: ^ r ^saaxai^s^^i^aas^^i^^^ ' I/ Ji>)J..*.1 -L;Ok > *'J\.vW^ JJ>{*(J COMPLETE 12 r ALL If ATT K:, FOR EVERY STATE IN THK UNION; VITH LEGAL FORMS A>f PULL I" : vjn x . WlTHOTJT LEGAI . K. H. "TJ.VNOBtO^'X- .^- v 4,09 MO > < I w NEW EDITION REVISED AND ENLARGED. \V E L L, S EVERT MAN His OWN LAWYER AND BUSINESS FOEM BOOK. A COMPLETE GUIDE IN ALL MATTERS OF LAW AND BUSINESS NEGOTIATIONS, FOR EVERY STATE IN THE UNION. WITS LEGAL FORMS FOR DRAWING THE NECESSARY PAPERS, AND FULL IN- STRUCTIONS FOR PROCEEDING, WITHOUT LEGAL ASSISTANCE, IN SUITS AND BUSINESS TRANSACTIONS OF EVERT DESCRIPTION ; ALSO, THE GENERAX BANKRUPT LAW ; PATENT LAWS, WITH FULL INSTRUCTIONS TO INVENTORS ; PENSION LAWS, WITH FORMS AND INSTRUCTIONS TO HNABLE THE DISCHARGED SOLDIER OR SAILOR TO PROCURE BACK PAT, PENSIONS, BOUN- TIES. AND ALL WAR* CLAIMS. TEE DIFFERENT STATE LAWS CONCERNING PROPERTT EXEMPT FROM EXECUTION, COLLECTION OF DEBTS, MECHANICS' LIENS, CONTRACTS, LIMITATIONS OF ACTIONS, USURT, QUALIFICATIONS OF VOTERS, LICENSES TO SELL GOODS, ETC. .-^ ALSO, THE EXCISE LAWS, STAMP DUTIES. POST OFFICE AND CUSTOM HOUSE REGU JLATION3, THE WHOLE ACTION OF THE GOVlSfcttENT RELATIVE TO RE CONSTRUCTION AND TH2 FREEDMEN. CONSTITUTION OF THS UNITED STATES, WITH AMENDMENTS^ STATE SEALS, WITH DESCRIPTIONS. ETC. SAN FRANCISCO: H. II. BANCROFT & COMPANY. 609 MONTGOMERY- STREET. 1869. Emtered according to Act of Congress, in the year 1867, by JOHN Q. WELLS, la the Clerk's Office of the District Court of the United States for the Southern District of New York. Entered according to Act o/ Congress, in the year 1868, by the MASONIC PUBLISHING AND MANUFACTURING Co., JU &e ClerVs Office of the District Court of the United States for the Southern District of New York. Buuxoft Lfcrwy INTRODUCTORY. THIS work, prepared some years ago, was received with great favor by the public, attaining a larger sale, it is believed, than any work of the kind ever published. Lapse of time has brought mate- rial changes in the statutes of many of the States ; the war has not only altered the social condition of some of them, but has intro- duced the Internal Revenue system, National Banks, modifications of the Tariff, amendments to the Constitution of the United States, emancipation of the slaves, and the General Bankrupt Law. The subject of Pensions, Bounties and War Claims, has also assumed a new and greatly increased importance. " These numerous changes have led the publishers to make a new and thoroughly revised edition, reproducing the whole work ; and they have, without regard to expense, procured the services of the men most competent to bring every department of it up to the present requirements of the laws, statutes and provisions. So critical and thorough has been this revision, that it is the convic- tion of the publishers that the most implicit reliance can be placed upon the work, as authority on all the subjects of which it treats. The utility of such a work no one will now question. The sale of hundreds of thousands of copies of the former editions, and the constant demand for it, have settled that point. The professional man, the farmer, the mechanic, the manufacturer, the soldier, the sailor, each requires a convenient, comprehensive and reliable work which will enable him to draw up any instrument in writing that may be required, in a legal form ; which will furnish such legal information as is usually called for in the various avocations of life ; a book that everybody can understand, and that will enable every man or woman to be his or her own lawyer. To make such a work, and make it well, was no small task ; but by patient, continued, and intelligent labor, it has been achieved. BANKETJPTS AND CEEDITOES will find in this work, in addition to information indispensable to every business man, the General Bankrupt Law, with Forme, ex- planations, and full instructions for taking the benefit of the Act, without legal assistance. INTRODUCTORY. THE CITY WHOLESALE MERCHANT, whose customers are scattered throughout the country, will find this manual indispensable for his information concerning the laws of the various States, in regard to the Collection of Debts, the Limit ation of Actions, Homestead, and other laws exempting property from attachment, Stay Laics, the Laws of Frauds, Rates of Interest, Peddlers' Licenses to Sell Goods, Merchants, Brokers, Auction, and Commercial Traveler's License, Stamp Duties, Post Office and Cus- tom Ilouse Regulations, etc. THE CITY RETAILER, \vhose customers are at home, cannot safely give them credit with- out being familiar with the legal details concerning false pretences of buyers. He will also find the following topics indispensable in hig business : Copartnership Agreements and Dissolutions, Assignment* of Goods to Creditors and others, Policies of Insurance, Powers and Instructions for all the successive Legal steps in cases of Bankruptcy Promissory Notes, Due Bills, Receipts, Money Orders, Postal Regu- lations, Goods requiring a Stamp, etc., etc. THE COUNTRY MERCHANT will find most of the foregoing valuable in his business, but in addition, he will find use for F^frms of Bills of Sale, Letters of Credit, Contracts, Notes, Orders, Business Bills and Orders, Agree* menU for the Sale of all kinds of Personal Property, Bonds, Chattc* and other Mortgages, Orders and Due Bills for Goods, factorizinQ writs, and many other matters. THE CITY OR COUNTRY ATTORNEY will here find, ready at his hand, in reliable form, legal instrument* of every description, including those for Deeds, Bonds, Mortgages, Indentures, Powers of Attorney, Articles of Copartnership, Letter- of License, Credit Agreements, Satisfactions, Judgments, Leases, Wills and Codicils, Compositions with Creditors, Forms for Pension. Bounty, Back Pay, and Indemnity Claims, Internal Revenue Deci- sions, together with a great mass of carefully collected information; which will enable him to state tbe law-points on nearly all cases which may be brought before him INTRODUCTORY. 5 JUSTICES OF THE PEACE AND NOTARIES PUBLIC, mil find tliis work of great value to them. In all cases of civii guits which come before a justice's court, and in all the provisions for Protests, Affidavits, Acknowledgment of Deeds, Wills, Agreements, Contracts, Leases, etc., etc., the work is absolutely perfect. THE FARMER, also, will find use for Deeds of all kinds, Mortgages, Satisfaction of Mortgages, Bills of Sale for all kinds of property, the Laws in refer- ence to Lost, Strayed or Stolen Cattle, Fences, Roads, Cultivation of Lands, Homestead Laws, and Exemptions ; the Laws, Forms and steps to be taken for recovering or obtaining Public Lands, the mode of making out his returns of Income, and the taxes to be paid on the produce of his farm, etc., etc. THE MECHANIC. In addition to much other valuable matter, the Lien Laws of the various States and Territories, the Statute of Limitation to Actions, the Liabilities of Contractors, Journeymen and Apprentices, the Laws of the different States and Territories in regard to the Claims of Workmen for Labor, and instructions for proceedings in collect- ing the same. FOR LANDLORDS AND TENANTS, We have provided Forms of Leases and Agreements, and all the necessary instructions and forms for installing and rejecting tenants. THE DISCHARGED SOLDIER OR SAILOR * . and his family, will find here all the^instructions and forms neces- sary to enable them to procure Back Pay, Pensions, Bounties, and War Claims against the Government. This matter has been pre- pared with extraordinary care, and is pronounced, by those most competent to judge, absolutely perfect. By the aid of this book, any invalid soldier or widow, or children 01 other heirs of a de- ceased soldier, who can read and write, can make out their pen- sion, back pay, or bounty papers, without being under the neces- sity of expending a dollar of their pittance on claim agents, who usually take the largest share for themselves. The instructions are 10 plain as tc make the whole matter perfectly clear and simple. INTRODUCTORY. EMIGRANTS have here the U. S. Homestead Acts, with instructions for obtaining the Government lands at a merely nominal price ; the Homestead Exemption Laws of the different States, provisions for naturaliza- tion, and all other matters pertaining to citizenship : a statement of the qualifications for a voter in each State, laws respecting the purchase, mortgage, sale and recording of property ; Horse, Sheep, Dog, and general Cattle Laws ; taking land on shares, etc., etc. FOR MARRIED MEN AND WOMEN. There are full instructions for reserving property in view of mar- riage ; the rights of married women in regard to property and to conducting business on their own separate account ; laws concern- ing inheritance, devising of property, wills, joint signature of deeds, mortgages, etc. ; complete instructions and forms for proceedings in cases of divorce, and regulations concerning alimony, and the care of children in cases of separation. EXECUTORS, ADMINISTRATORS, GUARDIANS AND MINORS, are also fully provided for, the laws appertaining to their righte and duties being fully and accurately stated. THE POLITICIAN AND . STATESMAN will find here the whole action of the Government in relation to Reconstruction and the legislation concerning the Freedmen, the Constitution of the United States with all its amendments, the seals of each State, with many other matters of equal importance. In short, there is no class of the community, male or female, who have, or expect to have, any property, or who have any rights or privileges which require protection, who will not be greatly benefited and advantaged by the possession of this book. It will save them money, save them trouble, save them time, save them litigation and lawyers' fees, and give them information that nobody can afford to be without. NEW YORK, 1867. INDEX. PACK ACKNOWLEDGMENTS 70 by a grantor known to the officer. 70 by grantor identified by witness . . 70 by a husband and wife known to the officer 70 by husband and wife both identi- fied by a witness 70 by husband and wife, husband known and wife identified 71 by four persons, two known and two identified 71 by power of attorney 72 by deputy sheriff, deed executed by him in the name of the sheriff... 72 AFFIDAVITS 177 common form 177 to hold to bail 177 to hold by agent or attorney 178 by a party in a cause 178 AGREEMENTS 29 general form of. 80 for the purchase of house and lot 81 for the sale of real estate 81 for a lease 81 for building a house 82 respecting a party-wall 33 for making and delivering boots . . 85 for the sale of wheat 35 to build a house 85 to change a mortgage security .... 86 for the sale and purchase of land. 37 to be signed by an auctioneer 38 to be signed by the purchaser of lands at auction 8S copartnership 88 to. continue the partnership 40 for the sale of personal property.. 40 A PPOINTMENTS 177 of 'a guardian by a minor 177 ARBITRATIONS AND AWARDS 173 common bond of arbitration 174 arbitrator's eath 175 Bubptena to appear before arbitra- tors 175 award of arbitration 175 ASSIGNMENTS 178 general form 179 of partnership property, and debts ia trust.....:. .. 179 FAQH of partnership property by one partner to another 181 of a bond by endorsement 182 of a judgment 182 of a deed 188 of a lease 184 of a mortgage 184 of a patent 185 of a debt 185 of a policy of insurance 186 of a demand for wages or debt. ... 187 of account endorsed thereon 187 contractor's notice of lien 187 notice of lien by other person 188 of a seaman's wages 189 by a debtor to trustees 139 BILLS OF SALE 190 common bill of sale 191 of goods. 191 of a registered vessel 19U BONDS 192 common bond with condition 193 with several payments. 194 with interest condition 194 to a corporation 195 to executors 195 legatee's bond 195 indemnity bond to a sheriff 198 with warrant to confess judgment. 197 to execute a conveyance 197 of an officer of a bank or company. 198 of indemnity to a surety in a bond 198 of indemnity on paying lost note.. 199 for performance 199 bottomry bond - 199 C 282 CATTLE LAWS fence-viewer's certificate . . 283 affidavit, application for damages.. 233 notice to the owner 234 order that a dangerous dog be killed 234 certificate of damage done by hugs 234 notice of sale by pound master.. . 235 notice by persons keeping strays.. 235 of sale.... .. 283 notice recent of supervisor. , (7) 2S5 8 INDEX* fence- viewer's certificate 886 certificate where parties cannot airree upon charges 286 CHATTEL MORTGAGES 200 bill of sale and chattel mortgage. . . 201 common chattel mortgage 202 conditional clause as to possession 202 to secure a debt : 202 statement to be filed with copy. . . 203 notice of sale 208 COMMON CARRIERS, liabilities of 247 CON VEYANCES (See DEEDS) 41 without covenants 42 quit-claim 42 with covenants against grantor only 43 with full covenants 44 of lands on sale by mortgage 46 warranty, with release of dower. . . 47 quit-claim, with special warranty. 48 mortgage, with promise to insure. 48 to a minor. 49 guardian by leave of court 50 administration by leave of court.. 50 administration for an intestate 51 sheriff of an equity of redemption. tlon 52 short form with full covenants. ... 53 executors under a will 54 right of way and drain 55 water course 55 sheriff's certificate sale real estate '6 sheriff to purchaser 57 affidavit at sheriff's sale 63 release 58 confirmation on attaining age of 2. years 69 gift 60 partition of lands descended 61 partition between tenants 62 surrender of a term of years 63 surrender of lease 63 surrender of lease t* lessor 64 partial release by mortgage 64 release of dower by widow 65 release of dower by endorsement.. 65 gift of personal estate 66 gift by father to son 67 gift of goods 68 grant of annuity C9 CONSTITUTION OF THE UNITED STATES 534 CUSTOM-HOUSE REGULATIONS 413 U. S. vessels coming from foreign ports. 418 foreign vessels entering U. S. ports 315 clearance of vessels for foreign ports 818 coasting trade and fisheries 419 laws regulating coasting trade 421 regulations, tonnage duties on for- eign vessels 421 entry of goods imported 423 who ruay enter goods 423 entry of goods fur consumption 424 form 424 goods entered for warehousing .... 42$ , fbrm .! 42G! DEBTOR AND CREDITOR 143 letter of credit. 148 letter license to embarrassed debtor 148 letter of license and composition with creditors 149 petition of insolvent and creditors under the two-third act 156 affidavit of residence of petitioner 151 afiidavit of creditor. 151 affidavit of one of a firm who are creditors 153 schedule of petitioner 152 oath of an insolvent 152 order for creditors to show cause, etc 153 notice to be published 153 notice to be served on the creditors 153 proof of service of notice 154 order for assignment 154 assignment 155 acknowledgment of assignment... 155 oath of assignee 155 notice of assignment to be pub- lished 156 certificate of the assignees 150 affidavit of execution of certificate 156 certificate of county clerk 157 discharge 157 petition under non-imprisonment act 158 affidavit of petitioner 159 notice of presenting petition 159 affidavit of service of notice 159 order for assignment 160 assignment 160 certificate of assignment. 160 discharge 160 'affidavit 1C1 appointment of trustees 162 oath of trustees 163 DEBTS laws of each State concern- ing the collection of 273 laws of Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, Connecticut, 273; New York, New Jersey, Pennsylvania, 274; Maryland, Delaware, Vir ginia, North Carolina, South Car- olina, 275; Georgia, Alabama, 27G; Florida, Mississippi, Louisi- ana, Kentucky, 277; Illinois, In- diana, Ohio, 278; Missouri, 279^ Michigan, Arkansas, Tennesee, 280 ; Texas, 2bl ; Iowa, Wiscon- sin, California, 282 ; Minnesota, 283; Oregon, District of Colum- bia. Kansas, 284; Nebraska, Utah, Washington, 285; Nevada Terri- tory, Dakota Territory .28G ; Colo- rado Territory, 287. DEEDS, see Conveyances DEEDS, Proof of 72 by subscribing witness kncwn to the officer 72 by subscribing witness not known f&DEX. 9 to officer, bnt Identified by witness 78 . by subscribing witness of deed by husband and wife residing out of the State, witness being known to officer 73 by subscribing witness identified as above 73 ns to husband by subscribing wit- ness, acknowledgment by wile both known to officer 74 as to hushand, the wife and sub- scribing witness identified by witness 74 executed by an incorporated com- pany 75 certificate of proof of execution of Deed when subscribing witnesses are dead 75 satisfaction of judgment in Supreme Court 76 satisfaction of justice's judgment... 76 application for a- subpoena to wit- ness 77 subpoena 77 DOWER 241 distribution of personal estate 242 EXEMPTION LAWS, Household and Homestead 2S8 laws of Maine. 288; New Hamp- shire, 289; Vermont, 290 ; Mas- sachusetts, 291 : Rhode Island, 292; Connecticut, New York, 298; New Jersey, 294; Pennsyl- vania, 295 ; Maryland, Delaware, Virginia, North Carolina, 296; South Carolina, Georgia, Ala- bama, Florida, 297; Mississippi, 298; Louisiana, Kentucky, 29'.); Illinois, Indiana, 800; Ohio, 801; Missouri, 802 ; Michigan, 803 ; Arkansas, Tennessee, 804 ; Texas, Iowa, 305; Wisconsin, 306; Cal- ifornia, 307; Minnesota, 308; Oregon, 809; Kansas, 811; Ne- braska. 812; Washington, 818; New Mexico, Nevada, 814; Da- kota, 315; Colorado, 316. (TENCE-VIEWERS 236 certificate of value of fence built by an adjoining owner. 237 certificate- upon hearing dispute be- tween owners of adjoining lands 238 certificate of damages 233 notice of certificate of consent to re- move division-fence 230 1 HIGHWAYS 216 assessment of highway labor -219 ft&Utional assessment by overseer. 219 appeal from assessment 229 notice to the commissioners 220 notice a? to non-resident 220 complaint for refusing to work 221 complaint neglecting to furnhh team 221 summons by a justice 222 complaint against an overseer 222 application to lay out new road 222 order of commissioners to lay out a highway 228 application to alter a road 228 order of commissioners to alter 223 application to lay out a highway.. 224 notice of application 224 affidavit 224 certificate of freeholders 225 notice by commissioners 2tJ5 certificate by commissioners 295 order of commissioner refusing to lay out or alter highway 226 agreeine-nt as to damages 226 release of damages 227 warrant to summon jury to assess. 227 verdict of jury 227 application for a private road , 228 notice to the owner or occupant. . . 228 certificate of jury '. 228 order of commissioners to lay out. 229 application discontinuing old road. 229 certificate of freeholders 229 order to discontinue a road 230 appeal 230 notice to commissioners, of appeal 230 notice to applicants, of appeal 231 decision of judges 231 HOTELS & BOARDING-HOUSES, 386 INTERNAL REVENUE sos special provision 393 form of application for license 894 stamp duties 408 INTEREST, legal rates of, in the dif- ferent States 811 Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Vh-ginia, 317; North Carolina, South Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana, Texas, Arkansas, Ten- nessee, Kentucky, Ohio, Michi- gan, Indiana, Illinois, 318; Mis- souri, Iowa, Wisconsin, Califor- nia, Minnesota, Oregon, District of Columbia, Kansas, 819; Wash- ington, Nebraska, Utah, Nevada, Colorado, 320. quick method of calculating interest 567 LANDLORD AND j'ENdNT 12J agreement for a lease 131 10 INDBX. landlord'! agreement of lease 132 tenant's agreement 132 security for rent '. 188 tenant's agreement, embracing a mortgage of his chattels 183 landlord's agreement 184 agreement for part of a house 184 lease of a house for five years 134 agreement for farming lease 136 notice to quit by landlord 187 notice to quit by tenant 137 where commencement of tenancy is uncertain 187 notice to tenant to quit or pay double value 133 oath of holding over 138 summons to remove 188 affidavit of service 139 warrant to put in possession 139 warrant to dispossess 189 affidavit of tenant denying some material fact in affidavit of land- lord 140 order to summon a jury 140 subpoena to appear and testify. . . . 141 warrant to dispossess 141 affidavit of landlord to turn out a tenant who has taken benefit of insolvent act 142 complaint for forcible entry 142 affidavit to accompany same 142 order to summon jury 143 notice to person complained o.. . 148 affidavit of service 144 juror's oath 144 inquisition of jury of inquiry 144 traverse 145 venire for petit jury 145 juror's oath upon the traverse, 146 warrant to the constable or sheriff to make restitution 146 LIEN LAWS of the different States. 339 Maine, New Hampshire, Vermont, 889; Massachusetts, 341; Rhode Island, Connecticut, 842; New York, 848; New Jersey, 849; Pennsylvania, 850; Delaware, Maryland, Virginia, North Caro- lina, 851 : South Carolina, Geor- gia, Texas, 852 ; Florida, Alabama, Mississippi, 853; Louisiana, Ar- kansas, Tennessee, 354; Ken- tucky, Ohio, 855; Michigan. In- ' diana, Illinois, 356; Missouri, S57 ; Iowa, 358 ; Wisconsin, Cali- fornia, 859; Minnesota, Oregon, 861; District of Columbia, Ne- braska, 362 ; Washington, Nevada, 863 ; Dakota, 865 ; Colorado, Kan- ssus, 867; Western Virginia, 363. [IMITATION OF ACTIONS in the different States Maine, New Hampshire, 821 ; Ver- mont, Massachusetts, Rhode Isl- and, 822 ; Connecticut, New York, 828; Naw Jersey, 884; Pennsylvania, Delaware, Mary- land, Virginia, 825; North Caro- lina, South Carwlina, 326; Geor- gia, Florida, Alabama. 821: Mis- sissippi, Louisiana, 328: Texas, Arkansas, Tenm-ssee, 329 ; Ken- tucky, Ohio. 8oO; Michigan, In- diana, 831; Illinois, Missouri, 882 ; Iowa, Wisconsin, California, 833; Minnesota, 334; Oregon, Kansas, Nebraska, 335; Nevada, 386; Colorado, Washington, 837. ITI MARR1 AGE AND DIVORCE 73 marriage throughout the United States 78 what constitutes a marriage, con- sent of parties 78 who cannot form a legal mar- riage 78 who may legally marry 78 ceremony, how performed in dif- ferent States 73 validity of a marriage, how deter- mined 78 divorce 78 grounds of divorce in the different States 79 grounds of divorce in States and Territories 79 custody of children 80 when a divorce will be de- nied 81 Alimony 81 same in custody of children 81 rights of married women in the different States 81 dower 82 rights of widows S3 marriage certificate, form of 84 same by a public officer, form of. 84 marriage settlement, form of. S4 assignment under preceding form, form of S8 article of separation between hus- band and wife, form of. 89 New York State laws concerning the rights of married w>men to conduct business irrespective of her husbund 91 MINORS 248 MISCELLANEOUS INFORMATION 266 MORTGAGES 104 of lands by husband and wife 105 for part of purchase-money 108 on lease 107 on goods or chattels 18* for securing payment on bond 110 covenant that mortgagee has right , to convey Ill covenant to pay taxes. Ill INDEX. 11 covenant that mortgagor shall have right to sell 112 satisfaction of mortgage 112 notice sale on foreclosure mortgage 118 affidavit of publication of notice.. . -113 affidavit of posting 1 notice of sale. . 114 affidavit of serving flopy of notice. 114 affidavit of auctioneer 115 notice to accompany notice of sale 115 sheriff's deed on foreclosure 115 N NATIONAL SECURITIES 507 NATURALIZATION 116 naturalization papers 117 declaration of intention 117 oath of alien 118 certificate of citizenship 118 NOTES & BILLS OF EXCHANGE 162 note with surety 165 unnegotiable note 165 negotiable note 165 note or due bill payable on demand 1C6 note bearing interest 1(56 note payable by installments 166 sealed note 167 due bill payable in goods 167 order for goods 167 bill of exchange 167 set of bills of exchange 167 money order 167 protest of a bill of exchange 168 notice of non-payment 168 I'ATENTS 204 application 205 specifications 205 drawings 205 model 205 rejections and appeals 206 designs, labels, trademarks, etc 206 sale and assignment 207 powers of attorney 207 caveats 207 interferences 208 Infringements 2U8 re-issue 208 general remarks ! 2u9 form of petition for patents 210 form of petition for caveat 210 specification 210 of a machine 211 oath 212 on a dwign 212 remitting fees 212 petition for re-issue 213 assignment 213 assignment for one or more States. 218 assignment before obtaining patent 214 schedule of fees 214 foreign patents 215 !OWER OF ATTORNEY 119 to sell and lease lands 119 certificate of acknowledgment .... 120 certificate of county clerk 120 to collect debts 120 general custom-house 120 special custom-house 121 to receive the rents of an estate. . . 122 to receive a legacy 129 from several creditors of a person deceased 123 of substitution 124 revocation 125 stock 125 transfer of stock 125 to receive dividend 128 PARTNEESHIP 244 articles of copartnership 245 PEDLER'S LICENSE to sell goods in the various States 371 'New York, 371 : New Jersey,Peun- sylvania, Ohio, 372 : North Caro- lina, Oregon, Rhode Island, Vir- ginia, Vermont, Wisconsin, ol'-> ; Connecticut, Georgia, Delaware, 874; Indiana, Illinois, New Hampshire, Massachusetts, 375; Missouri, Maine, Mississippi, 376; Louisiana, Tennessee, South Ca- rolina, California, Michigan, 877 ; Texas, Nebraska, Nevada, Colo- rado, 378. POSTAL REGULATIONS 403 letters 408 newspapers 409 newspaper postage 410 tran&ieut matter 410 postage to foreign countries 411 money-order system 411 how to obtain money-orders 411 form of order 41i rates of commission 412 PRE-EMPTION TO PUBLIC LANDS249 descriptions of lands exempted 251 declaratory statements of a settler on landsjsubject to private entry 252 land claimed subject to private entry 258 affidavit required of claimant 258 act to appropriate proceeds of sale of public lands, and to grant pre- emption rights 254 affidavit when settler shall have died be/ore entering claim 258 declaratory statement where land is not subject to private entry. . 259 act to secure homebtead to actual settlers 268 PENSIONS, BOUNTIES AND AK- KEARS OF PAY 428 PENSIONS 42S who are entitled to invalid pension 428 an act to grant pensions 429 for obtaining pensions for invalid regulars, volunteers or militia... 48-i ACT OF JOLT 4,1864.. 488 increased pensions 436 evidence of muster-in 431 actolJune 6,1866. 433 12 INDEX. teamsters, artificers, etc 487 minor children 487 dependent fathers and orphans. . . 488 limitations 438 evidence of marriage of colored ap- plicant 438 ACT OK JULY 25, 1866 439 provost marshals, enrolling officers and others entitled to benefits . . 439 increased pensions to widows and orphans 439 increase under acts prior to July 4, 18G2 439 invalid pensions of claimants dying while applications are pending.. 440 rights reserved under repealed laws 440 widows re-marrying while these claims are pending . . 440 INVALID PENSIONS under act, July 14th, 1862 441 form of declaration for an invalid pension 441 power of attorney, form 443 form of surgeon's affidavit 444 application for increase of invalid pension 445 app.ication by guardian, 446 special instructions 4-17 NAVAL INVALID PENSIONS 447 regulations and forms 448 form of application for pension. . . . 443 affidavit of witnesses 449 clerk's certificate 449 another lorm 449 clerk's certificate. 451 Burgeon's certificate of disability.. 451 certificate of commanding officer.. 451 certificate of ordinary disability... 452 certificate for pension, 452 PEIVATEEB PENSIONS 453 declaration for a privateer's invalid pension 454 NAVAL INVALID'S PsnUQPS under act of July 14th, 1862 456 form of declaration 455 form of surgeon's affidavit 456 J3BAT0ITOU8 PENSIONS 457 to widows and orphans 457 declaration of widow 459 declaration under act of July, 1843 460 declaration for renewal of half-pay 460 declaration under act Feb. 8, 1853. 461 declaration for guardian for half-pay 462 pensions to widows and orphans, act of July 14th, 1862 463 declaration for widow's army pen- sion 468 declaration of guardian for army pensions 464 widow's application for increase of pension, act July 25, 1S66 466 guardian's application 466 PENSIONS FOR WIDOWS AND GBPHAJJS in navy cases 467 eUu'ma prior to 1861 467 tjtf Ltion fw widow's pension . 463 declaration of guardian 419 NAVAL PENSIONS to widows ana or- phans under act July 14th, 1862. 471 declaration for guardian 472 GRATUITOUS PENSIONS to mothers and sisters of deceased soldiers or sailors in the naval service 478 declaration for mother's application for army pension 474 declaration for mother's application for navy pension 475 declaration of guardian for army pension 476 declaration of guardian for navy pension 478 AEREAES OF PENSIONS 471 oath of identity. 418 oath of identity of widow or child, or executor or administrator 479 power of attorney 479 certificate of court as to death of pensioner 480 EENE-WAL OF PENSIONS 480 declaration for renewal military case 480 declaration for renewal, naval case 482 ISCEEASE OF PENSIONS 482 regulations 482 application for increase, army case 483 Burgeon's affidavit 488 application for increase of navy in- valid pensions 484 Loss OF PENSION CEBTIFICATES 485 application for renewal 485 affidavit of witness 485 TKANSFEB OF PAT AGENCY 486 form of application 4i4 affidavit of witness 4* application of invalid pensioner. . , 4S7 power cf attorney 487 acknowledgment 487 affidavit of attorney 489 clerk's certificate 488 widow's application 488 guardian's application 489 application of invalid naval pen- sioner 439 application of widow pensioner. . . . 490 application of guardian 490 surgeon's affidavit 491 oath of allegiance 491 DBCLAEATION by e person who has never before had a land warrant 492 declaration where the party has ad a warrant and desires another. . . 483 declaration by widow 494 declaration by widow of f. deceased person who has not had a laud war- rant 498 declaration by widow of a deceased person who has had a warrant. . . 494 FORMS AND EMULATIONS for the as- signment of land warrants and locations 496 form of assignment, No. 1 496 acknowledgment vendor aot known INDEX. 13 tooiflcer 496 assignment of location 496 acknowledgment vendor known to officer. 497 form of power of attorney. 407 PENSIONS IN STATES HERETOFORE IN INSURRECTION 498 form of application under act Feb. 4, 1862 498 instructions 499 commutation to loyal owners of slaves 500 equalization bounty bill 501 rules and regulations 502 forms in cases of colored troops... 504 widow's application for arrears of pay and bounty 504 father's application 606 mother's application 507 application of brothers and sisters 508 application of children 510 application of discharged soldier for additional 511 application of army bounty on ac- count of transfer . 513 CLAIMS for bounty money 516 of bounty 515 disloyalty 516 application 516 proof 516 authentication 516 bounty 517 mode of presenting claims 517 forma 51 7 to correspondents 517 postage 517 application for arrears of pay and bounty ! 518 affidavit 618 proof in case of a widow 519 *n case of children 519 a case of a father 519 in case of a mother 519 in case of brothers and sisters. . . 519 widow's declaration for bounty money and arrears 520 claims of heirs for arrears, etc 521 application of soldier for arrears. . . 524 power of attorney 525 FOEMS AND RSGULA.TIONS relating to pay and allowances for services in the army 526 soldiers not entitled to pay 526 soldiers not discharged 626 official instructions for preparing claims 527 order of payments 527 application,proof,aud authentication 52T administration 528 discharged soldier 628 mode of payment 529 mode of presenting claims 529 forms.... 529 to correspondents 529 payment of prisoners of war 529 rules in settlement tf claims due to deceased seamen or marines at the time of their death 680 application for payment for horsea, or other property, lost or de- stroyed 581 power of attorney 633 act authorizing the investigation of alleged frauds 359 act to repeal part of act for the sale of public lands 262 an act to secure homesteads 263 QUALIFICATION OF YOTERS in the different States 9(9 Maine, Ne\v Hampshire, Vermont, Massachusetts, Rhode Island, Connecticut, 879; New York, New Jersey, Pennsylvania, Dela- ware, 880; Maryland, Virginia, North Carolina, South Carolina, Georgia, 381 ; Florida, Alabama, Mississippi, Louisiana, Texas, Ar- kansas. Tennessee, Kentucky, 8S2 ; Ohio, Michigan, Indiana, Il- linois, Missouri, Iowa, Wisconsin, 8S3; Minnesota, Kansas, New- Mexico, Utah, Oregon, 3S4 ; Cali- fornia, 385. R RECONSTRUCTION 568 I. The original Reconstruction Act of March 2, 1867, being chap- ter cliii. of Acta of the xxxir. Congress 568 IL The 1st Supplemental Recon- struction Act, passed March 23, 1867, by the si. Congress 570 III. The 2d Supplementary Re- construction Act of July 19, 1867 572 IV. The Reception of the Insur- rectionary States in accordance with these Acts E75 V. The Fourteenth Constitution- al Amendment 577 RECEIPTS AND RELEASES*. 168 receipt in full of nil demands 169 receipt on account 169 receipt for money paid for another. 169 release of all demands 169 special release 170 release in pursuance of an award. .. 170 mutual general release by indenture 170 release to a guardian 171 release of a proviso or condition. . 171 release of a trust 172 release of a dower to the heir 172 release from a legatee 178 INPEX. RELEASES 128 of all demands 126 by indenture 126 to a guardian 127 of dower to the heir 127 of dower in consideration of an an- nuity given in a will, of trust. ''. . . 128 BEALB OF THE VARIOUS STA TfiS, with descriptions 664 U UNITED STATES SEAL, with de- scription 650 WILLS . 92 of real estate 95 codicil to a will 98 disposing of an estate in legacies ... 97 disposing of real and personal estate 98 of goods 99 of lands and goods 160 concerning disputes 103 proviso 109 appointment of a guardianship 188 devise from a husband to his wife of an estate for life in lieu of dower, remainder to his children &s tenants in common IQt ADDENDA. GENERAL BANKRUPT LAW..... 579 of the administration of the law in courts of bankruptcy 580 of appeals and practice 582 voluntary bankruptcy commence- ment of proceedings 583 of assignments and assignees 584 o t' debts and proof of claims 589 of property perishable and in dis- pute 593 examination of bankrupts 593 of the' distribution of the bank- rupt's estate 594 of the bankrupt's discharge and its effect 590 preferences and fraudulent convey- ances declared void 599 bankruptcy of partnerships and of corporations 600 of dates and depositions 601 involuntary bankruptcy.. 602 of superseding the bankrupt pro- ceedings by arrangement 604 penalties against bankrupts 605 penalties against officers 606 fees and costs 606 of meaning of terms and computa- tion of time 607 BANKRUPTCY. Forms, Explana- tions and Instructions to Bank- rupts and Creditors, desiring the Benefit of the Act 608 voluntary bankruptcy 609 .involuntary bankruptcy 615 petition by debtor 615 oath to foregoing petition 615 statement of all creditors who are to be paid in full! 61 creditors holding securities 617 creditors whose claims are unse- cured 619 liabilities on notes or bills dis- counted , 618 accommodation paper 619 statement of real and personal est. 619 personal property <520 choees in action 628 prop, in reversion, remainder, etc 021 particular statement of property * claimed as excepted 623 list of all books, papers, etc 622 oaths to schedules A and B 628 copartnership petition 628 corporation petition 624 form of special letter of attorney. 625 proof of debt, with security 628 deposition for proof of debt. 627 letter of attorney to rep. creditor. 627 petition for removal of assignee. 628 petition of bankrupt for discharge 629 creditor's petition C29 oath to foregoing petition, 631 deposition as to petitioning cred. 631 deposition of witness 682 WELLS' EVERY MAN HIS OWN LAWYER, ANB UNITED STATES FORM BOOK, A COMPLETE GUIDE IN ALL MATTERS OF LAW AND BUSI- NESS NEGOTIATIONS, FOR EYERY STATE IN THE UNION. AGREEMENTS. ALL Agreements are null and void at the end of one year from their dates, unless the contract, or some memorandum thereof, stating the consideration, be in writing and signed by the parties by whom the agreement is made. All leases expire at the end of one year, unless there is a written agreement, stating the consideration, for a longer period. All agreements expire at the end of one year unless they ex- plicitly state that they are for a longer period. Signatures signed with a lead pencil, or by making a mark, if the parties make them cannot write, if done in the presence of one or more witnesses, are good in law. But when a pen can be had, it should be used in preference, to obviate the possibility of legal quibbling. Agreements which fail to show that they were made for a con- sideration that is, without a fair or reasonable sum of money, or property to the value of money are void in law. 30 AGREEMENTS Every agreement should distinctly specify the time within which k or at the end of which, its conditions shall be complied with. Every instrument is better in law with a seal than without ono. General Form of Agreement, THIS AGREEMENT, made this/irsf day of May, one thousand eight hundred and sixty, between JOHN DEAN, of the city of Hartford, in the county of Hartford, and state of Connecticut, of the first part, and JAMES GOOD of the village of Windsor, in said county and state, of the second part WITNESSETH, That the said JOHN DEAN, in consideration of tho covenants on the part of tho party of the second part, hereinafter contained, doth covenant and agree to and with the said JAMES GOOD, that [here insert the agreement on t/ie part of John Dean.] And the said JAMES GOOD, in consideration of tho covenants on the part of the party of the first part, doth covenant and agree to and with the said JOHN DEAN, that [here insert the agreement on the part of James Good.] In witness whereof, we have hereunto eet our hands and seals, the day and year first above written. Sealed and delivered, in presence of JOHN STOUT, JOHN DEAN. JAMES GOOD [L...1 . [L.S.] ISAAC FOWLER. [ When required this clause may be inserted :\ And it is further agreed, between the parties hereto, that tho party that shall fail to perform this agreement on his part, will pay to the other the full sum of fifty dollars, as liquidated, fixod, and settled damages. Agreement for the Purchase of a House and Lot MEMORANDUM of an agreement made this 10th day of July, in the year 1860, between JOHN ROWLEY, Printer, of the city of Now York, and CARLTON BRYANT, Merchant, of the same city, witnesseth That the said JOHN ROWLEY agrees to sell, and the said CARL- TON BRYANT agrees to purchase, for the price or consideration of dollars, the house and lot known and distinguished as number ninety -nine, in street, in the said city of New-York. Tho possession of the property is to be delivered on the first day of May next, when twenty-five per cent, of the purchase-money is to bo paid in cash, and a bond and mortgage on the premises, bearing seven per cent, interest, payable in five years (such ffiterest paya- ble quarterly), is to be executed for the balance of tho purchase AGREEMENTS. 31 money, at which time also a deed of conveya^-iC in fee simple, con- taining the usual full covenants and warranty, is to I e delivered, executed by the said JOHN ROWLEY and v* ;&, \nd the title made satisfactory to the said CARLTON BRYANT ; it being understood that this agreement shall be binding upon the -leirs, executors, admin- istrators and assigns of the respective parties y and also that the said premises are now insured for dollars, and, in case the said house should be burnt before the said nra*, day of May next, that the said JOHN HOWLEY shall hold t.he said insurance in trust for, and will then transfer the same to the ^aiu CARLTON BRYANT with the said deed. In witness, &c., [as in General Form.] Agreement for the Sale of Eeal .Estate. ARTICLES of agreement made and entered ii>':o this day of between A. B. of , of the one part, and C. D. of , of the other part, as follows : The said A. B. loth hereby agree with the said C. D. to sell to him the lot of ground, [here describe it,] for the sum of ~ and that he, the said *> B., shall and will, on the day of next, on receiving from rhe said C. D. the eaid sum, at his own cost and expense, execute a proper convey- ance for the conveying and assuring the fae simple of the said premises to the said C. D. ; free from all encumbrances, which con- veyance shall contain a general warranty u..d the usual full cove- nants. And the said C. D. agrees with the said A. B. that he, the said C. D., shall and will, on the said 'lay of next, and on execution of such conveyance, pay unto the said A. B. the sum of aforesaid. And it is further agreed, between the parties aforesaid, as follows : The said A. B. shaii liave and retain the possession of the property, and receive and be entitled to the rents and profits thereof, until the said day *.f' next; when, and upon the delivery of the conveyance, the possession is to be de- livered to the said C. D. And it is understand that the stipulations aforesaid are to apply to and to bind the heirs, executors and ad- ministrators of the respective parties. And in case of failure, the parties bind themselves each unto the oriioi- *.n the sum of which they hereby consent to fix and liquidate the amount of dama- ges to be paid by the failing party for his noa-performance. In witness, &c., [as in General Form.] Agreement for a Lease, MEMORANDUM of an agreement made this day of , m tha year , between A. B. of the city nf New York, Esquira, and C. D., of said city, merchant, witnesseth, That tho said A. B 32 AGREEMENTS. agrees, by indenture, to be executed on or Before the * day of > i next to demise arid let the said C. P. the house and lot known as number in street, in said city, at present in the occupa- tion of E. F., to hold to the said C. D. his executors, administrators, and assigns, from the first day of May next, for and during the term of twenty-one years, at or under tho clear yearly rent of dollars, payable quarterly, clear of all taxes and deductions ; in which lease there shall be contained covenants on the part of the said C. IX, his executors, administrators, and assigns, to pay rent, (except in case the premises are destroyed by fire, the rent is to cease until they are rebuilt,) and to pay all tuxes and assessments j to repair the premises, (except damages by firo :) not to carry on any oifen- sive or other business upon the p'remises, (except by the written permission of the said A. B. ;) to deliver the same up at the end of the term in good repair, (except damages by fire as aforesaid ;) with all other usual nncl reasonable covenants: and a proviso for the re-entry of the said A. B., his heirs or assigns, in case of the non- payment of the rent for the space of fifteen days after either of the said rent-days, or the non-performance of any of the covenants ; and there shall also be contained therein covenants on the part of the said A. B., his heirs and PvSsigns, for quiet erjoyment, to renew said lease at the expiration of said term, for a further period of twenty-one years at the same rent on the said C. D., his executors, administrators, or assigns, paying the said A. B., his executors, administrators, or as- signs, the sum of dollars as a premium for such renewal ; and that, in case of an accidental firo, at any time during the said terms, or cither of them, the said A. B. will forthwith proceed to put the premises in as good repair as before the fire, the rent in the mean time to cease ; and the said C. D. hereby agrees to ac- cept such lease on the terms aforesaid ; and it is mutually agreed that the costs of making, executing, and recording said lease, and a counterpart thereof, shall be borne by the said parties equally. As witness, &c., [as in General Form.] Agreement for Building a House. MEMORANDUM. That on this - - - day of , it is agreed be- tween A. B. of and C. D. of - , in manner following, viz. the said C. D., for the consideratir-as hereinafter mentioned, doth for himse'f, his heirs, executors, cad administrators, covenant with the said A. B., his executors, admi-j iterators, and assigns, that he the said 0. D. or his assigns shall and will, within the space of next after tho date hereof, in a good and workmanlike manner, and at his own proper charge and expense, at , well and sub- stantially erect, build, and finish, cue house, or messuage, accord- ing to the draught, scheme, and explanation hereunto annexed, with such stone, brick, timber, and other material?, as the said A AGREEMENTS. 3? B. or his assigns shall find or provide for the same : In considers, don whereof, the said A. B. doth for himself, his executors, and ad- ministrators, covenant with the said C. D., his executors, administra- tors, and assigns, well and truly to pay unto the said C. D., his execu- tors, administrators, and assigns, the sum of f lawful money of in manner following, viz. : part the :-eof at the be ginning of the said work another part thereof when the said work shall be half done, and the remaining in full for the said work, when the same shall be completely finished : And also that he, the said A. B., his executors, administrators, or assigns, shall and will from time to time, as the same shall be required, at his and their own proper expense, find and provide stone, brick, timber, and other materials necessary for making, building, and finishing the said house. And for the performance of all and every the articles ami agreements above mentioned, the said A. B. andu. D. do hereby bind themselves, their executors, administrators, and assigns, each to the other, in the penal sum of firmly by these presents. In witness, &c., [as in General Form.] Agreement respecting a Party WalL THIS agreement, made this day of , in the year , between I). L. of the City of New York ^merchant, of the first part, and P. S. of said city, merchant, of the second part, witnesseth. Whereas, the said D. L. is the owner in fee of the lot and store known as number 00 in street, in the third ward of the City of New York, and the said P. S. the owner in fee of the lot known as number 92 in street, aforesaid, immediately adjoining to and on the southerly side of said lot and store number 90, on which lot of the said P. S. he is about to erect a brick store. And where- as, it has been agreed, by and between the said parties, that the said P. S., in erecting his said store, shall make use of the gable end wall of the said store of the said D. L., immediately contiguous to and adjoining the said lot of the said P. S., as a party wall, upon the terms, conditions, and considerations hereinafter mentioned, the said gable end wall of the said D. L., so to be used as a party wall, standing and being entirely on the said lot of the saidD. L. Now, therefore, this agreement witnesseth, that the said D. L., for and in consideration of the sum of dollars to him in hand paid by the said P. S., at or before the ensealing and delivery of these pro- eents, the receipt whereof is hereby acknowledged, doth, for him self, his heirs, executors, administrators, and assigns, covenant grant, promise, and agree to and with the said P. S., his heirs, executors, administrators, and assigns, forever, that he, the said P S., his heirs and assigns, shall and may, in erecting and building the paid store upon tho said lot of the said P. S.., freely and lawfully- 34: AG11EEM3NTS but in a workmanlike manner, and without any interruption, mo* lestation, or hinderance of or from the said D. L.., his heirs or as- signs, make use of the said gable end wall of the said store of the said D. L., immediately adjoining or contiguous to the said lot of the said P. S., or such parts and so much thereof as he the said P. S., his heirs or assigns, may choose as a party wall. And further, that should the said wall, hereby made a party wall, be at any fu- ture time or times injured or destroyed, either by decay, lapse of time, fire, accident, o r : other cause whatever, so as to require to be either repaired or rebuilt, in whole or in part, then and in every such case, the said D. L. and the said P. S. by these presents, for themselves respectively, and their respective heirs and assigns for- ever, mutually covenant and agree, to and with each other and their respective heirs and assigns forever, that such reparation or re- building, as the case may be, shall be at the mutual joint and equal expense of them the said D. L. and P. S., their respective heirs and assigns forever ; as to so much and such parts of the said wall as shall be used by the said P. S., his heirs and assigns / in erecting and building the said store which he is now about erecting on his said lot, and as to all coping of the said gable end, whether such coping be used by the said P. S., his heirs and assigns, in erecting and building the said store or not, and as to the residue of the said wall not used by the said P. S., his heirs or assigns, in erecting and building the said store, such reparation or rebuilding of such lesidue of the said wall shall be at the sole and separate expense of the said D. L., his heirs or assigns forever ; and that in every case of such reparation or rebuilding, should the same be necessary and proper, and either party, his heirs or assigns, request the other to unite in the same, and to contribute to the expense thereof, ac- cording to the true intent and meaning of this agreement, then the other party, his heirs or assigns forever, may cause such reparation or rebuilding to be made and done, and charge the other party, his heirs and assigns, forever, with the proportion of the expenses, costs, and charges thereof, according to the true intent and" mean- ing of this agreement; and that in every case of such reparation or rebuilding, as the case may be, such repairs shall restore the said wall to the state and condition in which it now is in all res- pects, as nearly as may be ; and that in every case of rebuilding. euch wall shall be rebuilt upon the same spot on which it now stands, and be ( of the same size and the same materials, as far as they may go/and as to the deficiency with others of the same quality and goodness, and in all respects shall be made of the same quality and goodness as the present wall. It being further in like toannsr mutually understood and agreed, by and between the said parties, that this agreement shall be perpetual, and run with the land, and be obligatory upon the heirs and assigns of the said par- ties, respectively, forever, and in all cases and on all occasions, shall be construed as a covenant running with the laud : bufc that this AGREEMENTS. 85 agreement shall not have the effect or operation of conveying to the said P. S., his heirs or assigns, the fee simple of the one moiety or any other part of the ground or land on which the said wail now stands, but only the right to the use and benefit of the said wall as, a party wall, forever. In witness, &c., [as in General Form.] Agreement for making and delivering Boots. THIS AGREEMENT, made this day of , in the year f>y and between A. B. of , and C. D. of : WITNESSETH, that the said A. B., in consideration of the cove- nants on the part of the party of the second part, to be performed, doth covenant and agree, to and with the said C. D., that he will, within [here insert the time] from the date hereof, make and deliver to the said C. D. ten thousand pairs of boots, made from calfskin, of the first quality, and of the following sizes [here insert sizes]. And the said C. D. covenants to pay to the said A. B. two dol- lars 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. In witness, &c. [as in General Form.] Agreement for a Sale of Wheat. MEMORANDUM. It is agreed, by and between E. F. of, &c., That lie, the said G. II., in consideration of three hundred bushels ol wheat, sold to him this day by the said E. F., and by him agreed to be delivered to the oaid G, II., free of all charges and expenses whatsoever, at, on, or before, &c., next, shall and will pay, or cause to be paid to the said E. F., or his assigns, within three months after such delivery, the sum of, &c. And the said E. F., in con- sideration of the agreement aforesaid of the said G. II., doth prom- ise and agree, 6n or before, &c., aforesaid, at his proper expensea to send in and deliver to the said G. II., or his assigns, the said three hundred bushels of wheat, so sold him as aforesaid, and that he the said E. F. shall and will warrant tbe same to be good, clean, and merchantable grain. In witness, &c., [as in Genf.ral Form.] Agreement to build a House according to a Plan annexed, BE it remembered, that on this day of , A. D. 1856, it ia agreed by and between A. B. of , and C. D. of , in man- ner and form following, viz.: The said D. C., for the considerations hereinafter 30 AGREEMENTS, doth, for himself, his executors and administrators, promise, and agree to and with the said A. B., his executors, administrators, and assigns, that he, the said C. D., or his assigns, shall and will, within the space of next after the date hereof, in good and workmanlike manner, and according to the best of his art and skill, at , well and substantially erect, build, set up, and finish, one house or messuage, according to the draught or scheme here- unto annexed, of the dimc/toions following, viz., &c., and to com- pose the same with such stone, brick, timber, and other materials, as the said A. B. or his assigns shall find and provide for the same : Jn consideration whereof, the said A. B. doth for himself, his execu- tors and administrators, promise arid agree, to and with the said C. D., his executors, administrators and assigns, well and truly to pay, or cause to be paid, unto the said C. B., or his assigns, the sum of , in manner following, that is to say, the sum of part thereof at the beginning of the said work the sum of more, another part thereof, when the same shall be completely finished; and also that the said A. B., his executors, administra- tors, or assigns, shall and will, at his and their own proper ex- pense, find and provide all the stone, brick, tile, timber, and other materials necessary for making and building the said house. And for the performance of all and every the articles and agreements above mentioned, the said A. B. and C. D. do hereby bind them- selves, their executors, &c., each to the other, in the penal sum of , firmly by these presents. In witness whereof, &c., [as in General Form.] [Here annex Plan.] Agreement to Change a Mortgage Security. THIS agreement, made the day of . in the year . be tween the Rector. Wardens, and Vestrymen of the Church, in the city of New-York, of the first part, and C. M., of the said city, gentleman, of the second part, witnesscth : That whereas the said parties of the first part have sold and conveyed in fee, unto the said Earty of the second part, the six several lots of ground in said city nown as numbers for the price or consideration of $50,000, part of which sun has been paid down on the delivery of the deeds therefor ; and, wuercas, in order to secure to the said parties of the first part, the payment of the residue of said pur- chase money, to wit, the sum of $30,000, in six equtil payments of $5.000 each, in ten years, with interest thereon at the rate of five por cent, per annum, the said party of the second part, and his wife, have executed and delivered to the said parties of the first part, six several mortgages on the said premises, as collateral security for the six several bonds of corresponding amounts, exe- cuted and delivered by the said party of the second part to tho akl parties of the first part ; and, whereas, also, it may at some AGEEJTMENTS. 37 future period become expedient, or advantageous, for the said partv of the second part to sell or otherwise dispose of the said premises so by him purchased as aforesaid, free and clear from the incum brance of the said mortgages Now, therefore, this agreement wit* ncssetfi : That the said parties of the first part, for and in conside- ration of the premises, do, for chemselves, their successors ana assigns, forever covenant, promise; and agree, to and with the said party of the second part, his heirs, executors, administrators, and assigns, that he, the said party of the second part, shall and may at all times Hereafter, have an<3 retain the right of changing the security above mentioned, by substituting, instead of any, either, or all of the said mortgages, the lifco security on other real estate or property of at least equal value with the said mortgaged premises. And this agreement further wltnesseth : that whenever the said party of the second part, his heirs, executors, administrators, or assigns, shall furnish the said parties of the first part, their sue* cessors or assigns, with such otLsr satisfactory security as afore- said, the said parties of the first part, their successors and assigns, shall and will, upon request to them made, forthwith execute and deliver to the said party of the second part, his heirs, executors, administrators, and assigns, good and sufficient releases and dis- charges of the said mortgage?, or any of them, and of the said premises therein mentioned. In witness, &c., [as in General Form.] Agreement for tlie Sale and Purchase of Land. ARTICLES of agreement made and concluded this first day of January, A. D. I860, at Cincinnati, in the State of Ohio, b/ and between A. B., of said Cincinnati, yeoman, and C. D., of Buffalo, in the State of New-York, yeoman. First. The said A. B., in consideration of the sum of dollars to him paid by the said C. D., (the receipt whereof is hereby ac- knowledged,) and in further consideration of the promise of the said C. 1). hereinafter contained, doth hereby promise and agree, to and with the said C. D., that ho will, on or before the first day ol July next, make and deliver tot-he said C. D. a good and sufficient deed, with the usual covenants of warranty, release of dower, &c. ; of all that tract of land situate, lying, and being in the town oi , in the county of , and state of , known as the , &c., [or, bounded and described as follows : ] Second. In consideration whereof, the said C. D. doth hereby promise and agree, to and with the said A. B., that he will, on such ieed being tendered to him by the said A. B., on or before the said firat day of July next, pay to trie said A. B. the further sum of dollars, in addition to the payment already made, being tho balance of the purchase money hereby agreed upon for the said tract of land. 38 AOBEEMENTS. And to the true and faithful performance of all the agreomefllfl herein contained, ^t> the part of the said A. B. and C. D. } each of them binds himself, nijj boirs, executors, and administrators, to the other and his heir*, executors, and administrators. In witness whereof io., [as in General Form.] Agreement to be sig&td by an Auctioneer, after a Sale of Land at Auction. I HEREBY acknowledge that A. B. has been this day declared by me the highest bi'-ilc" and purchaser of [describe the land,] at the sum of dollars, [o, , : t the sum of dollars cents per acre, or foot,] and *hat he has paid into my hands the sum of , as a deposit, and in p^ 1 .' payment of the purchase money ; and I hereby agree that the vender, C. D., shall in all respects fulfil the conditions of sale Hereto annexed. Witness my hand, at on the day of , A D., 1860. J. S., Auctioneer. Agreement to ^ risned by the Purchaser of Lands at Auction. I HEREBY acknowiew"-j, that I have this day purchased at pub- lic auction all tha* [describe the land,] for the sum of dollars, [or, for the j>rice o* dollars cents per acre, or per foot,] and have paid into the nands of J. S., the auctioneer, the sum of , as a deposit, and in part payment of the said purchase money ; and I hereby agree to pay the remaining sum of unto C. D., the vendor, at , on or before the day of , and in all other respects on my part to fulfil the annexed condi- tions of sale. Witness my hand, this day of A. D., 1860. A. B. Articles of Copartnership, ARTICLES of copartnership made and concluded this day of , in the year one thousand eight hundred and sixty, by and between A. B., bookseller, of the first part, and C. D., bookseller of the second part, both of , in the county of . Whereas ib is the intention of the said parties to form a copart- nership, for the purpose of carrying on the retail business of book- sellers and stationers, for which purpose they have agreed on the following torms and articles of agreement, to the iaitkful perform- ance of which they mutually bind and engage themselves each to the other, his executors and administrators. First. The style of tho said copartnership shall be " and AG11EEBIENTS. 39 oompany;" and it shall continue for- the term of years from the above date, except in case of the death of either of the said partiea within the said term. Second. The said A. B. and C. D. are the proprietors of the stock, a schedule of which is contained in their stock book, in the proportion of two thirds to the said A. B., and of one third to tho said C. D. ; and the said parties shall continue to be owners of their joint stock in the same proportions ; and in case of any addi- tion being made to the same by mutual consent, the said A. B. shall advance two thirds, and the said C. D. one third of the cos* thereof. Third. All profits which may accrue to the said partnership shall be divided, and all losses happening to the said firm, whether from bad debts, depreciation of goods, or any other cause or acci- dent, and all expenses of the business, shall be borne by the said parties, in the aforesaid proportions of their interest in the said stock. Fourth. The said C. D. shall devote and give all his time and attention to the business of the said firm as a salesman, and gener ally to the care and superintendence of the store ; and the said A B. shall devote so much of his time as may be requisite, in advis- ing, overseeing, and directing the importation of books and other articles necessary to the said Business. Fifth. All the purchases, sales, transactions, and accounts of the said firm shall be kept in regular books, which shall be always open to the inspection of both parties and their legal representa- tives respectively. An account of stock shall be taken, and an account between the said parties shall be settled, as often as once in every year, and as much oftener as either partner may desire and in writing request. Sixth, Neither of the said parties shall subscribe any bond, sign or endorse any note of hand, accept, sign, or endorse any draft or bill of exchange, or assume any other liability, verbal or written, either in his own name or in the name of the firm, for the accommodation of any other person or persons whatsoever, without tho consent in writing of the other party ; nor shall either party lend any of the funds of the copartnership without such consent oi the other partner. Seventh. No importation, or large purchase of books or other things, shall be made, nor any transaction out of the usual course of the retail business shall be undertaken by either of the partners, without previous consultation with, and the approbation of, the other partner. Eighth. Neither party shall withdraw from the joint stock, at any time, more than his share of the profits of the business thea earned, nor shall either party be entitled to interest on his share of the capital ; but if, at the expiration of the year, a balance of profits be found due to either partner, ho shall be ut liberty to 40 AGREEMENTS. withdraw the said balance, or to leave it m the businesSj provided the other partner consent thereto, and in that case he shall be allowed interest on the said balance. Ninth. At the expiration of the aforesaid term, or earlier dis- solution of this copartnership, if the said parties or their legal representatives cannot agree in the division of the stock then on hand, the whole copartnership effects, except the debts due to the firm, shall be sold at public auction, at which both parties shall be at liberty to bid and purchase like other individuals, and the pro- ceeds shall be divided, after payment of the debts of the firm, in the proportions aforesaid. Tenth. For the purpose of securing the performance of the foregoing agreements, it is agreed that either party, in case of any violation of them or either of them by the other, shall have the right to dissolve this copartnership forthwith, on his becoming in formed of such violation. In witness, c., fas in General Fora.] Agreement to continue the Partnership ; to be endorsed on the Back of the Original Articles. WHEREAS the. partnership evidenced by the within-written ar- ticles has this day expired by the limitations contained herein, [or will expire on the day of next] it is hereby agreed, that the same shall be continued on the same terms, and with all the provisions and restrictions herein contained, for the further term of years from this date, [or from the day of next.] In witness, &c., [as in General Form.] Agreement for the Sale and Delivery of Personal Property THIS AGREEMENT, made this day of , one thousand eight hundred and sixty, between of the city of of the first, part, and , of the said city, of the second part WITNESSETH, that tlio said , in consideration of the cove- nants on the part of the said , doth covenant to and with the said , that he will deliver to the said , at his storehouse [ n aforesaid one thousand bushels of wheat, of good mer- chantable quality, on or before the day of next. And the said , in consideration of the covenants on fcho part of the said , doth covenant and agree to ana with the said , that he will pay to the said at the rate of owe dollar for each bushel of wheat so delivered, immediately on fee completion of the delivery thereof. Ill witness, &c. t [as in General Form.] FORMS OP CONVEYANCES. 41 FORMS OF CONVEYANCES. A DEED is an instrument in writing between parties legally able to contract, and duly signed, sealed and delivered. Deeds may bo written on parchment or paper. Every instrument with a seal at- tached to it is a deed ; but the word deed is generally applied in court only to conveyances of land. In the State of New-York one witness to the execution of a deed is sufficient. Should there be no witness, it is necessary to have the deed acknowledged by a Commissioner of Deeds. In Vermont, New Hampshire, Rhode Island, Connecticut, Ohio, Pennsylvania, Georgia, Illinois and Indiara, two witnesses are required. In South Carolina, Delaware and Tennessee, two witnesses are only re- quired when the deed is to be proven ty witnesses. In the other States no witnesses are necessary. To render a person legally able to convey property to another by deed the following are necessary, viz : 1st, he or she must be a citizen ; 2dly, of a sane mind ; 3dly, he or she must be right- fully possessed of the property 4thly, of age. A deed takes effect from its delivery to the party to whom it i8 made or to his authorized agent. A promise to deliver a deed, if accompanied by any act or writing to that import, constitutes a delivery. Or it may be formally delivered, but yet be retained by the maker until certain conditions are performed ; and it takes full effect upon the performance of such conditions. A seal of wax or wafer should always be attached to each sig- nature to a deed. In some of the Southern and Eastern States a circle or scroll with the pen is allowed in the place of a seal ; but it is not always safe, and has sometimes led to litigation that might have been avoided if a wafer or sealing wax had been used. It is not safe to depart from the established forms of deeds. In taw a deed consists of the following 1st, the names of the parties making it and to whom it is made ; 2dly, the consideration (that IB the amount of money) for which the land was sold; 3dly, the description of the property conveyed ; 4thly, the quantity of in- terest in the property conveyed; and 5thly, the conditions, reser- vations, and covenants (if any) on which it is conveyed. A maBried man cannot convey away any part of his real estate without the consent of his wife; and if it shall be subsequently 42 FORMS OF CONVEYANCES. proven that her consent vras wrung or extorted from her through threats, or violence Df any kind soever, her interest in the same can be recovered. Hence, it is necessary for her to acknowledge before a Commissioner of Deeds, who shall put the same in writ- ing on the deed, and with his own name as a witness, that sho signed the same of her own free will and without fear or coercion of any kind. Deeds should be recorded without delay in the County Clerk's office of the county in which the property is situate. Neglect oi this important step has often led to expensive law suits that might by proper attention to it in the beginning have been avoided. Deed Without Covenants. THIS indenture, made the day of , in the year of our Lord, one thousand , between A. B., of, &c., of the first part, and C. D., of, &c., of the' second part, Witnesseth: That the said party of the first part, for and in consideration of the sum of fifty dollar, to him in hand paid, by the said party of the second part, the receipt whereof is hereby acknowledged : hath bargained and sold, and by these presents doth bargain and sell, unto the said party of the second part, and to his heirs and assigns for ever, all, &c. [Here describe the property.] Together with all and singular, the hereditaments 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, claim, or demand, whatsoever of him, the said party of the first part, either in law or equity, of, in, and to, the above bargained premises, and every part and parcel thereof: to have and to hold to the said party, of the second part, his heirs, and assigns, to the sole and only proper use, benefit, and behoof of the said party of the second part, his heirs and assigns, for ever. In witness whereof, we have hereunto set our hands and seals, the day and year first above written- Sealed and delivered ^ in presence of A. B. [L.S.] JAMES MOORE, C. D. [L.S.J ISAAC WISE. Quit-Claim Deed. KNOW all men by these presents, that we, A. B., of, &c., and C., the wife of the said A., in consideration of the sum of , to ui in hand paid, by D. E. 3 of, &c., the receipt whereof wo do herebj FORMS OF CONVEYANCES. 43 acknowledge, have bargained, sold, and quit-claimed, and by theso presents do bargain, sell, and quit-claim, unto the said D. E., and to his heirs and assigns for ever, all our. and each of our right, title, interest, estate, claim, and demand, both at law and in equity, and as well in possession as in expectancy of, in, and to all that certain farm, or piece of land, situate, &c.. [describing it,] with all and sin- gular, the hereditaments and appurtenances thereunto belonging. lu witness, &c. [as in General Form of Agreement.] Deed with Covenants against the Grantor Only. Tins indenture, made this, &c., between A. B., of , of the one part, and C. D.. of , of the other part, witnesscth : That the said A. B., in consideration of , to him in hand pa-id, by the said C. D., the receipt whereof he doth hereby acknowledge, hath granted, bargained, sold, released and confirmed, and by these presents doth grant, bargain, sell, release, and confirm unto the aid 0. D., and his heirs and assigns for ever, all ; together with all and singular, the hereditaments and appurtenances whatsoever, to the same belonging or appertaining; and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof, and every part and parcel thereof ; and also all the estate, right, title, interest, trust, property, claim, and demand whatsoever, both at law and in equity, of the said A*. B., in, to, or out of the said lands, tenements, hereditaments, and premises : to have and to hold the said lands, tenements, and hereditaments, and all and sin- gular other the premises hereinbefore mentioned, with their appur- tenances, unto the said C. D., his heirs and assigns, and to his and their only proper use and behoof. And the said A. B. doth hereby, for himself, his heirs, executors, and administrators, covenant, promise, and agree, to and with the said C. D., his heirs, executors, administrators, and assigns, in manner and form following, that is to say: that the said C. D., his heirs and assigns, shall, and may peaceably and quietly have, hold, and enjoy the said lands, tenements, hereditaments, and pre- mises., and every part and parcel thereof, without the let, suit, trouble, eviction, or disturbance of the said A. B., his heirs or as- signs, or of or by any other person or persons lawfully claiming, or to claim from, by, or under, o* 1 in trust for him, them, or any of them. And that the said lands, tenements, hereditaments, and premises, and every part and parcel thereof, now are, and from henceforth shall continue, remain, and be unto the said C. ])., his heirs and assigns, free and clear, and freely and clearly acquitted, exonerated and discharged of, from, and against all former and other gifts grants, bargains, sales, mortgages, estates, titles, troubles, charges, and encumbrances whatsoever, had, made, done, committed, occa jioned, or suffered, by tho said A. B., or by any person lawfully 44 FORMS OF CONVEYANCES. claiming, or to claim by. from, or under him, or by his, their, or any of their act, means, assent, or procurement. And the said A. B., and his heirs, all and singular the aforesaid lands, tenements, hereditaments, and premises, and every part anl parcel thereof, unto the said C. D., his heirs and assigns, against him, the said A. B., his heirs and assigns, shall and will warrant ind for ever defend by these presents. In witness, <fec. [as in General Form of Agreement.] Deed with Full Covenants. THIS indenture, made the day of , in the year , be- tween A. B., of , and C., his wife, of the first part, and D. E., of , of the second part, witncsseth: That the said parties, of the first part, for and in consideration of the sum of , current money of the United States, to them in hand paid, by the said parties of the second part, at and before the ensealing and delivery of these presents, the receipt whereof they do hereby acknowledge; and thereof and therefrom, and of and from every part and parcel thereof, do acquit, release, exonerate and discharge the said party of the second part, his heirs, executors, administrators, and assigns, and every of them, by these presents have granted, bargained, sold, aliened, remised, released, and confirmed, and by these presents do fully, freely, and absolutely grant, bargain, sell, alien, remise, re- lease, and confirm unto the said party of the second part, and hia heirs and assigns, for ever, all that messuage, or dwelling-house, and lot of land thereto belonging, situate, lying, and being, &c.j together with all and singular the hereditaments and appurte- nances whatsoever, to the said messuage, lot of ground, and 'pre- mises belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof, and of every part and parcel thereof, and also ail the estate, right, title, interest, property, possession, claim and demand whatsoever, of the said parties of the first part, and each of them, of, in, and to the same, or any part or parcel thereof: To have and ' to hold the said messuage and lot of ground and premises, with . \ their, and every of their rights, members, and appurtenances, unto " ' the said party of the second part, his heirs and assigns for ever, to the only proper use, benefit, and behoof of the said party of the second part, his heirs and assigns for ever. And the said A. B. and his heirs, all and singular the aforesaid messuage, lot of ground, and premises, with their and every of their right?, members, and appurtenances, hereby granted and released, and every part and parcel thereof, unto the said party of the second part, his heirs and assigns, and against him, the said A. B., his heirs and assigns, and against all and every other person or persons whomsoever, shall arid will warrant, and for ever defend by thoao present*. FOIIMS OF CONVEYANCES 45 And the said A. B., for himself, his heirs, executors, and istrators, and each and every of them, doth hereby promise, cove- nant, grant, and agree, to and with the said party of the second part, his heirs and assigns, in manner and foiau following, that is to say: that he, the said A. B., is at the time of the ensealing and delivery of these presents, the true, lawful, and rightful owner and proprietor of the said messuage and lot of ground and premises, with their, and every of their rights, members, and appurtenances. and every part and parcel thereof, of a good, pure, perfect, and indefeasible estate of inheritance, in fee simple, without any man- ner of condition, or limitation, of any use or uses, or any other matter, cause, or thing whatsoever, to determine, alter, change, or defeat the same. And that he, the said A. B., has, in himself, good right, full power, and lawful and ab&olute authority, to grant, bargain. selL remise, release and confirm the said messuage, and lot of land and premises, with their and every of their appurtenances, unto the said party of the second part, his heirs and assigns, in manner and form aforesaid. And also, that he the -said party of the second part, his heirs and assigns, and every of them, shall, and 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 premises hereintobeforo mentioned, or intended to be hereby conveyed, and every part and parcel thereof, with their and every of their appur- tenances, without any let, suit, trouble, denial, eviction, ejection, or interruption, whatsoever, of or by him, the said A. B., his heirs or assigns, or at, or by any other person or persons whatsoever, having, or lawfully claiming any estate, right, title, or interest, of, in, or to the same, or any part thereof, and that free and clear, and, freely and clearly acquitted, exonerated, and discharged of and from all, and all manner of former and other bargains, sales, gifts, grants, fcoffments, devices, dowers, rights, and titles of dowers, uses, issues, fines, annuities, debts, duties, judgments, executions, recognizances, and all other estates, rights, titles, troubles, charges, and encumbrances whatsoever, had, made, committed, done, or suf- fered, or to l)e had, made, committed, done, or suffered, in anywise whatsoever, by him the said A. B., or by any other person or per- sons whatsoever, having, or lawfully "claiming any estate, right, title, or interest, of, in, or to the same, or any part or parcel thereof. And, moreover, that he, the said A. B., and his heirs, and all and every other person or persons, having, or lawfully claiming any estate, right, title, or interest, of, in, or to the said messuage, lot of ground, and premises, or any part or parcel thereof, by, from, or under him, shall and will, from time to ^ime. and at all times hereafter, upon the reasonable request, and at the proper costs any of tho sold pnrty of the second part, his heirs or ' *6 FORMS OF CONVEYANCES. make, do, acknowledge, levy, suffer, and execute, or cause and pro cure to be made, done, acknowledged, levied, suffered, and executed all and every such further and other act and acts, thing and things device and devices, conveyances and assurances in the law what soever, for the further, better, and more effectual conveying, set- tling, and assuring, of all and singular, the premises herein before mentioned, or intended to be herein conveyed, with their, and ever} of their rights, members, and appurtenances, to the only propei use and behoof of 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, or his or their counsel learned in the law, shall be rea- sonably devised, advised, or required. In witness, &c. [as in General Form of d grtement.