or other real or personal estate, of the value of more than twenty-five dollars, with intent to defraud his creditors, and specify and set forth the supposed fraudulent transactions. ATTACHMENT.-Attachment may issue against an inhabitant of the state upon an affidavit that the defendant is justly indebted to the plaintiff in the sum of fifty dollars, and has absconded from the place of his usual abode, or is gone out of the state, with intent to deceive or defraud his creditors, or to elude process, as it is believed. The above is called " domestic attachment." There is another writ which is known as a "foreign attachment," and which issues against anon-resident upon the oath of the plaintiff, or of some credible person for him, that the defendant resides out of the state, and is justly indebted to him in the sum of fifty dollars and upward. 8PECIAL LAWS OF DELAWARE. 231 Deeds. DEEDS may be acknowledged in any county by any party to the same, in the superior court or before the chancellor or any judge of the said court, or before two justices of the peace for the same county, or before a notary public. Deeds of a married woman, to which her husband is also a party, shall be valid if she, upon private examination apart from her husband, acknowledges that she executed said deed willingly, without compulsion or threats, or fear of her hus. band's displeasure. Such private examination may be taken in any county before the chancellor, any judge, or two justices of the peace for the same county, or before a notary public. Slch acknowledgment to.be certified under the hand and seal of the clerk of the court in which, or under the hand of the chanceor, judge, or justices of the peace, or under the hand and notarial seal of the notary, before whom, it is taken In a certificate endorsed upon or annexed to the deed. If the party be out of the state, the acknowledgment, or private examination, may be made before the judge of any district court of the United States, or before the chancellor or any judge of a court of record in any state, territory, or country, or before 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 sourt, city, or borough, by certificate endorsed upon, or annexed to the deed; or such acknowledgment and examination may be made before any commissioner duly authorized by the governor of this state, and certified under his hand and seal. Deeds must be recorded in the office for recording deeds in the county where the lands lie. There should be two witnesses. A scrawl of the pen may be used for a seal The form of acknowledgment is the same as in PENNSYLVANIA, by adding "or fear of her husband's displeasure." Rate of Interest THE legal rate is six per cent. Whoever exacts more, is liable to forfeit the whole debt-one half to the state, and one half to the prosecutor. Wills. WILLS must be in writing, and signed by the testator, or by some other person subscribing the testator's name, in his presence and by his express direction, and attested and subscribed by two competent witnesses, in the presence of the tea tator. Rights of Married Women. DOWER.-A widow shall have a third part of all the lands and tenements whereof her husband was seized at any time during the marriage, unless she shall have relinquished her right therein by her own voluntary act. 51 If Ajy A L I etPi(tl~ ( \ 11O Y 5t su1 /FR mptetsbwa t - IT: -.," S{L r'..."o 1- /1 CPool t —t,,i E~e ONL Simpo nnviofcde Wes from,Bi~alena232Aex DISTRICT 0 Capitol 10 ff~A RR Lffe/_li A,\,."-T?''e-5 Ac \ Kes%'e I AM T 4 41 -I -rcr. r tyr = roki e sv I hsni * -_ _ _ -; - J!7ia2,'?-a/ i )eoo _0_ T0 OT. Qs5-4, ~i~'Mnc, e.. riyg~ - - toaeobw l aCeLrgr R I N2 23 0=..........', i ar, Con eCH "R Y ---- L= g, i, 1 —s _ ~ _ {-,2!7fi~E 01 G cwol?3:_m~______ o~i'I P.to ___ _ 20'Q 233 20 233~~~~~~~~v ~gIRfi~9E 234 SPECIAL LAWS OF MARYLAND. MARYLAND. Constitution adopted, 1851.-Square Miles, 13,959.-Population in 1850, 582,922. Exemptions. C-=-= —- =........ No real estate hereafter acquired by marriage shall be liable to executions during the life of the wife, for debts due from the husband. Corn for necessary maintenance, bedding, gun, axe, pot, and -".:-'.' - laborers' necessary tools, and such like household ilnplemens, g.ii and ammunition, for subsistence, are also exempt. Slaves of the wife (acquired either before or after marriage), i - and also her earnings not exceeding one thousand dollars, may "' S H"-'be held for her own use, and exempted from liability for her husband's debts..: From and after the first day of July, 1852. the wages or hire.- of any laborer or other employee in the hands of the employer, w hen such wages or hire shall not exceed the sum of ten dolt - lars, and when the amount of such wages or hire shall exceed the said sum, then ten dollars of the amount of such wages or hire, shall be exempted from attachment, whether on warrant or on judgment. Mechanics' Lien. MECHANICS' liens have been enacted for all the counties on the western shore of the Chesapeake bay, except St. Mary's, Montgomery, and Charles, and for Cecil county on the eastern shore, but they have been altered so often, and the several enactments are so conflicting, that it is impossible to give a reliable abstract of what is required to make them available. Chattel Mortgages. CHATTEL mortgages must be in writing, and acknowledged before a justice of the county where the mortgager resides, and the affidavit of the mortgagee or grantee sworn to before the judge, or justice or justices, must be endorsed thereon that the consideration as therein set forth is true and boesa fide, and be recorded within twenty days in the records of the county. Where the amount conveyed is over two hundred dollars they must be stamped (fee $1.00) which must be receipted for on the deed. Limitation of Actions. ACTIONS of trespass quare clauszsn fregit, trespass, detinue, sur-trover, replevin for kqking away goods or chattels, account, contract, debt, book-debt, or upon the case, other than such accounts as concern the trade or merchandise between merchants, their fac tors find servants. non-residents, debt for lending, contract without speciality, and debt for arrearages of rent, must be brought within three years. Actions on the case for words, trespass of assault, battery, wounding, and imprison. ment. must be brought within one year. Actions on administration and testamentary bonds shall be commenced within twelve years after the framing such bonds. No speciality can be pleadable after the principal debtor and creditor have both been dead twelve years, or the debt is above twelve years standing. No person absenting himself from the state, or re.moving from county to county, after any debt contracted, so that his creditors can not with certainty find his person or effects, shall have any benefit of such limitations. No person absent at the time the cause of action accrues shall have any benefit of the law. Infants, married women, persons non-compos-mentis, imprisoned, or beyond soaa have the same time after their disability is removed. Collection of Debts. ATTACHMENT. -Any person, having obtained a judgment, may take out an attach. ment against the lands, tenements, goods, chattels, and credits, of the defendant. Any creditor, making affidavit that the debtor is indebted to him in a certain sum named, and producing the evidences thereof or accounts, and that he doth know or is SPECIAL LAW>,, MARYLAND. 235 enadibly informed, and verily believes, that the debtor is not a citizen of this state, and doth not reside therein, or that the debtor is actually run away or fled from justice, or removed from his place of abode, with intent to injure and defraud his creditors, an attachment may issue against the lands, tenements, goods, chattels, and credits, of the debtor. No person can be imprisoned for debt. Deeds. DEEDS may be acknowledged before any chief or associate judge of a district for lands within the district, or any two justices of the peace within their county. The officer taking the acknowledgment must be satisfied of the identity of the person making it, and return a certificate thereof. They may be acknowledged out of the state before any judge of the United States court, or any judge of a court of record, certified by the judge taking the acknowledgment, under his hand; and the clerk of the court shall certify, under his hand and the seal of the court, that the person taking the acknowledgment is a judge of said court, duly commissioned and qualified, at the time of taking the acknowledgment. In the case of a married women, her estate will not be conveyed, nor her dower barred, unless the officer taking the acknowledgment shall examine her, out of thepresence and hearing of her husband, whether she doth execute and acknowledge the same freely and voluntarily, and without being induced to do so by fear or threats of or ill usage by her husband, or by fear of his displeasure; and unless the femme covert shall sign and seal such deed before such officer, out of the presence and hearing of her husband, and certificate be made upon or annexed to the deed, under his or their hands, of such private examination, execution, and acknowledgment Consuls and vice-consuls of the United States, duly appointed and recognised, may take acknowledgments of persons being in their consulates, and make certificate under their official seals. There must be two witnesses to a deed, and a scrawl of the pen may be used as a seal. Deeds must be stamped. Form of Acknowledgment. State of Maryland, at: Prince George's Co. st Be it remembered and it is hereby certified, that on this first day of May, in the year eighteen hundred and Jifty-one, before the subscribers, two justices of the peace, of the state of Maryland, in and for Prince George's county aforesaid, personally appeared JOHN DOE and SUSAN DOE his wife, they being known to us [or " they being satisfactorily proven by oral testimony under oath, received by us," as the case may be], to be the persons who are named and described as, and professing to be, the parties to the foregoing deed or indenture, and do severally acknowledge the said indenture or instrument of writing, to be the their respective act and deed; the said SUSAN DOE signed and sealed said indenture befre e s, out of the presence and hearing of her husband: and the said SUSAN DOE being by us examined, out of the presence andl hearing of her said husband, i whether she doth execute and acknowledge the same, freely and voluntarily, and witheout being indzuced to do so by fear or threats of. or ill-usage by her husband, or by fear of his displeasure," declareth and saith, that she doth. In testimony whereof, we hereunto subscribe our names, on the day and year aforesaid. (Seals.) JOHN JONES. Justice of the Peace. JAMEs SMITH, Justice of the Peace. Rights of Married Women. THE property, real and personal, belonging to a woman at the time of her marl'iaso, and al'i property which she may acquire or receive after her marriage, by parchase, ii'l:, grlant, devise, bequest, or in a course of distribution, shall be prote-cted, frolm the dellts of the husband, and not in any way be liable for the payment thereof; provided, that iso tlcqu-iition of property passing to the wife from her husband after coverture, shall! le vlidl, it the same has been made or granted to her in prejudice of the rights of his Situsistins creditors. In order to effect the above objects, the wife shall have the benefits of all such remedies for her relief and security as now exist or may be devised in the courts of law or equity in the state. It shall not hereafter be necessary to interpose a trustee in order to secure to a mar rind woman the sole and separate use of her property. All contracts made between persons in contemplation of marriage, shall remain in full -ce after such marriage shall take place. 236 SPECIAL LAWS uif MARYLAND. Rate of Interest. THE legal rate is six per cent. In contracts where more is taken, only the excess of interest over the legal rate is void. Wills. WILLS shall be in writing, and signed by the party making them, or by some other person in his presence and by his express directions, and shall be attested and subscribed, in the presence of the testator, by three or four credible witnesses. Every, devise of land, or any estate therein, or bequest of personal estate, to the wife of the testator, shall be construed to be intended in bar of her dower in lands, or share of the personal estate respectively, unless it be otherwise expressed in the will. Awife may make a will and give all her property, or any part thereof, to her husban d or any one other person, with the consent of the husband subscribed to said will. Provided the wife shall have been privately examined by witnesses to said will, apart and out of the presence and hearing of her husband, &c. (in the same manner as provided in deeds), and provided also said will be made sixty days before the death of the testatrix. SPECIAL LAWS OF VIRGINIA. 237 VIRGINIA. Constitution adopted 1851.-Square Miles, 61,352.-Population in 1850, 1,421,061. Exemptions. No growing crop of any kind, not severed, shall be liable to distress or levy, except Indian corn, which may be taken at any time after the fifteenth of October i in any year In case of a husband or parent, there shall be exempted from such distress or levy the following articles, or so much or so many thereof as the party may have: One cow; one bedstead, with a bed and necessary bedding for the same; six chairs, one table, six knives and six forks, six plates, two dishes, two basins, one pot, one oven, six pieces of wood or earthen ware, one loom and its appurtenances, one spinning-wheel, one pair of cards, one hoe, and one axe; five barrels of corn; five bushels of wheat, or one barrel of flour; two hundred pounds of bacon or pork; and five dollars in value of forage or hay. And in case of a mechanic, the tools and utensils of his trade, however, not to exceed $25 in value; provided, that no family portraft or engraving shall be subject to distress or levy. Slaves shall not be distrained nor levied upon, without the debtor's consent, where there are other goods and chattels of such debtor sufficient for the purpose, and which it is in his power to take. Mechanics' Lien. IF a person, owning or having an interest in land in a city or town, shall, by a writing signed by him, contract with another to pay him money for erecting or repairing any building or the appurtenances of any building on such land, there shall be a lien for such money on the whole interest of the said person in such land, from the time that the said writing is duly admitted to record in the county or corporation wherein the said land lies. But the said lien shall not be in force more than six months from the time when the money or the last instalment of the money to be paid under such contract shall become payable, unless a suit in equity to enforce the lien shall have been commenced within the said six months. If, in such suit, the lien be established, the court shall order a sale of such interest in the said land, to satisfy the money which ought to be paid under such contract. Law regulating Contracts. No action shall be brought1. To charge any person, upon or by reason of any representation or assurance concerning the character, conduct, credit, ability, trade, or dealings of another, to the intent or purpose that such other may obtain thereby credit, money, or goods; or2. To charge any person, upon a promise made after full age, to pay a debt contracted during infancy; or upon a ratification, after full age, of a promise or simple contract made during infancy; or3. To charge a personal representative, upon a promise, to answer any debt or damages out of his own estate; or4. To charge any person upon a promise, to answer for the debt, default, or misdoings, of another; or zi i~ IAR I HALL!P NI NOTHR PATMj,,,^^'~' BONONG, t~~~~7~z~~~~L nIr Welisb ()\1TY:jMARO/ eaolipolis 9i-~ant^\~ a ^^^'^./ ^/ ^'~s~-44 l> ARRG. / ^;!BtvO \ f\^^3L StI - / b ~ ~ ~ ~ ) 7, 1,*ariy *~ria Q) OHIO ~ ~ ~ ~ ~ ~ ~ NI 3sWh~e~j~o~aw % MRID OT SO EDO NORTHERN PART &OMERY: 39 OF p r R G3(2 3X I o'I \ S Is 37 *'',RKJSSE L4 u~ 2 icampol s I y' 1 A'..~ GRAYQN\~PA r ICI( d T7E N N ES S E N C- T7 0 \ 5 L L A^^ -B fy e T4^ o i~tati j" 38~~~~~~~3 FY G Ft 1 ( ^'9 ^*~ ~ ~ ~~ ~~S' \ftero7'nei^ \\!.^^hisca. f~g \ P ui ^ ~ ~~LG ~B~rh rwo VJ,^ ^- fW~xl, " 7VA tCIABE?N. Las~~IMIV. jq le~~~~~00 MON T N ES E ~ E' p R A Y ATFtI < - TI: 535 238 ~ te~ ~~~~~2 11 ~~~ 01~~~~ ~ 11 ^~' ijR. ~_.;., IA 0l I i HEN1 V A N A CKIN N _iA RI - - _ _' - -' - Et e HERS~ - N _A HEE O4 4eEm~ Cgs~ocj~C R, T. I1m 2^33 w~^~a~i nfff-O n I ~ Olg ____ 1 ___ _ ~tj t~e3:. C~I~)1 LLD 239~ 240 SPECIAL LAWS OF VIRGINIA. 5. Upon any agreement made upon consideration of marriage; or6. Upon any contract for the sale of real estate, or the lease thereof, for more than a year; or7. Upon any agreement that is not to be performed within a yearUnless the promise, contract, agreement, representation, assurance, or ratification, or some memorandum or note thereof, be in writing, and signed by the party to be charged thereby, or his agent; but the consideration'need not be set forth or expressed therein. Limitation of Actions. No person shall make an entry upon, or bring an action to recover any land, but within fifteen years next after the time at which the right to make such entry or to bring such action shall have first accrued to himself or to some person through whom he claims. An infant, married woman, and an insane person, have ten years after the removal of such disability, provided the disability shall not enable the person to bring such action or make such entry after the lapse of thirty years from the time when the right first accrued. Every action to recover money which is founded upon an award, or on any contract other than a judgment or recognisance, shall be brought within the following number of years after the right shall have first accrued, viz.:If the case be upon an indemnifying bond taken under any statute, or upon a bond of an executor, administrator, guardian, curator, committee, sheriff or sergeant, deputy sheriff or sergeant, clerk or deputy-clerk, or any other fiduciary or public officer, within ten years. If it be upon any other contract by writing under seal, within twenty years. If it be upon an award, or be upon a contract by writing, signed by the party to be charged thereby, or by his agent, but not under seal, within five years. And if it be upon any other contract, within five years, unless it be an action for any articles charged in any store account, in which case the action may be brought within two years; or an action by one partner against his copartner for a settlement of the partnership accounts, or upon accounts concerning the trade of merchandise between merchants, their factors or servants, where the action of account would lie; in either of which cases the action may be brought until the expiration of five years from a cessation of the dealings in which they are interested together, but not after. Every personal action, for which no limitation is otherwise prescribed, shall be brought within five years. Every action upon a judgment or decree rendered in any other state or country shall be barred, if; by the laws of such state or country, such action would there be barred. And whether so barred or not, no action can be brought on such judgment against a resident for the ten years last past, which was rendered more than ten years before the commencement of the action. Collection of Debts. ATTACHMENT.-When any suit is instituted for any debt, or for damages for breach of any contract, 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 this 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 sued with a defendant residing therein, the plaintiff may forthwith sue out of the clerk's office an attachment against the estate oc bhe non-resident defendant for the amount so stated. SPECIAL LAWS OF VIRGINIA. 241 Imprisonment for debt does not exist, except in the following instance. If a plainif in any action at law, or suit in chancery, shall by affidavit show to the satisfaction of the court in which his suit is pending, or to any judge or justice of the peace, that he has cause of action or suit against a defendant, and that there is probable cause for believing that the defendant is about to quit the state, unless he be forthwith apprehended, it shall be lawful for such court, judge, or justice, to direct that the defendant be held to bail in such amount as the said court, judge, or justice, may think fit; and thereupon the plaintiff may sue out in such suit a writ of capias ad respondendum, against the defendant, upon the plaintiff's giving bond with security approved by the clerk of the court, in a penalty equal to the amount in which the defendant is directed to be held to bail, payable to the defendant, and conditioned for the payment of all damages which may result by reason of the arrest of the defendant. Under this writ of capias, the defendant may be arrested and committed to jail, unless he give bond and security to the officer making the arrest, in the sum aforesaid, that in case there shall be in such action or suit any judgment, decree, or order, on which a writ of fieri facias might issue, and within four months after such judgment-decree or order, interrogatories be filed with a commissioner of the court under the 5th sec. of chap. 188 of the code, the said defendant will, at the time the commissioner issues a summons to answer such interrogatories, be in the county or corporation in which the commissioner resides, and will within the time prescribed in the summons, make proper answer upon oath to such interrogatories, and make such conveyance and delivery as is required by the said chapter, or in case of failure to file such answers and make such conveyance and delivery, to perform and satisfy the said judgment, decree, or order. The capias may be quashed by the court or by a judge in vacation, if issued upon false suggestions. By a subsequent amendment a defendant may be discharged from custody by a commissioner of the court, or by a judge before judgment, decree, or order upon reasonable notice to the plaintiff, that unless he files his interrogatories he shall apply for his discharge; or the detendant may be discharged when they shall have been filed, and answered by the defendant as above directed, upon like notice, before any judgment, decree, or order. Deeds. A SCROLL, affixed by way of seal, is as valid as a seal. Any deed of trust, mortgage, or other writing, made by a husband or parent to give a lien on property which is exempt from distress or levy, shall be void as to such property. Every deed of gift, of trust, or mortgage, conveying real estate or goods and chattels, shall be void as to creditors and subsequent purchasers for valuable consideration, without notice, until and except from the time that it is duly admitted to record in the county or corporation wherein the property may be. The husband is entitled to courtesy and the wife to dower in a trust estate. When a husband and 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 fully explained 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 examination, acknowledgment, and declaration, shall be thereupon recorded in such court or in the clerk's office, or she may appear before two justices "ho shall be present together, or a notary public within the United States, or a commissioner appointed within the same by the governor of this state; and such justices, or notary, or commissioner, may so examine her, and if, after such explanation, she make such acknowledgment and declaration, shall certify the same on or annexed to the said writing to the following effect, viz.:Form of Acknowledgment. State of Virginia, to a. County of Richmond, i I, JOHN JONES, a notary public for the county of Richmond, in the state of Virginia, do certify that SUSAN DOE, the wife of JOHN DOE, whose names are signed to the writing above, bearing date on the tenth day of November, one thousand eight hundred, and fifty-five, personally appeared before me, in the county aforesaid, and being examined by me privily,nd apart from her husband, and having the writing aforesaid iully explained to her, she, lhe said SUSAN Doe, acknowledged the said writing to be her act, and adeclared that she had willingly executed the same, and does not wish to retract it. Given under my hand, this tweniy-jfiJft. day of November, one thousand eight hundred and fifty-fiT,. JOHN JONES, Notarys Public T''ls fti-n oef atcnle,)wlsdgment should i)b Mssed wvtlhtlcr ittado ii or out of tile state. 21 242 SPECIAL LAWS OF VIRGINIA. Acknowledgments may be taken before a justice of the peace, notary public, the court which admits the d/eed to record, or the clerk of such court in his office, in the state. If matdo elsewhere in the United States, then before a justice, a notary publ)ic, or ('Onmmissioner, appointed by the governor of the state, who must write on or annex to the deed a certificate to the following effect:State of Neow Haimpshire, t, t. County of Cheshire, I, JOHN JONES, a justice of the peace for the county aforesaid, in the state of New-Hampchire, do certify that JOHN DOE, whose name issigned to the writing above, bearing date on the first day of December, one thousand eight hundred and flfty/ivte, has acknowledged the same before me, in the county aforesaid. Given under my hand, this thirteenth day of December, one thousand eight hundred and fifty-five. JOHN JONES, Justice of the Peace. Two witnesses are necessary where the deed is proved by witnesses. Any writing executed out of the United States may be admitted to record as to any person whose name is signed thereto, when a certificate under the official seal of 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 of the proper officer of any court of such country, or 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 appointment, or before such court, mayol, or chief magistrate. Rights of Married Women. A MARRIED woman may hold estate separate from her husband, if bequeathed or con. veyed to her separate use and benefit, but in the absence of any such bequest or conveyance the husband is entitled to all personal estate of which she may be possessed, and which the husband may reduce into possession. In real estate the husband acquires nothing save a tenancy by the courtesy. DOWER.-A widow shall be endowed of one third part of all the real estate whereof her husband, or any other to his use, was at any time during the coverture seized of an estate of inheritance, unless her right of dower shall have been lawfully barred or relinquished. In addition to dower, she is entitled to one third of the personal estate after the pay ment of debts and charges, taking in slaves an estate for life only. If the marriage be without issue, she is entitled absolutely to the slaves and other personal property so remainig, which were derived from her; and was preserved in kind; and again, if the marriage be without issue, and the deceased husband was without issue by any former marriage, she is entitled to one half of the residue, qualified in respect to slaves as before. If provision be made for her in her husband's will, she may renounce it at any time within one year firom the probate, and entitle herself thereby to her legal rights. Rate of Interest. THE legal rate is six per cent. All contracts for a greater rate are void, with tht, penalty of forfeiture of twice the amount of the debt, one half to the intormer. But interest upon any debt contracted out of the state, though recovered in this state, shall be allowed according to the rate of interest in the state in which the contract was created. When a bill of exchange drawn or endorsed within this state, is protested for non-acceptance or non-payment, there shall be paid by the party liable for the principal of' such bill, in addition to what else he is liable for, damage upon the principal, at the rate of three per cettzm7n if the bill be payable out of Virginia and within the United States; and ten per centum it out of the United States. Wills. THESE: should be in writing, signed by the testator, or by some other person in his presence and by his direction, in such manner as to make it manifest that the name is intended as a signature; and, moreover, unless it be wholly written by the testator, the signature shall be made or the will acknowledged by him in the presence of at least two competent witnesses, present at the same time, and such witnesses shall subscribe the I' in the presence of the testator, but no form of attestation shall be necessary SPECIAL LAWS OF NORTH CAROLINA. 243 NORTH CAROLINA. Constitution adopted, 1835.-Square Miles, 43,800.-Population in 1850, 868,870. Exemptions. THERE is exempted from sale on execution in this state wearing-apparel; working-tools, and arms for muster; one bed and furniture; one wheel and cards, and one loom; one bible and testament; one hymn-book; one prayer-book; and all necessary school-books, the property of the defendant. There is also exempt from seizure under execution the fol. lowing property of every housekeeper, to wit: one cow and calf- ten bushels of corn or wheat; fifty pounds of bacon beef, or pork, or one barrel of fish all necessary farmingtools for one laborer; one bed bedstead and covering for every two members of the family, and such other property as three disinterested freeholders, upon application made to some justice of the peace for the county in which the appli. O.... ~a~ ~sfa Acant resides, shall lay off and assign; such other property no" to exceed in value the sum of fifty dollars at cash valuation Chattel Mortgages. No mortgage of any estate, whether real or personal, shall be good and available in law against creditors or purchasers for a valuable consideration, unless the same shall have been proved and registered within six months after the execution of such mortgage. No deed of trust, or mortgage for real or personal estate, shall be valid at law to pass any property as against creditors or purchasers, for a valuable consideration from the donor, bargainer, or mortgager, but from the registration of such deed of trust or mortgage, in the county where the land lies, or in case of chattels, where the donor, bargainer, or mortgager, resides; or, in case the donor, bargainer, or mortgager, shall reside out of the state, then in the county where the said chattels or some of them are situate. Law regulating Contracts. ALL contracts to sell or convey any lands, tenements, or hereditaments, or interest in or concerning them, or any slave or slaves, shall be void unless such contract or some memorandum or note thereof, shall be put in writing, signed by the party to be charged therewith, or by some other person by him thereunto lawfully authorized, except leases not exceeding the term of three years. No action shall be brought whereby to charge any executor or administrator upon a special promise to answer danmaes out of his own estate, or to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person, unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or by some person thereunto by him lawfully authorized. Limitation of Actions. PERSONS having a right to lands must make claim within seven years next after the right accrued, except minors, married women, and persons insane, who may have three years after the removal of their disability, and persons beyond seas eight years after their right accrued. All actions of account rendered, upon the case, of debt for arrearages of rent, of debt upon simiple contract, of detinue, replevin, and trespass, either for goods and chattels, or quare clausum fregit, within three years. Trespass, of assault and battery, wounding, imprisonment, within one year. Actions upon the case for words, within six months after the words spoken. Infants, married women, insane, and persons beyond sea, have the same periods after the removal of their disability. W 0 Lo 0 W A O'' ll, 0 ~REDL ~ I' DAVID ~# QLL'w w e' s ~.O O0UT F iinm G E 0 R C A3 1 Ii e "e |11 ^ R Le < E mswL. ScGe of iMes \ l 5 irenv/t7,deTWsCf,nR) *wa7i.i;~no 3 244' ~ ~~~~~ go ~ 40 9. 9 \ ^^^o~o \ C ________ 1 ]ntftritle"Wsc i'4tl~hn B 4 afinfo.____ ^44~~~~~~~~~ Kl Marysviz"e. c ____ tea^S t-i^^ ^^^jg37 flanvifle ^oke sa x,,7 / -f ^. y ^ * -HAIM'1PEE PONI A N T L ru "~OE PRANK-'.llthejp 1___i~o~ * I AA, ~ 8 RTIE 1.1eCv O~: r ='*fi~ l}} - S. o v —'P _bo_ _' T T HST'W y eE NTII~ M 0 0 a R E/ rr^,~~~* fsc5~2r1te A \J 2* 24:5 21* 245 246 SPECIAL LAWS OF NORTI CAROLINA. Collection of Debts. AT ACHIMENT.-.-Upon any complaint being made on oath to any of the judges of the supreme or superior courts, or to any justice of any of the county courts, by any person, his attoer ney, agent, or factor, that any person [indebted to him] hath removed or is removing out of the county privately, or so absents or conceals himself; that the ordinary process of law can not be served on such debtor, and further swears to the amount of his debt or demand to the best of his knowledge and belief, an attachment may isgue against the estate of such debtor, wherever the same may be found. An attachment may also issue in favor of a resident of this state against the estate of a non-resident. By act of 1850, clerks of the county and superior courts may issue attachments returnable to their respective courts, and take bonds and administer oaths in cases of such attachments Deeds. DEEDS must be acknowledged by the grantor before one of the judges of the supreme court, or of the superior court, or in the court of the county where the land lies, and registered by the public register of the county where the land lies, within two years from the date of the deed. Residents in any of the other states, or in the territories, or in the District of Columbia, may acknowledge them before some one of the judges of supreme jurisdiction, or of the superior courts of law, or circuit courts of law of superior jurisdiction within said state, territory, or district, and an attestation of such acknowledgment endorsed or affixed to the deed by the judges, and a certificate of the governor of the state or territory, or if in the District of Columbia, a certificate of the secretary of state of the United States, that the judge before whom said acknowledgment was taken, was at the time of making the samen one of the judges of the courts of supreme jurisdiction, or of- the supreme courts of law or circuit courts of law of superior jurisdiction within said state, territory, or district, shall also be affixed, or before any commissioner appointed by the governor of the state, and certified by him as by law required. Conveyances by husband and wife must be bythem personally acknowledged before one of the judges of the supreme or superior courts, or in the court of the county where the land lies, the wife being first privily examined by such judge, whether she doth voluntarily assent thereto. A scrawl of the pen may be used instead of a seal. Rights of Married Women. WHENEVER a marriage shall take place, all the lands or real estate owned by the femme coverte at the time of the marriage, and all lands or real estate which she may subsequently acquire, by will, devise, inheritance, or otherwise, shall not be subject to be sold or leased by the husband for the term of his own life, or any less term of years, except by and with the consent of his wife first had and obtained, to be ascertained and effectuated by privy exam. ination, according to the rules now required by law for the sale of lands by deed belonging to femme covertes. And further, that no interest of the husband whatever, in such lands or real estate, shall be subject to sale to satisfy any execution obtained against him, and all such sales are declared to be null and void both at law and in equity. DowER.-The widow is endowed of one third part of all the lands, tenements, and hereditaments, of which her husband died seized and possessed. The dower of a widow shall not be subject to the payment of debts due from the estate or her husband, during the term of her life. Rate of Interest. THE legal rate is six per cent. All contracts whereby a higher rate is reserved are void, and the party exacting it is liable to forfeit double the amount of the debt, one half to the state, one half to the prosecutor. Wills. THE will must be written in the testator's lifetime, and signed by him or by some other person in his presence and by his direction, and subscribed in his presence by two witnesses, no one of whom shall be interested in the devise. Or, if found among his papers must be in his own handwriting, and his name subscribed thereto, or inscribed in some part thereof, and the handwriting generally known by his acquaintances, and proved by three witnesses to be every part in the testator's own handwriting. No will in writing whereby personal estate is bequeathed, shall be sufficient to convey or give the same. unless such will be executed with the same formalities as are required in she execution of wills of real estate; provided, nevertheless, that the provisions of this act shall not be construed to affect nuncupative wills. No will in writing, made after 1846 which shall not be sufficient to convey or give personal estate, shall be good as to any real ettate therein devised. SPECIAL LAWS OF SOUTH CAROLINA 247 SOUTH CAROLINA. Constitution adopted, 1790.-Square Miles, 25,200.