} Conveyances of Lands on Sale by Mortgage. THIS indenture, made the day of , in the year , between A. B., of, &c., of the one part, and C. D., of, <EC., of the other part. "Whereas E. F., of, &c., did, by a certain indenture of mortage, dated the day of , in tb.e year , for tho consideration of , bargain and soil unto the said A. B., and to his heirs and assigns for ever, all that certain, &c. ; together with all and singular the hereditaments and appurtenances thereunto belonging : To have and to hold the said granted and bargained pro. mises, with the appurtenances, unto the said A. B., his heirs and as- signs, to the only proper use and behoof of the said A. B., his heira and assigns for ever; provided, nevertheless, and the said indenture of mortgage was thereby declared to be upon condition, that if the said E. F., his heirs, executors, or administrators, should well and truly pay unto the said A. B., his executors, administrators, or as- signs, the just and full sum of , with lawful interest for the same, on or before the day of , in the year of , according to the condition of a certain bond or writing, obligatory, bearing even date with the said indenture of mortgage, that then, and in such case, the said indenture, and the said writing obligatory, should be void, and of no effect : And the said E. F. did, by the* said inden- ture, for himself, his heirs and assigns, agree with the said A. B., his heirs, executors, administrators, and assigns, that in case it should so happen, that the said sum of , and the interest for the same, should be du and unpaid, at the time limited for the payment thereof, in the whole or in part thereof, that then it should and might be lawful for the said A. B v his heirs or assigns at anj time after default in payment, to bargain, sell, and dispose of the said mortgaged premises, with the appurtenances, at public ven due, and out of the moneys to arise from the sale thereof, to retain and keep the said sum o dollars, and the interest, or BO much thereof as might be due, together with the costs and charges of FORMS OF CONVEYANCES. 47 such ualo, or salos, rendering the overplus money, if any, to the eaid E. F., his heirs, executors, administrators, or assigns : And, whereas the said E. F. did not pay to the said A. B. the said sum of money, with the interest, at the time limited for payment, or at any time since : and the said A. B hath, therefore, in pursuance of the authority so given to him as aforesaid, and according to the statute in such case made and provided, caused the premises feo be advertised and sold at public auction; and the same has been struck off to the said C. I)., for , being the highest sum bid for the same. Now, therefore, this indenture witnesseth, that the said A. B., in pursuance of the power and statute aforesaid, and also for and in consideration of the said sum of , to him in hand paid, by the said C. D., at and before the ensealing and delivery hereof, the re- ceipt* whereof is hereby acknowledged, hath granted, bargained, aliened, released, and confirmed, and by these presents doth grant, bargain, sell, alien, release, and confirm unto the said C. D., and to his heirs and assigns forever, all the farm, piece, or parcel of land above mentioned, together with the hereditaments and appurte- nances, as the same is described and conveyed by said indenture of mortgage; and all the estate, right, title, interest, claim, and demand at law and in equity, of him the said A. B., and also of the said E. F., as far forth as the said A. B, hath power to grant and con- vey the same, of, in, and to the premises, and every part and parcel thereof: To have and to hold the said above granted and bargained premises, with the appurtenances, unto the said C. D., his heira and assigno, to the sole and only proper, use and behoof of the said C. B., Lis heirs and assigns, forever. In witness, &c. [as in General Form of Agreement.] Deed of Warranty, with Release of Dowei. KNOW all men by these presents, that I, A. B., of , in tho county of , farmer, in consideration of ' dollars, to me paid, by C. D,. of , in the county of , merchant, (the receipt whereof is hereby acknowledged), do hereby give, grant, bargain, Bell, and convey unto the said 0. I)., his heirs and assigns, a certain tract ^or parcel of land, situate in 7 aforesaid, bounded and described as follows, viz., [describe the land,] with all the previ- leges and appurtenances thereto leionging. To have and to hold the aforegranted premises, to the said C. D., ind his heirs and assigns, in fee simple forever; and I, the said A. B., for myself and my heirs, executors, and administrator^ do covenant with the said C. D., and his heirs and assigns, that I am Lawfully sewed in fee of the aforegranted premises ; that Uiey arc free from all encumbrances ; that I have good right to sdl and convey the same to the said 0. IV. as aforesaid and that I will *tf IfOKMS OF CONVEYANCES, and my heira, executors, and administrators, shall warrant aLd d0 fend the same to the said C. D., and his heirs and assigns forever, against the lawful claims and demands of all persons. And foi the consideration aforesaid, and for divers other good and valuable considerations, I, II. B., wife of said A. B., do hereby release and quit-claim, unto the said C. D., his heirs and assigns, all my right, claim, or possibility of dower, in or out of the afore-described premises. In witness, &c. fas in General Form of Agreement.] Deed of Quit-Claim, with Special Warranty. KNOW all men by these presents, that I, John Sloeum, of in the county of , farmer, in consideration of dollars to me paid, by William Harris, of , in the county of , baker, (the receipt whereof is hereby acknowledged,) do hereby convey, revise, release, and forever quit-claim, unto the said William Harris, his heirs and assigns, all that tract or parcel of land situ- ate in aforesaid, bounded and described as follows, viz., [here describe the land.] with all the privileges and appurtenances thereto belonging. To have and to hold the above-released premises to the said William Harris, his heirs and assigns, to his and their use and behoof forever. And I, the said John Slocum, for myself, my heirs, executors, and administrators, do covenant with the said William Harris, his heirs and assigns, that the premises are free from all encumbrances made or suffered by me ; and that I will, and my heirs, executors, and administrators, shall warrant and defend the same to the said William Harris, his heirs and assigns forever, against the lawful claims and demands of all persona claiming by, through, or under me, but against none other In witness, &c. [as in General Form of Agreement.] Deed of Mortgage, -with Proviso to keep Premises Insured KNOW all men by these presents, that I, A. B., of , mer chant, in consideration of dollars to me paid by C. D., of , esquire, (the receipt whereof, is hereby acknowledged,) do hereby give, grant, bargain, sell, and convey ur.to the said C. D., his heirs and assigns, a certain tract or parcel of land, situate in , bounded and described as follows, viz., [describe the land,] with all the privileges and appurtenances thereto belonging. To have and to hold the above-granted premises to the said C. IX, his heirs and assigns, to his and their use and behoof forever. And I, the said A. B., for myself and my heirs, executors, and adminio- trators, do covenant with the said C. D., his heirs and assigns, that I am lawfully seized in fee simple of the afore-grantod premises; IfOKMS OF CONVEYANCES. 49 that they are free from all encumbrances; tlwt 1 havo good light to sell and convey tho same to the said C. D., his heirs and assigns forever, as aforesaid, and that I will, and my heirs, executors, and administrators shall warrant and defend the same to the said 0, D., his heirs and assigns forever, against the lawful claims and de- mands of all persons. Provided, nevertheless, that, if the said A. B., his heirs, execu tors, or administrators, shall pay unto the said C. D., his executors, administrators, or assigns, the sum of dollars in three years from the date of these presents, with interest on said sum, at the rate of six per centum per annum, payable semi-annually, and, until such payment, keep the buildings standing on the land afore- said insured against fire, in a sum not less than dollars, for the benefit of the said mortgagee and his executors, administrators, and assigns; at such insurance office in as the said C. D. shall approve; then this deed, as also a certain promissory note bearing even date with these presents, signed by the said A. B., whereby the said A. B. promises to pay to the said C. D. the said sum and interest, at the times aforesaid, shall both be absolutely void to all intents and purposes. [And provided also, that, until default of the payment of the Baid sum or interest, or other default, as herein provided, the mort- gagee shall have no right to enter and take possession of tho premises.] In witness, &c. [as in General Form of Agreement.] Deed to C. D., to hold until E. F. shall become of Age, and then to E, F. in Fee ; or, if E. F. shall die before the age of Twenty-one Years, then to C. D, in Fee. KNOW all men by these presents, that I, A. B., of, &c., in consid eration of dollars, to me paid, by C. D., of , &c., and other good and valuable considerations, do hereby give, grant, bargain, sell and convey unto the said C. D. and his son E. F., the following described tract or parcel of land, situate in r aforesaid, bounded and described as follows, viz. [here describe 'the land,] with all the privileges and appurtenances thereto belonging. To have and to hold the above-granted premises unto the said C. I)., for and during the minority of his son E. F., and until the said E. F. shall arrive at the age of twenty-one years; and unto the said E. F., and his heirs, to his and their own use, in case he shall arrive at the full age of twenty-one years ; but in case the said E. F. shall decease before he arrives at the age of twenty-one years, then unto the said C. D. and his heirs and assigns, to their own uae forever. In wiinoss whsreof, [as in General Form qf Agreement.} 50 FOMIS OF CONVEYANCES. Deed by a Guardian empowered to sell by Leave of Court To all persons to whom these presents shall come, D. P., of, guardian of A. B. and C. D., minors and children of T. W., late of said , deceased, sends greeting : WHEREAS, by an order of the Probate Court, holden at , within and for the county of , on Monday the day of , in the year , the said D. P., in his capacity of guardian, as aforesaid, was empowered and licensed to make sale of the whole of the said minors' interest, being one undivided twelfth part each of the real estate hereinafter described; and whereas, the said D. P., having given bond and taken the oath by law required, before fixing on the time and place of sale, having also given public notice of the said sale by printing a notification thereof, weeks successively, in the newspaper called , printed at , did, on Monday the day of , in the year , cause the said minors' interest to be exposed for sale, pursuant to the said notice, at public vendue, on the premises, and the same was then and there struck off to T. B. T., of , gen- tleman, for the sum of dollars, he being the highest bidder therefor. Now know ye, that I, the said D. P., in my capacity of guardian as aforesaid, by virtue of the license aforesaid, and in consideration of the sum of dollars, to me paid by T. B. T., of , &c., (the receipt whereof I hereby acknowledge,) do hereby give, grant, bargain, sell, and convey unto the said T. B. T., his heirs and as- signs, two undivided twelfth parts of a certain tract or parcel of laud, situate in , bounded and described as follows, viz. [here describe the land,] being the shares of the said minors therein with all thejDrivileges and appurtenances thereunto belonging. To have and to hold the above-granted premises to him the said T. B. T., his heirs and assigns, for ever. And I, the said D. P., for myself, my executors and administrators, do covenant with the said T. B. T., his heirs and assigns, that, in making the said sale, I h.ive in all things observed the rules and directions of the law ; and that I will, and my heirs shall, warrant and defend the granted premises to the said T. B. T., against the lawful claims and demands of tho said minors and their heirs, and all persons claiming the same by, through, or under them, or either of them. In testimony whereof, &c. [as in General Form of Agreement] Deed by an Administrator Empowered to sell by Leave of Court. To all persons to whom these presents shall come, T, A. B., of , in the county of , in the State of , as I am an administrator of the goods and estate which were of C. I)., late of , &c., deceased, intestate, send greeting FORMS OP CONVEYANCES. 51 WHEREAS, ly an order of the Court begun and held at , within the county of , on the day of- .., last past, I ; the said A. B., was licensed and empowered to sell and pass deeds to convey the real estate of the said C. D., hereinafter described; and whereas, I, the said A. B., having given public notice of the intended sale, by printhig a notification thereof, three weeks successively, in the newspaper called the , printed in , agreeably to the order and direction of said Court, and having given the bond and taken the oath by law in such cases required, previous to fixing upon the time and place of said sale, did, on the day of instant, pursuant to the license and notice aforesaid, sell by public auction the real estate of the said C. D., hereinafter described, to E. F., of , in the county of , gentleman, for the sum of dollars, he being the highest bidder therefor. Now, therefore, know ye, that I, the said A. B.. by virtue of the power and authority in me vested as aforesaid, and in consideration of the aforesaid sum of dollars, to me paid by the said E. F., (the receipt whereof is hereby acknowledged,) do hereby grant, bargain, sell, and convey unto the said E. F., his heirs and assigns, all that tract or parcel of land situate in , bounded and described as follows, viz. [Here describe the land.] To have and to hold the afore-granted premises to the said E. F., his heirs and assigns, to his and their use and behoof forever. And I, the said A. B-j for myself, and my heirs, executors, and ad- ministrators, do hereoy covenant with the said E. F., his heirs and assigns, that, in pursuance of the license aforesaid, I took the oath and gave the bond by law required, and gave public notice of said Bale as above set forth. In witness, &c. [as in General Form of Agreement.] Deed by an Administrator of an Estate which Ms Intestate had by Deed bound Himself to convey. To all people to whom these presents may come, A. B., of, &c., ad- ministrator of the goods and and estate which were of Y. Z., late of, &c., deceased, intestate, sends greeting : WHEREAS, heretofore, on the day of , an agree- ment was made between the said intestate and 0. P., of, &c., whereby the said Y. Z., on certain conditions in said agreement stated, en- gaged and bound himself by deed to convey the estate in said agreement described, to the said 0. P., which said agreement waa as follows, to wit. [here rec-ite the agreement ;} and whereas th said 0. P. has fully eomplied with and performed all the conditions, on his part, in said agreement contained, and, on representation thereof to the Court of , h olden at , on , tho said Court, by their Decree, did authorize and empower ma> th 52 FORMS OF CONVEYANCES. said administrator, by deed, to grant and convey the estate in 8aid agreement described, to the said 0. P., upon the terms and condi- tions in said agrjement contained : Now, therefore, know ye, that, by virtue of the authority and decree by said Court, given as aforesaid, and, in order to carry into full effect the said agreement of the said Y. Z., on his part, that I, the said A. B., administrator as aforesaid, in consideration of, to me in that capacity paid by the said 0. P., (the receipt whereof I do hereby acknowledge,) and in consideration that the said 0. P has in all things fulfilled and performed the conditions, on his part in said agreement contained, have given, granted, sold, and assigned; and by these presents I do give, grant, sell, and assign to him, the said 0. P., his heirs and assigns, all the said Y. Z.'s right, title, and interest, which he had, at the time of his decease, in and to tho estate in said agreement described. To have and to hold the same to him, the said 0. P., his heirs and assigns, to his and their use and behoof forever, in as full and ample a manner as I, tho said A. B., in my capacity of administra tor of said Y. Z., as aforesaid, and by force of said decree and authority or license of said Court, am empowered to convey the same. in testimony whereof, &c. [as in General Form of Agreement.} Deed by a Sheriff of an Equity of Eedemption sold at Auction. To all persons to whom these presents shall come, A. B , of Bos ton, in the county of Suffolk, and commonwealth of Massachusetts, gentleman, a deputy sheriff under M. N., sheriff of said county ; esquire, sends greeting: Whereas, I, the said A. B., as deputy Sheriff, as aforesaid, OD the , at said Boston, attached on mesne process, on a suic wherein W. X., of &c., was plaintiff, and Y. Z., of &c., was defend ant, all the right in equity which the said Y. Z. then had to redeem the real estate hereinafter described; and, whereas, by considera- tion of the justices of the court of , holden at Boston, within and for the said county of Suffolk, on , the said W. X. recov ored judgment against the said Y. Z., for the sum of , debt 01 damage, and costs of suit taxed at the sum of . on which judg ment, by order of said court, a writ of execution was issued on the day of -, directed to me, the said A% B., to be levied, satisfied, and executed and, whereas, by virtue of said writ of exe- cution, and in order to satisfy the same, I did afterwards, on tho day of , take and seize the right in equity of the said Y. Z., of redeeming the following described real estate, to wit, &c., [describe the estate}] and, whereas, afterwards, on the day of , having given due notice to the said Y. Z., and having dulj FORMS OF CONVEYANCES. 53 advertised the premises according to law, in due form, I sold the same at public auction to 0. P., of &c., who was the highsst bidder fciierefor, and the purchaser thereof at said sale, for the sum of . , which was the. greatest sum then and there bid therefor. Now, therefore, know ye, that I, the said A. B., in my capacity of deputy sheriff as aforesaid, in consideration of the said sum of , to me paid by the said 0. P., (the receipt whereof is hereby acknowledged,) have bargained, granted, sold and conveyed, and by these presents I do bargain, grant, sell, and convey to the said 0. P., all the right which the said Y. Z., at the said time of said attachment, had of redeeming the before-described estate, and every parcel thereof. To have and to hold the same, to him, the said O. P., his heirs, executors, administrators, and assigns, to his and their use and behoof for ever; subject, nevertheless, to the said Y. Z.'s right of redeeming the same. And I, the said A. B., do covenant with the said 0. P., as aforesaid, that, in making the said attachment and gale, and in every thing the same concerning, I have complied with, observed, and obeyed all the rules and requisitions in law foi attaching, and on execution making sales of, rights in equity to redeem real estate. In testimony, &c. [as in General Form of Agreement.] Short Form of B Deed with fall Covenants. KNOW all men by these presents, that we, John Doe, and Mary his wife, of the town of Dover, in the county of Dutchess, fjr and in consideration of the sum of fifty dollars, to us in hand now here paid, have granted, bargained, sold, and by these presents do grant, bargain, sell, and convey unto John Smith, of the samo place, all that certain parcel of land, situate in the said town of Dover, and described as follows : (or, which, in a deed of convey- ance, made by Richard Roe to the said John Doe, dated the day of , in the year , was described as follows :) [here insert boundaries;] with all the appurtenances, and all tho right, title, interest, claim, and demand of us, or either of us, in the premises ; to have and to hold the eame, with the appurtenan- ces, unto the said John Smith, and his heirs, in fee pimple, forever. And I, the said John Doe, for myself and my heirs, do hereby 'covenant and agree, to and with the said John Smith, and his heirs aud assigns, that I am now the owner of the said premises, and am seized of a good and indefeasible estate of inheritance therein, and thtit I have full right and power to sell and 3onvey the same hv fee simple absolute f that the said premises are free and clear of all incumbrances; that the said John Smith, his heirs assigns, may forever hereafter, have, hold, possets, an1 er" ^* , without any suit, molestation, or interruption, by any per- 54 FORMS OF CONVEYANCES. son whatever, lawfully claiming any right therein and that I, the said John Doe, and all persons hereafter claiming under me. will at any time hereafter, at the request and expense of the said John Smith, his heirs or assigns, make all such further assurances for the more effectual conveying of the said premises, with the appurtenances, as maybe reasonably required by him or them; and that I, the said John Doe, and my heirs, will warrant and de- fend the said premises, with the appurtenances, unto the said John Smith, and his heirs and assigns, forever. In testimony, &c. [as in General Form of Agreement.] Deed by Executors under an Authority in a Will. To all persons to whom these presents shall come, we, A. B. and C. D., both of, &c., executors of the last will and testament of Y. Z., late of, c., deceased, testate, send greeting : Whereas, the said Y. Z., in order to enable his said executors fully to carry into effect his intentions, did, in and by his last will and testament, authorize and empower his said executors, in any manner which they should deem proper, to make sale of and exe- cute and deliver deeds to convey, all his, the said testator's real estate : Now, therefore, know ye, that by virtue and authority to us flven by said Y. Z., in his last will and testament, we, the said . B. and C. D., executors as aforesaid, in consideration of the sum of , to us paid by 0. P., of, &c., (the receipt whereof is hereby acknowl edged,) have given, granted, bargained, sold and conveyed, and by these presents we do give, grant, bargain, sell, and convey, unto the said 0. P., his heirs and assigns, the follow- ing described parcels of real estate, which was the property of the said Y. Z., situate in , and bounded and described as fol- lows, to wit : &e. To have and to hold the aforegranted premises to him ; the said O J*., his heirs and assigns, to his and their use and behoof forever. And we, tho said A. B. and C. D., do covenant with the said O. P., his heirs and assigns, that we are lawfully the executors of the last will and testament of said Y. Z ; and that we have not made or suffered any incumbrance on the hereby -granted premises, since wo were appointed executors of said Y. Z. ; and that we have in aV respects acted, in making this conveyance, in pursuance of the au- thority granted to us in and by the said last will and testament ot the said Y. Z. In testimony &c. [as in General Form of Agreemint.* FORMS OF CONVEYANCES. 55 \ Deed of a Eight of Way and Brain. WHEREAS, II. S. and T. L., both of , in the county of , housewrights, are the joint owners of a lot of land, with a dwel- ling-house and appurtenances, fronting northerly on street, in said , and E. B. N., of said , mason, is the owner of a lot of land and house, also fronting northerly on said street, and ad- joining the house of the said S. and L., on the easterly side there- of, and an agreement has been made between the said S. and L. and the said N., by which the said S. and L. have agreed to grant to said N.. his heirs and assigns, being the owner of said land and house, a right of way in and over a part of their premises, and a right of drain through and under the same : Now, therefore, know all men by these presents, that we, the said H. S. and T. L., in pursuance of the said agreement, and in consideration of the sum of dollars, to us paid by the said E. B. N., do hereby give, grant, sell, and convey unto the said E. B. N., and his heirs and assigns, a right of way in and over a certain strip of land on the easterly side of our, the said S. and L. 7 s land, for him the said N., his tenants, servants, heirs, and assigns, at all times to pass arid repass from street aforesaid to the rear of the said N. ; s land, and from the rear of said house to said street, the said strip of land being of the width of feet, and of the length of feet, and running from said street to the' real of said land of said S. and L. ; and the said way is and shall be forever of said dimensions, and of the height of feet; and also, for the consideration above mentioned the said S. and L. do hereby give, grant, sell and convey to the said N., his heirs and assigns, the right to enter a drain from his said land into the drain now running under the said strip of land, to be used as a passage- way as aforesaid, and the same to use as a sewer or drain from said N.'s land to the common sewer in street ; the said N., and his heirs and assigns, at all times paying their just proportion of the expenses of cleaning and repairing the same. To have and to hold the said easements and privileges to him, the said N., his heirs and assigns forever, as appurtenances to his and their said land and house above described. [Add covenants of seisin, right to sell, and warranty.] Deed of a Water-Course. THIS indenture, made, &c. [Here insert the parties.} Whereas the said A. B. and C. D., at the time of the sealing and delivery of these presents, are respectfully seized in fee of and in two contiguous tracts, pieces, or parcels of land, with the appurtenances, in the township of , aforesaid ; and, whereas, there is a dam and race, or water-course, erected and made in and upon a certain rua w stream of water (called ,) within the land of the said A. K, 56 FORMS OP CONVEYANCES. for watering, overflowing, and improving meadow ground thereon; now this indenture witnesses : That said A. B., for divers good causes and considerations, and more especially for and in consider- ation of the sum of one dollar, to him paid by the said C. D., at or before the sealing and delivery hereof, (the receipt whereof ho does hereby acknowledge,) has granted, bargained, sold, released, and confirmed, and by these presents does grant, bargain, sell, re- lease, and confirm, unto the said C. D., and to his heirs and as- signs, all the water of the said run or stream of water, to be led and conveyed from the said dam, along the race or water-course aforesaid, into the said land of the said C. D., for the space of four days in every week, to wit : from Tuesday evening at sunset, to Saturday evening at sunset, from the first day of April to the first day of October, yearly and every year, for the watering, overflow- ing, and improving of meadow ground on the land of the said C. D., together with free ingress, egress, and regress, to and for the said C. D., his heirs and assigns, and his and their workmen, with horses, carts, and carriages, at all convenient times and sea- sons, through the land of the said A. B., his heirs and assigns, in and along the banks of the said dam and race, or water- course, for the amending, cleaning, and repairing the same, with liberty and privilege, for that, purpose, to dig and take stones and earth from the adjacent land of the said A. B., when and as often as need be, or occasion require. To have and to hold, all and singular, the premises and privileges hereby granted or mentioned, or intended BO to be, with the appurtenances, unto the said C. D., to the only proper use and behoof of the said 0. D., his heirs and assigns for- ever, he or they paying one moiety or half part of the expenses, which from time to time may accrue, in supporting, cleansing, and repairing the dam and water-course aforesaid. In witness, &c. ; fas in General Form of Agreement.] Sheriff's Certificate of the Sale of Real Estate. SUPREME COURT. ^ E. P. vs. C. D. $ I, A. B., Sheriff of the county of , do certify, that by virtuo of an execution in the above cause, tested the day of , in the year , by which I was commanded to make of the goods and chattels of C. D., in my bailiwick, dollars, which E. P had recovered against him in the said Court, for his damages, which he had sustained as well by reason of the not performing certain promises as for his costs and charges, and if sufficient goods and chattels could not be found, that then I should cause the said damages to be made of the real estate which the said C. D had on the - day of , in the year , or at any time after- wards, in whose hands soever tho fiaine might be, as by the said FORMS OF CONVEYANCES. 67 writ of execution, reference being thereunto had, mi. ire fully ap pears ; I have levied on and this day sold, at public vendue, ac- cording to the statute in such case made and provided, to G. H. who was the highest bidder, for the sum of dollars, which was the whole consideration, the real estate described in the an- nexed notice, (or " the real estate described as follows:") [Insert description.] And that the said sale will become absolute at the expiration of fifteen calendar months from this day, at which time the purchaser will be entitled to a conveyance pursuant to law, unless the said lands shall be redeemed or purchased from him. Given under my hand, this first day of January, i860. A. B., Sheriff of the County of NOTE. If the real estate be sold in separate parcels, the certificate must specify the price old for each distinct lot or parcel The recital of the execution in the Sheriff's certificate is not necessary to its validity ; but it is advisable to recite as much of the execution as is usually set forth iu the Sheriff's deed : in order that, if the execution be returned, the deed may be drawn from the certificate. Sheriff's Deed to the Purchaser. To all to whom these presents shall come, I, A. B., Sheriff of the County of , send greeting: Whereas, by a writ of execution, issued out of the Supreme Court of the State of New- York, to me directed and delivered, tested the day of , in the year , I was commanded to make of the goods and chattels of C. D., in my bailiwick, dollars, which E. F. had recovered against him in the said Court, for his damages, "which he had sustained as well by reason of the not performing certain promises as for hi& costs and charges, and that if sufficient goods and chattels could not be found, that then I should cause the said damages to be made of the real estate, which the said C. D. had on the day of , in the year , or at any time afterwards, in whose hands soever the same might be, as by the said writ of execution, reference be- ing thereunto had, more fully appears. And, whereas, after tho coming of the said writ to me, and before the day of the return thereof, I did, by virtue of the said writ, seize and take tho lands hereinafter particularly described, and have, for want of goods and chattels in my bailiwick, of the said C. D., to satisfy the said dam- ages, sold the said lands, as is hereinafter mentioned, at public auction, according to the statute in such case provided, to G. H., for dollars, being the highest sum bid for the same. And, whereas, upon the said sale, I made out and subscribed duplicate certificates thereof, containing a particular description of the premises sold, the price bid for the same, (or " for each dis- tinct parcel thereof," if sold in parcels,) the whole consideration money paid, and the time when such sale would become absolute, and the purchaser would be entitled to a convevanco pursuant to 58 FORMS OF CONVEYANCES. law j one of which duplicate certificates was, within ten days after the sale of the said lands, filed in the office of the Clerk of the said County of , and the. other was delivered to the said purchaser. And, whereas, the said premises, after the expiration of fifteen months from the time of the said sale, remained unredeemed, and no creditor of the said C. D. hath acquired the right or title of the said purchaser, according to the statute in such case made and pro- vided: Now, therefore, know ye, that I, the said A. B., the Sheriff aforesaid, by virtue of the said writ of execution, and of the stat- utes in such case made and provided, in consideration of the said sum of , to me in hand paid bv the said G. IL, the receipt whereof is hereby acknowledged, have granted, bargained, and sold, and by these presents do grant, bargain, and sell, unto the said G. II., and to his heirs and assigns, forever, all , [insert boundaries,] with its appurtenances, and all the estate, right, title, and interest, which the said C. D. had in the said tract, piece, and parcel of land, on the said day of , in the year , or at any time since, or now hath : To have and to hold the said land and premises, and every part thereof, with the appurtenances, unto the said G. II , his heirs and assigns, forever, as fully and absolutely as I, the said A. B., as Sheriff aforesaid, and under the authority aforesaid, might, could, or ought to sell and convey the same. In witness, &c., [as in General Form of Agreement.] Affidavit to entitle a Creditor to acquire the Title of the Original Purchaser at a Sheriff's Sale. Dutchess County, ss. JOHN SMITH, a creditor (or " 0. P., attorney" or " agent of John Smith, a creditor") of C. D., named in the copy of the docket of judgment hereto annexed, being sworn, saith, that the true sum due on said judgment,now, at the time of claiming the right to acquire the title of G. II., the original purchaser at the Sheriff's! sale of the estate of C. D., is dollars and cents. JOHN SMITH. Sworn, this day '/f , before me. Deed of Release. THIS Indenture, made between A. B. of , of the ono part, and C. D., of , of the other part, Witnesseth, That the eaid A. B., for, and in consideration of the sum of to him the said A- B. in hand, well and truly paid, at, or before the enseal- ing and delivery of these presents, the receipt whereof, he, the said A. B., doth hereby acknowledge, and thereof, and from every part and parcel thereof doth release, and forever discharge the said C D., his heirs, executors, and administrators, and c^cry of FORMS OF CONVEYANCES 59 them by these presents, hath granted, bargained, sold, aliened, re- leased, and confirmed, and by these presents doth grant, bargain, Bell, alien, release, and confirm unto the said C D., (in his actual possession now being, by virtue of a bargain and sale to him there- of made, for one whole year, by indenture, bearing date the day next before the day of the date of these presents, and by force of the statute made for the transferring of uses into possession :) and to his heirs and assigns, all that messuage, &c., together with all easements, profits, commodities, advantages, emoluments, and here- ditaments whatsoever, to the same belonging, or in any wise apper- taining, or, which, to ? and with the same now are, or at any times heretofore have been held, used, occupied, accepted, reputed, taken, or 'known, as part, parcel, or member thereof, or of any part there- of; and the reversion and reversions, remainder and remainders, rents, issues, and profits, of all and singular, the said premises, and every part and parcel thereof, with the appurtenances, and also all the estate, right, title, interest, property, claim, and demand what- soever, in law or equity, of him the said A. B., of, in, and to all, and singular, the said premises above mentioned, and of, in, and to every part and parcel thereof, with the appurtenances, To have and to hold all and singular, the said messuage, or tenements, lands, hereditaments, and premises above, in and by these presents, re- leased, and confirmed, and every part and parcel thereof, with the appurtenances, unto the said C/I)., his heirs, and assigns forever to the only proper use and behoof of the said C. D., his heirs, and assigns forever ; (or to, and for such intents and purposes as are hereinafter mentioned, expressed, and declared of, and concerning the same, that is to say : [expressing the uses at large.] [For the covenants, see deed with full covenants.] Deed of Confirmation from a Person on attaining the Age of Twenty-one Years, who was made a Party to a Convey- ance before he was of Age, To be endorsed on Convey- ance. MEMORANDUM, That the within named C. D. was not of age, a the time of making the within written Indenture, but hatli"no-ft attained his full age of twenty-one years ; and did on this - day of , seal and deliver this present Indenture, in the pres- ence of DEED. This Indenture, made, &c., between C. D., of, &c., a son, and ono of the heirs of E. D., deceased, of the one part, and A. B., of, c., of the other part. Whereas, by a certain deed of bargain and sale, bearing date on or about, &c., and made between E. F. and the Baid C. D., of the one part, and the said A. B., of the other part 60 FORMS OF CONVEYANCES. Ihr the consideration of five hundred dollars, the several messuages or tenements therein mentioned, and hereinafter intended to bo released, and confirmed, are thereby granted and conveyed, or intended so to be, unto and to the use of the said A. B., his heirs and assigns, forever, as by the said indenture of bargain and sale, relation being thereunto had, may more fully appear: And, where- as, the said C. D., at the time of the date and making the said in part recited Indenture of bargain and sale, was not of the age of twenty-one years, but hath since attained to such his age of twenty- one years, and hath this day , before the execution of these presents, duly sealed and delivered the said in part recited Inden- ture of bargain and sale : Now this Indenture Witnesseth, That aa well in performance of a covenant for further assurance in the said Indenture of bargain and sale contained, as also for and in con- sideration of the sum of dollars, to him the said C. D. in hand paid by the said A. B., at and before the ensealing, &c., being his full part and share of, and in the before mentioned sum of five hundred dollars, agreed to be paid for the purchase of the said messuage, tenements, and hereditaments, the receipt whereof he tho said C. D. doth hereby acknowledge, ho the said C. D. hath re- mised, released, aliened, and quit-claimed, and by these presents doth absolutely remise, release, alien, and forever quit-claim, and confirm unto the said A. B., in his actual possession now being by virtue of the before mentioned Indenture of bargain and sale, and to his heirs and assigns, all, &c. To have and to hold unto, and to the use of the said A. B., his heirs and assigns, forever. [Insert a covenant that he has done no act to encumber, except, fyc., and for further assurance, fyc.] la witness, &c., [as in General Form of Agreement.] Deed of Gift. THIS Indenture, made, &c. between E. P., of , of the one part, and G. II., son of the said E. F., of the other part, Witnesseth, That the said E. F.. as well for and in consideration of the natural love and affection which he, the said E. P., hath and beareth unto the said G. II., as also for the better maintenance, support, and livelihood of him, 'the said G. H., hath given, granted, aliened, en- feoffed, and confirmed, and by these presents doth give, grant, alien, enfeoff, and confirm, unto the said G. H., his heirs, and assigns, all that messuage, &c. Together with all and singular, the hereditaments and appurtenances thereunto belonging, or in anywise appertaining j and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof, and all tho estate, right, title, interest, property, claim, and demand whatsoever, of him the said D. F., ofj in, and to the said messuage, tenements, and premises, and of, in, and to every part and parcel thereof, with their, and every of their OF CONVEYANCES. 61 appurtenances : To have and to hold the said messuage, tenements, hereditaments, and all and singular, the premises hereby granted and confirmed, or mentioned, or intended so to he, with their, and every of their appurtenances, unto the said G. II., his heirs, and as- signs to the only proper use and behoof of him the said G II., his heirs and assigns, forever. And the said E. F., for himself, hia heirs, executors, and administrators, doth covenant, grant, and agree, to and with the said G. II., his heirs, and assigns, by these presents, that he, the said G. II., his heirs, and assigns, shall, and lawfully may, from time to time, and at all times hereafter, peaceably and quietly have, hold, use, occupy, possess, and enjoy the said messuage, farm, lands, tenements, hereditaments, and premises hereby granted and confirmed, or mentioned, or intended to bo here- by granted and confirmed, with their, and every of their appurten- ances, free, clear, and fully discharged, or well and sufiiciently Saved, kept harmless, and indemnified of, from, and against all for- mer and other gifts, grants, bargains, sales, jointures, feoffments. dowers, and estates, and of, from, and against all former and other titles, troubles, charges, and encumbrances whatsoever, had, done, or suifered, or to be had, made, done, or suffered, by him tho said E. F., his heirs, or assigns, or any other person or persons, lawfully claiming, or to claim, by, from, or under him, them, or any of them. In witness, &c. ; [as in General Form of Agreement.] Deed of Partition of Lands Descended. THIS Indenture, made the day of , in the year . between A. B., of, &c., and C., his wife, one of the daughters and heirs of D. E., late of, &c. ; of the one part, and F. G., widow, sister of the said C.. another of the daughters and heirs of the said D. E., of the other part,. Witnesseth, That it is covenanted, granted, and agreed, between the parties for the partition, to be had and made of the inheritance of the lands, tenements, and here- ditaments, which descended to the said A. F., in coparcenary, by and after the death of their father, the said D. E., m manner and form following. First, it is covenanted and granted, between the said parties, and the said F. doth grant, by these presents, that tho Baid A. B., and C., his wife, in the right of the said C., shall have, for their part and purparty of the aforesaid lands, tenements, and hereditaments, all, &c., [describing the share,] which the said A. B. and C., his wife, as in the right of the said C. shall have and en- joy, to her and her heirs, in full recompense and allowance of and for her part, and purparty. that to her belongeth, or ought to belong, of all the said lands, tenements, and hereditaments, by and after the decease of the said D. E., as one of his daughters, and hoirs. Second, it is in like manner covenanted and ^ granted be- tween the said parties, and the said A. B., and C., his wife, dotb 62 FORMS OF CONVEYANCES. grant by tlieso presents, that the said F. shall have, for hor part and purparty of the aforesaid lands, tenements, and hereditaments, all, &c., [describing the share,] which the said F. shall have and en- joy to her and her heirs, e., [as before,] In witness, &c., [as in General Form of Agreement.] Deed of Partition between Tenants in Common. THIS Indenture, made, &c., between A. B., of, &c., of the one part, and C. D., of, &c., of the other part, Witnessetk, That, where- as, they, the said A. B. and C. D. ; have, and hold in common, and as tenants in common, in equal parts, all, &c. It is covenanted, granted, concluded, and agreed, by and between the said parties, and each of them, covenants, grants, concludes, and agrees, for him- self, his heirs, and assigns, that a partition of the said lands, and other premises, in manner and form following, that is to say : First, the said A. B. 'shall, from henceforth, have, hold, possess, and enjoy, in severalty by himself, and to him, and his heirs, and assigns, for his half part, purparty, share, and proportion, of tho said lands and premises, all, &c. Together with all and singular, the hereditaments and appurtenances thereunto belonging, and tho reversion and reversions, remainder and remainders, rents, issues, and profits thereof. And the said C. D. doth accordingly give, grant, release, and confirm unto the said A. B., his heirs, and assigns, the lands and premises so as aforesaid set apart to the said A. B., as and for his part and share aforesaid : and, moreover, the said C. D., for him- self, his heirs, executors, and administrators, doth hereby covenant to and with the said A. B., his heirs, and assigns, that he, the said A. B.. his heirs, and assigns, shall, and may, from time to time, and at all times hereafter, well and peaceably have, hold, possess, and en- joy the lands and premises herein before assigned and conveyed to the said A. B., for his part and share, as aforesaid, free, clear, and dis- charged of and from all estates, rights, titles, interests, charges, and encumbrances, whatsoever, had, made, caused, or suffered to bo made, caused, or suffered, of or by the said C. D., or any person claiming, or to claim, by, from, or under him, and without any let, trouble, suit, entry, disturbance, or interruption of the said C. D., his heirs, or assigns, or of any person or persons lawfully claiming, or to claim, by, from, or under him, them, or any of them. Second, the said C. D. shall from henceforth have, hold, possess, and enjoy, in severalty by himself, &c., [proceed to set hie share as abovz and add the covenants.] In witness, &c. [as in General Form of Agreement.] FORMS OF CONVEYANCES. 63 Deed of Surrender of a Term of Years to the Person having the Reversion. THIS Indenture, made the day of , between A. B.. ofj &c., of the one part, and C. D., &C M of the other part Whereas, the said C. D., by his Indenture of lease, bearing date, &c., did de- mise, set, and to farm let, &c., [reciting the property, and the term a& in the tease.] Now these presents Witness, That for and in consid- eration of , to the said A. B., in hand paid, at tho sealing and delivery of these presents, by the said C. D., and to the intent and purpose that the said term, in the said lands and premises, may be wholly merged and extinguished, he, the said A. B., hath given a granted, and surrendered, and by these presents doth give, grant, and surrender, unto the said C. D., and his heirs, all the said lands and premises in the said Indenture of lease, contained and demised as aforesaid, and all the estate, right, title, interest, term of years, property, claim, and demand, whatsoever, of him, the said A. B., of, in. to, or out of the same, or any part or parcel thereof: To have and to hold the said lands and premises to the said C. D., his heirs and assigns, and to his and their only proper use and behoof. And the said A. B. doth hereby, for himself, his heirs, executors, and administrators, covenant and agree to and with the said C. D., his heirs and assigns, that he, the said A. B., hath not at any time heretofore made, done, committed, executed, permitted, or suffered, any act, deed, matter, or thing, whatsoever, whereby, or where- with, or by -reason or means whereof, the said lands and premises hereby assigned or surrendered, or any part or parcel thereof, are, or is, or may, can, or shall be, any ways impeached, charged, af- fected, or encumbered. In "witness whereof, [as in General Form of Agreement.} Surrender of a Lease by Endorsement. WHEREAS, the within named A. B. hath lately sold tho freehold and inheritance of the land and premises, by the within Indenture demised to C. D., and the same have been conveyed to him, tho eaid C. D., his heirs and assigns forever : Now, know all men, by these presents, that in consideration of to the within narnecl fJ. F., by the said C. D., in hand paid, at the ensealing and delivery of these presents, he, the said E. F., at the request and desire, and upon the acceptance of the said C. D., hath bargained, sold, sur- rendered, yielded, and given up, and by these presents doth bar- gain, sell, surrender, yield, and give up, unto the said C. D., and bis heirs, all and singular, the lands and premises, by the within Written Indenture, demised or mentioned, or intended so to be : and all the estate, right, title, interest, term of years, property, claim, and demand, of him, tho said E. F., of, in, or to the same, or any part or parcel thereof, to the end and intent that tho residue and 04 FOBMS OF CONVEYANCES. remainder of the within mentioned term may become, aac? b merged and extinguished in the estate of freehold vested in tho Baid 0. D., of, and in the said lands and premises. And tho Baid E. F. doth hereby, &c. [ Coven an tas before.] In witness, &c. [as in General Form of Agreement.] Surrender of a Lease to the Lessor by Endorsement. KNOW all men, by these presents, that I, the within named A. B., in consideration of , to mo in hand paid,, at, and before tho ensealing and delivery of these presents, do, for me, my executors And administrators, bargain, sell, surrender, and yield up, from the day of the date hereof, unto the within named C. D., and his heirs, (or his executors and administrators,) as well the within Indenture of lease, as the land and premises therein mentioned, and the term of years therein yet to come, with all my right, title, and interest thereto, and that free and clear of all encumbrances of what kind soever, at any time, by me, or by my privity, consent, or procure- ment, done, committed, or suffered. In witness, &c. [as -in General Form of Agreement.] Eelease by a Mortgagee to the Mortgagor, of part of the Mortgaged lands, part of the money being paid. THIS Indenture, made this day of , between A. B., of, &c., und C. D., of, &c. Whereas, the said C. D., by his Indenture of mortgage, bearing date the day of did, for the consid- eration therein specified, and for securing the payment of the moneys therein mentioned, convey to the said A. B. - certain lands situate at , and of which the lands hereinafter con- tained are part and parcel. And, whereas, the said C. D. hath, on the day of the date hereof, paid unto the said A. B. the sum of , part of the moneys so intended to be secured, and all interest duo and owing, for tho whole, principal money, so that there is duo to the said A. B., upon the said security, the sum of , principal money, and no more. And, whereas, the said A. B., at the desire and request of the said C. D., hath agreed to surrender and release to the said C. D., his heirs and assigns, the lands hereinafter de- scribed, and to accept and take the residue of the mortgaged land as his security for the sum remaining due, as aforesaid, and the in- terest thereof. Now these presents Witness, That the said A. B., in pursuance of the said agreement, and in consideration of ono Collar, to him in hand paid, at, and before the ensealing and de- livery of theso presents, oy the said C. D., hath granted, released, assigned, and made over, and by theso presents doth grar.t, release, assign, and make over, to the said C. D., and to his heira and as- signs, all tho part of tho said mortgaged lands, described and FOIiMS OF CONVEYANCES. 65 bounded as follows, that is to say, &c., with the hereditaments and appurtenances to the same belonging, and all the right, title, and interest of the said A. B., of, in, or to the same, to the intent that the lands aforesaid, and hereby conveyed, may be discharged from the said mortgage, so that the rest of the lands, in the said mort- gage specified, may remain to the said A. B. as heretofore. To have and to hold the lands and premises hereby released and con- veyed to the said C. D., his heirs and assigns, to his and their only proper use and behoof forever. In witness, &c. [as inGeneal Fom of Agreement.} Eelease of Dower by a Widow. To all to whom these presents shall come, A. B., of, &c., relict of B. B., late of, &c., send greeting: Know ye, that the said A. B., for, and in consideratiou of , to her in hand paid, at, or before the ensealing and delivery of these presents, by her son C. B., of, &c., hath granted, remised, released, and forever quit-claimed, and by these presents doth grant, remise, release, and forever quit- claim, unto the said C. B., his heirs , and assigns, forever, all tho 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 A. B., of, in, and to [a certain parcel of land, $*c., or if the release is intended to be a genernlone, say] all, and every, the messuages, lands, tenements, and real estate, whereof the said B. B., died, seized, or possessed, or whereof he was seized or possessed, at the time of his intermarriage with the said A. B., or at any time since, wheresoever the same may lie, and be situate, so that she, the said A. B., her heirs, executors, adminis- trators, or assigns, nor any other person or persons, for her, them, or any of them, 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, of, in, or to the same, or any part or parcel thereof, in whosoever hands, seisin or possession, the same may or can be, but thereof and therefrom shall be utterly barred and excluded, forever, by these presents. In witness, &c. [as in General Form of Agreement..] Release of Dower by Endorsement on a Deed. KNOW all men by these presents, that A. B., the widow arid re- lict of the within named C. D., lately deceased, in consideration of the sura of ten dollars, to her in hand paid, by the within named E. P., of, &c., at, or before the execution of these presents, the re- ceipt whereof, &c., and for divers other good causes and consider- ations, her thereunto moving, hath remised, released, and forever quit-claimed, and by these presents doth, for herself, her hoirn. ex- 66 FOEMS OF ccutors, and administrate rs, remise, release, and forever quit-claim, unto the said E. F., his heirs and assigns, all the dower, and right and title of dower, and all other the estate, right, title ; interest^ claim, and demand, whatsoever, both at law and in equity, of her, the said A. B., which she now hath, or which she, her hirs, execu- tors, or administrators, can or may at any time hereafter, have, claim, or demand of, in, to, or out of all and singular, the said land and premises, by the within Indenture conveyed, or mentioned, or in- tended so to be, or their -appurtenances, or any part thereof, so that she, the said A. B., her heirs, executors, and administrators, or any of them, shall not, nor will, at any time hereafter, have claim, or pretend to any such dower, or right, or title of dower, OP other estate, right, title, interest, pretence, claim, or demand, aa aforesaid, of, in, to, or out of the said premises, or any part there- of, with their appurtenances, but of, and from the same, and every part thereof, shall and will be from henceforth utterly debarred and excluded forever, by these presents. In witness, &c. [as in General Form of Agreement.} Deed of Gift of Personal Estate. KNOW all men by these presents, that I, A. B., of, &c., in con eideration of the natural love and affection which I have and beax for my son, C. B., and also for divers other good causes and con siderations, me, the said A. B., hereunto moving, have given, grant- ed and confirmed, and by these presents, do give, grant, and con- firm, unto the said C. B., all and singular, my goods, chattels, leas- es, and personal estate whatsoever, in whoso hands, custody, or possession soever they be : To have, hold, and enjoy, all and sin- gular, the said goods, chattels, and personal estate, aforesaid, unto the said C. B., her executors, administrators, and assigns, to tho only proper use and behoof of the said C. B. ; her executors, ad- ministrators, and assigns, forever. And I, the said A. B., all and singular, the said goods, chattels, personal estate and other tho premises, to the said C. B., her executors, administrators, and as- signa, against me, the said A. B., my executors and administrators, and all, and every other person and persons, whatsoever, shall and will warrant, and forever defend, by these presents : of all and singular, which said goods, chattels, personal estate, and other premises, I, the said A. B., have put the said C. B. in full posses. eion, by delivering to her one pewter dish, at the time of the seal- ing and delivery of these presents, in the name of the whole prom- isea hereby granted. In witness, &c. [as in General Form of Agreement.] FORMS OF CONVEYANCES. C7 Deed of Gift by a Father to a Son of his Personal Property, on Conditions. THIS Indenture, made the, &c., between A. B., of, &c. 7 of the ono part, and C. B., of, &c., of the other part. Whereas, the said A. B., being the father of the said C. B., by reason of his age and infirm- ities, is not capable of attending to his estate and affairs as for- merly, and has therefore agreed, for advancement of the gaid C. B., to make over his property to the said C. B., so that the said C. B. ehould pay the debts of the said. A. B., and afford him a mainte- nance as is hereinafter mentioned; Now this indenture Witnesseth, That the said A. B., in order to carry the said agreement into effect, and in consideration of the natural love and affection which he hath for and towards his son, the said C. B., and of the provi- soes, covenants, and agreements, hereinafter mentioned, by the said C. B., to be observed and performed, hath given, granted, bar- gained, sold, and assigned, and by these presents, doth give, grant, bargain, sell, and assign, unto the said C. B., his executors, adminis- trators, and assigns, all and singular, his household goods, and implements of household stock in trade, debts, rights, credits, and personal estate, whereof he is now possessed, or any ways inter- ested in or entitled unto, of what nature or kind soever the same nre, or wheresoever or in whosoever hands they be, or may bo found, with their and every of their rights, members, and appurte- nances, To have and to hold, the said goods, household stuff, stock in trade, debts, rights, and personal estate, and the- other the prem- ises, unto the said C. B., his executors, administrators, and assigns, forever, without rendering any account or being therefor in any wise accountable to the said A. B., his heirs, executors, or ad- ministrators, for the same. And the said C. B., for himself, his heirs, executors, and admin- istrators, doth covenant, promise, grant, and agree, to and with tho said A. B., his executors, administrators, and assigns, in manner and form following, that is to say: that he, the said C. B., his heirs, executors, and administrators, shall and will, settle, pay, discharge, and satisfy, or cause to be settled, paid, discharged, and satisfied, all accounts, debts, judgments, and demands, of every nature and kind whatsoever, now outstanding, against, or now due, from, or payable by the said A. B., or for the payment of which, the said A. B. shall be liable, or be held liable, either at law or equity, on account of any matter, cause, or thing heretofore had, suffered, done, or performed, and at all times hereafter, free, discharge, and keep harmless, and indemnified, the said A. B., his heirs, executors, ndministrators, from all and every such accounts, debts, judgments, and demands, and from all actions, suits, and damages, that may to him or them arise, by reason of tho non-payment thereof; and, moreover, that he, the said C. B., his heirs, executors, and admin- istrators, shall and will yearly, and every year, during tho term G8 FORMS OP CONVEYANCES. of the natural life of the said A. B., by four equal quarterly pay. inents, the first to begin on the day of next, well and truly pay, or cause to be paid, to the said A. B., or his assigns, the sum of for, or toward his support or maintenance, and find or provide for him sufficient meat, drink, washing, lodging, appare^, and attendance, suitable, to his state and situation, at the choice and election, from time to time, of the said A. B. Provided always, and upon this condition, and it is the true intent and meaning of these presents, that if the said C. B., his heirs, executors and administrators, shall neglect or refuse to pay the said accounts, debts, judgments, and demands, according to hia covenant aforesaid, or shall suffer the said A. B. to be pufc to any cost, charge, trouble, or expense, on account of the same, or shall neglect or refuse to pay the said annual sum, in manner aforesaid, or to find and provide for the said A. B., as aforesaid, that then, in all, any, or either of the cases aforesaid, it shall and may bo lawful to and for the said A. B., all and singular the premises hereby granted to take, repossess, and enjoy, as in his former estate. In witness, &c., [as in General Form of Agreement..] Deed of Gift of Goods to be used by the Giver during Life, KNOW all men by these presents, that I, M. B. of , in con- sideration of the natural love and affection which I have and bear to my nephew, F. S., of , and for and towards the better sup- port and maintenance of him after my decease, and for divers other good causes and valuable considerations me thereunto especially moving, have given, granted, and sold, and by these presents do give, grant, and sell unto the said F. S., all and singular my goods and chattels, wahtsoever and wheresoever, and of what nature, sort, or kind soever: To have and to hold the said goods and chattels hereby granted, bargained, and sold, and every part and parcel thereof, unto the said F. S., his executors, administrators, and as- signs, as his, and their own proper goods, chattels, and effects, from henceforth forever : Provided, always, and these presents are upon this special trust and confidence, and upon this express condition, that he, the said F. S., his executors, administrators, and assigns, shall and do permit and suffer me, the said M. B., to use, keep, and enjoy, all and singular, the said goods and chattels, [or if a part, specify them,] during my natural life, without paying or yielding anything for the same, or in respect thereof, nnd not otherwise and that from and after my decease, he, the said F. S.. his execu- tors, administrators, or assigns, shall, or lawfully may have, hold, and enjoy the same, and every part and parcel thereof, and dispose thereof, and convert the same to his own proper us^> and Vehoof, as he or they shall think fit. Ju witness, &c., [as in General Form n FORMS OF CONVEYANCES. 69 A Grant of an Annuity by Indenture. THIS indenture, made, &c., between A. B., of , of the one part, and C. D., of , of the other part, Wilnessetk, That the said A. B., for, and in consideration of the sum of , to him in hand well and truly paid, by the said C. D., at or before the seal ing and delivery of these presents, the receipt whereof the said A. B. doth hereby acknowledge, hath given, granted, and confirmed, and by these presents doth give, grant, and confirm, unto the said C. D., and his assigns, one annuity of , to be received, taken. had, and to be issuing out of all that messuage, &c., with all and singular the appurtenances thereunto belonging, and every part and parcel thereof, unto the said C. D., and his assigns, for, and during the natural life of him, the said C. D., payable, and to be paid at and upon , yearly, by even and equal portions; the first payment to begin and made at or upon , And if it shall happen that the said annuity of , or any part thereof, be oehind or unpaid, in part or in all, by the space of twenty -ono days next after cither of the said days or times of payment there- of, whereupon the same should or ought to be paid, as aforesaid: that then, and so often, at any time thereafter, it shall and may be lawful to, and for the said C. D., and his assigns, into, and upon the said messuage and premises above-mentioned, or any part thereof, to enter and distrain, and the distress and distresses then and there found, to take, lead, drive, carry away, and impound, and the same impound, to take, hold, and keep, until the said an- nuity and the arrears thereof, (if any shall be,) together with all costs and charges thereabout, or concerning the same, shall ^bo fully paid and satisfied. And the said A. B., for himself, his heirs, executors, and administrators, doth covenant, grant, and agree, to and with the said C. D., his executors, administrators, and assigns, that he, the said A. B., his heirs, executors, or administrators, shall and will, well and truly pay, or cause to be paid, unto the said C. D., his executors, administrators, or assigns, the said annuity, or yearly rent, charge, &c., above, at the days and time, and in man- ner and form, as above expressed and limited for payment thereof, according to the true intent and meaning of these presents. Ana Also that the said messuage, &c., above-mentioned, to bo charged And chargeable with the said annuity hereby granted, shall, from time to time, be, and continue, over, and sufficient for the payment of the said annuity of , yearly, during the life of tho eaicl C. D. In witness, &c , [as in General Form of Agreement.] ACKNOWLEDGMENTS. ACKNOWLEDGMENTS. By a Grantor, known to the Officer. Union County, ss. ON this day of , in the year , John Doe came bo fore me, and personally acknowledged that he had executed the within conveyance : and I certify that I know the said John Doe^ who made the said acknowledgment, to be the individual do scribed in, and who executed the said conveyance. A. B., Commissioner of Deeds for the County of Union. By Grantor, Identified by a Witness. Smith County, ss. ON the day of , in the year , John Doe came be- fore me, and acknowledged that he had executed the within convey- iince ; and at the same time came Richard Roe, residing in the towa of , in said county, who, being duly sworn by me, deposed and said, that he knew the person making the said acknowledgment to be the individual described in, and who executed the said con- veyance : which to me is satisfactory evidence thereof. A. B., Commissioner of Deeds of said County. By Husband and Wife, known to the Officer. Iron County, ss. ON this day of , in the year . John Doe and Mary his wife, came before me, and severally acknowledged that they had executed the within conveyance: and the said Mary, on a private examination, apart from her husband, acknowledged that she executed the said conveyance freely, and without any fear or compulsion of her husband : and I further certify that I know the persons who made the said acknowledgment to be the same indi- viduals described in, and who executed the said conveyance. A. B., Commissioner of Deeds of said County. Acknowledgment by Husband and Wife, both identified by a Witness, Marion County, ss. ON the day of , in the year , John Doe and Mary, his wife, personally came before me, and severally acknowledged that they had executed the within conveyance : and the said Mary, ACKNOWLEDGMENTS. *7l on a private examination, apart from her husband, acknowledged that she executed the same freely, without any fear or compulsion of her husband: and at the same time appeared llichard Roe, re- siding in the town of , in said county, who being by me duly sworn, deposed and said, that he knew the persons making the acknowledgment as aforesaid, to be the same individuals described in, and who executed the within conveyance, which to me is satis- factory evidence thereof. A. B., Commissioner of Deeds of said County. Acknowledgment by Husband and Wife Husband known and Wife identified. Or.eida County, ss. ON the day of , in the year , John Doe and Mary, his wife, personally came before me, and severally acknowledged that they bad executed the within conveyance : and I certify that I know the said John Doe to be one of the individuals described in, and who executed the same : and the said Mary, on a private examination, apart from her husband, acknowledged that she exe- cuted the said conveyance freely, without any fear or compulsion of her husband : and at the same time appeared llichard Roe, re- siding in the town of , in the county aforesaid, who, being by me duly sworn, deposed and said, that he knew the said Mary, who made the acknowledgment as aforesaid, to be the same indi- vidual described in, and who executed the within conveyance, which is to me satisfactory evidence thereof. A. B., Commissioner of Deeds of said County. Acknowledgment by Four Persons two known, and two identified. Kings County, ss. ON the day of , in the year , A. B., C. D., E. F., and G. IL, personally came before me, and severally acknowledged that they had executed the within conveyance : and at the same time appeared llichard Roe, residing in the town of , in said county, who, being by me duly sworn, deposed and said that he know A. B., and C. D., two of the persons making the said ac- knowledgment, to be two of the individuals described in, and who executed the within conveyance, which is to me satisfactory evi- dence thereof. And I further certify, that I know E. F., and G. IT., the two other persons making the said acknowledgment, to be the other two persons described in, and who executed the said convey unco. A. B., Commissioner of Deeds of said County. 72 PROOF OF DEEDS. Acknowledgment by a Person conveying by Virtue of a Power of Attorney. Kings County, ss. ON the day of , in the year , John Stiles person- ally came before nie, and acknowledged that he had executed the within conveyance as th6 act and deed of John Doe, therein de- scribed, by virtue of a Power of Attorney, duly executed by the said John Doe, bearing date the day of , in the year , recorded in the office of the Clerk of the County of Kings. And I further certify that I know the said John Stiles, who made the said acknowledgment, to be the same individual who executed the within conveyance : fo? - , if the person is unknown to the officer, and is identified, say,] and at the same time appeared Richard Roe, of the town of , and county aforesaid, who, being by me duly sworn, depose^ and said, that he knew the individual, who made the said acknowledgment, to be the same person who executed the within conveyance, which is to me satisfactory evidence thereof. A. B., Commissioner of Deeds of Kings County. Acknowledgment, by a Deputy Sheriff, of a Deed executed by him in the Kame of the Sheriff. Union County, ss. ON the day of, , in the year , A. S. "W. came before me, and personally acknowledged that he, as a general deputy of B. H., Esq., the Sheriff of the County of Union, had executed the within conveyance, in the nam3, and as the act and deed of the said Sheriff: and I certify that I know the said A. S. W./who made the said acknowledgment, to be the individual described in, and who executed, the said conveyance. P. V. G., Commissioner of Deeds of Union County. PROOF OF DEEDS. Proof by a Subscribing Witness who is known to the Officer. Lake County ss. ON this day of , in the year , John Smith, with whom I am personally acquainted, came before me, and, being by me duly sworn, deposes and sa)'s, that he is a resident of the town of , in the countv of ; that he saw John Doe execute the within conveyance : that he, the said John Smith, subscribed hia name thereto as a witness, and that ho knew the said John Doe PROOF OP DEEDS. 