-Population in 1850, 668,457. Household and Homestead Exemptions. THERE is in this state exempted from levy and sale on execution the following articles, namely: to each family two beds and necessary bedding; two bedsteads; one spinning. wheel, and two pairs of cards; one loom, and one cow and -calf; if a farmer, the necessary farming utensils; if a mechanic, the tools of his trade; the ordinary cooking utensils and-ten dollars' worth of provisions. Be it enacted, 4f., That the following property, ir addition to that now exempted by law, to wit: to each family the dwellini-house, and houses appurtenant thereto, toetliler with fifty acres of land, and also one horse, and twenty-five dollars' worth of provisions, be and the same are hereby exempted..r. --- ~" —-- y*' -'' from levy and sale, under fieri facias and assignment under niesne or final process: Provided, that the said exemption shall not include, or extend to, iny property within the limits of any city or town corporate of this state. And provided fur ther, that the value of the said real estate shall not exceed the sum of five hundred dollars. That in all cases, where the landed property of the debtor shall exceed fifty acres, three commissioners shall be appointed by the clerk of the court, upon the application of either the plaintiff or defendant in the execution, whose duty it shall be to lay off to the debtor fitty acres of land, including the homestead, which shall always be done most favorably and beneficially for the family for whose benefit the provision is made; the remainder of whose land may be liable as in other cases. And if the said fifty acres including the homestead, so laid off, shall exceed in value, by the estimate of the said commissioners, or a majority of them, the sum of five hundred dol. lars; then, and in all such cases, the said commissioners shall proceed to lay off such quantity less than fifty acres, as hereinbefore provided, the value of which shall not exceed the said sum of five hundred dollars, the remainder of which may be sold as in other cases. That the said commissioners shall make a full return, under their hands and seals, of their proceedings in the premises, together with a plat or some other concise cescription of the lands laid off by them, to the clerk of the court. and shall be entitled to receive a conpensation for their services, not exceeding one dollar each per day, to be paid by the de. fendant; and the clerk of the court shall keep a suitable book, in which the appointment of the commissioners, together with their return and all other proceedings in the case, shall be recorded; for which services, the said clerk shall be entitled to receive in like manner, from the defendant, the sum of three dollars. That this act shall take effect, from and after the first day of March, 1852, in relation to al debts thereafter contracted. Mechanics' Lien. EVERY master mechanic, handicraftsman, and artificer, who shall erect, improve, of repair any building, shall have a lien thereon for the amount justly due him therefor. A memorandum, in nature of a contract, must be signed in presence of one or more wit nesses, by the parties to such contract and the proprietor of the premises or his lawfult agent, containing a particular account of the work to be done, the materials to be furnished, and a general description of the premises, and recorded in the office of the register oi megne conveyances for the district in which such buildings are. The lien shall be in no case for a greater sum than the just value which such building or improvement shall give to the land. The lien to commence from the recording of the contract, and to continue only for three years. This not to impair any prior lien. Chattel Mortgages. No nmulrtaage of personal property shall be valid so as to affect the rights of subleqrent creditors or purchasers, for a valuable consideration, without notice, unless the same snail be recorded in the office of the register of mesne conveyances for the district where the mortgager resides. If he reside without thie state, then where the property mortgaged ia l,:a.ted e; tad time thLe mortgage is executed, within Sixz.ty diays; and if the property coa 1 Q2goM1 -Pe~an }H +ea<9ER |HET 0 ^ %, tei~ i LAO age s -V )^\ ate $eej r \ ^fYxne < AS'TFRLF El _a g eesvinle / n (e g ^~~L~~~~z ~ ~ ~ ~;y II Lot" X XI TII CE eIfdCJL 0 \ F IN B v ae 34__ _________VI __ Om_________ i c^zss r t ML =C,&EtOLI:q SP Iw 248 e 33 ____________ ^^ ^ "-^^ V ^ ^ x ^^f^ ^^^^^^~o~~n ~,~'z~)^^"nit^"^^ ^ ^^ ^^' r. c' I " c I L~^ e 11V*lW ^ ~ a S LANCASTERH STE eD *,> ~ I on- ro us sWla'ig0/MWO' -st (_I DAU R GTOz OR 4 h R/US / r Ycr, t e r- ~w - _i ____ Itoi O i e = ^ ^{ia^._I_ i__ n, 2. - - Z, " ft M _ - -~__ --— _ —--- -=- -~'E- S 0 Lr U^ Ly I V P N 1 ^il 6^,o,'" J~I' w 250 SPECIAL LAWS OF SOUTH CAROLINA. sists of one cr more slaves. then also in the office of the secretary of state, within sixty days In the districts of Charleston and Richland, they shall be recorded in the office of the secretary of state only. Law regulating Contracts. PROMISES by executors or administrators to bind their own estate; by any one to pay the debt of another, or in consideration of marriage, or for any interest in lands, except leases not exceeding three years, or that are not to be performed within one year from the makirnY thereof, are void, unless the agreement or some memorandum thereof be put in writil and signed by the party to be charged or some one lawfully authorized. Limitation of Actions. ALL titles to lands or possessions for ten years shall be good against all claims whatsoever. Persons beyond seas allowed three years. Any person may prosecute his right to land within ten years; persons beyond seas, married women, and persons imprisoned, have seven years; minors have five years after their majority. In actions to try titles to land, if the plaintiff or claimant discontinue, or suffer a nonsuit verdict or judgment against him, or in any other way let the first action fall, he may bring a second action within two years; otherwise he is barred. The second action is final. Actions of trespass quare clausum fregit, trespass, detinue, trover, replevin, debt, covenant, and case, must be brought within four years. Actions of trespass of assault and battery, and imprisonment, must be brought within one year. Actions of slander must be brought within six months. Collection of Debts. ATTACHMENT.-Attachment may issue against the property, real and personal, of a non-resident debtor, or a debtor who absconds, or who is removing out ot the district, or who conceals himself so that process can not be served upon him. ArCREST. -A debtor, about to abscond before the maturity of the debt, may be held to bail. A debtor may be held to bail in any case where the debt exceeds thirty dollars and sixty-two cts., upon affidavit of the fact being annexed to the writ or process. Deeds. ACKNOWLEDGMENTS of deeds by the grantor on proof of their execution by one of the subscribing witnesses may be made before any magistrate. Conveyances should) e immediately recorded in the office of the register of mesne conveyances of the district where the land lies. In Charleston district there is a special register; in all the other districts the clerk of the court acts as register. They may be acknowledged, out of the state, before commissioners appointed, by the governor for that purpose. A scrawl of the pen may be used for a seal. The conveyance must be attested by two witnesses. The wife may release her dower, if she be of lawful age, in the pre nises conveyed by her husband, by going before any judge of the court of common pleas or magistrate for the district in which she may reside or the land may be and acknowledge before him, upon a private and separate examination, that she did freely and voluntarily, without any compulsion, dread, or fear, of any person whomnsoever, renounce and release her dower to the grantor, his heirs and assigns, in the premises mentioned in such deed. A certificate, under the hand of the woman and the hand and seal of the magistrate, shall be endorsed upon such re4ase, and recorded in the office of mesna conveyances, or office of the clerk of the county court in the district or county where the land lies SPECIAL LAWS OF SOUTH CAROLINA. 25 Fortn of Acknowledgment by a Single Man. The State of South Carolina, } Charleston District. I, JOHN JONES, one of the judges of the court of common pleas, do hereby certify that JOHN DOE did this day appear before me and acknowledge that he did sign, seal, and deliver, the within conveyance unto the within-named JAMES SMITH, as his free act and deed. Given under my hand and seal, this thirtieth day of April, Anno Domini one thousand eight hundred and fifty-one. JOHN JONES (Seal.) Form by Statutefor Release of Dower The State of South Carolina, \ Charleston District. I, JOHN JONES, one of the judges of the court of common pleas, do hereby certify unto all whom it may concern, that SUSAN DOE, the wife of the within-named JOHN DOE, did this day appear before me, and upon being privately and separately examined by me, did declare that she does freely, voluntarily, and withoutany compulsion, dread, or fear, of any person or persons whomsoever, renounce, release, and for ever relinquish unto the within-name.i DUNN BROWN, his heirs and assigns, all her interest and estate, and also all her right and claim of dower, of, in, or to, all and singular the premises within-mentioned and released. Gi ven under my hand and seal, this thirtieth day of April, Anno Domini one thousand eight hundred andfifty-one. SUSAN DOE. (Seal.) JOHN JONES, Judge. Form for Renunciation of.Inheritance. The State of South Carolina, Charleston District. I, JOHN JONES, one of the judges of the court of common pleas, do hereby certify unto all whom it may concern, that SUSAN DOE, the wife of the within named JOHN DOE, did this day appear before me, and upon being privately and separately examined by me, did declare that she did actually join her said husband in executing the within release, and that the same was positively and bonafide executed, at least seven days before this her examination, and that she did then. and still does at this time, freely, voluntarily, and without any manner of compulsion, dread, or fear, of any person or persons whomsoever, renounce, release, and for ever relinquish, unto the within-named JAMES rlN1TH, his heirs and assigns, all her estate, interest, and inheritance, in all and singular the premises within mentioned and released. Given under my hand and seal, this thirtieth day of April, Anno Domini one thousand eight hundred 6nd fifty-one. SUSAN DOE. (Seal.) JOHN JONES, Judge. Rights of Married Women. THE common law in regard to the rights of married women prevails in this state, except that marriage-settlement deeds must be recorded in the office of the secretary of state, and register of mesne conveyance within three months after their execution. Rate of Interest. THE legal rate is seven per cent. The party reserving more, forfeits the entire interest, and must pay the costs. Wills. WILTS must be in writing, signed by the testator, or some person in Ifis pres ence and by his express direction, and attested ani subscribed in the presence of the testator by three or more competent witnesses. 36- Nr A — |3l rid N — S - S: E,,E.,, L GJCS.30 5 DADE a UXN a U Yo 55' BI~' (rP19 FLOYD1 N Ao' LI3ERT 0 *CambE E / 00 I RL ICO~!LCINI_ i~f~s~s~ i~ ~g~vle~t I~ F. HEh E i~~a ~ ~ I IT A i T w RIVEN * scoFoe4 Q \ C IEE II & E Gu t L| EE i Lil~y {.ER d:e. 0\ } f 0 P 3 __ I 2 1"-m W 3. ^ 15 SIT i - 7}. es7rT AS aPII1I p~s l8 Sh hf a 254 SPECIAL LAWS OF GEORGIA GEORGIA. Cunstitution adopted 1798.-Square Miles 61,500.-Population in 1850, 877,897. - Exemptions. THERE are exempt from attachment and sale on execution, two beds and bedding, common bedsteads, a spinning-wheel, and two pairs of cards; a loom, common tools of the debtor's trade, and ordinary cooking-utensils; thirty dollars' worth of provisions, and the family Bible; a cow and calf; one horse or mule, -the value of which shall not exceed fifty dollars; also ten head of hogs; one yoke of oxen and cart, if he owns no horse: the same privileges are extended to every widow and her family,. during her widowhood. Homestead-Exemption Law. EVERY white citizen of this state, male or female, being the head of a family may own, free from levy and sale by virtue of any judgment, order, or decree, of any court of law or equity in this state, founded on any contracts made after the first day of May, one thousand eight hundred and forty-two, or any process ema nating upon the same, twenty acres o' land, and the additional sum of five acres for each of his or her children under the age of fifteen: Provided, that the same, or any part thereof, be not the site of any city, town, or village, or of any cotton or wool factory, saw or grist mill, or of any other machinery propelled by water or steam. The twenty acres thus exempted shall include the dwelling-house and improvements of the original tract, provided the value of such dwelling-house and improvements shall not exceed $200-extended to cities, towns, and villages. From and after the passage of this act (December 22, 1843), the amount of fifty acres of land to the head of each family is exempt from levy and sale by virtue of any judgment, order, or decree, of any court of law or equity in this state, founded on any contracts made after the first day of January, one thousand eight hundred and forty-four, except the same shall be for the purchase-money of said land, for the payment of which said land shall be bound. The same property is likewise exempt from attachment. Mechanics' Lien. EvERY mason or carpenter, building or repairing any house, shall have a lien on the same, if he, within three months from the time the same is completed, cause to be recorded in the clerk's office of the county where such building may be, his claim thereon. The lien covers machinery also. Within twelve months from the time his debt is due, he must institute a suit to enforce his lien. All persons, employed in any capacity whatever, on all steanboats and other water-craft engaged in the naviation of the Chattahooche, Altamaha, Ocmulgee, Savannah, and Flint rivers, also those who fiulnish wood and provisions to said steamboats and water-craft. shall have an exclusive lien on the same for their debt, if they prosecute the collection within twelve months after it is due. SPECIAL LAWS OF GEORGIA. 25P When the sum exceeds thirty dollars, they may make affidavit of the sum due before any judge of the superior court, or justice of ti}e inferior court in the county where the craft lies, and judgment may be entered thereon, and execution issue immediately. If the sum be thirty dollars or under, then the same proceeding may be had before a justice of the peace. Provision is made for proceedings when the claim is contested. The same lien and expeditious proceedings are allowed to persons employed in steam saw-mills, to those furnishing timber or firewood, provisions or supplies therefor. Also millwrights and builders of gold-machines in this state are entitled to the same lien, and the same method of enforcing it. Chattel Mortgages. THESE must be proved by the affidavit of the subscribing witness, and recorded in the clerk's office of the superior court of the county in which the mortgager resided at the time of the execution of the mortgage, within three months trom the date thereof. Law regulating Contracts. No action shall he brought whereby to charge any executor or administrator, upon any special promise, to answer damages out of his own estate; or whereby to charge the defendant, upon any special promise, to answer for the debt, default, or miscarriage, of another person; or to charge any person, upon any agreement made upon consideration of marriage; or upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them; or upon any agreement that is not to be performed within the space of one year from the making thereof; unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized. No contract for the sale of any goods, wares, and merchandises, for the price of ten pounds sterling or upward, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain or in part payment, or that some note or memorandum in writing of the said bargain be made and signed by the parties to be charged by such contract, or their agents thereunto lawfully authorized. Limitation of Actions. ACTIONS for the recovery of land must be brought within seven years. Infants, married women, persons insane, imprisoned, and beyond seas, have three years after the removal of such disability. Actions upon the case, other than for slander, actions for account, for trespass, debt, detinue, and replevin, for goods and [chattels] cattle, and trespass quare clausunu freoit, within four years. Actions of trespass of assault, battery, wounding, and imprisonment, within two years. Actions upon the case for words, within six months after the words spoken. Infants, married women, persons insane, imprisoned, and beyond seas, have the same times after their disability is removed. Notes and instruments in writing, not under seal, within six years. Instruments under seal, within twenty years; actions on open account, within four years. Actions on foreign judgments in five years. The time when the defendant has absconded or removed from the state Is not included in the computation. 256 SPECIAL LAWS OF GEORGIA. Collection of Debts. ATTACHMENT.-In case of non-residence, or where both debtor and credit4 reside without the limits of the state, the creditor may attach the real and per. gonal property of the debtor in the state. When a debt is not due, and the debtor is removing or about to remove with)ut the limits of the state, and oath is made by the creditor, his agent, or attorney, of the amount due or to become due, and that the debtor is removing or about to remove out of the state, an attachment may issue against his property. In all cases pending a suit, if the defendant place himself in such a circumstance as would, by the laws of the state, authorize an attachment, one may issue. ARREST.-Any person imprisoned -or arrested for debt, who shall make it appear to the court that he is insolvent, and shall deliver a schedule of his real and personal estate, debts, credits, and effects, and shall take the poor debtor's or insolvent's oath, shall obtain a discharge from imprisonment; and every debtor so discharged shall not be liable to be imprisoned on execution for any debt contracted before his discharge with any creditor having notice of his application for such discharge, nor shall he be arrested or held to bail in mesne process foi any debt or contract entered into prior to his discharge. Married women and widows are not liable to arrest for debt. Deeds. DEEDS must be executed under hand and seal (scroll), in the presence of two or more witnesses, and acknowledged or proved before a justice of the peace, or the chief justice, or one of the assistant justices, or clerk of the superior court, the ordinary or clerk of the inferior court, sheriff, deputy-sheriff, tax-receiver, tax-collector, or county-surveyor, in which the instrument is executed or acknowl edged, or mayor, or intendant, or commissioner of any incorporated town or city, and registered by the clerk of the court in the county where such lands lie, within twelve months from the date of sucn deed. Ieven years undisturbed posses-,ion gives good title to land. Deeds must be attested or proved before the clerk of the superior court, to be admitted to record. Deeds made out of the state may be admitted to record on affidavit of one of the subscribing witnesses before an officer in this state as in other cases. The wife joining must acknowledge and agree, before the chief justice, or any justice if the peace, or other officer, authorized to take the an knowledgment, on private examination, that she did, of her own free will and accord, subscribe, seal, and deliver the said deed, with an intention thereby to renounce, give up, and for ever quit-claim to her right of dower and thirds, of, iato, and to, the lands or tenements therein mentioned Consuls and vice-consuls of the United States, duly appointed and recognised, may take such acknowledgment of persons being within their consulates, and certify the same under their official seals. Form of Acknowledgment. State of Georgia, to wit County of Crawford, to wit: On this first day of October, one thousand eight hundred and fifty, before me personally came JOHN DOE and SUSAN his wife, to me known to be the persons described in, and who executed the foregoing conveyance, and severally acknowledged that they executed the same; and the said SUSAN, on private examination, acknowledged and agreed that she did, of her own free will and accord, subscribe, seal, and deliver the said deed, with an intention thereby to renounce, give up, and for ever quit-claim, her right of dower and thirds, and al her other snterest of, into, and to, the lands or tenements therein mentioned. JOHN JONES, Justice of the Peace. SPECIAL LAWS OF GEORGIA. 257 Rights of Married Women. DOWER - The wife must make application for her dower within seven years from the time of her husband's death. All conveyances of lands and tenements made by the husband alone during coverture shall convey the entire premises (except such lands as the husband is seized of by his intermarriage with his wife), any law, usage, custom, or rule of court, to the contrary notwithstanding; Provided, that nothing herein contained shall deprive the widow of her right to dower in all lands of which her husband may have died seized and possessed. Rate of Interest. THE legal rate is seven per cent. If more be reserved, the party loses the entire interest. Wills. THESE must be in writing, signed by the testator or some person in his pres. ence and by his express direction, and attested and subscribed, in the presenee of the testator, by three or four competent witnesses. tOt ___ - ~~~~~~?t6WfoidlPIlsTAI 6 UtWJ1c1s2$AAUOc = —N -_ _.- -- 1 —-- - -— I —--.. -ys uumj- ____ - 0m' -Y _ Vj;:: ---- 7 - I _ ~~y3 __I__ _ _-._,frm,._'-. - 18 I7~b~s lot,....... 1 — Act atIaa _ tt~c8v I~~~~~~~~~~~~.......m1. W ssE A I r) U I/ at, ~1;...,r~~~~~~~a:~~~~c,,J!'alL,........ ~~~~~~~~~~~~~~~3 ~~~~~~~~~~~~~r 7~~~~~~~~~~~L..\~,.I~re ~ $31.ZTZU~.~~l 3B50 ~ o a; b~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~T71 K r f- -~a F l O \ RIDA e Scal ofJleo s 0 v ^^^B l^C''1^ 1"7*^^'Ware;s o jro.1* ^~TVareo - E A LRG I are eAKU L |P",...'. f-O~ AV C. r,~. 1''1S" I 3 39, = -~~~~~~a ~ [~~, ~FS,LtC,x~tat~ D1. ~..~ c~ra 260 SPECIAL LAWS OF FLORIDA. FLORIDA. Constitution adopted 1845.-Square Miles 59,268. —Population in 1850, 87,387. Exemptions. THE necessary wearing-apparel and bedding of ei ery person, and the necessary wearing apparel, bedding......... and kitchen furniture of every family, shall be exempt from execution, attachment, and distress. The follow~'E m:ing property may be claimed as exempt from execution, attachment, and distress, except for violation of the criminal laws: the horse, saddle, and bridle, or the horse, saddle, vehicle, and harness, of every clergyman, not exceeding in value one hundred dollars. The horse, saddle, and bridle, medicine, and profes-. /t~-~\ I\ sional books, and instruments, of every surgeon, midwife, or physician, not exceeding in value one hundred dollars: one set of working-tools, or instruments of every mechanic, artist, dentist, artisan, or tradesman, not exceeding in value one hundred dollars.; The horse and gun not exceeding in value one hundred dollars, belonging to every farmer who is in actual cultivation of five or more acres of land within the state; Every actual housekeeper with a family, may claim as exempt, such portion of nis property as may be necessary to the support of himself and family, not to exceed in value one hundred dollars; thereby waiving claim to all right to otherexemption of property; provided, in every case, the defendant is not moving out of the state, nor resides beyond the limits thereof, nor is removing his property beyond the limits of the same, nor is secreting or fraudulently disposing of his prop erty for the purpose of avoiding the payment of his just debts; and, provided also the defendant shall make affidavit that he hath made a fair, full, and completestatement of all his property, in trust or otherwise, of all moneys, debts, and demands, due or to become due, which statement shall be signed by him and with the affidavit accompanying the return of the process. Every farmer seized and possessed of forty acres of land, in his or her own right in fee simple, and shall actually have in cultivation at least ten acres of the same, shall hold the same free and exempt from execution, attachment, or distress, except for a violation of the criminal law, or for fines or taxes; provided, the land and improvements do not exceed in value two hundred dollars. Also the boat and gun of every fisherman, pilot, or resident upon any island or coast, or any bay, harbor, or inlet of the state, and the boat and flat of any ferrynian, when in either case the same shall not exceed in value two hundred dollara Every free white citizen, male or female, being a householder or the head of a family, shall be entitled to a homestead exempt from sole or execution not exceeding one hlundred and sixty acres, or one town or city lot, being the residence of such head of a family, with the appurtenances and improvements thereto belonging. Mechanics' Lien. MASTER-BUILDERS and mechanics of every denomination, in the state of Florida contracting and engaging,to put up and erect buildings of every description, or engaging to perform jobs of work on any such buildings, shall have a lien en all such buildings as they may put up or erect or work upon, until the compensation for services shall oe fully paid and satisfied, to the amount agreed upon between the contracting parties. They shall enforce the lien only in the following cases, viz.: 1. Where the contract shall be reduced to writing and signed by the parties making the same. 2. Where SPECIAL LAWS OF FLORIDA. 261 ne amount shall be liquidated between the contracting parties, and a net balance be struck between the persons contracting to perform as aforesaid, or provide materials. All contracts entered into, liquidated or net balance struck, shall be recorde& in the clerk's office of the circuit court, for the county where such contract shall be required to be executed, within thirty days after their execution. Artisans, builders, and mechanics, and those who furnish materials for buildings under contract with the proprietor thereof, and all sub-contractors, shall have m lien fbr such material furnished, and for work and labor done on houses and other edifices, by them hereafter erected in whole or in part, each one for his own work and materials furnished. Every person wishing to avail himself of the benefits of this act, except subcontractors, must file with the clerk of the circuit court of the county in which the building to be charged is situate, and within six months after the materials have been furnished or the work and labor performed, a just and true account of the demand due him after all credits, and verify it by his own oath or that of some other person. and also file at the same time a correct description of the property to be charged with said lien. Every sub-contractor shall give notice in writing to the proprietor, of his intention to furnish materials or perform labor on the building, and the probable value thereof, and if afterward (the proprietor or his agent not objecting), materials are furnished or work done, the sub-contractor shall settle with the contractor in writing, the same signed by the contractor, and certified by him to be just, shall be left with the owner or proprietor, or his agent, and within ten days from the time the materials are furnished or work done, the sub-contractor shall file with the clerk of the circuit court of the county in which the building is situate, a copy Af such settlement which shall be a lien on the building; and he must also file a correct description of the property to be charged with the lien. The land upon which any building shall be erected, together with a convenient space around the same not exceeding five hundred square feet, clear of the building, shall also be subject to the above liens. Ship-chandlers, storekeepers, and all dealers, mechanics, and workmen, shall have a lien on any ship, vessel, steamboat, or other water craft, for all stores, provisions, rigging, or other materials, or labor or services of any kind furnished or rendered to, or for the use of such vessel, &c.; which lien shall have a preference over all others; the lien to cease if not enforced within twenty days after the same accrued. Chattel Mortgages. THESE must be acknowledged and recorded in the county where the mortgaged property shall be at the time of the execution of the mortgage. Law Regulating Contracts. No action shall be brought whereby to charge any executor or administrator, upon any special promise, to answer damages out of his own estate; or whereby to chargo the defendant, upon any special promise, to answer for the debt, default, or miscarriage, of another person; to charge any person, upon any agreement made upon consideration of marriage; or upon any contact for sale of lands, tenements, or heredit aments, or any uncertain interest in or concerning them, or for any hire thereof, for a longer term than one year; or upon any agreement that is not to be performed within the space of one year from the snaking thereof; unless the agreement upon which such Action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized. No contract fir the sale of any personal property, or goods, wares, and merchandises, Fiall be allowed to be good, except the buyer shall accept part of the goods so sold, tnd actually receive the same, or give solnething in earnest to bind the bargain or in 262 SPECIAL LAWS OF FLORIDA. part payment, or that some note or memorandum in writing of the faid bargain bh made and signed by the parties to be charged by such contract, or their agents thereuntc lawfully authorized. Limitation of Actions. ACTIONS for the recovery of real property must be brought within seven years. In case of disability, of infancy, &c., within four years after the removal of such disability. In case of death during disability, then within three years thereafter.-Act of Jan. 1848. All actions upon the case, other than for slander, of account, for trespass, debt, deti. nue and replevin for goods and chattels, and the said actions of trespass quare clausun fregit, must be brought within five years next after the cause of action accrued. Actions of assault, battery, wounding, and imprisonment, within three years. Actions upon the case for words within one year. Actions founded upon any acnount for goods sold and delivered, or for any article charged in any book-account, must be brought within two years from the delivery of the goods: if the creditors or the debtors die within such two years, then the further time of two years. Infants, married women, persons insane, imprisoned, beyond seas, or out of the country, have the same periods respectively after the removal of their disability. Actions of account, as concern merchandise between merchant and merchant, actions of debt on speciality, actions of covenant, are not regulated by statute, but governed by the English law prior to 1776. 1l, suits against administrators on open account, it is the duty of the court to expunge every item due five years before the death of the party. No action can be brought on, or scirefacias to revive a judgment against an administrator or executor after five years from the time such administrator or executor qualified. If any person, by absconding, concealing himself, or otherwise, prevents his creditor from bringing suit within the time above specified, the statute may not be pleaded by such person in bar of any suit brought against him. Collection of Debts. ATTACHMENT.-Attachment may issue upon an affidavit that there is a debt due or to become due within nine molths, and that the debtor is actually removing out of the state; or resides beyond the limits, or absconds, or conceals himself, so that ordinary process can not be served upon him, or is renoving his property beyond the limits of the state, or secreting or fraudulently disposing of the same for the purpose of avoiding the payment of his just debts. Imprisonment for debt does not exist. Deeds. CONVEYANCES must be made by deed in writing, sealed and delivered in the presence of at least two witnesses. They must be acknowledged before the officer authorized by law to record the same, or before some judicial officer of this, state. The officer taking the acknowledgment shall know or have satisfactory proof that the person making such acknowledgment is the individual described in and who executed the deed. If the acknowledgment is made out of the state, then before the commissioner appointed for that purpose. Dower in any lands, tenements, or hereditaments, in this state, may be extinguished by the wife making herself a party to the conveyance for the purpose of re. linquishing the same, or she may by a separate relinquishment under her hand and seal, executed in the presence of two witnesses, renounce her right df dower, and in no other way whatever; provided, such relinquishment or renunciation shall not in either case be valid against or binding upon the wife executing the same or any person or persons claiming throughi or under her, unless it be accompanied by an acknowledgment under the hand and seal of the wife taken and made, separately and apart from her husband, before some judicial officer of this state, when t Phall have betn made therein, that the said relinquishment and renunciation of 22 SPECIAL LAWS OF FLORIDA. 263 dower is made freely and voluntarily, and without any compulsion, constraint, apprehension, or fear, of or from the husband of the party making the said relin. quishment. - Conveyances to be admitted to record must be acknowledged by the party making it, or proved by one of the subscribing witnesses. They must be recorded by the recording officer in the county where the lands lie. Rights of Married Women. WHEN any female, a citizen of this state, shall marry, or when any female shall marry a citizen of this state, the female being seized or possessed of real or personal property, her title to the same shall continue separate, independent, and beyond the control of her husband, notwithstanding her coverture, and shall not be taken in execution tbr his debts. Married women may hereafter become seized or possessed of real and personal property during coverture, by bequest, demise, gift, purchase, or distribution. The husband and wife shall join in all sales, transfers, and conveyances of the property of the wife, and the real estate of the wife shall only be conveyed by the joint deed of the husband and wife, duly attested, authenticated, and admitted to record. The husband shall not be held or deemed liable to pay the debts of his wife contracted prior to any marriage hereafter (1845) to be solemnized in this state; but the property of the wife shall be subject to such debt. If married women die in this state possessed of real and personal property, or of either species of property, the husband shall take the same interest in her said property, and no other, which a child would take and inherit; and if the wife should die without children, then the surviving husband shall be entitled to administration, and to all her property, both real and personal. All the property, real and personal, which shall belong to the wife at the time of her marriage, or which she may acquire in any of the modes hereinbefore mentioned, shall be inventoried and recorded in the circuit court, or clerk's office of the county in which such property is situate, within six months after such marriage, or after said property shall be acquired by her at the peril of becoming liable for her husband's debts; but any omission to make such inventory and record shall confer no rights upon her husband. DOWER.-A widow is entitled to a life estate in one third of her husbands real estate.'In his personal estate, if there be no child or only one child, the widow takes one half of it absolutely. If more than one child she takes one third absolutely, except in slaves in which she takes a life estate. A widow may elect to take dower or a child's part, if she takes dower she has or-y a life estate in the real property; if she takes a child's part she has a fee-simple title to real property and absolute title to personal property including slaves. Rate of Interest. THE rate of interest is eight per cent. by agreement; if no rate be specified, then six per cent. Usury is punishable by indictment and loss of entire interest Wills. WILS must be in writing, signed by the testator or by some other person in his presence, and by his express directions, and shall be attested and subscriberd in the presence of the testator by THREE or more witnesses. II.u i1 L', 1,A II..A...... A:E REGO1,,.N i f \ GrovefliU 0.'tR^A 4. -',...''. B 0T —3- G^i) 1 -en aw^c _ l l n1 1 Tcnpixufle iiest from ~wcus''i'ng91. I INI I l l l I I I I I l~ ll l l l I II I III II III III II I IIIII I I I I.IIII lll ll l.lll lllll l l~ ll lll9 (0 N -3.~)o X _ _-.u~ _ oX o s11 9 I~~ l I^ ~0 ~: ~' o f' ~ ~' a" -~ 7 o-" L UlERDALEL M A I 0 l —. ~ ~) ~e~ -.., ~ q "u m'b iev lte WAL ER OKEuSn - -- I.._:. 4. A,,-'':n e L o/u Nr 3....... Ig La ^\'v[^rn-,iv, ~'.......~^ ^ Bs -&.. I r 0e rn iA._.o_,' GKEN - A,' - ]6~~~~~~ I Sumy **F: G lf'; aQllD v' U lb,.'ime ICHAM R A -oro. I r: i I I- - S2 '266 SPECIAL LAWS OF ALABAMA. ALABAMA. Constitution adopted, 1819.-Square Miles, 50,722.-Population in 1850, 771,650. Household and Homestead Exemption. THE following property may be permanently retained for the use of every family in the state, exempt from levy nnd sale by any legal process: 1. Househole and kitchen furni. ture of the value of one hundred and fifty dollars, to be selected by the head of the fimily, the value thereof to be i assessed by three disinterested persons, to be selected by the sheriff. 2. All books not kept for sale, all family portrlits, one gun, one loom, two spinning wheels, one man's and one woman's saddle. 3. Three cows and calves, twenty head of sheep, twenty head of hogs, five hundred pounds of meat, one thousand pounds of foader, twenty-five bushels of wheat, all the meal at any time on hand not kept for sale, one workhorse or mule, or one pair of oxen, one horse or ox-cart, all tools or implements of any mechanical trade not kept for sale, not to exceed two hundred dollars in value. two ploughs and plough-gear, and two hoes. 4. Such real property as may be selected by the head of the filaily, to include the homestead, not to exceed forty acres, and in value not exceeding five hundred dollars. Also one hundred bushels corn; all necessary and proper wearing-apparel of each and every member of such family, not exceeding fifty dollars fir each member; thirty pounds of wool or wool-rolls; one hundred pounds of ginned cotton, or four hundred pounds of seed cotton; all cloth on hand at any one time not made or kept for sale; one thousand pounds of oats in the sheaf; twenty-five bushels of potatoes; and, where any head of a fitmily has not of property now exempt by law from execution more than five hundred dollars in value, the salary or wages of said head of the family, to the amount of fifteen dollars per month, shall not be subject to any legal process. Mechanics' Lien. MECMANTCS and builders have a prior lien upon the tract, parcel, or lot of land, on which buildings are erected by them. and on the buildings so erected, for the price agreed on, or compensation to be paid, and materials used in the construction thereof, unless surety be given to such builders for the performance of the contract. or an5 agreement be made in writing waving the lien. The lien is created upon the following conditions: 1. The contract for the erection of the building must be in writing andl describe, with sufficient certainty to identify it, the tract, lot, or parcel of land, on which the building is to be erected; it must state the pricet or compensation to bo paid, be signe;3 by the parties, or their agents, and be registered in the office of the judge of probate of the county in which the lands lie, within sixty days after the date thereof. 2. The lien is subordinate to any existing mortgage, deed of tru.t, or other legal illcum. brance, which, if required by law to be recolrded, is registered according to law. 3. The owner of the land may at any time relieve the land from the lien, by giving the builder good and sufficient surety for the payment ofth-il price, or compensation agreed to. 4. A change or modification of the contract does not affect the lien. The lien hereby created, is effectual against the title or estate of the party contracting for the erection of buildings on the lands, at the time the contract was made; whether it be a freehold or less estate, and whether it be legal or equitable. The lien may be enforced in equity; or if the builder obtain a judgment at law, he may, by execution, expose to sale the land and the buildings erected thereon, if the title is such as can be sold by execution at law, but is not to Ie precluded from levying his execution upon any other property of such contracting party. No lien under the provisions of this act can be enforced, unless proceedings to enforce the same in equity, or an action at law upon the contract, is commenced within ninety days after the completion of the work or supply ot materials. Limitations of Actions. ACTION', 1by the state against a citizen, or on a judgment or decree, must be eonm menced within twenty years. SPECIAL LAWS OF ALABAMA. 267 On contracts under seal, real actions, and against officers for official misconduct, with in ten years. Action on detinue; trespass to property; written promises not under seal; on stated account; for rent due on parol demise; use and occupation, &c.; against sureties of officers, guardians, executors or administrators; against attorneys failing to pay over money onjustices' judgments, and other contracts not specified, within six years. On equities of redemption, by any one not a party to the mortgage, &c., within five years. Against sureties on official or replevin bonds in other states, within four years. On open accounts, computing from last item, and suits for dower within three years. For assault and battery, false imprisonment, malicious prosecution, crim. con., seduction, breach of marriage promise, qui-tam actions, penalties, slander, libel, attachment of steamboat, or for injury to persons or rights not specified, within one year. Chattel Mortgages. CONVEYANCES of personal property, to receive debts or to provide indemnity, must be recorded in the county in which the grantor resides, and also in the county where the property is, at the date of the conveyance; and if before the lien is satisfied, the property is removed to another county, the conveyance must be again recorded, within six months from such removal, in the county to which it is removed. Whenever any personal property is subject to any lien, incumbrance, mortgage, or trust, for the security of debts, at the time of its removal to this state, the writing evidencing the lien, incumbrance, mortgage, or trust, must be recorded in the county into which it is brought, and remains, within four months of the arrival of such property. Whenever any person having an estate for life, or years, in personal property, removes to this state with such property, the conveyance creating such estate must be recorded in the county to which it is brought, within twelve months thereafter; and if such property is removed to another county, then in such county, within four months after its removal thereto; or such property must be taken to vest absolutely in such person, as to purchasers and creditors, without notice. Things in action are not considered personal property. Law regulating Contracts. No contract for the sale of goods, chattels, or things in action, for a price exceeding two hundred dollars, shall be allowed to be good, unless the buyer accepts and receives part of such goods and chattels, or the evidences, or some of them, of such' things in action; or unless the buyer, at the time, pay some part of the purchase-money. In the following cases, every agreement is void, unless such agreement, or some note or memorandum thereof, expressing the consideration, is in writing, and subscribed by the party to be charged therewith, or some other person by him thereunto lawfully authorized in writing. 1. Every agreement which by its terms is not to be performed within one year from the niaking thereof. 2. Every special promise, by an executor, or administrator, to answer damages out of his own estate. 3. Every special promise to answer for the debt, default, or miscarriage of another. 4. Every algreement, promise, or undertaking, made upon consideration of marriage, except mutual promises to marry. 5. Every contract for the sale of goods, chattels, or things in action, for a price exceeding two hundred dollars, unless the buyer accepts and receives part of such goods and chattels, or the evidences, or some of them, of such things in action or unless the buyer, at the time, pay some part of the purchase-money. Collection of Debts. ATTACHMENTS may issue: 1. To enforce the collection of a debt, whether it be duo or not at the time the attachment is taken out. 2. For any moneyed 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. 4. When the action sounds in damages merely. Upon an affidavit that the debtor absconds, secretes himself, or resides out of the linits of the state, or is about to remove out of the state, so that process can not be served upon him, or is about to remove his property out of the state, whereby the plain. tiff may lose his debt or be compelled to sue for it in another state. or that the debtor has fraudulently disposed of, or is about fraudulently disposing of, his property, or that he has money, property, or effects, liable to satisfy his debts, which he fraudulently withholds. and stating the amount due, and that attachment is not sought for the pur 268 SPECIAL LAWS OF ALABAMA. pose of vexing or harassing the debtor, and upon the plaintiff's executing bond to the defendant in double the amount sworn to be due, an attachment may issue against Ihis property, real and personal. Attachments, ancillary to suits pending, may be sued out on the same grounds as original attachments. Judgments are usually obtained at the second term of the court after the institution of suit, and create a lien on real estate, throughout the state, from the date of rendition. Executions bind personal property, in any county within the state, upon their delivery to the sheriff thereof. One year is the shortest time in which money can be Collected by law. ARREST.-A person can be arrested for debt only when the plaintiff makes affidavit that the debtor is about to abscond, or has or is about fraudulently to convey his property, or has money or effects which he fraudulently withholds, or that the debt was contracted by fraud. But the debtor may discharge himself from arrest by making oath that the ground upon which he is arrested is untrue, and that he has nothing with which to pay the debt, or by rendering a schedule of all his property of every kind, and making oath that he has not property to the amount of twenty dollars, except that rendered in the schedule, and such property as is exempt by law from execution, and that he has not disposed of any property to secure the same to his own use, or to defraud his creditors. The plaintiff may controvert the truth of the oath of the debtor. A person convicted of rendering a false or fraudulent schedule, is liable to imprisonment for one year. Deeds. No witness is necessary where the maker of the deed signs and acknowledges the same before an officer authorized to take acknowledgments, and a scrawl of the pen may be used instead of a seal. Instruments importing on their face to be sealed shall he deemed sealed instruments, whether the scrawl be added or not. Deeds must be acknowledged or proved according to law before they can be properly recorded.. Acknowledgments and proofs of conveyances may be taken by the following officers within this state: judges of the supreme and circuit courts, and their clerks; chancellors; judges of the courts of probate; justices of the peace; and notaries public. Acknowledgments aid proofs of conveyances may be taken within the United States, and beyond the state of Alabama, by judges and clerks of any federal court, judges of ally court of record in any state, notaries public, or commissioners appointed by the governor of this state; beyond the limits of the United States, such acknowledgments and proofs may be taken by the judge of any court of record, mayor, or chief-milgistrate of any city, town, borough, or county, notaries public, or by any diplomatic, consular, or commercial agent of the United States. The wife of the grantor joining with him in the deed, need not necessarily be private ly examined. All conveyances should be immediately recorded, and in this state they must be recorded in the county in which said property is situated, within six months, or they will be void against a subsequent bonafide purchaser or mortgagee without notice. When a married woman joins her husband in the execution of a deed in the presence of two or more witnesses, or acknowledges the execution of the deed before a competent officer, the same operates as an absolute bar to her right of dower in the land conveyed, and in such case no private examination is necessary. The following is the form of acknowledgment to be used in this state, on conveyances of every description admitted to record:The State of Alabama, Mobile County, s I [flame and style of the officer] hereby certify that JOHN JONES, whose name is signed to the foregoing conveyance, and who is known to me, 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. Given under my hand, this first day of November, A. D. one thousand eight hundred and fifty-five. [Seal.] Signed, A. B. The form of a probate of a conveyance is as follows:The State of Alabama, Mobile County, ss. I [name and style of the officer] hereby certify that PETER SMITH, a subscribing witness to the foregoing conveyance, known to me, appeared before me this day, and being sworn, stated that JOHN JONES, the grantor in the conveyance, voluntarily executed the same in his presence, and in the presence of the other subscribing witless, on the day the same bears date - that he attested the same in the presence of the grantor, and SPECIAL LAWS OF ALABAMA. 269 of the other witness, and that such other witness subscribed his name as a witness in his presence. Given under my hand, this seventh day of November, A. D. one thousand eight hundred andfifty-five. Signed, [Seal.] A. B. Rights of Married Women. ALL the property which a woman has at the time of her marriage, and all that she acquires thereafter, is esteemed in law as her separate estate, notwithstanding her cov. erture, and the husband acquires no right to the property by marriage. The property vests in the husband as trustee of the wife, the husband controlling the property, without liability to account to the wife for the proceeds. The property can not be taken by legal process for the husband's debts. If any part of the property be sold, it must be conveyed jointly, and attested by two competent witnesses. The husband and wife are jointly liable and suable at law for all necessary family supplies. DOWER. —1. When the husband dies, leaving no lineal descendants, and his estate not insol rent, his widow is entitled to be endowed of one half his lands. 2. If in such case his e tate is insolvent, to one third part thereof. 3. When there are lineal descendants, ther. to one third part thereof, whether the estate be insolvent or not. - Th 3 widow may dissent from or waive provision in a will, and claim her dower, at any i ime within one year after the probate of the will. The widow may retainf the dwel ing-house, plantation, &c., free of rent, until her dower is assigned her. Rate of Interest. Ti E legal rate of interest is eight per cent. In usurious contracts, the principal, without a ly interest, may be recovered. Wills. I vEtRY person twenty-one years of age, and of sound mind, may dispose of lands by wili Wills must be signed by the testator, or by some one in his presence and at his req est, and attested by two or more witnesses subscribing their names thereto in his presence. Nuncupative wills may be established when the testator in his last illness call.l on persons to take notice that such is his will; but they can not bequeath more than five hundred dollars in value. 23* l ilnk,,qDL Dt A r ttor k ~aH IN D RAN K ILN Gar, LAI Oe'e S N WA\ IO R!l I G^^D) C~ RN 1E SON' I -o ll I I M SSSSIPPS|c~ As *l!:10 N m~ ('1 IOvPc~ah t I!~jyuurlU4~nJ I Grov t3 ort SI t S o. A i iss Is A N 1 A >'n^ M E q ~ ~4~~ 114 ISON W Wast o i1,t uI,, ---- ~~oD' _ -""- _'! fi = I......__.-... Ws rm W/a 1bon. ~ ~. Vvs' ~ i]ton...........__".. 3 — 40''..,,r.~~;.-i~~:,_ i,...:~'~~" 1T S t ~. _. l.ll~.l, _ol-..l.....l.~.lil l.l~-. _........ ___ S ~ ~ _.~ 35, - t - I mmL.,'- e A! %a SioN &1nic'b' tn.... # ce"'^M ARS L / I TiSHAMINGOr o| U.. - X(~ lai Olsop Ce w A10C S0 a-i ~P ^^~OLYR!^^^ C^^ ^^aar^4ROLLft eLOWNlS 33 ^ Fniv A fT/^i^?T~HOB ^^cI H^O ^\/^s^^^h ^^^^^1^^ rt 1^ IEP S ENA c~~~-we -D~~;l~d~z NESHOB-v e 272 SPECIAL LAWS OF MISSISSIPPI. MISSISSIPPI. Constitution adopted, 1832.-Square Miles, 47,151.-Population in 1850, 600,000. Exemptions. THERE is exempted in this state from levy and sale on execution, the agricultural implements of a farmer necessary for one male laborer; the tools of a mechanio necessary for carrying on his trade; the books of a student necessary for the completion of his education; the libraries of ministers of the gospel, together with such globes, maps, and books, as are used by teachers of public schools, academies, or colleges; the wearing apparel of each and every person; one hundred bushels of corn, twenty bushels of wheat, and eight hundred pounds of pork or bacon; one plough-horse, provided the value thereof do not exceed one hundred dollars; and one cow and calf of every housekeeper; and the arms and accoutrements of each person of the enrolled militia of the state. Goods on leasehold premises are not liable to execution until the rent in arrear, not to exceed one year, is tendered. Homestead Exemption. EEVERY free white citizen, male or female, being the head of a family, shall be entitled to own, hold, and possess, free and exempt from sale by virtue of any judgment, order, or decree, of any court of law or equity in the state, founded on any contract made after the passage of this act, or any process emanating from the same, one hundred and sixty acres of land; provided, the same or any part thereof shall not be the site of any city, town, or village. When any head of a family shall own a greater quantity of land than one quarter-section, the one hundred and sixty acres exempt from sale shall be so reserved as to include the dwelling-house and improvements of the owner, if there be any thereon; and in case such head of a family shall be the owner of more than one hundred and sixty acres of land in several tracts, he or she shall designate in writing to the sheriff, or other officer, in whose hands the process directing a sale may be, which tract or tracts he or she wishes to reserve from sale, and it shall not be lawful for such sheriff or other officer to sell the tract so designated. Every head of a family who shall reside in any city, town, or village, in the state, shall be entitled to own, hold, and possess, free from sale as aforesaid, lands within such city, town, or village, of the value of fifteen hundred dollars, exclusive of buildings and improvements thereon, which value shall be ascertained by the cash valuation of three discreet, disintererested freeholders of the county, under oath, to be summoned for that purpose by the sheriff or other officer. In case any head of a family residing in any city, town, or village, shall own but one lot or parcel of land therein, and the whole lot, exclusive of the buildings, shall be of a greater value than fifteen hundred dollars, to be ascertained as aforesaid, it shall be the duty of the sheriff or other officer to sell the portion thereof above the value of fifteen hundred dollars, if the same can be conveniently divided, or so much of said portion as will be sufficient to satisfy the process of sale in his hands; and in case the same can not be divided, the owner thereof may pay to the sheriff or other officer the surplus of valuation above fifteen hundred dollars toward the satisfaction of the judgment, order, or decree, and the SPECIAL LAWS OF MISSISSIPPI. 273 sale of the same shall not be made; and in the event of the inability of the owner to make payment of such surplus, the sheriff or other officer shall sell his or her interest in said lot, above the sum of fifteen hundred dollars, and the purchaser shall become tenant in common with him or her to the extent of such surplus, according to the valuation made as hereinbefore directed, and shall receive from the sheriff a deed to that effect. When any head of a family shall own more than one lot or parcel of land in any city, town, or village, which together shall be of greater value than fifteen hundred dollars, exclusive of improvements he or she shall designate to the sheriff or other officer, as is provided in section second, which lot or parcel he or she desires to reserve, and it shall not be lawful for such sheriff or other officer to sell the lot or parcel so designated; promaled, the same shall not exceed in value, exclusive of improvements, the sum of hteen hundred dollars. Mechanics' Lien. IN all cases hereafter, where any contract shall be made between any proprietor or proprietors, leasor or leasors, of any tract of land or town lots on the one part, and any other person or persons on the other part, for the erection or repairing of any house or other building, mill, or machinery, bridges, or any description of mechanical work whatsoever, or their appurtenances, or for furnishing labor or materials for the purpose aforesaid, and every other person who may have furnished materials which may have been used in the construction of such house, building, mill, machinery, bridge, or other mechanical work, whether by special agreement or otherwise, the person or persons who shall, in pursuance of such contract, have furnished labor or materials for such purpose aforesaid, or who shall have furnished such materials as aforesaid, shall, respectively, have a lien to secure payment of the same, upon the buildings and materials aforesaid; and said building and materials aforesaid shall not be subject to any other lien whatever, until the aforesaid lien shall have been cancelled according to the provisions of this act. In the event of there being no other lien in existence, or such lots or parcels of ground, or upon the term of any leasor at the time of making such contract for such buildings aforesaid, then, and in that case, the said lot or parcel of ground or the term of said leasor to be subject to the payment of said contract as in the case of the house, building, mill, or machinery, bridge, or other mechanical work, erected or constructed thereon. PROCEEDINGS TO ENFORCE THE LIEN.-When any person or persons shall wish to avail themselves of the provisions of such lien, he, she, or they, shall commence his, her, or their action, in any court having jurisdiction of the same, or shall have the contract upon which such lien is founded recorded in the office of the clerk of the probate court within twelve months from the time payment should have been made by virtue of such contract by which lien shall have been claimed; and if such suit be commenced in the circuit court, it shall be by bill or petition, describing with common certainty, the property upon which said lien is intended to operate, and also the nature of the contract or indebtedness, which bill or petition shall be filed in the circuit court clerk's office of the proper county. and docketed on the common law appearance-docket, the court trying such causes shall be governed by the same rules of evidence that are now observed in suits at law, and give judgment according to the justice of the case. The clerk of the court, when judgment has been under the provisions of this act, on application, shall issue a special execution, directed to the sheriff of the proper county, describing the property upon which such lien is made to operate, and out of which said judgment and all costs are to be collected; and under such execution said sheriff shall proceed to sell said property, or so much thereof as will satisfy the judgment and costs aforesaid, according to law in that case made and provided; provided, that in all cases when there are more than one execution, the proceeds of such sale, if not sufficient to satisfy all, shall be arranged, and nn amount proportionate to their several demands paid thereon. When any sum or sums due any person or persons aforesaid for work or labor done, or materials 274 SPECIAL LAWS OF MISSISSIPPI. furnished, shall be of such an amount as to come within the jurisdiction of a justice of the peace, he shall have jurisdiction thereon in accordance with the provisions of this act; provided, that said contract shall be filed in his office, and process directed thereon to any constable of the proper county, and have the same effect as process issued upon a judgment rendered in the circuit court under this act; and provided, also, that either of the parties shall have the same right to appeal that is, or may hereafter be, allowed from judgments of justices of the peace in other cases. Chattel Mortgages. MORTGAGES of chattels must be acknowledged and recorded in the court of the county where the property is situate, within three months after the execution thereof; and if removed to another county, must be recorded in that county within twelve months after such removal. Law regulating Contracts. No action shall be brought whereby to charge any executor or administrator, upon any special promise, to answer any debt or damages out of his own estate; or whereby to charge the defendant, upon any special promise, to answer for the debt, default, or miscarriage, of another person; or to charge any person upon any agreement made upon consideration of marriage; or upon any contract for the sale of lands, tenements, or hereditaments, or the making any lease thereof for a longer term than one year; or upon any agreement which is not to be performed within the space of one year from the making thereof, unless the promise or agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person by him or her thereunto lawfully authorized. Limitation of Actions. POSSESSORY, ancestral, mixed, or other actions, for any lands. tenements, hereditaments, or lease for a term of years, must be commenced within ten years from the time the right or title thereto, or cause of such action accrued. All actions of trespass quare clausumfregit, all actions of trespass, detinue, and trover, for taking any goods and chattels, actions of debts founded upon any contract not under seal, or for arrearages of rent due on parol demise, and all actions upon the case, and of account for the recovery of money, except actions on promissory notes, and except as between merchant and merchant, their factors, agents and servants, shall be commenced within three years. Actions on promissory notes, and bills of exchange, shall be commenced and prosecuted within six years after the right of action shall have accrued. And actions between merchant and merchant, founded on account, shall be commenced within four years after the right of action shall have accrued. All actions or trespass for assault, menace, battery, maiming, and imprisonment, or any of them, and every action upon the case, for slanderous words, or libellous publications, shall be commenced within one year after the cause of action shall have accrued. All actions founded upon any account for goods, wares, merchandise, sold andl delivered, for work and labor done, and for money had and received, for money lent and advanced, laid out and expended, and upon an account stated, shall be commenced and prosecuted within three years next after the cause of action shall have accrued.for the delivery of such goods and merchandise, and not after, except, that in case of the death of the creditor or debtor before the ex iration of the said term of three years, the further time of one year from the death _such creditor or debtor shall be allowed for the commencement of any such sui. or action; and in SPECIAL LAWS OF MISSISSIPPI. 275 the cases of actions on accounts of goods, wares, and merchandise, sold and delivered, or for work and labor done, the before-mentioned limitation shall commence from the time or date of delivery of the last item of such account. No record of any judgment recovered in any court of record without the limits of this state, against any person who was at the time of the commencement of the suit on which said judgment is founded, or at the time of the rendition of said judgment, a citizen of this state, shall be received in any court of this state as evidence to chain such citizen with liability after the expiration of three years from the time of the rendition of such judgment without the limits of this state. Collection of Debts. ATTACHMENT.-If any creditor shall make complaint, on oath or affirmation, to any judge of the supreme court, or justice of the peace of any county, that his debtor has removed or is removing out of the state, or so absconds or privily conceals himself that process can not be served on him, and state the amount of his demand, an attachment shall be granted. A bond must be given by the plaintiff to secure the payment of costs and damages that the defendant may recover against him. Imprisonment for debt is abolished. Deeds. IT is necessary, to the due execution of a deed, that a SEAL be used, and that it be attested by two subscribing witnesses. A deed must be acknowledged by the party or parties who shall have executed it, or proved by one or more of the subscribing witnesses, that such party or parties signed, sealed, and delivered the same, as his, her, or their voluntary act and deed, before a judge of the supreme court or chancellor or vice-chancellor of this state; or a justice of the county court, justice of the peace, notary public, or member of the board of police, of that county in which the lands or some part thereof are situate, and a certificate of such acknowledgment written upon or under the said deed, and signed by the officer before whom it was made, and recorded with the clerk of the county court where the land is situate, within three months after the sealing and delivery of it. A married woman must acknowledge, on a private examination, apart fiom her husband, that she signed, sealed, and delivered the same as her voluntary act and deed, freely, without any fear, threats, or compulsion, of her husband; and a certificate thereof must be written on or under the deed. In other p;:ts of the Union acknowledgment must be made before and certified by the chief justice of the United States, or an associate justice of the supreme court of the United States, or a district judge of the same, or any judge or justice of the supreme or superior court of any state or territory in the Union. In a foreign country, they may may be acknowledged before any court of law mayor, or other chief magistrate, of any city, borough, or corporation, of the said foreign country, certified as such acts are usually, and authenticated by him or them. Form of Acknowledgment. State of Mississippi, SS Claiborne County, 5 Personally appeared before me, JOHN JONES, juldge of the supreme court, the above-named JOHN DOF, who acknowledged that he signed, sealed, and delivered the foregoing deed, on the day and year therein mentioned, as his voluntary act and deed. Given under my hand and seal, this tenth day of December, A. D. one thou sand eight hundred d andJfiflyive. (fSeal.) JOHN JONES,.Jdge of the Supreme Court. 276 SPECIAL LAWS OF MISSISSIPPI. Rights of Married Women. A MARRIED woman may become seieed or possessed of property, real or personal, by direct bequest, gift, or purchase, or distribution, in her own name, and as of her own property, provided the same does not come from her husband after marriage. The slaves owned before marriage, and their natural increase, continue her separate property, exempt from any liability for the debts or contracts of her husband; also those she may acquire by conveyance, gift, inheritance, distribution, or otherwise, after marriage, and their natural increase. The property of a married woman can only be sold by the joint deed of the husband and wife, executed with the same formalities that are described under the head of deeds. A schedule of the real and personal property must be recorded in the clerk's office of the probate court in which such property is situated, within three months after its acquisition. DOWER.-The widow is entitled for life to one third of all the lands, tenements, and hereditaments, of which her husband died seized and possessed, or had before conveyed, whereof said widow had not relinquished her right of dower, as provided for by law. Interest. THE rate of interest is eight per cent. for the bonafide use of money; six per cent. upon other contracts; and any rate not exceeding ten per cent. by agreement in writing. Simple interest only can be recovered where a greater rate than is allowed by law is stipulated. Wills. WILLS should be in writing, subscribed by the testator, and attested by three credible witnesses. If the will is wholly written by the testator, and subscribed by him, it need not be attested by any witness. SPECIAL LAWS OF LOUISIANA. 277 LOUISIANA. Constitution adopted, 1852.-Square Niles, 46,431.-Population in 1850 517,762. Exemptions. THE sheriff can not seize the linen and clothes belonging to the debtor or his wife, nor his bed, nor those of his family, nor his arms and military accoutrements, nor the tools and instru. - ments necessary for the exercise of the trade or profession by which he gains a living. Nor can he seize the agricultural implements and working-cattle, separately from the land to which they are attached; nor the rights of personal servitude, of use and habitation; ofusufruct to the estate of a minor child the income of dotal property Mechanics' Lien. THE undertaker [contractor] has a privilege flien] for the payment of his labor, on the building or other work which he may have constructed. Workmen employed immediately by the owner in the construction or repair of any building, have the same privilege. Workmen and persons furnishing mate. rials, who have contracted with the undertaker, have no action against the owner who has paid him. If the undertaker be not paid, they may cause the moneys due him to be seized, and they are of right subrogated to his privilege. The payments which the proprietor may have made in anticipation to the undertaker, are considered, with regard to workmen and to those who furnish materials, as not having been made, and do not prevent them from exercising the right granted them by the preceding article. No agreement or undertaking for work exceeding five hundred dollars, which has not been reduced to writing, and registered with the recorder of mortgages, shall enjoy the privilege above granted. For those not amounting to five hundred dollars, this formality is dispensed with: but the privilege granted to them is limited to six months, reckoning from the day when the work ismcompleted. Workmen employed in the construction or repair of ships or boats enjoy the privilege established above, without being bound to reduce their contracts to writing, whatever may be their amount; but this privilege ceases if they have allowed the ship or boat to depart without exercising their right. Architects, contractors, masons, and other workmen; those who have supplied the owner with materials for the construction or repair of his buildings or other works; those who have contracted, in the manner provided by the police regulations, to make or put in repair the levees, bridges, canals, and roads, of a proprietor, preserve their privileges only in so far as they have recorded with the register of mortgages the act containing the bargains they have made, or the amount or acknowledgment of what is due to them, in all cases where the amount of the account or acknowledgment exceeds the sum of five hundred dollars Limitation of Actions. k IMMOVEABLES [real estate] are prescribed for by [limited to] ten years when the possessor has oeen in good faith, and held by ajust title during that time. The same species of property is prescribed for by thirty years, without any title on the part of the possessor, or whether he be in good faith or not. The property of slaves is acquired in five years, where the possessor has a title, and holds in good faith. To acquire the property of immoveables and slaves, the following conditions must concur: 1. Good faith on the part of the posses. nor. 2. A title which shall be legal and sufficient to transfer the property. 3. Possession during the time required by law, which possession must be accompanied by the incidents hereafter required. 4. And finally, an object, which may be acquired by prescription. If a person has possessed in good faith and by a just title, as proprietor, a moveable [per. sonal] thing, during three successive years without interruption, he shall acquire the prop. erty of it by prescription, unless the thing were stolen or lost. The actions of masters and instructors in the arts and sciences, for lessons which they give by the month; inn-keepers and such others, on account of lodging and board; retai!ers of provisions and liquors; workmen, laborers, and servants, for the payment of their wages; for the payment of the freight'of vessels, the wages of the officers, sailors, and others of the crew; for the supply of wood and other things necessary for the construction, equipment, and provisioning of vessels-are prescribed by one year. * Slaves in Louisiana are real estate, or as the Code expresses it, " immoveables by destination oflaw." 24 ION r^' ~I4-'-C L I - o''vew nu I LJ^^ ~' ^ J ~ h ^ ~ ^I M Oi ij \1 32 _______0 A R.;: A Galveston!J.Sazne__ _ VT Ti "h d \ V Sa gu Bay- / ( 31 __ 2L7 C A78 E i^7..