7 3 to be tho person described in, and who executed, the said con-vey anco. A. B., Commissioner of Deeds of Lake County. Proof by a Subscribing Witness not known to the Officer, but identified by another Witness. Queens County, ss. ON this day of , in the year , John Smith came before me, and, being by me duly sworn, deposes and says, that he resides in the town of , in the county of ; that ho saw John Doe e'xecute the within conveyance ; that he, the said John Smith, subscribed his name thereto" as a witness, and that he knew the said John Doe to be the person described in, and who executed, the said conveyance : and at the same time came before me Richard Roe, residing in the town of , and county of , who, being by me duly sworn, deposes and says, that he knows the said John Smith to be the same person who was a subscribing witness to the within conveyance, which is to me satisfactory evidence thereof. A. B., Commissioner of Deeds for the County of Queens. Proof by Subscribing Witness of the Execution of a Deed by Husband and Wife residing out of the State, the Subscri- bing Witness being known to the Officer. Queens County, ss. ON the day of ,in the year , John Smith, with whom I am personally acquainted, came before me, and being by me duly sworn, deposes and says, that he resides in the town of Sharon, in the county of Litchfield, and State of Connecticut ; that he saw John Doe, and Mary his wife, severally execute the within conveyance that he subscribed his name thereto as a witness, and that he knew the said John Doe, and Mary, his wife, to be the same persons described in, and who executed the said conveyance , and that, at the time of the execution thereof, the said John Doe, and Mary his wife, were residents of the said town of Sharon, in the State of Connecticut. A. B., Commissioner of Deeds of the County of Queens Proof "by Subscribing Witness, identified in same Case as preceding. Queens County, ss. ON the day of , in the year , John Smith came before me, and, being by me duly sworn, deposes and says, that be resides in the town of Sharon, in the county of Litchfield, and PROOF OP DEEDS, State of Connecticut ; that he saw John Doe, and Mary, his wife severally execute the within conveyance ; that he subscribed his name thereto as a witness ; that he knew the said John DDC, and Mary, his wife, to be the same persons described in, and who exe- cuted, the said conveyance ; and that at the time of the execution thereof, they were residents of the said town of Sharon, in the State of Connecticut. At the same time appeared before me, Richard Roe, residing in the town of , county of , who, being also by me duly sworn, deposed and said, that he knew the eaid John Smith to be the same person who was a subscribing witness to the within conveyance, which is to me satisfactory evidence thereof. A. R., Commissioner of Deeds of Queens County. Proof as to Husband by Subscribing Witness, and Acknowl- edgment by Wife the Wife and the Subscribing Wit- ness being Both known to the Officer. Queens County, ss. ON the day of , in the year , Richard Roe, with whom I am personally acquainted, came before me, and, being by me duly sworn, deposes and says, that he resides in the town of , in the county of ; that he saw John Doe execute the within conveyance ; that he subscribed his name thereto as a wit- ness ; that he knew the said John Doe to be one of the persons described in, and who executed, the within conveyance. At the same time appeared before me, Mary Doe, the wife of the said John Doe, who, on a private examination, apart from her husband, acknowledged that she executed the within conveyance freely, and without any fear or compulsion of her husband. And I further certify, that I know the said Mary Doe to be the same person described in, and who executed, the said conveyance. A. B., Commissioner of Deeds of Queens County. The Same, except that the Wife, and the Subscribing Wit- ness are both identified by another Witness. Kings County, ss : ON the day of , in the year , Richard Roe came before me, and, being by me duly sworn, deposes and says, that he resides in the said town of - , in the county of ; that he saw John Doe execute the within conveyance ; that he subscribed his name thereto as a witness, and that he knew the said John Doe to be the person described in, and who executed, the said convey- ance. At the same time appeared before me, Mary Doe the PROOF OP DEEDS 75 cf the said John Doe, who, on a private examination, apart from her husband, acknowledged that she executed the within convey, ance freely, and without any fear or compulsion of her 1 usband. And at the same time appeared before me, John Smith, residing in the town of , and county of , who, being by me duly sworn, deposes and says, that he knows the said Richard Hoe to bo the same person who was a subscribing witness to the within con- veyance ; and that he also knows the said Mary Doe, who made the said acknowledgment, to be the individual described in, and who executed, the within conveyance, which to me is satisfactory evidence thereof. A. B., Commissioner of Deeds of Kings County. Proof of Deed executed by an Incorporated Company. Dutchcss County, ss. ON the day of , iu the year , before me came T\ L. D., the President of the Bank of Poughkeepsie, -vith whom I am personally acquainted, and who, being by me duly sworn, de- poses and says, that ho resides in the village of Poughkeepsie, in said county ; that he is the President of the Bank of Poughkeepsie ; that the seal affixed to the within Indenture is the corporate seal of the President, Directors, and Company of the said Bank, and was affixed to the said Indenture by order of said Directors, for the uses therein expressed; and that he, by like order, did sub- scribe his name thereto, as President of said Bank, which being to me satisfactory evidence of the due execution of said Indenture, I allow it to be recorded. L. M., Commissioner of Deeds of Dutchess County. Certificate of Proof of the Execution of a Conveyance, when the Subscribing Witnesses are Dead. Smith County, ss. ON the day of , in the year , John Doe camo be fore me, and being by me duly sworn, and the within deed of con veyance being shown to him, 'he deposes and says, that he knew the parties therein described : that he was well acquainted with A. B., the grantor ; that he had frequently seen him write, and knew his hand-writing ; that the name of the said grantor, sub- scribed to the said deed, is in the proper hand-writing of the said A. B. And the said John Doe further deposes, that he was also well acquainted with James Smith one of the subscribing witnesses to the said deed, and with his hand- writing: that tho said Jame* 76 PROOF OV DEEDS. Smith, at the time of the dato of said deed, resided in tlio said town of , in said county, and has been dead about four years, that his name, subscribed as a witness to said deed, is in the proper hand-writing of the said James Smith, deceased. And the said John Doe further deposes, that at the time of the date of said deed, he was, and for several years had been, ac- quainted with one Stephen Jones, a shoemaker, who then resided in the said town of , and in the neighborhood of the said grantor; that the said Jones died, at the said town of afore- said, about the year 18 , and since the date of said deed; that deponent was not acquainted with the hand- writing of the said Jones ; that he has never known or heard of any other person of the name of Stephen Jones, and that he cannot say in whose hand- writing the name last mentioned is subscribed to the said deed. And I certify, that the deposition aforesaid, of the said John Doe is to me satisfactory evidence of the death of all the witnesses tc the said deed, and of the hand-writing of James Smith, one of the said witnesses, and of the hand-writing of the said A. B., the grantor. "W. G., Supreme Court Commissioner Satisfaction of a Judgment in the Supreme Court SUPREME COURT, > O f the Term of , in the year . Oneida County, ss. $ SATISFACTION is acknowledged between A. B., plaintiff, and C. D., defendant, of a plea of trespass on the case, for , damages and costs, (or a plea of debt for of debt and costs.) Judg ment docketed the day of in the year . A. B. Subscribed and acknowledged before me, this day of , in the year , by A. B., who is known to me, (or who is made kuown to me by competent proof.) E. F., Commissioner for Deeds of Oneida County. Satisfaction of a Justice's Judgment, of which a Transcript is filed in the County Clerk's Office. ONEIDA, CLERK'S OFFICE. A. 5., Plaintiff, vs. C. D., Defendant. JUDGMENT rendered in favor of the plaintiff against defendant, before A. R., Esq., a Justice of the Peace, of said county, for dollars and cents damages and costs. Transcript filed and judgment docketed the day of ,in the year . PBOOF OF DEEDS. 77 Satisfaction of the above mentioned judgment is hereby ao* Knowlcdged. A. B. Subscribed and acknowledged before me, this day of , in the year , by A. B,, to nie known, (or to me made known by competent proof.) E. F., Commissioner of Deeds of said County. Application for a Subpoena to compel a Subscribing Witness to attend before an Officer to prove the Execution of a Conveyance. Kings County, ss. J. S., of the town of Poughkeepsie, in said county, being sworn, saith, that he is the grantee (or the heir, or the personal representa- tive of the grantee,) in a conveyance of land made by G. II., to the said J. S., dated the - day of that L. M., residing in the said town of Poughkeepsie, in said county, is a witness to the said conveyance, which cannot be proved without his evidence ; and that he refuses to appear and testify, touching the execution thereof. And the said J. S. applies to S. T., one of the Judges of the County Court, of said county, for a subpoena, requiring the aid witness to appear and testify in relation thereto. J 8. Sworn the day of , before me. Subpoena. To L. M., of the towu of , in the county of . IN the name of the People of the State of New-York, you are hereby commanded and required to appear before me, at my office (or dwelling-house), in the town of , in the county of , on the day of instant, at o'clock in the noon, thoc and there to testify, touching the execution of a conveyance of land from G. II. to the said J. S., to which, it appears by his appli- cation to me under oath, that you are a witness, and that you havo refused to appear and testify touching the execution thereof. Fail not in your obedience to this subpoena, at your peril. Ghenundei my hand and seal, this day of , in the year . S. T , one of the Judges of the County Court of Kings County 78 MAERIAGE AND DIVORCE. MAKRIAGKE AISTD DIVOKCE. MARRIAGE, throughout the United States, is simply a civil contract, and may be entered into by any two persons, with the exceptions mentioned below : WHAT CONSTITUTES A MARRIAGE. The basis of a marriage is the mutual consent of the parties, followed by cohabitation. It is, therefore, complete on the declaration of the parties, in the presence of one or more witnesses, that they take each other to be man and wife, or words to that effect, and consequent cohabi- tation. WHO CANNOT FORM A LEGAL MARRIAGE. Idiots, lunatics, persons of unsound mind, persons related by consanguinity or affinity within the degrees prohibited by law, infants under the age of consent (which, in Ohio, is 18 for males and 14 for females ; in Massachusetts, 17 for males and 14 for females ; and in all the rest, 14 for males and 12 for females), and persons already married and not legally divorced, are incompetent to form a valid marriage. WHO MAY LEGALLY MARRY. Any two persons not prevented by any of the reasons above stated. CEREMONY. No particular ceremony is requisite, nor is it required that the marriage should be performed by auy particular person. It is, however, most usually performed by a clergyman or magistrate, and in some of the States it must be performed by them. In Connecticut it is necessary to record a notice of the intent to marry with the "Town Clerk or Register of the town where the parties reside, for, at least, three weeks ; in Maine the same notice must be recorded five days; and, at the expiration of that time, if no objections are made, the Town Clerk or Register gives a certificate to that effect, and a clergyman or magistrate can then many them. In Massachu- setts, the parties must previously obtain from the same oflicer a certificate of their respective names, occupations, ages, births and places of residence on receipt of which any clergyman or magistrate can marry them. VALIDITY OF A MARRIAGE. The validity of a marriage is de- termined by the lex loci contractus, or the law of the place where it is contracted. If valid there, it is valid everywhere the only exceptions being marriages forbidden by the public law of a country from motives of policy, such as polygamy, incest, etc. Divorce. A divorce is the dissolution of the bond of matrimony, or tho separation of husband and wife, by the judgment of a Court having jurisdiction thereof, or by an act of the Legislature. In Alabama, a decree of divorce must be sanctioned by two-thirds \ MABRIAGB A3TD DIVORCE. 79 of the Legislature ; and in Maryland all divorces are granted by the Legislature, on the report of a judge of Court. In all the others they are made by authorized Courts. GROUNDS OF DIVORCE IN THE DIFFERENT STATES. Divorces are of two kinds a tineutp matrimonii (being a dissolution of the marriage tie), and a mensa et thoro (from bed and board). A divorce from bed and board is granted in the following States, on the following grounds : In Delaware, Maine, Maryland, Massachusetts, New York, Kentucky, North Carolina and South Carolina, for abandonment, wilful desertion or utter desertion ; in Alabama, Connecticut, Delaware, Maine, Massachusetts, New Jersey, Kentucky, North Carolina, South Carolina and New York, for cruelty ; in Georgia, Kentucky, North Carolina and South Carolina, for habitual drunkenness ; in Kentucky, North Carolina and South Carolina, for gross personal indignities ; in Connecticut, for same, render- ing life burdensome ; in Maine, Massachusetts and New Jersey, Kentucky, for neglect to provide suitably for wife ; in Georgia, for incompatibility of temper, or any cause deemed sufficient by the Court ; in North Carolina, for extravagance of the husband, such as impoverishes the family; and in Wisconsin and New York, when the conduct of either party renders it unsafe for the other to cohabit with him or her. A divorce from the bonds of matrimony is granted in the fol- lowing States, on the following grourids. In all the States and Territories (except Utah) it is granted for adultery. In the former Slave States it is granted for marriages between a white and negro or mulatto. In all the States (except Alabama, Connecticut, New Jersey, New York and Vermont) it is granted for impotency. In most of the States and Territories (except Utah) the fol- lowing are grounds on which to grant it : All marriages within the forbidden degrees ; those effected by force or fraud ; where either party is already married ; where either party was, at the time of the marriage, under the age of consent ; where either party, at the time of the marriage, was of unsound mind or an idiot. In some, however, among which is New York, a decree, declaring null and void the marriage contract, is granted in- stead. In Arkansas, Florida, Indiana, Iowa, Minnesota, Oregon and Wisconsin, it is granted for abandonment and willful desertion for one year ; in Illinois, Kentucky, Missouri, Pennsylvania and Tennessee, for the same for two years ; in California, Connecti- cut, Georgia, Mississippi, New Hampshire, Ohio, Texas and Ver- mont, for the same for three years; in Louisiana, Michigan, New Jersey and Rhode Island, for the same f* r five years. 80 MARRIAGE AND DIVORCE. Conviction of an infamous crime is ground for such a divorce in Arkansas, Illinois, Indiana, Iowa, Louisiana, Minnesota, Mis- souri, New Hampshire, Ohio, Oregon and Tennessee. Imprison- ment for two years is sufficient cause in California and Georgia ; for three years in Michigan, Vermont and Wisconsin ; and for seven years in Massachusetts and Virginia. Extreme cruelty is ground for such a divorce in New Hamp- shire, Maryland, Rhode Island, Pennsylvania, Georgia, Kentucky, Tennessee, Ohio, Louisiana, Indiana, Illinois, Missouri, Arkansas, Michigan, Florida, Texas, Iowa, "Wisconsin, California, Minne- sota and Oregon. In Florida, it must have continued, at least, one year, and includes habitual indulgence of violent and un- governable temper ; in Illinois, at least, two years. In Arkansas, Florida, Indiana, Iowa, Louisiana, Minnesota, Rhode Island and Wisconsin, it is granted on the ground of habitual drunkenness for one year; in Illinois and Missouri, the same for two years ; in New Hampshire, the same for three years ; and in Oregon, if contracted since marriage. In Arkansas, Missouri, Oregon, Pennsylvania and Texas, it is granted for personal indignities, outrages and excesses which render life burdensome; in Indiana, Michigan, Rhode Island and Vermont, for refusal or neglect of the husband to provide for the wife ; in California and New Hampshire, for the same for three years ; in Oregon, the same for one year ; in Ohio and Rhode Island, for gross neglect of duty or misbehaviour ; in Missouri and Pennsylvania, for endangering or attempting the life of the complainant ; in Georgia, for pregnancy of wife at time of marriage without husband's knowledge ; in Tennessee, for same, if wife is white, of a black child ; in Connecticut, where either party has been unheard of for seven years ; in Ver- mont, the same for some years ; in Missouri, for vagrancy on the part of the husband ; in Indiana, for any cause the Court may deem sufficient ; in Iowa, when it is evident the parties cannot live in peace and happiness together ; and in New Hampshire, where either party joins a sect, believing the relation of husband and wife unlawful, and refuses to cohabit with the other for three years. In New York, the imprisonment for life of either party ren- ders them civilly dead, and leaves the other at liberty to marry again. In a divorce on the ground of adultery, the guilty party can- not marry again during the life of the other ; but the innocent party is free to marry again at any time. Custody of Children. The custody of the children of a marriage, during the pending oi a proceeding for divorce, and subsequently, will be granted, MARRIAGE AND DIYOKCE. 81 by the tribunal before which the proceeding y pending, to the party, in its judgment, most fitted to bring them up. WHEN A DIVORCE WILL BE DENIED. The application for a divorce for adultery will be denied in the following cases : 1. Where the offence was committed with the privity or con- nivance of the complainant. 2. Where the offence has been forgiven by the complainant, either by voluntary cohabitation after knowledge of the fact 01 by express condonation or forgiveness. 8. Where the complainant has been guilty of a similar offence. 4. Where suit is not instituted within the time prescribed by the statute of limitations. Alimony, Alimony is an allowance, either during the pendency of a suit for divorce, permanent or temporary, granted to the wife, on pe- tition or motion, from the estate of the husband. The granting of alimony rests entirely in the discretion of the proper tribunal, and when a wife desires to commence a suit for divorce against her husband, the latter can be compelled to furnish her with sufficient means to prosecute such complaint. On the event of the custody of children being awarded her, the Court can order an allowance for their support from the means of the husband. Rights of Married Women. At common law the husband by marriage becomes possessed of the wife's entire property, and from- thenceforth it is entirely subject to his control. The major portion of the States, however, have passed acts allowing married women the exclusive use and enjoyment of all property owned by them at marriage, and all fc-hich may be acquired by them subsequently. In Alabama, Arkansas, California, Connecticut, Florida, Indi- ana, Iowa, Louisiana, Michigan, Mississippi, Missouri, New York, Pennsylvania, Rhode Island, Texas, Vermont, and Wisconsin, the property of a woman at marriage, together with all she ac- quires after marriage, remains her own and may be held by her free from all liability for her husband's debts. In Alabama, Florida, Indiana, Louisiana, and Michigan, her personal estate (and in California, Iowa, Mississippi, Missouri, Pennsylvania, Texas and Wisconsin her separate estate generally) is liable for her debts contracted before marriage. In North Carolina and Maryland (where all her personal earn- ings not exceeding one thousand dollars are also included) the property exempt from her husband's debts is confined to real estate. The exemption only remains for her life and her chil- dren's in Ohio and Connecticut, and in Tennessee and Maryland for her life alone. 82 MARRIAGE AND DIVORCE. In Kentucky, Maine, New Hampshire and North Carolina it ia confined to her property at marriage. In Wisconsin, Texas, Pennsylvania, Ohio, North Caiolina, Missouri, Indiana, Connecticut, Arkansas, and Alabama, the hus- band cannot sell or incumber the wife's separate property with- out her consent and signature ; in Georgia he cannot sell the real estate of the wife brought to him at marriage without it. In Florida no part of the wife's estate can be conveyed except by joint deed of husband and wife, and in Iowa no part of the pro- perty of either. In Arkansas, Iowa, Michigan, Missouri and Mississippi, the Trife cannot receive property from the husband after marriage. In California and New York any married woman may carry ' on business in her own name. In Massachusetts a married woman can hold property granted to her for her separate use, without the intervention of a trustee, but to render it free from liability for the husband's debts, the deed or will conveying or devising it must be recorded in the manner laid down by the statute. In Michigan and Vermont she cannot give, grant or sell any part of her individual estate without her husband's consent. Dower. Dower is the right possessed by every married woman, with the exceptions mentioned below, to the use, at his death, of one- third of all the real estate of her husband during her life. In California and Indiana the right to dower has been abolished, but in all the other States it is still in force, and in Connecticut her dower right is to the use of one-third of all which he dies seized. Where f,he is entitled to dower, she must join in every conveyance, mortgage, &c., of real estate by her husband, as otherwise her right of dower does not pass, and her right of dower cannot be assigned or conveyed otherwise than by herself personally or by agent or attorney by instrument under her hand and seal. A wife under twenty-one years of age is incapable of binding herself by any instrument, debarring herself from her right to dower, and has the option, on arriving at majority, of ratifying or annulling the instrument. The wife's dower right operates against the estate only after all liens and incumbrances against the same have been satisfied and discharged. In the event of a wife's being divorced for adultery she forfeits all right to dower as well as any part,, share or interest in hia personal property. The right to dower does not embrace cropa growing at hus- band's decease on such real estate, they going to the heirs. MARRIAGE AND DIVORCE. 83 Eights of Widows. At the death of the husband without children the widD\v takes, as a general rule, in addition to her dower right, one half of the personal property absolutely. In Missouri the widow takes ab- solutely all the beds, bedding, wearing apparel, household furni- ture, provisions, spinning wheels, cards, and other implements of industry necessary for the family ; also kitchen furniture to the value of twenty-five dollars and any ether personal property desired, not exceeding two hundred dollars in value, and takes all property brought by her to her husband at marriage, and one half of all property real and personal after paying debts. In Pennsylvania she takes, besides her dower, all personal property. In Tennessee she takes all real estate in fee simple after paying the debts. In New Jersey she takes all personal property owned by her at marriage or acquired by her subsequently. In Ohio she takes all articles of personal furniture owned by her at mar- riage, or acquired subsequently, and they cannot be sold to pay the debts of the estate. In California she takes the whole of the common property of both husband and wife, real and personal. In Indiana, where the estate of the deceased is not more than three hundred dollars, she takes it all, free from creditors, in fee, unless she marry again, in which case she has only a life estate, the remainder descending to the husband's issue ; if the estate is not more than ten thousand, dollars she takes one-third ; if more than ten and less than twenty thousand, one quarter ; if more than twenty, one-fifth. At the death of her husband, leaving children, the general rule is that the widow takes, in addition to her dower right, one- third of the personal property absolutely. In Alabama, however, if there is but one child she .takes one half; if more than one and under five, a child's share ; and if five or more, one-fifth. In Missouri she takes a child's share of the personal property ab- solutely, or,'if preferred, one-third of it, after payment of debts. In Indiana she takes one half, if there is but one child, and one- third if two or more. In California she takes one-half of the common property of both husband and wife, real and personal. In Louisiana she is also entitled, in the absence of a will, to the rents, issues and profits of the children's portions till they attain their majority, or she marries again. In Missouri the widow is entitled to dower in all property leased for twenty years or more. In the event of the husband's leaving a will containing de- vises or bequests to the wife, in lieu of dower, she has her option at his death, whether to claim her dower or to take such devises or bequests in its stead. In Massachusetts, Michigan, Minnesota, Mississippi, Hew Jersey, 84 MARRIAGE AND DIVORCE. New Yorj, North Carolina, Ohio, .Oregon, Tennessee and Wis- consin express provision is made that alienage shall not bar the right ot the widow to dower in land to which the alien might have died entitled. Marriage Certificate. I, Jacob Miller, Minister of the Gospel and Rector of St. Paul's Protestant Episcopal Church at Smithtown, Suffolk County, and State of New York, do hereby certify, that, on the fourth day of June, in the year of our Lord one* thousand eight hundred and sixty two, at the rectory of said church at Smithtown afore- said, I joined together in Holy Matrimony, John Smith, of the City, County and State of New York, and Jemima Jenkins, of Jersey City, in the State of New Jersey, according to the forms and customs of said church to which I belong, in the presence of Charles F. Banks, of said City of New York, and James T. Baker, of Raid Jersey City, attesting witnesses thereto. I further certify, that the said parties married by me as aforesaid, were personally known to me (or, if not, " were satisfactorily proved by the oath of Charles Banks, a person known to me/') to be the persons described in this Certificate, and 'that before I solemnized such marriage as aforesaid, I ascertained that the said John Smith and Jemima Jenkins were of sufficient age to contract marriage ; and after due inquiry made by me at such time, there appeared no lawful impediment to such marriage. JACOB MILLTZK. Same by a Public Officer. This is to certify, that on the first day of August, 1852, I, John Smith, Mayor of the City of Brooklyn, joined together in marriage, at my office in said City, Thomas Jones, of Jamaica, Queen's County, and Sarah Briggs, of the City of Chicago and State of Illinois, according to the law in such case made and provided, in the presence of James Blake, of the City of New York, and Charles Ambler, of Yonkers, Westchester County, New York, attesting witnesses thereto. I further certify (same as preceding form to end, altering names.) Given at my office, in said City of Brooklyn, the day and year abore mentioned. JOHN SMITH, Mayir. Marriage Settlement, This Indenture, made this tenth day of January, in the year of our Lord one thousand eight hundred and sixty-seven, be- tween Peter Grey, of the City, County and State of New York, baker, party of the first part; Jane Smith, of the same place, spinster, party of the second part ; and William Johnson and James Culver, both of the same plao merchants, parties of the third part. MARRIAGE AND DIVORCE. 85 Whereas a marriage is intended to be solemnized between tho said Peter Grey and the said Jane Smith, and in consideration of such intended marriage the said parties have agreed to bring into settlement, for their benefit and for that of the issue of the said intended marriage, the property following, that is to say : The said Peter Grey hath agreed so to bring into settlement. (Here specify what property the husband brings in.) And the said Jane Smith hath agreed so to bring into settle- ment. .(Here specify what property the' wife brings in.) And whereas, by two several Indentures of Assignment re- spectively, being even date herewith (or as the case may be), the said parties hereto of the first and second parts, have conveyed, assigned, transferred and set over, all and singular the said prop- erty to the parties hereto of the third part, as trustees for the trusts and purposes hereinafter mentioned, Now, therefore, this Indenture witnesseth, and the parties hereto of the third part, at the request, and by and with the direction and consent pf the gaid parties hereto of the first and second parts, do hereby re- spectively covenant, declare and agree, to and with the said last- named parties, their executors, administrators and assigns, that they, the said parties hereto of the third part, and the survivors of them, and the executors, administrators and assigns of such survivor shall, and will stand possessed of and interested in the gaid property so respectively assigned to them as aforesaid : To the uses upon the trusts, and to and for the ends, intents and purposes hereinafter declared, that is to say, upon trust when, and as they, the said trustees shall, from time to time receive, or become entitled to receive, the said property, either to continue the same in its then present state, or, from time to time, call in and convert the game into money, and invest the proceeds thereof in any Government, State, or real security in the United States of America, and, from, time to time, to vary the investment thereof, as aforesaid, at their or his discretion ; but every such investment or variation to be so made as expressed, to be, from time to time, made with the consent and by the direction of the gaid Peter Grey, if then living, and upon trust that they, the said trustees do, and shall stand possessed of the said securities, to be so from time to time standing in their or his name or names as aforesaid ; and of the interest, dividends, income and annual proceeds thereof, upon trust ; to pay such interest, divi- dends, income and annual proceeds, from time to time, to the gaid Jane flmith, during her life, for her sole and separate use, as if she were sole and unmarried, apart from the said Peter Grey, her intended husband, and not to be, in any manner, sub- ject to his debts, control or engagements, but without power to her, the tald Jane Smith, to anticipate, charge or incumber the And from and after the decease of her, the said Jane 86 MABRIAGB AND DIVORCE. Smith, if the said Peter Grey shall survive her, then, upon trust, to pay the same interest, dividends, income and annual proceeds to him, the said Peter Grey, during his life. And from and after the decease of the survivor of the said two several parties, then to stand possessed of the principal of the same stocks, funds and securities, in trust for the child or children, if any of the s .id intended marriage, or for any issue of any such child or children who, at the time of the appointment hereinafter men tioned, shall have died leaving issue, then living, to be divided between or amongst them ; if more than one, in such parts, shares or proportions, and to be vested and payable, at such time or times, and in such manner, as the said Peter Grey and Jane Smith shall, by any deed or deeds executed by them, or as the survivor of them shall, by any deed or deeds executed by him or her, or by his or her last will and testament, or by any codicil thereto, from time to time, respectively direct, limit or appoint, Provided, nevertheless, that such powers shall not be exercised in favor of the issue of any such deceased child or children to an extent exceeding the share that their deceased Earent or parents would have taken under these presents in de- lult of any exercise of their powers of appointment by the said Peter Grey and Jane Smith, or the survivor of them ; and in default of the exercise of the aforesaid powers of appointment, or either or any of them, or so far as such exercise, if incomplete, shall not extend, then it is hereby further declared and agreed that they, the said trustees, shall stand possessed of the afore- said trust funds upon trust for all and every the children of the said intended marriage, to be equally divided between or amongst them, if more than one ; and if one, the whole to go to such one child, the portions of such children to be vested in and payable to them, and transmissible to their issue, if any, on their respect- ively attaining the age of twenty-one years, or bein^ married, whichever shall first happen, with 'full power for the said trustees to apply the income of their expectant shares, or any part thereof, for the maintenance or education, or for the advancement in the world, of any such child or children respectively during their respective minorities. And in case there shall be no child or chil- dren of the said intended marriage who shall live to attain a vested interest in the principal of the said trust funds as aforesaid, then subject to the aforesaid life interest, and after the determination thereof respectively the said trustees shall stand possessed ot the said trust funds, as follows, to wit : As to the trust funds so brought into settlement and assigned to the said trustees by the said Peter Grey, in trust for the executors, administrators or assigns of him, the said Peter Grey, in like manner as if he had then died unmarried. And as to the trust funds so brought into settlement and assigned to the said trustees by the said MAERIAGE AOT) DIVORCE, 87 Jane Smith upon trust for the executors, administrators and assigns of her, the said Jane Smith, in like manner as if she, tha said Jane Smith, had then died unmarried as aforesaid,, with full power to her, the said Jane Smith, to dispose of her interest therein, by will or other testamentary writing, notwithstanding her coverture ; and to and for no other use, trust, end, interest or purpose whatsoever. And this Indenture further witnesseth, that in consideration of the premises and of the said intended marriage, the said Peter Grey and Jane Smith do hereby covenant and agree to and with the trustees of these presents that in case any other moneys, prop- erty or effects exceeding the sum of five hundred dollars at any one time shall at any time hereafter accrue to or devolve upon the said Jane Smith by any gift, devise, bequest or inheritancce at any time during the said marriage, that then and in every such case and so often as the same shall happen, she the said Jane Smith shall and will from time to time assign, and he, the said Peter Grey, shall and will concur with the said Jane Smith in assigning the same unto the said trustees for the time being of these presents to be held by them upon the trusts hereinbefore declared concerning the property so brought into settlement by her, the said Jane Smith as aforesaid, or such and so many of them as shall be there subsisting, and capable of taking effect in like manner as if the same were originally brought into settle- ment as aforesaid. Provided always, and it is hereby declared and agreed that in case at any time the trustees hereby appointed, or cither of them or any future trustee or trustees of these presents shall die, be desirous of being discharged from, or refuse, decline or become incapable to act in the trusts hereof, then, and in every such case, it shall and may be lawful to and for the said Peter Grey and Jane Smith or to and for the survivors of them, or after the de- cease of such survivor, then to or for the surviving or continuing trustee for the time being, or the executors or administrators of the last sun iving trustee by writing under their,, his or her hands or hand to appoint a new trustee or trustees of these presents from time to time so often as the same shall happen, who shall thereupon act in the trusts thereof from time to time either solely or jointly with the surviving or continuing trustee or trustees for the time being in the same manner and with the same powers as if hereby originally appointed, the said trust funds to be there- from assigned and transferred so as to become vested in the then trustee of these presents accordingly as often as, the same shall happen.. Provided also, and it is hereby iurther declared that the said trustees and other the trustee or trustees for the time being of these presents shall each of them be accountable only ioy his own acts, and deeds^ and for auch part of the said trust estate 88 MARRIAGE AND DIYORCE. as shall actually come to his hands, and that he and they respect- ively shall not be answerable by reason of the failure of any banker or other a<*ent, or for the insufficiency or failure of any security upon which the said trust estate, or any part thereof, shall be invested, provided such securities shall be of the nature and kind hereinbefore mentioned, or for any other loss that may arise in the trusts aforesaid, save only so far as the same shall arise from his or their own willful negligence or default respect- ively. In witness whereof the parties to these presents have hereunto set their hands and seals the day and year first above written. Sealed and delivered ) PETER GREY, [L. s. in the presence of \ JANE SMITH, [L. s. JAMES COOK, WILLIAM JOHNSON, L. s. DANIEL MARVIN. JAMES CULVER, [L. s. Assignment under Preceding Form, This Indenture, made this tenth day of January, in the year of our Lord one thousand eight hundred and sixty-seven, between Peter Grey of the City, County and State of New York, party of the first part, and William Johnson and James Culver, both of the same place, parties of the second part : Whereas a marriage has been agreed upon, and is about to be solemnized between the said Peter Grey and Jane Smith, of the City of New York aforesaid, and upon the treaty for the said marriage, it was agreed that all the property hereinafter mentioned should be assigned to the parties hereto of the second part, upon the trusts herein- after declared concerning the same. Now this Indenture wit- nesseth that in pursuance of said agreement, and in consideration of the premises, he, the said Peter Grey, doth hereby assign, transfer and set over unto the said parties of the second part, their executors, administrators and assigns, all that (here give a full description of the property) and all the right title, trust, property, claim and demand whatsoever of him, the said Peter Grey, of, in and to the premises hereby assigned or expressed and intended so to be, and every part thereof, together with full power and authority to ask, demand, sue for, recover and receive, and give effectual discharges for the premises and every part thereof. To have, hold, receive and take the premises hereby assigned or intended so to be to them, the said parties hereto of the second part, their executors, administrators and assigns. Upon Trust to stand possessed of the said premises upon the trusts and to and for the ends, intents and purposes, and with, under and sub- ject to the powers, provisions, declarations and agreements of, and concerning the said premises declared by and contained iu & certain other indenture bearing even date herewith and made between the said Peter Grey of the first part, the said Jane Smith jfA&BIAGE AND DIVORCE. 89 of the second part, and the said William Johnson and Jamea Culver of the third part, being the settlement made upon the marriage of the said Peter Grey and Jane Smith, and he the said Peter Grey doth hereby irrevocably appoint the said parties hereto of the second part, or the survivor of them or the execu- tors, administrators and assigns of, such survivor his lawful at- torney and attorneys to receive, collect and get in the said prem- ises so assigned, and each and every part thereof, and for him, and in his behalf to give, sign and execute full and sufficient receipts, releases, acquittances or other discharges for the same and every part thereof, and which it is hereby declared and agreed shall fully and effectually release and discharge the per- son or persons paying the same from all liability to see to the application of the moneys therein expressed to be received. And lastly, the said Peter Grey, party hereto of the first part, doth hereby covenant, promise and agree with and to the said parties of the second part, their executors, administrators and assigns, that he, the said party hereto of the first part, shall and will, whenever thereunto requested, make, execute and do all and every such assignments, assurances, acts, deeds, matters and things for the further and better assigning, assuring and vesting the said premises hereby assigned as aforesaid unto and in them the said parties hereto of the second part, and enabling them to receive and collect the same to be held by them upon the trusts afore- said as by the said parties of the second part shall from time to time be reasonably desired, advised or required. In witness whereof the said party of the first part to these pres- ents hath hereunto set his hand and seal the day and year first above written. Sealed and delivered in ) Pir-rim tt^Fv FT a 1 the presence of f PETER GKEY, [L. s.J ABIATHAK WELLWOOD, JOHN T. SNOOKS. N. B. If any assignment by the wife, it is expedient, for the purpose of avoiding the possibility of any legal objection, that the husband join with her.* Article of Separation between Husband and Wife. This Indenture of three parts, made the day of , one thousand eight hundred and , between A. B., of the city of , of the first part, and C. D., his wife, of the second part, and E. F., trustee of the said C. D., of the third part : Whereas, divers * The above have been drawn very fully and with great care, embracing every contingency that would be ordinarily likely to arise. From the preceding forma, almost any other description of settlement can be drawn, as the formal parts are applicable to all settlements, and the changes in the other portions only consist la conforming them to the facts. 90 MARRIAGE AND DIVORCE. disputes and unhappy differences have arisen between the said party of the first part, and his said wife, for which reason they have consented and agreed to live separate and apart from each other during their natural life ; therefore, this Indenture witnesseih, That the said party of the first part, in consideration of the prem- ises, and in pursuance thereof, doth hereby covenant, promise and agree, to and with the said trustee, and also to and with his said wile, that it shall and may be lawful for her, his said wife, at all times hereafter, to live separate and apart from him ; and that he shall and will allow and permit her to reside and be in such place and places, and in such family and families, and with such relations, friends and other persons, and to follow and carry on such trade or business as she may from time to time choose, or think fit to do ; and that he shall not, or will at any time sue, or suffer her to be sued, for living separate and apart from him, or compel her to live with him, or sue, molest, dis- turb or trouble her for living separate and apart from him, or any other person whomsoever, for receiving, entertaining, or harboring her ; and that he will not, without her consent, visit her, or knowingly enter any house or place where she shall dwell, reside, or be, or send, or cause to be sent, any letter or message to her ; nor shall, or will, at any time hereafter, claim or demand any of her money, jewels, plate, clothing, household goods, furniture, or stock in trade, which she now hath in her power, custody or possession, or which she shall or may at any time hereafter have, buy or procure, or which shall be devised or given to her, or that she may otherwise acquire ; and that she shall and may enjoy and absolutely dispose of the same, as if she were a feme sole and unmarried ; and further, that the said party of the first part shall and will well and truly pay, or cause to be paid unto her, his said wife, for and towards her better support and maintenance, the yearly sum of dollars, free and clear of all charges and deduetions whatever, for, and dur- ing her natural life, at, or upon the first days of January, April, July and October, in each and every year during her said nat- ural life, which the said trustee doth hereby agree to take, in full satisfaction for her support and maintenance, and all alimony whatever. And the said trustee, in consideration of the sum of one dollar, to him duly paid, doth covenant and agree, to, and with the said party of the first part, to indemnify and bear him harmless of, and from all debts of his said wife, contracted, or that may hereafter be contracted by her, or on her account ; and if the said parties of the first part shall be compelled to pay any such debt or debts, the said trustee hereby agrees to repay the Bame on demand, to the said party of the first part, Vith all damage and loss that ha may sustain thereby, In witness, etc,, [as in Marriage Settlement.] BIGHTS OF MAREIED WOMEN. 91 KIGHTS Oin New York State laics concerning the rights of married women U conduct business, irrespective of the husband-, and without being liable for his debts. >. f The property, both real and personal, which any married woman now owns as her sole and separate property ; that which comes to her by descent, devise, bequest, gift, or grant ; that which she acquires by her trade, business, labor, or services ear- ned on or performed on her sole or separate account ; that which a woman, married in this State, owns at the time of her mar- riage, and the rents, issues and proceeds of all such property, shall, notwithstanding her marriage, be and remain her own and separate property ; and may be used and collected and invested by her in her own name, and shall not be subjected to interfer- ence or control by her husband, or liable for his debts, except such debts as may have been contracted for the support of her- self or her children, by her as his agent. A married woman may bargain, sell, assign and transfer her separate personal property, and carry on any trade or business, and perform any labor or services on her sole and separate account ; and the earnings of any married woman from her trade, business, labor, or services, shall be her sole and separate property, and may be used and invested by her in her own name. Any married woman possessed of real estate as her separate property, may bargain, sell and convey such property and enter into any contract in reference to the same, with the like effect in all respects as if she were unmarried ; and she may, in like man- ner, enter into any such covenant or covenants for title, as are usual in conveyance of real esta'te, which covenants shall be obligatory to bind her separate property in case the same or any of them be broken. Any married woman may, while married, sue and be sued in all matters hayin^ relation to her sole and separate property, o/ 92 WILLS. which may hereafter come to her by descent, devise, bequest, purchase, or the gift or grant of any person, in the same manner as if she were sole ; and any married woman may bring and maintain an action in her own name, for damages against any per- son or body corporate, for any injury to her person or character, ihe same as if she were sole ; and the money received upon the settlement of any such action, or recovered upon a judgment, ? shall be her sole and separate property. In case it shall be neces- sary, in the prosecution or defence of any action brought by or against a married woman, to enter into any bond or undertaking, such bond or undertaking may be executed by such married woman with the same effect, in all respects, as if she were sole ; and in case the said bond or undertaking shall become broken or forfeited, the same may be enforced against her separate estate. No bargain or contract made by any married woman in respect to her sole and separate property, or any property which may hereafter come to her by descent, devise, bequest, purchase, or the gift or grant of any person except her husband, and no bar- gain or contract entered into by any married woman in or about the carrying on of any trade or business, under any statute of this State, shall be binding upon her husband, or render him or his property in any way liable therefor. WILLS. ALL persons of sound mind, except infants and married wo- men, are legally entitled to dispose of their property by will ; and infants of the age of fourteen, if males, and twelve, if females, may make wills of personal property. But this rule of the com- mon law has been generally modified by Statute : for instance, in New York the Statute has removed the disability of married women and has increased the restriction laid upon infants, pre- scribing, that personal property may be willed by males at the age of eighteen, and by females at sixteen. In making a will, the intention of the testator (the person mak- ing the will) should be fully and plainly ttated ; if the testator intends to give the property for a certain number of years, or for life, or for ever, he should say so ; he ought also to describe the property with reasonable certainty, as, for instance, " my hou se and lot known as No. 65 Bond street, New- York," or, " my six houses and lots known as Nos. 81, 83, 85, 87, 89 and 91 Pear- WILLS. 93 street," or, " niy farm of one hundred and sixty acres, in Clave* rack, Columbia county, State of New- York," or, "my gold watch," or, " my horse," &c., &c. All wills muse be made in writing, with the testator's full name at the end. In the States of Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, Connecticut, Alabama, Florida, Georgia, Louisiana, Maryland, Michigan, Minnesota, Mississippi, Oregon, South Carolina ; and Wisconsin, a will must be attested by three subscribing witnesses ] in Delaware, Virginia, Indiana, North Carolina, Tennessee, Kentucky, Ohio, Illinois, Missouri, Alabama* Arkansas, California, Iowa, Texas, Utah, New-Jersey, and New- York, by two subscribing witnesses. In Pennsylvania no sub scribing witnesses are required, provided the signature to the will can be proved by the oaths of two respectable witnesses. A will may be revoked at any time by the testator, and another made, either by himself or iii his presence and by his direction. A codicil is an addition or supplement to a will, and must be executed with the same formality that is, in the presence of tho same number of witnesses. Witnesses should always write their respective places of resi- dence after their name. Every person who shall sign the testator 7 name to a will by his direction, must write his own name as a wit ness to the will in the presence of two other witnesses. Nuncupative (unwritten) wills are always unsafe j and, although they are legal under many circumstances, they rarely fail to leave room for troublesome and expensive litigation. Marriage and the birth of a child after the execution of a will imply a revocation of such will, of real and of personal property^ provided such wife and child were unprovided for; but in case the wife and child are provided for. by settlement or otherwise, the will is good. The will of a single woman is annulled in law by her marriage. But a woman may make a deed of settlement of her estate before marriage which shall empower her to retain her right to make will after marriage. A sale of, or an agreement to sell, property devised in. a will, is a legal revocation of such will. Children born after the execution of a will, and not provided for 04 wnxs. oy pottlemcmt, aro entitled, at the death of the tcstatoi to Buoh share of the property as they would have had if no will had' beon made. Any provision made in a will for the wife of the testator will not exclude her legal claim to dower also, unless such provision be expressly stated to be in lieu of dower. A devise to a subscribing witness is void ; but such devise does oot affect tho validity of the will itself. The term heirs, or other words of inheritance, may be used in a will, but they are not called for by law. Property may not be devised to a corporation, unless such cor poratiou is authorized by its charter to receive bequests by will. Bequests of property to aliens not authorized by law to hold property are void. Incumbrances upon a testator's real or personal estate does not affect the validity of his will ; but the devises and legacies therein are subject to such incumbrance. All debts and other incumbrances must be settled previous to the distribution of the gifts to the devisees (the parties to whom the bequests are made). The authenticity of a will must be proved before the Surrogate of the county in which it is made ; should the decision of the Sur- rogate be unsatisfactory to the parties interested, an appeal may be made by all or either of them to the circuit judge of the circuit court ; should the decision of the latter bo equally unsatisfactory, an appeal may be made to the court of chancery ; in case this should also be unsatisfactory, a further appeal may be made to tho Supreme Court, whose decision is final ; a record of which decision must then be made by the Surrogate. The cost and expenses of such appeal must be paid by the party or parties appealing, in case of his or their failure to impeach the validity of the will ; but if he or they succeed in impeaching the will, the costs must be paid by the contesting party, either personally or out of the effects of the deceased. No person can be an executor of a will who, at the time the will ID Droved, is either an alien, under twenty-one years of age, a drunk ara, a convict or deficient in understanding. An executor ot a will may renounce such appointment by ao WILLS. 95 instrument signed before two witnesses, which instrument must b<3 recorded by the Surrogate before whom the will was proved. Should all the executors refuse to serve, then power shall be granted to the 'residuary legatees, or some one of them, to act in their place ; if the legatees will not serve, then to the widow and next of kin, if there be any ; if none, then to any creditor of the testa- tor; if none, then to the public administrator. In case a man should die intestate, (without leaving a will), power to administer his property shall be granted in the following order : 1st, to the widow ; should there be none, then, 2d, to the sons ; should there be none, then, 3d, to the father ; 4th, to the brothers ; 5th, to the sisters ; 6th, to the grandchildren ; 7th, to any other of the next of kin. If any of the persons so entitled are minors, then to their guardians ; if the relatives or guardians will not accept, then to the creditors of the deceased, the creditor first applying, if otherwise competent, to have the preference. In case a married woman should die intestate, her husband is entitled to administer her property in preference to all other per- sons, provided he be of sound mind. He is liable for her debts only to the extent of the assets received by him. In New York and some other States, if a married woman who holds real estate in her own name, dies without making a will, her real estate, if she leaves children, goes to them, but the hus- band has a life interest in the use of it ; but if she leaves no chil- dren, then the real estate goes to her heirs at law, of whom the husband is not one. A Will of Real Estate. THE last will and testament of A. C.. &c. I, A. C., considering the uncertainty of this mortal life, and being of sound mind and memory, (blessed bo Almighty God for the same !) do make and publish this my last will and testament, in manner and form fol- lowing, (that is to say :) First, I give and bequeath unto my be- loved wife J. C., the sum of . ]tem, I give and bequeath to my eldest son G. C.-, the sum of . Itrm, I give and bequeath unto my two younger sons, J. C. and F. C., the sum of each. Jtem, I give and bequeath to my daughter-in-law, S. IJ., widow. the sum of ; which said several legacies or sums of money I will and order to be paid to the said respective legatees, within siz months after my decease. I further give and devise to my said eldest son G. C., his heirs and assign^ all that messuage or 96 WILLS. tenement, situated, lying, and being in, &c., together with till my other freehold estate whatsoever, to hold to him tho said G. (.-., hia heirs and assigns, forever. And I hereby give and bequeath to my aaid younger sons, J. C. and F. C., all my leasehold estate, of and in all those messuages or tenements, with the appurtenances, situ- ate, &c., equally to he divided between them. And lastly, as to all tho rest, residue, and remainder of my personal estate, goods, and chattels, of what kind and nature soever, I give and bequeath the eame to my said beloved wife, J. C., whom I hereby appoint sole executrix of this my last will and testament, hereby revoking all former wills by me made. In witness whereof, I have hereunto set my hand and seal, the day of , in the year of our Lord one thousand . A.C. [L.S.] . The above instrument, consisting of one fcheet, {or, of two sheets,) was now here subscribed by A. C., the testator, in the presence of each of us; and was at the same time declared by him to be his last will and testament ; and we, at his request, sign our names hereto, as attesting witnesses. D. F., residing at , in County G. H., residing at , in County. [Or, if the witnesses do not see the testator subscribe the will, it may be attested by his acknowledgment in the following form.] The above instrument of one sheet (or, of two sheets) was, at the date thereof, declared to us by the testator, A. C., to be his last will and testament ; and he then acknowledged to each of us, that he had subscribed the same : and we, at his request, sign our names hereto as attesting witnesses. D. F., residing at , in County. G. II., residing at , in County. Codicil to a Will. WHEREAS I, A. C., of, &c., have made my last will and testa ment in writing, bearing date, &c., [and have thereby, &c. &c.] Now I do by this my writing, which I hereby declare to be a codicil to my said will, to be taken as a part thereof, [will and direct, &c. &c.,] give and bequeath to my niece M. S., one gold watch, one large diamond ring, and one silver coffee-pot. And whereas, in in and by my last will and testament, I have given and bequeathed to my daughter-in-law G. H., the sum of , I do hereby order and declare, that my wii! is that only the sum of be paid unto her, in full of the said legacy I have as aforesaid given and bequeathed unto her; and that the remaining part of the said legacy be given and paid to my nephew E. G. And lastly, it is my desire that this my present codicil be annexed to, and made a part of my last will and testament, to all intents and purposeb \VILLS. Q5 In witness wheicof, I have hereunto set my hand and seal, tins day of -, &o. A. C. [L. s.] The above instrument of one sheet was, at the date thereof, de- clared to us by the testator, A. C., to be a codicil to be annexed to his last will and testament; and he acknowledged, to each of us, that he had subscribed the same ; and we, at his request, sign our names hereto as attesting witnesses. D. P., residing at , in County. G. II., residing at in County. General Form, disposing of an Estate in Legacies. KNOW all men by these presents, that I, T. T., of , in the county of , and State of , gentleman, being in good health, [or, in ill health, as the case may be,] and of sound and disposing mind and memory, do make and publish this my last will and tes- tament, hereby revoking all former wills by me at any time here- tofore made. First. I hereby constitute and appoint my wife, E. T., to be sole executrix of this my last will, directing my said executrix to pay all my just debts and funeral expenses, and the legacies hereinafter given, out of my estate. Second. After the -payment of my san?. debts and funeral expen ees, I give to each of" my children, T. H. T., E. A. T., M. P. T., and A. S. T., the sum of dollars, to be paid to each of them as soon after my decease, but within one year, as conveniently may be done. Third. And for the payment of the legacies aforesaid, I give and devise to my said executrix all the personal estate owned by me at my decease, (except my household furniture and wearing apparel,) and so much of my real estate as, when sold by leave of the court of probate, will be sufficient, in addition to the said personal estate herein given, to pay the said legacies. Fourth. I give to my said executrix, all my household furniture and wearing apparel, for her sole use. Fifth. I devise to my said executrix all the rest and residue of my real estate, BO long as she shall remain unmarried, and my widow, with remainder thereof, on her decease or marriage, to my said children and their heirs, respectively, share and share alike. In testimony whereof, I hereunto set my hand and seal, and publish and declare this to be my last will and testament, in the presence of the witnesses named below, this day of , in in the year T. T. [L. s.] This will must be attested in the same manner as in the preco. forms, WILLS. General Form, disposing of both Real and Personal Estate. IN the name of God, Amen. I, A. B., of, &c., being in good bodily health, and of sound and disposing mind and memory, call. ing to mind the frailty and uncertainty of human life, and being desirous of settling my worldly affairs, and directing bow the estates with which it has pleased God to bless me, shall be dis- posed of after my decease, while 1 have strength and capacity so to do, do make and publish this my last will and testament, hereby revoking, and making null and. void, all other last wills and testa- ments by me heretofore made. And, first, I commend my immortal being to Him who gave it, and my body to the earth, to be buried with little expense or ostentation, by my executors hereinafter named. And as to my worldly estate, and all the property, real, personal, or mixed, of which I shall die seized and possessed, or to which I shall be entitled at the time of my decease, I devise, bequeath, and dispose thereof in the manner following, to wit : Imprimis. My will is, that all my just debts and funeral charge* shall, by my executors hereinafter named, be paid out of my estate, as soon after my decease as shall by them be found convenient. Item. I give, devise, and bequeath to my beloved wife, C. B., all my household furniture, and my library in my mansion or dwelling house, my pair of horses, coach, and chaise, -and their harnesses; and also fifteen thousand dollars, in money, to be paid to her by mj executors hereinafter named, within six months after my decease : to have and to hold the same to her, and her executors, administra-' tors, and assigns forever. I also give to her the use, improvement and income of my dwelling-house, hind, and its appurtenances, situ, ated in , my warehouse, land, and its appurtenances, situated in , to have and to hold the same to her for and during her natural life. Item. I give and bequeath to my honored mother, O. B., two thousand dollars, in money, to be paid to her by my executors here- inafter named, within six months after my decease ; to be for tho sole use of herself, her heirs, executors, administrators, and as- signs. Item. I give, devise, and bequeath to my son E. B. the reversion or remainder of my dwelling or mansion-house, land, and its appurte- nances, situated in , and all profit, income, and advantage that may result therefrom, from and after the decease of my beloved wife, C. B. ; to have' and to hold the same to him, the said E. B., his heirs and assigns, from and after the decease of my said wife, to his and their use and behoof forever. Item. I give, devise, and bequeath to my son T. B. the reversion or remainder of iny warehouse, land, and its appurtenances, situ ated in , and all the profit, income, and advantage that may result therefrom, from and after tho decease of my beloved wife WILLS. 99 C. B. to have and to hold the sarne to the said F. B., his heirs and assigns, from and after the decease of my said -wife, to his and their use and behoof forever. Item. All the rest and residue of my estate, real, personal, 01 mixed, of which I shall die seized and possessed, or to which I shall bo entitled at the time of my decease, I give, devise, and be- queath, to 1)0 equally divided to and among my said sons, E. B. and F. B. And, Lastly. 1 do nominate and appoint my said sons, E. B. and F. B., to be the executors of this my last will and testament. In testimony whereof, I, the said A. B., have to this my last will and .testament, contained on three sheets of paper, arid to every sheet thereof subscribed my name, and to this the last sheet there- of I have here subscribed my name, and affixed my seal, this day of , in the year of our Lord one thousand eight hundred and . A. B. [L. s.] This will must be attested in the same manner as in the prece* ding forms. Form of a Will of Goods. IN the name of God, Arnen. I, A. B., of , in, the county of , farmer, being mindful of my mortality, do, this daj of , in the year of our Lord , make and publish this my last will and testament, in manner following : First. 1 desire to be decently and privately buried in the church- yard at , without any funeral pomp, and with as little expense as may be. Also, I give and becmeath unto my son, J. B., the sum of Also, I give and bequeath unto my daughter, M. B., the sum of . To bo paid unto them respectively, so soon as one yesr after my decease shall be expired. Also, I do forgive unto L. M. the sum of , out of the princi- pal sum of 5 which he owes to me upon bond. Also, I give to my grand-daughters, A. and B., children of mj daughter C., the sum of a-piece, to be paid to them respect- ively, at their respective ages of twenty-one years, or days of mar- riage, which shall first happen; the same to be put out to interest at the discretion of my executrix, and the interest accruing thereby to be -applied to their education and maintenance respectively, until their said respective ages or marriages. And in case either of them shall die before the age of twenty-one years or marriage, then I give the share of her so dying unto the survivor of them. And if both of my said grand-daughters shall happen to die before til attaining tho age of t\Yenty-ono Y<?ars or marriage^ then I giv J 00 WILLS. und bequeath the whole of the said several sums unto my daughter D., if she shall be then living. Also, I give to my wife, E. B., during her life, the use of all my plate and hmsehold goods, bedsteads, bedding, and other furniture ; Mid after her decease, to remain to my son, J. B. All the rest and residue oi my personal estate, whatsoever and wheresoever, of what nature, kind, and quality soever the samo may be, and not hereinbefore given and disposed of, (after payment of my debts, legacies, and funeral expenses,) I do give and bequeath unto my wife, E. B v her executors, administrators, and assigns, to and for her and their own use and benefit absolutely. And I do hereby constitute and appoint my said wife, E. B.,'solo executrix of this my last will and testament. In witness whereof, I have hereunto set my hand and seal, the day and year first above written. A. B. This will must be attested in the same manner as is directed in the preceding forms. Will of Lands and Goods. IN the name of God, Amen. I, A. B., merchant, of , do make and declare this my last will and testament, in manner and Form following : First. I resign my soul into the hands of Almighty God, hoping and believing in a remission of my sins, by the merits and media- tion of Jesus Christ;, and my boay I commit to. the earth, to bo buried at the discretion of my executor hereinafter named ; and my worldly estate I give and devise as follows : First. I give and devise to my younger son, B. B., all that my whole messuage and tenement, situate, lying, and being at , to have and to hold to my said son, B. B., his heirs and assigns forever. Also, I give and devise all that my messuage and tenement, with the appurtenances, situate, lying, and being at , unto my daughter, C. B., to have and to hold to my said daughter, C. B., and her assigns, for and during the term of her natural life, with, out impeachment or waste; and from and immediately after her decease, I give and devise the same unto my said son,B. B., his heirs and assigns forever. And I do hereby give, devise, and bequeath unto my wife, E. B., and her assigns, for and during the term of her natural life, ono annuity, or clear yearly rent or sum of , free of all taxes and other deductions, to be issuing and payable out of the said mes- suage and tenement, and to be paid and payable by equal half- yearly payments, at , the first payment thereof to be on ; and I do hereby charge and subject the paid messuage and teno- WILLS 101 lacnt to and with the payment of the said annuity, yearl 7 rent, or sum of accordingly ; and my will is, that in case the said an- nuity, or any part thereof, shall be behind or unpaid by the space of twenty days next after the aforesaid , whereon the sarns is hereinbefore directed to he paid as aforesaid, (being lawfully de- manded,) that then and go often it shall and may be lawful for my said wife, and her assigns, to enter upon the said premises charged with the said annuity as aforesaid, and distrain for the same, or for BO much thereof as shall be so in arrear; and the distress and distresses then and there found, to detain and keep, until she shall be fully paid and satisfied all such arrearages, with costs and charges in and about making and keeping thereof ; and in case the said annuity, or any part thereof, shall be behind or unpaid for the space of forty days next after any of the said days of payment whereon the same ought to be paid, as aforesaid, that then and so often it shall and may be lawful for my said wife, and her assigns into all and singular the premises' charged with the said annuity as aforesaid to enter, and the rente, issues, and profits thereof to receive and take, until she be therewith and tnereby, or by the person or persons who shall be then entitled to the immediate possession of the premises, paid and satisfied the eame and every part thereof, and all the arrears thereof incurred before, and that shall incur du^ng such time as she shall receive the rents, issues, and profits thereof, or be entitled to receive the samo by virtue of such entry, to be made as aforesaid, together with her costs, dama- ges, and expenses laid out and sustained, by reason of the non- payment thereof, or any part thereof. Also, I will .and ordain, that the executor of this my last will and testament, or his executor or executors, for and towards the performance of my said testament, shall, with ail convenient speed after my decease, bargain, sell, and alien, in fee simple, all tncs? my lands called , for the doing, executing, and perfect fin t ishing whereof I do by these presents give to my said executor, and his executor or executors, full power and authority to grant alien, bargain, sell, convey, and assure all the same lands, called , to any person or persons, and their heirs forever, in fee simple, by all" and every such lawful ways and means in the law, AS to my said executor, or his executor or executors, or to his or iheir counsel, learned in the law, shall seem fit or necessary. And I do hereby appoint my trusty friend, E. B. ; executor of this my last will and testament, and do give unto him the sum of , in consideration of the pains and trouble he will have in the execution of this my will. Also, for the better education of my children, A., B., and C., I do give and dispose of the tuition and custody of them, and every of them, unto my wife E. B., for such time as they or any of them respectively continue unmarried, and under the age of onc-and- twenty years, and my said \vifo remains my widow ; but if my said 102 WILLS. wife should die or marry, during the single life and nonage cf any of my said children, so being unmarried and under the age of ^ne- and-twenty years at the marriage or death of my wife, unto my said executor, E. E. And my will is, and I do hereby expressly declare, that my said executor, his executor or executors, shall not he charged or charge- ahle with, or accountable for more of the aforesaid moneys or estates than he or they shall actually receive, or shall come to his or their respective hands by virtue of this my will, or with or for any loss which shall happen of the said nvmeys or estates, or of any part of my personal estate, so as such loss happen without his or their wilful default and neglect. And also, that it shall and may be lawful for him, my said exec utor, and his executor or executors, in the first place, out of the said premises respectively, and out of the residue of my personal estate, to deduct and reimburse him and themselves respectively, all such loss, costs, charges and expenses as he or they shall sus- tain, expend, or be put unto, for or by reason of the performance of this my will, or tne management or execution thereof respect- ively, or any other thing in any wise relating thereto. And finally, all the rest, residu-e, and remainder of all my estate and effects, real and personal, whatsoever and wheresoever, not hereinbefore otherwise effectually disposed of, (af;er payment of my debts, legacies, and funeral expenses, and other charges and de'ductions as aforesaid,) I do give, devise, and bequeath unto my oldest son, A. B. In witness, &c. A. B. This will must be attested in the same manner as in the prece- ding forms. THE following clauses may be inserted, if necessary, in either of the foregoing wills. CLAUSE CONCERNING DISPUTES ABOUT ANY GIFT OR BEQUEST IX A WILL. AND lastly, my express will and meaning is, and I do hereby or der and appoint, that if any difference, dispute, question, rr contr/>- versy shall be moved, arise, or happen, concerning any gift, be- quest, matter or thing in this my will given and bequeathed, ex- pressed or contained, that then no suit or suits, in law or equity, or otherwise, shall be brought, commenced, or prosecuted for and concerning the same, but the same shall be referred wholly to the award, ordnr, and determination of my friends F. H. and ]. D., both of. &c.. and what they shall order, direct, cr determine therein shall be binding and conclusive to all and every person and persons therein concerned. A. W- WILLS. 