~.E__iizon UXste fromt 278 |o E Ul*^ 1^7 4 13 _=-=_1 ILR.tI ii P N 9^," jit}s s 5 Z L N P o 1 — 7 OU,.8 S S S J P P e i, )I t \ p cl Ro>. ~;~tZ~dhe~t v g \ 9i ll I ~g MI S S~'P R ^tSPOINT 1EBAT1 _ A WBATO:,fi = - cs~r. W, BATO Znrr~-_O~p*.6~- P. _ - I1 I 5Wash 4 ig w -_____ ___ ___ — _- 27 ~a~~~ s Z- 71 - z_ _ _ sW ~T~ ~ ~~~~~~~~~~~ _ t F- iF 280 SPECIAL LAWS OF LOUISIANA. The actions for injurious words, verbal or written; for damages caused by slaves or animals that which a possessor may institute, to have himself maintained or restored to his possession, when he has been disturbed or evicted; for the delivery of merchandise or other effects shipped on board of vessels; for damage sustained by merchandise on board of ships, or which may have happened by ships running foul of each other-are prescribed by one year. The action for arrearages of rent-charge, annuities, and alimony, or of the Lire of moveables or immoveables; for the payment of money lent; for the salaries of overseers, clerks, secretaries, and teachers of the sciences, for lessons by the year or quarter; of physicians, surgeons, and apothecaries, for visits, operations, and medicines-are prescribed by three years. Actions on bills of exchange, notes payable to order or bearer, except bank-notes; those on all effects negotiable or transferable by endorsement or delivery-are prescribed by five years. All actions for immoveable property, or for an entire estate, as a succession, are prescribed by thirty years. Collection of Debts. ARREST.-Since March 28,1840, no person can be arrested after judgment has been obtained, in order to compel payment thereof. But the debtor may be arrested before judgment, upon an affidavit that he is about to leave the state permanently, without leaving init sufficient property to satisfy the judgment which the creditor expects to obtain. Women, married or single, can not be arrested, nor can non-residents. ATTACHMENT.-A creditor may obtain an attachment of the property of his debtor in the following cases: 1. Where such debtor is about leaving permanently the state, without there being a possibility of obtaining or executing judgment against him previous to his departure, or where such debtor has already left the state, never again to return. 2. When such debtor resides out of the state. 3. When he conceals himself, to avoid being cited. It may also be attached in the hands of third persons, in order to secure the payment of a debt whether the amount be liquidated or not, provided the term of payment have arrived, and the creditor his agent or attorney in fact, who prays for the attachment, state expressly and positively the amount which he claims. An obligation must be given in favor of the defendant for a sum exceeding one half that which he claimed, with the surety of one good and solvent person, residing within the jurisdiction of the court to which the petition is presented, as a security for the payment of such damages as such defendant may recover against him, in case it-should be decided that the attachment was wrongfully obtained. If a creditor know or suspect that a third person has in his possession property belonging to his debtor, or that he is indebted to such debtor he may make such a person a party to the suit, by having him cited, to declare on oath what property belonging to the defendant he has in his possession, or in what sum he is indebted to such defendant, even when the term of payment has not yet arrived. Deeds. THESE may be recorded with a notary public, without any proof or authentication. They are termed acts of sale, and are of two kinds, private acts and authentic acts. Private acto are those merely under the hands of the parties. Authentic acts are those where the parties appear before a notary public, who reduces the contract to writing, and signs it, as well as the parties, in the presence o two free male witnesses, who must be fourteen years of age. Rights of Married Women. THE debts of both husband and wife, contracted before marriage, are chargeable only on their separate and individual property. The property which the husband or the wife owns before marriage, or that comes to either by gift, bequest, or inheritance, after marriage, remains the distinct and individual property of the party to whom it belongs. As to all other property, they are partners. The wife, even when she is separate in estate from her husband, can not alienate, grant, mortgage, or acquire immoveable property or real estate, either by gratuitous or encumbered title, unless her husband concurs in the act, or yields his consent in writing, or in default of his consent, by authorization of the court. The wife can at any time sue for a separation of property, if there be danger-from the mismanagement of her husband, or the disorder of his affairs-of the loss of her dower, of what she brought in marriage, and of what fell to her during marriage. In case the separation is granted, she has the administration of all her estate, but can only dispose of and alienate her revenues and moveable property, without her husband's consent. The wife can not bind herself for or with her husband for debts contracted by him tefare or during the marriage. SPECIAL LAWS OF LOUISIANA. 281 The wife may make her last will without the authority of her husband. The surviving wife has the usufruct of the portion coming to her children, until she marries again. Whenever the widow or minor children of a deceased person shall be left in necessi. tons circumstances, and not possessed in their own right of property to the amount of one thousand dollars, the widow or the legal representative of the children shall be entitled to demand and receive from the succession of their deceased father or husband a sum which, added to the amount of property owned by them, or either of them, in their own right, will make up the sum of one thousand dollars; and which said amount shall be paid in preference to all other debts, except those for the vendor's privilege. and expenses incurred in selling the property. The surviving widow shall have anst ci]joy the usufruct of the money so received from her deceased husband's succession, during her widowhood; afterward to rest in and belong to the children or other descendants of said deceased. Rate of Interest. THE legal rate is five per cent.; but parties may agree on any sum as high as eight per cent. Bank interest is six per cent. The penalty for usurious contracts is a for feiture of the entire interest. Wills. WILLS are nuncupative or open, mystic or sealed, and olographic. They must all be in writing, either by the testator himself, or by some other person under his direction. Nuncupative wills may be made by public acts or by act under private signature. If by public acts, it must be received by a notary-public, in the presence of three witnesses residing in the place where the will is executed, or of five witnesses not residing in the place. It must be dictated by the testator, and written by the notary as it is dictated. It must be read to the testator in presence of the witnesses, and signed by the testator. All those formalities must be fulfilled at one time, without interruption. It must be signed by the witnesses, or at least by one of them for all, if the others can not write. If under private signature, it must be written by the testator or by any other person from his dictation, in presence of five witnesses residing in the place where the will is received, or of seven witnesses residing out of the place; or the testator may present the paper on which he has written his testament, or caused it to be written out of their presence, declaring to them that that paper contains his last will. In either case, the will must be read by the testator to the witnesses, or by one of the witnesses to the rest, in presence of the testator. It must be signed by the testator if he is able, and by the witnesses, or at least by two of them, in case the others know not how to sign, and those of the witnesses who do not know how to sign, must affix their marks. The mystic or secret testament is made in the following manner: The testator must sign the will, whether he has written it himself or has caused it to be written by another. The will, or the paper serving as its envelope, must be closed and sealed. The testator shall present it thus closed and sealed to the notary and seven witnesses, or he shall cause it to be closed and sealed in their presence. Then he shall declare to the notary, in presence of the witnesses, that that paper contains his testament, written by himself, or by another by his direction, and signed by him the testator. The notary shall then draw up the act of superscription, which shall be written on the will or on the sheet that serves as its envelope, and that act shall be signed by the testator, by the notary, and by the witnesses. Those who know not how or are not able to write, and those who know not how or are not able to sign their names, can not make dispositions in the form of the mystic will. In all cases the act of superscription must be signed by at least two witnesses. The olographic will is that which is entirely written, dated, and signed, by the hand of the testator. It is subject to no other form, and may be made anywhere, even out of the state. The following persons are absolutely incapable of being witnesses to wills: Women of what age soever; male children who have not attained the age of sixteen years complete; persons insane, deaf, dumb, or blind; persons whom the criminal laws declare incapable of exercising civil functions; and slaves. Neither can wills be witnessed by those who are constituted heirs or named legatees, under whatsoever title it maiy be. Mystic wills are excepted from this article. 24* c, F ono lro, Xalaner} /^S, o al w e u 28.Pre tiode4oa rb z.Mitro' B E X __ _ __ass~~~~~~~~~~S ENORTHRN PART / 1I\ ^t'e 5^ Scale oMics ^~o i^^ ^ - Cj I2 40 0 80 100 -G Lon. VfiBsrf=r 2on 4-wasztib it, l, ii o2;2n- esy ron ~P~t~t~i8^ X N Nt1^ MA AA So I H 0i n i __ Ae Tak 34II) ^ ^l ( NT Clotuu ~ SG ~ otas _ =_ _ / g ____ c^orpusis _., --' 1 N PATRICO 1_~- A\FJNe G^^ ^H t tl _ __ __ HayehS s c __ _116 283 '284 SPECIAL LAWS OF TEXA,. TEXAS. Constitution adopted, 1845.-Square Miles, 250,000.-Population in 1850, 187,403 Exemptions.._______~ THERE iS exempt from levy and sale on execution, house,......^_ ^-hold and kitchen furniture not exceeding two hundred dollars in value; implements of husbandry not exceeding fifty dol lars in value; the tools, apparatus, and books, appertaining to the trade or profession of any citizen; five milch cows; one ~[ "~~ -~~-'~ yoke of oxen, or one horse; twenty hogs; and provisions for one year. Homestead-Exemption Law. THE homestead of a family not to exceed two hundred acres of land (not included in a town or city) or any town or city =- ~l ~-~- - ot or lots, in value not to exceed two thousand dollars, shall not be subject to forced sale for any debts hereafter contracted; nor shall the owner, if a married man, be at liberty to alienate the same, unless by the consent of his wife, in such manner as the legislature may hereafter point out. Mechanics' Lien. MECHANICS contracting in writing to erect buildings, shall have a lien in the nature of a mortgage on all buildings they may erect or work upon, and also on the parcel or lot of land on which they are erected, until the price for services and materials found shall be fully paid. The contract shall be recorded in the office of the clerk of the county where such building shall be erected, within the space of thirty days after the contract is made. Every person doing any work or furnishing any kind of materials toward the erection or finishing of any building erected under a contract in writing, between the owner and builder or other person whose demand therefor has not been paid, may deliver to the owner of such building an attested account of the amount and value of the work and labor or mate. rials, and thereupon such owner shall retain out of his subsequent payment the amount of such work and labor or materials, for the benefit of the person so performing or furnishing the same. This does not apply to incorporated cities. Chattel Mortgages. IF any conveyance of goods and chattels or slaves be not on consideration deemed valuable in law, it shall be taken to be fraudulent, unless the same be by will duly proved and recorded, or by an instrument in writing acknowledged or proved by two or more witnesses and recorded the same as deeds of real estate, or unless possession shall really and bona fide remain with the donee. Mortgages on personal property must be recorded m the county where the mortgager lives. Law regulating Contracts. No action shall be brought whereby to charge any executor or administrator, upon any special promise, to answer any debt or damages out of his own estate; or whereby to chlarge the defendant, upon any special promise, to answer for the debt, default, or miscarriage, of another person; or to charge any person, upon any agreement made upon consideration of marriage; or upon any contract for the sale of lands, slaves, tenements, or hereditaments i or making any lease thereof, for a longer term than one year; or upon any agreenment that is not to be performed within one year from the making thereof; unless the promise or agreement upon which such action shall be brought, or some memorandum thereof, shall be in writing, and signed by the party to be charged therewith, or some person there. unto by him lawfully authorized. Limitation of Actions. ACTIONS of trespass for injury to property, of trover and conversion, for taking away the goods and chattels of another, actions upon open account (except those that concern the trade of merchandise between merchants, their factors, and agents), must be brought within two years. Actions of debt upon contract in writing within four years. SPECIAL LAWS OF TEXAS. 285 Actions upon an account for goods, warns, and merchandise sold or delivered, or articles charged in a store account, within two years. Actions for assault and battery. slander, and libel, within one year. Real actions in three, five. or ten years, according to the grade of title. Minors, married women, persons insane or imprisoned, have the same periods respec tively after the removal of their disability. An acknowledgment to take a claim out of the statute of limitation must be in writing and signed by the party to be charged thereby. Collection of Debts. ARREST.-The constitution provides that no person shall ever be imprisoned for debt. ATTACHMENT — hen a summons't answer to any civil suit shall be returned by the sheriff that the defendant is not to be found in his county, the plaintiff may sue out a writ of attachment to be levied on the property of such defendant. The judges and clerks of the district courts, and justices of the peace may issue original attachments, returnable to their respective courts upon the party applying for the same, his agent or attorney, making an affidavit in writing stating that the defendant is justly indebted to plaintiff and the amount of the demand, also that the defendant is not a resident of this state or that he is about to remove out of this state, or that he secretes himself so that the ordinary process of law can not be served on him, or that he is about to remove his property beyond this state, and that thereby the plaintiff will probably lose the debt, and that the attachment is not sued out for the purpose of injuring the defendant. A bond must at the same time be given, with two or more good and sufficient sureties, payable to the defendant in double the amount sworn to be due, conditioned that the plaintiff will prosecute his suit to effect and pay such damages as shall be adjudged against him for wrongfully suing out such attachment. SEQUESTRATION.-Writs of sequestration may issue, 1. When a married woman sues for a divorce and makes oath that she fears her husband will waste her separate property, oi their common property, or the fruits or revenue produced by either, or remove the same out of the limits of this state during the pendency of the suit; 2. When a person sues for the title or possession of a slave, or other moveable property or chattels of any description, and makes oath that he fears the defendant or person in possession thereof, will injure or ill treat such slave, or waste such moveable property or chattels or remove the same out of the limits of this state during the pendency of the suit; 3. When a person sues for the foreclosure of a mortgage, or the enforcement of a lien upon a slave, or moveable property of any description, and makes oath that he fears that the defendant or person in possession thereof, will injure or ill treat such slave, or waste such moveable property, or remove such slave or moveable property out of the county, 4. When any person sues for the title or possession of real property, and makes oath that he fears the defendant or person in possession thereof, may make use of his possession to injure such property, or waste the fruits and revenue produced by the same, or convert them to his own use; 5. When any person sues for the title or possession of any property from which he has been ejected byforce or violence, and shall make oath to such facts. Deeds. THESE must be sealed, but a scroll by way of seal will answer, if the person making tlhe same shall, in the body of the instrument, recognise such scroll as having been affixed by way of seal. They should be recorded in the office of the clerk of the county court of the county where the lands or some part thereof lie. To entitle them to be recorded they must be proved bya subscribing witness, or acknowledged by the grantor, if within the state before some notary public or clerk of any county court in the state, if out of the state and within the United States or their territories, before some judge of a court of record having a seal, and he must affix the seal of his court to the authentication (a certificate of acknowledgment by the clerk of the court is not sufficient); if out of the United States, before some public minister, charge d'affaires, or consul of the United States, authenticated by the official seal of his office. If a married woman convey her separate estate, she must acknowledge the same before a judge of the district court, or chief-justice of the county court, or a notary public, or clerk of the county court; or if she merely release her interest in the estate of her husband, then before any judge of the supreme or district court, or notary public. If her conveyance is acknowledged out of the state it must be before the same authority authorized to take acknowledgments of persons not married. The certificate of acknowledgment in either case must state that she had been examined by the officer privately and apart from her husband, and that the conveyance was fully explained to her, and that she acknowledged the same to be her act and deed, and declared that she had willingly signed, sealed, and delivered the same, and she wished not to retract it. In other cases the certificate must state that the grantor appeared before the officer and acknowledged that he executed the instrument for the consideration and purposes therein stated. Mortgages of real estate are not a lien unless recorded in the county where the land lies, within ninety days from the date of the execution of such mortgage. 286 SPECIAL LAVWS OF TEXAS. Rights of Married Women. ALL property, real and personal, owned or claimed by married women, or which may be owned or claimed at the time of marriage by any woman, or which she may acquire by gift, devise, or descent, shall be registered. A schedule thereof shall be made out, particularly describing the same and acknowledged by her that the property described therein is her separate property, and recorded in the county or counties where it really lies, and if there be personal property, then also in the county where she resides. Property so recorded can not be recovered by the creditors of the husband. She has also a community of acquits, or joins with the husband in all property acquired during coverture, except that acquired by devise, gift, or descent. The community property may be sold bv the husband alone and is liable for his debts. DOWER.-The widow is entitled to the use of one third of the real estate for her life Rate of Interest. THE legal rate of interest where no rate is specified, is eight per cent. Parties may agree upon any rate as high as twelve per cent. Where more is reserved no interest can be rocovered. Wills. No parent can deprive his descendants by will of more than one fourth of his or her property. Wills must be in writing, signed by the testator or by some other person in his presence and by his direction; and moreover, if not wholly written by himself, be attested by two or more credible witnesses above the age of fourteen years, subscribing their nsmes in hia presence. SPECIAL LAWS OF ARKANSAS. 287 ARKANSAS. Constitution adopted 1836.-Square Miles, 52,198.-Population in 1850, 198,796 Exemptions.: ~-o-~~ a THERE is exempt from levy and sale on execution if belonging to any one not the head of a family, hit wearing-apparel, except watches, and also the neces-::: i s.: nary tools and implements of trade of a mechanic while carrying on his trade. If belonging to a married man with a family, one horse, mule, or yoke of oxen; one cow and calf; one plough, one axe, one hoe, and one set of plough-gears, if the person be a farmer: spinning-wheels and cards, one loom and apparatus necessary for manufacturing cloth in a private family; all spun yarn, thread, and cloth, manufactured for family use; any quantity of hemp, flax, cotton, and wool, not exceeding twenty-five pounds; all wearingapparel of the family; two beds, with the usual bedding; and such other household and kitchen furniture as may be necessary for the family, agreeably to an inventory thereof, to be returned on oath with the execution by the officer; the necessary tools and implements of trade of any mechanic, while carrying on his trade; all arms and military equipments required by law to be kept, and all such provisions as may be on hand for family use. Also all books, maps, globes, man uscripts, family pictures, and scientific apparatus belonging to citizens of this state. Homestead Exemption. EVERY free white citizen, male or female, being a householder, or the head of a family, shall be entitled to a homestead, exempt from sale or execution (except as hereinafter mentioned), not exceeding one hundred and sixty acres of land, or one town or city lot, being the residence of such householder or head of a family, with the appurtenances and improvements thereunto belonging. The preceding section shall be deemed and construed to except such homestead, in the manner aforesaid, during the time it shall be occupied by the widow, or child, or children, of any deceased person who was, when living, entitled to the benefits of this act. Nothing herein contained shall be so construed as to exempt said homestead from sale for taxes, or the owners thereof from any liabilities or debts contracted prior to the passage of this act; provided, that nothing contained in this act shall be so construed as to exempt from execution and sale any town lot with any improvements thereon, except such as constitute the actual family residence, and such buildings as are necessary appendages thereto. Mechanics' Lien. MECHANICS have a lien for all sums over one hundred dollars, for labor and materials, if they file with the clerk of the circuit court of the county where the building is, a true account of their demand and the amount due, verified by oath of the person entitled to the lien, which lien extends to the land appurtenant to the building, not exceeding two acres. The lien continues in force only one year after the building is finished, unless suit be brought to enforce it. rN Ur vicm HoeC a a'P o L,-,o.,. I P,.. R,,, V^ a~l* 31 """ \Mrnresbjw ^ rciepiiae C s 34 iSEVIER - -~.,?o- ~_ ~,~ ^._. B^)^^^ t^^w A C H A -- - ---- C, e Ul- 1, ~.,er F^^ lT IASHLEY {^ A I A I',,...... ~16=',.''1 — -t!1"-". " " wsh"i" m~ 114 ,. C ~l^^, e X L ~~- 135lL I I a, 1 I'"'"~ ~ ~~ ~~,I' r....-. ~%~.~ e- /-i,l ^^ ^^ V-cB"^ 42 ) ^ ^B I.\ ~ \ 011) V I Fe d T FRA Ie CB r ITT l ^ I ^,^/T^ - ^s K'I ".A&SBA I, J,,',,', -.... 35 --;.!,v,,,,,.,. i 290 SPECIAL LAWS OF ARKANSAS. Mortgages-Real and Personal. ALL mortgages, whether for real or personal estate, shall be acknowledged before some person authorized by law to take the acknowledgment of deeds, and shall be recorded, if for lands, in the county or counties in which the lands lie, and if for personal property, in the county in which the mortgager resides. Every mortgage, whether for real or personal property, shall be a lien on the mortgaged property from the time the same is filed in the recorder's office for record, and not before; which filingshall be notice to all persons of the existence of such mortgage. Law regulating Contracts. No action shall be brought:1. To charge any executor or administrator, upon any special promise, to anl swer for any debt or damage out of his own estate; 2. To charge any person, upon any special promise, to answer for the debt, default, or miscarriage, of another; 3. To charge any person upon an agreement made in consideration of marriage; 4. To charge any person upon any contract for the sale of lands, tenements, or hereditaments, or any interest in or concerning them; 5. To charge any person upon any lease of lands, tenements, or hereditaments, for a longer term than one year; 6. To charge any person upon any contract, promise, or agreement, that is not to be performed within one year from the making thereof; unless the agreement, promise, or contract, upon which such action shall be brought, or some memorandum or note thereof; shall be made in writing, and signed by the party to be charged therewith, or signed by some other person by him thereunto properly authorized. No contract for the sale of goods, wares and merchandise, for the price of thirty dollars or upward, shall be binding on the parties, unless, first, there be some note or memorandum, signed by the party to be charged; or, second, the purchaser shall accept a part of the goods so sold, and actually receive the same; or, third, shall give something in earnest to bind the bargain, or in part payment thereof Limitation of Actions. ACTIONS upon promissory notes, and other instruments in writing, not under seal, shall be commenced within five years after the cause of action shall accrue. Actions upon sealed instruments, judgments, and decrees, within ten years. All actions of account, assumpsit, or case, founded on any other contract or liability, within three years. Non-residents are subject to the limitation equally with residents; but when a debtor has absconded from another state into Arkansas, without the knowledge of his creditor, such creditor may sue within the time limited, after he is apprized of such residence of the absconding debtor. Minors, married women, persons insane, or imprisoned out of the state, have the same times respectively after the removal of their disability. Any acknowledgment to take a case out of the operation of the statute, or to bind a person for a debt contracted during infancy, must be in writing. One joint contractor or executor is not bound by the promise of another. Collection of Debts. ATTACHMENT.-If a creditor shall, at the time of filing his declaration, file an affidavit of himself, or some other person for him, stating that the defendant is SPECIAL LAWS OF ARKANSAS. 291 justly indebted to the plaintiff in a sum exceeding one hundred dollars, and stating the amount, and also that the defendant is not a resident of this state, or that he is about to remove out of this state, or that he is about to remove his goods and effects out of this state, or that he so secretes himself that process can not bo served on him, or that he verily believes that the debtor has fraudulently conveyed his property or effects, or is about fiaudulently to convey the same for the purpose of hindering or delaying his creditors, an attachment against his property may issue. Bond, in double the amount claimed, must also be filed, conditioned for the payment of such damages as may be awarded against him. Justices of the peace may issue an attachment in like cases when the demand is one hundred dollars or less. Boats running on the navigable waters of the state may be attached for debts contracted by the owner, &c, on account of work or supplies furnished the boat. ARREST. —Oly in case of fraud alleged by the plaintiff, and supported by his affidavit and the affidavit of some disinterested and creditable person, to the facts on which such allegation is founded, can any person be arrested in a civil action Deeds. DKEDS.-must be executed ir the presence of two disinterested witnesses, aid SEALED. They should be acknowledged, if in the state before the supreme court, the circuit court, or either of the judges thereof, or the clerk of either of said courts, or before the county court, or the presiding judge thereof, or any justice of the peace, or notary public. If elsewhere in the United States, before any court of the United States, or of any state or territory having a seal, or the clerk of any such court, or the mayor of any city or town, or the chief officer of any city or town, having a seal of office. If out of the United States, before any court having a seal, or any mayor or chief officer of any city or town having an official seal. The certificate to be attested under the seal of office; but if he have no such seal, then under his official signature. If the grantor be not personally known to the officer, he must be satisfactorily proven. The grantor must acknowledge that he executed the deed for the consideration and purposes therein mentioned and set forth. Married women must voluntarily appear before such court or officer, and in the absence of her husband declare that she had, of her own free will, executed the instrument in question, or had signed and sealed the relinquishment of dower, for the purposes therein contained and set forth; without compulsion or undue influence of her husband. Deeds should be recorded by the recorder of the county where the land is situated. Form of Acknowledgment. State of Arkansas, County of Franklin, to wit: Be it remembered, that on the first day of October, one thousand eight hun. dred and fifty, before me, JoHN JONES, a notary public in and for said county, personally appeared JOHN DOE and SUSAN his wife, to me personally known to be the persons described in and who executed the foregoing conveyance, and severally acknowledged that they executed the same, for the consideration and purposes therein mentioned; and the said SUSAN, having voluntfrrily appeared before me, in the absence of her husband, declared that she had, of her own free wil, execiatLd the said conveyance, and had signed and sealed the relinquishment of herv owuer, for the purposes therein contained and set forth, without compulsion or undue influence of her husband. (Seal.) JOHN JONES, Notary Public. 292 SPECIAL LAWS OF ARKANSAS. Rights of Married Women. ANY married woman may become seized and possessed of any real or personal property, whether acquired before or after marriage, in her own right and as of her own property, exempt from her husband's debts, provided the same does not come from her husband after marriage. The slaves and their natural increase, owned by any married woman before marriage, and that she may acquire after marriage, shall be her separate prop erty, exempt from any liability for the debts or contracts of the husband. But a schedule, under oath, and verified by the oath of some other reputable person, must he made out by the husband and wife, and filed in the rScorder's office of the county where the property is, and of the county where they reside, expressly setting forth that the same is designed to be held exempt from the liabilities of her husband. D OER.-A widow shall be endowed of one third of all the personal estate, and of the lands whereof her husband was seized of an estate of inheritance at any time during the marriage, unless the same shall have been relinquished in legal form, if there be lineal descendants; if not, then to one half of the real and per sonal estate. Rate of Interest. WHERE no rate is mentioned, it is six per cent. Parties may contract for any rate not exceeding ten per cent. Usurious contracts are void. Wills. EIrrRY will shall be executed and attested in the following manner:1. It must be subscribed by the testator at the end of the will, or by some person for him at his request. 2. Such subscription shall be made by the testator in the presence of each of the attesting witnesses, or shall be acknowledged by him to have been so made to each of the attesting witnesses. 3. The testator, at the time of making such subscription, or at the time of acknowledging the same, shall declare the instrument so subscribed to be his will and testament. 4. There shall be at least two attesting witnesses, each of whom shall sign his name as a witness at the end of the will, at the request of the testator. 5. Where the entire body of the will and the signature thereto shall be written in the proper handwriting of the testator or testatrix, such will may be established by the unimpeachable evidence of at least three disinterested witnesses to the handwriting and signature of each testator or testatrix notwithstanding there may be no attesting witnesses to such will; but no will, without such subscribing witnesses. shall be pleaded in bar of a will subscribed in due form as prescribed in this act. Every person who shall sign the testator's name to any will by his direction, shall write his own name as a witness to such will, and state that he signed the testator's name at his request. SPECIAL L1AWS OF rF,' NElSSEB. 293 TENNESS EE. Constitution adopted 1835-Square Miles 45,600-Population in 1850, ],023,698. Exemptions. THERE is exempted in this state from levy and sale on -_ tIf. - c —- —, execution-one cow and calf; one bedstead and bed, con taining not more than twenty-five pounds of feathers; two.~ _ = —- isheets, two blarnkts, and one counterpane; where the fain ily consists of six or more persons, one additional feather - bed, bedstead, and bedclothes, are allowed; one half doz-.. - = en knives and forks, six plates, one dish, one pot, one Dutch oven; one spinning-wheel; one pair of cotton-cards; one chopping-axe; five head of sheep; ten head of stock hogs; all fowls and poultry; six chairs; one bible and hymn-book; one loom and gear; also ten barrels of corn, and three hundred weight of pork or bacon, as the case may be, if such they have, or so much thereot as they or either of them may have. Also in the hands of persons engaged in agriculture, one plough, one hoe, one set of gears for ploughing, one iron wedge; and one farm horse, mule, or yoke of oxen; and the workman's one set of mechanical tools, usual and necessary in his trade; any indigent, decrepit, or idiotic person or persons, who are unable by manual labor or physical exertions to obtain a living or support, are exempt from working on public roads, and paying poll tax, when such infirmities shall be made to appear satisfactory to any county court. The arms and equipments of any militia-man, are exempt from execution at all times Mechanics' Lien. WHEN any mechanic or undertaker, by special contract with the owner of any lot of ground or tract of land in this state, or his agent, shall construct, build, or repair, either in whole or in part, or furnish materials or any part of materials, in the construction, building, or repairing, of any house, fixtures, or improvements, or shall do any work upon the said house, either by finishing off the same, painting, ornamenting, or other wise, such mechanic or undertaker shall have and retain a lien upon such building, and the lot of ground thereto attached, in proportion to the amount and value of work done or materials furnished as aforesaid. A lien hereby created, shall continue one year after the work done, or materials furnished, and until the decision of any suit that may be brought within that time for the debt that may be due said mechanic or undertaker; also said lien shall extend to journeymen, or all who in part build, or in part furnish materials. Provided notice in wri. ting of said lien shall be first given to the owner or proprietor of said lot, tract of land, house, or improvements, or his agent, at the time said work is begun, or materials furnished by said journeymen or other person. When any debt is contracted by the master. owner, agent, or consignee, of any steam or keel boat within this state, by and on account of any work done, or materials or articles furnished for or toward the building, repairing, fitting, furnishing, or equipping, such steam or keel boat, or for wages due to the hands thereof, such debt shall be a lien upon such steam or keel boat, her tackle and furniture; provided that suit be commenced within three months from the time said work is finished, or said materials or articles are furnished, or said wages fall due. Chattel Mortgages. THESE must be proved and recorded the same as mortgages on land, to make them valid as against bona fide creditors and purchasers. Law Regulating Contracts. No action shall be brought whereby to charge any executor or administrator, upon any special promise, to answer any debt or damages out of his owr estate; or whereby to charge the defendant, upon any speciil promise, to answer for the 25* II! /ILLI Ols 1 i ) IIII1tS 1 AR'1 1) I TSOl'S. MA i..:-PZ - 0 _-___ \. C a"DIGCKSO V flW/SI I1 S 2I tPIpilne/ %V?.'......,iI' I I KiMIMA II e 1 Ic fi ~tM N s-~"~ ib 2~~2,1,ER FA YI LINCOLWN? ARDI INj I.esapr t. -- -- -k ---...RANK_ I oSSIspri P f e i fA L N r^ A ~ E N II Em, E.' 10 294 ~!tegno t - - —,'Ge1%.i*.:. WT: -.....J 1 —,..... iV ll 1..a... S(.'aU. M 0 NJSIph t A! I4 A:-' c X fMco,r o j' O A",1-11 -- l... AI............. IX. f ~ \6/.\ *L.... / I III II 35l s,t L^^ eJ) o.geffcrson \ 296 SPECIAL LAWS OF TirQNVESSEE. debt, default, or miscarriage, of another person; or to charge any person npo, any agreement made upon consideration of marriage; or upon any contract fao the sale of lands, tenements, or hereditaments, or the making any lease thereof for a longer term than one year; or upon an agreement which is not to be performed within tie space of one year from the making thereof, unless the promise or agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged there. with, or some other person by him thereunto lawfully authorized. Limitation of Actions. ACTIONS of account, and upon the case, except such accounts as concern the trade of merchandise between merchant and merchant, their factors or servants, actions of debt for arrearages of rent; actions of detinue, replevin, and trespass quare clausumfregit, must be brought within three years next after the cause ol action accrues. Any contract or lending, without specialty, within six years from the time the cause of action accrues. Actions of trespass, assault, battery, wounding, and imprisonment, within one year. Actions of slander, within six months. The same limitation applies to bonds, bills, and other securities, made trans ferable by law, after their assignment or endorsement, as is applicable to prolie issory notes. There is the usual saving in favor of infants, femme coverts, and persons not compos mentis, imprisoned, or beyond seas, of the term of limitation, after thw removal of their respective disabilities. Collection of Debts. ATTACHMENT.-When the sheriff shall return that "the defendant is not to bo found in his county," in civil cases, an attachment may issue against the property of a defendant who is a resident of the state. When a creditor makes affidavit that his debtor so absconds or conceals himself that process can not be served on him, or is removing or about to remove himself or his property without the state, or is absconding or concealing himself or hia property, or that he is a non-resident, and states therein the amount of his claim, a writ of attachment may issue against the property of the debtor. Arrest for debt is abolished. Deeds. THESE must be sealed, and attested by two subscribing witnesses. When the wife joins her husband in a conveyance, she must be privately ex. amined, separate from her husband. Form of Acknowledgment. State of Tennessee,? Marion County, s. Personally appeared before me, JOHN JONES, clerk of the county court cn Marion, the within-named JOHN DOE with SUSAN his wife, with whom I am per. sonally acquainted, and who acknowledged that he executed tEe within deed for the purposes therein contained. 8PECIAL LAWS OF TENNESSEE. 297 Witness my hand at office, this tenth day of February, one thousand eight hundred and fifty-one. And SUSAN DOE having also personally appeared before me, privately and apart from her husband, the said JOHN DOE, acknowledged the execution of said deed to have been done by her freely, voluntarily, and understandingly, without compulsion or restraint from her said husband, ana for the purposes therein expressed. Witness JOHN JONES, clerk of said court, at office this tenth day of December one thousand eight hundred andJifty. Acknowledgments may be made before the clerk of any county court in the state. If made out of the state, they may be acknowledged before a notary public under his seal of office, or before a judge of a supreme, circuit, or superior court of any state or territory of the United States. The judge must endorse thereon or append thereto a certificate of such acknowledgment, and the official character of such judge must be certified by the governor of such state or territory under the great seal thereof. Peeds must be recorded in the office of the register of the county where the lands are situated; and only take effect, as to third persons, fiom the time of filing fur record. Rights of Married Women. WHEN any married woman shall, either before or after marriage, become entitled to any interest in any lands, tenements, hereditaments, or other real estate whatever, either by gift, devise, descent, or in any other mode, it shall not be lawful, by virtue of any judgment, decree, or execution against the husband of such married woman to sell or dispose of his interest in the real estate of the wife; or by virtue of the judgment, sentence, or decree, of any court in this state to dispossess or eject the husband and wife from the possession of the real estate of the wife acquired in any manner, either before or after marriage. The exemption of the husband's interest in his wife's lands, shall not extend beyond his wife's life, nor shall the husband sell the same during his wife's lifetime, without her joining in the conveyance in the manner prescribed by existing laws, in which married women shall convey lands. When any person shall die intestate, leaving no heirs-at-law capable of inheriting real estate under the laws of the state, but leaving a widow she is entitled in fee simple to all the real estate of which her husband died seized and possessed, after paying the debts of her husband. DOWER.-A widow is entitled to dower of one third part of the lands, tene ments, and hereditaments, of which her husband died seized or possessed. Rate of Interest. THE legal rate is six per cent.; and the person exacting more is liable to a fine of not less than the amount usuriously taken. Wills. WILLS must be in writing, signed by the testator, or some other person in his presence and by his express direction, and subscribed in the presence of the tea tator by two witnesses, no one of whom is interested in the wilL 298 SPECIAL LAWS OF TENNESSEE. Tennessee Homestead Exemption. THE homestead of every housekeeper or head of a family, residing in this state, to the value of five hundred dollars, consisting of a dwelling-house and out-buildings, and land ap purtenant, occupied by such person as a homestead, shall be exempt from the debts of every such housekeeper, or head of a family, and from attachment and execution, in all' cases where the contract shall be made or cause of action shall accrue after the first of January 1853 except as hereinafter provided. Before any person shall be entitled to the benefits of this act, he or she shall first declare his or her intention of claiming the homestead, by having a declaration or notice of such intention signed, sealed, and witnessed, and duly registered in the register's office in the county in which such homestead may be situated; and the right to the protection against execution being levied on such homestead, shall be only from and after date of such registration. WVhen the real estate is levied upon, the homestead, occupied as such by the head of the family, shall be set apart out of the real estate levied upon, by three disinterested freeholders, and the remainder may be sold. If the homestead can not be divided, the whole may be sold, and five hundred dollars of the proceeds must be paid to the clerk of the court rendering the Judgment, to be used only for the purchase of another homestead; the surplus from the sale to be applied to the payment of thle execution. The widow of a housekeeper, and also in case of a divorce resulting from his misconduct, is entitled to the benefits of this exemption during her widowhood. The same applies to children during their minority. The homestead can not be aliened or mortgaged except by the joint deed of husband and wife, if he be a married man, executed in the usual manner of conveyances, except for payment of the purchase-money agreed to be given therefor. The homestead is subject to sale for all state, county, or corporation taxes, legally assessed thereon. To be entitled to the benefit of this exemption, the person must permanently reside on the premises. The person to whom the homestead is set apart, must, within one year after the delivery of the certified descriplion of the real estate set apart by the freeholders, have the same registered in the rgiste s office of the county wherein such land may be, to obtain a valid title thereto SPECIAL LAWS OF KENTUCKY'. 299 KENTUCKY. Constitution adopted, 1850.-Square Miles, 40,500.-Population in 1550, 993,344, Exemptions. ~' I/: / -. __...if THERE is exempt from levy and sale on execution one work. beast, or yoke of oxen; one plough and gear, one axe, one hoe; l_;%,k}:. two cows and calves; two beds, bedding, and furniture; one loom and spinning-wheels, and cards for the same; all the spun yarn and manufactured cloth and carpeting manufactured by the family, necessary for family use; one pot, one oven, halfdozen plates, half-dozen cups and saucers, one coffee-pot, one goi-liQJJ-/ s g ti~ t # AS;4g teapot, half-dozen knives and forks; one table; the family Bible one saddle and its appendages, one bridle; six chairs, not exceeding eight dollars in value; poultry of their own rearing, or purchased for family use; five head of sheep, and wearingapparel; and to a mechanic his tools, not exceeding one hundled dollars in value; but only one work-beast of any tnechanic who claims his tools, shall be exempt from execution. Also, the stove and appendages, and the cooking utensils. not exceeding twenty-five dollars in value, of any bonafide housekeeper with a family. The officer is also required to set apart to each defendant, by two disinterested housekeepers, as much provisions, including breadstuffs and animal food, and as much wood or stone-coal laid in for family consumption as fuel, as will be sufficient for such defendant and his, or her family, for six months from and after the time of levy. Mechanics' Lien. IN the towns of Bowling-Green,-Russellville, and Owenborough, the city of Maysville, the town of Brandenburgh, the city of Lexington, and in the town of Paducah, the mechanics have a lien for their labor and materials furnished in the construction or repair of any buildings, upon the building and the lot of land on which it is situate, provided they file their amounts in the county court clerk's office within six months from the time they cease to work, and proceed to enforce their lien by suit. In Paducah, they may enforce their lien within one year by bill filed in the M'Cracken circuit court. Chattel Mortgages. CHATTEL mortgages must be acknowledged and recorded the same as deeds of real estate. Law regulating Contracts. No action shall be brought whereby to charge any executor or administrator, upon any special promise, to answer any debt or damages out of his own estate; or whereby to charge the defendant, upon any special promise, to answer for the debt, default, or miscarriage. of another person; or to charge any person upon any agreement made upon consideration of marriage; or upon any contract for the sale of lands, tenements, or hereditaments, or the making any lease thereof for a longer term than one year; or upon any agreement which is not to be performed within the space of one year fron the making thereof; unless the promise or agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or by some other person by him thereunto lawfully authorized. II ^ I ^ ^ I ^ ^ UCao11 39 ______" __.omFA$ i3 Scale ofimiles io__ e3g_^ ^ ^ ^ J/ J[Al^^rt V lAous eneI "',_N'" n ARECKE.- /. Lf ( ~~ / I%4\fc ~Q^^ e G on itchfieq % \CR {T H 0 L ~ Mdordsv #4% ~ 1EN K rymTA N 1; ^^ ^^ ^ -— A d cliOis 11E I w I LtL IAN G~N luWestfllom sevaAinA RAV Sg aq m SIM SO3 10 Lomo. eStio0m IlWaShin 300 81 ^1 6 BJR~' i~W ~u'8,~3 ~dl~ G~dd~B~' ~ 114 C 39w x ei^etner Jo IIa I ^ 3 ~DLaS $i~Ck~i~t~ SS Xar o FLEMG SW Z U RCE-Wes o pn e, TIT iiei n^^ ia v RR I iIT v' nl \3 dt T 26re1 A 3W a J 4 -Le- 8a 1 23reens - -ASTL 1 SEJ ^tiC L^ E~'^1^A ^^ b ve i~i" OA y In S ISEL 302 SPECIAL LAWS OF KENTUCKY. Limitation of Actions. AN action for the recovery of real property can only be brought within fifteen years after the right to bring it first accrued to the plaintiff, or to the person through whom he clains. If, at the time when the right of any person to bring an action for the recovery of real property first accrued, such person was an infant, married woman, or of unsound mind. then auch person, or the person claiming through him, may, notwithstanding the period of fifteen years has expired, bring the action within three years after the time at which the person to whom the right so accrued ceased to be under such disability as existed when the samie so accrued, or died-whichever has happened first. The period within which an action for the recovery of real property may be brought, shall not in any case be extended beyond thirty years from the time at which the right to ibring the same first accrued to the plaintiff, or to the person through whom he claimed, tb reason of any death, or the existence or continuance of any disability whatever. An action upon a judgment or decree of any court of the United States, or of any state or territory within the United States, the period to be computed from the date of the last execution regularly issued thereon; and an action upon a recognizance or a written contract other than one for which a different linitation is hereinafter prescribed, must be brought within fifteen years. An action upon the official bond of a sheriff, marshal, sergeant, clerk, constable, or other public officer or his deputy: an action upon the official bond of a personal representative, guardia.n curator, or committee: at action upon a bond for an appeal, supersedeas, attachnment, injunction, or order of arrest, or for the delivery of property: or a bond for the forthcoming of property, or to obey or perform an order or judgment of a court in an action; or a bond for costs, or any other bond taken by a court or judge, or by an officer pursuant to the direction of a court or judge in an action, or upon a replevin, sale, or delivery bond taken under an execution or warrant of distress: an action upon an indemnifying bond taken under a statute or upon a bond to suspend a proceeding or sale under an execution, or distress warrant, X just be brought within ten years. An action against surety in any recognizance, bond, or contract, except where a shorter period is hereinafte prescribed: an action upon a contract, express or implied, other than one for which a different limitation is herein prescribed: an action upon a liability created by statute other than a penalty or forfeiture: an action for trespass upon real property, for the profits of, or damages for withholding real property; for taking, detaining, or injuring personal property, including actions for the specific recovery thereof; for an injury to the rights of the plaintiff not arising on contract and not hereinafter enumerated: an action upon a bill of exchange, check, draft, or order, or upon a promissory note placed upon the footing of a bill of exchange: an action to enforce the liability of a steamboat or other vessel, in a case in which it is specifically subject, by statute, to the plaintiff's claim: an action upon an account concerning the trade of merchandise between merchant and merchant or their agents: and an action for relief on the ground of fraud, must be brought within five years, An action for an injury to the person of the plaintiff or of his wife, child, ward, or servant other than a slave; for malicious prosecution or arrest; for seduction, criminal conversation, or breach of promise of marriage; upon a statute for a penalty or forfeiture, other than those for which a different limitation is prescribed in this chapter: an action for libel or slander; for the escape of a prisoner arrested or imprisoned on civil process; to enforce the liability of bail, or of a sheriff or other officer as bail, must be brought within one year after the cause of action accrued. And an action upon an account for goods, wares, and merchandise, sold and delivered, or for any article charged in a store account, must be brought within one year. In every such action, the limitation shall be computed from the first day of January next succeeding the respective dates or times of delivery of the several articles charged in the account; and judgment shall be rendered for no more than the amount of such articles as were actually charged or delivered within the year preceding that in which the action is brought. If any merchant or trader shall wilfully post-date any article charged in such account, or the receipt for the delivery thereof, he shall forfeit tenfold the amount of such article, to be recovered by any person, with costs, before a justice, where the penalty does not exceed fifty dollars; and where it does exceed that sum, in the circuit court. Collection of Debts. ARREST.-A defendant in a civil action can be arrested and held to bail only when there Is filed in the office of the clerk of the court in which the action is brought an affidavit of the plaintiff, showing1. The nature of the plaintiff's claim 2. That it is just. 3. The amount or value which the deponent believes the plaintiff ought to recover. 4. That the deponent believes, either that the defendant is about to depart from this state, and, with intent to defraud his creditvor, has concealed or removed fiom this state his property or so much thereof thlaL the process of the court after judgment can not be executed, or that the defendant has money oV SPECIAL LAWS OF KENTUCKY. 303 securities for money or evidences of debt, in the possession of himself or of others for his nse. and is about to depart from this state without leaving property therein sufficient to sat' isfy the plaintiff's claim. There must be a bond executed on the part of the plaintiff by one or more sufficient sureties, conditioned to pay to the defendant all damages if the order be wrongfully obtained, not exceeding double the amount of the plaintiff's claim. ATTACHMENT.-An attachment against the property of the defendant may issue, first, in an action for the recovery of money where the action is against —. A defendant or several defendants, who, or some one of whom, is a foreign corporation or a non-resident of this state: or-2. Who has been absent therefrom four months: or-S. Has departed from this state with intent to defraud his creditors: or-4. Has left the county of his residence to avoid the service of a summons: or-5. So conceals himself, that a summons can not be served upon him: or —6. Is about to remove his property or a material part thereof out of this state, not leavingeaough therein to satisfy the plaintiff's claims: or-7. Has sold, conveyed, or otherwise disposed of his property, or suffered or permitted it to be sold, with the fiaudulent intent to cheat, hinder, or delay his creditors: or-8. Is about to sell, convey, or otherwise dispose of his property, with such intent. But an aitachment shall not be granted on the ground that the defendant or defendants, or any of them is a foreign corporation or a non-resident of this state, for any claim other than a debt or der.aud arising upon contract. Secondly, in an action to recover the possession of personal property where it has been uodered 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 can not be executed by the sheriff. Deeds. THESE must be in writing, and lodged for record in the office of the county court of the county where the isad is situate within eight months. A seal is not necessary. They may be ackuvowledged in any county court, or in the office of any such court, before the clerk thereof Out of the state, before any judge or justice of a superior or inferior court of the county district, or place, where they reside, and out of the United States before the usual official officers, Form of Acknowledgment. State of Kentucky, to t County of Livingston, t wi: Be it remembered, that on thefirst day of October, one thousand eight hundred and ffty. five, before me, at office, JOH JOHJONES, clerk of the county court of said county, personally came JOHN DOE and SUSAN his wife, to me known to be the persons described in, and who executed the foregoing conveyance, and severally acknowledged that they executed the same and the said SUSAN, on an examination by me, privily and apart from her husband, declared that the didfreely and willingly seal and deliver the said conveyance, which was then by nie shown ana aplained to her, and that she owizse not to retract it, and acknowledged it to be her act, and col~sted that it may be recorded. Witness my hand and seal of court, at office, the day and year above written. (Seal) JOHN JONES, Clerk of the County Court of the County of Livingston. Rights of Married Women. THE slaves of a married woman and the increase thereof, and her real estate owned before or acquired after marriage, shall not be liable for the debts of her husband; but are liable for debts by her and her husband jointly created, in writing, for necessaries furnished her or any member of her family. The estate and property of the husband shall not be subject to the payment of any contracts, liabilities; damages, or debts, incurred by the wife prior to her marriage. Rate of Interest. THE legal rate is six per cent. The usurious excess only is void. Wills. WvVtLL to be in writing, signed by the testator or by some other person in his presence and by his directions; and if not wholly written by himself, must be attested by two or more competent witnesses, subscribing their names in his presence I IA 1_ j \ 1 E RCE, -t 4 - - A' l' I I nq-M- u ~VAN WoERT~; Tu ^-'/HARD N4/1~\ ^^y'u'ALMA D2 lR QRf = ==U P, I _^v~~~e S 304 -A~ad7fl~t a - r gf^OAD -Ara L L'L Y Columbus ITON S -rr ~ffr P.i~ A B0n IE NIe M Brt~r IS _, _..n_..___. ru. ~ e- jr ~ v^-'eft7- Ue_ -L%''"~:'l =.' U 11 -t * I i' Wc;. 1~ ~ — -1 I UYH AGEA; A a I N~i5 (1 5^ I -W. I -l' - "1 ~r" O ING 41 *"W * er'''_ II n II t -c -. IE S0 - icsvi n l_ omN I- MO * A G- / A~ FhO^AW 2) v ~ ~ i i -I -o ICr o w____ 9f1l^ 26* 305 306 SbPEITAL LAWS OF OHIO. OHIO. Constitution adopted, 1851. —Square miles, 39,964.-Population in 1850, 1,977,03]. Exemptions. EVERY person who has a family shall hold exempf - ----,-e from execution1. The wearing-apparel of such family; the beds - ~=: —- -_k bedsteads, and bedding, necessary for the use of such family; one stove and pipe, used either for cooking ol for warming the dwelling-house; an amount of fuel sauf ficient for the period of sixty days, actually provided E- ~:&. - and designed for the use of such family. 2. One cow, or, if the debtor own no cow, household furniture, to be selected by the debtor, not exceeding fifteen dollars in value; two swine, or the pork therefiom; or, if the debtor own no swine, household or kitchen furniture, to be selected by the debtor, not exceeding six dollars in value; six sheep, the wool shorn from them, and the cloth or other articles manufactured therefrom; or, in lieu of such sheep, household and kitchen furniture, to be selected by the debtor, not exceed. ing ten dollars in value, and sufficient food for such animals, when owned by the debtor, for the period of sixty days. 3. The bibles, hymn books, psalm-books, testaments, and schoolbooks, used in the family, and all family pictures. 4. Any amount of provisions actually prepared and designed for the sustenance of such family, not exceeding forty dollars in value, to be selected by the debtor; and such other articles of household and kitchen furniture, or either, necessary for the debtor and his family, and to be selected by the debtor, not exceeding thirty dollars in value. 5. The tools and implements of the debtor, necessary for carrying on his trade or business, whether mechanical or agricultural, to be seleoted by him, not exceed2ng fifty dollars in value. In all cases arising under the first section of this act, the amount of beds, bedsteads, and bedding, necessary for the use of such family; the amount of fuel sufiicient for the period of sixty days, actually provided and designed for the use of such family; the amount of food for the use of the animals exempted from execution for the period of sixty days, shall be determined by two disinterested householders of the county, to be selected by the officer holding the execution. And the value of the provisions, household and kitchen furniture, and the tools and implements of the debtor necessary for carrying on his trade or business, by this act exempt from execution, shall be estimated and appraised by said householders. Burial-grotnds, so recorded in the recorder's office of the county where situ ate, or used as such for fifteen years, are exempt from execution; notaries' seal and his registers and official documents, are also exempt. By the homestead law, which went into effect July 4,1850, it is provided that " It shall be lawful for any resident of Ohio, being the head of the family, and not the owner of a homestead. to hold exempt from execution, or sale as aforesaid (see homestead exemption law), mechanical tools, or a team and farming utensils, not exceeding three hundred dollars in value, in addition to the amount of chattel property now exempted. SPECIAL LAWS OF OHIO. 307 Homestead-Exemption Law FROM and after July 4th, 1850, the family homestead of each head of a family shall be exempt fionm sale on execution on any judgment or decree rendered on any cause of action accruing after the taking eflect of this act; provided that such homestead shall not exceed five hundred dollars in value. The sheriff or other officer executing any writ of execution, founded on any judgment or decree such as is mentioned in the first section of this act, on application of the debtor or his wife, his agent, or attorney, if such debtor have a family, and the lands or tenements about to be levied on. or any part or parcel thereof, shall be the homestead thereof, shall cause the inquest of appraisers, upon their oaths, to set off to such debtor, by metes and bounds, a homestead not exceeding five hundred dollars in value, and the assignment of the homestead so made by the appraisers shall be returned by the sheriff, or other officer, along with his writ, and shall he copied by the clerk into the execution docket; and if no complaint be made by either party, no further proceedings shall be had against the homestead, but the remainder of the debtor's lands and tenements, if any more he shall have, shall be liable to' sale on execution, in the same manner as if this act had not passed; provided, that upon complaint of either party, and upon good cause shown, the court out of which the writ issued, may order a re-appraisement and re-assignment of the homestead; provided, also, that in case no application be made as aforesaid during the lifetime of the debtor, such application may be made by the widow of the judgment debtor any time before a sale. On petition of executors or administrators, to sell the lands of any decedent to pay debts, who shall have left a widow and a minor child or children, unmarried and composing part of decedent's family at the time of his death, the appraisers shall proceed to set apart a homestead in the same manner as is provided in the preceding section; and the same shall remain exempt from sale on execution for debts contracted after the taking effect of this act, and exempt from sale under any order of such court so long as any unmarried minor child, or children, shall reside thereon, although the widow may have previously died and the unmarried minor child, or children, actually residing on the family homestead, shall be entitled to hold the same exempt from sale on execution for debts as hereinbefore provided for, although the parent from whom the same descended may have left no wife or husband surviving. Every widower, or widow, having an unmarried minor child, or children, residing with him, or her, as part of his or her family, shall have the benefit of this act, in the same manner as married persons. And married persons, living together as husband and wife, shall be entitled to the exemption in this act provided, although they have no children. Any nerson owning the superstructure of a dwelling-house, occupied by him or her as a family homestead, shall be entitled to the benefit of this act, although the title to the land on which the same may be built shall be in another, and lessees shall be entitled to the benefits of this act, in the same manner as owners of the freehold or inheritance; provided, nothing herein contained shall be construed to prevent a sale of the fee simple subject to such lease. When the homestead of any debtor in executioh shall consist of a house and lot of land, which, in the opinion of the appraisers, will not bear division without manifest injury and inconvenience, the plaintiff in execution shall receive in lieu of the proceeds of the sale of the homestead, the amount, over and above forty dollars annually, which shall be adjudged by the appraisers heretofore mentioned, as a fair and reasonable rent for the same, until the debt, costs, and interest, are paid, the said rent over and above the said forty dollars shall be payable in quarterly payments, commencing three months from the time of the levy of the execution, and the said rent may be paid to the plaintiff in execution or to his assigns, or to the clerk of the court of common pleas of the county in which the said homestead is situated, and the said clerk shall give to the persons paying the same a proper receipt, and enter the same upon the execution docket without charge, and in case the said rent shall not be paid quarter yearly as above provided for or within ten days after each and every payment shall become due, then, in that case, it shall be the duty of the officer to proceed and sell said homestead in the same manner as is provided in other cases for the sale of real estate; provided such homestead shall not be sold for less than its appraised value, and the plaintiff in execution may cause the said homestead to be re-appraised once in two years in the same manner as provided for in the second section of this act, and the said rent shall, after such re-appraisement, be paid in accordance with the said re-appraisement, but in case the said homestead shall not on any such re-appraisement be appraised at least one nundred dollars more than the next previous appraisement, the costs of such re-appraisement shall be paid by the plaintiff in execution. The provisions of this act shall not extend to any Judgment or decree rendered on any contract made before the taking effect of this act, or judgment or decree rendered on any note or mortgage executed by the debtor and his wife, nor any claim for work and labor less than one hundred dollars, nor to impair the lien by mortgage or otherwise of the vender for the purchase-money of the homestead in question, nor of any mechanic or other person, un. der any statute of this state, for materials furnished or labor performed in the erection of the dwellin -house thereon, nor from the payment of taxes due thereon. No sale o? any real estate made under any mortgage hereafter executed and which shall not have been executed by the wife of such debtor, if he have one, shall in any manner affect the right of said debtor's wife or family to have a homestead set off under the provisions of this act. Nothing in this act contained shall be so construed as in any way to impair the right C. dower, as it now exists, or the mode provided by law for enforcing the right. '08 SPECIAL LAWS OF OHIO. Chattel Mortgages. THESE must be immediately deposited with the county recorder when executed in a shire town, or wit] the clerk of the township where the mortgager resides, or if he be not a resident where the property mortgaged is at the time of the execution of the mortgage, or they will be void. Such record is valid for one year only. Law regulating Contracts. No action shall be brought whereby to charge the defendant, upon any special promise, to answer for the debt, default, or miscarriage, of another person; or to charge any executor or administrator, upon any special promise, to answer damages out of his own estate; or to charge any person, upon any agreement made upon consideration of marriage; or upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them; or upon any agreement that is not to be performed within the space of one year from the making thereof; unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing and signed by the party to be charged therewith, or some other person thereunto by him or her lawfully authorized. Mechanics' Lien. ANY person who shall perform labor, or furnish materials or machinery, for constructing, altering, or repairing, any boat, vessel, or other water-craft, or for erecting or repairing any house, mill, manufactory, or other building or appurtenance, by virtue of a contract or agreement with the owner thereof, shall have a lin to secure the payment of the same, upon such boat, vessel, or other water-craft, and-upon such house, mill manufactory, or other building or appurtenance, and the lot of land upon whicn the same shall stand. Every mechanic, or other person, doing or performing any work toward the erection or repair of any house, mill, manufactory, or other building or appurtenance, or the construction, alteration, or repair, of any boat, vessel, or other water-craft, erected under a contract between the owner thereof and the builder, or other person, whether such work shall be performed as journeyman, laborer, carman, sub-contractor, or otherwise, or any person who shall furnish materials for work so done, or materials so furnished, has not been paid and satisfied, may deliver to the owner of such building, or vessel, an attested account of the amount and value of the work and labor thus performed, or the materials thus furnished, and remaining unpaid, and thereupon such owner shall retain out of his subsequent payments to the contractor, the amount of such work or labor, for the benefit of the person so performing the same Any person entitled to a lien under this act, shall make an account in writing of the item of labor, skill, material, and machinery furnished, or either of them, as the case may be, and after making oath thereto within four months from the time of performing such labor and skill, or furnishing such material and machinery, shall file the same in the recorder's office of the county in which such labor, skill, and materials, shall have been furnished, which account, so Inade and filed, shall from the commencement of such labor or the furnishing such materials, and for two years after the completion of such labor or the furnishing of such materials, operate as a lien on the several descriptions of structures and buildings, and the lots on which they stand, in the first section of this act named. When any labor has neen done or materials furnished as provided on a written contract, the same, or a copy thereof, shall be fired with the account herein required. Limitation of Actions. AN action for the recovery of the title, or possession of lands, tenements, or heredita ments, can only be brought within twenty-one years after the cause of such action shall have accrued. Persons under twenty-one years of age, married women, insane, or imprisoned, have the time extended to within ten years after such disability is removed. An action for the forcible entry and detention, or forcible detention only, of real property, can only be brought within two years after the cause of action shall have accrued. Civil actions other than for the recovery of real property, can only be brought within the following periods after the cause of action shall have accrued:An action upon a specialty, or any agreement, contract, or promise in writing, within fifteen years; upon a contract not in writing, express or implied, an action upon a liability created by statute, other than a forfeiture or penalty, within six years. An action 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 plaintiff, not arising on contract, and not hereinafter enumerated; for relief on the ground of fiaud; the cause of action in such case shall not be deemed to have accrued until the discovery of the fraud; within four years. An action for libel, slander, assault, battery, malicious prosecution, or false imprisonment; an action upon a statute for a penalty or forfeiture, within one year, unless a different limitation be prescribed in the statute giving such action. An action upon the official bond or undertaking of an executor, administrator, guard SPECIAL LAWS OF OHIO. 309 lan, sheriff, or any other officer, or upon the bond or undertaking given in attachment, Iljunction, arrest, or in any case whatever required by statute, can only be brought within ten years after the cause of action shall have accrued; unless, in special cases, a sifferent limitation is presumed by statute. An action for relief, not hereinbefore provided for, can only be brought within ten years after the cause of action shall have accrued. If a person, entitled to bring any action mentioned in this act, except for a penalty, or forfeiture, be, at the time the cause of action accrued, within the age of twenty-one years, a married woman, insane, or imprisoned, every such person shall be entitled to bring such action within the respective times limited after such disability shall be removed. If, when a cause of action accrues against a person, he be out of the state, or have absconded, or concealed himself, the period limited for the commencement of the action shall not begin to run until he comes into the state, or while he is so absconded or concealed; and if, after the cause of action accrues, he depart from the state, or abscond, or conceal 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. Where the cause of action has arisen in another state or country between non-residents of this state, and by the laws of the state or country where the cause of action arose, an action cannot be maintained thereon by reason of lapse of time, no action can be maintained thereon in this state. If an action be commenced within due time, and a judgment therein for the plaintiff be reversed, or if the plaintiff fail in such action otherwise than upon the merits, and the time limited for the same shall have expired, the plaintiff, or, if he die and the cause of action survive, his representatives may commence a new action, within one year after such reversal or failure. In any case founded on contract when any part of the principal or interest shall have been paid, or an acknowledgment of an existing liability, debt, or claim, or any promise to pay the same, shall have been made in writing, and signed by the party to be charged thereby, an action may be brought on such case within the period prescribed for the same, after such payment, acknowledgment, or promise. Collection of Debts. ARREST. —A defendant in a civil action can be arrested before and after judgment in the following manner only: The clerk will make an order of arrest where an affidavit of the plaintiff, his agent or attorney, made in this state, is filed, stating the nature of the plaintiff's claim, that it is just, and the amount thereof, and establishing one or more of the following particulars: 1st. That the defendant has removed or began to remove any of his property out of the jurisdiction of the court with intent to defraud his creditors; 2d. That he has property or right of action which he fraudulently conceals; 3d. 