103 PROVISO THAT SUMS ADVANCED BY TESTATOR IN HIS LIFETIME TO CHILDREN SHALL BE TAKEN AS PART OF PORTION. PROVIDED always, and I do hereby declare, that in case I shall, in my lifetime, advance and pay to any of my children, either sons or daughters, any sum or sums of money, for his or their benefit or advancement in the world, or otherwise, and shall signify the same in writing under my hand, then if any such sum or sums shall be equal to the share or shares of such child or children respect- ively, of and i i the premises, &c., by me hereby devised or be- queathed for their respective benefits, such sum or sums, so paid or advanced, shall in that case be accounted in full satisfaction of the share or shares of such child or children respectively, in the said estate and premises ; but if such advanced sum or sums shall bo less than the share or shares of such child or children respectively, of and in the said premises, &C-, then such advanced sum or sums shall be accounted as part only of the share or shares of such child or children therein, and in that case such child or children shall not receive or be entitled to any sharo or interest of, or in such parts of the said premises, &c., which shall have been paid or advanced to him, her, or them, for the purposes aforesaid, until the other or others of such child or children shall have received as much of the said premises, &e.j as shall make his, her, or their share or shares thereof equal to what shall have been so paid or advanced to or for the benefit, advantage, or preferment of such child or children respectively ; to the end and intent that the said premises may bo equally divided among all such children, share and share alike. APPOINTMENT OF GUARDIANSHIP. AND I hereby commit the guardianship of all my children, until they shall respectively attain the age of twenty-one years, unto mj said wife, during her life, if she shall so long continue my widow ; and from and after her decease, or second marriage, unto my trusty and much-esteemed friend A. B., his executors and assigns : and do hereby declare that the expenses of the maintenance and educa- tion oif my said children, until they shall attain the age aforesaid, or become entitled to the sum or sums of money hereby provided for their benefits respectively, shall be paid and borne by my saul wife, by and out of the moneys and estate given and bequeathed to her in and by this my will. Devise from a Husband to his Wife of an Estate for Life, in Lien of Bower, Remainder to his Children as Tenants in Common. ITEM. I give and devise unto my said wife, all that my said messuage, or tenement, with the appurtenances, situate, &c., -with 104 MORTGAGES the lands and hereditaments thereunto belonging, and the renta issues, and profits thereof, for and during the term of her natural life; and from and after the decease of my said wife, I give and bequeath the said messuage or tenement, lands, and hereditaments, unto such child or children, as I shall leave or have Jiving at the time of my decease, and to their heirs and assigns forever, as tenants in common and if I shall have no such child or children, &c., then I give and devise. &c., which said legacy given to my said wife as aforesaid, I hereby declare is intended to be, and is so given to her, in full satisfaction and recompense of, and or her dower and thirds, which she may, or can in any wise claim or demand out of my estate. Item. I give and devise all the rest and residue of my estate both real and personal, (not hereinbefore by me given and be queathed,) unto, &c. MORTaAGKES. A MORTGAGER is one who makes a mortgage ; a MORTGAGEE fa one to whom a mortgage is made. A mortgage is the pledging of an estate for the security of a debt, and becomes void when the debt is paid. Any person own ing an interest in, or the whole of an estate, is at liberty to mort- gage his or her claim upon or interest in it, provided he or she is not under age. A married woman cannot make a mortgage with- out the consent of her husband. It frequently happens that em- barrassed persons give as many as five mortgages, to as many different persons, on their estates. A first mortgage^ however, takes precedence of all subsequent mortgages or conveyances, provided it is recorded. All mortgages must be recorded in the clerk's office of the county in which the property lies. All mortgages on personal property, to be valid, must be ro corded in the town clerk's office in which the property lies at tho time of the execution of the instrument ; they must also be recorded in the town clerk's office of every town to which the pro- perty may be removed. When the property is in a city where the county clerk's office is kept, then the mortgage must be recorded in that office. Such mortgages will cease to be valid after the expiration of one year from the recording thereof, unless a true copy of such mortgage, together with a statement of the real inter- eat of tlie mortgagee in the -property, shall, within thirty days of MORTGAGES 105 the expiration of the year, be again filed in the office of the town or county clerk in -which the mortgager shall then reside. "When the mortgage is paid, a certificate to that eifect from the mortgagee or his legal representatives, duly acknowledged by a commissioner of deeds, must be presented to the clerk of the towu cr county office in which the mortgage is recorded, who will file it, and the mortgage is at an end. A mortgage, to secure the purchase-money, made at the time of the purchase, takes precedence of any previous judgment against the mortgager. A mortgage sometimes conveys to the mortgagee the power to sell, in such cases, the mortgagee may sell the property without the aid of any court. Such sale, however, will not do away with a judgment or mortgage obtained prior to the sale. All such salea must be made at public auction. Mortgage of Lands by Husband and Wife. THIS Indenture, made the day of , in the year of oar Lord one thousand eight hundred and between J. J., of the city of NeAv-York, merchant, und A. his wife, of the first part, and C. K., of said city, merchant, of the second part, witnesseth : That the said parties of the first part, for and in consideration of the sum of , lawful money of the United States, to them in hand paid, 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 assigns Forever, all that certain lot, &c. ] together with all and singular the 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 es- tate, right, title, interest, dower, possession, claim, and de- mand Avhatsoover, of the said parties of the first part, of, in, and to the same, and every par^ thereof, with the appurtenances, To have and to hold the said hereby granted premises, with the appurtenances, unto the said party of the second part, his heirs, find assigns, to his and their only proper use, benefit and behoof forever. Provided always, and these presents are upon this con- dition, that if the said parties of the first part, their heirs, execu- tors, administrators, or assigns, shall pay unto the said party of the second part, his executors, administrators, or assigns, the sum of , on or before the day of , which will be in the jear -^ with interest, according to the condition of a bond of the 106 MORTGAGES. said J J., to the said C. K., bearing even date herewith ; then these presents shall become void, and the estate hereby granted shall ceaso and utterly determine. But if default shall "be made in the payment of the said sum of money, or the interest, or of any part thereof, at the time hereinbefore specified for the pay- ment thereof, the said parties of the first part, in such case, do hereby authorize and fully empower the said party of the second part, his executors, administrators, and assigns, to sell the said hereby granted premises, at public auction, and convey the same to the purchaser, in fee simple, agreeably to the act in such caso made and provided, and out of the moneys arising from such sale, to retain the principle and interest which shall then be due on tho said bond, together with all costs and charges, and pay the over plus (if any) to the said J. J., party of the first part x his heirs, ex- ecutors, administrators, or assigns. In witness whereof, the parties to these presents have hereunto set their hands and seals, the day and year first above written. Sealed and delivered in ) JO FIN JAY, [L. s.l the presence of C AMELIA JAY, [L. s.l JOHN SMITH. A Mortgage given for part of the Purchase-Money of Land, THIS Indenture, made the day of , in the year of our Lord , between A. B., of the city of New-York, merchant, of the first part, and S. B., of the said city, esquire, of the second part, witnesscth : That the said party of the first part, for and in consideration of the sum of three thousand dollars, lawful money of the United States, to him in hand paid, the receipt whereof ia hereby acknowledged, hath granted, bargained, sold, aliened, re- leased, conveyed and confirmed, and by these presents doth grant, bargain, sell, alien, release, convey and confirm, unto the said party of the second part, and to his heirs and assigns forever, all those three certain lots, pieces and parcels of land, situate, lying, and being, &c. ; the said three lots of land being part of the pre- mises this day conveyed to the said A. B. by the said S. B. and his wife, and these presents are given to secure the payment of part of the consideration-money of the said premises; together with all and singular the hereditaments and appurtenances thereunto bo- longing, or in any wise appertaining, and the reversion and rever- sions, remainder and remainders, rents, issues, and profits thereof, and also, all the estate, right, title, interest, dower, possession, claim, and demand whatsoever, of the said party of the first part, of, in, and to the same, and every part thereof, with the appurtenances. To have and to hold the said hereby granted premises, Avith the appurtenances, unto the said party of the Beccad part, his heirs and assigns, to his and their only propel use* benefit, tand bohoof forevos. Provided always, and tlioss MORTGAGES. 107 gents aro upon this condition, that if the said party of the first part, his heirs, executors, administrators, or assigns, shall pay unto the said party of the second part, his executors, administrators, or as- signs, the sum of three thousand dollars, lawful money aforesaid, on or before the day of next, with interest thereon at the rate of six per cent per annum, payable half-yearly, on the first days of May and November in each year, until the whole principal sum shall be fully paid and satisfied, according to the condition of the bond of the said A. B. to the said S. B., bearing even date herewith, then these presents, and the estate hereby granted, shall cease and be void. And if default shall be made in the payment of the said Bum of money, or the interest, or of any part thereof, at the time hereinbefore specified for the payment thereof, the said party of the first part in such case does hereby authorize and fully empower the said party of the second part, his executors, administrators, and assigns, to sell the said hereby granted premises at public auction, and convey the same to the purchaser, in fee simple, ao cording to law, and out of the moneys arising from such sale to retain the principal and interest which shall then be due on the said bond, together with all the costs and charges, and the overplus (if any) pay to the said party of the first part, his heirs, executors, administrators, and assigns. And it is also agreed, by and be- of the lawful or assigns, "to keep the buildiags erected, or to be erected, upon the lands above conveyed, insured against loss or damage by lire, and these presents shall operate to secure the repayment of the pre- mium or premiums paid for effecting or continuing such insurance. In witness, &c., [as in Mori gage of Lands by Husband and Wife.} Mortgage on Lease. THIS Indenture", made the day of , in the year one thou- sand eight hundred and , between A. B., of the city of New York, of the first part, and C. D. of the second part : Whereas E F. did, by a certain indenture of lease, bearing date the day of , in the year one thousand eight hundred and , demise release, and to farm let, unto G. II., and to his exec itors, adminis trators, and assigns, all and singular the premises hereinafter men tioned and described, together with their appurtenances : To have and to hold the same unto the said G. II., and to hi? executors, ad- ministrators, and assigns / for and during and until the full end an<J term of years, from the day of , in the year , and fully to be complete and ended, yielding and paying therefor unto the said E. F., and to his executors cr assigns, the yearly rent or earn of , which said indenture of lease and term of years 108 MORTGAGES. therein mentioned and demised, have been duly assigned tc the said A. B. And, whereas, the said party of the first part is justly indebted to the said party of the second part, in the sum of dollars, lawful money of the United States of America, secured to be paid by his certain bond or obligation, bearing even date with these presents in the penal sum of dollars, lawful money aa aforesaid, conditioned for the payment of the said first-mentioned sum, with interest, as by the said bond or obligation and the con- dition thereof, reference being thereunto had, may more fully ap- pear. Now this indenture witnesseth, that the said party of the first part, for the better securing the payment of" the said sum oi 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 party of the second part, at or be- fore the ensealing and delivery of these presents, the receipt where- of is hereby acknowledged, hath granted, bargained, sold, assign- ed, transferred, and set over, and by these presents doth grant, bar- gain, sell, assign, transfer, and set over, unto the said party of the second part, all, &c., 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, pro- perty, possession, claim, and demand wluitsoever, as well in law as in equity, of the said party of the first part of, in, and to the said demised premises, and every part and parcel thereof, with the ap- purtenances ; and also the said indenture of lease, and every clause, article, and condition therein expressed and contained: To have and to hold the said indenture of lease, and other hereby granted premises, unto the said party of the second part, his executors, ad- ministrators, 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, never- theless, 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 party 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, fend be utterly null and void, any thing hereinbefore contained to the contrary in any wise notwithstanding. And the said party of the first part doth hereby covenant, grant, promiso, and agree, to ard with the said party of the second part that he shall well and truly fay unto the said party of the second part the said sum of MORTGAGES. 109 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 incumbrances whatsoever, and that he hath good right and lawful authority to convoy 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 that 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 party of the first part, ,of, in, and to the same, at public auction, according to the act in such case made and provided : and as the attorney of the said par- ty of the first part, for that purpose by these presents duly author- ized, constituted, arid appointed, to make, seal, execute, and deliver to the purchaser or purchasers thereof, a good and sufficient assign- ment, transferor other conveyance in the law, for the same premi- ses, 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 costs 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 party of the firgt part, or his assigns ; which sale, so to be made, shall he a perpetual bar, both in law and equity, against the wwd party of the first part, and against all persons claiming or to claim the premises, or any part 'thereof, by, from, or under him, them, or any of them. In witness, &c., [as in Mortgage of Lands by Husband and Wife.] Mortgage on Goods or Chattels. To all to whom these presents shall come : Know ye, that I, A. B. of , party 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 C. D. of , 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, two bay horses, and all other goods and chattels men- tioned in the schedule hereunto annexed, and now in the possession of ; to have and to hold all and singular the goods and chat- tels above bargained and sold, or intended so to be, unto the said party of the second part, his executors, administrators, and assigns, forever. 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, 1 10 MORTGAGES. 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 j upon condition, that if I. the said party of the first part, shall and do well and truly pay urito the said party of the second part, his executors, administrators, or assigns, the full sum of dollars, on the day of next, according to the tenor and effect of a certain promissory note, bearing even date herewith, made by me in favor of the said C. D.. then these pre- sents shall he void. And I, the said party of the first part, for my- self, 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 the 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 exe- cutors, administrators, and assigns, with the aid and assistance of any person or persons, to enter my dwelling-house, store, and other premises, and such other place or places as the said goods or chat- tels, are, or may be placed, and take and carry away the said goods and chattels, and to sell and dispose of the same for the best price they can 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 execu- tors, administrators, or assigns. And until default be made in the payment of the said sum of money I am to remain and continue in the quiet and peaceable possession of the said goods and chattels, and the full and free enjoyment of the same. In witness, &c. ? [as in Mortgage of Lands by Husband and Wife I Mortgage for securing the Payment of Money due on a Bond. THIS Indenture, made the twentieth day of April, in the year of our Lord one thousand eight hundred and sixty, between A. B., of ; in the county of , yeoman, of the one part, and C. D. ; of the city of , merchant, of the other part. Whereas, the paid A. B., in and by a certain obligation, or writing obligatory, under his hand and seal, bearing even date herewith, stands bound unto the said C. D. in the sum of one thousand dollars, conditioned for the payment of five hundred dollars, on the twentieth day of July next ensuing the date hereof, with lawful interest for the same, as in and by the said recited obligation and condition thereof, relation being th'ereunto had, more fully and at large appears; Now, this Indenture witnesseth, That the said A. B., as well for and in consideration of the aforesaid debt or sum of five hundred dollars, and for the better securing the payment thereof, with its interest, unto the said C. D., his executors, administrators and MORTGAGES. Hi assigns, in discharge of the said recited obligation, as of the further Bum of one dollar, to him in hand paid by the said C. D., at and before the sealing and delivery hereof, (the receipt whereof is here- by acknowledged,) hath granted, bargained, sold, released, and confirmed, and by these presents doth grant, bargain, sell, release, and confirm, unto the said C. D., his heirs and assigns, all that mes- suage, &c., together with all and singular the buildings, improve- ments, way* woods, waters, water-courses, rights, liberties, priv- ileges, hereditaments, and appurtenances whatsoever thereunto belonging, or in any wise appertaining ; and the reversions and remainders, rents, issues, and profits thereof. To have and to hold the said messuage, &c., hereditaments and premises hereby granted or mentioned, or intended so to be, with the appurtenances, unto the said C. D., his heirs and assigns, to the only proper use and behoof of the said C. D., his heirs and assigns, forever. Provided always, nevertheless, that if the said A. B., his heirs, executors, or administrators, shall and do well and truly pay, or cause to be paid, unto the said C. D., his executors, administrators, or assigns, the aforesaid debt or sum of five hundred dollars, on the day and time hereinbefore mentioned and appointed for pay- ment thereof, with lawful interest for the same, according to the condition of the said recited obligation, without any fraud or further delay, and without any deduction, defalcation, or abatement, to be made of anything for or in respect of any taxes, charges, or assess- ments whatsoever ; then and from thenceforth, as well this present Indenture, and the estate hereby granted, as the said recited obli- gation, shall cease, determine, and become absolutely null and void, to all intents and purposes, anything hereinbefore contained to the contrary in any wise notwithstanding. In witness, &c., [o-v in Mortgage of Lands by Husband and Wife.] EITHER of the following covenants may be inserted in any of the foregoing mortgages, if they should be considered necessary to strengthen the hold upon the property, or otherwise : A COVENANT THAT MORTGAGER HATH RIGHT TO CONVEY. AND also that he, the said S. R, now hath in himself good right and full power to give, grant, sell, and convey the premises herein- before granted, unto and to the use of the said W. J., his heirs and assigns, in manner aforesaid, according to the intent of these presents A COVENANT TO PAY TAXES, ETC- AMD tiiat he, the said N. P., his heirs, executors, or administra- tors, shall and will, from time to time, and at all times hereafter 112 MOBTQAGES. until tho said sum of shall Tbe fully paid and satisfied to the said J. E., as aforesaid, pay and discharge all, and all manner of taxes, rates, and assessments, which shall be laid, taxed, rated, or assessed thereupon, or upon any part thereof, or upon the said J. E., his executors, administrators, or assigns, for or in respect thereof, or any part thereof, by the authority of [the Congress of the United States of America, of the General Court of the Com- monwealth of Massachusetts,] and also save harmless and keep indemnified the said J. E., his executors, &c., of and from all ac- tions, suits, penalties, forfeitures, costs, charges, and damages, which shall or may bo brought, commenced) incurred, forfeited, arise or happen, for or by reason of the non-payment of such taxes, rates, or assessments, in any wise however. A COVENANT THAT UNTIL DEFAULT BE MADE, THE MORTGAGER SHALL HAVE THE RIGHT TO SELL. AND provided also, that until default by the said A. B., of and in the performance of the condition of defeasance aforesaid, or of some part thereof, it shall and may be lawful for the said A. B., his executors, administrators, or assigns, to retain possession of the said goods, wares, and merchandise, and the said furniture, using and making sales thereof from time to time, in the usual course and manner of trade,and applying the proceeds of such sales to the pay- ment of the several notes aforesaid, or accounting for and paying over such proceeds to the said C. D., his executors or administra- tors; but if the said goods, wares, and merchandise, or furniture, or any part thereof, shall be attached by any other creditor or cre- ditors of the said A. B., before the said C. D. is discharged from all the liabilities aforesaid, then it shall and may be lawful for the said C. D., his executors, &c., to take immediate possession of the same to his and their own use. Satisfaction of Mortgage. County of , ss. I, C. D., of , do hereby certify that a mortgage, bearing date the day of , one thousand eight hundred and , made and executed by A. B. and C. B. his wife, to secure the pay- ment of his bond for dollars, with interest, bearing even date with said mortgage, recorded in the office of the clerk of the county of , in lib. of mortgages, page , on the day of , I860, is paid. Dated the day of , 1860. C. D. County of , ss. On the day of , one thousand eight hundred and sixty before me came C. D., to me known to bo the individual de MOIITGAGKS. J J 3 scribed in, and who executed the abo\e certificate, and acknow lodged that he executed the same. L B., Commissioner of Deedis. Notice of Sale, on Foreclosure of Mortgage by Advertisement. MORTGAGE SALE. Default has been made in the payment of the sum of dollars and cents, which is claimed to be due at the date of this no tice, on a certain mortgage bearing date the day of , 18 , executed by A. B. and Mary, his wife, of the town of , in the county of , and State of , to C. D., of the same place, [or, as the fact may be,] and recorded in the office of the Clerk of the county of , in book number 75 of mortgages, page 300, &c., on the day of , A. D., 18 , at twelvo o'clock, meridian : [If the mortgage is foreclosed by an assignee, in- sert here : which said mortgage has been duly asssigned to the sub- scriber :] Now, therefore, notice is hereby given, that, in pursuance of a power of sale contained in said mortgage, and of the statute in such case made and provided, the premises described in and cov- ered by said mortgage, to wit : " all, &c., [give description of the premises;] will be sold at public auction, at the court house, [or, at the house of O. P.] in the city [or, town] of , in the county of , on the day of nest, at ten o'clock in the forenoon. Dated the day of , 18. [The date should be that of the first publication of the notice.] C. D., Mortgagee, [or, Assignee.] Affidavit of Publication of the Notice. State of New-York, ) County; } Sl - E. F., of said county, being July sworn, [Attach here a says, that ho is, and, during the whole time printed copy of hereinafter mentioned, has been, the publisher the notice of and proprietor, [or, foreman,* in the publisb- sale.] ing office.] of the Gazette, a newspaper printed and published in the county of , aforesaid ; and that the annexed printed notice of sale was inserted and published in the said newspaper twelvo weeks, successively at least once in each week ; the said publication commencing on tho The affidavit of publication may aleo be made by the principal clerk of the pnblieher, 114 MORTGAGES. day of , 18-, and terminating on the day of 18. E. F. Sworn to before me, this { day of , 18. J G. II., Justice of the Peace. Affidavit of Affixing Notice of Sale on the Outward Door of the Court House.* State of New-York, ) County, } 8S - C. D., of said county, being duly sworn, [Altach here a says, that on the day of , 18 , he printed copy of affixed a notice of which the annexed printed the notice of notice is a just and true copy, on the outward sale.] door of the building where the county couvta are directed to be held in the county of , aforesaid. Sworn, &c., [as in Affidavit of Publication of Notice.] Affidavit of Serving copy of Notice of Sale, on Person having a Lien or Incumbrance. State of Ne^y-York, ) County, j SS M. B., of said county, being duly sworn, [ Attach here a says, that on the day of , 18 , ho printed copy of did personally serve A. B., E. F., and G. II., the notice of &c., with a notice of sale of which the an- sale.] nexed printed notice is a copy, by delivering a just and true c >py of said notice to each of them individually [or, he did serve A. B., with a notice of sale, of which the annexed printed notice is a true copy, by delivering a just and true copy of said notice to the wife, (or, daughter, aged eighteen years, or "thereabouts,) of the said A. B., at his dwelling house, he being at the time absent therefrom ] or, he did serve A. B., &c., &c., with a notice of sale, of which the annexed printed notice is a copy, by depositing a just and true copy of said notice in the post office in , properly folded and directed to each one of them, at his place of residence.] M. B. Sworn, &c., [as in Affidavit of Publication of Notice.] ncrc the printer or the person serving the notice of sale, affixes the notice, the wohstwice cf this aff.davit may b* incorporated in the affidavit of publication jr of ecrrlca MORTGAGES. . 115 Affidavit of the Auctioneer.* State of New- York, ) - County, j G. II., of said county, being duly [Attach here a says, that he sold the premises described in 'printed copy of the annexed printed notice at public auction, the notice of* at the time and the place of sale therein men- sale.] tioned, to wit : on the - day of - , 18 , at ten o'clock in the forenoon, at the court house, [or, house of 0. P.] in the city [or, town] of - , in tho county of - , aforesaid ; and that C. D. then and there purchased the same, for the price of : dollars ; he being the highest bid- der, and that being the highest sum bidden for the same. And this deponent further saith, that said sale was made in the day time, and, in all respects honestly, fairly, and legally conduct- ed, according to his best knowledge and belief; and, also, that the said C. D. purchased the said premises fairly, and in good faith, as he verily believes. G. II. Sworn, &c., [as in Affidavit of Publication of Notice.] Notice to accompany Copy of Notice of Sale served or Parties having any Lien or Incumbrance on the Mort- gaged Premises. Sir: Take notice, that the above is a copy of a notice that the mortgage therein mentioned will be foreclosed by a sale of the mortgaged premises, pursuant to the statute in such case made and provided, at the time and place therein specified. Dated , the day of , 18 . C. D., Mortgager, [or, Assignee.] Sheriff's Deed on Foreclosure. THIS Indenture, made, &c., between A. P., Esquire, Sheriff of the county of , in the State of New-York, of the first part, and C. D., of, &c., of the second part : Whereas, in and by a certain de- cree, made at a County Court held at the town of , in aivd for said county, before J. P. II., Esquire, County Judge, on the day of , one thousand eight hundred and , in a certain cause there pending in the said court, between E. B ., complainant, and A. B., C. B., and D. B., defendants, it was, among other things, ordered, adjudged and decreed, that all and singular the mortgaged premise? mentioned in the complaint in said cause, and in said do- creo described, or so much thereof as might be sufficient to raise the amount due to the complainant, for principal, interest, and * The party foreclosing tho mortgage may act as auctioneer, if be cboows to do NX 116 NATD IU.IJZ ATION. costs, in said cause, and which might be sold separately, without material injury to the parties interested, be sold at public auction, according to the course and practice of this court, and under the direction of the said Sheriff, party of the first part ; that the said sale be made on the day of , then next, at o'clock in the forenoon of that day, at the court house in the town of , in the county of , aforesaid; that the said Sheriff give public notice of the time and place of such sale, according to the course and practice of said court, and that any of the parties in said cause might become a purchaser, or purchasers, on such sale ; that the said Sheriff execute to the purchaser, or purchasers, of the said mortgaged premises, or such part or parts thereof as should be sold, a good and sufficient deed or deeds of conveyance, for the same ; and whereas the said Sheriff, in pursuance of the order and decree of the said court, did, on the said day of , A. D., 18 , sell at public auction, at the court house in the town of , aforesaid, the premises in the said order mentioned, due notice of the time and place of such sale being first given^ agreeably to the said order ; at which sale, the premises hereinafter described were struck off to the said party of the second part, for the sum of dollars, that being the highest sum bidden fyr tire same. Now this indenture witnesseth: That the said Sheriff, in order to carry into effect the sale so made by him, as aforesaid, in pursuance of the said decree of the said court, and in conformity to the statute in such case made and provided, and also in consideration of the prem- ises, and of the said sum of money so bidden, as aforesaid, being first duly paid to him by the said party of the second part, the re- ceipt whereof is hereby acknowledged, hath granted, bargained, sold and conveyed, and by these presents doth grant, bargain, sell and convey, unto the said party of the second part, his heirs and assigns, forever, all [description;] To have and to hold all and sin- gular the premises above mentioned and described, and hereby con- veyed, or intendgd to be, unto the said party of the second part, his heirs and assigns, to his and their own proper use, benefit and be- hoof, forever. In witness whereof, the said Sheriff has hereunto set his hand and seal, the day and year first above written. Sealed and delivered ) A. B., Sheriff, in presence, of } J. D. NATURALIZATION. ANY adult foreigner, whose native country is at peace with the United States, may become a naturalized citizen on the following aonditions : 1st, Provided, after three years' residence in the Uni NATURALIZATION. 1 1 7 ted States he shall declare his intention to that effect (see Declara- tion of Intention) ; 2d, Provided he shall have resided one year within the State where the court is held to which he makes his appli- cation ; 3d, Provided he shall have sustained a good moral charac- ter up to the time of his admission j 4th, Provided he shall have satisfied the Court, and declare on oath (see Oath, of Alien) that during the three years prior to his application, it was his real in- tention to become a citizen, and to uphold the laws and Constitu tion of the United States. In becoming a citizen he must renounce all allegiance forever to his native country, and also every title or order of nobility, if he have any. Should an alien die after having declared his intention, his widow and children may become citizens by taking the oath which the alien himself would have taken. The children of duly naturalized persons, if minors at the time and residing in the United States, shall b 4eemed citizens, without taking out papers to that effect. Any foreigner who has resided in the United States prior to 1812, and has since continued to reside therein, may dispense with the declaration of intention ; as may also any applicant who has resided within the boundaries of the United States three years previous to his majority. Two years after declaring his intention, the applicant, if he shall have complied with the conditions de- scribed in the first paragraph of this article, is entitled to Me certif- icate of citizenship. The application may bo made to any Circuit or District Court of the United States. Naturalization Papers. DECLARATION OF INTENTION. 1, A. B., do declare, on oath, that it is bona fiae my intention to become a citizen of the United States, and to renounce forever all allegiance and fidelity to all and any foreign prince, potentate, state, and sovereignty whatever; and particularly to Victoria queen of the united kingdom of Great Britain and Ireland, Sworn in open court, this ) A "R day of i!8 J I, L. T., clerk of the court of , do certify that the above is a true copy of the original declaration of intention of A. B. to 118 NATURAJJZATION. become a citizen of the United States, remaining of record ii office. In testimony whereof, I have hereunto subscribed my namt f L. s 1 a ^ xec ^ the sea l *' tne said court, the - day of - , o thousand eight hundred and - . L. T. on* Oath of Alien. UNITED STATES OF AMERICA. STATE OF NEW-YORK, ) COUNTY OF , j ss A. B., being duly sworn, doth depose and say, that he is a resi dent in the State of New York, and intends always to reside in th United States, and to become a citizen thereof as soon as he can be naturalized, and that he has taken such incipient measures as the laws of the United States require, to enable him to obtain natural- ization. before me, the day of , 18. J. S., Clerk of the U. S. District Court. Certificate of Citizenship. BE it remembered, That on the day of , in the year of our Lord one thousand eight hundred and , A. B., late of Liverpool, England, at present of the city of , in the State of , appeared in the court of , (the said court being a court of record, having common-law jurisdiction, and a clerk and seal,) and applied to the said court to be admitted to be- come a citizen of the United States of America, pursuant to the directions of the act of Congress of the United States of America, entitled, " An act to establish an uniform rule of naturalization, and to repeal the acts heretofore passed on that subject ;" and also to an act entitled " An act in addition to an act, entitled ' An act to establish an uniform rule of naturalization, and to repeal the acts heratofore passed on that subject ; 7 " and also to the " Act relative to evidence in cases of naturalization,' 7 ' passed 22d March, 181G; and also to an act entitled ** An act in further addition to an act to establish an uniform rule of naturalization, and to repeal the acts heretofore passed on that subject," passed May 26th. 1824. And the said A. B. having thereupon produced to the court such evi- dence, made such declaration and renunciation, and taken such oafo, as are by the said acts required : Thereupon it was ordered by the said court, that the said A. B be admitted, and he was accordingly admitted by the said court, to be a citizen of the United States of America. POWERS OF ATTORNEY. 219 In testimony whereof, the seal of the said court is hereunto affixed this day of , in the year one thousand eight hun- 1 L s> ] djed an d -, and in the year of our independence. Per curian, L. T., Clerk. POWEKS OF ATTORNEY. AN attorney is one who is specially appointed to do anything for another. His authority may be limited or extensive, and general or particular, as the persons appointing him shall see fit. Any man may grant his own right or power to perform a thing to another. An attorney, however, cannot, without permission from his prin- cipal, delegate his authority to a substitute. An alien, a miaor, or a married woman, may act as an attorney. The authority to act as an attorney should be in due form and under seal. The attorney must act according to his instructions ; and whatever be undertaken, should be undertaken in the name oi the party from whom he has received his authority. Form of a Power of Attorney to sell and Lease Lands. KNOW all men by these presents, that I, A. B.,of the city of New York, merchant, have made, constituted, and appointed, and by these presents do make, constitute, and appoint 0. D., of , at- torney at law, my true and lawful attorney, for me, and in my name, place, and stead, to enter into and take possession of all such messuages, lands, tenements, hereditaments, aad real estate whatsoever, in the State of New York, whereof I am or may be in any way entitled or interested ; and to grant, bargain, and sell the same, or any part or parcel thereof, for such sum or price, and on such terms, as to him shall seem meet ; and for me and in my name to make, eseeute, acknowledge, and deliver good and suf- ficient deeds and conveyauces for the same, either with or without covenants and warranty ; and, until the sale thereof, to let and demise the said reiil estate f&r the best rent that can be procured for the same ; and to ask, demand, recover, and receive, all sums of money which shall become due and owing to me by means oi such bargain, sale, or lease; and to take all lawful ways and means for the recovery thereof, to compound and agree for the same, and execute and deliver sufficient discharges and acquittances therefor^ with power of substitution and revocation, giving and granting unto my said attorney full power and authority to do and perform all and every act and thing whatsoever requisite aud necessary ta be 120 POWEBS OF ATTORNEY. done in and about the premises, as fully, to all intents and pur poses, as I might or could do if personally present, with fullpowei of substitution and revocation, hereby ratifying and confirming all that my sa.d attorney or his substitute shall lawfully do or cause to be done by virtue 'thereof. In witness whereof, I have hereunto set my hand and seal, the day of , in the year one thousand eight hundred and sixty Sealed and delivered ) \-nri in presence of I L ' S 'J J. S. CERTIFICATE OF ACKNOWLEDGMENT TO BE ENDORSED. UNITED STATES OF AMERICA, > CITY AND COUNTY OF NEW-YORK, $ Be it known, that on the day of , one thousand eight hundred and sixty, before me, A. P., a commissioner of deeds, in and for the city and county of New-York, duly commissioned and sworn, personally came A. B., to me known to be the individual described in and who executed the foregoing power of attorney, and acknowledged the same to be his act and deed. A. P., Commissioner of Deeds for the City of New- York. CERTIFICATE OF COUNTY CLERK, TO BE ALSO ENDORSED WHEN THE POWER IS TO BE RECORDED IN ANOTHER COUNTY. STATE OF NEW-YORK, COUNTY OF vr - Y RK > Us. 7 ) J, T. J., clerk of the county aforesaid, do hereby certify, that A. P., whose name is subscribed to the certificate of the acknowledg- ment of the annexed power of attorney, and endorsed thereon, was, on the day of the date of the said certificate, a commissioner of deeds in and for the said county, residing in the said county, commissioned and sworn, and duly authorized to take the same. And further, that I am well acquainted with the handwriting of the said- A. P., and verily believe that the signature to the said certificate of acknowledgment is genuine. {"L. s.] In testimony whereof, I have hereunto set rnv hand, and affixed the seal of the said county, the day of . T. J., Clerk Power of Attorney to Collect Debts. KNOW all men by these presents, that I, L. M., of , have constituted, made, and appointed, and by these presents do consti- tute, make, and appoint N. O. t of , to be my true and lawful 0* ^vTiCTlNEY. 121 attorney, for me and ki my name and stead, and to my use, to ask, demand, sue for levy, recover, ana receive, a.-.I such sum and sums of money, debts rents, goods, wares, dues, accounts, and other de- mands whatsoever, which are or shall be due, owing, payable, and belonging to me, or detained from me, in any manner of ways or means whatsoever, by I. K., his heirs, executors, and administra- tors, or any of them, giving and granting unto my said attorney, by these presents, my full and whole power, strength, and authority, in and about the premises, to have, sue, and take all lawful waya and means, in my name, for the recovery thereof; and upon the receipt of any such debts, dues, or sums of money aforesaid, ac- quittances, or other sufficient discharges, for me and in my name to make, seal, and deliver and generally all and every other act and acts, thing and things, device and devices, in the law whatso- ever, needful and necessary to be done in and about the premises, for me and in my name to 0*0, execute, and perform, as largely and amply, to all intents and purposes, as I might or could do, if per- sonally present, or as the matter required more special authority than is herein given ; and attorneys one or more under him, for the purpose aforesaid, to make and constitute, and again at plea- sure to revoke ; ratifying, allowing, and holding, for firm and effectual, ail and whatsoever my said attorney shall lawfully do in and about the premises, by virtue hereof. In witness, c., [as in Power of Attorney to Sell and Lease Lands.] General Cnstom-Kouse Power. KNOW all men by these presents, that we, A. B. and C. D. ; ol tli3 city of , merchants, have made, constituted, and appointed, and by these presents do make, constitute, and appoint E. F., of eaid city, custom-house broker, our true and lawful attorney, for us and in our name to receive and enter, at the custom-house of the district of , any goods, wares, or merchandise, imported by us, or which may hereafter arrive, consigned to us, to sign our narhee, to seal and deliver for us, and as our 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 mer- chandise ; also, to sign our names to, seal, and deliver for us, and as our act and deed, any bond or bonds requisite for obtaining tho debenture on any goods, wares, or merchandise, whev exported, and generally to "transact all business at the said custom-house, in which we are. or may hereafter be interested or concerned, as fully a we could if personally present. And' wo hereby declare, that all bonds signed and .executed by our said attorney, shall be as ob- ligatory on us as though signed by us, and this power shall remain ia full force until revoked by written notice givee to said collector 122 POWERS OP ATTORNE1. In witness whereof, we have hereunto set our hands and scale this day of , in the year of our Lord one thousand eigh* hundred and . Sealed and delivered ) A. B. [L. s I in presence of ) C. D. [L. s.| J. S. STATE OF NEW-YORK, ) COUNTY of , j ss Bo it known, that on the day of , one thousand eight hundred and sixty, personally appeared A. B. and C. D., to me known to be the persons described in, and who executed the fore- going power of attorney, and acknowledged before me the same to bo their free act and deed. P -, In witness whereof, I have hereunto set my hand, and I ' 'J seal of office, the day and year last above written. D. E., Notary Public. Special Custom-Ho-ase Power. KNOW all men by these presents, that I, A. B., of the city of , merchant, havo made, constituted, and appointed, and by these presents do make, constitute, and appoint I). E., of said city merchant, my true and lawful attorney, for me and in my name tc receive and enter, at the custom-house of the district of , any goods, wares, or merchandise, imported by, or consigned to me, ip the ship Queen of the West, now on her voyage from Liverpool to New-York, and to sign my name to, seal, and deliver, for me, and as my act and deed, any bond or bonds which may be re- quired by the collector of 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 such goody, wares, or merchandise, when exported for me, and generally to transact all business at the said custom-house, (in reference to this importation,) as fully as I could, if personally present. And I here- by declare, that all bonds signed and executed by my said attorney shall be as obligatory on me as those signed by myself. In witness, &c., [as in General Custom-House power.] Power to receive the Rents of an Estate. KNOW all men by these presents, that I, A. B., of , have made, constituted, and appointed, and by these presents dc make, con- stitute, and appoint C, D., of, &c., my true and lawful attorney, for FOWEBS OF ATTORNEY. 123 mo, and in my name, and for my use to ask, demani and receive a!2 such rents, and arrears of rent, which now are, or hereafter shall grow due or owing to me from E. F., G. II., I. K., or any of them, as tenants or occupiers of any lands, tenements, or hereditaments belonging to, or claimed by me, situate at , or which may bo due from, or payable by any other person or persons whomsoever, as tenants, occupiers, or lessees, or assignees of any term or terms of such lands, tenements, or hereditaments, or any of them, or any part or parcel of them ; and upon receipt thereof to give proper ac- quittances, and sufficient discharges thereof ; and in default of pay- ment thereof, or any part thereof, to my said attorney, I do here- by authorize and empower him, my said attorney, for me, and in my name, into and upon the said messuages and premises to enter and distrain, and the distress and distresses there found and taken, to dispose of according to law, for the speedy recovery and ob- taining my said rent, and arrears of rent ; or otherwise to proceed bjr a suit or suits at law, for the recovery thereof, as by him my said attorney shall be thought fit ; hereby ratifying, &c. In witness, &c., [as in Power of Attorney to Sell and Lease Lands.] Power to receive a Legacy, KNOW all men by these presents, that whereas A. B., late of , deceased, by his last will and testament did give and be- queath unto me, C. D., of , a legacy of , to be paid unto me on , of which said will E. F., of , and C. II., of , are joint executors, as in and by the said will may ap- pear : now know ye, that I, the said C. D., have made, ordained, constituted, and appointed J. K., of , my true and lawful attorney, for me and in my name, and for my use and benefit, to ask, demand, and receive, of and from the said E. F. and G. H., the legacy given and bequeathed unto me, the said C. D., by the said will of the said A. B., as aforesaid ; and upon receipt thereof, by, or payment thereof to, my said attorney, a general release or discharge for the same to make, execute and deliver; hereby ra- tifying, confirming, and allowing whatsoever my said attorney shall lawfully do in the premises. In witness., &c., [as in Power of Attorney to Sell and Lease Lands.] Power of Attorney from Several Creditors OF A PERSON DECEASED, TO BRING ACTIONS, ETC., AND AN APPOINT MENT OF A CASHIER FOR RAISING AND PAYING MONEY TO DEFRAY THE EXPENSES. WHEREAS, A. JB., late of, &c., deceased, died indebted to ua whose names are hereunder subscribed, and to several other per- sons, by bond, bill, note, or otherwise : Know all men by these pro- 124 POWERS OF ATTORNEY. sents, that we, the said creditors, do hereby authtrue r>rd?r ap. point, and empo jver I. T.', of, &c., to be our attorney, fluent. an<* lawful solicitor, and for us, and in our names, and on cnr behalf to exhibit or prosecute one or more bills in the court of chancery, against such person or persons as he shall be advised, for an eqm table discovery and account of the estate and effects of the said A B., which is, or are, or shall or may be liable to the payment o\ our said debts ; and also in our name, and on our behalf, to com mence or prosecute any action or actions, suit or suits, in law 01 equity, or otherwise, as he, the said I. T., shall be advised, against any person or persons whomsoever, who hath or have possessed, or shall possess himself or themselves of such estate and effects of the said A. B., in order to the recovery of the said debts : for the doing of which this shall be a sufficient warrant to the said I. T. And in order for the carrying on, and effectually prosecuting such suit or suits, action or actions, we, the said creditors, do here- by nominate, constitute, and appoint W. W., of, &c. ? one of the eaid creditors, cashier in that behalf, and do hereby also promise and agree to and with the said "VY. W., that on his giving ten days' notice in writing to each of us, we will from time to time advance, pay, and contribute to the said W. W., each of us in proportion to the amount of our respective demands, such sum and sums of mo- ney, at such times and places as he shall by such notice in writing appoint, as may be necessary for defraying all lawful and reason- able costs and charges of such suit or suits, action or actions, or which may arise by reason of the premises. In witness, &c., [as in Power of Attorney to Sell and Lease Lands.] Power of Substitution. KNOW all men by these presents, that I, C. D., of , by virtue of the "power and authority to me given, in and by the letter of attorney of A. B., of the city of , which is hereunto annexed, do make, substitute, and appoint C. F. ; of , to ask, demand, and receive, of and from G. II., executor of the last will and testament of L. M., deceased, the legacy bequeathed to the said A. B. by the said L. M., as well for me as the true and lawful attorney and substitute of the said constituent named in the said letter of attorney, to do, ex ecute, and perform all and everything requisite and necessary to be done, as fully, to all intents and purposes, as the said constitu- ent or myself could do, if personally present ; hereby ratifying and confirming all that the said attorney and substitute hereby made shall do in the premises, by virtue hereof, and of the said letter of attorney. In witness, &c., [as in General Custom-House Power.] This form must be acknowledged before a Notary Public, sriTae as in General Custom-House Power. POWERS OF ATTOBNEY. 125 Revocation of a Power of Attorney, KNOW all men by these presents, that whereas I, A. B., of , in and by my letter of attorney, bearing date the day of , in the year one thousand eight hundred and , did make, con- stitute, and appoint C. D., of , my attorney, to recover and re- ceive all debts and sums of money due to me from E. P t> of , as by the aforesaid letter of attorney may more fully and at large appear. Now know ye, that I, the said A. B., have revoked, counter- manded, annulled, and made void, and by these presents do revoke, countermand, annul, and make void, the said letter of attorney above mentioned, and all power and authority thereby given, or intended to be given to the said C. D. In witness, &c., [as in Genera* Custom-House Power.] This form must be acknowledged by a Notary Public, same as in General Custom-House Power. Stock Power. KNOW all men by these presents, that I, A. B., of , do here- by make, constitute, and appoint C. D., of , iny true and law- ful attorney, for mo and in my name to sell, transfer, and assign shares of capital stock, standing in my name on the books of the Mechanics' Bank in the city of , with power also an at- torney or attorneys under him for that purpose to make and sub- stitute, 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 Uibdtitute or substitutes shall do therein bj virtue of these presents. Tn witness, &c., [as in General Custom-House Power.} Transfer of Stock. KNOW all men by these presents, that I, C. D., of , for value received, have bargained, sold, assigned, and transferred, and by these presents do bargain, sell, assign, and transfer, unto E. F., shares of capital stock, standing in my name on the books of the Mechanics' Bank in the city of , and do hereby constitute and appoint A. B., of , my true and lawful attorney, irrevoca- ble for me and in my name and stead, but to his use, to sell assign, transfer, and set over all or any part of the said stock, and for that purpose to make and execute all necessary acts of assignment and transfer, and one or more persons to substitute with like full power; hereby ratifying and confirming all that my said attorney, or his substitute or substitutes, shall lawfully do by virtue hereof In witness, &c.,, [as in General Custom-House Power.] 120 RELEASES. Power to Receive Dividend. KNOW all men by these presents, that I, A. B., ot , do RU thorize, constitute, and appoint C. D. to receive from the cashier of the Mechanics' Bank of , the dividend now due to me on all stock standing to my name on the books of the said company, and receipt for the same ; hereby ratifying and confirming all that may lawfully be done in the premises by virtue hereof. la witness, &c,, [as in General Custom-House Power.} RE LEASES. ALL releases must be accompanied with a seal. Every release must be founded on some consideration ; other wise fraud will be presumed. Where a party has a cause of action against more than one, either for money or injury, for which all are responsible, a release to one is understood to be a release to all. General Release of all Demands, KNOW all men by these presents, that I, A. B., of, &c., for and in consideration of the sum of , to me paid by C. D., of, &c., (the receipt whereof I do hereby acknowledge,) have remised, re- leased, and forever discharged, and I do hereby, for myself, my heirs, executors, administrators, and assigns, remise, release, and forever discharge the said C. D., his heirs, executors, and adminis- trators, of and from all debts, demands, actions, and causes of ac- tion, which I now have, in law or equity, or which may result from the existing state of things, from any and all contracts, liabilities, doings, and omissions, from the beginning of the world to this day. In testimony whereof, I have hereunto set my hand and seal, this sixteenth day of May, eighteen hundred and sixty. ABEL BUTLER. [L. s.J Mutual General Release by Indenture. THIS Indenture, made this day of , between A. B., o^ &c., of the one part, and C. D.. of, &c., of the other part, witnesscth : That, on the day of the date hereof, the said A. B. and C. D. have each paid to the other the sum of five dollars ; and each of them has cancelled and delivered up to the other certain covenants, bonds, notes of hand, and A^ritten contracts, upon which each of the parties claimed, and pretended to have divers claims and de- mands on the other : the said claims and contracts, so cancelled and delivered up, being supposed and intended to be all the cluiiua RELEASES. 127 and evidence of claim by each of the parties hereto on the other, And in consideration thereof, each of them, the said A. B. and 0. D., does hereby, for himself and his legal representatives, release, and absolutely and forever discharge the other, of and from all claims and demands, actions, causes of action, of every name and nature, so that neither of them shall have any claim on the other, directly or indirectly, on any contract, or supposed liability, or thing undertaken, done, or omitted to be done, from the beginning of the world to this day. In testimony, &c., fas in General Release of all Demands.] Release to a Guardian. KNOW all men, &c., that A. B., &c., son and heir of B. B., de- ceased, hath remised, released, and forever quit-claimed, ana by these presents doth remise, &c., unto C. D., of , his guardian, all and all manner of action and actions, suits, reckoning**, accounts, debts, dues, and demands whatsoever, which he, the said A. B. ever had, now hath, or which he, his executors or administrators, at any time hereafter, can or may have, claim, or demand, against the said C. D., his executors or administrators, for, touching, and concerning the management and disposition of any of the lands, tenements, and hereditaments of the said A. B., situate, &c., or any part thereof, or for, or by reason of, any moneys, rents, or profits by him received out of the same, or any payments made thereout, during the minority of the said A. B., or by reason of any matter, cause, or thing whatsoever, relating thereto, from the beginning ol the world to the day of the date hereof. In witness, &c., [as in General Releast of all Demands.] Release of Dower to the Heir- KNOW all men, &c., that I, A* B., &c., relict of B. B., late, &c., aa well for and in consideration of, &c., to me paid at or before. &o., by my son, J. B., &c., (the receipt whereof I do hereby acknowl- edge,) and for the love and affection which I have to my said son, have granted, remised, released, and forever quit-claimed, and by these presents do, &c., unto the said J. B., his heirs and assigns forever, all the dower and thirds, right and title of dower and thirds, and all other right, title, interest, property, claim, and de- mand whatsoever, in law and in equity, of me, the said A. B.. of, in, and to [a description of certain parcel of land, $*c., and how n descended to A. B. and B. ;'\ so that neither I, the said A. B., my heirs, executors, or administrators, nor any other perse n or per eons for me, them, or any of them, shall have, claim, challenge, or demand, or pretend to havft, &C M any dower or thirds, or any 128 RELEASES. other right, title, claim, or demand, of, in, or to the said premise* but thereof and therefrom shall be utterly debarred and excluded forever by these presents. In witness, &c., [as in General Relcau if all Demands.} Release of Dower, in consideration of an Annuity given m a Will. To all persons, &c., M. N., &e., widow, relict, and residuary lega- tee of J. N., late of , esq., deceased, sendeth greeting : WHEREAS, the said J. N., in and by his last will and testament, duly signed, sealed, published, and declared in my presence, and with my approbation, bearing date , did settle and secure unto and upon me, the said M. N., an annuity of , to be paid unto me half-yearly, by equal payments, in lieu and full satisfac- tion of the dower or thirds at common law, which T might other- wise have, claim, or be entitled unto, out of all and every the lands, tenements, and hereditaments whatsoever of my said late husband, deceased, or of, in, to, or out of the reversion or remainder, rents, issues, and profits thereof: Now. know ye, that I, the said M. N., for and in consideration of the said annuity so secured to me aa aforesaid, and in pursuance and part performance of the said last will and testament of my said late husband, do hereby declare my- self fully satisfied and contented therewith, and do hereby remise, release, and forever quit-claim unto T. II., of , and T. F., of , trustees, appointed in and by the said last will and testa- ment of my said late husband, (in their actual possession and seizin now being,) their executors, &c., all, and all manner of dower, &c., &c. In witness, &c., [as in General Release of all Demands 1 Eelease of a Trust. To all, &c., A. B., &c., sendeth greeting : WHEREAS, by indenture, bearing date , made between, &c.. [here recite the deed,} in which said indenture the said A. B. doth hereby declare that his name was only used in trust, for the benefit Lnd behoof of C. D., of : Now, know ye, that I, the said A. B., ia discharge of the trust reposed in me, at the request of the eaid C D., have remised, released, and surrendered, assigned, and set over, and by these presents, for me, my executors and adminis- trators, do freely and absolutely remise, &c., unto the said C. D., bis executors, &c., all the estate, right, title, interest, use, benefit, privilege, and demand whatsoever, which I, the said A. B., have or may have, or claim, of or to the said premises, or of and in any sum of money, or other matter or thing whatsoever, in the said in- denture contained, mentioned, and expressed ; so that neither I, kUe ^ LANDLORD AND TENANT. 12$ said A. B., my executors or administrators, or any of us, at any time hereafter, shall or will ask, claim, challenge, or demand, any interest, &c., or other thing, in any manner whatsoever, by reason or means of the said indentuie or any covenant therein contained, but thereof and therefrom, and from all actions, suits, and de- mands, which I, my executors, administrators, or assigns, may have concerning the same, shall be utterly excluded and forever ebarred by these presents. In witness, &c v [as in General Release of all Demands.] LANDLORD AND TENANT. A CONTRACT from a landlord, empowering a tenant to take pos- session, for a stated period, of certain property, at a stipulated rental, is called a lease or demise. It may be for a month, a quarter, one year, a term of years, for life, or at the will of either of the parties. Leases for less than a year require no written agreement if for a longer period, thy must be in writing ; if for life, they must be written, signed, sealed, and witnessed, like any other important instrument. No particular form is needed any instrument that conveys the property in a plain, common-sense manner, to the tenant, at a stipu- lated rent, payable monthly, quarterly, or send-annually, as the parties may agree, is all that i$ required. Where no agreement can be shown in writing for more than a year, the tenant only holds the property from year to year at the discretion of the landlord. When a person enters into possession of a property without an agreement in regard to -time, it is generally held that he is a tenant from year to year. A tenant is responsible for taxes only when it is so stated in the lease. Verbal promises are of no effect. A lease must speak for itself. A lease must be delivered to the parties for whom it is intended. If it should fall into the hands of a party accidentally, without the other intending it, it would be invalid. A lease, if for a valuable property, should be acknowledged before a Commissioner of Deeds, which does away with the difficulty frequently attending witnesses; who very often cannot be found when wanted : whereas LANDLORD AND TEKANT. 4 an authenticated document can be read in evidence without furthet proof. A lease of thrso years or more should be recorded in the county where the property lies, to protect purchasers of real eetato, against secret or fraudulent conveyances. Unless there is a provision in the lease forbidding it, the tenant has a right to underlet as much of the property as he pleases, so long as his lease runs. A mere tenant at will, however, cannot underlet A married woman cannot make a lease even of her own prop- erty ; for her husband has sole control over her estate during his life, and he alone can demise it. Such leases are binding on her, however, only during the life of her husband. A minor cannot make a lease for which he can be held on reach- ing his majority j it will bind the lessee, however, until the minor sees fit to release him. But if he receives the rent after his twenty- first year, he thereby ratifies the lease, and becomes bound for its provisions. A guardian can give no lease that shall extend be- yond the majority of his ward. A minor can become a lessee, but he is privileged to give it up when so disposed ; he can hold the landlord, however, if he so desires. A married woman cannot lease property ; yet. if she occupies a house, her husband will bo liable to the landlord for the rent. Where there are no writings the tenancy commences from the day the tenant takes possession. Where there are writings, and the time for the commencement of the tenancy is not stated, it will be considered as having begun at the time the writings were de- livered. A lease for a term of years, without mentioning the number, is good only for two years. When a landlord consents to receive a substitute, the first ten- ant is released. A new lease invalidates a former one. A lease by a mortgager is good only so long as the mortgagee ro- Trains from foreclosing the mortgage. When a landlord executes a lease on verbal misrepresentation, the tenant can recover a deductian from the rent fir the fraud LANDLORD AND TENANT. 131 A lease for a farm will be invalid at the end of twelve years, if any rent or service of any kind is reserved. A tenancy at will may be terminated in the eastern states by giving the tenant three months' notice in writing ; in the middle and southern states by six months ; in the western states by one month. A tenant is also free to notify the landlord of his intention to quit the premises; if he fail to relinquish possession at the time men- tioned in his notice he will be liable for double rent. Where occupancy is for a short period a week-, for instance, a month, or a quarter the length of the notice to quit must ba regulated by the letting ; as a week's notice for a week's letting and a month's notice for a month's letting. A landlord can no longer distress for rent in New-York, the law authorizing it having been abolished. When the right of re-entry is reserved, such re-entry may be made at any time after default in the payment of the rent, by previously giving the tenant, or his legal representatives, fifteen days' notice to that effect. A tenant or under tenaat may be removed by an order from any Judge of the county courts or by any Justice of the Peace of the town or city in which the premises are situated. Rent may be collected by action, after the summary removal of the tenant Agreement for a Lease. THIS agreement, made this day of , in the year eighteen hundred and sixty, between A. B. of , and C. P., of said city, merchant, witnesseth, That A. B. agrees, by indenture, to be executed on or before the day of next, to demise and lot to the said G. D., a certain house and lot in said city, now or late in the occupation of E. F., known as No. , in street, to hold to the said C. D., his executors, administrators, and assigns, from the day of , aforesaid, for and during the term of three years, at or under the clear yearly rent of dollars, pay- able quarterly, clear of all taxes arid deductions except tho ground rent. In which lease there shall be contained covenants on the part of the said C. D., his executors, administrators, and assigns, to pay tho rent, (except in case tho premises are destroved by fire, the ront is to cease until they are rebuilt by he said A. B.,} and to pay all taxes and assessments, (except the ground rent ;) to repair tho premises, (except damages by fire;) not to carry on 132 LANDLORD AND TENANT. any offensive business on the same, (except by written permission of the said A. B. ;) to deliver the same up at the end of the term, in ood repair, ^except damages by fire, aforesaid :) with all other usual and reasonable covenants, and a proviso for the re-entry of the said C. D., his heirs and assigns, in case of the non-payment ot the rent for the space of fifteen days after either of the said rent- days, or the non-performance of any of the covenants. And there shall also be contained covenants on the part of the said A. B., his heirs and assigns, for quiet enjoyment ; to renew said lease at the expiration of said term, for a further period of twenty-one years at the same rent, on the said C. D., his executors, administrators, or assigns, paying the said A. B., his executors, administrators, or assigns, the sum of five hundred dollars, as a premium for such renewal and that in case of an accidental fire, at any time during the term, the said A. B. will forthwith proceed to put the prem- ises in as good repair as before such fire, the rent in the meantime to cease. And the said C. D. hereby agrees to accept such lease on the terms aforesaid. And it is mutually agreed, that the cost of this agreement, and of making and recording said lease, and a counterpart thereof, shall be borne by the said parties equally. As witness our hands and seals, the day and year first above written. fn presence of A. B. [L. s.] J. S. C. D. [L. s.] Landlord's Agreement of Lease. THIS is to certify, that I have, this day of , i860, let and rented unto Mr. C. D., my house and lot, known as No. , in street, in the city of , with the appurtenances, and the eole and uninterrupted use and occupation thereof, for one year, to commence the day of next, at the yearly rent of dollars, payable quarterly, on the usual quarter-days ; rent to cease in case the premises are destroyed by fire. A. B Tenant's Agreement, THIS is to certify, that I have hired and taken from Mr. A. B., his house and lot, known as No. , in street, in the city of , with the appurtenances, for the term of one year, to com- mence the first day of next, at the yearly rent of dollars, payable quarterly on the usual quarter-days. And I do hereby promise to make punctual payment of the rent in manner aforesaid, except in case the premises become untenantable from fire or any other cause, when the rent is to cease ; and do further promise to quit and surrender the premises, at tho expiration of LANDLORD AND TENANT. 133 the term, in as good state and condition as reasonable uso and wear thereof will permit, damages by the elements excepted. Given under my hand and seal, the day of , I860. In presence of C. IX [L. s.] J. S. Security for Rent. IN consideration of the letting of the premises above described, and for the sum of one dollar, I do hereby become surety for the punctual payment of the rent, and performance of the covenants in tne above written agreement mentioned, to be paid and per- formed by C. D., as therein specified aad excepted ; and if any de- fault shall be made therein, I do hereby promise and agree to pay unto Mr. A. B., such sum or sums of money as will be sufficient to make up such deficiency, and fully satisfy the conditions of the said agreement, without requiring any notice of non-payment or proof of demand being made. Given, &c. ? [as in Tenant's Agreement.] Tenant's Agreement for a House, embracing a Mortgage of his Chattels. THIS is to certify, that I, A. B., have hired and taken from C. D., tlie premises known as No. , in street, in the city of New York, for the term of one year from the first day of May next, at the yearly rent of four hundred dollars, payable quar- terly. And I hereby promise to make punctual payment of the rent in manner aforesaid, and quit and surrender the premises at tiie expiration of said term, in as good state and condition as reasonable use and wear thereof will permit, damages by the ele- ments excepted ; and engage not to let or underlet the whole or any part of the said premises, or occupy the same for any business deemed extra-hazardous on account of fire, without the written consent of the landlord, under the penalty of forfeiture and dam- ages. And I do hereby mortgage and pledge all the personal property, of what kind soever, which I shall at any time have on said premises, and whether exempt by law from distress for rent 01 d?.ie under execution, or not, to the faithful performance of these covenants, hereby authorizing the said C. D., or his assigns, to iistrain upon and sell the same, in case of any failure ot, my part to perform the said covenants, or any or either of thorn. Given, &c., [as in Tenant's Agreemcnt.\ 134 IANDLORD AND TENANT. Landlord's Agreement. THIS is to certify, that I, C. D., have let and rented unto A. R the premises known as No. , in street, in the city of New York, for the term of one year from the first day of May next, at the yearly rent of four hundred dollars, payable quarterly. The premises are -not to be used or occupied for any business deemed extra-hazardous on account of fire, nor shall the same, or any part thereof, be let or underlet, except with the consent of the land- lord in writing, under the penalty of forfeiture and damages Given, &c., [as in Tenant's Agreement.] Agreement for Part of a House. MEMORANDUM of an agreement entered into, the day of -, 1860, by and between A. B., of , and C. D., of, &c., whereby the said A. B. agrees to let, and the said C. D. agrees to take tho rooms or apartments following, that is to say : an entire first floor, and one room in the attic story or garret, and a back kitchen and cellar opposite, with the use of the yard for drying linen, or beat- ing carpets or clothes, being part of a house and premises in which the said A. B. now resides, situate and being in No. , in street, in the city of , to have and to hold the said rooms and apartments, and the use of the said yard as aforesaid, for and dur ing the term of half a year, to commence from the day of , instant, at and for the yearly rent of dollars, lawful money of the United States, payable monthly, by even and equal portions, the first payment to be made on the day of next ensuing the date thereof; and it is further agreed that, at the ex- piration of the said term of half a year, the said C. D. may hold, occupy, and enjoy the said rooms or apartments, and have the uso of the said yard as aforesaid, from month to month, for so long a time as the said C. D. and A. B. may and shall agree, at the rent above specified j and that each party be at liberty to quit pos- session on giving the other a month's notice in writing. And it is also further agreed, that when the said C. D. shall quit the premi- ses, he shall leave them in as good condition and repair as they shall be in on his taking possession thereof, reasonable wear excepted. Witness, &c., [as in Agreement for a Lease.] Lease of a House for Five Years, THIS Indenture, made the first day of April, one thousand eight hundred and sixty, between A. B. of the city of New-York, mer- chant, of the first part, and C D of said city, bookseller, of the LANDLORD AND TENANT. 135 second part, wu-nesseth. That the said party of the first part hath let, and by these presents doth grant, demise, and let, unto the said party of the second part, his executors, administrators and assigns, all that brick house, messuage, or tenement, with all and singular its appurtenances, situate in the ninth ward of the said city of New-York, and known as No. ; in street, in said city, to have and to nold the said premises, with the appurtenances, unto the said C. D., his executors, administrators and assigns," for the term of five years from the first day of , one thousand eight hundred and sixty, at the yearly rent of six hundred dollars, to be paid in equal quarter-yearly payments, as long as the said premises are in good tenantable condition. And the said party of the sec- ond part doth hereby covenant to pay to the said party of the first part the said yearly rent, as herein specified, save and except, at all times during the said term, such proportional part of the said yearly rent as shall grovr due during such time as the house shall, without the hindrance of the said party of the second part, be and remain untenantable, by reason of accidental fire. And that the said C. D., his executors, administrators and assigns, shall and will, during the said term, at his own proper costs and charges, well and sufficiently keep in repair the said demised premises, with their appurtenances, when and as often as the same shall require, dam- ages by fire only excepted. 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 fire only excepted. And also, that he, the said party of the second part, his executors, administrators and assigns, shall and will, during the said term, pay and discharge all taxes, assessments, and other charges which shall be taxed ; assessed or charged upon the said premises, or any part thereof. 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, without any interruption or mo- lestation of the said party of the first part, his heirs, or any other person whatever, claiming or to claim, by, from, or under him or them, or any of them. And also, that in case the said premises shall, at any time during the said term, be destroyed or injured by an accidental fire, the said party of the first part, his executors, administrators or assigns, shall and will forthwith proceed to re- build or repair the said promises, in as good condition as tho same were before such fire ; and that, until such repairs arc mado and completed, the said rent shall cease. Given, &c. ; [as in Tenant's Agreement.] 136 LANDLORD AND TENANT. Agreement for granting a Farming Lease. THIS agreement, made this - day of , in the year N -, between A. B. of , of the one part, and C. D. of , of: the other part, witnesseth; That the said A. B. shall, on or before the first day of next, make and execute unto the said C. P , his executors, administrators and assigns, a valid lease of all thatmcs euage, piece, or parcel of land, situate, &c., with the appurtenan. ces ^hereunto belonging, for the term of years, from the lira* day of , at the yearly rent of dollars, payable half yearly, clear of all deductions for taxes, or on any other accouni whatever j the first payment of said rent to be made on the firsl day of next ; and at and under the further yearly rent of live dollars for every acre, and so in proportion for a less quantity, of meadow or pasture ground, which shall be plowed or convened into tillage, contrary to a covenant to be contained in said lease, as hereinafter directed; the first payment of said last-mentioned rent to be made on the first half-yearly day after such conversion into tillage, as aforesaid. And in the said lease there shall be con-^ tained covenants on the part of the said C. D., his executors, ad- ministrators and assigns, to pay the aforesaid rents, and to pay all taxes and assessments ; for doing all manner of repairs to the budd- ings, hedges, ditches, rail and other fences (the said A* B. provid- ing upon the premises, or within two miles thereof, rough timber, bricks, tiles and lime, for the doing thereof, to be conveyed by the said C. D., his executors, administrators or assigns ;) for permission for the said A. B., his heirs or assigns, at all reasonable timeb, to view the state of the premises ; that the said C. D., his executors or administrators, shall not carry off from the farm any hay, str.w, or other fodder, and that the said C. D., his executors, administra- tors or assigns, shall spread on some part of the said lands, in a husband-like manner, all the manure and compost which snail arise from the said farm, and shall, in all respects, cultivate the same in a husband-like manner, and according to the usual co^_.se of husbandry practised in the neighborhood, and shall leave all the manure and compost of the last year, for the use of the landlord or succeeding tenants. That the said C, D., his executors, adminis- trators or assigns, shall not cut or flash any of the quick hedge un- der three years' growth, and shall cut and flash those at season- able times in the year, and at the time of doing thereof shall cleanse the ditches adjoining thereto, and guard and preserve vhe hedges, which shall be so cut and flashed as aforesaid, from destruc- tion or injury by cattle, and shall also, at all times, guard and p^e- eerve all young hedges and young trees from the like destruction and injury. That the said C. D., his executors, administrators or assigns, shall, in the summer immediately preceding the determi- nation of the said term, to be granted as aforesaid, prepare for in a husband-like manner, such parfc of ths land as shall bd LANDLORD AND TENANT. 137 in a course nf fallow, and fit to be sown with a crop the ensuing season, and lay down with clover-seed and rye-grass twenty acres of the arable land which shall be then in tillage, sowing upon each acre thereof ten pounds of the best clovor-seed and one bushel of the best rye-grasu seed. And in the said lease there shall be con- tained a proviso for re-entry by the said A. B., his heirs or assigns, in case of the non-payment of rent for the space of twenty days, or non-performance of the covenants. And there shall be con- tained covenants on the part of the said A. B., his heirs and as- Bigns, for quiet enjoyment. That the said A. B., his heirs and assigns, shall permit the said C. D., his executors, administrators or assigns, to have the use of the great barn, the stable for four horsea adjoining, and the stack-yard and farm-yard, until one month after the expiration or determination of the said term, for the conveni- ence of threshing out the last year's crops of corn and grain, and feeding his or their cattle with the straw and fodder, so that the same may be made into manure, to be left on the said premises, as aforesaid ; and also some convenient room in the farm-house for his or their servants to lodge and diet in, until the time aforesaAd, without any recompense being made for the same respectively. In witness, &c., [as in Agreement for a Lease.\ Notice to Quit, by Landlord. PLEASE to take notice, that you are hereby required to surrendei and deliver up possession of the house and lot known as No. in street, in the city of >, which you now hold of me ; .and to remove therefrom on the first day of next, pursuant to the provisions of the statute relating to the rights and duties of land- lord and tenant. Dated this day of . I860. To Mr. C. D. A. B., landlord. Notice to Quit, by Tenant. PLEASE to take notice, that on the first day of May next, I shall quit possession and remove from the premises I now occupy, known as house and lot No. , in street, in the city of . Dated this day of -, 1860. To Mr. A. B. Yours, &c., C. D. The like where the Commencement of the Tenancy is un- certain. MR. C. D. I hereby give you notice to quit, and deliver up, on the day of next, the possession of the messuage or dwel- ling-house, [or, rooms aud apartments, or, farm lands and prerai 138 LANDLORD AND TENANT. BOB,] with the appurtenances, which you now hold of mo, situate in the of , in the county of , provided your tenancy originally commenced at that time of the year ; or otherwise, that you quit and deliver up the possession of the said messuage, &c., at the end 3f the year of your tenancy which shall expire next af*;er the end of one half-year from the time of your being served with this notice. Dated, &c., [as in notice to Quit, by Landlord.] Notice to the Tenant either to quit the premises or to pay double value. SIE : I hereby give you notice to qui, and yield up, on the day of next, possession of the messuage, lands, tenements, and Hereditaments, which you now hold of me, situate at , in the parish of , and county of , in failure whereof I shall re- quire and insist upon double the value of the said premises, ac- cording to the statute in such case made and provided. Dated, &c., [as in notice to Quit, by Landlord.] Oath of Holding Over. CITY CF , 55. A. B., of said city, merchant, being duly sworn, doth depose and say, that on or about the day of -, the deponent rented unto C. D., of said city, printer, the house and lot known as No. , in street, in said city, for the term of one year from the first day of May then next, which said term has expired, and that the said C. D., or his assigns, holds over and continues in the possession of the said premises, without the permission of this deponent. Sworn before me, this day of A. B- 0. P., Commissioner of Deeds. Summons to Remove, To C. D., of the city of . printer, or any other person claim ing possession of the premises hereinafter* mentioned : WHEREAS A. P., of said city, merchant, has made o^th, and pro- sented the same to me, that on or about the day of he rented unto you, the said C. D., the house and lot known as No. , in street, in the said city of New York, for the term of one year from the first day of May then next ensuing, and that you, or your assigns, hold over and continue in possession oi' the aid premises, after the expiration of your term therein, without LANDLORD AND TENANT. 1&9 the permission of the landlord : Therefore, in the name of the people of the State of , you are hereby summoned and re- quired forthwith to remove from *he said premises, or show cause before me, at my office in the said city, on the day of , at three o'clock in the afternoon, why possession of the said premises should not be delivered to the landlord. Witness my hand, the day of . M. N.j one of the Judges of Court of Common Pleas. Affidavit of the Service of the Summons. COUNTY, ss. . WILLIAM GRANT, of the city of , in said county, beina eworn, saith, that on the day of , instant, he served the annexed summons upon C. D., the tenant therein named, by delivering to him personally a true copy thereof, at the same time showing him the original. Warrant to put in Possession. To any one of the Constables or Marshals of the city of - s greeting : WHEREAS, A. B., of the city of , has made oath, and pre- evented the same to me, that on or about the day of , he rented unto C. D., of said city, printer, the house and lot known as No. , in street, in said city, for the term of one year from the first day of then next, and that he (or, his assigns) holds over and continues iu possession of the same, after the ex- piration of his term therein, without the permission of the land- lord ; whereupon I issued a summons, requiring the said tenant forthwith to remove from the said premises, or show cause before me, at a certain time now past, why the possession of the said premises should not be delivered to the landlord ; and no sufficient cause having been shown to the contrary, and I being satisfied, by due proof, of the service of the said summons, do, therefore, ir the name of the people of the State of , command you tc remove all persons from the said premises, and put the landlord in full possession thereof. M. N. Witness, &c., [as in Summons to Remove.] Warrant to dispossess a Tenant for non-payment of Rent To any one of the Constables of the County of , greeting : Wild REAS, hath made oath before me that -was justly 140 LANDLORD AND TBMAK& indebted uuto him in the sum of dollars, for rent of a house and lot belonging to the said , and situate in the village of , in said county of , and in which the said now re- sides ; that he had demanded the said rent or possession of tho premises in duo form of law, from the said , who hath made default in the payment thereof pursuant to the agreement under which the premises were let; and that he holds overland contin- ues in possession of the same without the permission of tho landlord, after default in the payment of the rent as aforesaid ; and that satisfaction of the said rent could not be obtained by dis- tress of any goods : Whereupon I issued a summons, requiring the tenant to remove from said premises, or to show cause before me, at a certain time now past, why the landlord should not be put in possession of the said premises ; and due proof of the service of said summons having been made to me, and no good cause against the said landlord's application having been shown, or in any way appearing: Therefore the people of the State of command you to remove all persons from the said premises, and put the said in full possession thereof. In witness, &c., [as in Summons to Remove.] Affidavit of the Tenant. * DENYING SOME MATERIAL FACT STATED IN THE AFFIDAVIT MAP* JBY THE LANDLORD. COUNTY, ss. , of , in said county, being sworn, saith : That he doth not owe to the said the sum of dollars, for the rent of tho house and lot occupied by this deponent, in the village of , as is alleged by the said , in an affidavit lately made before S. T., Esq., one of the Judges of county Common Pleas, and on which proceedings have been had before the said S. T., to remove this deponent from the possession of said premises. Sworn, &c., [as in Oath, of Holding Over.] Order to Summon a Jury when the Tenant makes Defence. COUNTY, ss. To the Sheriff or any Constable of said county, greeting: WHEREAS I, the undersigned, a judge of the county courts of said county, in order to form a jury to try certain matters in con- troversy between , landlord, and , tenant, have, in due form of law, nominated A., B., C., D., E., F., &c., [naming them,] eighteen reputable persons, qualified to serve as jurors in tho courts of record : You are, therefore, hereby commanded, in the name of tbo people of the State of , to summon the above-nanr J per- sons, so nominated, to appear before me at my office in thw village LANDLORD AND TENANT. 143 of , on the : day of , to try the said matters in differ ence between the said parties. Witness, &c., [as in Summons to Remove.] Snbposn to appear and testify. COUNTY, ss. THE people of the State of , to : You, and each of yon, are hereby commanded and required to appear before me, one of the judges of the county courts of the said county, at my office in the village of , on the day of , to testify before mo, (or, before a jury,) touching the matters in controversy between , landlord, and , tenant, relative to the summary removal of such tenant from the premises of the said , on the part of the said . And hereof fail not at your peril. Witness, &c., [as in Summons to Remove.} Warrant to Dispossess the Tenant after Verdict against Mm. To any of the constables of tbs county of , greeting : WHEREAS, hath made oath before me, that was justly indebted unto him in the sum of dollars, for rent of a nouse and lot belonging to the said , and situate in the village of , in said county of ,. and in which the said now resides : that he had demanded the said rent or possession of the premises, in due form of law, from the said , who hath made default in the payment thereof, pursuant to the agreement under which the premises were let ; and that he holds over and continues in possession of the same, without the permission of the landlord, after the default in the payment of the rent, as aforesaid ; and that satisfaction of the said rent could not be obtained by dis- tress of any goods : Whereupon I issued a summons, requiring the tenant to remove from said premises, or to show cause before me, at a certain time now past, why the landlord should not be put in possession of the said premises. And whereas, on (or, before) tho time appointed in such summons, the said , being in posses- sion (or, claiming possession) of said premises, having filed an aifi- iavit with me, the undersigned, who issued said summons, denying the facts (or, some, or, one of the facts,) upon which said summons was issued: And a jury having been regularly nominated, sum- moned, balloted for and sworn, in pursuance of the directions of tha statute in such case made and provided, to determine the mat- ters controverted between the said parties ; and the said jury, after hearing the proofs and allegations of the parties, and being kept together by a proper officer, duly sworn, until they were agreed on their verdict, having found a verdict in favor of the said * Now, therefore, tho people of the State of command you to 142 IJLNDLORD AND TENANTS remove all persons from the said premises, and jjut the said in full possession thereof. Iii witness, &c., [as in Summons to Remove.] Affidavit of a Landlord to turn out a Tenant who has taken the Benefit of the Insolvent Act. COUNTY, ss. A. B., of , in said county, being sworn, saith : That on or about the first day of May, in the year , this deponent let and demised unto J. D., the house and lot belonging to the said A. B., in the town of , in the said county, in which the said J. D. now resides, for the term of two years, at the yearly rent of one hundred dollars. And this deponent further saith, That since the letting of said premises by this deponent to the said J. D., and on or about the day of last, the said J. D. took the benefit of the insolvent act, and was discharged from his debts by D. V. N. R., a Supreme Court Commissioner in the said county, in pursuance of the 3d article of title 1 of chapter 5 of part 2 of the lie vised Statutes, [or as the case may be.] Sworn, &c., [as in Oath of Holding Over.\ Complaint for Forcible Entry, etc. COUNTY, ss. THE complaint of D. S., of , in said county, to J. J., one of the Judges of the County Courts of said county, showeth : That J. D., of aforesaid, on the day of , in the year , at the town of , in the county of aforesaid, did unlawfully make a forcible entry into the lands and possessions of this complainant, to wit, the dwelling-house and appurtenances of this complainant, there situate, bounded, &c., [insert boundaries;] And then and there, with strong hand and with multitude of people, did violently, for- cibly, and unlawfully eject and expel the complainant from his said lands and possessions, wherein this complainant had at the time aforesaid an estate of freehold, [or other estate as the case may be,] then and still subsisting. And that the said J. D. still doth hold and detain the said lands and possessions from the said D. S. unlawfully, forcibly, and with strong hand against the form of the Btatute in such case made and provided. Witness, &c., [as in Notice to Quit by Landlord.\ Affidavit to accompany the Complaint COUNTY, ss. D. S. teeing duly sworn, saith : That J. D. 5 of , in said county, on the day of , in the year , at the town and in the LANDLORD AND TENANT. 143 county aforesaid, did unlawfully make a forcible entry into this de- ponent's dwelling-house^ situate in said town, bounded, &c., [insert description,] and then and there, with strong hand and with multi- tude of people, did violently, forcibly, and unlawfully eject and ex- pel this deponent from his said dwelling-house, and doth still unlaw- ruHy, forcibly, and with strong hand, detain and hold the said dwelling-house, and the possession thereof, from this deponent. And this deponent further saith, That he had an estate of freehold in the said dwelling-house at the time of the said forcible entry and detainer, which then was and still is subsisting. Sworn, &c., [as in Oath of Holding Over.] . Order to Summon the Jury of Inquiry. COUNTY, ss. To the Sheriff or any Constable of the county of . In the name of the People of the State of , you are hereby commanded to cause to come before me, at the house of , ia the town of in said county, on the day of , instant, twenty-four good and lawful inhabitants of the said county, duly qualified by law to serve as jurors, to inquire upon their oaths for the said People, of certain forcible entry and detainer unlawfully made by J. D., as is said, into the dwelling-house of one D. S., in the town of , in said county, against the form of the statute in such case made and provided. And have you then there this order In witness, &c., [as in Summons to Remove.] Notice to the Person Complained of. To . On the complaint of D. S., of the town of , in the couvty of , made to me, the undersigned, one of the Judges of the Boun- ty Courts of said county, That you did unlawfully make a forcible entry into the dwelling-house of the said D. S., situate in said town, and bounded, [insert^ description,] and then and there, with esrong hand and with multitude of people, did violently, forcibly, aird un- lawfully eject and expel the said D. S. from his said dwelling- house, and do still unlawfully, forcibly, and with strong hand, de- tain and hold the said dwelling-house, and the possession thereof from the said D. S. : I have this day issued my precept, directed to the Sheriff or any Constable of said county, commanding him to cause to come before me, at the house of , in the town of , in said county, on the day of , instant, twenty-four #ood and lawful inhabitants of the said county, duly qualified by lf*w to serve assurors, to inquire upon their oaths of the said forcible ou- try and detainer. Of all which you are hereby notified. Witness. &c.. fas in Summons fo Remove.] 144 LANDLORD AND TENANT. Affidavit of Service of preceding Notice. COUNTY, 55. 0. P. being sworn, saith : That on the day of , instnnt, he served a notice, of which the annexed is a copy, on J. D., by do- livering the same to him personally (or, by delivering the same on the premises in question to A. D., the son of said J. D. of the age of twenty years and upwards, because the said S. D. could not bo found ; o>, by affixing the same on the front door of the house in question, there being no person on the premises or, by affixing the same on a post at the principal entrance of said premises, being a public and suitable place, there being no house or person on said premises.) Sworn, &c., [as in Oath of Holding Over.] Juror's Oath. You, and each of you, do swear, That you will well and truly in- }uire into the matters complained of by David Smith, against ohn Doc, concerning an alleged forcible entry and detainer of lands and possessions, and a true inquisition thereof will make. So help you God. Inquisition of the Jury of Inquiry. COUNTY, AN inquisition taken at the house of , in the town of in the county of , on the day of , in the year , bj the oaths and affirmations of P. Q., &o., [here insert the names of tht jurors sworn or by ivhom the inquisition is signed,] inhabitants oi said county, duly qualified to serve as jurors, before J. J. Esq.. one of the judges of the county courts of said county, who say upon their oaths and affirmations aforesaid, That D. S., of the town of, aforesaid, merchant, long since had an estate of freehold in the dwelling-house, with the appurtenances, situated in the town of aforesaid, and bounded, &c.; and that the said D, S. was long since lawfully and peaceably possessed thereof; and that his said estate and possession so subsisted and continued until J. D., of the same place, blacksmith, and other persons unknown, on tho day of , &c., with strong hand, and with multitude of peo- ple, did forcibly and unlawfully enter into the said land and prem- ises, and expel him, the said D. S., therefrom. And him, the said D. S., so expelled from the said dwelling-house, with the appurte- nances aforesaid, from the said day of , &c., until tho day of the taking of this inquisition, with like strong hand unlaw- fully and forcibly did keep out, and doth yet keep out to the great disturbance of the peace of the people of the State of , and con- LANDLORD AND TENANT. 145 trary to the form of the statute in such case made , and that tho said estate of the said D. S. still subsists therein. And we, the jurors aforesaid, whose names are hereto get, dc, on the evidence produced before us, find the inquisttion aforesaid true. [To be signed by the jurors.] Traverse. J. D., adsm. THE PEOPLE. ON THE COMPLAINT OF D. S. AND afterwards, on the day of , in the year , be- fore the said J. J., one of the judges of the county courts of said county of , came the said J. D., in his proper person, and hav- ing heard the said inquisition read, says, That he is not guilty of any of the matters set forth therein, and of this he puts himself upon the country, &c. Or, having heard the said inquisition read, says, That he, the said J. D., or his ancestors, or those whose estate he has in sail lands, have been in quiet possession thereof for three whole years next before the said inquisition was found, and that his interest therein is not ended nor determined, and of this he puts himself upon the country, &c. Venire for Petit Jury. COUNTY, ss. To the Sheriff or any Constable of said county, greeting . THE People of tho State of command you to summon per- sonally twelve good and lawful men of the town of in said county, duly qualified to serve as jurorg, and not exempt from serv- ing on juries in courts of Record, and in no wise of kin to D, S. or to J. D., to come before J. J., one of the judges of the county courts cf said county, at the house of , in the town of aforesaid, on the day of instant, to make a jury of tho country, upon their oaths to try a certain traverse of an inquisi. tion found upon the complaint of D. S., and now pending before the said J. J., against J. D., of said county, blacksmith, for a certain forcible and unlawful entry made by the said J. D. with strong hand, into the dwelling-house of the said D. S. ( in the town of ,in said county, and for the forcible and unlawful detainer" thereof, against the form of the statute in such case made and pro- vided ; and that you make a list of the persons summoned, certify and annex the same to this precept, and make return hereof to me. Witness, &c. [as in Summons to remove.} 146 DEBTOR AND CREDITOR. Juror's Oath upon the Traverse. You, and eacb of you, do swear, That you will well and truly near, try, and determine this issue of traverse, between the people of the State of , and J. D., the defendant. So help you God. Warrant to the Sheriff or Constable to make Restitution . COUNTY, ss. The People of the State of New-York, to the Sheriff or any Con- stable of the said county, greeting : WHEREAS D. S., of in said county, did, on the day of last, make complaint to the undersigned J. J., one of the judges of the county courts of said county, that John Doe, of aforesaid, on the day of , &c., [reciting the complaint to the word "provided" at the end.] You are therefore hereby commanded to go to the said premises, taking with you the power of the county, if necessary, and to cause the said D. S. to be restored and put into the full possession of the said dwelling-house and premises, according to his estate and right therein before the said entry, in pursuance of the statute in such case made and provided. And you are also commanded to levy the said sum of $ of the goods and chattels of the said John Doe (excepting such goods and chattels as are by law exempted from execution), and to bring the money before me within thirty days from the date hereof, to render to the said D. S. ; and if no goods or chattels can be found, or not sufficient to satisfy the said sum of money, you are commanded to take the body of the said John Doe, and convey him to the common jail of the said county, there to remain until the said sum of money, and your fees for collecting the same, shall be satisfied and paid. Witness, &c., [as in Summons to Remove.'] DEBTOR AND CREDITOR. EVERY insolvent may be legally released from his debts, upon executing an assignment of all his property to his creditors. The method of proceeding is as follows : 1st. He must present a petitioD {eee Petition of Insolvent Debtor), signed by himself and by so many of his creditors residing in the United States as have debts in good faith owing to them by such debtor, and amounting to two third8 of all his debts owing to creditors, to the Judge or Judges of the County Court in which he may reside ; the petition to be accom- panied by the affidavits of the debtor and petitioning credit^ '" nf> DEBTOR AND CREDITOR. 147 Forms] ; also, by a schedule, containing a full and correct account of all the debtor's creditors, the sums owing to ".ach, and what for, the placo where the debts accrued, the residence of each creditor, and the assets, real and personal, of the debtor, and the incum- brances thereon, and of all the books, vouchers, and eecuritiea relating thereto. 2d. The officer must notify the creditors, per- onally or by letter, of the petitioners appeal, and call upon them to show cause, if any, why he should not be released from his debts. Notice to this effect must be published in the State paper, and in the principal county paper, once in each week for six suc- cessive weeks, if all the creditors reside in the county ; and once a- week for ten weeks, if any them of reside one hundred miles from the county. 3. At the time of the hearing the officer hears the proofs and statements of the parties to the petition j if there is no opposition, he enters an order requiring the debtor to make an assignment. 4th. When the officer has received proof of such assignment, he grants the discharge, and the debtor is free. Credi- tors, however, if so disposed, may demand to have the case tried, like any other cause, before a jury. A discharge from his debts, in this manner, extinguishes all claims against him at the time of the assignment, including all bills and notes made before that date, although not yet due ; also, from all judgments and debts of every kind soever. Such petitions must be presented in the country to the County Judge ; in cities, to the Recorder, or to a Justice of the Supreme or Superior Courts. The officer to whom it is presented must re- side in the same county with the debtor ; in case no officer in the county is authorized to act in such matters, the petition may be presented to an officer in any other county ; the hearing, however, must, in all cases, take place in the county where the debtor resides. When fraud can be shown against the debtor, in collusion with certain creditors, wrongful interference with property once in the hands of the assignee, fraudulent preferences, or false statements., it will prevent him from obtaining the discharge. Experience has" shown that the easiest and cheapest method of obtaining a discharge, is by making a composition, for so many cents per dollar, with the creditors in person. ^ When a debtor is imprisoned for crime for any term less than his natural life, any creditor may petition for trustees to take charge of his estate. When he is released from prison, either bj 148 DEBTOR AND CREDITOH. tho expiration of his sentence or by pardon, the trudees must sur render to him all his money and property in their hands, after retaining their expenses and lawful commissions. Assignees or trustees of insolvent or imprisoned debtors may be appointed to till vacancies by the officer who appointed the origi- nals, or by his or their successors in office. All such appointments must be certified and filed in the office of the Clerk of the county. Form of Letter of Credit ROME. NEW-YORK. ) June 15, 1860. j MESSRS. BALL, BLACK & Co. Gentlemen : Please deliver to ANSON PHELPS, of this place, goods to any amount not exceeding /ve thousand dollars, and 1 will hold myself accountable to you for the payment of the Bame, in case Mr. PHELPS should fail to make pay- ment therefor. You will please to notify me of the amount for which you may give him credit ; and if default should be made in the payment, let me know it immediately. I am, gentlemen, your most ob't servant, EDWIN HART. Messrs. BALL, BLACK & Co., ) No. Broadway, New- York, j Letter of License to an Embarrassed Debtor. To all to whom these presents shall come, we, who have hereunto subscribed our names, and affixed our seals, creditors of I. B., of . send greeting : WHEREAS the said I. B., on the day of the date hereof, is indebted anto us, the several creditors hercimder named, in divers sums of money, which at present he is not able to pay and satisfy, without re- spite and time to be given him for payment thereof; know ye, there- fore, that we, the said several creditors, and each and every of us, at the particular request of the said I. B., have given and granted, and, by these our present letters, do give and grant unto the said I. B., full and free liberty, license, power, and authority, to go about, attend, follow, and negotiate any affairs, business, matters, or things whatsoever, or at any place or places ^whatsoever, with- out any let, suit, trouble, arrest, attachment, or any other impedi- ment to be offered or done unto the said I. B., his wares, goods, moneys, or other effects whatsoever, by us or any of us, or by tho heirs, executors, administrators, partners, or assigns of us, or by our, or any of our, means of procurement, to be sought, attempted; or procured to be done, for and during months nest, and -im- DEBTOR AND CREDITOK. mediately ensuing tho day of the date hereof. And further, we, the said creditors hereunder subscribed, do, and each of us doth, covenant and grant for ourselves, our heirs, executors, administra- tors, and assigns, respectively, and not jointly, or one for another, or for the heirs, executors, administrators, or assigns of each other, to and with the said I. B., that we. or any of us, our heirs, execu- tors, administrators, or assigns, or any of them, shall not, nor will, daring the time aforesaid, sue, arrest, attach, or prosecute the said I. B.,for, or on account of our respective debts, or any parfc thereof j and that, if any hurt, trouble, wrong, damage, or hin- derance be done unto the said I. B., either in body, goods or chat- te lf : y within the aforesaid term of next ensuing the date hereof^ by us or any of us the said creditors, or by any person or persons, by or through the procurement or consent of us, or any of us, contrary to the true intent and meaning of these presents, then the said I. B., by virtue hereof, shall be discharged and acquitted for- e\ cr, against such of us, the said creditors, his and their heirs, ex- ecutors, administrators, or assigns, by whom and by whose will, mruis or procurement, he shall be arrested, attached, imprisoned, grieved or damaged, of all manner of actions, suits, deeds, debts, charges, sum and sums of money, claims and demands whatsoever, from the beginning of the world to the day of the date hereof. In witness whereof we have hereunto set our hands and seals, this third day of April, one thousand eight hundred and sixty. Signed, sealed, and delivered ) J. L. [L. s.l in presence of C. K. [L. s.l J. S Letter of License and Composition with Creditors. To all people to whom these presents shall come, we, whose names and seals are hereunder set, creditors of A. B., &c., send greeting : WHEREAS the said A. B., at the day of the date of these presents, doth justly owe, and is indebted unto, the said several creditors hereunder written, in divers and several sums of money, but, by reason of many losses, he is unable to pay and satisfy us our full debts with such goods, chattels, wares and merchandise as he hath, wLIch we, the said creditors, are unwilling to accept of, or any way to intermeddle with ; and whereas, therefore, we, the said credit or have agreed to undergo a certain loss, and to accept of cents for every dollar owing by the said A. B. to us, the several and respective creditors whose names are hereunto subscribed, to bo paid in full satisfaction and discharge of our said several and respective debts: Now know ye. that we, the said creditors of said A. jB., do for ourselves severally and respectively, and for our several and respective execute TS, Ac., covenant, promise, compound, ao^ agree, to and with the said A. B., his executors and aaminis- tratois, and to and with every of them, by thesa presents, that we 150 DEBTOE AXD CREDITOB the said seyeral and respective creditors, and our several and re* epective, &c., shall and will accept, receive, and take from the said A. B., for each and every dollar that the said A. B. doth owe and is indebted unto us, the said several and respective creditors whose hands are hereunto set, the sum of cents ? in full discharge and satisfaction of the several debts and sums of money that the said A. B. doth owe and is indebted unto us, the said creditors, c., so that the said sum of cents to be paid for each and every dollar that the said A. B. doth owe and is indebted unto us, the said creditors, be paid to us, the said several creditors, or to our several and respective executors, administrators, or assigns, within the term or space of six months next after the date hereof. And we, the said several creditors, do severally and Respectively, for ourselves and our several and respectiv-e executors, administrators, and assigns, covenant, promise, and agree, to and with the &aid A. B. ; his heirs, &c., that he. the said A. B., his, c%c., shall and may from time to time, and at all times, within the said term and space of next ensuing the date hereof, assign, sell, or otherwise dispose of his said goods and chattels, wares and merchandise, at his own free will and pleasure, for and toward the payment and satisfaction of the said cents for each and every dollar that the said A. B. doth owe, and is indebted as aforesaid, unto us, the said creditors ] and that neither we, the said, &c., or any of us, or the executors, administrators, or assigns of us, or any or either of us, shall or will, at any time or times hereafter, sue, arrest, molest, trouble, imprison, attach, or condemn the said A B., or his goods and chattels, for any debt or other things no\* due and owing to us, or any of us, so that the said A. B. do well and truly pay, or cause to be paid, the said cents for every dollar he doth owe and is indebted to us, the saii, &c., in manner and form aforesaid. In witness, &c., [as in Letter of License to an Embarrassed Debtor.] Petition of Insolvent and Ms Creditors, under the Two Third Act To the Hon. J. P. II., County Judge of County: [or as tht case may be.] The petition of A. B., of the town [or city] of , an insolvent debtor, and others, whose names are hereunto subscribed, creditors of the said insolvent, residing within the United States, respect fully showeth : That the said insolvent, from many unfortunate cir- cumstances, has become insolvent, and utterly incompetent to the payment of his debts ; wherefore he, and your other petitioners, are desirous that the said insolvent's estate should be distributed among his creditors, in discharge of their debts, so far as the sania will extend; and for that purpose pray that all his estate, real and personal, may be assigned over and delivered up to J K. s of &Q DEBTOR AND CREDITOR. 151 and L. M.. of, &c., as assignees, appointed by the said creditors^ having debts in good faith owing to them by the said insolvent, now due, or hereafter to become due, and amounting to at least two thirds of all the debts owing by the said insolvent, to creditors residing within the United States : and further, that the said in- solvent may be discharged from his debts, agreeably to the direc- tion of the statute of the State of New- York, "concerning "Volun- tary assignments, made pursuant to the application of an insolvent ttui his creditors." Dated the day of ,18 A. B E. F., $ [Insert the Amount due te G. H., $ < each creditor, opposite the s/g A. T. & Co., $ ( nature.] Affidavit of Residence of Petitioner; I., C. D., do swear, that A. B., in the annexed petition named, is an inhabitant actually residing within the county of , and State of New-York. " C. D. Sworn to before me, the day i of ,18-. J J. P. H., County Judge, [or any officer authorized to take affidavit* to be read in a court of record.] Affidavit of Creditor. STATE OF NEW-YORK, COUNTY, ss. E. F., of the said county, one of the petitioning creditors of A. B., an Insolvent debtor, being duly sworn, doth depose and say, That the sum of dollars, lawful money of the United States, being the sum annexed to the name of this deponent, subscribed to the petition, is justly due to him from the said insolvent, on ac- count, for [or } on a promissory note given for] goods, wares, and merchandise, sold and delivered by him to the said insolvent ; [or, as the case may be : stating the nature of the demand whether on written security or otherwise and the general ground and con federation of the indebtedness ;] and that neither he, nor any per- son to his use, hath received from the said insolvent, or any other person, payment of any demand, or any part thereof, in money, or in any way whatever, or any gift or reward whatsoever, upon any express or implied trust or confidence that he should become a petitioner for the said insolvent. B. F. Sworn, &c., [as in Affidavit of Residence of Petitioner.] 152 DEBTOR AND CREDITOR Affidavit of one of a Firm, who are Creditors. STATI-: OF NEW-YORK, COUNTY, ss. A. T., oi the said county, partner of the firm or co-partnership of A. T. & Co., who, as one of the co-partners, and in their behalf, hath subscribed to the petition in the name or firm of their said co-partnership, as petitioning creditors of A. B., an insolvent debtor, being duly sworn, doth depose and say, That the sum JP dollars, lawful money of the United States, being the sum annexed to the name of the said co-partnership subscribed to tho petition, is justly due to them from the said insolvent, for [state the nature of the demand, whether owing on written security, or otherwise, with the general ground and consideration of the in- debtedness :] and that neither he, nor any person to his or their use, hath received from the said insolvent, or any other pergC-l, payment of any part thereof, in money, or in any other way what- ever, or any gift or reward whatsoever, upon any express or im- plied trust or confidence that he or they should become a petitioner or petitioners for the said insolvent. Sworn, &c., [as in Affidavit of Residence of Petitioner.] Schedule of Petitioner. THE Schedule of A. B., an insolvent, annexed to and delivered with his petition, to the Hon. I). ~W. ; Judge of the Court of , in the city of , and containing a full and true account of ail the creditors of the said A. B.,with the place of residence of each ; the sum owing to each of them by the said insolvent ; the naturj of each debt, with the true cause and consideration thereof ; and the place where the same accrued: [Here insert Schedule.] Also a full and true inventory of all the estate, both real and personal, in law and equity, of the said A. B., an insolvent debtor jf the incumbrances existing thereon, and of all the books, vouch- ers, and securities relating thereto, as follows, to wit : Ten acres of land, situate in, &c., subject to a certain mortgage, given ; &c. ; twenty shares of the capital stock of the bank of , two horses, one carriage, one sofa. &e. &c. Dated the day of 1860. A. B, Oath of an Insolvent. 1, A. B., do swear, that the account of my creditors and the b ventory of my estate, which are annexed to my petition, and her*, with delivered, are in all respects just and true ; and that I have aot at any time, or in any manner whatsoever, disposed of, or made ver, any part of my estate, for the future benefit) of myself and DEBTOR AND CREDITOK. 153 family, tfr in order to defraud any of my creditors ; and that I have in no ihotance created or acknowledged a debt, for a greater sum than I honestly and truly owed; and that I hava not paid, so cured to be paid, or in any way compounded with, any of my creditors, with a view fraudulently to obtain the prayer of my petition. A. B. Sworn, &c., [as in affidavit of Residence of Petitioner.} Order for Creditors to show Cause, and for Publication. ORDERED, That all the creditors of A. B., an insolvent debtor be required to show cause, if any they have, before me, on the day of next, at o'clock in the noon, at my office, in the town of , why an assignment of the paid insolvent's estate should not be made, and he be discharged from his debts, pursuant to the provisions of the statute for the discharge of an insolvent from his debts, notice for which is to be published for six [or, ten] weeks successively, in the State paper, and the newspaper printed in the county of , entitled the . Dated the day of , 1860. D. P., Justice of the Supreme Court. Notice to be Published. NOTICE of application for the discharge of an insolvent from his debts, pursuant to the provisions of the third article of the first title of the fifth chapter of the second part of the Revised Statutes : A. B., of the town of , in the county of , an insolvent debtor : [or, if the applicant be a member of an insolvent firm, say : A. B., of the city and county of New-York, an insolvent debtor, individually, or *as one of the firm [or, late firm] of S. & T. :] No- tice first published July 1, 1860. Creditors to appear before the Hon. J. P. II., County Judge of said county of , at his office in the town of , on the day of next, at ten o'clock in the forenoon, to show cause, if any they have, why an assign- ment should not be made of said insolvent's estate, and he be dis- charged from his debts. Notice to be served on the Creditors iESIDING iy THE UNITED STATES, WITH THE NOTICE CF THE ORDER TO SHOW CAUSE. SIR: You will please take notice that the forego! no; [or, the irithui] is a copy of a notice to show cause, before the Flon. J, P DEBTOR AND CREDITOR. H., County Judge of- county, at the time and place therein specified, why I should not make an assignment of ray estate, and be discharged from my debts, &c. Dated the day of , 18. Yours, &c., A. B. Proof of Service of Notice on Creditors residing in tfie United States. STATE OF NEW-YORK, COUNTY, 6*. A. B., of said county, being duly sworn, says : [Attach here a That on the day of instant, for, List printed copy of past,] he served the notice, of which the annexed the notice.] printed notice is a copy, on C. D., L. M., &c., &c., by delivering a copy of the same to each of them personally, [or, by depositing a copy of the same, pro- perly folded and directed to each of them, at his usual place of residence, in the post-office at .] Sworn, &c., [as in Affidavit of Residence of Petitioner.] Order for Assignment WHEREAS, A. B., of , in the county of , an insolvent debtor, did in conjunction with so many of his creditors residing within the United States as have debts in good faith owing to them by the said insolvent, amounting to at least two thirds of all the debts owing by him to creditors residing within the United States, present a petition to me, for the purpose of being discharged from his debts, pursuant to the provisions of the third article of the first title of the fifth chapter of the second part of the Revised Statutes ; upon hearing which, it satisfactorily appeared to me that the Baid insolvent is justly and truly indebted to the petitioning credi- tors in the sums by them respectively mentioned in their affidavits annexed <o the petition; that such sums amount in the aggregate to two thirds of all the debts owing by him at the time of his pre- senting his petition to creditors residing within the United States, and that he has honestly and fairly given a true account of his es- tate, and has in all things conformed to tho matters required of him by the said article : I do, therefore, direct that an assignment be made by the said insolvent to J. K., of, &c., and L. M., of, &c., as- signees nominated by the said creditors, of all his estate, both in law and equity, in possession, reversion, or remainder, excepting from the articles mentioned in his inventory, such articles of wear- ing apparel and bedding as are reasonably necessary for the said insolvent and his family to retain, and also his arms and accoutre- ments Dated, &c., [as m Order for Creditors to show Cause, <S*c.] DEBTOR AND CREDITOR. 156 Assignment. KNOW all men by these presents. That I, A. B. having become insolvent, did, in conjunction with so many of my creditors, resid- ing within the United States, whose debts, in good faith, amount to two thirds of all the debts owing by me to creditors residing with- in the United States, present a petition to the Hon. J. P. II., County Judge of county, [or, as the case may be,] praying for relief, pursuant to the provisions of the statute authorizing an insolvent debtor to be discharged from his debts ; whereupon the said Judge ordered notice to be given to all my creditors to show cause, if any they had, before him, at a certain day and place, why the prayer of the petitioner should not be granted ; which notice was duly published, and no good cause appearing to the contrary, lie being satisfied that the proceedings were just and fair, and that 1 had in all things conformed to those matters required by the said statute, directed an assignment of all my estate to be made by me for the benefit of all my creditors. . Now, therefore, know ye, that in con- formity to the said direction, I have granted, released, assigned and set over, and by these presents do grant, release, assign and set over, unto J. K., of, &c., and L. M., of, &c., assignees nominated to receive the same, all my estate, real and personal, both in law and equity, in possession, reversion, or remainder, and all books, vouch- ers, and securities relating thereto, to hold the same unto the said assignees, to and for the use of all my creditors. In witness whereof, I have hereunto set my hand and seal, this day of , in the year one thousand eight hundred and * A. B. [L. s.] Sealed and delivered ) in presence of f G. H. Acknowledgment of Assignment. STATE OF NEW- YORK, COUNTY, ss. ON the day of , in the year one thousand eight hundred and f before me came A. B., to me known [or, proven to me by the oath of G. H., the subscribing witness to the above assignment,] to be the individual described in and who executed the above [or, said] assignment, and the said A. B. acknowledged that he execufc* ed tho same. S. T., Justice of the Peace. Oath of Assignee. I, L. M., having been appointed assignee of A. B., an insolvent debtor, do swear, that I will well and truly execute the trust l>y 150 DEBTOR AND CREDITOR. that appointment reposed in me, according to the best of my skill and understanding. Sworn, &c., [as in Affidavit of Residence of Petitioner.] Notice of Assignment, to be inserted Three Weeks. PURSUANT to the provisions of the first title of the fifth chaptei of the second part of the Revised Statutes, notice is hereby given, that the undersigned have been appointed assignees of A. R, an insolvent debtor. All persons indebted to the said debtor are re- quired to render an account of all the debts and sums of money owing by them respectively to the said assignees, by the day of next, at the office of the said L. M., in the town of , and to pay the same ; and all persons having in their psssession any property or effects of the said debtor, are required to deliver the same to us, by the day above specified. All the creditors of the said debtor are also required to deliver their respective ac- counts and demands to the said L. M., at his office as aforesaid, by the day of next. Dated the day of , 18. J. K. L. M. Certificate of the Assignees. WE do certify that A. B., an insolvent debtor, has this day granted, conveyed, assigned, and delivered to us, for the use ancl benefit of all his creditors, all his estate, real and personal, both in law and equity, in possession, reversion, or remainder, and all books, vouchers, and securities, relating to the same, except such articles of wearing apparel and bedding as are reasonable and necessary for the said insolvent and his family to retain, and also his arms and accoutrements. In witness, &c., [05 in Assignment.] Affidavit of Execution of Certificate. STATE OF NEW- YORK, COUNTY, ss. R. F., of, &c., being duly sworn, deposes and says, that ho did, on the day of last past, (or, instant,) see J. K., of, &c., and L. M., of, c., to him personally known, sign and seal the within (or, annexed) certificate; and that he, this deponent, subscribed his name thereto as one of the subserving witnesses. R F Sworn, &c., [as in Affidavit of Residence of Petitioner.] DEBfOB AND CREDITOR. 157 Certificate of County Clerk that Assignment has been re- corded. STATE OF NEW-YORK, COUNTY, ss. I, W. S., clerk of the county of , do hereby certify that the assignment made by A. B., an insolvent debtor, of all his estate both in Law and equity, in possession, reversion, or remainder, (except as is excepted by the statute,) to J. K., of, &c., and L. M., of, &c., bearing date the day of, &c., has been duly re- corded in my office. In testimony, &c. W S. Discharge. To all to whom these presents shall come or may concern : 1, J. P. II., county judg^e of county, [or, as the rase may 6e,J send greeting : Whereas, A. B., of, &c., an insolvent debtor, residing within said county, did, in conjunction with so many of his credit- ors residing within the United States as have debts in good faith owing to them by the said insolvent, amounting to at least two thirds of all the debts owing by him to creditors residing within the United States, present a petition to me, praying that the estate of the said insolvent might be assigned for the benefit of his cre- ditors, and he be discharged from his debts, pursuant to the pro- visions of the statute authorizing an insolvent debtor to be dis- charged from his debts ; whereupon I ordered notice to be given to all the creditors of the said insolvent, to show cause, if any they had, before me, at a certain time and place, why an assignment of the said insolvent's estate should not be made, and he be discharged from his debts ; proof of the publication whereof hath been duly made. And, whereas, it satisfactorily appearing to me that the doinge on the part of the creditors were just and fair, and that the said insolvent has conformed in all things to those matters re quired of him by the said statute, I have directed an assignment to be made by the said insolvent of all his estate, real and personal, both in law and equity, in possession, reversion, or remainder, to J. K., of, &c., and L. M., of, &c., assignees nominated by the creditor? to receive the same ; and the said insolvent having, on the day of , made such assignment, and produced to me a certificate thereof, executed by the said assignees, and duly proved, and also a certificate of the clerk of this county, that such assignment is duly recorded in his office : Now, therefore, knew ye that, by vir- tue of the power and authority in me vested, I do hereby discharge the said .insolvent from all his debts, pursuant to the provisions of the said statute. In witness whereof, I have hereunto set my liand and seal, the day of , in the year of our Lord one thousand eight drcd and sixty. J P. II., County Judge, <5to. \L. s.f 158 DEBTOR AND CREDITOR Petition under Non-Imprisonment Act, after Action con*- menced. To the H<ni. C. P. D., &c. [or as the case may be.] The petition of A. B., of the town of , in the county of -, respectfully showeth : That an action has been commenced against him in a court of record, in which, by the provisions of the act to abolish imprisonment for debt, and to punish fraudulent debtors, he cannot be arrested or imprisoned. Your petitioner, therefore, prays that his property may be assigned, and that he may have the benefit of the provisions of the said act ; and, in conformity thereto, sets forth and states : That the said action is brought by C. D., in the Supreme Court of the State of New-York, and was commenced by summons, served upon the said petitioner on the day of last past, (or, instant,) and that the following is a just and true account of all his estate, real and personal, in law and equity, and of all the charges affecting the same, as the same exist at the time of preparing this petition, according to the best of his knowledge and belief, to wit: Keal estate, [describe the same, if any; if other' wise, say, none :] Personal estate, one span of horses, c., &c. : The charges affecting the same are as follows, to wit : a chattel mort- gage, executed by the said A. B. to L. M., of, &c., on the day of , 1856, for the purpose of securing the payment of the sum of ' dollars, due and owing to the said L. M. by the said A. B. : his necessary wearing apparel, bedding and furniture, for himself and family, his arms and accoutrements, and other articles, exempt by law from execution, are as follows, to wit, [specify the articles:] and his tools, or instruments of his trade, necessary to the carrying on of the same, not exceeding twenty-five dollars in value, are as follows, to wit., [specify the articles.] And your petitioner further states, that the following is a just and true account of the deeds, securities, books, and writings what- soever, relating to the said estate, and the charges thereon, and the names and places of abode of the witnesses to such deeds, secu- rities, and writings, according to the best of his knowledge and belief, to wit., [state the details,] and that there is no other account of any real estate, or personal estate, in law or equity, or any other charges affecting the same, as the same estate exists at the time of preparing this petition j nor any other deeds, securities, books, or writings, whatsoever, relating to the same ; nor any other names, or places of abode, of any witnesses to such deeds, securities, or writings, so far set forth, as Ms knowledge extends concerning the same. A. B.. Defendant. Dated the day of , 18-. DEBTOR AND CREDITOR. 150 Affidavit of Petitioner. TO BE ENDORSED ON THE PETITION. I, the withia named petitioner, do swear: That the within peti- tion, and the account of my estate, and of the charges thereon, arc in all respects just and true ; and that I have not, at any time, or in any manner, disposed of or made over any part of my property, with a view to the future benefit of myself or my family, or with an intent to injure or defraud any of my creditors. Sworn to, &c., [as in Affidavit of Residence of Petitioner.] Notice of Presenting Petition. SUPREME COURT. C. D. against A.B. SIR : Please to take notice, that the within is a true copy of a petition, with an account of my creditors, and an inventory of my estate thereunto annexed, which I intend to present to the Hon. J. P. II., (fee., at his office in the town of , on the day of , 1856, at o'clock in the noon, or as soon thereafter as the same can be heard. Yours, &c., A. B., Defendant. To C. D., [or L. T., attorney of] the plaintiff in the above suit. Affidavit of Service of Notice. SUPREME COURT. 1 C. D ) ae-ainst > COUNTY, ss. A.B. } 0. P., of the said county, being duly sworn, doth depose and say that on the day of last past, [or, instant,] he, this de- ponent, served C. D.,"of the town of , the plaintiff in this cause with a notice of the abovenamed defendant's intention of present ing the within petition to the Hon. J. P. II., &c., [or, as the cast may be,] on the day of next, [or, instant,] at o'clock in the noon of the same day ; and also, with a true copy of the account of the said defendant's estate, as within set forth, by delivering the said notice and account; [state the manner of service^ whether personal or otherwise ; and that the notice and account so delivered were signed by the above-named defendant in this cauao, Sworn, &c., [as in Affidavit of Residence of Petition fir J 160 DEBTOR AND CREDITOE. Order for Assignment WHEREAS, A. B. did, on the day of , 1856, present a petition to me, praying that his property might be assigned, and that he might have the benefit of the provisions of the act to abol- ish imprisonment for debt, and to punish fraudulent debtors ; upon the hearing of which, I, being satisfied that the proceedings on the part of the petitioner are just and fair, and that he has conformed in all things to the provisions of the said act, do therefore order that an assignment of all his estate be made by him to M. P., of, &c., the assignee appointed by me to receive the same, excepting such articles as are by law exempt from execution. Dated, &c., [as in Order for Creditors to show Cause.] Assignment. KNOW all men by these presents : That I, A. B., of, &c., did present a petition to the Hon. C. P. D., one of the Judges,, c., E raying that my property might be assigned, and that I might ave the benefit of the provisions of the act to abolish imprisonment for debt ; whereupon, such proceedings were had, that the said Judge, after hearing the said petition, ordered that an assignment should be made by me of all my property, except such articles as were by law exempt from execution : Now, therefore, know ye, that in conformity to the said order, I have released, and by these presents do grant and assign all nty estate, real and personal, both in law and equity, in possession, reversion, and remainder, and all books, vouchers, and securities, relating to the same, to M. P., of, &c., the assignee appointed to receive the same, except such ar- ticles as are by law exempt from execution. Certificate of Assignment I DO hereby certify, that A. B. has this dav^ made and delivered to me an assignment of all his property mentioned in the inventorj accompanying his petition, pursuant to an order made by the Hon. C. P. D., one of the judges, .&c., and that all the property specified in said inventory has been delivered to me. In witness. &c., [cs in Certificate of the Assignees.} Discharge. To all to whom these presents shall come ; I, C. P. D., one of the Judges, &c., send greeting : Whereas A. & ajrainst whom an action has been commenced in <i court of record DEBTOR AND CREDITOR. 161 In which action, by the provisions of the act to abolish imprison- ment for debt, and to punish fraudulent debtors, he cannot be ar- rested or imprisoned, did present a petition to me, praying that his property might be assigned, and that he might have the benefit of the said act; which petition contained an account of his creditors, and an inventory of his estate, verified by an affidavit thereunto an- nexed, subscribed by him, and duly sworn to before me. lie also produced satisfactory proof that a copy of the said petition, account and inventory, had been served on the creditors in the said petition named, with notice of the time and place of presenting the samo to me, as required by law ; and I being satisfied, on hearing the petition, that the proceedings on the part of the petitioner were just and fair, and that he had conformed to the provisions of the said act, ordered that the said petitioner make an assignment of all his property, except such articles as are by law exempt from execution, to M. P., of, &c., the assignee appointed by me; and the said petitioner having made such assignment, and produced evi- dence that the assignment so made was recorded in the office of the clerk of this county, and also produced a certificate of the assignee that the property of the petitioner, specified in his inventory, had been delivered to the said assignee. Now, therefore, know ye, that by virtue of the power and authority in me vested, and in pursuance of the provisions of the said act, I do grant this dis charge to exonerate the said petitioner from being proceeded against by any creditor entitled to a dividend of his estate. Given under my hand and seal, the day of one thou- sand eight hundred and . C. P. D., Judge of, &o Affidavit OF PERSONS APPLYING FOR THE APPOINTMENT OF TRUSTEES FOR ESTATE OF DEBTOR CONFINED FOR CRIME (TO ACCOMPANY THK COPY OF THE SENTENCE AND CERTIFICATE OF THE CLERK). STATE OF NEW-YORK, COUNTY, ss. A. B., of said county, being duly sworn, says, That C. D., the per- Bon named in the annexed [or, within] copy of sentence of convic tion, is now actually imprisoned in the State prison at , [or, in the penitentiary of, &c. ; or, in the county jail of the county of ,] in the State of New-York, under, and in pursuance of the said sentence of conviction ; and that the said C. D. is indebted to this deponent, [or, to L. M., of, &c.] in the sum of dollars, on account, [or, as the case may be,] for goods, wares and merchandise, sold and delivered to the said C. D.,' by this deponent, [or, by tho said L. 51.;] and this deponent therefore makes application for the 162 KOTE8 AJTD BILLS OF EXCHANGE. appointment of trustees of the estate of the said 0. D., accordirg tc the statute. A. JB Sworn, &c. [as in Affidavit of Residence of Petitioner.} Appointment of Trustees, on the Foregoing Application. BY the Hon. D. P., one of the Justices of the Supreme Court of the State of New-York ; [or, as the case may be]. Whereas A. B. f a creditor [or, a relative] of C. D., [or, a relative of M. D., wife of C. D..] a debtor confined for crime, did, on the day of last past, [or, instant,] make application to me for the appointment iof Trustees to take charge of the estate of the said C. D. ; and did ^ilso produce a copy of the sentence of conviction of the said C. D., duly certified by P.V., Esq., clerk of the court of [specify the court before which the conviction was had,] under his seal of office, by which said court of the said sentence of. conviction was passed ; together with an affidavit of the said A. B., that the said C. D. is actually imprisoned under the said sentence, and is indebted to the said A. B., [or, to L. M.,] of, &c., in the sum of dollars. Now, therefore, I, the said Justice as aforesaid, do, in pursuance of the authority to me given by the statute concerning " Attachments against debtors confined for crimes," appoint M. N. and 0. P., two fit persons to be Trustees of the estate of the said C. D., with such powers concerning the estate of the said C. B. as are conferred by the said statute. Given under my hand and seal, this day of, &c. D. P. [L. s.] Oath of Trustees of the Estates of Debtors. WE, M. N. and 0. P., appointed Trustees of the estate of C. D., a debtor confined for crime, [or, as the case may be,] do swear, and each for himself doth swear, that he will well and truly execute the trust by his appointment reposed in him, according to the best of his skill and understanding. M. N. 0. P. Sworn &c, [as in Affidavit of Residence of Petitionei .] NOTES AND BILLS OF EXCHANGKE. THE party who makes or signs a note is called the drawer; the party who endorses it, the endorser; the party to whom it is made NOTES AND BILLS OF EXCHANGE. 108 payable, the payee ; the party holding it at tho time of its ma- turity, the holder. The words " value received/' though usually inserted, are not legally indispensable, as value is implied in every note, bill, ac- ceptance, and endorsement. In the States of Pennsylvania and New-Jersey, the words, ' without defalcation or. discount," must be inserted after the words, "* for value received." In Missouri, the words, " negotiable and payable, without defalcation or discount," must bo added to the words, " for value received." Notes bear interest only when ib is so stated ; but, after ma- turity, all notes bear legal interest. When a note is payable on demand, interest can alone be charged after the demand has been made. When, it is improbable that a note payable on demand will be paid whe due, it should be made payable one day after date, with interest. The holder of a note made payable to order, may sue in his own name. A note made payable to John Smith, or bearer, need not be en- dorsed. Its delivery is a sufficient guarantee of title. If the holder's title to it is questioned by the drawer, he has only to show in court that he obtained it for a fair consideration. If nego- tiated, or made use of, after maturity, it is subject to any set-off the drawer may have against the payee. A promissory note given by a minor, even for necessaries, is void. If a note is made payable to a firm, the signatures of the firm is a sufficient endorsement. But if it be made payable to two or more persons not co-partners, it is not negotiable without the en- dorsement of each. No note is payable till the third day after the day expressed for its payment. These three days are called " days of grace," find if payment is not made, no suit can be begun till they have ex- pired. Notes payable ' on demand" are not entitled to grace. An endorsed note, payable on demand, must be presented within a reasonable time say within three months. A person becoming surety on a note, is liable as an endorse?. 164 NOTES AND BILLS OF EXCHANGE. An endorser may waive demand and notice of a note before its, maturity, without any consideration for such notice. When a note falls due on Sunday, or on any leading holiday when general business is suspended Fourth of July, Thanksgiv- ing, Christmas, or New Year's, for instance demand for its pay- ment must be made on Saturday, or the day preceding the holiday. The demand must be made at the place of business of the maker, within business hours, or at the specified place of payment should he have no place of business then at his dwelling-house. When the maker has absconded, no notice is necessary. The endorser of an accommodation note is a surety for the maker, and is liable for the costs of collection brought against such maker or endorser. If the payee of a note wishes to pay it away to another without being responsible for its payment, he may endorse it with the fol- lowing words : " Pay to John Smith, without recourse upon me;" or, " Pay to John Smith, at his risk :" or, l( Pay to John Smith, without recourse.' 7 If a party takes a note after it is due, he takes it at his own risk, as it is then subject to every defence against its payment that the drawer or endorsers had against it before it was negotiated. Any promise to pay, without specifying the time of payment, 18 equal in law to a promise to pay on demand. A note promising to pay, " so soon as circumstances will per xnit," is not a promissory note. A paper is of no value where the acceptor draws it up and then writes across it his acceptance, leaving a blank for the drawer to sign his name. Such a paper is neither a bill, note, order, or security for the payment of money. In many States, the making of a promissory note on Sunday ren- ders it worthless. I'he altering of a note, in any manner, by the holder, makes it void. A note written thus : " I, Henry Mansfield, promise to pay John Jenkins, or order, one hundred dollars, value received,'' is good without further signing. Such notes, however, being different from the customary forms, would be deemed imperfect, by men general- ly, and would be found difficult to negotiate. A note like the following is not a promissory note : NOTES AND BILLS OF EXCHANGE, 165 ' kVo years from date, for value received, I promise to pay A, B. x or nearer, one hundred dollars with use. Said A. B. agrees that if I pay him fifty dollars on or before the first day of January I860, it shall cancel this note." Demand of payment for a note must be made of the maker tho day when it is due if not paid, notice must immediately be given to the endorsers : otherwise they will bo released of their liability. If the note be made payable at a bank or other place, demand must be made at the place where it is made payable. If payment is refused, notice to that effect must be served without delay upon the maker and each of the endorsers. This notice may be given by any person competent to serve it, but Notaries Public are usual- ly employed for that purpose. When payment of a note is refused, it is called dishonored. No particular form of words is necessary in a notice : all that re requisite is to apprise the party or parties of the fact that the note has been dishonored. The usual form of a notice of protest will be found below. Notice by mail to an endorser, residing at a distance from tho bank or place where the note is payable, is sufficient to hold him for its payment, in case the notice be sent on the last day of grace that is, the day on which the note was dishonored. The same laws that apply to notes, apply also to bills of ez- change. Note with Surety. $100. NEW-YORK, April 12, 1860. Six months after date, 1 promise to pay John Jones, or order one hundred dollars, value received. WM. JENKINS. J. G. WELLS, Surety. An Unnegotiable Note. 3U '00. NEW-YORK, April 10, 1860. THREE months after date, I promise to pay John Jones one thou- sand dollars, for value received. ADAM CLARKE. A Negotiable Note. $1000. NEW-YOAK, April 19, 1860. THREE months after date, I promise to pay John Jones, or order one thousand dollars, for value received. ADAM CLARKE 166 NOTES AND BILLS OP EXCHANGE. A Note, or Due Bill, payable on Demand. $100. CINCINNATI, (O..) April 14, 1860. ON demand, I promise to pay Charles Howard, or order, one hundred dollars, for value received. THOMAS MANSFIELD, 116 Main-street A Note bearing Interest. $100. MILWAUKEE, (Wis. ; ) May 1, 1860. Six months after date, I promise to pay Edward Robinson, or order, one hundred dollars, with interest, for value recewed. SAMUEL LELAND. A Note payable by Instalments- 13000. PHILADELPHIA, (Pa.,) April 8, 1860. FOR value received, 1 promise to pay Joiies & Williams, or order, three thousand dollars, in the manner following, viz. : one thousand dollars in one year, one thousand dollars in two years, and one thousand dollars in three years, with interest on all said sums, paya ble semi-annual ly, without defalcation or discount. DAVID MILLER, 108 Arch-street Sealed Note. $5000. PHILADELPHIA, (Pa.,) April 8, 1860. FOR value received, I promise to pay Jones & Williams, or or der, five thousand dollars, in three years from the date hereof, with interest, payable semi-annually, without defalcation, or discount. And in case of default of my payment of the interest or principal aforesaid with punctuality, 1 hereby empower any attorney at law, to be appointed by said Jones & Williams, or their assigns, to ap- pear in any court which said Jones & Williams, or their assigns, may select, and commence or prosecute a suit against me on said note, to confess judgment for all and every part of the interest or principal on said note, in the payment of which 1 may be delir* quent. Witness my hand and seal, this 8th day of April, A. D., 1860. EDGAR MORSE. [SEAL] Attest, JOHN SMITH. NOTES AND BILLS OF EXCHANGE. lQ*f Due Bill, payable in Goods. DUK John Jones, or bearer, fifty dollars in merchandise, for value received, payable an demand. WM. JENKINS. NEW-YORK, May 3, 1860. Order for Goods. Ma. J. SWEET: NEW-YORK, April 12, 1860. PLEASE pay John Jones, or order, one hundred dollars in mer- chandise, and charge the same to account of WM. JENKINS. Bill of Exchange. $1000. BOSTON, (Mass.) April 5, 1860. THIRTY days after sight, pay to the order of Messrs. John Sraifcb & Co. one thousand dollars, and charge the same to account of JAMES FOX. To Messrs. WILSON & ROBERTS, New- York. A Set of Bills of Exchange. No. 188. Ex. 300. NEW- YORK, April 3 ; 1860. THREE days after sight of this, my first of exchange, (second and third unpaid,) pay to Charles Wignell, or order, three hundred pounds sterling, value received, and charge the same to account of JOHN SMITH. No. 188.^-Ex. 300. NEW-YORK, April 3, 1830. THREE days after sight of this, my second of exchange, (first and third unpaid,) pay to Charles Wignell, or order, three hundred pounds sterling, value received, and charge the same to account of JOHN SMITH. No. 188. Ex. 300. NEW-YORK, April 3, 1860. THREE days after sight of this, my third of exchange, (first and second unpaid,) pay to Charles Wignell, or order, three hundred rounds sterling, value received^ and charge the same to account of JOHN SMITH. Money Order. MR. JACOB SWEET : NEW-YORK, April 12, 1860. PLEASE pay John Jonos, or order, one hundred dollars, and charge the same to account of WM. JENKINS 168 RECEIPTS AND RELEASES. Protest of a Bill of Exchange. UNITED STATES OF AMERICA, STATE OF NEW-YORK, ss. ON the day of , in the year of our Lord one thousand eight hundred and , at the request of Mr. A. B., of, I, ,T. T., a Notary Public, duly admitted and sworn, dwelling in the city of New York, did present the original bill of exchange, a copy of which is hereunto annexed, at the shop of W. D., the .ac- ceptor thereof, in the city of New York, to a man there attending, and demanded payment of the same, which was refused, the said man replying, that Mr. D. was not in, and he could not pay it : Whereupon, I, the said Notary, at the request aforesaid, did pro- test, and by these presents do publicly and solemnly protest, a? well against the acceptor of the said bill of exchange, as against all others whom it doth or may concern, for exchange, re-exchange, and all costs, damages, and interest, already incurred, and to DC hereafter inoarred, for want of non-payment of the said bill of exchange. Thus done and protested in the city of New York aforesaid, in the presence of John Doe and Richard Roe, witnesses. In testimonium veritatis. | L. s.] J. T., Notary Publi i. Notice of Son-payment TO BE GIVEN TO THE DRAWER AND ENDORSERS. NEW-YORK, Feb. 15, 186C. PLEASE to trtkc notice, that a certain bill of exchange, dated -. for $1000, drawn by , on and accepted by , of , find foy you endorsed, was this day protested for non-payment, and the holders look to you for the payment thereof. Yours, &c., To Mr. A. B. J. T., Notary Public, RECEIPTS AND RELEASES. A RECEIPT in full, though admitted to bo strong evidence, is by no means legally conclusive. If the party signing it can show an error or mistake, it will be admitted in his favor. Receipts fo. money will be held open to examination, and the party holding the receipt must abide by the results of such exam- ination; the grettt aim of law being to administer strict justice. A release must be given over a seal. A release from all de- mands extinguishes all possible causes and rights of action, and leaves no room for subsequent quibbling. RECEIPTS AND RELEASES. 