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; 4th. That he fraudulently contracted the debt or incurred the obligation for which the suit is about to be or has been brought. ATTACHMENT.-The plaintiff may, at or after the commencement of an action, have an attachment against the property of the defendant, upon establishing any of the causes upon which an order of arrest would issue, and also for one or more of the following causes: 1st. When the defendant is a non-resident of the state or is a foreign corporation; 2d. When he has absconded with intent to defraud his creditors; 3d. When he has left the county of his residence to avoid the service of a summons; 4th. When he to conceals himself that a summons can not be served upon him. An attachment can issue upon an affidavit similar to that for an order to arrest. A written undertaking with security that the plaintiff shall pay the defendant all damages, if the arrest or attachment is wrongfully obtained, must first be given. Creditors will take precedence according to the order in which their attachments issue. All property, notes, accounts, stocks, &c., may be attached, The attachment will be discharged upon the defendant giving bail. No person is disqualified as a witness by reason of his interest as a party or otherwise. Either plaintiff or defendant may be examined as a witness, either for or against himself. Deeds. A SCRAWL of the pen may be used instead of a seal. A conveyance of interest in lands must be signed and sealed by the grantors, and such signing aipd sealing acknowledged before two witnesses, who shall attest such signing and sealing, and subscribe their names to such attestation, and such signing and sealing, also acknowledged by tie grantors before a judge of the supreme court, of common 310 SPECIAL LAWS OF OHIO. pleas, notary public, a justice of the peace, within the county in which he may reside, mayor or other presiding officer of any incorporated town or city, who shall certify such acknowledgment on the same sheet on which such deed, &c., may be printed or written. When a husband and wife, she being eighteen years of age or upward, shall execute within this state any deed, &c., for the conveyance or incumbrance of the estate of the wife or her right of dower in any lands, &c., situate within this state, such deed, &c., shall be signed and sealed by the husband and wife, and such signing and eealing shall be attested and acknowledged in the manner prescribed in section first; and in addition thereto, the officer before whom such acknowledgment shall be made shall examine the wife separate and apart from her husband, and shall read or otherwise make known to her the contents of such deed, mortgage,orother instrument of writing; and if, upon such separate examination, she shall declare that she did voluntarily sign, seal, and acknowledge the same, and that she is still satisfied therewith, such officer shall certify such exanination and declaration of the wife, together with the acknowledgment as aforesaid on such deed, &c., and subscribe his name thereto. All deeds, powers of attorney, &c., for the conveyance or incumbrance of lands, &c., situate within this state, executed and acknowledged or proved in any other state, territory, or country, in conformity with the laws of such state, &c., or of this state, shall be as valid as if executed within this state, in conformity with this act. The governor of the state may appoint commissioners to take acknowledgment of deeds, depositions, &c., residing out of the state to convey lands, or to be used in the state. Form of Acknowledgment. State of Ohio, Cuyahoga County, } so. April 24, 1851. Personally appeared SAM HILL and MARY his wife, who acknowledged that they did sign and seal the foregoing instrument, and that the same is their free art and deed. further certify that Idid examine the said MARY HILL separate and apast from her said husband, and did then and there make known to her the contents of the foregoing isitrument; and upon that examination she declared that she did voluntarily sign, seal, and acknowledge the same, and that she was still satified therewith. (Seal.) JOHN ROGERS, Notary. Rights of Married Women. The interest of any married man in the real estate of his wife, and the interest he may have in any chose in action, demand, legacy, or bequest of his wife unless the same shall have been reduced to possession, together with all articles of furniture of hers given her by bequest or otherwise, or bought with her money, before or after marriage, are exempt from liability for the husband's debts. DOWER.- A widow is endowed of one full and equal third part of all the lands, tenements, and real estate, of which her husband was seized at any time during the coverture. Rate of Interest. THE legal rate is six per cent. On written agreement, any rate as high as ten per oent. If more be reserved, the excess is void. Wills. ANY person of full age and sound memory, having an interest in lands, tenements, or hereditaments, or any annuity or rent charged upon or issuing out of the same, or any goods, chattels, rights, credits, choses in action or possession, or any other property of any description whatever, may give and devise the same to any person, by last will and testament, lawfully executed. Every last will and testament (except noncupative wills), shall be in writing, and signed at the end thereof, by the party making the saine, or by some other person in his presence, and by his express direction, and shall oe 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. A verbal will, made in the last sickness, shall be valid in respect to personal estate, if reduced to writing, and subscribed by two competent disinterested witnesses, within ten days after the speaking of the testamentary words; and if 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 the testamentary words were spokeni to bear testimony to said disposition as his will SPECIAL LAWS OF MICHIGAN. 31 MICHIGAN. Constitution adopted 1850-Square Miles 56,243-Population in 1850, 395,57& Exemptions. THE following property is exempt from levy and sale under any execution or upon any other final proSi i J cess of a court. All spinning-wheels, weaving-looms, with the apparatus, and stoves put up or kept for use in any dwelling-house; a seat, pew, or slip, occupied by any person or family, in any house or place of worship; all cemeteries, tombs, and rights of burial while in use as repositories of the dead; all arms and accoutrements required by law to be kept by any person; all wearing apparel of every person or family; the library and schoolbooks of every individual and family, not exceeding one hundred and fifty dollars, and all family pictures. To each householder, ten 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; to each householder all household goods, furniture, and utensils, not exceeding in value two hundred and fifty dollars; a sufficient quantity of hay, grain, feed, and roots, for properly keeping for six months the animals exempted as aforesaid; and any chattel mortgage, bill of sale, or lien, created on any property exempted, except what is specified in the next section, shall be void unless the same is signed by the wife. The tools, implements, materials, stock, apparatus, team, vehicle, horse, harness, or other things, to enable any person to carry on the profession, trade, occupation, or business, in which lie is wholly or principally engaged, not exceeding in value two hundred and fifty dollars." By the corstitution, the personal property of every resident of this state, to consist of such property only as shall be designated by law, shall be exempted to the amount of not less than five hundred dollars, from sale on execution or other final process of any court issued for the collection of any debt contracted after the adoption of this constitution, January 1, 1851. Homestead-Exemption Law. A HOMESTEAD consisting of any quantity of land not exceeding forty acres, and the dwelling-house thereon and its appurtenances, to be selected by the owner thereof, and not included in any recorded town-plat, or city, or village; or instead thereof, at the option of the owner, a quantity of land not exceeding in amount one lot, being within a recorded town-plat, or city, or village, and the dwelling-house thereon and its appurtenances, owned and occupied by any resident of this state not exceeding in value fifteen hundred dollars, by the constitution of 1851), shall not be subject to forced sale on execution, or any other final process from a court, for any debt or debts, growing out of or founded upon contract, either express or implied, made after the third day of July, in the year of our Lord, one thousand eight hundred and forty-eight. Said homestead is exempt during the minority of his children, and if no children but widow, it shall be exempt, and rents and profits thereof shall accrue to her during her widowhood, unless she is the ownle of a homestead in her own right-provided either shall actually occupy it. * The property exempted in this division, except mechanical tools, and implements ox husbandry, are not exempt from execution in judgment for purchase-money of toe same. AA::~:''! 4. ~ "~ ~OSCODA!' ~ AccI L0b,0 NAA - OMEENA OI OR t6le.-.. mi..ss o -r.. i A, R,,~~'14 OSGEOLA 4A'LA K Ei LA P. El calls-ALLCA t 1id* LAN OCEANA iABE LLA - scuiruv SclA ~ -'/-~ —-,l-;JoNT-'~,. - -7......A. NI r~ fH I O~. —.- ____ I I' 4 1 GRAIOT:: ~, ~ I ~ "CAL:M,GcRAT"~iaALl - 43 ~ ~ NT N;lo P4 S~~o A i ~ I 0 N "_::::::..ZZ'~,,, L~~ VIGS.U "1 taf BARRY N 00A` W~-~.~ _~,~" ~.~~.LAMA.3laC: W...... S,~. a- l.. ~ ~__~,,~~_.:~.::- I ~~~~~~A N Aie #/- -~~ 9 1 S.olow. est-&o`Cm es s 110 8 0 CHIGAI__N_ I I ~ ao~~~~~~l 2 30 40 50 6, 3 lls14 WESTERN PART ~ffitnrllo:-~~~~~~~~f noi }<94 1c 1 -/1 > W= lo 4 A 3C 46 c at b 1E L - A ~ /9~~~~~~/~~~~ ~.' r=S! ~ t > }' aI tS t 3~:MICHI LI'E MflC~"-A - T AM: - -- -: -- SE 1V d.1" XI:4 I 7r__ _ 4____M__- A DO M - 314 SPECIAL LAWS OF MICHIGAN. Such exemption shall not extend to any mortgage thereon lawfully obtained but such mortgage or other alienation of such land by the owner thereof, if a mar ried man, shall not be valid without the signature of the wife to the same, ur. less such mortgage shall be given to secure the payment of the purchase-money or some portion thereof. Whenever a levy shall be made upon the lands or tenements of a householder, whose homestead has not been selected and set apart by metes and boaluds, such householder may notify the officer, at the time of making such levy, of what he regards as his homestead, with a description thereof, within the limits above p~escribed, and the remainder alone shall be subject to sale under such levy. If the plaintiff in execution shall be dissatisfied with the quantity of land selected and set apart as aforesaid, the officer making the levy shall cause the sanm to be surveyed, beginning at a point to be designated by the owner, and set off in a compact form, including the dwelling-house and its appurtenances, the amount specified in the first section of this act, and the expense of said survey, shall be chargeable on the execution, and collected thereupon. After the survey shall have been made, the officer making the levy may sell the property levied upon, and not included in the set-off, in the same manner as provided in other cases for the sale of real estate on execution; and in giving a deed of the same, he may describe it according to his original levy, excepting therefrom by metes and. bounds, according to the certificate of the survey, the quantity set off as aforesaid. Any person owning and occupying any house on land not his own, and claiming suchhouse as his homestead, shall be entitled to the exemption as aforesaid. Nothing in this act shall be considered as exempting any real estate from taxation or sale for taxes. Mechanics' Lien. EVERY building shal be subject to the payment of the debts contracted for work or material in the erection and construction thereof, when the building or any part thereof, is constructed under contract entered into by the owner with any person to do work or furnish materials; provided such lien shaP not attach anless the contract is made in writing and signed by the owner of such building or by some person duly authorized by him, and recorded in the registry of deeds for the county where the land lies. Every person fornishing labor or materials for erecting or repairing any build. ing or the appurtenances thereof by contract with the owner of any piece of land, shall have a lien on the whole piece of land, not exceeding one hundred and sixty acres, for the amongt due ihm therefor; provided the contract is nh writing, and signed by the owner of the land or some one duly anthorized by him, and recorded in the registry of deeds for the county where the land lies. The lien ceases at the expiration of six months after the time when the money or the last instalment shall become payable, unless a suit shall have been coamenced to enforce such lien within said six months. Chattel Mortgages. Every such mortgage shall cease to be valid, as against the creditors of the person making the same, or subsequent purchasers and n.rtgages in good fittlh after the expiration of one year from the filing of the same, or a copy lhereof, unless within thirty days next preceding the expiistion of the year, the mortgagee, his agent or attorney, shall make and annex to the inistrnieiit or ropyv on file as aforesaid, an affidavit, settin forth the interest which the mortgaaree has, by virtue of said mortgage, in the property therein mentioned; upon -which affidavit the township or city-clerk shall endorse the time when the same was filed! Provided, That such affidavit being made and filed before any purchase of such mortgaged property shall be made, or other mortgage received or lien obtained thereon in good faith, shall be as valid to continue in effect such mortgage, as if the same were made and filed within the period as above provided. SPEC('AI. IAWS O~F MICHIGAN. 315 Law Regulating Contracts. IN the following cases, every agreement, contract. and promise, shall be void, unless the same, or some note or memorandum thereof, be in writing, and signed by the party to be charged therewith, or by some person thereunto by him lawfully authorized:1. Every agreement that, by its terms, is not to be performed in one year from the making thereof. 2. Every special promise to answer for the debt, default, or misdoings of another person. 3. Every agreement, promise, or undertaking, made upon consideration of marriage, except mutu!al promises to marry. 4. Every special promise made by an executor or administrator to answer damages out of his own' estate. No contract for the sale of any goods, wares, or merchandise, for the price of fifty dollars or more, shall be good or valid, unless the purchaser shall accept and rceive part of the goods so sold, or shali give something in earnest to bind the bargain, or in part payment, or unless some note or memorandum in writing of the bargain be made and signed by the party to be charged thereby or by some person thereunto by him lawfully authorized. No action shall be brought to charge any person upon or by reason of any favorable representation or assurance made concerning the character, conduct, credit, ability, trade, or dealings, of any other person, unless such representation or assurance be made in writing, and signed by the party to be charged thereby, or by some person thereunto by him lawfully authorized. The consideration need not be expressed in such written contract, note, or memorandum. Limitation of Actions. THE following actions must be brought within six years after the cause of action accrues:1. All actions of debt, founded upon any contract or liability not under seal, except such as are brought upon the Judgment or decree of some court of record of the United States, or of this or of some other of the United States. 2. All actions upon judgments rendered in any court other than those above excepted. 3. All actions for arrears of rent. 4. All actions of assumpsit or upon the case, founded on any contract or liability, express or implied. 5. All actions of waste. 6. All actions of replevin and trover, and all other actions for taking, detaining, or injuring, goods or chattels. 7. All other actions on the case, except actions for slanderous words or for libels. All actions for trespass upon land, or for assault and battery, and for false imprisonment, and slanderous words and libels, shall be commenced within two years. All personal actions upon other contracts must be brought within ten years, and not after. Infants, femme coverts, persons insane, imprisoned, or absent from the United States, at the time any cause of action accrues on their behalf, may bring the same within the times respectively limited after the removal of their disability. The foregoing limitations do not apply to bills or notes issued by a bank. In cases of mutual account, the cause of action shall be deemed to have accrued at the time of the last item proved. W hen any person is absent from the state at the time a cause of action accrues against him, or subsequently leaves the state, such period of absence is not to be computed. In actions upon any contract, no promise or acknowledgment shall take a case out of the operation of the statute, unless the same is made or contained by or in aoie writing; nor can one of two or more joilt contractors or executors deprivs the other of the benefit of the statute, by any written acknowledgment. 316 SPECIAL LAWS OF MICHIGAN. Collection of Debts. AKREST -No person shall be arrested on demand arising out of contract, except promises to marry, or for moneys collected by any puilic oflicer, or for any misconduct or neglect in office or in any professional employment, unless satisfactory evidence is adduced by the affidavit of the plaintiff or some other person, that there is a debt due the plaintiff from the defendant, specifying the nature and amount thereof as near as may be, for which the defendant can not be arrested, and establishing1. That the defendant is about to remove any of his property out of the jurisdiction of the court in which suit ibhrought, with intent to defraud his creditors; or, 2. That the defendant has property, or rights in action, or some interest in any public or corporate stock, money, or evidence of debt, which he unjusily retuses to apply to the payment of such judgment or decree as shall have been rendered against him, or which he fraudulently conceals; 3. That he has assi gned, rernmoved, or disposed of, or is about to dispose of, any of his property or ri'ghts in action, with the intent to defraud his creditors; or, 4. That the defendtlant frauduleItly contracted the debt or incurred the obligation respecting which suit is brought. ATTACHMENTr.-Upon an affidavit being made by the creditor or some person in his behalf, stating that the defendant is justly indebted to the creditor in a sum therein mentioned according to the belief of the deponent, and being more than one hundred dollars, and that the same is due upon a contract, express or implied, or a judgment rendered on such contract; and further, that, deponent knows or has good reason to believe, either1. That the defendant has absconded, or is about to abscond, fiom this state, or that he is concealed therein to the injury of his creditors; 2. That defendlant has assigned, disposed of, or concea.led, or is about to assign, dispose of, or conceal, any of his property, with intent to defraud his creditors; 3. That defendant has removed, or is about to remove, any of his property out of this state, with intent to defraud his creditors; 4. That he fraudulently contracted the debt, or incurred the obligation, respecting which, suit is brought; 5. That the defendant ldoes not reside in this state, and has not resided therein for three months immediately preceding the time of making application for such attachment; or, 6. That defendant is a foreign corporation. The clerk of the circuit court shall issue an attachment against the goods, chattels, lands, tenements, rights, credits, moneys, and effects, of the defendant. Deeds. CONVEYANCES of lands, or of any estt;e or interest therein, may be made by deeds, 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 and recorded as directed (below), without any other act or ceremony whatever. 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; but the wife shall not be bound by any covenant contained in such joint deed. Deeds executed within this state, of lands, or any inte-st in lands therein, shall be executed in the presence of two witnesses, who shall subscribe their names to the satne as such, and the persons executing such deeds may acknowledge the execution thereof before any judge or commissioner of a court of record, or before any notary public, justice of the peace, or master in chancery within the state, and the officer taking such acknowledgment, shall endorse thereon a certificate of the acknowledgment, and the time and date of making the same, under his hand. If any such deed shall be executed in any other state, territory, or district, of the United States, such deed may be executed according to the laws of such state, territory, or district, and the execution thereof may be acknowledged before any judge of a court of record, notary public, justice of the peace, master in chancery, or other officer authorized by the laws of such state, territory, or district, to take the acknowledgment of deeds therein, or before any commissioner appointed by the governor of this state for such purpose. SPECIAL LAWS OF MICHIGAN. 317 In the cases provided for in the last preceding section, unless the acknowledgment ore taken before a commissioner appointed by the governor of this state for that purpose, such deed shall have attached thereto a certificate of the clerk, or other proper certify ing officer of a court of record of the county or district within which such acknowl. edgment was taken, 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 subscribed thereto t) be genuine, and that the deed is executed and acknowledged according to the laws of such state, territory, or district. if such deed be executed in any foreign country it may be executed according to the laws of such country, and the execution thereof may be acknowledged befte any notary public therein, or before any minister plenipotentiary, minister extraordinary, minister resident, charge d'affaires, commissioner, or consul of the United States, appointed to reside therein; which acknowledgment shall be certified thereon by the officer taking the same, under his hand, and if taken before a notary public, his seal of office shall be affixed to such certificate. When any married woman residing in this state, shall join with her husband in a deed of conveyance of real estate, situate within this state, the acknowledgment of the wife shall be taken separately, and apart from her husband, and'she shall acknowledge that she executed such deed freely and without any fear or compulsion from any one. When any married woman not residing in this state, shall join with her husband in any conveyance of real estate, situate within this state, the conveyance shall have the same effect as if she were sole, and the acknowledgment or proof of the execution of such conveyance by her, may be the same as if she were sole. Deeds mist be recorded by the register of deeds in the county where the lands lie. A scrawl of the pen may be used as a seal. Form of Acknowledgment. State of Michigan, County of Wa/yne, Be it remembered, that on this eighteenth day of March, one thousand eight hundred and fifty-one, before me, JOHN JONES, a notary public in and for said county, personally came the above (or wvithin) named JOHN DOE, and SUSAN DOE his wife, known to me to be the persons who executed the foregoing instrument, and acknowledged the same to be their free act and deed; and the said SUSAN, wife of the said JOHN DOE, on a private examination, before me, separate and apart from her said husband, acknowledged that she executed the same freely, and without any fVr or compulsion from any one. (Seal of Officer.) JOHN JONES, Notary Public. Rights of Married Women. All property acquired by any female before marriage,or to which she may be entitled afterward, continues her separate property, and is not liable for her husband's debts but is liable for her own debts contracted before marriage. The real and personal estate of every female acquired before marriage, and all property to which she may afterward become entitled by gi t, grant, inheritance, or devise, shall be and remain the estate and property of such fem-;ale, and shall not be liable for the debts, obligations, or engagements, of her husband, and may be devised and bequeathed by her, and may be contracted, soTd, transferred, mortgaged, and conveyed in like manner as if she were unmarried. Actions may be brought by and against a married woman in relation to her sole property in the same manner as if she were unmarried. The husband is not liable to be sued upon any contract made by his wife relating to her sole property. DowER. —The wife is entitled to dower in all lands of which her husband was,seized of an estate of inheritance during coverture, if not released by her. Rate of Interest. THE legal rate is seven per cent., with permission to agree upon any rate nothigher than ten per cent. for a loan of money. Contracts are only void for the excess beyond this rate. Wills. WILLS must be In writing, subscrited by the testator, or by some person in his presence and by his express direction, attested and subscribed in the presence of the testator by two or more competent witnesses. 27* E~~ ) — 9 l | > ^f?' i"> ~-r~,c,.r-~ — ~ I A_-__ ^i M | 1 1-4 C tin ^1 I fw I*1 ^t R t^ a; *^^ tDAR A n DRIC\ ^ 3,prn^t~jpt ^I, v ),u,vLg i l > OX POSYon:ers %e\ P, j S^ U.1 1^, 7.. -.o' ~ L ^^ <, IG E E 7W\,,HA I A lI:N..XJ A C~/. — A ^^)l~d F ENC^P~ (^1 F E Iole ~ILOYD!!' ~ JV 110 -LontOZinide Tregt from l Mas7d"."UMt - - QaST. RTILA G,,NE g' C'A E AL eri M WiWar CHI G A 41m3^^,1.,,, a,,C.,,,,ey ~, i''~ WH {VHI~TEL19 e'lid, JL^ ~ ^ ^^^^miLTQn I'j'': ~'.I'.I L Is1l { -^1' frai% a \; F T R II"I III l~a ~ — IWA CRE Ik a giD: b ITIP O L4e'M I-'"""''-"' i 1 I1Ba oon DO)I'1-/C -^^ \Uit 1\j F 0 ~ —tigpor 320 SPECIAL LAWTS tFP IfNI)ANA, INDIANA. Constitution adopted, 1851. —Square Miles, 33,809.-Population in i'.V. -8,41i IHousehold and Homestead Exemptions..1. An amount of property not exceeding in value threhundred dollars, owned by any resident householder, shall not be liable to sale on execution or any other final process from a court, for any debt growing out of or founded upon contract, express or implied, after the fourth of July, 1852. 2. The said property may be real or personal, or both, as the debtor may elect. 3. No mortgage or sale of any real estate exempted undeo the provisions of this act, shall be valid, if executed by a married man, unless the deed be acknowledged by the wife in due form of law. 4. Such exemption shall not affect any laborer's or mechanic's lien, nor lien for purchased money of real estate exempted under this act. 5. For the appraisement of an? property to be exempted under the provisions of this act, two disinterested householders of the neighborhood shall be chosen, one by the plain. tiff, his agent, or attorney, and one' by the execution debtor, and these two in cases of disagreement, shall select a third; and in case either party fails to select an appraiser, the same shall be selected by the officer holding the execution. 6. Such appraisers shall proceed forthwith to make a schedule of the real and personal property selected by the debtor, describing the real estate by metes and bounds, and the personal property by separate items, affixing to each the value they agree upon; and they, or a majority of them, shall affix to the schedule so made an affidavit in substance as follows: "We the undersigned, swear that in our opinion, the above is a just cash valuation of the property therein described." 7. Such schedule shall be delivered to the officer holding the execution or other process, and shall be by him returned with such execution, or other process, and lade part of such return. 8. Each appraiser, for his services, shall be allowed the sum of fifty cents to be paid by the execution debtor. 9. If any execution debtor shall claim property as exempted by virtue of this act, he shall elect whether he will claim personal or real property, or both, and shall designato the property so claimed. 10. If such claim include personal property only, the officer holding such execution shall cause the same to le appraised and set apart to the debtor, and shall proceed to set such other property, if any, as may be liable to said writ, according to law. 11. If any such claim include both personal and real property, the officer shall proceed to have such personal property valued and shall set the same apart to the debtor; he shall then cause the real property claimed as aforesaid to be valued; and if the same togetherwiti the personal property set apart, shall exceed three hundred dollars, the debt. or shall within sixty days thereafter, pay such excess, or enough to satisfy the execution and if he fail to do so, the officer shall proceed to sell the same as other lands are sola on execution if his writ shall authorize the sale of real property; but malhig such sale, he shall receive no bid therefor, unless it exceed the difference between three hundred dollars.and the personal property so valued and set'apart; and if he shall sell said property, he shall pay over to the debtor the amount of said difference, and apply so much of the remainder on the execution as shall satisfy the same, and the overplus, if any shall be paid to the debtor or other party having the next right. 12. ii' the claim include real property only, the same shall be valued, and if it exceed three hundred dollars, it shall be dealt with as is specified in respect to real property in the last preceding section. 13. In all cases in which real property is sought to be exempted from sale on execution if such real property is susceptible of division by metes and bounds, without material injury thornto, it shall be so divided as to exempt the principal dwelling-house or home. stead of the debtor. 14. Nothing in this act shall be considered as exempting any property from taxation os from sale lor taxes. Only one hundred and twenty-five dollai s' worth of property is exempt from exeen tion for debts contracted before July 4th, 1852. For MIECHANICS' LIEN, see page 324 SPECIAL LAWS OF INDIANA. 321 Chattel Mortgages. No assignment of goods and chattels, by way of mortgage or security, or up. on any condition whatever, shall be valid against any other person than the parties thereto, where the possession of such goods and chattels is not delivered to the mortgagee or assignee, and retained by him, unless such assignment shall be proved or acknowledged as provided in cases of deeds of conveyance, and recorded in the recorder's office of the county where the mortgager or assignor resides, within ten days after the execution thereof. Law regulating Contracts. No action shall be brought1. To charge an executor or administrator, upon a special promise, to answer damages out of his own estate; or2. To charge any person, upon any special promise, to answer for the debt, default, or miscarriage, of another; or3. To charge any person upon any agreement or promise made in considers tion of marriage; or4. To charge any person upon any contract for the sale of lands, tenements, or hereditaments, or any interest in or concerning them; or5. Upon any agreement that is not to be performed within one year from the making thereof; unless the promise, contract, or agreement, upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to -be charged therewith, or by some person thereunto by him lawfully authorized, excepting leases not exceeding the term of three years. The consideration need not be expressed in the writing. No action shall be niaintained to charge any person upon or by reason of any representation or assurance made concerning the character, conduct,credit, ability, trade, or dealings, of any ot:er person, when such action is brought by the person to whom such representation or assurance was made, unless such representation or assurance be made in writing, and signed by the party to be charged thereby, or by some person thereunto by him lawfully authorized. - No contract for the sale of any goods, wares, or merchandise, for the price of fifty dollars or more, shall be good or valid, unless the purchaser shall accept and receive part of such property so sold, or shall give something in earnest to bind the bargain or in part payment, or unless some note or memorandum in writing of the balrgain be made and signed by the party to be charged thereby, or by some person thereunto by him lawfully authorized; Limitation of Actions. ACTIONS on accounts and contracts not in writing; for use, rents, and profits of real property; for injuries to property, damages for any detention thereof, and for recovering the possession of personal property; and for relief against frauds, must be commenced within six years after the causeof action has accrued. Also, an action against an officer, or his legal representatives, for money collected ii an official capacity, and not paid over, must be brought within six years. Actions for injuries to person or character, and for a forfeiture or penalty given by statute, must be commenced within two years. Actions against a sheriff or public officer, or against such officer and his sureties on a public bond, growing out of a liability incurred by doing an act in an official capacity, or by the omission of an official duty, must be commenced within three years. 322 SPECIAL LAWS OF INDIANA. Actions for the recovery of real property sold on execution, brought by the exe cution debtor, his heir, or any person claiming under him by title acquired after the date of the judgment, must be commenced within ten years after the sale. Actions for the recovery of real property sold by execution, administrators, guardians, or commissioners of a court, before a judgment specially directing the sale of property sought to be recovered, brought by a party to the judgment, his heirs, or any person claiming a title under a party, acquired after the da..te of the judgment must he commenced within five years after the sale is confirmed. Actions upon contracts in writing, judgments of a court of record, and for tbhl recovery of the possession of real estate, must be commenced within twenty years. All actions not limited by any other statute, shall be brought within fifteen years. In an action brought to recover a balance due upon a mutual, open, and current account between the parties, the cause of action shall be deemed to have accrued from the date of the last item proved in the account on either side. A party to any action may plead as reply a set-off as payment to the anount of any cause of action or defence, notwithstanding such set-off or payment is barred by the statute. Any person being under legal disabilities when the cause of action accrues may bring his action within two years after the disability is removed. The time during which the defeudant is a non-resident of the state, or absent on public business, shall not be computed in any of the periods of limitation. Collection of Debts. ARREST.