169 A release of one of many equally wrong-doors, generally re leases all. This, of course, does not apply to Such of the parties as covenant to remain liabirJ. A release of one of several joint obligors, releases all. An agreement not to sue two joint debtors is a release to both, but an agreement not to sue one, will not serve as a release to either Inasmuch as a receipt in full, in the ordinary form, still leaves room to a tricky or unprincipled creditor to harrass and annoy a debtor, it would be well, in all such cases, for the latter to obtain a sealed release, like that under the head of Release of all De- mands Of that under the caption of Special Release. Eeceipt in Full of all Demands. $500 NEW-YORK, March 15, 1800. .RECEIVED of John Smith five hundred dollars, in full of all de- mands against him. WM. JONES. Keceipt on Account. $100 NEW-YORK, March 15, I860. RECEIVED of John Smith one hundred dollars, to apply account. WM. JONES. Eeceipt for Money paid for another. 8100 NEW-YORK, March 15, 1860. RECEIVED of J. G. Wells one hundred dollars, in full of all lemands against John Smith. WM. JONES. Release of all Demands. KNOW all men by these presents, that I, Wm. Jones, of New i'ork, for and in consideration of the sum of two hundred dollars, to me in hand paid by John Smith, of said city, ha~ve remised, released, and forever discharged the said John Smith from all olaiais of every kind, nature, and character soever against him, from the beginning of the world to this day. As witness my hand and seal, this 15th day of March, one thousand eight hunured and! sisty. WM. JONES 170 EBCETPTS AND RELEASES. Special Release. KNOW all men by these presents, that I, Wm. Jones, of JNew- York, for and in consideration of the sum of one hundred dollars to me in hand paid, by John Smith, of said city, have remised, re- leased, and forever discharged, and by these presents do, for my. self, my heirs, executors, administrators, and assigns, remise, release, and forever discharge, the said John Smith, his heirs, ex ecutors, and administrators 1 , of and from all manner of action and actions, cause and causes of actions, suits, debts, dues, sums of money, claims and demands whatsoever, in law or in equity, which I ever had, or now have, or which I or my heirs, executors, ad- ininistrators, o rassigns. hereafter can, shall, or may have, by reason of any matter, cause, or thing, whatever, from the beginning of the world to this day, arising out of any dealings or transac- tions between myself and the said John Smith, at my store in the city of New-York. As witness, &c., [as in Release of all De- mands.] Release made in Pursuance of an A ward. KNOW all men by these presents, that I, A. B., of, c., in tho sounty of, &c., have remised, released, and forever quit-clai ned, and by these presents do remise, release, and forever quit-claim unto C. D., of, &c., in the said county, his heirs, executors, and ad- ministrators, all actions, cause and causes of action, judgments, suits, controversies; trespasses, debts, duties, damages, accounts, reckonings, and demands whatsoever, for or by reason of any matter, cause, or thing whatsoever, from the beginning of tho world to the : day of last, save and except my right to redeem a certain farm now in mortgage to the said C. D., at the time, under the terms, and in the manner prescribed in and by a certain award, made the day of , in the year , by E. F., of, &c., on a reference to him of all disputes between me and the said C. D. As witness, c., [as in Release of all Demands.] Mutual Genera] Release by Indenture, THIS Indenture, made this day of , between A, B., of, &c., of the one part, and C. D., of, &c., of the other, witness th : That on the day hereof, the said A. B. and C. D. have each paid to the other the sum of five dollars ; and each of them has can- celled and delivered up to the other certain covenants, bonds notes of hand, and written contracts, upon which each of the par tics claimed, and pretended to have divers claims and demands on RECEIPTS AND RELEASES. 1^1 the other; the said claims and contracts, so cancelled and deliv cred up, being supposed and intended to be all the claims and evidence of claim by each of the parties hereto on the other. And in consileration thereof, each of them, th said A. B. and C. D., does hereby, for himself and his legal representatives, release, and absolutely and forever discharge the other, of and from all claims and demands, actions, and causes of action, of every name and nature, so that neither of them shall have any claim on the other, directly or indirectly, on any contract, or supposed liability, or thing un- dertaken, done, or omitted to be done, from the beginning of the world to this day. As witness, &c., [as in Release of all Demands.] Eelease to a Guardian. KNOW all men, &c., that A. B., &c., son and heir of B. B. ? de- ceased, hath remised, released, and forever quit-claimed, and by these presents doth remise, &c., unto C. D., of , his guardian, all, and all manner of action, actions, suits, reckonings, accounts, debts, dues, and demands whatsoever, which he, the said A. B., over had, now hath, or which he, his executors or administrators, at any time hereafter can or may have, claim, or demand, against the said C. D., his executors or administrators, for, touching, and concerning the management and disposition of any of the lands, tenements, and hereditaments of the said A. B., situate, &c., or any part thereof, or for or by reason of any moneys, rents, or profits by him received out of the same, or any payments made thereout, during the minority of the said A. B., or by reason of any matter, cause, or thing whatsoever, relating thereto, from the beginning of the world to the day of the date hereof. As witness, &c., [as in Release of all Demands.] Release of a Proviso or Condition. KNOW all men, &c., that I, A. B., of , for divers good con- isiderations me hereunto moving, have remised, released, and quit- claimed, and by these presents, or me, my executors, administra- tors, and assigns, do, &c., unto L. M., of , his heirs, executors, administrators, and assigns, as well one proviso or condition, and all and every the sum and sums of money specified in the^ same proviso or condition, contained or comprised in one pair of inden- tures, of, &c., bearing date, &c., made between me, the said A. B of the one part, and the said L. M., of the other part, and also all and all manner of actions and suits, cause and causes of action and suits, for or concerning the said proviso cr condition. As witness, &c. [as in Release of all Demands.] 172 RECEIPTS AND KELEASES. Release of a Trust. To all, &c., A. B., &c., sendeth greeting: WHEREAS, by indenture bearing date , made between, &c, I here recite the deed,] in which said indenture the said A. B. doth icrcby declare that his name was only used in trust, for the benefit and behoof of C. D., of : Now know ye, that I, the said A. B., in discharge of the trust reposed in me, at the request of the said C. D,, have remised, released, and surrendered, assigned, and set over, and by these presents, for me, my executors and administra- tors, do freely and absolutely remise, &c., unto the said C. D., his executors, &c., all the estate, right, title, interest, use, benefit, priv- ilege, and demand whatsoever, which I, the said A. B., have, or may have, or claim, of or to the said premises, or of and in any Bum of money, or other matter or thing whatsoever, in the said indenture contained, mentioned, and expressed; so that neither I, the said A. B., my executors or administrators, or any of us, at any time hereafter, shall or will ask, claim, challenge, or demand, any interest, &c., or other thing, in any manner whatsoever, by reason or means of the said indenture, or any covenant therein contained, but thereof and therefrom, and from all actions, suits, and demands, which I, my executors, administrators, or assigns, may have con- cerning the same, shall be utterly excluded and forever debarred by these presents. As witness &c. [as in Release of all Demands.] Release of Dower to tlie Heir. KNOW all men, &c., that I, A. B., &c., relict of B. B., late, &o., as well for and in consideration of, &c., to me paid, at or before, &c., by my son, J. B., &c., (the receipt whereof I do hereby ac- knowledge,) and for the love and affection which I have to my said eon, have granted, remised, released, and forever quit-claimeu, and by these presents do, &c., unto the said J. B., his heirs and assigns forever, all the dower and thirds, right and title of dower and thirds, and all other right, title, interest, property, claim, and de- mand whatsoever, in law and in equity, of me, the said A. B., of, in, and to ; [a description of certain parcel of land, fyc., and how it descended to A. B. and B.;] so thafc neither I, the said A. B., my heirs, executors, or administrators, nor any other person or persons, for me, them, or any of them, shall have, claim, challenge, or demand, or pretend to have, &c., any dower or thirds, or any other right, title, claim, or demand, of, in, or to the said promises, but thereof and therefrom shall be utterly debarred ani excluded forever by these presents. As witness, &c., [as in Release of c.l Demand?.] ARBITRATIONS AND AWARDS. Eelease from a Legatee upon Ms coming to Age. KNOW all men by these presents, that whereas A. B., of made his last will and testament in writing, bearing date , and, among other legacies therein contained, did give and bequeath unto me, C. D., of , his son, the annual sum of , to be paid to me quarterly, until I should attain the age of one-and-twenty years; and of his will constituted E. F. and G. II. joint executors, as in and by the said will may appear : and whereas the said E. F and G. H. did jointly accept of the said executorship and trust, and [, the said C. D., have attained my said age of twenty-one years: and whereas the said E. F. and G. II. have made up an account with me, the said C. D., of all moneys received and paid by the said E. F. and G. II., and all transactions in pursuance of the said executorship and trust, and have not only paid me, the said C. D., the balance of such accounts, but also delivered unto me all the writings and papers belonging to the estate of the said deceased A. B. : Now know ye, that I, the said C. D., being fully satisfied in the premises, have remised, released, and forever quit-claimed, and by these presents do remise, release, and forever quit-claim unto the said E. F. and G. II., and each of them, their and each of their executors and administrators, all reckonings and accounts, sum and sums of money, by them had and received in pursuance of the said trust, or by means of their being executors to the said A. B. as aforesaid ; and also of and from all other reckonings, accounts, and demands whatsoever, from the beginning of the world to the day of the date of these presents. As witness, &c., [as in Release of all Demands.] ARBITRATIONS AND AWAKDS. THE act by which two or more parties refer a matter in dispute to the decision of third parties, is called submission ; the parties to whom the matter is referred, arbitrators ; and. their decision, an award. A verbal decision is valid; but an award, made upon such sub- mission, can be enforced only by a suit, while a submission in writing authorizes the entry of a judgment in accordance with the tenor of the award. Submissions, written and verbal, may be revoked by either of the disputants, at any time prior to the rendering of the award. But the party revoking is liable to the opposing party for all cost/ and damages incurred in preparing for the arbitration. The award, to bo good, must not embrace any matter not compro 174 ARBITRATIONS AND AWARDS. Iiended in the submission. The award must comprehend every item or thing submitted. It must not be of a thing unreasonable nor against law, nor morally or physically impossible to the party ; and it must also be certain that is, capable of being reduced to certainty advantageous, mutual, and final. Arbitrators are authorized by custom, but not by law, to charge the same fees allowed to referees appointed by a court of record, viz. : three dollars per day each, for each day necessarily spent in bringing the case to a settlement ; the money to be paid when they bring in their award or report. The parties are at liberty, how- over, to agree at the outset, in writing, upon a specified compen- sation. Common Bond of Arbitration. KNOW all men by these presents, that I, A. B., of the town of , in the county of , gentleman, ani held and firmly bound to C. D., of the city of , merchant, in the sum of $500, of good and lawful money of the United States, to be paid to the said C. D., or to his certain attorney, executors, and administrators, or assigns, for which payment, to be well and faithfully made, I bind myself, my heirs, executors, and administrators, firmly, by these presents. Sealed with my seal ; dated the . The condition of this obligation is such, that if the above bounden A. B., his heirs, executors, and administrators, on his or their parts and behalves, shall, and do, in all things, well and truly stand to, obey, abide by, perform, fulfil, and keep the award, order, arbitra- ment, and final determination of M. N., 0. P., and Q. E., of, &c., arbitrators, indifferently elected and named, as well on the part and behalf of the above bounden A. B. as of the above named C. D., to arbitrate, award, order, judge, and determine, of, and con- cerning all, and all manner of action and actions, cause, and causes of actions, suits, bills, bonds, specialities, judgments, executions, quarrels, controversies, trespasses, damages and demands whatso- ever, at any time heretofore had, made, moved, brought, commenc- ed, sued, prosecuted, done suffered, committed, or depending by and between the said parties, so as the said award be made in writing, under the hands of the said M. N., 0. P., and Q. R v or any two of them, and ready to be delivered to the said parties in diffe- rence, or uch of them as shall desire the same, on or before the day of , then this obligation to be void, or else to remain in full force. [If it is intended to have a judgment entered on an award, and to give power to u court of record to modify or vacate the award ARBITEATIONS AND AWARDS. 175 according to the statute, the following clause must bo added at the end of the condition, as follows :] And it is hereby agreed, that a judgment of the Supreme Court of Judicature of the People of the State of , shall be rendered upon the award to bo made pursuant to the above submission. Arbitrator's Oath. TO BE ADMINISTERED BY A JUDGE OF A COURT OF RECORD OR A JUSTICE OF THE PEACE. You do severally swear, faithfully and fairly to hear and ex- amine the matters m controversy between A. B., of the one part, and C. D., of the other part, and to make a just award according to the best of your understanding. Subpoena to appear before'Arbitrators. THa People of the State of , to S. T., U. V., and W. Y. You, and each of you, are commanded personally to appear and attend at the house of , in the town of , and in the county of , on the day of , in the year r-, at ten o'clock in the fore- noon of that day, before M. N., O. P. and D. R., arbitrators chosen to determine a controversy between A. B. and C. D., then and there to testify as a witness in relation thereto, before said arbitrators, on the part of the said A. B. Hereof fail not at your peril. Given under my hand ; this day of , in the year . R. S., Justice of the Peace Award of Arbitration. To all to whom these presents shall come, A. A., of , C. C., 01 , and D. D., of , send greeting : WHEREAS, divers suits, disputes, controversies, and differences; have happened and arisen, and are now depending-, between E. E., of , and F. P.. of . for pacifying, composing, and ending whereof, the said E. E. and F. F. have bound themselves each to the other, in the penal sura of $500, by several bonds or obliga* tions, bearing date last past, before the date hereof, with con- dition thereunder written, to stand to, obey, abide, perform, and keep the award, order, arbitrament, final enof and determination of the said A. A., C. C., and D. D., arbitrators indifferently named, elected, and chosen, as well on the part and behalf of the said E. E., as of the said F. F., to arbitrate, award, adjudge, and deter- mine, of and concerning all, and all manner of action and action^ cause and causes of actions, suits, bills, bonds, judgments, exeou 176 ARBITRATIONS AND AWARDS. tions, quarrels, controversies, trespasses, damages, and demands, whatsoever, at any time or times theretofore had, made, com- menced, sued, prosecuted, or depending, by or between the said parties, or either of them, so as the said award should be made in writing, under the hands and seals of the said arbitrators, or any two of them, ready to be delivered unto the said parties, or such of them as should require the same, on or before the day of this instant, , as by the said obligations and conditions thereof it doth and may appear : Now know ye, that the said A. A., C. C., and D. D., taking upon them the charge and burden of the said award, and having deliberately heard the allegations and proofs of both the said parties, do, by these presents, arbitrate, award, order, decree, and adjudge, of and concerning the premises, in man- ner and form following ; that is to say : First, they do award, order, decree, and adjudge, that the said F. F., or his heirs, shall and do, on or before the day of next ensuing the date hereof, make and execute a good and suf- ficient conveyance of his interest, as lessee for years, of a certain farm in the possession of the said F. F., situate , pursuant and according to the true intent and meaning of certain articles of agreement, bearing date on or about the day of , and made between the said F. F., of the one part, and the said E. E., of the other part, or as near the same as the present circumstances will admit. And also, the said arbitrators do further award, decree, and ad- judge, that the said F. #., his executors or administrators, shall and do, on or before the day of next ensuing the date hereof, pay, or cause to be paid, unto the said E. E., his executors or administrators, at, or in the now dwelling-house of the said E. E.. in aforesaid, the sum of fifty dollars, in full payment, dis- charge, and satisfaction, of and for all moneys, debts, duties, due or owing unto the said E. JT., by the said F. F., upon any account whatsoever, at any time before thsir entering into the said bonds of arbitration, as aforesaid. And also, the said arbitrators do hereby further award, order decree, and adjudge, that all actions and suits commenced, brought, or depending between the said E. E. and F. F., for any matter, cause, or thing whatsoever, arising or happening at the time of, or before their entering into the said bonds of arbitration, shall, from henceforth, cease and determine, nnd be no further prosecuted or proceeded in by them, or either of them, or by their, or either of their means, consent, or procurement. And lastly, the said arbitrators do hereby further award, order, adjudge, and decree, that the said E, E. and F. F. shall and do, within the space of two days next ensuing the date of this present award, seal and execute unto each other mutual and general re- leases of all actions, cause and causes oi' ar.tfoaa, suits, contro- A PPO1NTMENTS- AFFIDA VITS. 177 verges, trespasses, debts, duties, damages, accounts, reckonings, and demands whatsoever, for or by reason of any matter, cause, or thing whatsoever, from the beginning of the world to the day of the date of the said bonds of arbitration, as aforesaid. In testimony, &c., [as in Certificate of Magistrate, $*c.] APPOINTMENTS. Appointment of a Guardian by a Minor. KNOW all men by these presents, that I, A. B., of ., son and heir of W. B., late of , deceased, being above the age of four- teen years, namely, about the age of seventeen years, have nomi- nated, elected, and chosen, and by these presents do, &c., C. D., of , to be guardian, as well of my person as of my real and per- sonal estate, until I shall attain the age of twenty-one years, &c. In witness whereof, I have hereunto set my hand and seal, this day of , .in the year one thousand eight hundred and sixty. A. B. [EAL.] AFFIDAVITS. Common Form of Affidavit. COM. MASS, SUFFOLK Co., 55. BOSTON, May 1, 1860. THEN the above named A. B. personally appeared, and made oath [or, solemnly affirmed] that the foregoing declaration, by him subscribed, is true Before me, J. S., Justice of the Peaco. Affidavit to hold to Bail. A B., O f ? i n county, merchant, on oath declares, that he has a demand against the within named C. B., upon the causo of action stated in the within writ, which he believes to be justly due, and upon which he expects that he will recover ten dollars or upward; and that he has reasonable cause to believe that said C D. is about to depart beyond tho jurisdiction of the court to which said writ is returnable, and not to return until after judgment may probably be recovered in said suit, so that he cannot be arrested on the first execution (if any) which may issue in said suit. A. B. Subscribed and sworn to, this first day of January, A. D. 1860. Before rno, J. S., Justice of tho Peace. 178 ASSIGNMENTS. The same, by an Agent or Attorney. COM. MASS. SUFFOLK, ss. A. B., of Boston, in said county, merchant, agent (or attorney) of C. D., of tbo city, county, and state of New- York, merchant, on oath declares, that the said C. D. has a demand against the within-named E. F. upon the cause of action stated in the within writ, which this deponent oelieves to be justly due, and upon which he expects that the said C. D.will recover ten dollars or upwards; and that this deponent has reasonable cause to believe that said B. F. is about to depart beyond the jurisdiction of the court to which said writ is returnable, and not ta return till after judgment may probably be recovered in said suit, so that he cannot be ar- rested on the first execution (if any) which may issue in said suit. A. B. Subscribed. &c., [as in Affidavit to hold to Sail] Affidavit by a Party in a Cause, TO PROVE A FACT IN COURT. I, A. B , plaintiff in the above-entitled cause, on oath depose and say, that the original paper, of which a copy has been produced, was in my possession on or about the first day of July last, since which time I have not seen the same, and I suppose and believe it to have been lost. Subscribed, &c., [as in Affidavit to hold to Bail] ASSIGNMENTS. AN assignment is valid only when made in good faith. Any party interested in testing its validity, can do so in an action ; if it can be shown before a jury that the assignment was made to evade debts due to creditors, they will set it aside ; if such fraud cannot be proved, then it will stand. An assignment by a debtor for the benefit of his creditors must be unconditional surrender of all his effects. If he secretly hold back any property, such withholding is fraudulent, and punish- able by statute. An insolvent debtor has the right to prefer one creditor to the exclusion of all others, in case it be done in good faith, This right remains with him even after suit has been commenced against him by another creditor. ASSIGNMENTS. 179 An assignment by an insolvent debtor in trust to pay certain creditors, who are to transfer the residue to the debtor, is void as to the remaining creditors ; and evidence that there would be no surplus, will not render it valid. An assignment authorizing the assignee to change, at discretion, the order of preference of creditors is void. All assignments for the benefit of creditors must be accompanied by immediate delivery of the property. Trustees and assignees are entitled to the same compensation that is allowed to executors, administrators, and guardians. Assignments, and assignments of mortgages, must be acknowl- edged and recorded, like all other conveyances of property. General Form of Assignment, TO BE WRITTEN Oil ENDORSED ON THE BACK 0F ANY INSTRUMENT KNOW all men by these presents, that I, the within-named A. B., in consideration of one hundred dollars to me paid by C. D., have assigned to the said C. D., and his assigns, all my interest in the within written instrument, and every clause, article, or thing there- in contained; and I do hereby constitute the said C. D., my attor- ney, in my name, but to his own use, and at his own risk and cost, to take all legal measures which may be proper for the completa recovery and enjoyment of the assigned premises, with power ol substitution. In testimony whereof, I have hereunto set my hand and seal, this tnnth day of May, one thousand eight hundred and sixty. Executed and delivered ) A -r. r wlTl ,1 n > .&.. Ji. I SEAL. I in the presence ot j Assignment of Partnership Property and Debts, BY ONE PARTNER TO ANOTHER, IN TRUST, TO CLOSE THE CONCERN. WHEREAS, a co-partnership has heretofore existed between D. II. and A. B., both of the city of Boston, which co-partnership has been known under the name of II. and B., and which it is the in- tention of the said oo-partners forthwith to dissolve and deter- mine : Now, this indenture of two parta, made this day of , in tfca year , by and between the said D. II., of the one part, and the said A. B., of the other part, witnesseth : First. That the co-partnership aforesaid, is hereby, by tho m tual consent of tho said parties, dissolved and determined. 180 ASSIGNMENTS. Second, The said D. II doth hereby sell, transfer, assign and set over unto the said A. B., his moiety of all the stock in trade, goods, merchandise, effects, and property of every description belonging to or owned by the said co-partnership, wherever the same may be, together with all debts, cases in action, and sums of money due and owing to the said firm from any and all persons whomsoever to hold the same to the said A. B. and his assigns forever, in trust for the following purposes, namely : that the said A. B. shall sell and dispose of all the goods, property, and effects belonging to tho said firm, at such time and in such manner as he may think pru- dent ; and shall, with reasonable diligence, collect all the debts and sums of money due and owing to the said firm; and shall, out of the proceeds of the said sales, and with the money thus col- lected, pay and discharge all the debts and sums of money now due and owing from the said firm, as far as the proceeds of said sales and the sums of money collected will go ; and, lifter fully satisfying all demands against the said firm, if there be any surplus, shall pay over one moiety thereof to the said D. II. or his assigns. Third. The said D. II. doth hereby constitute and appoint the said A. B. his attorney irrevocable, in his, the said A. B.'s own name, or in the name of the- said firm, to demand, collect, sue for and receive any and all debts and sums of money due and owing to *:he said firm; to institute and prosecute any suits for the recov- ery of the said debts, or to compound the same, as he may judge most expedient; to defend any and all suits against the said firm . to execute all such paper writings and acquittances as may be ne- cessary; and generally to do all such acts and things as may bo necessary or proper for the full and complete settlement of all business and concerns of the said co-partnership. Fourth. The said A. B., for himself and his heirs, executors, and administrators, hereby covenants to and with the said D. II. and his assigns, that he will sell and dispose of all the partnership pro- perty and effects to the best advantage ; that he will use his best diligence and endeavors to collect all debts and sums of money due and owing to the said firm ; and that he will truly and faithfully apply the proceeds of said sale, and the moneys collected, to the payment, discharge, and satisfaction of all debts and demands against the said firm, as far as the same will go : and, after dis- charging all such debts, will pay over to the said D. H., or hia assigns, one moiety of any surplus that may remain ; and further, that he will keep full and accurate accounts of all moneys re- ceived by him for goods sold, or debts collected; as well as of moneys paid out, and will render a just, true, and full account therefor to the said D. II. Fifth. The said Do II.. for himself, &c., covenants to and with the gftid A. B., &e., that, upon settlement of accounts if it shal 1 ba ASSIGNMENTS. 181 found that che debts due and owing from the said firm exceed the amount of moneys received from the sale of the said goods, and the debt? collected, he will pay unto the said A. B., or his assigns, one moiety of any balance that may then be duo and owing from the said firm. In testimony whereof, &c., [as in General Form of Assignment .] Assignment of Partnership Property and Debts by one Part- ner to Another for a Certain Sum. THIS Indenture' of two parts, made and concluded this day of , in the year of , by and between D. H., of New-York, printer, of the first part, and J. B., of New-York, printer, of tho second part, witnesseth : That, whereas, tho said parties were lately co-partners in the business of printing, which partnership was dissolved and deter- mined on the day of last ; and whereas many debts, due and owing to the said parties on account of their paid co-partner- ship, are still outstanding, and debts due by the said firm are yet unpaid ; and whereas it is agreed that the said party of the second part shall assign and release to the said party of the first part all his interest in the stock in trade, goods, and effects, belonging to the said firm, and in the debts now owing to the said firm, and tnat the said party of the first part shall assume aH the debts and lia- bilities of the said firm, and shall discharge and indemnify the said party of the second part from all liabilities and losses arising from the said partnership : Now, therefore, in pursuance of tho said agreement, and in con- sideration of the sum of , paid and secured to the said J. B., he, the said J. B., doth hereby fully and absolutely sell, assign, re- lease, and make over to the said D. H. all his riglit, title, interest, and share, in and to all the stock in trade, goods, merchandise, ma- chinery, tools, books, leasehold premises, and effects, belonging to the said partnership, of whatever kind or nature, and wheresoever situated ; also, all his right, title, and interest in and to all tho debts and sums of money now due and owing to the said firm whether the same be by bond, bill, note, or account, or otherwise and the said J. B. doth hereby make and appoint ihc said D. II. his executors, administrators, and assigns, to be his attorney and attorneys, to receive all and several tho debts and sums of money above mentioned, to his and their own use and benefit; and dotn hereby authorize the said D. II., his executors, &c., to demand, col- lect, and sue for the said debts and sums of money, and to use his, tne said J. B. J s name in any way or manner that the collection, re- covery, and realization of the said debts and demands may render neceseary, as well in court as out of court, but at their own proper costs and charges, and without cost or damage to the said J. IJ 182 ASSIGNMENTS. And the said J. B. doth hereby further authorize the said D. H. to convey and transfer to his own name, and for his own use and benefit, any and all sums of money and effects, real and personal estate, which maybe taken or received in the name of the said firm, and to hold the same free from all claims by the said J. B., his executors, administrators, or assigns. And these presents further witness, that, inpursuance of the said agreement, the said D. II., for himself, his executors and administra tors, doth hereby covenant to and with the said J. B., his executors and administrators, that he, the said D. H., and his, &c, shall pay and discharge, and at all times hereafter save harmless and indem- nify, the said J. B., his, &c. ; from and against all and every the debts, duties, and liabilities, which, at the dissolution and termina- tion of the said partnership, were due and owing by the said firm to any person or persons, for any matter or thing touching the said partnership, and of and from all actions, suits, costs, expenses, and damages, for, or concerning the said debts, duties and liabili- ties, unless the said J. B. shall have contracted any debts or in- curred any liabilities, in the name, and on account of the said firm, which are unknown to the said D. H., and do not appear in the books of the said firm ; for which, if any such exist, the said D. H. does not hereby intend to make himself responsible. In testimony whereof, &c., [As in General Form of Assignment.] Assignment of a Bond by Endorsement, KNOW all men by these presents, that I, the within named A. B. for, and in consideration of the sum of , to me paid by C. D of , at or before the sealing 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 C. D., his executors, adminstrators and assigns, the within written bond or ob- ligation, and the sum of , mentioned in the condition thereof, together with all interest due and to grow due for the same, and all my right, title, interest, claim, and demand, whatsoever, of; in, and to the same. And I authorize the said C D., in my name to demand, sue for, receive, have, hold and enjoy the said sum of , and interest, to his own use absolutely forever. In testimony, &c. [as in General Form of Assignment.} Assignment of a Judgment To all persons to whom these presents shall come, A. B. of ? sends greeting : WHEREAS, I, the said A. B., lately recovered judgment, in the court of, &c., holden at , on , against C. D M cf , for ASSIGNMENTS. the sum of, &c., iebt or damage, and the sum of, &e., eoals of the said suit, as by the record of said judgment doth appear ; upon which judgment execution hath lately been sued forth. Now, know ye, that I, the said A. B., in consideration of the BlLm of ,'to me paid by E. F., of r (the receipt whereof I do hereby acknowledge,) have granted, assigned, and trans- ferred, and by these presents do grant, &e., unto the said E. F., his executors, administrators, and assigns, the said judgment, and all and singular the sum and sums of money, benefit and ad- vantage whatsoever, that now can or shall or may hereafter be ob- tained by reason or means of the same, or any execution thereupon now had or to be had, sued or executed, and all the state, right, title, interest, and demand, whatsoever, which I, the said A. B.,have or ought to have or claim, of, in, or to the said judgment, or any Bum of money, lands, or tenements, which by virtue of any process or execution thereupon issued, or to be issued, shall or may be re- covered, obtained, or gotten. And I do hereby make, constitute, and appoint the said E. F. my attorney irrevocable, in my name, but at the proper charges of the said E. F. , and to his own us to prosecute the said execution upon the said judgment, and cause the said execution to be levied on any real estate of the said C. D., and upon composition concerning the premises, to acknowledge satisfaction of the same, and generally to do all anJ every such other act and acts as shall be requisite in "and about the premises. And I, the said A. B., for myself, my executors, and administrators do covenant, promise, and agree, to and with the said E. F., his ex centers, administrators, and assigns, that I have never released or discharged, and that I will not release or discharge the said judg- ment,, or any execution which hath been, or shall be thereupon sued or executed ; and that I, my executors or administrator, shall not make or do any release, act or thing whatsoever, whereby the said judgment or any execution which hath been or shall be there- upon sued or executed by the said E. F. or his assigns shall be in any manner frustrated hindered, debarred, or extinguished. And I do further covenant that I will, and my heirs, executors, and adminis- trators shall, upon the reasonable request, and at the charges of the said E. F. hia heirs or assigns, grant and release to him and them forever, all such real estate as shall be levied upon by him or them, in my name, and by virtue of such execution. In teatimoi y, &c., [as in General Farm of Assignment.} Assignment of a Deed. KNOW all men by these presents, that A. B., the grantee -withia named, and Mary his wife, for and in consideration of the sum of nine hundred dollars, to them in hand paid by C. P , of, &o., at and before the sealing and delivery hereof, (the receipt whoroaf is 184 ASSIGNMENTS hereby acknowledged,) have granted, bargained, sold, assigned, and set over, and by these presents do grant, bargain, sell, assign, and set over, unto the said C. D., his heirs and assigns, all the within-mentioned messuage, tenement, and tract of land, contain- ing, e. ; together with all and singular the rights and appurte- nances whatsoever, thereunto belonging, and tho reversions and remainders, rents, issues, and profits thereof. To have and to aold the said messuage, tenement, and tract of land, hereby granted and assigned, or mentioned or intended so to be, with the appurtenances, 'unto the said C D., his heirs and assigns, to the only proper use and behoof of the said C. D., his heirs and assigns, forever. And the said A. B., and his heirs, the said hereby granted and assigned premises, with the appurtenances, unto tho said C. D., his heirs and assigns, against him, the said A. B., and his heirs, and against all and every other person or persons whomso- ever, lawfully claiming by, from, or under him, them, or any of them, shall and will warrant and forever defend. In testimony, &c., [as in General Form of Assignment.] Assignment of a Lease. KNOW all men by these presents, that I, the within-named A. B., the lessee, for and in consideration of the sum of one thousand dol- lars, to me in hand paid by C. D., of, &c., at and before the seal- ing and delivery hereof, (the receipt whereof I do hereby acknow- ledge,) have granted, assigned and set over, and by these presents do grant, assign and set over, unto the said C. D., his executors, administrators, and assigns, the within indenture of lease, and all that messuage, &c., thereby demised, with the appurtenances ; and also all my estate, right, title, term of years yet to come, claim, and demand whatsoever, of, in, to, or out of the same. To have and to hold the said messuage, &c., unto the said C. D., his execu^ tors, administrators, and assigns, for the residue of the term with- in mentioned, under the yearly rent and covenants within reserved and contained, on my part and behalf to be done, kept and per- formed. In testimony, c., [as in General Form of Assignment.] Assignment of a Mortgage. KNOW all men by these presents, that I, A. B. the mortgagee within named, for and in consideration of the sum of sixteen Hun- dred dollars, to me paid by C. D., of, c., at and before the sealing and delivery hereof, (the receipt whereof is hereby acknowledged.) have granted, bargained, sold, assigned and set over, and by tuese presents do p-ant, bargain, sell, assign and set over, unto the said C. D.. his hei s, executors, administrators and assigns, the within deed of mortgage, and all my right and title to that messuage, &o ASSIGNMENTS. 183 therein mentioned and described, together with the original debt for which the said mortgage was given, and all evidence thereof, and all the rights and appurte-nances thereunto belonging. To have and to hold all and singular the premises hereby granted and assigned, or mentioned, or intended so to bo, unto the said C. D., his heirs and assigns, forever; subject, nevertheless, to the right and equity of redemption of the within-named E. F., his heirs and assigns, (if any they have.) in the same. In testimony, &c., [as in General Form of Assignment.} Assignment of a Patent. WHEREAS, letters patent, bearing date day of , in the year , were granted and issued by the government of the United States, under the seal thereof, to A. B., of the town of , in the county of , in the State of ; for [here state the na- ture of the invention in general terms, as in the patent,] a more particular and full description whereof is annexed to the said let- ters patent in a schedule by which letters patent the full and ex- elusive rig^t and liberty of making and using the said invention, and of vending the same to others to be used, was granted to tho said A. B., his heirs, executors, administrators, or assigns, for the term of fourteen years from the said date : Now know all men by these presents, that I, the said A. B., foi and in consideration of the sum of dollars, to mo in hand paid, (the receipt whereof is hereby acknowledged,} have granted, assigned, and set over, and by these presents do grant, assign, and set over, unto C. D., of Jhe town of , in the county of , and State of , his executors, administrators, and assigns, for- ever, the said letters patent, and all my right, title and interest, in and to the said invention, so granted unto mo : To have and to hold the said letters patent and invention, with all benefit, profit and advantage thereof, unto the said C. D., his executors, administra iors, and assigns, in as full, ample, and beneficial a manner, to all Intents and purposes, as I, tho said A. B., by virtue of the said let- ters patent, may or might have or hold the same, if this assignment had not been made, for and during all the rest and residue of the said term of fourteen years. In testimony, &c., [as in General Form of Assignment.] Assignment of Debt. KNOW all men by these presents that we, S. and T., booksellers, in consideration of the sum of dollars, paid to them by A. B., of , in the county of , (the receipt of which is hereby ac- knowledged,) do hereby sell, assign, and transfer unto the said A, 186 ASSIGNMENTS. B., all their claims and demands against J. S., of said , fur debts due to the said S. & T. ; and all actions against said J. S., now pend- ing in their favor, and all causes of action whatsoever against him And the said S. & T. do hereby nominate and appoint the said A B., his executors and administrators, their attorney or attorneys ir- revocable j and do give him and them full power and authority to institute any suit or suits against said J. S., and to prosecute the same, and any suit or suits which are now pending for any cause or causes of action, in favor of said S. & T., against said J. S., to final judgment and execution ; and any executions for the cause or causes aforesaid, to cause to be satisfied by levying the same on any real or personal estate of the said J. S., and the proceeds thereof to take and apply to his or their own use ; and in case of levying said executions on any real estate, the said S. & T. hereby empower the said A. B., his executors and administrators, to sell and pass deeds to convey the same, for such price or consideration, and to such person or persons, and on such terms, as he or they shall deem expedient; or, if he or they prefer it, to execute any con- veyances that may be necessary to vest the title thereof in him or them, as his or their own property ; but it is hereby expressly stipulated that all such acts and proceedings are to be tft the prop- er costs and charges of the said A. B.,his executors and adminis- trators, without expense to the said S. & T. And the said S. & T. do further empower the said A. B., his execu- tors and administrators, to appoint such substitute or substitutes as he or they see fit, to carry into effect the objects and purposes of this authority, or any of them, and the same to revoke from time to time at his or their pleasure ; the said S. & T. hereby ratifying and confirming all the lawful acts of the said A. B., his, &c., in pursuance of the foregoing authority. In testimony, &c., [as in General Form of Assignment.] Assignment of a Policy of Insurance. KNOW all men by these presents, that I, the within-named A. B. for and in consideration of the sum of , to me paid by C. D., of, &c., (the receipt whereof is hereby acknowledged,) have granted, sold, assigned, transferred, and set over, and by these pres- ents I do absolutely grant, sell, assign, transfer, and set over to him the said C. D., all my right, property, interest, claim and de- mand in and to the within policy of insurance, which have already arisen, or which may hereafter arise thereon, with full power to use my name so far as may be necessary to enable him fully to avail himself of the interest herein assigned, or hereby intended fco be assigned. The conveyance herein made, and the powers here- by given, are for myself and my legal representatives to said G D. and his legal representatives^ Jn testimony, &c., [as in, General Fnrm of Assignment J ASSIGNMENTS, ETC. 187 Assignment of Demand for Wages or Debt. Li consideration of $100 to me in hand paid by M. D., of tho city of , the receipt whereof is hereby acknowledged, I, L. C., of the same place, have sold, and by these presents, do sell, assign, transfer, and set over, unto the said M. D., a certain debt due from N. E., amounting to the sum of $150, for work, labor, and services by me performed for the said JST. E., (or for goods sold and delivered to the said N. E.,) with full power to sue for, collect and discharge, or sell and assign the same in my' name or otherwise, but at his own cost and charges ; and I do hereby covenant that the said sum of $150 is justly due as afore- said, and that I have not done, and will not do any act to hin- der, or prevent the collection of the same by the said M. D. Witness my hand, this April 10th, 1863. L. C. Assignment of Account Endorsed Thereon. In consideration of $1, value received, I hereby sell and as- sign to M. D., the within account which is justly due from the within named N. E., and I hereby authorize the said M. D., to collect the same. L. C. Troy, April 10th, 1863. Contractor's Notice of Lien. To S. C., Town clerk of the town of , in the county Q Take notice tJiat I, a resident of said town, have, or claim to have, a lien upon the building hereinafter described and the ap- Eurtenances, and the lot upon which the same stands, as security >r the amount due me in pursuance of the statute in such case made and provided. That said building is known as No. 50 on Main street in , or stands on the lot bounded and descri- bed as follows : (insert description,) and said house and lot is owned by C. D.* That the claim against said lot or the owner thereof is for work, labor and services as carpenter and joiner, and for materials furnished by me as the contractor with the said C. D. for the building altering or repairing said house, under and in pursuance of an agreement made with said C. D., that 188 ASSIGNMENTS, ETC. days have not elapsed since the performance and comple- tion of such labor (or the furnishing the materials.) . Yours, &c., June 13th, 1863. A. B. Notice of Lien by other Person than Contractor. (As in the last form to the* and then as follows :) That the claim against said C. D., is for work by me performed as a carpenter and joiner, for three months' labor performed by me on said building in pursuance of an agreement with A. B., the contractor, amounting to $150 (or is for a large quantity ol lumber and building materials furnished for and used in the erection of said house in pursuance of an agreement with said A. B. amounting to the sum of $75,) and that days have not elapsed since the performance and completion of said labor, (or since the said materials were furnished.) Yours, &c., E. F. June 13, 1863. N. B. The number of days (left blank in the above Forms,) must be filled in, in accordance with the requirements of the Lien Law in each State, as well as the names of the towns or cities and counties in each state. ASSIGNMENTS. 180 .Assignment of a Seaman's Wages. To all persons to whom these presents shall come, A, B., of, &o. sends greeting : Know ye, that I, the said A. B., for and in consideration of the 3 Um of , in which I am justly indebted to C. D., of, &c,, have hereby assigned, sold, and set over, and by these presents I do hereby assign, sell, and set over, unto the said C. D., all such sum or sums of money as are now due and owing to me, the said A. B., for wages or services on board the ship or vessel called the from the master or owner of said vessel, on board of which vessel I served as a mariner on her voyage from to , which has re- cently terminated. And to enable the said C. D. the hetter to recover and receive the same, I do hereby appoint him, the said C. D., my at- torney irrevocable, with full power, in my name, but at his charge, to prosecute any and all persons liable therefor, and receive and recover the same, and give discharge therefor. [Add covenants that A. B. has not released, and that he will give further assurance.] In witness whereof, &c. Assignment by a Debtor to Trustees, FOR THE BENEFIT OF HIS CREDITORS. THIS Indenture, made the day of , eighteen hundred and , by and between A. B., of , merchant, of the first part, C. D., of , of the second part, and the several persons, creditors of the said party of the first part, who have executed or shall hereafter execute or accede to these presents, of the third part, witnesseth : That, whereas, the party of the first part is indebted to divers persons in considerable sums of money, which he is at present un- able to pay in full, and he is desirous to convey all his property for the benefit of all his creditors, without any preference or priority other than that provided by law : Now, the party of the first part, in consideration of the premises, and of one dollar paid to him by the party of the second part, here- by grants, bargains, sells, assigns, and conveys, unto the party of the second part, and his heirs and assigns, all his lands, tenements, here- ditaments, goods, chattels, property, and choses in action, of every name, nature, and description, wheresoever the same may be, except such property only as is exempted by law from attachment. To have and to hold the said premises unto the said party of the second part, and his heirs and assigns , But in trust and confidence, nevertheless, to sell and dispose of the said real and personal estate, and to collect the said choses in action, using a reasonable discretion as to the times and modes of soiling and disposing of said estate, as it respects making Bales for 10 BILLS OF SALE. cash or on credit, at public auction or by private contract, and with the right to compound for the said choses in action, taking a part for the whole, where the trustee shall deem it expedient so to do ; then in trust to dispose of the proceeds of the said property in the manner following, viz. : First, To pay all such debts as by the laws of the United States or of this State are entitled to a prelferenoe in such cases ; Second, To pay the costs and charges of these presents, and the expenses of executing the trusts declared in these presents Third, To distribute and pay the remainder of the said proceed to and among all the parties of the third part, rateably, in propor. tion to their respective debts ; [or, if there is a statute regulating the distribution, say,] according to the true intent and meaning of ar act entitled " An Act," &c. ; And, if there should be any surplus, after paying all the parties of the part in full, then in trust, Fourth, To pay over such surplus to the party of the first part, his executors, administrators, or assigns. And the party of the first part hereby constitutes and appoints the party of the second part his attorney irrevocable, with power of substitution, authorizing him, in the name of the party of the first part, or otherwise, as the cabe may require, to do any and all acts, matters, and things, to carry into efiect the true intent and meaning of these presents, which the party of the first part might do if personally present. And the party of the second part, hereby accepting these trusts, covenants to and with each of the other parties hereto, to execute the same faithfully. And the party of the first part hereby covenants with the said trustee, from time to time, and at all times when requested, to give him all the information in his power respecting the assigned property, and to execute and deliver all such instruments of further assurance as the party of the second part shall be advised by coun- sel learned in the law to be necessary in order to carry into full efiect the true intent and meaning of these presents. And the parties of the third part, by signing and sealing these presents, express their assent to this assignment, and accept the provision for them made herein, pursuant to the statute aforesaid In testimony whereof, &c., [as 'in General Form of Assignment.] BILLS OF SALE. A PROMISE to give goods or chattels, without a consideration of delivery, is of no effect. A bill of sale from A. to B. t for the pur- poso of avoiding responsibility to C., is fraudulent and void. BILLS OP SA.LE. 191 If A. is in debt to creditors, and continues to hold property that he, by a bill of sale, has conveyed to B., fraud will be presumed, unless it can be made to appear by B., before a jury, that the sale was made without collusion, secret or implied, and in good faith. The jury have the power to determine the fairnesss or unfairness of the sale. A valuable consideration, or a legitimate debt, must be shown in evidence of good faith, or the sale will be ignored. A bill of sale should be accompanied by a seal after the nanio of the assignor, sealed instruments always having more weight in law than those without. Common Bill of Sale. KNOW all men by these presents, that I, A. B., of the town of , in the county of , and State of , of the first part, for and in consideration of the sum of dollars, lawful money of the United States, to me paid by C. D., of, &c., 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, the one equal, undivided half of six acres of wheat, now growing on the farm of 0. S., in the town of aforesaid, one black horse, two oxen, and forty sheep, belonging to me, and now in my pos- session, at the place last aforesaid : Jo?*, u all the goods, wares, merchandise, chattels, and effects mentioned and described in the schedule hereunto annexed, and marked A ?*) to have and to hold the same unto the said party of the second part, his executors, ad- ministrators, and assigns, forever. And I do, for myself, m^r heirs, executors, and administrators, covenant and agree, to and with the said party of the second part, his executors, administrators and assigns, to warrant and defend the sale of the said property, goods, and chattels hereby made, unto the said party of the second part, his executors, administrators, and assigns, against all and every person and persons whatsoever. In witness whereof, I have hereunto set my hand and seal thig day of , one thousand eight hundred and sixty. Signed, sealed, and delivered ) A. B. [L s.] in presenc.e of ) M. T. Bill of Sale of Goods. KNOW all men by these presents that I, A. B., of , mor chant, for and in consideration of the sum of nine hundred dollars* 192 BONDS. to me in hand paid by C. D., of the same place, at and before the scaling and delivery of these presents, (the receipt whereof is here- by acknowledged,) have bargained, sold, and delivered, and by these presents do bargain, sell, and deliver, unto the said C. D., [here insert the particulars of the goods sold, or, say, " all the goods, wares, merchandise, chattels, and eifects mentioned and de- scribed in the schedule hereunto annexed, and marked A.' ; ] To have and to hold the said goods unto the said C. D., his executors, administrators, and assigns, to his and their own proper use and benefit forever. And I, the said A. B., for myself and my heirs, executors, and administrators, will warrant and defend the said bar- gained goods unto the said C. D., his executors, administrators, and assigns, from and against all persons whomsoever, fa witness, &c., [as in Common Bill of Sale.] Bill of Sale of a Registered or Enrolled Vessel. KNOW all men by these presents, that I, A. B., of, &c.. owner of the brig, or vessel, called the " Isabella/' of the burden of tons, or thereabouts, now lying at the port of , for and in con- sideration of the sum of dollars, lawful money of the United States, to me paid by C. D<, of the place aforesaid, the receipt whereof I hereby acknowledge, have bargained and sold, and by these presents do bargain and sell unto the said C. D., his execu- tors, administrators, and assigns, all the hull or body of said brig, or vessel, together with the masts, bowsprit, sails, boats, anchors, cables, spars, and all other necessaries thereunto appertaining and belonging : the certificate of the registry of which said brig, or vessel, is as follows, to wit : [copy certificate of registry.] To have and to hold the said brig or vessel, and appurtenances thereunto belonging, unto the said C. D., his executors, administrators, and assigns, to his and their proper use, benefit, and behoof forever. And I do for myself, my heirs, executors, and administrators, cov- enant and agree, to and with the said C. D., his executors, admin- istrators, and assigns, to warrant and defend the said brig, or vessel, and all the before-mentioned appurtenances, against all and every person and persons whomsoever. In witness, &c., [as in Common Bill of Sale.] BONDS. A bond is the acknowledgment of a debt, duty, or obligation and it is immaterial what mode of expression is used, provided the language be sufficient to establish an acknowledgment of a debt BONDS. 198 All persons legally capable of making a contract, ma\ bind them- selves in a bond. Payment may be pleaded in an action on a bond for the payment of money, though not made strictly according to the condition ; and if the amount due thereon be paid after the commencement of suit, and before judgment, the action will be discontinued. The sum equitably due, by virtue of the condition of a bond, may Do set off in any action where a set-off is allowed. A bond required by law to be given, will be deemed sufficient, if it conform substantially to the form thereof prescribed by the statute, and do not vary in any matter, to the prejudice of the rights of the party to whom, or for whose benefit, such bond shall be given. The amount of the judgment rendered on a bond conditioned for the payment of money, is the penal sum, which is usually double the amount of the condition, in order to cover interest and costs. A joint and several bond and warrant of attorney, signed by three persons, will not authorize a separate judgment against one but only a joint judgment against all. An action on a sealed instrument must be brought within twenty years after a right of action accrues. A bottomry bond is an obligation founded on the joint security of a ship and its owners, and given for money borrowed, which is to be repaid on the successful termination of a voyage. At home, the bond is executed by the owners, or the master, as their agent. In a foreign country, the master has full authority to bind the owners, and pledge the ship and cargo, by a bottomry bond, in cases of ne- cessity. Any amount of interest may be exacted, so long as the sea risk continues, irrespective of the usury laws ; but when that terminates, the obligation will only draw legal interest. Respon- dentia is a contract similar to bottomry, except that the loan ia made upon tbe chance of the safe arrival of the cargo. Like bot- tomry, it is uaad in cases of emergency Common Bond, with Condition. KNOW all men by these presents : That I, A. B., of the town of , in tho county of , and State of New- York, am held and I(H BONDS. Snnly lound unto C D., of, t%c., in the sum of one thousand dollars, lawful money of the United States, to be paid to the said C. D, his executors, administrators, or assigns : for which payment, well and truly to be made, I bind myself, my heirs, executors, and ad- ministrators, firmly by these presents. Sealed with my seal. Dated, the day of , one thousand eight hundred and . The condition of the above obligation is such, that if the above bounden A. B., his heirs, extcutors, or administrators, shall well and truly pay, or cause to be paid, unto the above named C. D., hia executors, administrators, or assigns, the just and full um of five hundred dollars, in five equal annual payments, from the date here- of, with annual inti^est, then the above obligation to be void ; other- wise to remain in fih.1 force and virtue. Sealed and delivered ) A. B. [L. s.] in presence of G. H. Bond Several Payments. KNOW all men by these presents : fcc., [as in Common Bond, end tktn add :\ the just and full sum of five hundred dollars : in man- ner following, that is to say : the sum of one hundred dollars on the tenth day of next ; the sum of two hundred dollars on the day of , IS ; and the remaining sum of two hun- dred dollars in one year from the said last mentioned date, together with the legal interest on the whole sum remaining unpaid at the time of each pavment : then the above obligation to be void ; else to remain in lull force and virtue. Sealed, Ac., [a* in Common Band.] Bond, with Interest Condition. KNOW all men by these presents: Ac., [as in Common Bond, and then add :] the just and full sum of five hundred dollars, on the day of , in the year of our Lord, IB, and the legal in- terest thereon, to b computed from the day of the date hereof! and to be be paid semi-annually, on the second *day of January ana* the first day of July, in each and every year j then the above obliga- tion 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 said interest, or of any part thereof, on any day where- on the same is made payable, as above expressed, and should the same remain unpaid and in arrear for the space of sixty days, then, and from thenceforth, that is to say, after the lapse of the said six- ly days, the aforesaid principal sum of five hundred dcllart with BONIW. 105 all arrearages of interest thereon, shall, at the option of the said C. D., bis 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 ; any thing herein before contained to the contrary thereof, in any wise notwithstanding. Sealed, &c., [as in Common Bond.] Bond to a Corporation. KNOW all men by these presents : That I, A. B., of, &c., am held and firmly bound unto the Insurance Company, in the sum of one thousand dollars, lawful money of the United States, to be paid to the said Insurance Company or assigns j for which pay- ment, well and truly to be made, 1 bind myself, my heirs, executors and administrators, firmly by these presents. Sealed with my seal. Dated the day of , one thousand eight hundred and . The condition of the above obligation is such, that if tne above bounden A. B., his heirs, executors, or administrators, shall well and truly pay or cause to be paid, unto the above named In- surance Company, or assigns the just and full sum of, &c., \as in Common Bond.} Bond to Executors. KNOW all men by these presents : That I, A. B. ; of, &c., am held and firmly bound, unto E. F. and L. M., of, &c., executors of the last will and testament of S. T., deceased, late of, &c., in the sum of one thousand dollars, lawful money of the United States, to be paid to the said E. F. and L. M., executors as aforesaid, the survi- vors, or survivor, or his or their assigns ; for which payment, well and truly to be made, I bind myself, my heirs, executors and ad- ministrators, firmly by these presents. Sealed with my seal Dated the day of , one thousand eight hundred and . The condition of the above obligation is such, that if the above oounden A. B., his heirs, executors, or administrators, shall well and truly pay, or cause to be paid, unto the above named E. F. and L. M., executors as aforesaid, the survivors, or survivor, or his or their assigns, the just and full sum of, &c., [as in Common Bond.] Legatee's Bond. KNOW all men by these presents : T'nat we, A. B. and C. D., of, &c. are held and firmly bound unto E F. and L. M., of, &o., oxeou- 196 BONDS tors of tlto last will and testament of S. T. deceased, late of the town of , in the sum of one thousand dollars, lawful money of the United States, to be paid to the said E. F. and L. M., execu- tors, as aforesaid, the survivors, or survivor, or his or their 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. Dated the day of , one thou sand eight hundred and . Whereas, in and by the last will and testament of the said S. T., ieceased, a legacy of one hundred dollars is bequeathed to the is.aid A. B., which has been paid to him by the said E. F. and L. M. ; executors as aforesaid : Now the condition of this obligation is such, that if any debts against the deceased, above named, shall duly appear, and which there shall be no other assets to pay, and if there shall be no other assets to pay other legacies, or not sufficient, that then the said A B. shall refund the legacy so paid, or such rateable proportion thereof, with the other legatees of the deceased, as may be neces- sary for the payment of such debts, and the proportional parts of other legacies, If there be any, and the costs and charges incurred by reason of the payment of the said A. B. ; and that if the pro- bate of the will of the said deceased be revoked, or the will de- clared void, then the said A. B. shall refund the whole of the lega- cy, with interest, to the said E. F. and L. M., their executors, admin- istrators, or assigns. Sealed, &c., las in Common Bond.] A. B. [L. s.l C. D. [L. s.] Indemnity Bond to Sheriff. KNOW all men by these presents ; That we, A. B., L. G., and H. R., are held and firmly bound unto C. D., Sheriff of the county of ; Whereas the above bounden A. B did obtain a judgment in the Supreme Court of the State of New York, on the day of -, 18 , against E. F., for dollars and cents, damages and costs, whereupon execution has been issued, directed and de- livered to the aid C. D., Sheriff, as aforesaid, commanding him, that of the goods and chattels of the said E. F., he should cause to be made the damages and costs aforesaid. And, whereas, certain goods and chattels that appear to belong to the said E. F., are claimed by L. M., of, &c. : Now, therefore, the condition of this ob- ligation is such, that if the above bounden A. B. shall well and truly keep and bear harmless, and indemnify the said C. D., Sheriff as aforesaid, and all and every person and persons aiding and as- sisting him in the premises, of and from all harm, let, trouble, damages, costs, suits, actions, judgments, and executions, that shall^ or may, at any time arise, come, 01 be brought against him, them. BONDS. 197 . or any of them, as well for the levying and making sale, under and ly virtue of such execution, of all or any goods and chattels which he or they shall or may judge to belong to the said E. F., as for entering any shop, store, building, or other premises, for the taking of auy such goods and chattels, then this obligation to be void; else to remain in full force and virtue. Sealed, &c., [as in Common Bond.] Bond, with. Warrant of Attorney to confess Judgment. KNOW all men, &c., [as in Common Bond, and then add :] tho just and full sum of five hundred dollars, on demand, then the above obligation to be void else to remain in full force and virtue. Sealed, &c., [as in Common Bond.] A. B. [L. s.j Whereas I, A. B., of, &c., am held and firmly bound unto C. D., of, &c., by a certain bond or obligation, of this date, in the penal sum of one thousand dollars, conditioned for the payment of five hundred dollars, on demand : Now, therefore, I do authorize and empower any attorney, in any court of record in the State of New- York, to appear for me at the suit of the said obligee, or his rep- resentatives, in an action of debt, and confess judgment against me upon the said bond or obligation, or for so much money bor- rowed, of any term, or vacation of term, antecedent or subsequent to this date and to release to the said obligee all errors that may intervene in obtaining said judgment, or in issuing execution on the same. Signed and sealed this day of , A. D., 18 . In presence of ) A. B. [L. s.l G. H. j Bond to execute a Conveyance, Know all men, &c., [as in Common Bond to the condition, and then add :] The condition of the above obligation is such, that if the above bonnden A. B., on or before the day of next, or, in case of his death before that time, if the heirs of the said A. B., within three months after his decease, (if such heirs shall then be of full age, or, if within age, then within three months af- ter such heirs shall be of full age,) shall and do, upon the reason ible request, and at the cost and charge of the said C. D., his heirs or assigns, make, execute, and deliver, or cause so to be, a good %-nd sufficient warranty deed, in fee simple, free from all incum- brance, and with the usual covenants, of the following described premises, to wit: all, &c., [describe the premises :] then the above 3biigation to be void ; else to remain in full force and virtue.* Sealed, &c., [as in Common Bond.] * Tbe a'x>ve form may be readily varied, if tiie condition should be to procure an heif at Ivw to convey, when of age ; and a clause may be added to warrant and defend the i the quiet enjoyment of the premises, until such conveyance be executed* 198 BONDS. Bond of an Officer of a Bans, or Company. Know all men, &c. : [as in Bond to a Corporation, substituting the name of the bank for that of the company, if necessary, and then add:] Whereas the above boundeu A. B. has been chosen and ap- pointed cashier, [or, teller, or, treasurer, as the case may be,] of the Company ; [or, bank ;] by reason whereof divers sums of money, goods and chattels, and other things, the property of the said company, [or, bank,] will come into his hands: Now, there- fore, the condition of the above obligation is such, that if the said A. 13., his executors, or administrators, at the expiration of his said office, upon request to him or them made, shall make or give unto the said company [or, bank,] or their agent, or attorney, a just and true account of all such sum or sums of money, goods and chattels, and other things, as have come into his hands, charge, or posses- sion, as cashier, for, teller, or, treasurer,] as aforesaid, and shall and do pay and deliver over to his successor in office, or any other per son duly authorized to receive the same, all such balances, or sums of money, goods and chattels, and other things, which shall appear to be in his hands, and dus by him to the said company ; [or, bank ;] and if the said A. B- shall well and truly, honestly and faithfully, in all things, serve the said company, [or, bank.] in the capacity of cashier, [or, teller, or, treasurer,] as aforesaid, during his continu- ance in office, then the above obligation to be void : else tc remain in full force and virtue. Sealed, &c., [as in Common Bond.] Bond of Indemnity to a Surety in a Bond. Know all men, &c. : [05 in Common Bond to the condition, and then add :] Whereas the said C. D., at the special instance and re- quest of the above bounden A. B.. has bound himself, together with the said A. B., unto one E. F., of, &c., in a certain obligation, bearing even date herewith, in the penal sum of one thousand dol- lars, lawful money of the United States, conditioned for the pay- ment of the sum of five hundred dollars, due and owing by tho said A, B. to the said E. F., on, &c. : fos in the bond ; or, if a bail bond be referred to, say conditioned for the appearance of the Baid A. B., &c. : or, conditioned that the said A. B. shall put in special bail, &c. ] Now, therefore, the condition of the above ob ligation is such, that if the said A. B. shall well and truly perform and fulfil the condition of the said bond executed to the said E. F., in manner and form as he is therein required to do, and at all times hereafter save harmless the said C. D., his heirs, executors and administrators, of and from the said obligation, and of and from all actions, cosks and damages, for or by reason thereof, then this obligation to be void ; else to remain in full force and virtue Sealed, &c., ; [as in Common Bond.] BONDS 1 99 Bond of Indemnity on paying Lost Note. Know all men, &c. ; [asm Common Bond :\ Whereas, the said C D., on the day of , 18 , did make, execute and delivor unto the above bounden A. B., for a valuable consideration, hia promissory note, for the sum of one hundred dollars, written duo and payable, on or before the day of , then next, with in- terest, which said promissory note the said A. B. ? since the delivery of the same to him, as aforesaid, has in some manner, to him un known, lost out of his possession ; and whereas the said 0. D. hath thi day paid unto the said A. B. the sum of dollars, the re- ceipt whereof the said A. B. doth hereby acknowledge, in full sat- isfaction and discharge of the said note, upon the promise of the said A. B. to indemnify and save harmless the said C. D. in the premises, and to deliver up the said note, when found, to the said C. D., to be cancelled : Now, therefore, the condition of this obli- gation is such, that if the above bounden A. B., his heir&, execu tors, or administrators, or any of them, do and shall, at all times hereafter, save and keep harmless the said C. D., his heirs, execu- tors, and administrators, of, from, and against the promissory note aforesaid, and of and from all costs, damages and expenses, that shall or may arise therefrom j and also deliver, or cause to be de- livered up the said note, when found, to be cancelled, then this obligation to be void ; else to remain in full force and virtue. Sealed, &c., [as in Common Bond.] Bond for Performance, to be endorsed on a Contract or Agreement. Know all men, &c. : [as in Common Bond :] The condition of his obligation is such, that rf the above bounden A. B., his execu- ors, administrators, or assigns, shall, in all things, stand to and abide by, and well and truly keep and perform, the covenants, con- ditions and agreements in the within instrument contained, on hia or their part to be kept and performed, at the time, and in the man- ner and form therein specified, then the above obligation shall be ?oid ; else to remain in full force and virtue. Sealed, &c., [as in Common Bond. ] Bottomry Bond. Know all men by these presents, that I, A. B., master, and one third owner of the ship Isabella, for myself and C. D., who owns the other two thirds of said ship, am held and firmly bound unto E. F., in the penal sum of two thousand dollars, lawful money, for the payment of which to the said E. F., his heirs, executors, ad- ministrators, or assigns, I hereby bind myself, my heirs, executors and administrators, firmly by these presents. Sealed with my seal. Dated, the day of A. D., 18 . Whereas the above bounden A. B. hath taken up and received 200 CnAITEL MORTGAGES. of the said E. F. the just and full sum of one thousand dollars, which sum is to run at respondent, on the block and freight of the said Isabella, whereof the said A. B. is now master, from the port of , on a voyage to the port of , having permission to touch, stay at, and proceed to call, at all ports and places within the limits of the voyage, at the rate of premium of per cent, for the voyage : In consideration whereof, usual risks of the sea, rivers, enemies, fires, pirates, &c., are to be on account of the said E. F. And for further security of the said E. F., the said A. B. doth, by these presents, mortgage and assign over to the said E. F., his heirs, executors, administrators, and assigns, the said ship Isabella and her freight, together with oil her tackle, apparel, &c. : And it is hereby declared, that the said ship Isabella, and her freight, is thus assigned over for the security of the respondentia taken up by the said A. B., and shall be delivered to no other use or purpose whatever, until payment of this bond is first made, with the premium that may become duo thereon. Now, therefore, the condition of this obligation is such, that if the above bounden A. B., his heirs, executors, or administrators, shall and do well and truly pay, or cause to be paid, unto the said E. F., or to his attorneys, legally authorized to receive the same, his or their executors, administrators, or assigns, the just and full sum of one thousand dollars, being the principal of this bond, to- gether with the premium which shall become due thereon, at or be fore the expiration of twenty days after the arrival of the ship Isa- bella at the port of ; or, in case of the loss of the said ship, such an average as by custom shall have become due on the sal- vage, then this obligation is to be void ; otherwise to remain in full force and virtue. Having signed to three bonds of the same tenor and date, the one of which being accomplished, the other two to be void and of no effect. Sealed and delivered, ) A. B., for self and C. D. [L. s.] in presence of G. H. CHATTEL MORTGAGES. A CHATTEL mortgage from A. to B.. if not accompanied by im- mediate delivery of the property, will be void to A.'s creditors unless the mortgage, or a true copy, be filed in the Clerk's or Re- gister's office of the town, city, or county, where A. resides, and where the property lies at the time of the execution of the instru- ment. The creditors have the right to test the good faith of tho mortgage before a jury, and if collusion can be shown, ifc will bo CHATTEL MORTGAGES. 201 annulled. Until forfeiture by non-performance on the part of A. to comply with the conditions of the mortgage, his interest in it may be levied on and sold by creditors under an execution. Where no time is specified in the mortgage, seven days' notice of the sale is sufficient. Bill of Sale and Chattel Mortgage. KNOW all men by these presents, that I, A. B., of, &c., in con- sideration of one dollar to me paid by C. D., of, &c., the receipt whereof I hereby acknowledge, have, and by these presents do g.-ant, bargain, sell, assign, transfer, and set over, unto the said C . and his assigns, forever, the following goods, chattels, and prop erty, to wit: [specify the articles, or, "as in the schedule annexed and marked A. 7; ] Whereas I, the said A. B., am justly indebted to the said C. D. in the sum of one hundred and fifty dollars, o-n account, for money had and received, and goods sold and delivered, [or, on a promissory note, dated, &c., and due months from date,] to be paid to the said C. D., or his assigns, on the day of , 18 , with the legal interest thereon from the day of the date hereof. Now, the condition of the above bill of sale is such, that if the said A. B. shall well and truly pay to the said C. D., or to his agent, attorney, or assignee, the above-mentioned demand, [or, de- mands,] at the time, and in the manner and form above expressed, and shall keep and perform the covenants and agreements above contained, on his part to be kept and performed, according to the true intent and meaning thereof, then the above bill of sale shall be void : Otherwise, on the neglect and failure of the said A. B. to pay the said demand, [or, demands,] or to keep and perform the said covenants and agreements as above expressed, then, and in that case, the said C. D. and his assigns are hereby authorized and empowered to sell the above described goods, chattels, and prop- erty, [or, the goods, &c., described in the schedule hereunto an- nexed, as aforesaid,] or any part thereof, at public or private sale, at his or their option, and to retain from the proceeds of such sale, in his or their hands, sufficient to pay and satisfy the whole amount of the above-mentioned demand, [or, demands,] with the legal interest thereon, which shall be due at the time of such sale, and all costs, charges, and expenses incurred by the said C. P., or his assigns, in consequence of the neglect and failure of the said A. B., as aforesaid ; rendering the .overplus, if any, to the said A. B., or to his heirs, executors, administratoi-s, or assigns, on demand. [The eaid C. D. and his assigns are hereby authorized, for further secu- rity, to take the said goods, chattels, and property, into his or their possession, at any time he or they may think proper.] 202 CHATTEL MORTGAGES. In witness whereof, I have h3reunto set my hand and seal, this - day of , in the year one thousand eight hundred and sixty. Scaled and delivered ) A. B. [SEAL.] in presence of ) Common Chattel Mortgage. THIS Indenture, made the day of, &c., between A. B., of, &c., of the first part, and C. D., of, &c., of the second part, wit- cesseth : That the said party cf the first part, in consideration of the sum of dollars, to him duly paid, hath sold, and by these presents doth grant and convey, to the said party of the second part, and his assigns, the following described goods, chattels, and property, [here describe them, or refer to them thus-, '' as in the schedule annexed,"] now in my possession, at the of aforesaid; together with the appurtenances, and all the estate, title, an$ interest of the said 'party of the first part therein. This grant is intended as a security for the payment of one hundred and fifty dollars, with interest, on or before the expiration of one year from the date hereof; ani the additional sum of one hundred and sixty dollars, with interest, on the day of , 18 : which payments, if duly made, will render this conveyance void. In witness, &c., [as in Bill of Sale and Chattel Mortgage.] CONDITIONAL CLAUSE AS TO POSSESSION. PROVIDED, nevertheless, [or, And provided also,] that, until do- fault by the party of the first part in the performance of the con- ditions aforesaid, it shall and may be lawful for him to keep pos- session of the property above mentioned and described, and to uso and enjoy th*- same; but if the said party of the first part shall attempt to sell the same, or any part thereof, or to remove tho same out of the county of , without notice to the said party of the second part, or his assigns, and without his, or their, assent to such sale or removal, to be expressed in writing, then it shall bo lawful for the said party of the second part, or his assigns, to take immediate possession of the whole of said property, to his, or their own uso. Chattel Mortgage to Secure a Debt. WHEREAS I, A. B., of the town of , in the county of - t ani State of , am justly indebted unto C. D., of, <fcc., in the sum of dollars, on account, to be paid on or before the day of next, with interest from this date : New, therefore, k consideration of such indebtedness, and in order to secure tho CHATTEL MORTGAGES. 203 ment of the same, as aforesaid, I do hereby sell, assign, transfer and set over, unto tho said C. IX, the property mentioned and de scribed in the schedule hereinuuder written; Provided, however, that if the said debt and interest be paid, as above specified, this gale and transfer shall be void ; and this grant is also subject to tho following conditions : The property hereby sold and transferred is to remain in my possession until default be made in the payment of the debt and interest aforesaid, or some part thereof unless I shall sell, or at- tempt to sell, assign, or dispose of, the said property, or any part thereof or suffer the same unreasonably to depreciate in value-, in which case the said 0. D. may take the said property, or any part thereof, into his own possession. Upon taking said property, or any part thereof, into his posses- sion, either in case of default, or as above provided, the said C. D. shall sell the same at public or private sale ; and after satisfy- ing the aforesaid debt and the interest thereon, and all necessary and reasonable costs, charges and expenses, incurred by him, out of the proceeds of such sale, he shall return the surplus to me or my representatives. In witness, (fee., [as in Bill of Sale and Chattel Mortgage.] STATEMENT TO BE FILED WITH THE COPY, WITHIN THIRTY DAYS PRECEDING THE EXPIRATION OF THE YEAR. COUNTY, TOWN OF , ss. I, C. D.,the mortgagee, [or, E. F., the assignee of C. D., the mort- gagee,] named in the within [or, annexed] instrument, do hereby certify, that the sum of ninety-seven dollars and ten cents is claimed by me to be due thereupon, at the date hereof; which sum con- stitutes the amount of my interest in the property therein men- tioned and described. Dated the day of , 18 . In presence of ) C. D., Mortgagee, F. E. ) [or, M. L. Assignee.] Notice of Sale on Chattel Mortgage. MORTGAGE SALE. BY virtue of a chattel mortgage executed by A. B. to C. D., dated the day of , 18 , and filed in the office of the Register of the city of , [or the County Clerk of the county of : or, the Town Clerk of the town of ,] on the day of , in the year aforesaid, and upon wbich default has been made, I shall soil tho property therein mentioned and described, viz. : [mention 204 PATENTS. t he articles,] at public auction, at the house of , in the city [or, town] of aforesaid, on the day of instant, [or next,] at ten o'clock in the forenoon of that day. Dated at , the day of . C. D., Mortgagee, [or, M. L., Assignee.] PATENTS. THE American Patent Laws are of the most liberal character, being especially designed to encourage the invention and public introduction of new and useful improvements of every kind. Under the fostering influence of these laws, the industrial resources of the nation have become most wonderfully developed ; and there is scarcely a trade, art or profession, which is not, to a greater or less extent, directly dependent for its increased success upon the practical assistance of some patented process or article. The money value of patents has also greatly risen, so that, at the present time, the ownership of a patent for a first-rate improve- ment, is considered almost equivalent to the possession of an actual fortune. It is not, however., every improvement, nor every patent, which is valuable or legal ; and much care ought there- fore to be exercised, both by those who take out patents and those who purchase " rights " under them. They should see that all the formalities of the law are properly complied with, and be careful that no imposition is practiced upon them. Patents are granted for all new machines, for improvements upon old machines, for improvements upon devices already pat- ented, for all new processes or improvements upon old processes, for new and better methods or ways of doing or accomplishing given ends, for improved articles of manufacture, for new forms of useful articles, for new medicines, for all kinds of compositions 3r useful mixtures in short, for every novel and useful inven- tion, which results in economy or the saving of labor, or the benefit of the public in any manner. On applying for a patent, the applicant pays to the government $15. An examination is then made under the direction of the Commissioner of Patents, and if the invention is found to be new and useful, the applicant is informed that a patent will be allowed, and he is required to pay an additional fee of $20, upon receipt of which, Letters Pat- ent are formally issued. But if the examination shows that the invention is not new, or that it is wanting in utility, or that it has been patented in some other country, or has been described in some printed publication, then a patert is refused and tlia application is rejected. PATENTS. 205 THE COMPLETE APPLICATION A complete application for a patent is made up of the follow- ing parts: 1. Petition; 2. Specification; 3. Oath of theinvent'or; 4. Two drawings of the invention ; 5. Model or specimens ; 6. Payment of the preliminary fee of fifteen dollars. The absence of any of these parts renders the application incomplete ; and the Patent Office will neither issue a patent nor even examine the case until the defect is remedied. If the invention is of such a nature that it cannot be illustrated by a model, specimens, 01 drawings, then those parts may be omitted. THE SPECIFICATION. This document consists of a carefully-written description of the invention, fully and minutely describing the nature, con- struction, operation and method of carrying the invention into practical use. The portions or principles which the applicant claims as his own invention must be particularly specified. The value and extent of a patent often depends upon the skill and excellence with which the specification is prepared. THE DRAWINGS. Two drawings are required, which must be alike, must corre- spond with the model, and should be executed in a clear and artistic manner. One drawing should be done upon thick paper ; the other may be a traced copy, made upon thin transparent muslin. The drawings are considered as forming a part of the specification ; they should represent various parts and views of the invention, such as plan views, perspectives, side elevations, sections, etc. THE MODEL. The law requires that the inventor shall, in all cases, furnish a model, which must not exceed twelve inches in any of its dimen- sions. It should be neatly made, of hard wood or metal, or both, varnished or painted. The name of the inventor and his place of residence should be attached to it, or painted upon it con- spicuously. Where the invention consists of an improvement on some known machine, a full working model of the whole will not be necessary. It should be sufficiently perfect, however, to show, with clearness, the nature and operation of the invention. "When the invention consists of a new article of manufacture. or E. new composition, samples of the separate ingredients suffi- cient for the purpose of experiment, and also of the mamifao tured article itself, must be furnished. 206 PATENTS. REJECTIONS AND APPEALS. When the Examiner decides that the invention is not patent- able, the applicant is so informed, by letter, and this constitutes the first rejection. The applicant then has the right to ask for a reconsideration, and appear before the Patent Office, either in person or by attorney, and, by the presentation of arguments and evidence, endeavor to satisfy the Examiner that he (the ap- plicant) is still entitled to a patent. If a second rejection results, an appeal may be taken to the Board of Examiners-in-Chief, on payment of $10, who review the case, listen i.o new arguments, and then either decide to grant or reject the application. If the inventor is not satisfied with the decision of the Ex- aminers-in-Chief, an appeal may be taken from their decision to the Commissioner of Patents in person ; but a fee of $20 must be paid. The Commissioner hears any arguments, reviews the case, and decides upon its merits. On payment of $25, an appeal may be taken from the decision of the Commissioner to the United States Court in the District of Columbia. It will thus be seen that the opportunities for an inventor to obtain justice, in his efforts to obtain a patent, are abundant. The majority of patents are, however, promptly granted on the primary application, without resort to the expenses and delays of an appeal. DESIGNS, TRADE-MARKS, LABELS, ETC. Under the new law, Design-patents may be taken out for any new form of any article, also for tools, patterns, castings, machine- frames, stove-plates, borders, fringes ; all new designs for print- ing, weaving, or stamping upon silks, calicoes, carpets, oil-cloth prints, paper-hangings, and other articles. Trade-marks, labels, envelopes, boxes and bottles for goods, may also be patented ; likewise all works of art, including prints, paintings, busts, statues, bas-reliefs or compositions in alto or basso relievo, new dies, impressions, ornaments to be placed or used upon any article of manufacture, architectural work, &c. The term for which Design-patents are granted varies according to the fee paid by the applicant, as follows : Patent for 3i years $10. " 7 " 15. " 14 " 30. No Design-models are required. But duplicate drawings must be furnished, together with the usual specification, petition and affidavit, which, to render the patent of value, should be pre- pared with the utmost care. PATENTS. 207 THE SALE AND ASSIGNMENT OP PATENTS. An inventor may sell and assign his invention or any part thereof, either before or after a patent is granted ; but tie signa- ture and oath of the actual inventor, in connection with the specification, are necessary before the Patent Office can consider an application. All other business and proceedings may, how- ever, be transacted by his assignee. There are three classes of assignments that must be put upon record at the Patent O%e, within three months from their date, in order to insure their validity against subsequent purchasers. These are, first, an assignment of the entire patent ; second, an undivided portion of a patent ; third, the sale of an exclusive right under a patent for a particular territory. In order to make assignments operative in law, a government stamp must be put upon them before their record, to the value of five cents on every sheet or piece of paper. POWERS-OF- ATTORNEY. An inventor, or the full assignee of an inventor, may, by power-of-attorney, authorize another person to act as his agent or solicitor in transacting business and prosecuting cases before the Patent Office. Such powers-of-attomey require the attach- ment of a fifty cent revenue stamp, CAVEATS. A " caveat " is & confidential communication made to the Patent Office, disclosing the nature and objects of a new and useful but incomplete improvement. The object of a caveat is to prevent the grant of a patent to another party, for the same invention, and thus to afford time to the orignal inventor to complete his im- provement, conduct further experiments, &c. Caveats are filed .in the Secret Archives of the Patent Office. The documents consist of a petition, specification, drawing, and oath of invention. Under the security afforded by a caveat, inventors should bear in mind that they cannot prevent other parties from using their inventions. The mere filing of a caveat does not allow the caveator to sell exclusive rights, as in the case of the issue of Letters Patent. It entitles him only to the right to receive notice of an interfering application, but does not settle the ques- tion of novelty in his behalf. A caveat may be renewed from year to year upon the payment of the usual official fee. Caveat papers cannot be withdrawn from the office nor under- go alteration after they have been once filed ; but additional papers relative to the invention may be appended to the caveat, 208 PATENTS. (their date being noted), provided they are merely amendatory of the original caveat. The right to file a caveat extends only to citizens, or to aliens who have resided in the United States one year, and have made oath of their intention to become citizens. INTERFERENCES. If an inventor happens to apply for a patent when another application for a similar device is pending at the Patent Office, the two cases are declared by the Conflhissioner to "interfere," and each party is notified to present evidence as to the date when he first invented the thing. He who proves priority of invention receives the patent, and the other applicant is rejected. Even after a patent has been granted, another inventor may come forward and apply for a patent for the same device ; and if he can prove priority of invention the Commissioner will issue a patent to him. INFRINGEMENTS. The manufacture, sale, or use, of a patented article, without consent of the owner of the patent, is an infringement, and sub- jects the infringer, by injunction from the Court, to an arrest or prohibition from the employment of his machinery, shop, works, factory, and men, in the production of the article. In addition to the injunction, the infringer is liable to be mulcted in treble the amount of damages awarded by the jury. The maker, the workman, the seller, and the purchaser (if a user), are all liable, either collectively or individually. Before any injunction can be obtained, there must have been one or more trials in Court, by which the validity of the patent has been unquestion- ably proven. RE-ISSUE OF A PATENT. The law provides that whenever a patent, heretofore granted, is found to be inoperative or invalid by reason of a defective or imperfect description or claim, the error may be corrected by surrendering the original patent, and filing in new or amended papers, which are subject to examination the same as in the case of the original application. Under a re-issue the law does not allow an inventor to embrace different subject-matter than that shown in the original application. All the features to be claimed must be shown either in the original papers or model. A re-issue does not extend the term of the original patent. If the amended claims cannot be allowed, the original patent will be returned by the Commissioner upon the order of the appli* cant or his attorney. PATENTS. 209 GENERAL REMARKS. Inventions for which patents are solicited are duly classified in the Patent Office, for examination, and are taken up in their order, in classes -and not, as some suppose, in regular rotation on " the tirst come first served " principle. Cases can not be thus examined, as such a system would lead to confusion. "When- ever the class comes up to which the invention belongs, it will . receive examination, even though the case may not have been on file. more than one day, and it must wait till the class does come up, though it may be one, three, or six months. The average length of time required at present, in order to secure a patent, is from four to six weeks. Should an inventor die before he has secured a patent for his invention, the right of applying for and obtaining such patent devolves on the administrator or executor of such person, in trust for the heirs-at-law of the deceased, if he 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, obtained, or enjoyed by the inventor in his or her lifetime ; and when application for a pa- tent is made by such legal representatives, the oath or affirma- tion which the inventor, had he lived, would have been called upon to make to the originality of his invention, will be so varied as to be applicable to them. Stamping or attaching the name of any patentee on any arti- cle without his authority, or attaching the words "patent" or " letters patent," or the stamp, mark, or device of any patentee, on an unparented article, is "forbidden, and subjects the party or parties so guilty to a fine of one hundred dollars for such oifence. Patentees or their assignees are required to affix the date oj tlie patent on each article vended or offered for sale thus afford- ing to the public notice of the duration of the patent. When the article is of such a character that the name of the patentee cannot be printed or affixed thereto, it must be printed or affixed r to the case or package containing it. An inventor may take out a patent in a foreign country with- out forfeiting his right to a patent in the United States, provided his invention has not been in public use, with his knowledge and consent, in the United States, previous to his application. The mere introducer of an invention from a foreign country is not entitled to a patent ; the inventor only can apply for patents. If a foreigner who takes out a patent in the United States, fails to put his invention on sale in the United States, on reasonable terms, within eighteen mouths, the patent for the same becomes void. 210 PATENTS. Money sent to the Patent Office by " mail " is at the risk of the sender ; and all 'money sent from the office by that medium is also at the risk of the person who desires to have it forwarded to him in that way. Joint inventors are entitled to a joint patent ; but neither can obtain one separately. Inventors who send descriptions of their inventions to the Patent Office, for the purpose of learning whether they are new, only give themselves useless trouble, as no answers will be re- turned. Examinations of descriptions of new inventions are only made when applications are presented for Letters Patent. Form of Petition for a Patent. To the Commissioner of Patents : THE petition of A. B,, of , in the county of , and State of , respectfully represents: That your petitioner has in- vented 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 there- fore prays that Letters Patent of the United States may be granted to him therefor, vesting in him, and his legal representa- tives, the exclusive right to the same, upon the terms and con- ditions expressed in the Act of Congress in that case made and provided ; he having paid fifteen dollars into the Treasury of the United States, and complied with the other provisions of the said Act. Form of Petition for a Caveat. To the Commissioner of Patents: THE petition of A. B., of , in the county of , and State of , respectfully represents: That your petitioner has in- vented a new and improved mode of preventing steam-boilers from bursting ; and that he is now engaged in making experi- ments for the purpose of perfecting the same, preparatory to his applying for Letters Patent 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, agreea ble to the provisions of the Act of Congress in that case made and provided ; he having paid ten dollars into the Treasury of the United States, and otherwise complied with the requirements of the said Act. Specification, To all whom it may concern : BE it known, that I, A. B., of , in the county of , and PATENTS. 211 State of , have invented a new and improved mode of pre- venting steam-boilers from bursting ; and I do hereby declare, that the following is a full and exact description of the same : The nature of niy invention consists in providing the upper part of a steam-boiler with an aperture, in addition to that for the safety-valve, which aperture is to be closed by a plug, or disk, of alloy, which will fuse at any given degree of heat, and permit the steam to escape, should the safety-valve fail to per- form its functions. To enable others skilled in the art to make and use my invention, I will proceed to describe its construction arid operation : I construct my steam-boiler in any of the known forms, and apply thereto gauge-cocks, a safety-valve, and the other appendages of such boilers ; but in order to obviate the danger arising from the adhesion of the safety-valve, and from other causes, I make a second opening in the top of the boiler, similar to that made for the safety-valve, as shown at A, in the accompanying drawing ; and in this opening I insert a plug, or disk, of fusible alloy, securing it in its place by a metal ring and screws, or otherwise. This fusible alloy, 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 conduct orT 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 se- cure 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 any metallic com- pound which will produce the intended effect. Witness, E. F. A. B. G. H. Specification of a Machine. Where ti\,e> specification is of an improvement, tlie original invention should 5 disclaimed, and the claim conflned entirely to the improvement.] To all whom it may concern : BE it known, that I, A. B., of , in the county of , and State of , have invented a new and useful machine for [state tlie use and title of the machine ; if tJie application is for an improvement, it sJiould read thus : a new and useful improve- ment on a (or, on the) machine, etc.] : and I do hereby declare 212 PATENTS. that the following is a full, clear, and exact description of the construction and operation of the same, reference being had to the annexed drawings, making a part of this specification, in which figure 1 is a " perspective view ; figure 2, a longitudinal elevation ; figure 3, a transverse section, etc. [Describe all the sections of the drawings, and refer to the parts by letters. Then give a detailed description of the construction and operation of the machine, and conclude with the claim, which should express the nature and character of the invention, and identify the part or parts claimed, separately, or in combination.] Witness, C. D. A. B. E. F. Oath to accompany the Specification. COUNTY OP -, STATE OF , ss. ON this day of , 18 , before the subscriber, a Jus- tice of the Peace in and for the said county, personally appeared the within-named A. B., and made solemn oath (or, affirmation) that he verily believes himself to be the original and first in- ventor of the mode herein described for preventing steam-boilers from bursting : and that he does not know, or believe, that the same was ever before known or used ; and that he is a citizen of the United States. J. K., Justice of the Peace. Petition for a Patent on a Design, To the Commissioner of Patents : THE petition of A. B., of the town of , and county of , in the State of , respectfully represents : That your peti- tioner has invented or produced a new and original design or figure, to be stamped or printed on fabrics, which, when thus printed, are termed ginghams, which he verily believes has not been known prior to the invention or production thereof by your petitioner. He therefore prays that Letters Patent of the United States may be granted to him therefor, vesting in him and his legal representatives the exclusive right to the same, upon the terms and conditions expressed in the Act of Congress in that case made and provided ; he having paid dollars into the Treasury, and complied wittf the other provisions of the said Act. A. B, Best Mode of Bemitting Fees. TUe Government fens may be sent by express or postal order, PATENTS. 213 payable to the order of the Commissioner of Patents in Wasn mgton, D. C. The fees should be forwarded at the same time the model and papers are sent. Petition for a Re-issue. To the Commissio?ier of Patents : THE petition of A. B., of , in the county of , and State of , respectfully represents; That he did obtain Letters Patent of the United States, for an improvement in the steam engine, which Letters Patent are dated on the day of , 18 ; that he now believes that the same is inoperative and in- valid, 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, under the amended specification herewith presented ; he having paid thirty dollars into the Treasury of the United States, agree- ably to the requirements of the Act of Congress, in that case made and provided. A. B. Assignment of a Patent Right. WHEREAS, Letters Patent, bearing date the day of f A. D. 18 , were granted and issued by the government of the United States, under the seal thereof, to A. B., of, etc., for an improvement in machinery, for [here insert the design or object of the invention, together with a general description of tho same], a more full and particular description whereof is annexed to the said Letters Patent, in a schedule, by which Letters Patent, the full and exclusive right and liberty of making and using the said invention, and of vending the same to others to be used, was granted to the said A. B., his heirs, executors, administra- tors, and assigns, for the term of fourteen years from the date thereof: Now, therefore, this indenture witnesseth : That I, the said A. B., for and in consideration of the sum of dollars, to me in hand paid, by C. D., of, etc., the receipt whereof is hereby acknowledged, have granted, assigned, and set over, and by these presents do grant, assign, and set over, unto the said C. D., his executors, administrators, and assigns, the said Letters Patent, and all my right, title, interest, in and to the said inven- tion, so granted unto me ; to have and to hold the said Letters Patent and invention, unto the said C. D., his executors, adminis- trators, and assigns, in as full and ample a manner, to all intents 214 PATENTS. and purposes, as I might have or hold the same were these pie- Bents not executed, for and during the rest and residue of the Baid term of fourteen years. In witness whereof, I have hereunto set my hand and seal, this day of , 18 . In presence of ) A. B. [L. s.] G. H. J- E. F. > Assignment of the Right in a Patent for One or More States. WHEREAS, I, A. B., of , in the, county of , and State of , did obtain Letters Patent of the United States, for cer- tain improvements in , which Letters Patent bear date the day of , 18 ; and whereas, C. D., of , aforesaid, is desirous of acquiring an interest therein : Now this indenture witnesseth : That for and in consideration of the sum of dollars, to me in hand paid, the receipt whereof is hereby ac- knowledged, I have assigned, sold, and set over, and do hereby assign, sell, and set over, all the right, title, and interest, which I have in the said invention, as secured to me by said Letters Patent, for, to, and in, the several States of , , and , and in no other place or places : the same to be held and enjoyed by the said C. D., for his own use and behoof, and for the use and behoof of his legal representatives, to the full end and 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 have been made. In witness, etc., [as in Assignment of a Patent.] Assignment before Obtaining Letters Patent. WHEREAS, I, A. B., of , in the county of , and State of , have invented certain new and useful improvements in , for which I am about to make application for Letters Patent of the United States ; and whereas, C. D., of , aforesaid, 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 con- sequence of the grant of Letters Patent therefor, ancfrhas paid to me, the said A. B., the sum of 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 as- signed and transferred, and do hereby assign and transfer, to the PATENTS. 215 said C. D., the full and exclusive right to all the improvements made by me, as fully set forth and described in the specification which I have prepared and executed, preparatory to the obtain- ing of Letters Patent therefor. And I do hereby authorize and request the Commissioner of Patents to issue the said Letters Patent to the said C. D., as the assignee of my whole right and title thereto, for 'the sole use and behoof of the said C. D, and his legal representatives. In witness, etc., [as in Assignment of a Patent.] Schedule of Patent Fees, On filing each Caveat f 1 On filing each application for a Patent, except for a design. . 15 On issuing each original Patent 20 On appeal to the Examiners-in-Chief. 10 On appeal to Commissioner of Patents. 20 On application for Re-issue 30 On application for Extension of Patent 50 On granting the Extension 50 On filing Disclaimer 10 On filing application for Design, three and a half years 10 On filing application for Design, seven years 15 On filing application for Design, fourteen years 30 The duration of all patents now granted is SEVENTEEN years, except Design Patents, which vary in their terms, as specified. Foreign Patents. AMERICAN inventors should bear in mind that, as a general rule, any invention which is valuable to the patentee in this country, is worth equally as much in England and some other foreign countries. Four patents American, English, French, and Belgian will secure an inventor exclusive monopoly to his discovery among one hundred millions of the most intelligent people in the world. The facilities of business and steam com- munication are such that patents can be obtained abroad by our citizens almost as easily as at home. It is generally much better to apply for foreign patents simul- taneously with the application here ; or, if this cannot be con- veniently done, as little time as possible should be lost after the patent is issued, as the laws in some foreign countries allow patents to any one who first maJkes the Application, and in thia 216 PATENTS. way many inventors are deprived of valid patents for their own inventions. Many valuable inventions are yearly introduced into Europe from the United States, by parties ever on the alert to pick up whatever they can lay their hands upon that may seem useful. Models are not required in any European country, but the ut- most care and experience are necessary in the preparation of the specifications and drawings When parties intend to take out foreign patents, engravings should not be published until the foreign applications have been made. [PERSONS dersiring other information concerning the pro- curing of Letters Patent than is contained in the laws and prac- tice given above, can obtain all such advice, free of charge, by addressing Messrs. MUNN & Co., Editors of the Scientific Ameri- can, 37 Park Row, New York City. Messrs. MUNN & Co. have been engaged as solicitors of patents for nearly a quarter of a century, and their facilities are most complete for doing all kinds of patent business. More than one- third of all the patent business of the United States is transacted by this firm, and almost all of the patents annually obtained by American citizens in foreign countries are procured through Messrs. MUNN & Co., who have reliable agencies in London, Paris, and all the principal European capitals. Any letters of inquiry in regard to the law or practice of the Patent Office they will cheerfully answer, without charge ; they also examine models and drawings of new inventions, and render advice as to the prospects of obtaining patents, etc., free of expense.] HIGHWAYS. IT is the duty of Commissioners of Highways to give directions for the repairing of all roads and bridges in their respective towns ; to regulate the roads already laid out, and to alter such of them as they may deem inconvenient , to divide each of their towns into road districts, and to assign each road district to such of the in- habitants liable to work on highways as they may think proper, baviag due regard to proximity of residence as near as may be ; HI GHW A YS 217 to require the overseers of highways to warn all persons assessed to work on highways to come and work thereon ; to discontinue all old roads that may appear to them on the oaths of twelve freeholders, to have become unnecessary ; to lay out on actual survey, such new roads as they may deem essential to the public weal ; and to cause mile-boards or stones to be erected on such post and other public roads as they may think expedient. It is the duty of overseers of highways to repair and keep in order all highways in their respective districts ; to warn all per- sons assessed to work on the same ; to cause all noxious weeds on each side of the highway to be cut down and destroyed, once every six months ; to cause all loose stones on the beaten track of the highway to be removed ; to keep up and renew the mile-stonea and guide-posts : and, when occasion demands, to make a second assessment, in addition to that made by the commissioners, on the residents in the town for the maintenance in order of the roads. Every person owning or occupying land in the town in which ha or she resides every male inhabitant over twenty-one years, and all moneyed or stock corporations, are subject to assessment for highway labor. Commissioners are authorized to credit all per- sons living on private roads, and working the same, so much on their assessments as they may deem necessary, or to annex the game to some highway district. Any person liable to highway labor may commute for the same in whole or in part, at the rate of one dollar per day, to be paid within twenty-four hours after receiving the notice to appear and work. Persons assessed to highway labor are entitled to twenty -four Uours 7 notice. No resident can be compelled to work on any high- way except in the district where he resides, unless upon his appli- cation the commissioners consent that he may apply his work in some district where he has land. Every person refusing or neglecting to appear and work when notified by the highway overseer is subject to a fine of one dollar for each day, and twelve and a half cents for every hour any per- son or his substitute may be delinquent* Every individual or sub- stitute remaining idle, or not working faithfully or hindering others from work, is subject to a fine of one dollar for each offence*. 218 HIGIHVAYS. Overseer? are empowered to require from assessed persons hav ing the same, a cart, wagon, or plough, with a pair of horses 01 oxen, and a person to manage them ; if he furnish them, according to order, he will be entitled to a credit of three days for each day's service therewith. If he fail to furnish them, he is liable to a fine of three dollars per day for each day that he may be assessed If, however, the delinquent can give the overseer a satisfactory excuse for his non-compliance with the order, the latter has power to remit the fine. Ministers of the gospel, paupers, and lunatics, are exempt from highway labor. The whole number of days' work to be assessed by the Commissioners must be equal to at least three times the num- ber of taxable inhabitants in the town ; and every male inhabitant over twenty-one years must be assessed at least one day; the remainder of the work must be apportioned upon the real and per- sonal estate of every inhabitant, as the same may appear in the last assessment roll of the town, and upon each tract or parcel of land owned by non-residents. Commissioners cannot lay out a road through any orchard of four years' growth, or more; nor through a garden cultivated four years or more; nor through any buildings, or fixtures for the purpose of trade or manufactures, nor any yards or other enclosures necessary for their use ; nor through any enclosed or cultivated lands, without the consent of the owner or owners thereof, or on the oaths of twelve freeholders to the public necessity of the same. No private road can be laid out over the lands of any person, without his consent or the decision of a jury. When a Commissioner of Highways has determined to lay out a new highway, or to alter or discontinue an old road, he must filo euch determination in writing at the office of the Town Clerk. Any person aggrieved by any determination of the Commissioaei Of Highways, either in laying out, altering, or discontinuing anj road, or in refusing to lay out, alter, or discontinue any road, may, at any time within sixty days after the Commissioner's determina- tion shall have been filed, appeal to the Judge of the county, who shall appoint three disinterested freeholders, residents of the county, but not of the town, to hear and determine the appeal. When a public highway has been tranefwrcd to a plank-raad HIGHWAYS. 210 company, and the interest of the public road is paid for, the com- pany succeeds to all the rights of the Town Commissioners relative to making repairs. Assessment of Highway Labor. TOWN OF , COUNTY, s.s. At a meeting of the Commissioners of Highways of the- town of , held in said town on the day of , J. C., H. D. and T. J., the said Commissioners, having proceeded to ascertain, estimate, and assess the highway labor to be performed in their town for the ensuing year, [if only two of them will agree to the assessment roll as prepared, then insert, il the undersigned, two oi the said Commissioners" the decision of the majority is sujfricitnt,] have made out the estimate and assessment for road district No. > in said town, as follows : [Or if only two of the Commissioners were present at the assess- ment, then, instead of the preceding, say,] The undersigned, two of the Commissioners of Highways of the town of , having met in. said town on the day of , and proceeded to ascertain, estimate, and assess the highway labor to be performed in their town for the ensuing year, all the Commissioners of High- ways of said town having been duly notified to atterd the said meeting of the Commissioners for the purpose of deliberating thereon, haye made out the estimate and assessment for road dis- trict No. , in said town as follows : First, The inhabitants of said town assigned to said road district are assessed ar follows, to wit : NAMES. A. C. 1 day. D. E. 3 days. NAMES. X. Y. 2 days. L. M. 10 days. Second, The lands owned by non-residents of said town, and sit- &ate therein, are assessed as follows, to wit : Owner's name. John Jones. Description of Land. Lot No. Value. I Assessment. $1,000 J Four days. In witness whereof, we have hereto subscribed our- names, this day of , 18. J. C. H. D. T. J. Commissioners. Additional Assessment by an Overseer. The quantity of labor assessed on the inhabitants of road district No. , in the town of , being by me, the undersigned, Over- seer of Highways in said district, deemed insufficient to keep the roads therein in repair, T do therefore^ in pursuance of the 220 HionwATS. ions of the statute in such cases made, hereby make a further assessment, us follows, to wit : NAMES. A. B. 2 days. E. F. 1 day. NAMES. X. Y. 4 days. L. M. 5 days. Dated the day of , 18. C. D. Overseer. Appeal to three Judges, BY NON-RESIDENT OWNER OF LANDS, OR HIS AGENT, FROM THE AS- SESSMENT BY COMMISSIONERS. COUNTY, TOWN OF , ss. A. B., a non-resident owner of lands in said town, considering [or. A. B., agent of C. D., a non-resident owner of lands in said town, who considers] himself aggrieved in the assessment for high- way labor by the Commissioners of Highways of said town, upon the following described lands, to wit : Uiere insert the description, as in the list or statement made by the Commissioners,] doth hereby appeal from the assessment of said Commissioners to . *-, and , three of the Judges of the Court of Common Pleas of said county of . Dated this day of , 18. A. B. Notice by the Owner or his Agent, TO THE COMMISSIONERS, OF THE PRECEDING APPEAL. To J. C., H. D., and T. J., Commissioners of Highways of the Town of . You are hereby notified, that considering myself aggrieved by your assessment for highway labor of the land owned by me in said town, I have this day appealed to , , and , three of the Judges of the Court of Common Pleas of the county of , who will convene at , on the day of , at o'clock in the noon, to decide on said appeal. Dated the day of ,18. Yours, &c. A. B. Notice by the Overseer as to Non-resident Lands. I, the undersigned, Overseer of Highways for road district No. , in the town of , do hereby give notice, That the labor assessed on the several tracts of land hereafter mentioned, which have been assessed as owned by non-residents, is to be performed on the day of next, on the highway of said district, be- HIGHWAYS. 221 twoen the dwelling-houses of and , and the owners of said land, or their agents, are hereby required to cause the said labor to be performed accordingly. Owners' names. I Description of Land or Tiact. I Assessment. Dated the day of , 18. A. B., Overseer Complaint by an Overseer to a Justice, AGAINST A PERSON FOR REFUSING TO WORK, A. B,, Overseer of Highways for road district No. , of the town of , in the county of , on oath makes complaint to T. R., a Justice of the Peace of said town, That he gave to C. D., who resides in the said district, and is assessed to work on the high- ways therein, twenty-four hours previous notice to appear with a hoe, on the day of , instant, at eight o'clock in the fore- noon, at the -dwelling-house of -, for the purpose of working on the highways in said district, under the direction of said A. B., as overseer. And that the said C. D. neglected to appear either in per- *on, or by an able-bodied man as a substitute, or to pay the commu- tation money for said work nor has he rendered any excuse for such neglect. A. B, Subscribed and sworn, the day of , before me. i\ R., Justice of the Peace. [Or, in lieu of the words in italics, if the case require it. the fol- lowing may be inserted : Appeared pursuant to notice, but Worked only four hours, and then departed. Or, Appeared pursuant to notice, but remained idle, or did not work faithfully, or hindered others from working,] Complaint by an Overseer to a Justice, AGAINST A PERSON FOR NEGLECTING TO FURNISH A TEAM COUNTY, TOWN or , ss. A. B., Overseer of Highways for road district No. , in said town, on oath makes complaint to T. R., a Justice of the Peace of said town, That he gave to C D, who resides in the said district, and is assessed to work three days [or more] on the highways therein, and has a cart, [or wagon, or plough, as the case may be,l with a pair of horses, \or oxenj and a man to manage them, and who has not commuted for his said assessment, twenty-four hours-* previous notice, to furnish, on the day of , at o'clock in the forenoon, at the dwelling-house of , a cart with a pair of horses, [or, as the case may be,J and a man to manage them, for the purpose of working one day on the highways of said dis- trict, under the direction of the eaid A. B. as overseer ; and the 222 HIGHWAYS eaid 0. D. neglected to furnish said horses and cart, and a man to manage them, or to pay the commutation money for said work; nor has ho rendered any excuse for such neglect. A. B. Sworn, &c., [as in Complaint by an Overseer to a Justice , against a Per son for re) using to work. Summons by a Justice. COUNTY, TOWN or , ss. To any Constable of said Town, greeting : WHEREAS, complaint hath been made to me, the undersigned, a Justice of the Peace in and for said town, by A. B., Overseer of Highways for road district No. , in said town, That C. D., &o. [recite the complaint.] You are, therefore, in the name of the Peo- ple of the State of , hereby commanded to summon the said u. D. forthwith to appear before me, at my office in said town, to show cause why he should not be fined according to law for such refusal or neglect, as in said complaint is alleged against him. Given under my hand, this day of , 18 . T. R., Justice of the Peace. Complaint to the Commissioners of Highways, AGAINST AN OVERSEER FOR NEGLECT OF DUTY. To the Commissioners of Highways of the Town of . THE complaint of A. B., a resident of the town of afcre- eaid, respectfully showcth, That C. D., the Overseer of Highways for road district No. , in said town, has neglected and refused to warn the following persons, to wit : G. H., J. K., and L. M., to work on the highways in said district, after having been required to do so by the Commissioners, or one of them. And the said A. B., hereby requires the Commissioners of Highways aforesaid to prosecute tho said C. D. for the said offence. Dated the day of ,18. A. B. Application to Commissioners to lay out New Hoad. To the Commissioners of Highways of the Town of , in the County of . THE undersigned, a person liable to be assessed for highway labor in said town, and residing therein, doth hereby make appli- cation to you to lay out a new road of the width of three rods through land not enclosed, improved, or cultivated, [or, through lands not enclosed, improved, or cultivated, excepting as to lands of P. Q , who consents to the laying out of said road, and has signi- fied the same by signing this petition,] Beginning at, &c., fdescrib' niamvATS. 223 ing the road by courses and distances, or such objects and bound- aries as shall make the route sufficiently definite and certain.! P.Q. Order of Commissioners to lay out a Highway. . COUNTY, TOWN OF , ss. AT a meeting of the Commissioners of Highways of the town of , in the county of , at , in said town, on the day of , all the said Commissioners having met and deliberated on fche subject embraced in this order, It is ordered and determined by tlio said Commissioners, that a highway be laid out in the said town, of the width of four rods, on the application of A. B., and by the consent of P. Q., through whose improved land the said highway is to pass for a part of the distance ; the residue of said highway being through lands not enclosed, improved or cultivated. And the said Commissioners have caused a survey thereof to be made, as follows : The centre line of said highway is to begin at , and to run thence, &c. [Here insert the survey.] In witness, &c., [as in Assessment of Highway Labor.] Application to alter a Road. To the Commissioners of Highways of the Town of , in tho County of . WE, the undersigned, R. S. and T. W., residents of said town, and liable to be assessed for highway labor therein, do hereby make application to you, the said Commissioners, to alter the high- way leading from the house of G. H. to the house of P. Q., in said town, as follows : [Insert a description of the proposed alteration by courses and distances, or by objects and boundaries, so as to render it sufficiently certain and definite.] The proposed altera- tion passes through lands which are not improved, enclosed, or cultivated, [or, passes through the improved land of R. S. and T. W., who consent thereto.] Dated the day of , 18 . R.S. T. W Order of the Commissioners to alter a Highway. COUNTY, TOWN OF , ss. AT a meeting of the Commissioners of Highways of tho town of , in the county of , at , in the said town, on the day of , all the said Commissioners having met and do* liberated on the subject embraced in this order, It is ordered ancl determined by the said Commissioners, upon the application and by tho consent of R. S. and T. TV-, through whose lands the altejv 224 HIGHWAYS. ation hereafter described is to be made, that the highway leading from the house of G. II.. to the house oT P. Q., in said town, be altered according to the following survey, which the Commission- ers have caused to be made thereof, as follows, to wit : The centre- line of the alteration is to begin at the centre of the present high way, opposite the northerly corner of the barn of the said 11. S.> and to run thence [here include the whole survey], and that the said alteration be of the width of rods. In witness, c.. [as in Assessment of Highway Labor.] Application to lay out a Highway, THROUGH IMPROVED LAND, WITHOUT THE CONSENT OF THE OWNER To the Commissioners of Highways of the Town of , in the County of . THE undersigned, resident of the said town, and liable to be as- sessed for highway labor therein, hereby makes application to you, the said Commissioners, to lay out a highway in said town, com- mencing at, &c., [here insert a description by courses and dis- tances, or by objects and boundaries, so as to render the proposed route sufficiently certain and definite,] which said highway will pass through the improved [or enclosed, or cultivated] lands of P. Q. and R. S., who do not consent to the laying out of the same Dated the day of , 18. A. B. Notice of Application, and of the Meeting of Freeholders, WHEN THE INTENDED HIGHWAY IS THROUGH IMPROVED LAND. NOTICE is hereby given, that the undersigned has made appli- cation to the Commissioners of Highways of the town of , in the county of ; foi the laying out of a highway, commencing, &c., [insert description as in the Application,] and which highway will pass through a lot of improved meadow land of P. Q., and a lot of improved pasture land of R. S. And that on the day of 1 at o'clock, in the noon, at , in said town, twelve freeholders duly qualified for that purpose, "will meet to examine the ground, and to certify with respect to the necessity and propriety of such highway. Dated at the town of , this ay of ,18 A. B. Affidavit of Affixing the Notice of Application, . COUNTY, TOWN pr , ss. A. B., of in said county, being duly sworn, saith, That h caused notices in writing, of which the within is a copy to be HIGHWAYS. 225 posted up at three of -the most public places in said town, on the day of , being six days before the time specified therein for the meeting of the freeholders. A. B. Sworn and subscribed before me, this day of , 18 . J. J., Commissioner of Deeds Certificate of Freeholders. (A copy of the notice, and of the affidavit of posting, is to be attached tothia.) COUNTY, TOWN OF ss. WE, the undersigned, twelve reputable freeholders of the said town, not interested in the lands through which the road described in the annexed notice is to be laid, nor of kin to any owner thereof* having appeared at the time and place specified in said notice, arid having been duly sworn, well and truly to examine and certify in regard to the necessity and propriety of the highway applied for ; and having proceeded to, and personally examined the route, of euch highway, and heard all reasons that w r ere offered for and against laying out the same, do hereby certify that we are of Opinion, that the highway applied for, and described in the annexed notice, is necessary and proper. In witness whereof, we have hereto subscribed our names, this day of , in the year 18 . A. 11. &c., &c. Notice by Commissioners to the Occupant, OF LAND THROUGH WHICH THE ROAD IS TO RUN. COUNTY, TOWN OF , ss. To You will take notice, that on the day of , at o^cloek, in the noon, at the house of 1 in the town of , we, the undersigned Commissioners of Highways of the town of and county of , will meet to decide on the application of A. JB., for the laying out, &c., [as in Application,] twelve qualified freeholders having certified that the road is necessary and proper. Dated the day of , 18 In witness, &c., [as in Assessment of Highway Labor.] Certificate by Commis&ioners, OF LAYING OUT A ROAD THROUGH IMPROVE! LAND. COUNTY, TOWN OF , ss. Ar a meeting of the Commissioners of Highways of the town of in the county of , at , in the said town on the 226 HIGHWAYS. flay of , upon the application of A. B., a resident in saul town, and liable to be assessed to work on the highways therein, for the laying out of the highway hereafter described, and on the certificate of twelve reputable freeholders of said town, convened and duly sworn after due public notice, as required by the statute, certifying that such highway is necessary and proper. And notice in writing of at least three days having been given in due form of law to P. Q. and R. S., occupants of the lands through which the highway hereafter described is to run, that the undersigned Com- missioners would meet at this time and place, to decide on the application aforesaid, and the undersigned having heard all reasons offered for and against laying out such highway, It is ordered, determined, and certified, that a public highway shall be, and the same hereby is laid out pursuant to said application, whereof a eurvey hath been made, and is as follows, to wit: Beginning, &C., [as in the survey,] and the line of the said survey is to be tho centre of said highway, which is to be rods in width. In witness, &c., [as in Assessment of Highway Labor.} Order of Commissioners, REFUSING TO LAY OUT OR ALTER A HIGHWAY. COUNTY, TOWN OF , ss. AT a meeting of the Commissioners of Highways of the town of , in the county of ; at , in the said town, on the day of , all the said Commissioners having met and deliberated on the subject matter of this order, [or, if but two of the Commis- sioners met, say, all the said Commissioners having been duly no tilled to attend the said meeting for the purpose of deliberating on the subject matter of this order,] It is hereby ordered and deter- mined, that the application of A. B., dated the day of , for the laying out [or, altering] of the highway therein mentioned, be, and the same hereby is denied and refused. In witness, &c., [as in Assessment of Highway Labor.] Agreement as to Damages. COUNTY, TOWN of OF , ss. IT is hereby agreed between the Commissioners of Highways of the town of , of the one part, and P. Q., of the other part, that the damages sustained by the said P. Q., by reason of the laying out and opening of a highway through the lands of the said P. Q., on the application of A.. B. and others, by order of tbo Commu HIGHWAYS. 227 sioncrs, dated the day of , be fixed and liquidated at the sum of $ . Witness our hands, this day of , 18. P. Q. J. C. ) II. D. > Commissioners T. J. Release of Damages by Owner of Land. I do hereby release to the town of , all claim to damages by .oason of the laving out and opening of a highway through my lands, by order of the Commissioners of Highways, dated the day of . In witness whereof, I have hereunto set my hand and seal, thia day of , 18. P. Q. [L. s ] Warrant by two Justices to Summon a Jury TO ASSESS DAMAGES SUSTAINED BY OWNERS OF LAND. COUNTY, TOWN OF , ss. To any Constable of the Town of , in said County, greeting . On the application of the Commissioners of Highways of the said town of , (or, on the application of P. Q.,) to us, the un- dersigned, two Justices of the Peace, residing in the town of , aforesaid, you are hereby directed, in the name of the People of the State of , to summon twelve disinterested freeholders, re- siding in some town of said county other jthan the town of . aforesaid, and not of kin to P. Q., to appear at , in the said town of , on the day of next, at o'clock, in the noon, to assess the damages sustained by the said P. Q., by the laying out of a highway through his improved land, by order of the Commissioners of Highways of the said town of dated the day of last And have you then there the names oi the jurors, and this warrant. Given under our hands, this day of , 18 . A. R. r f Justices of the Peace. Verdict of Jury, ASSESSING DAMAGES SUSTAINED BY THE OPENING OF A. NEW ROAD - COUNTY, TOWN OF . ss. WE, the undersigned, freeholders of said county, neither resi- dents of , nor of kin to P. Q., being the jury summoned, drawn, and sworn to assess the damages sustained by the said P. Q., by reason of the laying out and opening of a road through his enclosed 228 HIGHWAYS and, in pursuance of tho order of the Cjmmissioners of Highways of said town of , bearing date the day of , in the year , after having viewed and examined the premises, deter- mine and assess the said damages of the said P. Q. at dollars. Given under our hands, this day of , 18 . L. M. ; &c., Jurors. Application for a Private Eoad. To the Commissioners of High-ways of the Town of , in the County of : I, the undersigned, a resident of said town, and liable to be as- sessed for highway labor, do hereby make application to you, the said Commissioners, to lay out a private road for my use, commen- cing, &c., [insert a description of the road applied/or, sufficiently cer tain and definite,] passing through the lands of P. Q., of said town. Dated the day of , 18. A. B Notice the Owner or Occupant of the Premises, UPON AN APPLICATION FOR A PRIVATE ROAD. To P. Q., of the Town of , in the County of : SIR : I, the undersigned, have applied to the Commissioners of Highways of said town to lay out a private road, for my use, through your lands, (or, through lands of which you are the occu- Eant,) and you are hereby notified that twelve disinterested free- olders will meet on the day of , instant, at 12 o'clock at noon, at the house of , in said town, to be sworn, and to pro- ceed to view the lands through which the road is applied for, and to determine whether it is necessary. Dated the day of , 18. Yours, &c., A. B. Certificate of Jury, UPON APPLICATION FOR A PRIVATE ROAD. WE, the undersigned, being disinterested freeholders of the town of , in the county of , having met on the day of , in the year , at , in said town and having been duly sworn well and truly to examine and certify with regard to the necessity and propriety of the road described in the annexed application of A. B.. and having viewed the lands through which it is proposed to be made, do certify, that, in our opinion, it is necessary and proper to lay out a private road, for the use of the eaid A. B ,pnr guant to his said application. HIGHWAYS. 229 Given <%o., [as in Verdict of Jury assessing damages sustained by ihe opening a new road ] Order of Commissioner to lay out a Private Uoad, COUNTY, TOWN OF , ss. UPON the application of A. B., for the laying out of the private road hereafter described, and on the certificate of twelve reputable freeholders of said town, convened and duly sworn, after due notice to the owner [or occupant] of the lands through which said road ia to pass, as required by the statute, certifying that such road was necessary : It is therefore ordered and determined, that a private road he laid out for the use of the said A. B., pursuant to his ap- plication, the courses and distances whereof, according to a survey thereof which the said Commissioners have caused to be made, are as follows : [Insert the survey.] And it is further ordered, that the line above described shall be the centre of said road, and that said road shall be of the width of rods. In witness, &c., [as in Assessment of Highway Labor.'] Application for the Discontinuance of an Old Road. To the Commissioners of Highways of the Town of , in the County of . THE undersigned, a resident of said town, liable to be assessed for highway labor, hereby make application to you for the discon- tinuance of the old road in said town, commencing, &c., [describe the road : ] on the ground of its having become useless and unneces- sary. Dated the day of , 18 . A. R. Certificate of Freeholders, UPON APPLICATION FOR THE DISCONTINUANCE OF AN OLD ROAD. We the undersigned, disinterested freeholders of the town of having met at , on this day of , in. pursuance of the summons of the Commissioners of Highways of said town, in order to examine and certify in regard to the propriety of dis- continuing the road described* in the annexed application, and after being duly sworn, and having viewed said road, do certify that the same is in our opinion useless and unnecessary. Given, &c., [as in Verdict of Jury assessing Damages sustained by tkc opening a New Road.] 230 HIGHWAYS. Order of Commissioners to discontinue a Eoad. COUNTY, TOWN OF , ss. UPON the application of A. B., of said town, for the discontinu- ance of the road hereinafter described, and on the certificate of twelve disinterested freeholders, duly summoned and sworn, who have in due form certified that said ro id is useless and unnecessary, and the Commissioners having caused a survey of said road to be made as follows, to wit : [here insert the survey,] It is ordered and determined by the said Commissioners, that the said road be, and the same hereby is discontinued. In witness, &c., [as in Assessment of Highway Labor.] Appeal to three of the Judges OF THE COURT OF COMMON PLEAS OF THE COUNTY, TO BE ANNEXED TO A COPY OF THE ORDER APPEALED FROM. To A. B., J. K., and L. M., three of the Judges of the Court oi Common Pleas of the County of . CONCEIVING myself aggrieved by the determination of the Com- missioners of Highways of the town of , in said county, con- tamed in the order of which a copy is hereto annexed, I do hereby appeal to you therefrom. This appeal is brought to reverse the determination of the Com- missioners entirely, on the ground that the laying out of said high way is unnecessary, inexpedient, and improper. [Or, This appeal is brought to reverse so much of the determina- tion of the Commissioners, as directs the said road to be laid out four rods wide, instead of three rods wide.] Made and signed by me, this day of , 13 . A. B Notice by Judges to Commissioners of the Appeal. To J. C., II. D., and T. J., Commissioners of Highways of the Town of , in the County of . TAKE notice, that A. B. has appealed* to us, the undersigned, three of the Judges of the Court of Common Pleas of the county of , from your determination contained in your order, dated the day of last, laying out [or altering, or discontinuing,] the highway therein mentioned, and that we shall meet on the day of , instant, at o'clock, in the noon, at the house of , in said town, to hear and decide the said appeal Dated the day of ]8 . Yours, &c., A. B. ) Judges of the Court J. K. > of Common Pleas oi L. M. } County HIGHWAYS. 231 Notice by Judges, TO OS & CR MORE OF THE APPLICANTS OF THE JLPPfAL. To C. D. and E. F. : TAKE notice, that A. B. It.as appealed to us, the undersigned, three of the Judges of the Court of Common Pleas of the county oi , from the determination of the Commissioners of Highways, as contained in their order dated the of ,in the year > upon the application of yourselves and others, and that we shall meet at the house of , in said town, on the day of , instant, at o'clock in the noon, to hear and decide the said appeal. Dated, &c., [as in Notice by Judges to the Commissioners of the Appeal] Decision of Judges upon the Appeal. COUNTY, TOWN OF , ss. WHEREAS, on the day of , in the year r A. B., of the town of , in the county of , appealed to A. B.,, J. K., and L. M., three of the Judges of the Court of Cummon Pleas of said county, from the order and determination of the Com- missioners of Highways of said town, bearing date the day of , in the year , copies of which said appeal and or- der are hereto annexed : And after the expiration of sixty days from the making of the said order and determination of the said Commissioners of High- ways, the said Judges appointed the time and place of the hear- ing of the said appeal to be on the day of , in the year , at the house of , in the said town of , and caused written notice of the said appeal, specifying therein that the said Jhdges would convene at the said time and place to hear the said appeal to be served on the said Commissioners, and upon E. F., an applicant for said order, at least eight days before the time and place of convening as aforesaid, in the manner prescribed and directed by the statute in such case made. And the said Judges convened at the time and place mentioned in the said notice, to hear the proofs and allegations of the parties; and such proceedings were thereupon had, that having heard the said proofs and allegations, the said Judges thereupon adjudged and decided, and do adjudge and decide, that the order and determina- tion of the Commissioners of Highways aforesaid be, and the sains hereby is reversed, [or, affirmed, as the case may be.} In witness, &c., [as in Notice by Judges to t& oauMUMttf?l q/ the Appeal] 232 CATTLE LAWS. CATTLE LAWS. A DOG, in the habit of attacking passers-by, is in law a nuisance which any one is free to remove, by killing or otherwise. In caso of suit, the party killing him neBd not prove that he was obliged to kill him in self-defence. Any one killing a harmless or inoffensive dog, is liable in dama ges to the owner ; but in an action to recover damages for killing a dog, the opinions of witnesses as to its value are not admissible in evidence. The jury are the judges of the animal's value. Any dog in the habit of attacking, worrying or killing sheep, or other nseful animals ; may be killed by order of a magistrate. The owner of a dog is liable for all damage the animal may do to another's cattle or other property. The owner of a stray horse or horses, or other animal or animals j is liable in damages for all injuries it or they may do to others' pro- perty. Should the owner, for the sake of avoiding the payment of the damage, disclaim ownership, the animal or animals may be sold by order of a magistrate, and the damages paid, on application, by the supervisors. Whenever a stray animal comes upon the premises of any party, the latter should give immediate notice of the same, in writing, tc the Town Clerk. If this notice is not given within ten days of the arrival of the stray, the party can recover no compensation for the keeping of the animal. It is the duty of the Town Clerk to keep a record, open for public inspection, of all such notices. Tho Clerk's fee for entering the notice must be paid by the party pro. senting it. The latter has the right to detain the animal or ani. mals till all reasonable charges for keeping the same, together with the Clerk's fees, are paid. The Fence Viewers of the town are to decide upon the fairness of the charges. If, at the expira, tion of five months, no owner appear, or if he or they appear, and refuse or neglect to pay the charges, the party on whose premises the animal or animals have come, may sell the same to the highest bidder at public auction. Out of the proceeds of the sale, he may retain sufficient to pay his bill of charges; the remainder must 1)6 paid to the owner of the strays, if ha demands the same ; if not CATTLE LAWS. 233 demanded within twelve months of the time of sale, he loses all claim to the money, in which event the same must be paid to the Supervisor of the town within thirty days after the expiration of the year. Assessors and Commissioners of Highways are, by virtue of their offices, Fence Viewers of the town in which they have been elected. Fence- Viewers' Certificate UPON THE KILLING OF SHEEP BY DOGS. COUNTY, TOWN OF , ss. UPON the application of A. B., the owner of sheep alleged to have been killed by dogs, we, the undersigned, fence-viewers of the town of , in the county of , having proceeded to in- quire into the matter, and having viewed the sheep killed, and having also examined witnesses in relation thereto, do certify that we are satisfied that said sheep, three in number, were killed only by dogs, and in no other way. And we further certify, that the amount of damages sustained by the said A. B. thereby is dollars, and that the value of the sheep so killed was dollars Given under our hands this day of , in the year ' - Fence-Viewers. Affidavit, upon Application to Supervisors, FOR THE AMOUNT OF DAMAGES. COUNTY, TOWN OF , ss. A. B., of , in said county, being duly sworn, saith, that ho hath not been able to discover the owner or possessor of the dog by which the damages, certified in the annexed certificate of the fence-viewers of said town, has been done, (or, that he hath failed to recover the damages certified in the annexed certificate of the fence-viewers of said town, from the owner or possessor of the dog by which the same was done.) Sworn before me, this day of , in the year -, B. S. Justice of the Peaoo. 284 CATTLE LAWS. Notice to the Owner of a Dog KILLING OR INJURING SHEEP. To C. I). You arc her3by iiotified, that your black dog Towser lias bitten "or, chased, or worried] my sheep, this day of , 18 ; and you are hereby required to kill said dog within forty-eight hours Dated at , the day of , IS . Yours, &c., A. B. Order of a Justice that a dangerous Dog be killed. COUNTY, TOWN OF , ss. WHEREAS, complaint has been this day made before me, by C. E., of the town of , in the county of , under oath, that a dog owned [or possessed] by G. H., of the said town of , on the day of , instant, attacked the said C. E., [or, attacked a horse in a carriage in which the said 0. E. was riding or, at- tacked a horse on which the said C. E. was mounted,] while the said C. E. was peaceably travelling on the highway in said town : And I, the undersigned, Justice of the Peace, having given due notice of the said complaint to the said G. H., [and having heard him in relation thereto, if the fact be so,] and having inquired into the said complaint, and being satisfied of its truth, and that the said dog is dangerous, do hereby order the said G. H. to kill the said dog immediately. Given under my hand, this day of , 18 . J. T., Justice of the Peuce. Fence- Viewers' Certificate of Damage done "by Hogs. COUNTY, TOWN OF , ss. WE, the subscribers, Fence Viewers of the town of- , in the county of , having been applied toby A. B., of afore- said, to appraise the damages done by one white sow and six pigs ; [or, other cattle, giving the number, kind, and description of beasts, as near as may be,] distrained by him doing damage on his lands, and having been to the place, and viewed and ascertained the dam- age, do certify the amount thereof to be dollars and cents, and that the fees for our services are dollars. And a dispute having arisen between the said A. B, on the one part, and C. D. of the other part, touching the sufficiency of the fence along the easterly side of a field of Indian corn, which fence was shown to as by the said parties, and having heard the parties, and examined witnesses in relation thereto, we decide that the said fence is good and sufficient, [or, bad and insufficient.] Given, &c., [as in Fence-Viewers' Certificate upon toe killing q/ Sheep ty Dogs CATTLE LAWS. 285 Notice of Sale by Pound-Master. NOTICE is hereby given, that on the day of , in the year , at o'clock in noon, I shall sell at public auc- tion at the public pound, near the house of , in the town of , one white sow and six pigs, which have been distrained doing damage, and impounded therefor, by A. B. Dated at the day of , 18 . 