-Actions brought for the recovery of any debt, or for damages only, may be commenced either by the issuing of a capias ad respondendu7m or by a summons. Special bail shall not be required in any case until the plaintiff, his agent or attorney-at-law, shall make and file, with the clerk or court where suit is instituted, an affidavit specifying the plaintiff's rights to recover an existing debt or damages from the defendant, and also stating that he believes the defendant is about to leave the state of Indiana, taking with him property subject to execution, or money or effects which should be applied to the payment of the plaintiff's debt or damages, with intent to defraud said plaintiff. No capias ad respondendum shall be delivered to any officer to be executed until an order for special bail has been obtained and endorsed on such writ. ATTACHMENT.-The real and personal property of a debtor, being an inhabitant of this state, may be attached for the payment of his debts, whenever such debtor shall be secretly leaving the state. or shall have left the state, with intent to defraud Itis creditors, or to avoid the service of civil process, or shall keep himself concealed so that process can not be served upon him, with intent to delay or defraud his creditors. No writ of attachment shall issue against any debtor while the wife and family of such debtor shall be and remain bonafide settled within the county where lis usual place of residence may have been prior to his absence, if such debtor shall not continue absent from the'state more than one year after he shall have absented himself, unless an attempt shall be made to conceal such debtor's absence, or unless such debtor shall be secretly transferring, conveying, or removing his property or effects, by which the payment of his debts maybe evaded. If the wife or family of such debtor shall refuse to give an account of the cause of his absence, or of the place where he may be, or shall give a false account of either, or shall be unable to account for his absence, or to tell where he may be found, such refusal, false accounts, or inability to account for his absence, or to tell where he may be found, shall be deemed and construed an attempt to conceal his absence. SPECIAL LAWS OF INDIANA. 323 Deeds. A SCRAWL of the pen may be used fur a seal. To entitle any deed, conveyance, mortgage, or instrument in writing, to be recorded, it shall be acknowledged by the party or parties executing the same, or shall be proved by a subscribing witness thereto, &c., before any judge or clerk of a court of record, justice of the peace, recorder, notary public, or mayor of a city, within this state, or before any judge of a supreme or circuk court or court of common pleas, justice of the peace, or mayor or recorder of a city, or notary public of any other state, or before any commissioner appointed by the governor of this state in another slate for such purpose, or before any minister charge d'affaires, or consul of the United States, in any foreign country. Form of Acknowledgment. State of Indiana, to wit County of Harrison, to wit: Be it remembered, that on this tenth day of October, one thousand eight hun. dred and fifty, before me, JOHN JONES, a notary public in and for said county, personally appeared JOHN DOE and SUSAN his wife, and severally acknowledged the foregoing instrument to be their act and deed; and the said SUSAN, on fz private examination, separate and apart from and without the hearing of her husband, I having first freely made known to her the contents and purport thereof, acknowledged to me that she executed the same of her own free will and accord, and without any coercion or compulsion from her said husband. Witness my hand and notarial seal of office, the day and year first above written. (Seal.) JOHN JONES, Notary Public. The acknowledgment of the execution of any-deed or conveyance by which a married woman releases her dower in any lands conveyed or assigned by her husband, or by which the husband and wife convey the real estate of the wife, may be taken before any officer herein authorized to take the acknowledgment of deeds; but such officer shall first make known to her the contents and purport of such deed or conveyance, and she acknowledge on a private examination, separate and apart from, and without the hearing of her husband, that she executed such deed or conveyance of her own free will and accord, and without any coercion or compulsion from her husband; all of which shall be certified by such officer in his certificate of such acknowledgment. Without such acknowledgment and certificate, her dower will not be barred, nor her interest conveyed. The deed must be recorded in the county where the land is situate, within ninety days. It is better to record it at once. Rights of Married Women No real estate whereof any married woman was or may be seized or other wise entitled'to, at the time of her marriage, or which she has or may fairly acquire during her coverture, or any interest therein, shall be liable for the debts of her husband; but the same, and all interest therein, and all rents and profits arising therefrom, shall be deemed and taken to be her separate property, free and clear from any and all claim or claims of the creditors or legal representatives of her husband, as fully as if she had never been married; provided this law shall not be so construed as to apply to debts contracted by such married woman before such marriage, but in all cases her said property shall be first liable therefor. DOWER.-The widow shall be endowed of one full and equal third part of a} 324 SPECIAL LAWS OF INDIANA. the lands the legal title to which was in her husband, or in any person to and fhB his use and benefit at any time during the coverture, unless such right of dowes has been legally barred. Rate of Interest. THE legal rate of interest is six per cent. Usurious interest can not be recovered; and if paid, may be-recovered back, but usury does not render the entice contract void. Wills. THESE must be in writing, and signed by the testator, or by some person in hit presence and by his express direction, and attested and subscribed in the pres ence of the testator by two or more competent witnesses. For form of attestation, see page 163.Mechanics Lien. ~ME cHANICS, fand ail persons performing labor, or furnishing materials for the construction or repair of any building, or who may have furnished any engine o' other machinery for any mill. distillery, or other nmanufactory, may have a lien separately or jointly upon the building which they may have constructed or repaired, or upon any building, mill, distillery, or other manufactory, for which they may have furnished materials of any description, and on the interest of the owner in the lot or land on which it stands, to the extent of the value of any labor done, or materials furnished, or for both. The provisions of this act shall only extend to work done, or materials furnished, on nev buildings, or to a contract entered into with the owner of any building, for repairs, or to the engine or other machinery furnished for any mill, distillery, or other) manufactory, unless furnished to the owner of the land on which the same may be situate, and not to any contract made with the tenant, except only to the extent of his interest. Any sub-contractor, journeyman, or laborer, employed in the construction, or repair, or furnishing materials, for any building, may give to the owner thereof notice in writing, particularly setting forth the amount of his claims, and service rendered, for which his employer is indebted to him, and that he holds the owner responsible for the same; and the owner shall be liable for such claim, but not to exceed the amount due from him to the employer at the time of notice, which may be recovered in an action. Aliy person wishing to acquire such lien upon any property, whether his claim be due or not, shall file in the recorder's office of the county, within sixty days alter the completion of the building or repairs, notice of his intention to hold a lien upon such property for the amount of his claim, specifically setting forth the amount claimed, and the recorder Ehall record the notice when presented, in a book to be kept for that purpose, for which he shall receive twenty-five cents. Any person having such lien, may enforce the same by filing his complaint in the cir. cuit court or court of common pleas of the county where the work was done, or materials furnished, at any time within one year from the completion of the work or furnishing the materials; or, if a credit be given, from the expiration of the credit. In such actions, all persons whose liens are recorded as herein provided, may be made parties, and issues shall be made up and trials had as in other cases; and the court may, by the judgment, direct a sale of the land and building for the satisfaction of the liens and costs;-such sales to be without prejudice to the rights of any prior incumbiaiicer, owner, or other persons, not parties to the action. If several such actions be bronlht by different claimants, and be pending at the same time, the court may order them to be consolidated. If the proceeds of the sale be insufficient to pay all-the claimants, then the court shall order them to be paid in proportion to the amount due each. In all proceedings commenced under this act, the defendant may file a written undertaking, with surety, to be approved by the court, to the effect that he will pay the judgments that may be recovered, and costs, and thereby release his property froml the liens hereby created. SPECIAL LAWS OF IIINOIS 325 ILLINOIS. Csnstitution adopted, 1848.-Square Miles, 55,405.-Population in 1850, 858,234. Exemptions. T'lE wearing-apparel of every person shall be exempt from sale on execution, wrii of attachment, ot distress for rent, necessary fir use. 1 The following property, when owned by any person being the head of a family and residing with the same, shall be exempt from levy and sale on any execution, writ of attachment, or distress for rent, and such articles of property shall continue so exempt while the family of such person or any of them are removing from one place of residence to another in this state, viz.:1. Necessary beds, bedsteads, and bedding; the necessary utensils for cooking; necessary household furniture, not exceeding in value fifteen dollars; one pair of cards, two spinning-wheels, one weaving-loom and appendage, one stove and the necessary pipe therefor, being in use or put up for ready use in any house occupied by such family. 2. One milch-cow and calf; two sheep for each member of the family, and the fleeces taken from the same, or the fleeces of two sheep for each member of a family which may have been purchased by any debtor not owning sheep, and the yarn and cloth that may be manufactured from the same; and sixty dollars' worth of property suited to his or her condition or occupation in life, to be selected by the debtor. 3. The necessary provisions and fuel for the use of the family for three months, and necessary food for the stock hereinbelore exempted fiom sale, or that may be held under the provisions of this act. When any lot not exceeding ten acres shall be appropriated and used as a burying-ground, and shall be recorded as such in the recorder's office of the county, it shall be exempt from all taxes: and when sold in lots for burying the dead, the said lots shall not be subject to execution or attachment; provided that no person shall hold more than one eighth of an acre exempt from execution. When in any case the head of a family dies, deserts or ceases toreside with the same, the said family shall be entitled to retain the property above exempted, free from levy and sale on execution. Mechanics' Lien, PERSONS furnishing labor or materials in repairing or erecting any building, shall have a lien on the building and lot or tract of land on which the same shall be erected. To enforce such lien, suit must be brought within six months from the time that the last payment should have been made. Landlords have a lien on growing and grown cro)ps for their rent. 28 to G A fill C I __e (~~~o MOUL- E DGARI iL't-nu~a4., a_... es ~ I(".&,,4T. MiO L pais ( P~~ l~,c E/? LcfoYl....t I F"'~rn IQ'" I- C.) -^r\ 0,PL( 1 FCOTTi \ o \Ei inburq^J~\\~ -1 _ i:1WO^'~ ") -—. ~.,'- ~"~/fT-" —1. —,.. Ill p IF,E ICHRIS~iA u RW 3har9es ~~~~~~~~~~~~~~~~~~~~~~~i cEi ^1 ^^s-~-fREENE^^;S 1^ ^ wnw~-t --— r- — M A K ^~~~~~~~~~~ n n^_ IR EE N ~ F~OI LTeu —.~_ w A~.m~,~. 1LL)1SaL CCLI C S La moN 0 M L i S E lA T l J A REC A v 3. II "1 W' I Col ^ s-db I r RE ^$B'rL'T HAl\arn (t ____ L D~~~~~~~~~~~~~~~~~~~~~~~~~D II RICH cl IS N C l L ANO! ^j~~~~~~~~j) ~ ~ ~ u IC>1 i^ \E^^ (AS^ i ON CLIN IJEFFL C —-- A DOLP 0. Ie~~zsh Ii~~\ o Y~w~s~r E C( rotm E rJE q (i).. C )~R'DD~i~Fs V'9W s N 07J scale of ~ ~ ~ ~imeN LEX_ ^^OILO0^ 3' TO Dt'"K'1SAI ^ 114^^^ oa eTs- 13__ ^^^. h^W a*Tei,.~ __________ 1~ {4.<< ~ll?'ye^/^y l3'cf''gf'n ^ I^____________1 ______ 14' 1 E " 2 "'' ^_.../o, - " - v,:1 -4 II 1^ ^ (O^IJ^ TN1 I r C.S 5 k b R. C \a 7 Ifi ~ 4. l' N S LO LI!. - I Vluu9 0 uI s m i, -ock- e.re.!' —..:l -? W-i wdoSKA-J I -J 7 s Ac avcZ^Ni'1e, a __ _ n s \ iW I L' ER@F^12.-.~-1P~2; ~ Af- - I "~ -, I - 1,1 DO^^^^^ 8 ^ 1^. L k r \ f4 328 SPECIAL LAWs OF ILLINOIS. Hcomestead exemption. IN addition to the property now exempt by law from sale under execution, there sbhll be exempt from levy and forced sale, under any process or order fiom any court of law or equity in this state, for debts contracted from and after the fourth day of July, A. 1). 1S51, the lot of ground and the buildings thereon occupied as a residence, and owned by the debtor, being a householder and having a family, to the value of one thousand dollars. Such exemption shall continue after the death of such householder, for the benefit of the widow and famlily, some or one of them continuing to occupy such homestead until the youngest child shall become twenty-one years of age, and until the death of such widow; and no release or waiver of such exemption shall be valid, unless the same shall be in writing, subscribed by such householder, and acknowledged in the same manner as conveyances of real estate are, by law, required to be acknowledged. No property shall, by virtue of this act, be exempt from sale for non-payment of taxes on assessments, or for a debt or liability incurred for the purchase or improvement thereof, or prior to the recording of the aforesaid conveyance or notice. If, in the opinion of the creditors.or officer holding an execution against such householder, the premises claimed by him or her as exempt are worth more than one thousand dollars, such officer shall summon six qualified jurors of his country, who shall, upon oath, to be administered to them by the officer, appraise said premises, and if, in their opinion, the property may be divided without injury to the interest of the parties, they shall set off so much of said premises, including the dwelling-house, as in their opinion shall be worth one thousand dollars, and the residue of said premises be advertised and sold by such officer. In case the value of the premries shall, in the opinion of the jury, be more than one thousand dollars, and can not be divided, as is provided for by this act, they shall make and sign an appraisal of the value thereof, and deliver the same to the officer, who shall deliver a copy thereof to the execution debtor, or to some one of the family of suitable age to understand the nature thereof, with a notice thereto attached, that, unless the execution debtor shall pay to said officer the surplus over and above one thousand dol. lars on the amount due on said execution, within sixty days thereafter, that such pren. ises will be sold. In case such surplus, or the amount due on said execution, shall not be paid withi4 the said sixty days, it shall be lawful for the officer to advertise and sell the said premi. Bes, and out of the proceeds of such sale to pay to such execution debtor the said sum of one thousand dollars, which shall be exempt from execution for one year thereafter and apply the balance on such execution: Provided, That no sale shall be made unless a greater sum than one thousand dollars shall be bid therefor; in which case the officer may return the execution for the want of property. The costs and expenses of settling off such homestead as provided herein, shall be charged and included in the officer's bill of costs upon such axecution. Chattel Mortgages. No mortgage on personal property hereafter executed shall be valid as against the rights and interests of third persons, unless possession of the property shall be delivered to and remain with the mortgagee, or the said mortgage be acknowledged and recorded in the office of the recorder of the county in which the mortgager shall reside. Any mortgager must first acknowledge, before any justice of the peace in the justice's district in which he may reside, such mortgage, and the said justice must certify to such acknowledgment and enter the same upon his docket. It shall then be valid for two years, provided that such mortgage shall provide for the possession of the property so to remain with the mortgager. Law regulating Contracts. No action shall be brought whereby to charge any executor or administrator, upon any special promise, to answer any debt or damages out of his own estate; or whereby to charge the defendant, upon any special promise, to answer for the debt, default, or miscarriage, of another person; or to charge any persou upon any agreement made upon consideration of marriage; or upon any contract for the sale of lands, tenements, or hereditaments, or any interest in or concerning them for a longer term than one year; or upon any agreement that is not to be performed within the space of one year from the making thereof, unless the promise or agreement upon which such action shall be SPECIAL LAWS OF ILLINOIS. 329 brought, or some memorandum or note thereof, shall be in writing, and si"ned by the party to be charged therewith, or some other person thereunto by him lawfully authorized Limitation of Actions. ALL actions of trespass qlare claus?m fregit, trespass, detinue, trover, and replevin, for taking away goods anld chattels; all actions for arrearages of rent due on a prrol demise; and all actions of account, and upon the case, except actions for slander iand malicious prosecution, and such as concernl the trade of merchanldise between nerclialit and merchant, their factors or agents, shall be commenced within five years next after the cause of action accrued. Actions of trespass for assault, battery, wounding, and imprisonment, shall be commenced within two years next after the cause of action accrued. Actions on the case for words shall be commenced within one year; and for mali. cious prosecution shall be commenced within two years. Every action of debt, or covenant for rent or arrearages of rent, founded upon any lease under seal, and of debt or covenant founded upon any single or penal bill, promissory note, or writing, obligatory for the direct payment of money, or the delivery of property, or the performance of covenants, or upon any award under the hands and seals of arbitrators, for the payment of money only, shall be commenced within sixteen years after the cause of action accrued; and when any payment has been made upon such instrument, then within sixteen years from the time of such payment. Judgments of any court of record of this state may be revived by action of scirefacias or action of debt within twenty years next after the rendition of the same. Right of entry and actions to recover lands are barred by the lapse of twenty years. Infants, married women, persons insane and absent from this state, may make such entry and bring such actions within the times respectively limited after the removal of their disability. The absence of a defendant from the state is not to be computed in the limitation. Collection of Debts. ARREST.-When any debtor shall refuse to surrender his estate, lands, goods, or chattels, for the satisfact:on of any execution which may be issued against the property of any such debtor, it shall and may be lawful for the plaintiff or his attorney or agent to make affidavit of such fact before any justice of the peace of the county; and upon filing such affidavit with the clerk of the court from which the execution issued, or with the justice of the peace who issued such execution, it shall be lawful for such clerk or justice of the peace, as the case may be, to issue a capias ad satisfaciendum against the body of such defendant in execution. The defendant may board out his debt in jail at one dollar and fifty cents per day. ATTACHMENT.-If any creditor or his agent shall make complaint, on oath or affirm&r, tion, to the clerk of the circuit court of any county in this state, that his debtor is about to depart from this state, or has departed from this state, with the intention in either case of having his eflfcts and personal estate removed without the limits of this state, to the injury of such creditor, or stands in defiance of any officer authorized to arrest him on civil process, so that the ordinary process of law can not be served on such debtor, and that the debtor is indebted to him in a sum exceeding twenty dollars, specit fying the amount and nature of such indebtedness, such creditor may sue out a writ of attachment against the debtor's lands and tenements, goods and chattels, rights and credits, moneys and effects, of what nature soever, or so much as will satisfy the debt sworn to, with interest and costs. When any creditor, his agent or attorney, shall make oath or affirmation before any justice of the peace in this state, that any person, being a non-resident of this state, is Indebted to such creditor in a sum not exceeding fifty dollars, such justice may issue an attachment against his personal estate. Attachment may issue, in the case of a non-resident, against all his pr perty for a s;um exceeding twenty dollars, from the clerk of the circuit court of any county. * Deeds. A SCRAWL of the pen may be used as a seal. Deeds should be witnessed by two suob scribing witnesses. 28* 330 SPECIAL LAWS OF ILLINOIN. Form of Acknowledgment. State of Illinois, S County of Hancock, Be it remembered, that on this first day of April, one thousand eight hnndred and fifty-ove, before me, JOHN JONES, a notary public, personally appeared JOHN DOE and SUSAN his wife, to me known to be the real persons whose names are subscribed to the foregoing conveyance, and severally acknowledged that they executed the same; and the said SUSAN, On an examination separate and apart from her husband, havilg had the centelcts thereof fully made known to her by me, acknowledged that sha executed the same, and relinquished her dower to the lands and tenements therein mentioned, voluntarily, freely. and wAithout any compulsion of her said husband. In witness whereof, I have hereunto set my hand and notarial seal of office, the day and yeal first above written. (Seal of Office.) JOHN JONES, Notary Public. Deeds may be acknowledged or proved before any judge.or justice of the supreme or district court of the United States; any commissioner to take acknowledgnlent of deeds: any judge or justice of the supreme, superior, or circuit court of any of the ITited States or their territories; any clerk of a court of record, mayor of a city, or notary public: but when made before a clerk, mayor, or notary public, it shall be cer tiited by such officer under his seal of office. Wllenr any married woman, not residirg in this state, being over eighteen years, shall join with her husband in the execution of a deed or mortgage of lands in the state, she stiall thereby be debarred from all interest, estate, or dower therein, as if she were sole and of full nae. The officel taking the acknowledgment must certify that the person offering to make such acknowledgment is personally known to him to be the real person whose name is suhscribed to the deed as having, executed the same, or that he was proved to be such by at credible witness (naming him). In case of iarried women, in addition to the above, he sha;l acquaint her with the contents of the deed, and shall examine her separately and apart from her husband, whether she executed the same, and relinquished her dower to the lands and tenements therein mentioned, voluntarily, freely, and without compulsion of her said husband. and shall certify the same on or annexed to the deed. Rights of Married Women. DOWER.-A widow shall be endowed of the third part of all the lands whereof het husband was seized of an estate of inheritance at any tine during marriage, unless Lhe same shall have been relinquished in legal form. Rate of Interest THIE irate of interest upon all contracts and agrfe ticnts, written or verball..exp)'ess or implied, for tle paySmeut of money, shlll l)e six per cent. per annum upon every one hunLtrled dollars, unless otherwise providied by law. In all contracts hereafter to be made, whether written or verbal, it shall be lawful for the purties to stipulate or agree that ten per cent. per annum, or any less sum of in. terest, shall be taken and paid upoi every one hundred dollars of money loaned or in any manner due, and owing fiom any person or corporation to any person or corporation in this state. Alny person or corporation in this state which shall contract to receive a greater rate of interest than ten per cent. upon any contract verbal or written, such person or co — Doration shall forfeit the whole of said interest so contracted to be received, and shall be entitled only to recover the principal sum due to such person or corporation. Wills. THEY must be in writing, signed by the testator, or by some one in his presence and by his direction, and attested by two credible witnesses. SPECIAL LAWS OF MISSOURI. 331 MISSOURI. Constitution adopted, 1820.-Square Miles, 67,380.-Population in 1850, 684,132. Exemptions........ TTHERE is in this state exempted from sale on exe. ction, the wearing-apparel of all persons, and the necessary tools, implements of trade, of any mechanic while carrying on his trade, and the following articles, being the property of any person being a householder, namely: ten head of choice, hogs, ten head of choice sheep, two cows and calves; one plough, one axe, one hoe, and one set of plough-gears; working-animals, of the value of sixty-five dollars; the spinning-wheels and cards, one loom and apparatus, necessary for manufacturing cloth in a private family; all the spun yarn, thread, and cloth, manufactured for family use; flax, nemp, and wool, twenty-five pounds of each; all wearing-apparel of the family; two beds, with the usual bedding; and such other household and kitchen furniture necessary for the family, not exceeding in value twenty-five dollars; all arms and military equipments required by law to be kept; all provisions on hand for family use, not exceeding twenty-five dollars in value. All lawyers, physicians, and ministers, may select such books necessary to their profession in the place of other property, at their option; doctors of medicine, in lieu of property exempt, may select their medicines. Instead of ten hogs, ten sheep, two cows and calfes, one plough, one axe, one hoe, one set of plough-gears, and working-animals of the value of sixty-five dollars, the debtor, if the head of a family, may select any other property, real or personal, not exceeding in value, one hundred and fifty dollars, or on the absence of other property debts and wages to the same amount. The wife's property is exempt from sale on execution against her husband, if the debt was contracted before marriage, before she came into possession, or if it was P security debt.. It is also exempt from execution for fine or costs in any criminal case against her husband. The husband's property is exempt from all & ibts and liabilities contracted by the wife before marriage. Mechanics' Lien. CONTRACTORS, sub-contractors, artisans, and laborers, shall have a lien for work done An and materials furnished for buildings, engines, machinery, boilers, or other fixtures. Every person. except sub-contractors, must file with the clerk of the circuit court of lie county in which the building4s, within six months after the materials are furnished tr the work is done, a true account of his demand, verified by his oath, and a correct description of the property. Sub-contractors must give notice to the owners of their intention to furnish materials or labor, and the probable value thereof; and having settled the amount afterward with the contractor, must, within ten days after the labor is done or the materials are furgished, file in the like office a copy of such settlement, and a correct description of the property charged with the lien. The lien binds the building or other fixtures, for twelve months after it is finished. The owner must not settle with the contractor until the sub-contractors' liens are dis. charged.'The'lien extends to the land on which the building is erected, and not exceeds ing five hundred square feet clear of the building. ~I~~~C. Rt kI — g7I AWAY --— 4HA~gysR'L,wiHtL LE R O N AS.To D Io =es Sacs KLB SON 0 B * i, r in/Aio~4a c. RITI, O vIE St~ Rw ci27; Q ArwxvItNT rgr JIEL a WA 11 1ff L2.~ AY' our~,ron I.A\ N2~ a,; c&LLAI zuS4 \ QEN^~S0N v* SLt1 E^ ~D t 39^ _( ansFoxes 4' Sa c lCA L_ jS C TO WMORRO AYI iJIC ORYI 39 ^ —5 tm ^^^ ^"i^t —c Ri n?^a^ E(ot3 ~ * 1JA SON S._E _ PoteT V*.S Y^ ^ - > ^ ~ ____ ^s ^ _ _ __tfl ~ 2 —~ I- " j ^ ^ ^ ^v 8^^^' ^ffV^r Sprt i'l _^^~~~~ V ~^^~^) ^_ 1I RJ"'^ORY I 1t9 18 1 ~oniv-ftfi~eromllO 6 w s 1m'i~J c$^ \~T~ONILLD ~^ S 5 ^-^33LACLED 3333 Cm^ j~r A^ ^^ ^ e d1 epIndence 9 irOu l b J)Tffi-u due~Y Qq-q-tv, ~a~~~~Q~~~S~~~- ~ ~ Q~~~~asQ1L~~~~~~to~~~~ 1 ~~~~e~~~hi. ~ ~ ~ ~ ~ ~ c~~i;;uke~~~~~~ iIts'0 I LJoanitgdfWM0est 13 iromlVn. Lshi;altl 1r1 ~T-:_-. I _i — =. -d o2! —-- a. —;=~= —;= | A'? 0 ^ 0' -^______ I'Q J —- - i? ~,~J. I^tJh...... cm5du P V1 rr olnr. — R - B 1-poJIO^^ S\ 344.SPECIAL LAWS OF WISCONSIN, WISCONSIN. Constitation adopted, 1848.-Square Miles, 53,924.-Population in 1850, 3tt,21 Exemptions. No property hereinafter mentioned or represented shall be liable to attachment, execution, or sale, on any final process issued from any court of this state:1. The family Bible. 2. Family pictures, schoolbooks, or library. 3. A seat or pew in any house or place of public worship. 4. The rites of burial of the dead. 5. All wearihng-apparel of the debtor and his family; all beds, bedsteads, and bedding, kept and used for the debtor and his family; 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 two hundred dollars in value. 6. Two cows, ten swine, one yoke of oxen, and one horse; or, in lieu of one yoke of oxen and a horse, a span of horses; ten sheep, and the wool from thl 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; also one wagon, cart, or dray; one sleigh, one plough, one drag, and other farming utensils, including tackle for teams, not exceeding fifty dollars in value. 7. The provisions for the debtor and his family necessary for one year's support, either provided or growing, or both, and fuel necessary for one year. 8. 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 exceeding two hundred dollars in value; the library and implements of any professional man, not exceeding two hundred dollars in value: all of which articles, hereinbefore intended to be exempt, shall be chosen by the debtor, his agent, servant, clerk, or legal representatives, as the case may be. 9. All moneys arising from insurance of any property exempted from sale on executios, when such property has been destroyed by fire. Homestead-Exemption Law. 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 thereof, 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 in amount one fourth of an acre, being within a recorded town-plot, or city, or village, and the dwelling-house thereof and its appurtenances, owned and occupied by any resident of the state, shall not be subject to forced sale on execution, or any other final process from a court, for any debt or liability contracted after the first day of January, one thousand eight hundred and forty-nine. Such exemption shall not affect any laborers' or mechanics' lien, or extend to any mortgage thereon lawfully obtained; but such mortgage or other alienation of such land by the owner thereof, if a married man, shall not be valid without the signature of the wife to the same. Such real estate as is now exempt from forced sale on execution or any other final process from a court, as the homestead of a family, shall likewise after the death of the owner thereof, be exempt from the payment of his debts hereafter contracted, in all cases in which ar.v infant children of the said owner shall survive the death of such owner, and no execot tur or administrator shall have a right to the possession of any real estate so exen'pted. om to che rents or profits of the same. SPECIAL LAWS OF WISCONSIN- 345 Any person owning and occupying any dwelling-house on land not his own, which land he shall be rightfully in possession of by lease or otherwise, and claiming such house as his homestead, shall be entitled to the exemption of such house. Mechanics' Lien. SECTION 1, of chapter 120 of the Revised Statutes was amended March 15, 1855, so as to read as follows: Every dwelling-house and other buildings hereafter constructed, erected, or repaired, all machinery hereafter constructed, put ap or repaired in such manner as to become a fixture, within the State of Wisconsin, together with the right, title, and interest, of the person or persons owning such dwelling-house, building, or machinery, in and to the land upon which the same shall be situated, not exceeding forty acres, or if within the limits of any incorporated city or village plot, the lot on which such dwelling-houses, buildings, or machinery, shall be situated, not exceeding in extent one acre, shall be subject to the debts contracted for, or by reason of any work done or materials found and provided by any bricklayer, stonecutter, mason, lime merchant, carpenter, painter and glazier, iron-monger, plasterer, lumber-merchant, machinist, or any other per son employed in erecting or furnishing materials in the erection, construction, or repairing of such dwelling-house, building, or machinery, before any other lien which ori3inated subsequent to the commencement of such house-building or repairs. Section two of said chapter one hundred and twenty, shall be construed so as to comply with section one of this act. The law allows action to be commenced against executors and administrators to perfect a lien. Sub-contractors must give notice to the owner within thirty days after the work is done or materials furnished to the owner, or be debarred from their lien. Lien to continue only one year. Chattel Mortgages. No mortgage of personal property hereafter made, shall be valid against any other person than the parties thereto, unless possession of the mortgaged property be deliverer to and retained by the mortgagees, or unless the mortgage, or a copy thereof be filed in the office of the town-clerk where the mortgager resides, or in case he does not reside in the state, in the town where the property mortgaged may be at the time of executing the same; and such clerk shal! endorse on such instrument or copy, the time of receiving the same. Law regulating Contracts. IN the following cases, every agreement shall be void, unless such agreement, or some note or memorandum thereof, expressing the consideration, be in writing, and subscribed by the party charged therewith:1. Every agreement that by the terms is not to be performed within one year from the making thereof. 2. Every special promise to answer for the debt, default, or miscarriage, of another person. 3. Every agreement, promise, or undertaking, made upon consideration of marriage, except mutual promises to marry. Every contract for the sale of any goods, chattels, or things in action, for the price of fifty dollars or more, shall be void, unless1. A note or memorandum of such contract be made in writing, and be subscribed by the parties to be charged therewith. 2. Unless the buyer shall accept and receive part of such goods, or the evidences, or some of them, of such things in action. 3- Unless the buyer shall, at the time, pay some part of the purchase-money. 346 SPECIAL LAWS OF WISCONSIN. Limitation of Actions. ACTIONS for the recovery of lands must be brought within twenty years after the cause of action accrued. Infants, persons insane, imprisoned, and married women, have ten years after the removal of their disability. The following actions shall be commenced within six years next after the cause of action shall accrue, and not afterward:1. All actions of debt founded upon any contract or liability not under seal, except such as are brought upon the judgment or decree of some court of record of the United States, or of any state or territory of the United States. 2. All actions upon judgments rendered in any court not being a court of record. 3. All actions for arrears of rent. 4. All actions of assumpsit, or on thecase, founded on any contract or liability express or implied. 5. All actions for waste and for trespass on land. 6. All actions of replevin, and all other actions for taking, detaining, or injuring, goods or chattels. 7. All other actions on the case, except actions for slanderous words and libels. All actions for assault and battery, and for false imprisonment, and all actions for slanderous words and for libels, shall be commenced within two years. None of the foregoing provisions shall apply to any action brought upon a promissory note which is signed in the presence of an attesting witness, provided the action be brought by the original payee, or by his executor or administrator: nor to an action brought upon any bills, notes, or other evidences of debt, issued by any bank. In all actions brought to recover the balance due upon a mutual and open account current, the cause of action shall be deemed to have accrued at the time of the last item proved in such account. It shall be lawful for any person against whom any action shall be commenced in any court of this state, when the cause of action accrued without the state, upon a contract or agreement, express or implied, more than six years before the commencement of the action, or upon any sealed or attested instrument in writing, a judgment or decree of any court more than ten years before the commencement of the action, to plead the same, and give the same in bar of the plaintiff's right of action. All personal actions on any contract not limited by the foregoing or by any other law of this state, shall be brought within twenty years after the accruing of the cause of action. Persons under age, insane, imprisoned, or absent from the United States, and married women, may have the same periods respectively after the removal of their disability. The provisions of this chapter shall not be deemed as covering any action cited in Nos. 1 to 7, wherein it may be shown by the plaintiff, that the person pleading limitation has within the six years been known by another name, or when the fact is established tiat he has changed his name, or answered habitually to a different name from that by which he was known when the debt or liability was incurred, Collection of Debts. ATTACHMENT.-An attachment may issue against the property of a debtor when the plaintiff, or some one on his behalf; shall make an affidavit, stating that the defendant is indebted to the plaintiff, and specifying the amount of such debt over and above all setoffs, and that the same is due on contract, express or implied, or upon judgment or decree; and containing, further, a statement that the deponent knows or has good reason to believe, either1. 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; or2. That the defendant has assigned, disposed of, or concealed, or is about to assign, dispope of, or conceal, any of his property, with intent to defraud his creditors; or3. That the defendant has removed or is about to remove any of his property out of this state, with intent to defraud his creditors; or4. That he fraudulently contracted the debt or incurred the obligation respecting which the suit is brought; or SPECIAL LAWS OF WISCONSIN.'347 5. That the defendant is not a resident of this state; or6. That the defendant is a foreign corporation; or7. That the defendant has fraudulently conveyed or disposed of his property, or a pert of it, or is about fraudulently to convey or dispose of the same, or a part of it, with Intent to defraud his creditors. ARREST.-No person shall be imprisoned for debt arising out of or founded on a contract, express or implied. Deeds. CONVEYANCES of lands, or of any estate, or interest therein, may be 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 and recorded as directed (below), without any other act or ceremony whatever. Deeds executed within this state of lands or any interest therein, shall be executed in the presence of two witnesses, wh'l shall subscribe their names to the same as such; and the persons executing such deeds may acknowledge the execution thereof before any judge or commissioner of a court of record, or before any notary public or justice of the peace within the state, or clerk of any court of record, or clerk of the board of supervisors of any county of this state within their respective counties; and the officer taking such acknowledgment shall endorse thereon a certificate of the acknowledgment thereof, and the true date of making the same, under his hand. If executed in any other state, territory, or district of the United States, such ieed may be executed according to the laws of such state, territory, or district; and the execution thereof acknowledged before any judge of a court of record, notary public, justice of the peace, master in chancery, or other officer authorized oy the laws of such state, territory, or district, to take the acknowledgment of deeds therein, or before any commissioner appointed by the governor of this state for such purpose. In the cases provided for in the last preceding section, unless the acknowledgment be taken before a commissioner appointed by the governor of this state for that purpose, such deed shall have attached thereto a certificate of the clerk or other proper certifying officer of a court of recgrd of the county or district within which such acknowledgment was taken, 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 subscribed thereto to be genuine; and that the deed is executed and acknowledged according to the laws of such state, territory, or district. If in a foreign country, then before a notary public, or minister plenipotentiary, or minister resident, or consul, appointed to reside therein. When any married woman residing in this state, shall join with her husband In any deed or conveyance of, or relating to real estate, situate within this state, or when she alone without joining with her husband, shall execute a release of dower, her acknowledgment or the proof of the execution of such deed, conveyance, or release, may be taken and certified the same as if she were sole, and if so taken and certified shall entitle such deed, conveyance, or release, to be recorded. Form of Acknowledgment. State of Wisconsin, County of Dodge,, ss. Be it remembered, that on this tenth day of March, one thousand eight hundred andi/fty-one, before me, JOHN JONES, a notary public, in and for said county, personally appeared JOHN DOE and SUSAN his wife, to me known to be the persons described in and who executed the foregoing deed, and severally acknowledged that they executed the same. (Seal.) JOHN JONES, Notary Public. J1$H SPECIAL, ILAWSl OF WISCONSTN. Deeds must be recorded in tle office of tue register or deeds of the county where the lands lie. A scroll or device. used as a seal, slaii nave the same effect as a seal; but this does not apply to otiicial seals. Rights of Warried Women. THE widow shall be entitled to dower of one third of all the lands whereof her husband nls seized of an estate of inheritance at arJ''ine during the marriage, unless she is lawfully barred. The real estate, and the rents, ssi.es, 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. The real and personal property of any female who may hereafter marry, and which shlt shall own at the time of marriage, and the rents, issues, and profits thereof, shall not be subject to the disposal of her husband, nor be natme for his debts, and shall continue her sole and separate property. Any married female may receive by inheritance, or by gift. grant, devise, or bequest, from any person, other than her husband, and homia her sole and separate use, and convey and devise, real and personal property, and any interest or estate therein, and the rents, issues, and profits, in the same manner and with like effect as if she were unmarried, and the same shall not be subject to the disposal of her husband, nor be liable for his debts. Any policy of insurance made by any insurance company on the life of any person, expressed to be for the benefit of a married woman, whether the same be effected by such married woman, or by her husband, or by any other person, on her behalf, shall enure to hei sole and separate use and benefit and that of her children, if any, independently of her husband and of his creditors and representatives, and also independently of any other person effecting the same in her behalf, his creditors and representatives; and in case of the death of the husband of such married woman, sucn policy and the benefit thereof shall not go to his executors or administrators, but shall belong to such married woman, and shall be for her sole use and behoof and that of her children. In case of the death of any married woman fur whose benefit and that of her children such -policy of insurance was effected, it shall and may be lawful for any court having authority to appoint guardians for the minor children of such deceased married woman, which guardian so appointed shall have power to hold and manage the interest of such minor children in any such policy or the proceeds thereof. Any married woman, whose husband, either from drunkenness, profligacy, or fiom any oleler cause, shall neglect or refuse to provide for her support, or for the support and education of her children; and any married woman who may be deserted by her husband, shall htave the right in her own name, to transact business, and to receive and collect her own earnings and the earnings of her own minor children, and apply the same for her own support, and the support and education of such children, free from the control and interference of her husband, or any person claiming the same, or claiming to be released fiom the same, by or through her husband: Provided, That if it is denied by plea, that either of the causes enumerated in this act, as entitling tie married woman to sue in her own name, exists, in point of fact, then the issue upon this plea shall be tried and determined by the jury trying tte case. with the other issues submitted. The issue upon this plea shall be tried and determined by the jury trying the case, with the other issues submitted.-Ap. March 23, 18t&. Rate of Interest. ANY rate of interest, not exceeding twelve per cent., agreed upon by the parties in contract, specifying the same in writing, is legal and valid; if more be taken, the person paying may recover treble the amount paid, if action be commenced within one year after such payment. When no rate of interest is agreed upon or specified in a note or other contract. seven per cent. per annum shall be the legal rate. Wills. No will made within this state, except such noncupative wills as are mentioned in section numbered six, of chapter sixty-six of the Revised Statutes, shall be effectual to pass any estate, whether real or personal, nor to change or in any way affect the same, unless it be in writing, and 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 comnpetent witnesses, and if the witnesses are competent at the time of attesting the execution of the will, their subsequent incompetency, from whatever cause it may arise, shall nc pr-s vent the probate and allowance of the will, if it be otherwise satisfactorily proved SPECIAL LAWS OF MINNESOTA. 349 MINNESOTA. Territory organized, 1849.-Square Miles, 166,000.-Population in 1855, 56,000. Exemptions. The following-named property shall be exempt from sale under any execution, writ of attachment, or any other final process of a court: 1. All spinning~wheels, weaving-looms, with their apparatus, and all - stoves and pipes, with their utensils, put up or kept in any dwelling-house; 2. A seat, pew, or slip, occupied by any person or family, in any house or place of publie worship; 3. All cemeteries, monuments, tombs, and rights of burial, while in use as repositories of the dead; 4. All arms and accoutrements required by law to _ —i-m. i i be kept by any person; 5. All wearing apparel of every person or family; 6. The miscellaneous library, and school books, of every individual and family, not exceeding in value one hundred and fifty dollars, and all family pictures; 7. To each householder ten sheep, with their fleeces, and the yarn and cloth manufactured from the same, two cows, five swine, and pro visions and fuel for the comfortable subsistence of such householder and family for six months; 8. To each householder, all household goods, furniture, and utensils, not exceeding in value two hundred and fifty dollars; 9. The tools, implements, material, stock, apparatus, team, vehicle, horses, harness, library, or other things, to enable any person to carry on the profession, trade, occupation, or business, in which such person may be wholly or principally engaged, not exceeding in value two hundred and fifty dollars; the word team, in this subdivision shall be construed to mean either one yoke of oxen, a horse, or a pair of horses, as the case may be; 10. A sufficient quantity of hay, grain, feed, and vegetables, necessary for keeping for six months the animals mentioned in the several subdivisions exempted from execution; and any chattel mortgage, bill of sale, or other lien, created on any part of the property, except such as is mentioned in the ninth subdivision of this section, shall be void, unless such mortgage, bill of sale, or lien, be signed by the wife of the party making such mortgage, bill of sale, or lien. Homestead Exemption. THERE shall be exempt from sale on execution, or other process of a court, a homestead; that is to say, the land, and buildings thereon, occupied as a residence and owned by the debtor, he or she being a householder, to the value of one thousand dollars; such exemption shall continue after the death of such householder, for the benefit of the widow and family, some, or one of them, continuing to occupy such homestead until the youngest child shall become twentyone years of age, and until the marriage or death of the widow; and no release or waiver of such exemption shall be valid, unless the same shall be in writing, subscribed by such householder, and his wife, if he have one, and acknowledged in the sane manner as conveyances of real estate are by law required to be acknowledged. Such exemption shall not affect any laborer's, mechanic's, or other lien, for labor performed, or materials furnished in the erection, alteration, or repair, of any building, or addition thereto, on such land; nor extend to any mortgage thereof lawfully obtained; nor to any sale for non-payment of taxes, or assessment thereon; nor to any debts contracted or liabilities incurred for the purchase of said land. If, in the opinion of the sheriff holding an execution against such householder, the premises claimed by him or her are worth more than one thousand dollars, he shall summon six qualified jurors of this county, who shall, upon oath, to be ad30 li li/lllby. 1i 7 %) ao I - dk1PeIf&0 j aale, 1 _ u ^ ^^ "^^7I ^ ^^^-7 k -Tf-1 X i le S _. i X _ -s [2~~. 18'II ^2DR~JT'l > u >> 360 SPECIAL LAWS OF CALIFORNIA. property declared by this act liable to such lien, for the amount due, or to become due to him, specifically setting forth the amount claimed; upon his failure to do so, the lieo shall be lost. No such lien shall bind any building or wharf for a longer time than one year after the work is done, or the materials have been furnished, unless suit be brought in a proper court to enforce the same within that time, or if a credit be given, within one year from the expiration of the credit; but no lien shall be continued in force for a longer term than two years from the time the work is completed, or the materials furnished, by any agreement to give credit. The lien for work or materials, given by this act, shall be preferred to every other lien or incumbrance which attached upon the property subsequent to the time at which the work was commenced or the materials were furnished. Any mechanic or artisan who shall make, alter, or repair, any article of personal prop. erty, at the request of the owner or legal possessor of such property, shall have a lien on such property so made, altered, or repaired, for his just and reasonable charges, for his work done and materials furnished; and may hold and retain the possession of the same until such just and reasonable charges shall be paid; and if not paid for within the space of two months after the work shall have been done, such mechanic or artisan may proceed to sell the property by him so made, altered, or repaired, at public auction, by giving three weeks' public notice of such sale, by advertisement, in some newspaper published in the county in which the work may be done; or if there be no such newspaper, 1 on by posting up notices of such sale in three of the most public places in the town asere such work was done: and the proceeds of said sale shall be applied, first, to the discharge of such lien, and the costs and expenses of keeping and selling such property, and the remainder, if any, shall be paid over to the owner thereof. Bridges, ditches, flumes, or aqueducts, constructed to create hydraulic power, or for mining purposes, are subject to a mechanics' lien; and all master-builders, mechanics, lumber-merchants, contractors, journeymen, or laborers, and all other persons performing labor, or furnishing materials for, or employed in the construction or repair of, any bridge, ditch, flume, or aqueduct aforesaid, shall have the same lien, subject to the same provisions and regulations as, in and by the foregoing act, is provided for liens upon buildings and wharves. LIEN ON VESSELS. Every boat and vessel used in navigating the waters of this state shall be liable 1. For all debts contracted by the master, owner, agent, or consignee thereof, on ac count of supplies furnished for the use of such boat or vessel; on account of work done or services rendered on board of such boat or vessel; on account of labor done or materials furnished by mechanics, tradesmen, or others, in and for the building, repairing, and fitting out, furnishing or equipping such boat or vessel. 2. For all sums due for the wharfage or anchorage of such boat or vessel within the state. 3. For demands or damages accruing from the non-performance or mal-performance of any contract touching the transportation of persons or property, entered into by the master, owner, agent, or consignee, of the boat or vessel on which such contract is to be performed; and4. For all injuries done to persons or property by such boat or vessel: provided the wages of mariners, boatmen, and others, employed in the service of such boats and vessels, shall have the preference, and be first paid. Any person having a demand as aforesaid, instead of proceeding for a recovery thereof against the master, agent, owner, or consignee, of a boat or vessel, may, at his option, institute suit against such boat or vessel by name. All actions against a boat or vessel, under the provisions of this act, shall be corn menced and sued within fifteen days after the cause of such action shall have accrued. Chattel Mortgages. No mortgage of personal property hereafter made shall be valid against any other per. sons than the parties thereto, unless possession of the mortgaged property be delivered to and retained by the mortgagee. SPECIAL LAWS OF CALIFORNIA. 361 Law regulating Contracts. IN the following cases, every agreement shall he void, unless such agreement, or some note or memorandum thereof, expressing the consideration, be in writing, and subscribed by the party charged therewith: 1. Every agreement that by the terms is not to be per. formed within one year from the making thereof. 2. Every special promise to answer for the debt, default, or miscarriage, of another. 3. Every agreement, promise, or undertaking, made upon consideration of marriage, except mutual promises to marry. Every contract for the sale of any goods, chattels, [ things in action, for the price of two hundred dollars or over, shall be void, unless-1. A note or memorandum of such contract be made in writing, and be subscribed by the parties to be charged therewith; or, 2. Unless the buyer shall accept or receive part of such goods, or the evidences, or some of them, of such things in action; or, 3. Unless the buyer shall at the time pay some part of the purchase-rmoney. Whenever any goods shall be sold at auction, and the auctioneershall, at the time of sale enter in a sale-book, a memorandum, specifying the nature and price of the property sold, the terms of the sale, the name of the purchaser, and the name of the person on whose account the sale is made, such memorandum shall be deemed a note of the contract of sale within the meaning of the last section. No estate or interest in lands, other than for leases for a term not exceeding one year, nor any trust or power over or concerning lands, or in any manner relating thereto, shall hereafter be created, granted, assigned, surrendered, or declared, unless by act or operation of law, or by deed, or conveyance in writing, subscribed by the party creating, granting, as' signing, surrendering, or declaring the same, or by his lawful agent thereunto authorized by writing. Every instrument required by any of the provisions ofthis act to be subscribed by any party, may be subscribed by the lawful agent of such party. Limitation of Actions. No action for the recovery of real property, or for the recovery of the possession thereof, shall be maintained, unless it appear that the plaintiff, his ancestor, predecessor, or grantor, was seized or possessed of the premises in question, within five years before the commencement of such action. No cause of action, or defence to an action founded upon the title to real property, or to rents or services out of the same, shall he effectual, unless it appear that the person prosecuting the action, or making the defence, or under whose title the action is prosecuted, or the defence is made, or the ancestor, predecessor, or grantor of such person, was seized or possessed of the premises in question, within five years before the commencement of the act in respect to which such action is prosecuted or defence made. No entry upon real estate shall be deemed sufficient or valid as a claim, unless an action be commenced thereupon within one year after making such entry, and within five years from the time when the right to make such entry descended or accrued. If a person entitled to commence any action for the recovery of real property, or to nake an entry or defence, founded on the title to real property, or to rents or services cut of the same, be, at the time such title shall first descend or accrue, either1. Within the age of twenty-one years; or2. Insane; or3. Imprisoned on a criminal charge, or in execution upon conviction of a criminal offence, for a term less than for life; or4. A married womanThe time during which such disability shall continue shall not be deemed any portion of the time in this act limited for the commencement of such action, or the making of such entry or defence; but such action may be commenced, or entry or defence made, within the period of five years after such disability shall cease, or after the death of the person entitled, who shall die under such disability: but such action shall not be commenced, or entry or defence made, after that period. Actions, other than those for the recovery of real property, can only be commenced as follows:Within five years: an action upon a judgment or decree of any court of the United States, or of any state or territory within the United States. Within four years: an action upon any contract, obligation, or liability, founded upon an instrument of writing, except those mentioned in the preceding section. Within three years: 1. An action upon a liability created by statute, other than a penalty or forfeiture. 2. An action for trespass upon real property. 3 An action for taking, detaining, or injuring, any goods or chattels, including actions for the specific recovery of personal property. 4. An action for relief on the ground of fraud, the cause of action in such case not to be deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud. 31 362 SPECIAL LAWS OF CALIFORNIA, Within two years: 1. An action upon a contract, obligation, or liability, not founded upon an instrument of writing, except an action on an open account, for goods, wares, and merchandise, and an action for any article charged in a store account. 2. An action against a sheriff, coroner, or constable; upon the liability incurred by the doing of an act in his official capacity, and in virtue of his office, or by the omission of an official duty, including the non-payment of money collected upon an execution. But this section shall not apply to an action for an escape. Within one year: 1. An action upon-a statute for a penalty or forfeiture, where the action is given to an individual, or to an individual and the state, except where the otatute imposing it prescribes a different limitation. 2. An action for libel, slander. assault, battery, or false imprisonment. 3. An action upon a statute for a forfeiture or penalty to the people of this state. 4. An action agai-nst a sheriff or other officer for the escape of a prisoner, arrested or imprisoned on civil process. 5. An action on an open account, for goods, wares, and merchandise, sold and delivered. 6. An action for any article charged in a store account. In an action brought 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 fiom the time of the last item proved in the account on either side. If a person, entitled to bring an action mentioned in the last preceding chapter, ex. cept for a penalty or forfeiture, or against a sheriff or other officer for an escape, be, at the time the cause of action accrued, either-first, within the age of twenty-one years; or, second, insane; or, third, imprisoned on a criminal charge, or in execution under the sentence of a criminal court, for a term less than his natural life; or, fourth, a married woman: the time of such disability shall not be a part of the time limited for the commencement of the action. When a person shall be an alien subject, or citizen of a country at war with the United States, the time of the continuance of the war shall not be part of the period limited for the commencement of the action. No acknowledgment or promise shall be sufficient evidence of a new or continuing contract, whereby to take the case out of the operation of this statute, unless the same be contained in some writing, signed by the party to be charged thereby. Collection of Debts. ARREST.-No person shall be arrested in a civil action except as prescribed by this act'; but this provision shall not apply to proceedings for contempt. The defendant may be arrested in the following cases:1. In an action for money received, or property embezzled or fraudulently misap plied, by a public officer, or by an attorney or counsellor, or by an officer or agent of a corporation, in the course of his employment as such, or by any factor, agent, broker, or other person in a fiduciary capacity. 2. 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 concealing or disposing of tha property for the taking, detention, or conversion of which, the action is brought. 3. When 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. ATTACHMENT.-Any creditor shall be entitled to proceed, by attachment in the district court, against the property of his debtor, in the manner provided in this act. Before any writ of attachment shall be issued, the phlintiff, his agent or attorr'y, shall take and subscribe an affidavit in writing that the defendant is indebted to the plaintiff in the sum of two hundred dollars or over, specifying the amount of such indebtedness as near as may be, over and above all legal set-offs, and that the sum is due upon contract, express or implied, and that the deponent knows, or has good reason to believe, either1. 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; or2. That the defendant has removed or is about to remove any of his property out of this state, with intent to defraud his creditors; or3.'Chat he fraudulently contracted the debt, or incurred the obligation, respecting which the suit is brought; or4. That the defendant is a non-resident of the state; or5. That the defendant has fraudoulently conveyed, disposed of, or concealed his prop erty, or a part of it, or is about fraudulently to convey, dispose of or'conceal the same or a part of it, with intent to defraud his creditors. COPYRIGHT. 38 LAW OF COPYRIGHT. ANY person or persons, being a citizen or citizens of the United States. or resident therein, who shall be the author or authors of any book or books, map, chart, or musical composition, which may be now made or composed, and not printed and published, or shall hereafter be made or composed, or who shall invent, design, etch, engrave, work, or cause to be engraved, etched, or worked, from his own design, any print or engraving, and the executors, administrators, or legal assigns of suci person or persons, shall have the sole right and liberty of printing, re-printing, pub lishing, and vending, such book or books, map, chart, musical composition, print, cut, or engraving, in whole or in part, for the term of twenty-eight years from the time of recording the title thereof, in the manner hereinafter directed. No person shall be entitled to the benefit of this act, unless he shall, before publication, deposite a printed copy of the title of such book, or boobs, map, chart, musical composition, print, cut, or engraving, in the clerk's office' the district court of the district wherein the author or proprietor shall reside; and no person shall be entitled to the benefit of this act, unless he shall give information of copyright being secured, by causing to be inserted, in the several copies of each and every edition published during the term, secured on the title-page, or the page immediately fol. lowing, if it be a book, or, if a map, chart, musical composition. print, cut, or engraving, by causing to bte impressed on the face thereof; or if a volume of maps, charts, music or engravings, upon the title or frontispiece thereof, the following words, viz.: Entered according to Act of Congress, in the year ~, by A. B., in the Clerk's Office of the District Court of," (naming the district in which it was entered). There is a fine of one hundred dollars for putting on a false copyright notice. If any person from and after the recording the title of aly book, shall print, publish, or import, or cause to be printed, published, or imported, any copy of such book, without the consent of the person legally entitled to the copyright thereof, first had and obtained in writing, signed in presence of two or more credible witnesses, or shall, knowing the same to be so printed or imported, publish, sell, or expose to sale. or cause to be published, sold, or exposed to sale, any copy of such book without such consent in writing; then such offender shall forfeit every copy of such book to the person legally, at the time, entitled to the copyright thereof; and shall also forfeit and pay fifty cents for every such sheet which may be found in his possession, either printed, or printing, published, imported, or exposed to sale, contrary to the intent of this Act, the one moiety thereof to such legal owner of the copyright as aforesaid, and the other to the use of the United States, to be recove:ed by action of debt in any court having competent jurisdiction thereof. The penalty for violating the copyright on engravings, maps, &c., by copying either on the whole, or by varying, adding to, or diminishing the main design with intent to evade the law, or by printing, importing, or selling, or causing either to be done, is forfeiture of the plates or engraving, with all the sheets copied or printed, besides a forfeit of one dollar for every sheet of such map, chart, musical composition, print, cut, or engraving, which may be found printed, published, or exposed for sale, one half to the proprietor, and the other half to the United States. An action must be brought within two years after the cause of action shall arise. A copyright can be renewed for fourteen years by re-entering it six months before the expiration of the first term, but the renewal must be published four weeks in one or more newspapers printed in the United States, within two months from the (late of the renewal. The fee for entering a copyright is fifty cents, and a like sum for a certified copy of the record. A copy of the book, or whatever is copyrighted. must be deposited in the clerk's office where it has been entered, within three months from the publication of the same. and also a copy delivered to the librarian of the Smithsonian Institttion and another copy to the Librarian of the Congress library, at Washington. An assignment of copyright, to be good against a subsequent purchaser, must be acknowledged and recorded in the office where the origina copyright was taken out, within sixty days after its execution. NOTICES OF BEADLE'S AMERICAN LAWYER & FORM-BOOK. From the Hon. JOHN W. EDMONDS, Judge of the Supreme Court, New York: I have examined with some care, the American Lawyer and Form-Book, and it affords me pleasure to bear testimony to its general accuracy and value. It must be of great service to almost every man of business;- and from the manner in which it has been prepared it may be fully relied upon." From the Hon. Judge WM. KENT, of New York: " I have looked over your work and like it exceedingly. It seems to me an admirable compend, and of great use to men of business" From the Hon. HENRY CLAY, of Kentucky: " I have received the copy of the American Lawyer and Business-Man's Form-Book, which you did me the favor to send me, and for Which I thank you. Upon looking into it, I find it contains a great variety of well-arranged matter, and adapted to almost every vocation of life. Every man of business would find it useful to resort occasionally to the work. I am respectfully your obedient servant, H. CLAY." From the Hon. Judge ELLIS LEWIS, of the Supreme Court, Pennsylvania: " I have examined Beadle's American Lawyer and Business-Man's Form-Book and know of no work which contains, in so small a space, so much useful inform ation concerning the varied business-interests of society." From the Hen. JOHN M'LEAN, of Ohio, Judge of the U. S. Supreme Court: DEAR SIR: I have looked through the "American Lawyer and Business Man's Form Book." and I am sure that it will be found a most useful manual to a man of business, however he may be employed. It gives the forms of contracts which any one may have occasion to enter into, and states with precision and accuracy the legal effects of such contracts. I have-seen no work which comprises so much useful information in regard to business transactions, in so small a space. The laws of the respective states. given in relation to contracts, &c., are useful to the legal profession, to justices of the peace; and. indeed, to every man actively employed in business. When the merit of the work shall become known, I hate no doubt you will meet with a ready sale. With great respect, your ob't serv't. JOHN M'LEAN. JEFFERSON F. JACKSON, Esq., United States District Attorney for Alabama, writes: " our book will be of great value to our profession." " The highly practical character of the information comprised in this volume, its great scope, and undoubted accuracy, adapt it alike to the convenience of the merchant and the prolessional man. The author is a young member of the bar, in excellent standing in his profession. From intimate knowledge we do not hesitate to commend his industry, precision, and sound judgment. In order to secure the highest degree of accuracy, the author is in correspondence with jurists of each state, submitting to them his labors, and obtaining the latest enactments on each subject. The Maps of each state, bound in the volume, showing the county boundaries, will often be found of great convenience for reference."-Journal of Commerce. "A form-book of some kind is almost indispensable to every man doing business, who dreads, as every man ought to dread, the lawyer's office. A thousand occasions occur in which it becomes necessary to observe legal accuracy in the drawing of instru ments and papers, and yet are not of sufficient moment to justify seeking legal advice This work steps in at this point to assist. The proper forms and directions for the transaction of all kinds of business, when straightforward and free from intricacy, are given in a systematic manner. Besides, the laws of the various States on questions apt to come up inpractical business, are digested so as to prevent mistakes. A great variety of tables, such as tariff of postage, interest tables, equation of time, mensuration rules, value of coin, weights and measures, are added, of great utility. A map of each State of the Union accompanies the description of the laws and usages of the State. The book shows research, comprehensiveness, and practical tact; and possesses that brevity and clearness of style, and explicitness of directions, which the business man desires. We should suppose that merchants, tradesmen, and householders generally, would be apt to find great saving and benefit in the use of it."-Neto York Evangsiist.