0. II., Pound Master. Notice to Town Clerk by Person keeping Strays. To C. D., Town Clerk of the Town of : You will take notice, that on or about the day of , 18 , one black horse, of the age of six years, or thereabouts, and mark- ed with a star in his forehead, strayed upon my enclosed land in the town of , and now remains thereupon j and that I reside in the said town of . Dated the day of , 18. A. B. Notice of Sale where Stray is not redeemed. PUBLIC NOTICE. BY virtue of the statute in such case made and provided, I shall expose to sale at public auction, to the. highest bidder, on the day of , instant, [or, next,] at o'clock in the noon, at the house of J. K., in , one black horse of the age of six years, or thereabouts, marked with a star in his forehead, the same being a stray found upon my enclosed land in the town of ; and remaining unredeemed according to law. Dated the day of , 18. A. B. Receipt of Supervisor. RECEIVED of A. B., dollars and cents, being the pro ceeds of the sale of a stray black horse, after deducting therefrom the expenses of keeping, and the sale thereof, said horse having been advertised and sold at public auction, by the said A. B., as a stray, according to the statute, on the day of , 18 . , the day of , 18. H. F. Supervisor of the town of 236 FENCE-VIEWERS. Fence-Viewer's Certificate. STRAY HAS NOT BEEN REDEEMED. COUNTY, TOWN OF - , ss. 1, the undersigned, one of the Fence-Viewers of said town, do hereby certify, that upon the application of A. B., of said town, upon whose enclosed lands the following stray animals, to wit : [here name them,] came, on or a.bout the - day of - , 18 ,' and which strays have since that time been kept by the said A. B., and now remain unclaimed and unredeemed, I have ascertained, according to the best of my knowledge and judgment, and upon due inquiry and examination, the reasonable charges of keeping such strays, and that the same amount to the sum of - dollars ani - cents ; and that the fees for my service amount to - dollars. Given under my hand, this - day of - , 18 . E. F., Fence-Viewer Certificate where Parties cannot agree UPON THE CHARGES FOR KEEPING STRAYS. COUNTY, TOWN OF , 55. WHEREAS, a dispute having arisen between A. B. and C. D., of said town, concerning the reasonable charges of keeping the fol- lowing strays, to wit : [here name them,] which came upon the enclosed lands of the said A. B., on or about the day of , 18 , and have been kept by him since that time until the date hereof, and which are now claimed by the said C. D. : Now, therefore, we. the undersigned, two of the Fence- Viewers of said town of ,' do hereby certify that we have ascertained the rea- sonable charges of keeping said strays, after due inquiry and examination, and that the same amount to dollars and cents; and that the fees for our service amount to dollars. Given, &c., [as in Fence- Viewers' Certificate upon the killing of Sheep by Dogs.] FENCE-VIEWERS. WHEN two parties have lands adjoining, each must make and keep up his half of the division fence. If he neglect or refuse to do this, and the other receive injury thereby, the party so neg- lecting or refusing is liable to the other in damages to the amount of the injury, and for the fees and other charges incidental to FENCE- VIEWERS. 23f bringing the case before the Fence Viewers of the town, who are tlie proper persons to examine and adjudicate upon the ma'tter. When one of two or more parties, having lands adjoining, de- sires to remove his fence, and to let the land lie open, ho is at liberty to do so, at any time between the first of November and the first of April, by giving the other party or parties ten days' notice of his intention to apply to the Fence-Viewers of the town for permission to do the same ; but if the Fence-Viewers refuse to give him such permission, he must be governed by their order : should he, notwithstanding their refusal, remove the fence, he is liable to the other party or parties for all damages that may result to them thereby. When by flood, accident, or any cause, any party's half of a fence is broken down, removed, or destroyed, the party interested may give him ten days' notice in writing to replace it ; should he fail to do so, the party interested may erect it without further no- tice, and recover the full bill of the same, together with the costs of suit, in an action. All disputes by owners of adjpining lands relative to broken fences must be submitted to the Fence-Viewers of the town, whose decision must be given in writing, and must be receiv^ by the diaputants as conclusive. Certificate of Value of Fence BUILT BY AN ADJOINING OWNER. COUNTY, TOWN OF , ss. WHEREAS, A. B. and C. D) were, and are, the owners of certain lands adjoining, in said town of , and on the day of , 18, or thereabouts, the said A. B. erected a division fence between the land belonging to him and that of the said C. D., who had chosen to let the same lie open ; and whereas the said C. D. has, since that time, enclosed the said land belonging to him, and a dispute has arisen between the said parties, concerning the proper proportion of the value of the said division fence, to be paid for oy the said C. D. : Now. therefore, we, the un- dersigned, two of the Fence-Viewers of the said town of do hereby certify, that we have made due inquiry into the facts and examined the- premises; that the following is a correct de scription of the fence so built by the said A. B. as aforesaid, to wit : [give description ] that the value thereof, at the time of 23 3 FENCE-VIEWERS. building the same, was dollars ; and that the proper proportion of said value, to be paid by the said C. D. to the said A. B., is dollars : And we also certify, that the fees for our service amount to dollars. Given under our hands, this day of , in the year 18 E. F. ) Fence* G. II. I Viewers. Certificate UPON HEARING DISPUTE BETWEEN OWNERS OF ADJOINING LANDS. COUNTY, TOWN OF , 55. WHEREAS, A. B. and C. D. are the owners of certain lands ad- joining, in the said town of , and a dispute has arisen between them, concerning the respective proportions of a division fence to be maintained [or, made,] by them : Now, therefore, we, the un- dersigned, Fence-Viewers of the said town, do hereby certify, that upon the application of the said parties, we proceeded to examine the premises and hear the allegations of the said parties ; and that we do determine that said division fence be built as follows, to wit : [give description ;] that one third part of said fence is the proper proportion thereof to be built by the said A. B. } and that the remaining two thirds is the proper proportion thereof to be built by the said C. D. : And we also certify, that our fees for our service amount to dollars. Given, &c., \as in Certificate of Value of Fence built by an ad- joining owner.] Certificate of Damages WHERE DIVISION FENCE IS OUT OF REPAIR. COUNTY, TOWN OF , ss. WE, the undersigned, two of the Fence- Viewers of said town, e!o hereby certify, that upon the application of A. B., the owner of land adjoining the land of C. D. in said town, to ascertain and ap- praise certain damages alleged to havo been incurred by the said A. B., in consequence of the neglect [or refusal] of the said 0. D. to make [or maintain his proportion of a division fence between the aforesaid lands, we proceeded to examine the premises ; and, after due inquiry and examination by us made, we do deter mine that the said A. B. has sustained damages to his land, crops fruit trees, and shrubbery, [add " fixtures," if necessary,] in conse quence of the neglect [or refusal] of the said C. D. to make [o maintain] hia proportion of such division fence as aforesaid FENCE- VI EWERS. 239 which said damages wo have ascertained and dc appraise at dollars. Given, &c., [as in Certificate of Value of Fence built, by an ad oining owner.] Notice and Certificate of Consent. TO REMOVE DIVISION FENCE. To Mr. A. B. : TAKE notice, that I shall make application to E. F. and G. II., two of the Fence-Viewers of the town of , on the day of next, for permission to remove the division fence be- tween the land occupied by you in said town, and that owned and occupied by me, lying adjacent thereto. C. D. Dated the day of , 18. COUNTY, TOWN OF , ss. WE, the undersigned, two of the Fence-Viewers of said town, do hereby certify, that upon the application of C. D., made in accord- ance with a notice, of which the above is a copy, duly served upon A. B., therein mentioned, more than ten days before this day, we have examined the premises where the division fence named in said notice is situate, and do determine, that the same may, with propriety, be removed. Given, &c., [as in Certificate of Value of Fence by an adjoining owner.] 240 MINORS, MINORS. In law, both males and females are infants, or mnois, till tiiej arrive at the age of twenty-one years. In the States of Vermont and Ohio, females are legally of age at eighteen. No minor can bind him or herself by contract- for anything except necessaries such as food, clothing, or education. If he or she con- tracts for other than necessaries, on attaining his or her majority, he contract is void or voidable at his or her option. Minors can do no act to the injury of their property. In caso one should do so, he or she may repudiate or rescind it on arriving of age. A minor whose parents may have released his claim for his or her labor, or the wages arising therefrom, is not thereby enabled to enter into contracts which he or she may not at any time annul ; nor has a parent or guardian power to compel him or her to make any contract which he or she is not disposed to enter into. Every contract made by a minor which is to his or her injury is void ; but a contract which is clearly to his or her benefit is good ; and any contract that is uncertain, whether injurious or beneficial, is voidable or not, as he or she may choose. A contract for necessaries is binding on a minor when he or she becomes of age, and may be recovered in a suit of law ; but in order to recover the sum due for them, it must be shown that the articles were really necessary for him or her under the circum- stances and condition in which ho or she was placed when they were furnished. The real circumstances of the minor must be considered, and not his apparent condition. Necessaries for a minor's wife and children, or for either, are necessaries for him. If a minor obtain goods on the pretence that he or she is of age> and then refuse payment on the ground that he or she is, or was not then of age, the creditor cannot recover the value of the gooda, but he can have the minor so guilty punished for fraud. A parent is not bound by the contract of his son, even for ne- cessaries, unless an actual authority can be shown, or the circum- etances be sufficient to imply such authority. What circumstances are sufficient to imply an authority must always be a question to determine in each particular case. The safest rule in all such instances, however, is to always demand a written order or au- thority. A father is liable for necessaries furnished to his minor children; but they must be strictly necessaries such as the father is in duty bound to supply, but has failed to provide. In all such cases the sums due therefor may be recovered. If a minor be coaxed, cajoled, or forced into an unwilling mar- BOWES. 241 riage or other contract, he or she may repudiate the same on becoming of age. When a minor executes a contract, and pays money, or delivers property on the same, he cannot afterward disaffirm such contract and recover .the money or property, unless he restores to the other party the consideration received from him for such money or oroperty. DOWER. EVERY married woman is entitled by law to a ono third interest in all real property that may be left by her husband. This prop- erty is only for her use and benefit pairing life. She can neither sell nor give it away ; at her death it descends to the children, if any ; if not, then to her husband's nearest relations. This third interest is termed her dower. An interest on the part of a testator that his bequest to his wife shall be in lieu af her dower, must be so expressed, or must appear as satisfactorily as if it were expressed, or she will be still entitled to her dower. A widow who, as administratrix of the estate of her late husband, conveys such property, in whole or in part, to another, and gives a deed of warranty for the same, cannot afterward claim her dower, or any part thereof, from such property ; the deed being good to the holder she is effectually barred from all interest in it thereafter. A widow's third-interest is in the lands, and not on the crops nor any part thereof that may be growing on the lands at the time of her husband's decease. The crops so growing at that time descend to the heir, and if the widow makes use of what she rnis- takingly considers her one third share, she is liable to the heir for their full value. A widow's claim for dower of real estate is not subject to a sot- off for damages, nor for moneys due by her, nor for the receipt by her of rents and profits of the whole of the lands in which she claims dower. Her claim to the land is as good as would be the right of the heir in such a case. A married woman, in signing away property, with and at the request of her husband, may, if she so pleases, refuse to sign away her right to dower in such property. If a married woman be constrained from fear of, or by threats of violence on the part of, her husband, to sign off hor right to dower in any property, she may, on a complaint before a judge of any court in the county where such property is situate, cause tho deed so signed by her to bo rendered void and of no effect. No court will interpose to carry into effect an important gift bv 22 DISTRIBUTION OF PERSONAL ESTATES. a husband to his wife, except upon clear evidence that the hus- band understood the effect of his act. When a man agrees, before marriage, to relinquish all right and title to his wiife's property during her lifetime, and in case he should survive her, the wife may will the property to whom she pleases. Deposits of money, in bank, by a husband, in the name of hia survives to the wife. Distribution of Personal Estates. The statute of distributions in case of intestacy is as follows : Where the deceased shall have died intestate, the surplus of Ms personal estate remaining after payment of debts ; and where the deceased left a will, the surplus remaining after the payment of debts and legacies if not bequeathed, shall be distributed to the widow, children, r next of -kin of the deceased, in the man- ner following : 1. One third part thereof to the widow, and all the residue by equal portions among the children and such persons as legally represent such children, if any of them shall have died before the deceased. 2. If there be no children, nor any legal representative of them, then one moiety (that is one half) of the -whole surplus shall be allotted to the widow, and the other moiety shall be dis- tributed to the next of kin of the deceased entitled under the provisions of this section. 3. If the deceased leaves a widow, and no descendant, parent, brother or sister, nephew, or niece, the widow shall be entitled to the whole surplus ; but if there be a brother or sister, nephew or niece, and no descendant or parent, the widow shall be en- titled to a moiety of the surplus, as above provided, and to the whole of the residue where it does not exceed two thousand dol- lars ; if the residue exceed that sum, she shall receive, in addi- tion to her moiety, two thousand dc liars, and the remainder shall be distributed to the brothers and sisters, and their repre- sentatives. 4. If there be no widow, then the whole surplus shall be dis- tributed equally to and among the children and such as legally represent them. 5. In case there be no widow and no children, and nc repre- sentatives of a child, then the whole surplus shall be distributed to the next of kin > in equal degree to the deceased, and the legal representatives. 6. If the deceased shall leave no children, and no representa- tives of them, and no father, and shall leave a widow and a mo- DISTRIBUTION OF PERSONAL ESTATES. 243 ther, the moiety not distributed to the widow shall be distri- buted in equal shares to his mother and brothers and sisters, or the representatives of such brothers and sisters ; and if there be no widow, the whole surplus shall be distributed in like manner to the mother and to the brothers and sisters, or the representa- tives of such brothers and sisters. 7. If the deceased leave a father, and no child or descendant, the father shall take a moiety, if there be a widow, and the whole if there be no widow. 8.- If the deceased leave a mother, and no child, descendant, father, brother, sister, or representatives of a brother or sister, the mother, if there be a widow, shall take a moiety, and the whole if there be no widow. And if the deceased shall have been illegitimate, and have left a mother, and no child or de- scendant or widow, such mother shall take the whole, and shall be entitled to letters of administration in exclusion of all other persons, in pursuance of the provisions of this chapter. And if the mother of such deceased be dead, the relatives of the de- ceased on the part of the mother shall take in the same manner as if the deceased had been legitimate, and be entitled to letters of administration in the same order. 9. Where the descendants or next of kin of the deceased, en- titled to share in his estate, shall be all in equal degree to the deceased, their shares shall be equal. 10. When such descendants or next of kin shall be of unequal degrees of kindred, the surplus shall be apportioned among those entitled thereto, according to their respective stocks ; so that those who take in their own right, shall receive equal shares, and those who take by representation shall receive the shares to which the parent whom they represent, if living, would have been entitled. 11. No representation shall be admitted among collaterals after brothers' and sisters' children. 12. Relatives of the half blood shall take equally with those of the whole blood in the same degree ; and representatives of such relatives shall take in the same manner as the representa- tives of the whole blood. 13. Descendants and next of kin of the deceased, begotten be- fore his death, but born thereafter, shall take in the same man ner as if they had been born in the lifetime of the deceased, and had survived him. The preceding provisions respecting the distribution of es- tates do not apply to the personal estates of married women, but their husbands may demand, recover, and enjoy tlie same as they are entitled by the rules of the common law. When administration is granted to any person not the widow of or next of kin to a deceased person, and no one shall appear 244 PARTNERSHIP. to claim the personal estate of tlie deceased within two years after such. letters were granted, the surplus of such estate, which would be distributed as aforesaid, shall be paid into the Treasury of the State, for tue benefit of those who may there- after appear to be entitled to the same. In addition to the provisions in favor of the widow and minor children from the personal estate of her husband, it is provided, that she may tarry in the chief house of her husband forty days after his death ; whether hor dower be sooner assigned or not, Without being liable to any rent for the same, and in the mean- time she shall hava her reasonable sustenance out of the estate of her husband. This sustenance is to be provided out of the personal property of the husband, and through the executor or administrator, if one be appointed prior to the expiration of the forty days, and is to be given, according to the circumstances and station in life of the family, to the widow and necessarily to the children dependent on her, for it is impossible to separate the widow from her infant children. In providing this sustenance, the executor or administrator must exercise judgment and discretion in the same manner as in paying funeral expenses. Thus if the estate be abundant to pay all debts without doubt, items of mourning clothing for the widow and family may be included in the charges for sus- tenance ; while if the estate be involved, and the question should arise as against creditors, bare necessaries only could be allowed. PARTNERSHIP PARTNERSHIP is a voluntary contract of two or more persons to unite their money, effects, labor and skill, or some or all of them, as may be agreed upon, for the purpose of carrying on a specified business, with the understanding that both shall share the profit and loss arising from the same in certain proportions. There may be a partnership in a single transaction as well as in a continuing business ; between persons out of trade as well as in ; inasmuch as in either case there may be a combination of property or labor in order to a common undertaking and a com- mon profit. If one advances money, and another furnishes personal services in carrying on a business, and is to share in the profits, it amounts to a partnership. . So, if one participates in the profits and less of a purchase or sale, he is partner in the same. There are five kinds of partners, viz. : 1, Ostensible: 2 3 Nominal 8, Dormant: 4, Spwial; and 5, General. PARTNERSHIP. 245 Ostensible partners are they whose names appear to the public as partners. Nominal partners are they who have no interest in the business, but allow their names to be used by the firm. Dormant (or silent) partners are they who have an interest in the business, but whose names are not known to the public. Special partners are they who are interested in the business only to the amount of capita., they have invested in it. [Special part- nerships are governed altogether by statute, and can only be entered into by strictly conforming to the statute regulations of the State where the partnership is formed each State, as a gen- eral thing, having its own regulations for this delicate kind of partnership. No prudent man should form such a parternership without consulting a sound lawyer.] General partners consist generally of one or more partners who manage the business, while the capital, in whole or in part, but principally in part, is supplied by a special partner or partners. General partners are liable for all the debts and contracts of the firm. A nominal partner is liable for all the debts and contracts of the firm. A special partner is generally liable only for the amount of the capital he invests in the partnership. Any one who permits his name to be used in a firm, or who shares in the profit of the business, is liable to creditors as a partner. Each individual in a partnership is liable to the whole amount of the debts of the firm, whether he be active, nominal or dormant. The acts of one partner bind all the others, when such acts are done in the usual course of business of the firm. This stands good, although they may have agreed among themselves that ho shall have no such authority. When parties have a mutual interest in the profit and loss of any business carried on by them, and when they hold themselves out to the public as joint traders, they may be held responsible as partners by third persons, whatever may be the real nature of their connection. . Articles of Copartnership. Articles of copartnership, made this 12th day of September, 18G3, by and between E. D. and II. A., both of the city of Albany. The said parties hereby agree to form and do form a co- partnership, for the purpose of carrying on the general produce and commission business on the following terms and articles of agreement, to the faithful performance of which they mutually 246 PABTNEESHIP. engage and bin:! themselves. The style and name of the co- partnership shall be D. and A., and shall commence on the 20tb day of September, 1863. Each of said parties agree to contribute to the funds of the partnership the sum of $1,000 in cash, which shall be paid in on or before the 20th of September, 1863; and each of said parties shall devote and give all his time and attention to the business, and to the care and superintendence of the same. All profits which may accrue to the said partnership shall be divided, and all losses happening to the said firm, whether from bad debts, depreciation of goods, or any other cause or acci- dent, and all expenses of the business, shall be borne by the said parties equally. All the purchases, sales, transactions and accounts of the said firm shall be kept in regular books, which shall be always open to the inspection of both parties, and their legal representatives, respectively. An account of stock shall be taken, and an ac- count between the parties shall be settled as often as once a a year, and as much oftener as either partner may desire &nd in writing request. Neither of the said parties shall subscribe any bond, sign or indorse any note of hand, accept, sign or indorse any draft or bill of exchange, or assume any other liability, verbal or written, either in his own name or in the name of the firm, for the accom- modation of any other person or persons whatsoever, without the consent in writing of the other party ; nor shall either party lend any of the funds of the copartnership without such consent of the other party. Neither party shall be engaged in any other business, nor shall either party withdraw from the joint stock any more than $100 per quarter or $400 per year. On the dissolution of this copartnership, if the said parties 01 their legal representatives cannot agree in the division of the stock then on hand, the whole copartnership effects, except the debts due the firm, shall be sold at public auction, at which both parties shall be at liberty to bid and purchase like other individuals, and the proceeds to be divided after paying the debts of the firm. For the purpose of securing the performance of the foregoing agreements, it is agreed that either party, in case of any viola- tion of them or either of them by the other, shall have the right to dissolve this copartnership forthwith on his becoming in- formed of such violation. In witness whereof the said parties have hereto set their hands and seals the day and year first above written. E. D. [L. s.] [L.8.] H.A. LIABILITIES OP COMMON CARRIERS. 24 Y LIABILITIES OF COM MOIST A COMMON carrier is defined in law as a person who carries goods or packages, by land or water, as a business ; owners of stage wagons, stage coaches, rail cars, cartmen, teamsters, porters, owners and masters of vessels, canal boatmen, barge owners, &c., are common carriers. Common carriers are liable for the entire value of all gooda intrusted to- them, if not delivered to the parties to whom they are directed. They are not liable for the loss of goods when such loss is caused by lightnings, storms, hurricanes, earthquakes, de- cay, spontaneous combustion, leakage of casks or carelessness of shippers, nor in case they are captured or destroyed by pirates. But in all other cases the caarier is responsible for the full value of all goods he undertakes to transport. The owner or master of any vessel that is publicly open to transport anybody's goods to any designated foreign or domestic port is liable as a common carrier ; but a vessel that transports goods for one or more particular parties does not come under the carrier laws, nor yet an owner who lets the tonnage to particular shippers. If the owners charter a vessel to certain persons for a voyage, at a stipulated freight, they are liable as common car- riers, unless the terms of the charter party relieve them. Common carriers are responsible for the acts of all persons in their employ ; the act of the agent or servant being regarded as the act of the principal and master. Steamboats that tow vessels, and private persons conveying goods fo~! another on a special occasion, are not liable as common carriers, 248 LIABILITIES OB COMMON CARRIERS. Owners of passenger conveyance, such as stages, carriages, &o , are liable as common carriers for all luggage or baggage intrust- ed to their care, but not for goods, unless under a special agree- ment. Injuries tc goods by strangers must be made up by the carrier He is responsible for all damage to goods in his care by accidental fires, thefts, and robberies. A common carrier is bound by law to deliver all goods in the same good order as when intrusted to him. He must receive all such goods as are offered for the place at which he carries from any person willing or offering to pay the usual or a reasonable freight-charge. He may refuse to take them if his vessel or other means of transport is full, or if the goods aie dangerous to be carried, or till he is ready to receive them, or if they are goods it is not his custom to carry, or for a good reason. A carrier is not liable for loss by the freezing up of a river or canal, unless it can be shown that he neglected to use due dili- gence ; nor for the leakage of a vessel in a storm, nor for losses from collision of his ship with another, except in cases of negli- gence. A carrier is liable for goods from the moment they are delivered into his hands. A carrier is not liable for goods unless they are actually placed in his hands. When goods have reached the destined place, they must be delivered to the proper person or his agent. If the latter accepts the delivery, the carrier is no longer responsible. A carrier is. liable for losses from deposits or storages of gooda on the route ; but if goods are left in his possession an unreasonable time, he is only bound to give them ordinary care. No contract, nor public or personal notice, will exempt the car- rier of goods from losses caused by his own neglect or fraud or that of his agents ; but any notice of the carrier to the shipper that he will not take goods of great value, or that he will not pay more than a specified sum, unless specially informed of such value, is good. All ambiguous notices will be construed against the car- rier. Notices at each end of a route will nob bind parties who ship at intermediate places, unless such notice is specially made thereon to them. A personal notice to the principal is binding on all his agents who may forward goods by the same line. If the owner of goods mislead the carrier as to" their value, or make false statements calculated to lessen his vigilance, it is a fraud upon him. Where there is no notice, or special contract, it is enough for the owner to show the carrier's undertaking the ourriage of hia 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 of ordinary prudence in the carrier. A valid seizure of gooda FKE-KMPTION TO PUBLIC LAX1>3 249 because of an illegal act of the owner, will excuse a non-delivery , but the seizure must be valid, or the carrier will be liable. The carrier is authorized to put any claimant to the proof as to his title to take the goods; should he neglect to do this, he is liable. In case of stolen goods, the carrier mnst deliver them to the owner on demand. A carrier has a right to demand payment when he receives the goods ; if his demand is not complied with, he may refuse to take the goods. But if he take them, to be paid at the end of the route, he may detain them till paid, on his arrival there. Common carriers are bound to carry passengers safely and pro perly to the place agreed upon, and are responsible for all neglect. In case of an accident on the way, the carrier has to show that it was not his fault. All passengers are to be treated impartially for the general benefit. Ilude, coarse, or suspicious persons may be refused. The conveyance must be suitable for the passage, and have skilful, prudent conductors and servants. The baggage of passengers must be duly delivered to them, or, if so requested, the carrier must hold it for them a reasonable time. In the case of a rash, careless, or violent driver, who causes in- jury to the passengers or goods by racing, running foul of other vehicles, the proprietors are liable. A carrier may retain baggage for unpaid fare. PKE-EMPTION TO PUBLIC LANDS. Any individual claiming the benefits of tk e Pre-Emption act must First. A citizen of the United States, or have filed his declaration of intention to become a citizen. Second. Either the head of a family, or a widow, or a single mar over the age of twenty-one years. Third. An inhabitant of the tract sought to be entered, upon which, in person, he has made a settlement and erected a dwelling-house since the 1st of June, 1840, and prior to the time when the land is applied for ; which land must, at the date of the settlement, havs had the Indian title extinguished and been surveyed by the United States. 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 IB which the lands may lie, taken pursuant to the rules hereinafter pre scribed, will, after having taken the affidavit required by the act, be en- titled 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 tim prior to Iho day Q! tha 250 PRE-EMPTION TO PUBLIC UtNDS. soinmencement 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 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 intentions 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. iSce forms A and B, hereto annexed In all such cases, the proof, affidavit, and payment, must be made within twelve months after the date of such settlement. The tracts liable to entry under this act are some one of the following designations : First. A regular quarter-section, notwithstanding its quantity, may be a fe\v acres more or less than one hundred and sixty ; or a quarter- section, which, though fractional in quantity by the passage of a navi- gable stream through the same, is still bounded by regular sectional and quarter-sectional lines. Second. 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. Third. Two adjoining half quarter-sections (in all cases to be separated by a north and south line, except on the north side of townships, where the surveys are so made as to throw the excess or deficiency on the north and we&t side of the-township) 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 side 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. Fourth. Two hal r quarter or eighty-acre subdivisions of a fractional or broken section, adjoining each other, the aggregate quantity not ex- ceeding one hundred and sixty acres Fifth. A regular half-quarter and an adjoining fractional section, or an adjoining half-quarter subdivision of a fractional section, the aggre- gate quantity not exceeding one hundred and sixty acres. Sixth. If the pre-emptor should not wish to enter the quantity of one hundred and six*ty acres, he may enter a single half-quarter section, (made by a north and south line,) or an eighty-acre subdivision of a fractional section. Scncnth. One or more adjoining forty-acre lots may be entered, the aggregate not exceeding one hundred and sixty acres. Eighth. A regular half-quarter, a half-quarter subdivision, or a fractional section, may each be taken, with one or more forty-acre sub- divisions lying adjoining, the aggregate not exceeding one hundred and sixty acres. 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 liave con- formed to the other provisions of the law. PRE-EMPTION TO PUBLIC LANDS. 251 A person who has once availed himself of the provisions of this oof cannot-, at any future period, or at any other land office, acquire anothei right under it. No person who is the proprietor cf three hund'ed 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 own land to reside on the public land in the same State or Territoii,, is entitled to the benefits of this act. No pre-emption right exists by reason of a settlement on and inhabi- tancy of a tract, unless at the date of such settlement the Indian title thereto had been extinguished, and the land surveyed by the United States. The appro ^al of the r-lat is the evidence of the legality of the survey ; but in accordance with the spirit and intent of the law, and for the pur- pose of bringing the settler within its provisions, the land is to be con- strued as surveyed, when the requisite lines are run on the iield and on the corners established by the deputy surveyor. No assignments or transfers of pre-emption rights can be recognised. The patents must issue to the claimants, in whose names alone all en- tries must be made. Sundry Descriptions of Land which are exempted from the Operations of this Act. First. Lands included in any reservation by any treaty, law, or proc. lamation of the President of the United States, and lands reserved for salines and for other purposes. Second. Lands reserved for the support of schools. Third. Lands acquired by either of the two last treaties with the Miami tribe of Indians in the State of Indiana, or which may be ac- quired of the Wyandot tribe of Indians in the State of Ohio, or other Indian reservation to which the title has been or may be extinguished by the United States at any time during the operation of this act. Fourth. 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. Fifth. Sections or fractions of sections included within the limits of any incorporated town. , Sixth. Every portion of the public lands which has been selected aa a site for a city or town. Seventh Every parcel or lot of land actually settled and occupied for the purposes of trade, and not agriculture. Eighth. All lands on which are situated any known salines or mines. Persons claiming the benefit of this act are required to file duplicate affidavits, such as the law lequires, arid 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. The 'witnesses are to be first duly siroru or affirmed to speak the 252 PRE-EMPTION TO PUBLIC LANI>S. truth, and the who^e truth, touching the subject of inquiry, by some officer competent to administer oaths and affirmations. Iii case adverse claims shall be made to the same tract, each claim- ant must 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 should also be subject to cross- examination. When, by reason of distance, sickness, or infirmity, the witnesses cannot come before the Register of the Land Office, the latter is author- ized to receive their depositions ; which must be, in all other respects, confoi-mabls to the wit! in regulations. The notice to adverse claimants should be in writing, and should be served in time to allow at least a day for every twenty miles the party may have to travel in going to the place of taking evidence. The proof, in all cases, should consist of a simple detail of facts merely, and not of statements in broad or general terms. i The witnesses must state, if the pre-emptor be the " head of a fam- ily," 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 family, either of relatives or others depending upon him, or hired persons, or slaves. All the facts respecting the settlement in person, inhabitancy or per- sonal residence, the time of commencement, the manner and extent o* continuance, as well as those showing the apparent objects, should be Btated. It must be stated that the claimant made the settlement on the land in person ; that be has erected a dwelling upon the land ; that the claim- ant lived in it, and made it his home, <fcc. Should the land officer de- cide against a claimant, he may appeal to the commissioner of the land office at Washington. The affidavit of the claimant in reference to the fact of .settlement, &c., is not required. The only affidavit required of the claimant ia that prescribed by the 13th section of the act. (See form C, hereunto annexed ) No entry must be permitted until this affidavit is taken. Duplicates thereof must be signed by the claimant, and the fact of the oath being taken must be certified by the Register or Receiver administering it ; one copy to be filed in the Register's office, and the other to be trans- mitted to the land office at Washington. Declaratory Statements of a Settler on Land Subject to Pri- vate Entry at the Date of Settlement, required by the Fifteenth Section of the Act of 4th Sept., 1841. FORM A. TOB CASES WHERE. AT THE DATE OP THE LAW, THE LAND CLAIMED WAS SUBJECT TO PRIVATE ENTRY. I, A. B., of , being [the head of a family or widow, or single wan over the age of twenty-one years, as the ca3 may be, and a citizen PRE-EMPTION TO PUBLIC LANDS. 253 af 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 iirst day of June, 1840, to wit, on the day of , A. D , 185-, settled and improved the quarter section, number , in town- ship number , of range number , in the dit trict of lands sub- ject to sale at the land office at , and containing acres, which land was subject to private entry at the passage of the act of 4t"i of Sep- tember, 1841 ; 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 4th September, 1841. Given under my hand, this day of , A. D., 186 . (Signed) A. B. In presence of C. D. FORM B. FOR CASES WHERE THE LAND CLAIMED SHALL HAVE BEEN RENDERED SUB- JECT TO PRIVATE ENTRY SINCE THE DATE OF 1HE LAW. I, A. B., of , being [the .head of a family, or widow, or single man over the age of twenty-one years, as the case may be, 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] did, on the day of , A, D., 185-, settle and improve the quarter of section number , in township number of range number , in the district of lands subject to sale at the land office at , and con- taining '- acres, which land has been rendered subject to private entry since the passage of the act of 4th of September, 1841, but prior to my settlement thereon ; and I do hereby declare my intention to claim the eaid traet of land as a pre-emption right, under the provisions of said Mt of 4th September, 1841. Given under my hand, this day of , A. D., 186 . (Signed) A. B, In presence of C D. FORM C. AFFIDAVIT REQUIRED OF PRE-EMPTION CLAIMANT. 1, A. B., claiming the right of pre-emption under the provisions of the bt of Congress, entitled u An act to appropriate the proceeds of the ale of the public lauds, and to grant pre-emption rights," approved September 4th, 1841, to the quarter of section number , of township number , of range number , subject to sale at , 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 speciilation, tut in good faith to appro- priate it to my own exclusive use or benefit ; and th*t I have not <ii 254 PKE-EMTTION TO PUBLIC LANDS. rectly or indirectly, 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 inure, in whole or in part, to the benefit of any person except myself. (Signed) A. B. I, 0. D., Register, [or E. F., Receiver] of the land office at , do hereby certify that the above affidavit was taken and subscribed before me, this day of , A. D., 18G . (Signed) C. D., Register. Or, E. F., Receiver The following is the Act of 'Congress on which the foregoing ". founded : An Act to appropriate the Proceeds of the Sales of the Public Lands and to grant Pre-Emption Eights. SEC. 10. And be it further enacted, That from and after the passage of this act, every person, being the head of a family, or widow, or single man over the age of twenty -one years, and being a citizen of the United States, or having filed his declaration of intention to become a citizen, as required by the naturalization laws, who, since the first day of June, A. D. eighteen hundred and forty, has made, or shall hereafter make, a settlement in person on the public lands to which the Indian title had been, at the time of such settlement, extinguished, and which has been, or shall have been surveyed prior thereto, and who shall inhabit and improve the same, and who has or shall erect a dwelling thereon, shall be, and is hereby authorized to enter with the register of the land office, for the district in which such land may lie, by legal subdivisions, any number of acres not exceeding one hundred and sixty, or a quarter- section of land, to include the residence of such claimant, upon paying to the United States the minimum price of such land, subject, however, to the following limitations and exceptions : No person shall be en- titled to more than one pre-emptive right by virtue of this act ; no person who is the proprietor of three hundred and twenty acres of land in any State or Territory of the United States, and no person who shall quii or abandon his residence on his own land to reside on the public land in the same State or Territory, shall acquire any right of pre- emption under this act; no lands included in any reservation, by any treaty, law, or proclamation of the President of the United States, or reserved for salines, or for other purposes ; no lands reserved for the sup- port of schools, nor the lands acquired by either of the two last treaties with the Miami tribe of Indians in the State of Indiana, or which may be acquired of the Wyandot tribe of Indians in the State of Ohio, or other Indian reservation to which the title has been or may be extin- guished by the United States at any time during the operation of this act ; no 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 ; no sections or fractions of sec- tions included .within the limits of any incorporated town : no portions PRE-EMPTION TO PUBLIC LA.NDS. 255 of the public lands which have been selected as the site for a city of town ; no parcel or lot of land actually settled and occupied for the purposes of trade and not agriculture ; and no lands on which are situ- ated any known salines or mines, shall be liable to entry under and by virtue of the provisions of this act. And so much of the proviso of the act of twenty-second of June, eighteen hundred and thirty-eight, or any order of the President of the United States, as directs certain reser- vations'to be made in favor of certain claims under the treaty of Dancing- rabbit creek, be, and the same is hereby repealed : Provided, That Buch repeal shall not affect any title to any tract of land secured in virtue of said treaty. SEC. 11. And be it further enacted, That waen two or more persons shall have settled on the same quarter-section of land, the right of pre- emption shall be in him or her who made the first settlement, provided such persons shall conform to the other provisions of this act ; and all questions as to the right of pre-emption arising between different settlers shall be settled by the register and receiver of the district within which the land is situated, subject to an appeal to and a revision by the Secre- tary of the Treasury [Interior] of the United States. SEC. 12. And be it further enacted, That prior to any entries being made under and by virtue of the provisions of this act, proof of the set- tlement and improvement thereby required shall be made to the satis- faction of the register and receiver of the land district in which suck lands may lie, agreeably to such rules as shall be prescribed by the Secretary of the Treasury, [Interior,] who shall each be entitled to re- ceive fifty cents from each applicant for his services, to be rendered as aforesaid ; and all assignments and transfers of the right hereby secured, prior to the issuing of the patent, shall be null and void. SEC. 13. And be it further enacted, That before any person claiming the benefit of this act shall be allowed to enter such lands, he or she shall make oath before the receiver or register of the land district in which the land is situated (who are hereby authorized to administer the same), that he or she has never had the benefit of any right of pre- emption under this act ; that he or she is not the owner of three hun- dred and twenty acres of land in any State or Territory of the United States, nor hath he or she settled upon and improved said land to sell the same on speculation, but in good faith to appropriate it to his or her own exclusive use or benefit ; and that he or she 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 or she might acquire from the government of the United States should inure, in whole or in part, to the benefit of any person except himself or herself; and if any person taking such oath shall swear falsely In the premises, he or she shall be subject to all the pains and penalties of perjury, and shall forfeit the money which he or 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, for a valuable consideration, shall be null and void. And it shall be the duty of the officer administering such oath to file a certificate thereof in the public land office of such district, and to transmit a duplicate copy to tha General I and Office cither of 256 PRE-EMPTION TO PUBLIC LANI>S. which shall be good and sufficient evidence that such oath was admftv istered according to law. SEC. 14. And be it further enacted, That this act shall not delay the sale of any of the public lands of the United States beyond th time which has been, or may be appointed by the proclamation of the President ; nor shall the provisions of this act be available to any person or persons who shall fail to make the proof and payment and tile the affidavit required, before the da} 7 appointed for the conimence- iu<mt of the sales as aforesaid. SEC; 15. And be it further enacted, That whenever any person has settled or shall settle and improve a tract of land, subject at the tirn of settlement to private entry, and shall intend to pxirchaee the same under the provisions of this act, such person shall, in the first case, within three months after the passage of the same, and in the last, within thirty days next after the date of such settlement, file with the register of the proper district a written statement describing the lands settled upon, and declaring the intention of such person to claim the same under the provisions of this act : and shall, where such settlement is already made, within twelve months after the passage of this act, and where it shall hereafter be made, within the same period after the date of such settlement, make the proof, affidavit, and payment herein required ; and if he or she shall fail to file such written statement ai aforesaid, or shall fail to make such affidavit, proof, and payment, within twelve months aforesaid, the tract of land so settled and im proved shall be subject to the entry of any other purchaser. Approved September 4, 1841. The act of Congress of the 26th August, 1842, entitled " An act to confirm the sale of public lands in certain cases," contains the follow- ing declaration, viz : " That the act of fourth September, eighteen hundred and forty-one, entitled 'An act to appropriate the proceeds of the sales of public lands, and to grant pre-emption rights,' shaL be so construed as not to confer on any one a right of pre-emption, by reason of a settlement made on a tract heretofore sold under a prior pre-emption law, or at private entry, when such prior pre-emption or entry has not been confirmed by the General Land Office, on account of any alleged defect therein, and when such tract has passed into the hands of an innocent and bona fide purchaser." No entry will, therefore, be permitted, by virtue of the act of 4th September, 1841, of any tract of land sold prior to 26th August of that year, whether by pre-emption or private entry, where such entry has been rejected by the General Land Office at Washington ; provided the land so purchased has, prior to that time, " passed into the hands of an innocent bona fide purchaser." All transfers or assignments to third persons are presumed to be to '.innocent and bona fide purchasers," unless the contrary is shown by satisfactory evidence. The Register of every land office will require of every claimnnt satisfactory proof that he had not left his " own land in the same State or Territory," to make the settlement by virtue of which he claims a tight under the act of 4th September, 1841. Lands subject to private entry, at the time of the settlement thereon, PRE-EMPTION TO PUBLIC LANDS. 257 cannot be entered by the settler, under the law of 4th September, nnlesa he shall file a declaratory statement, such as the 15th section of th act requires, and in due time produce the necessary proof of his right, and make the affidavit required by the law. Where such settler, instead of entering the land, as he might, at private entry, elects to enter the same under the provisions of the law of 4th September, 1841, (whereby he obtains a year's time from the date of the settlement to make the payment,) he is bound to comply with all the requirements of that law. A failure to <io so, in regard to any of these, requirements, renders the land subject to the entry " of any other purchaser." Instances have transpired where persons filed the -declaratory statement, as reqxiired, without any improvements hav- ing been made, merely with a view of keeping the land from being entered by any other person for a year, intending rear the expiration of that time to abandon their pretended pre-emption claim, and entei the same at private entry. The consummation of all tuch cases must be prevented by the land agent, who is authorized to exact a rigid com- pliance with all the provisions of the law, as above directed. A claimant is bound to prove his right 1o, and enter all the land embraced by his declaratory statement, if liable to the operation of the act. Declaratory statements are required only " for land subject to pri- vate entry,'' at the time of settlement, and they w.'ll not be received, if presented for any other land ; nor will they be received for forty- acre* lots, unless they are " residuary" ones, such minor subdivisions, with the exception of residuary f tracts, not, being liable to the opera- tion of the act of 4th September, 1841. The law provides only for settlements made since 1st June, 1840. Where, therefore, parties have made settlements prior to that time, and have not availed themselves of the privileges of the pre-emption act of 1st June, 1840, their own neglect has deprived them of any right of pre-emption founded on such ettlements. The proof filed by every claimant, must show the time J of the com- mencemcnt of settlement. The affidavit of the claimant required by the ICth section of tfce act must be taken " before the Register or Receiver, ol 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 befon any other person will not justify the land agent in permitting the entry of the land claimed. The law confers only on the first settler the right of pre-emption. The question of priority will, in all cases, be decided by the land agent ; * By an act of 8th May, 1846, forty-acre tracts, whether of " offered" or u un. offered" land, are rendered subject to pre-emption. t Where an entry has been made of one forty-acre lot of a legal eighty acre sub- division, in virtue of the act of 5th April, 1832, entitled " An act supplementary to the several laws for the sale of the public lands." the con, iguotis forty-acre lot of such legal subdivision is called the "residuary quarter-quarter." $ This date is all important for the purpose of determining in all cases whether the settlement was made within the proper time, and in those whsr-i the deo^r* tory statement is required, whether such statement was filed in cu <UUMKU>, 4114 lb entry mad within the lespal period after the settlement. 258 PRE-EMPTION TO PUBLIC LANDS. but an appeal may be taken from such decision to the Secretary of the Interior, at Washington, upon the receipt of which by the land agent, the entry can be made by the person in whose favor the decision may be. Form of an Affidavit to be filed in cases where the settiei shall have died before proving up and entering his claim. I, A. B., [executor of the estate of C. D., or administrator cf the estate of C. D., or one of the heirs of C. D., aged years, as the case may be,~\ do solemnly swear [or affirm, as the case may be] that the said C. D , to the best of my knowledge and belief, entered upon the quarter of section number , of township number , of range number , subject to sale at , in his own right, and exclusively for his own use and benefit ; and that he has not, directly or indirectly, made any contract or agreement, in any way or manner, with any person or persons whatever, by which the title to the land which he might have acquired from the government of the United States, by virtue of said settlement, under the law of 22d June, 1838, or 1st June, 1840, as the case may oe,] should inure to the use or benefit of any one except himself, or to convey or transfer the said land, or the title which he might have acquired to the same, to any other person or peraons whatever, at any subsequent time. A. B., Executor of the estate of C. D., [or administrator of the estate of 0. D., or one of the heirs 01 C. D., as the case may be.] Sworn to and subscribed before me, this day of , A. LX 1R6-. E. F., Register, or G. H., Receiver, or I. K., Justice of the Peace. Form of Affidavit to be filed in cases where the settler shall have died before proving up and entering his claim. I, A. B., [executor of the estate of C. D., or administrator of the estate of C. D., or one of the heirs of C. D., aged years, as the case may be,] do solemnly swear [or affirm, as the case may be,] that, to the best of my knowledge and belief, the said C. D., who was a settler on the quarter ef section number , of township num- ber of range number , subject to sale at , 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 pre-emption rights," approved September 4, 1844 ; that he was not, at the time of his death, the owner of three hundred and twenty acree of land in any State or Territory of the United States ; that he PRE-EMPTION TO PUBLIC LANDS. 259 did not settle upor and improve the above tract of land on speculation, hut in good faith to appropriate it to his own exclusive use and bene- fit ; and that he lias not, directly or indirectly, made any agreement or contract, in any way or manner, with any person or persons whatso- ever, by whicirthe title which he might have acquired from the govern- ment of the United States should inure in whole or in part, to the benefit of any person except himself. (Signed) A. B., Executor [ or administrator, or one of the heirs of C D., as Ike case may be. I, E F., Register [ or G. H., Receiver] of the land office at do hereby certify that the above affid avit was taken and subscribed be- fore me, this day of , A. D., 186-. (Signed) E. F., Register, or G. H., Receiver. Form of Declaratory Statement for cases where the land is not subject to. private entry. I, A. B., of , being [the head of a family, or widow, or single man over the age of twenty-one years, as the case may be, a citizen of the United States, or having tiled my declaration to become a citizen, as re- quired by tr 2 naturalization laws, as the case may be,] did, on the day of , A. D., 18 , settle and improve the quarter oi section number , in township number , of range number , in the district of lands subject to 8ale at the land office at , and containing acres, which land has not yet been offered at public sale, and thus rendered subject to private entry ; and I do hereby de clare my intention to claim the said tract of land as a pre-emption right, under the provisions of said act of 4th September, 1841. Given under my hand, this day of , A. D., 18 . (Signed) A. B. In presence of C. D. The following is an Act to authorize the investigation of alleged frauds under the pre-emption laws, and for other purposes : Be it enacted by the Senate and House of Representatives of the Unitea States of America in Congress Assembled, That the Commissioner of the General Land Office be, and he hereby is authorized to appoint a competent agent, whose duty it shall be, under direction of said Com- missioners, to investigate, upon oath, the eases of fraud under the pre- emption laws alleged to exist in the Columbus land district, in the State of Mississippi, referred to in the late annual report of said Com- missioner, communicated to Congress by letter of the Secretary of the Treasury, dated December the fifteenth, one thousand eight hundred and forty-two ; and that such agent shall examine all witnesses who may be brought before him by the individual or individuals alleging the fraud, as well as those witnesses who may be produced by th parties is 260 PKE-EMPTION TO PCBLTC interedt to sustAin said claims ; and that he be, and is heieby in vetted witn power to administer to such witnesses an oath to speak "the truth in regard to any question which may be deemed necessary to the full ex ami nation of the cases 20 alleged to be fraudulent ; and such testimony shall he reduced to writing, and subscribed by each witness, and the same returned to the Commissioner, with the opinion of said agent or. each claim ; and any witness, so examined before the said agent, who shall swear wilfully and falsely in regard to any matter or thing touching such examination, shall be subject, on conviction, to all the pains and penalties of perjury ; and it shall be the duty of the Commissioner to de- cide the cases thus returned, and finally to settle the matter in contro- versy, subject alone to an appeal to the Secretary of the Treasury Provided, That the power conferred by this section upon siich agerit is hereby limited to the term of one year from and after the date of this act ; and the compensation to be paid to said agent shall not exceed three dollars per day for each day he may be necessarily engaged in the performance of the duties required by this section. SEC. 2. And be it further enacted, That in any case where a party en- titled to claim the benefits of any of the pre-ernption laws, shall have died before consummating his claim by filing, in due time, all the pa- pers essential to the establishment of 'the same, it shall be competent for the executor or administrator of the estate of such party, or one of the heirs, to file the necessary papers to complete the same : ^Provided. That the entry in such cases shall be made in favor of " the hei s " of the de- ceased pre-emptor, and a patent thereon shall cause the title to inure to said heirs as if their names had been specially mentioned. SEC. 3. And be it further enacted, That every settler on section sixteen, reserved for the use of schools, or on the other reserves or land covered by private claims of others which was not surveyed at the time of such settlement, and who shall otherwise come within the provisions of the several pre-emption laws in force at the time of the settlement, upon proof thereof before the register of the proper land office, shall be en- titled to enter, at the minimum price, at any other quarter-section, or fractional section, or fractional quarter-section, in the land district in which such school section or reserve or private claim may lie, so as not .o exceed one hundred and sixty acres, not reserved from sale or in the occupancy of any actual bona fide settler : Provided, Such settlement was made before" the date of the act of fourth of September, eighteen hundred and forty-one, and after extinguishment of the Indian title. SEC. 4. And be it further enacted, That where an individual has filed, under the late pre-emption law, his declaration of intention to claim the benefits of said law for one tract of land, it shall not be lawful for the game individual at any future time to file a second declaration for anoth- er tract. SEC. 5- And be it further enacted, That claimants under the late pre- emption law, for land not yet proclaimed for sale, are required to make known their claims, in writing, to the register of the proper land office, within three months from the date of this act when the settlement has Wen already made, and within three months from the time of the settle- ment when such settlement shall hereafter be made, giving the designa- tion of the tract and the time of settlement ; otherwise his claim to b PRE-EMPTION TO PUBLIC LANDS. 261 forfeited, aiL<i the tract awarded to the next, settler, in the order of time, on the same tract of land, who shall have given such notice, and other- wise complied with the conditions of the law. SK.C. 6. And be it further enacted, That whenever the vacancy of th office either of register or receiver, or of both, shall render it impossible for the claimant to comply with any reqiiisition of any of the pre-emp- tion laws within the appointed time, such vacancy shall not operate to the detriment of the party claiming in respect to any matter essential to the establishment of his claim : Provided, That such requisition is complied with within the same period after the disability is removed, as would have been allowed him had such disability not existed. SEC. 7. And be it further enacted, That where a settler jon the public lands may reside on a quarter-section, a fractional quarter-section, or a fraction of a section lees than one hundred and sixty acres, and cultivat- ed land on any other and different tract of either of the descriptions aforesaid, he or she shall be entitled, under the act of June twenty- two, one thousand eight hundred and thirty-eight, to the same privileges of a choice between two legal subdivisions of each, so as to include his or her house and farm, not to exceed one hundred and sixty acres in all, as is granted by the first section of that act to settlers residing on a quart- er-section and cultivating on another and different quarter. SEC 8, And be it further enacted. That where two or more persons are residing on any of the species of tracts specified in section seven of this act, as required by the acts of the twenty-second of June, one thousand eight hundred and thirty-eight, and first. of June, one thousand eight hundred and forty, and any one or more of said settlers may have culti vated land during the period of residence required by either of said acts on another and different tract, or other and different tracts, the latter- mentioned settlers shall be entitled to the option of entering the tract lived on, jointly with the other or others, or of abandoning the tract lived on to those who have not cultivated land as above required, and entering the tract or tracts cultivated, so as not to exceed one hundred and sixty acres to any one settlej*, who, by virtue of this section, is enti- tled to a separate entry ; or such joint settlers may jointly enter the tract BO jointly occupied by them, and, in addition, enfer other contiguous un- occupied land, by legal subdivisions, so as not to exceed one hundred and sixty acres in all to each of such joint settlers : Provided, That the ex- tended privileges granted to pre-emptors by this act shall not be con- strued to deprive any other actual settler of his or her previous and paramount right of pre-emption, or to extend to lands reserved for any purpose whatever. SKC. 9. And be it further enacted, That all persons coming within the tenth section of the act of the fourth of September, eighteen hundred and forty-one, entitled " An act to appropriate the proceeds of the sales of the public lands and to grant pre-emption rights," shall be entitled to the right of pre-emption under its provisions, notwithstanding such persons claiming the pre-emption shall have settled upon and improved the lands claimed before the same were surveyed : Provided, Such settle- ments were made before the date of the aforesaid act, and after the ex tinguishment of the Indian title. And said act shall not be so construed as to preclude any person who may have filed a notice of intention to 262 PRE-EMPTION TO PUBLIC LANDS. claim any tract of land by pre-emption, under said act, from the right allowed by law to others to purchase the same by private entry afte? the expiration of the right of pre-emption. Approved March 3, 1843. AN Act to repeal a part of the act entitled " An Act supplementary to the several laws for the sale of the public lands," approved April fifth, one thousand eight hundred and thirty-two, and for other purposes. Be it enacted by the Senate and House of Representatives of the United Stales of America in Congress assembled, That from and after the passage of this act, the second proviso to the act entitled " An Act supplementary to the several laws for the sale of the public lands," approved April fifth, one thousand eight hundred and thirty-two, whjch is as follows, viz " That no person shall be permitted to enter more than one half quarter- section of land under this act in quarter quarter-sections in his own name, or in the name of any other person, and in no case unless he in- tends it for cultivation or for the use of his improvement. And the per- son making application to make an entry under this act shall file his or her affidavit, under such regulations aa the Secretary of the Treasury [Interior] may prescribe, that he or she makes the entry in his or her own name, for his or her own benefit, and not in trust for another," shall be, and the same is hereby repealed ; and all entries, selections, or locations of lands now suspended in the General Land Office, because made contrary to the restrictions in this proviso, shall be, and they are hereby confirmed, provided they are in all other respects fair and reg- ular. Approved May 8, 1846. With the foregoing the reader has all the laws and information pertcin ing to pre-emption in the possession of the Department. PRE-EMPTION TO PUBLIC LANDS. 263 An Act to secure Homesteads to Actual Settlers on the Public Domain, May 20th, 1862. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any person who is the head of a family, or who has arrived at the age of twenty-one years, and is a citizen of the United States, or who shall have filed his declaration of intention to become such, as required by the naturalization laws of the United States, and who has never borne arms against the United States Govern- ment, or given aid and comfort to its enemies, shall, from and aftei the first January, eighteen hundred and sixty-three, be entitled to enter one quarter section or a less quantity of unappropriated public lands, upon which said person may have filed a preemp- tion claim, or which may, at the time the application is made, be subject to preemption at one dollar and twenty-five cents, or less, per acre ; or eighty acres or less of such unappropriated lands, at two dollars and fifty cents per acre, to be located in a body, in conformity to the legal sub-subdivisions of the public lands, and after the same shall have been surveyed : Provided, That any person owning and residing on land may, under the provisions of this act, enter other land lying contiguous to his or her said land, which shall not, with the land so already owned and occupied, exceed in the aggregate one hundred and sixty acres. SEC. 2. And be it further enacted, That the person applying for the benefit of this act shall, upon application to the register of the land office in which he or she is about to make such entry, make affidavit before the said register or receiver that he or she is the head of a family, or is twenty-one years or more of age, or shall have performed service in the army or navy of the United States, and that he has never borne arms against the Government of the United States, or given aid and comfort to its enemies, and that such application is made for his or her exclusive use and benefit, and that said entry is made for the purpose of actual settlement and cultivation, and not either directly or indirectly for the use or benefit of any other person or persons whomsoever ; and upon filing the said affidavit with the register or receiver, and on payment of ten dollars, he or she shall thereupon be per- mitted to enter the quantity of land specified : Provided, how- ever, That no certificate shall be given or patent issued therefor until the expiration of five years from the date of such entry ; and if, at the expiration of such time, or at any time within two years thereafter, the person making such entry ; or, if he be dead, his widow; or, in case of her death, his heirs or devisee; o in case of a widow making such entry, her heirs er devisee, in case 264 PRE-EMPTION TO PUBLIC LANDS. of her death, shall prove by two credible witnesses that ho, or they have resided upon or cultivated the same for the term of five years immediately succeeding the time of filing the affidavit aforesaid, and shall make affidavit that no part of said land has been alienated, and that he has borne true allegiance to the Gov- ernment of the United States ; then, in such -case, he, she, or they, if at that time a citizen of the United States, shall be entitled to a patent, as in other cases provided for by law : And provided, further, That in case of the death of both father and mother, leaving an infant child, or children, under twenty-one years of age, the right and fee shall enure to the benefit of said infant child or children ; and the executor, administrator, or guardian may, at any time within two years after the death of the surviv- ing parent, and in accordance with the laws of the State in which such children for the time being have their domicil, sell said land for the benefit of said infants, but for no other purpose ; and the purchaser shall acquire the absolute title by the purchase, and be entitled to a patent from the United States, on payment of the office feer and sum of money herein specified. . SEC. 3. And Le it further enacted, That the register of the Hand office shall note all such applications on the tract books and plats of his office, and keep a register of all such entries, and make return thereof to the General Land Office, together with the proof upon which they have been founded. SEC. 4. And be it further enacted, That no lands acquired under the provisions of this act shall in any event become liable to the satisfaction of any debt or debts contracted prior to the issuing of the patent therefor. SEC. 5. And be it further enacted. That if, at any time after the filing of the affidavit, as required in the second section of this act, and before the expiration of the five years aforesaid, it shall be proven, after due notice to the settler, to the satisfaction of the register of the land office, that the person having filed such affidavit shall have actually changed his or her residence, or abandoned the said land for more than yix months at any time, then and in that event the land so entered shall revert to the government. SEC. 6. And be it further enacted, That no individual shall be . permitted to acquire title to more than one quarter section under the provisions of this act ; and that the Commissioner of the General Land Office is hereby required to prepare and issue such rules and regulations, consistent with this act, as shall be neces- sary and proper to carry its provisions into effect ; and that the registers and receivers of the several land offices shall be entitled to receive the same compensation for any lands entered under the provisions o.f this act that they are now entitled to receive when the same quantity of land is entered with money, one half PRE-EMPTION TO PUBLIC LANDS. 265 to be paid by the person making the application at the time of so doing, and the other half on the issue of the certificate by the person to whom it may be issued; but this shall not be con strued to enlarge the maximum of compensation now prescribed by law for any register or receiver : Provided, That nothing con- tained in this act shall be so construed as to impair or interfere in any manner whatever with existing preemption rights : And provided, further, That all persons who may have filed their ap- plications for a preemption right prior to the passage of this act, shall be entitled to all privileges of this act : Provided, fur- ther, That no person who has served, or may hereafter serve, for a period of not less than fourteen days in the army or navy of the United States, either regular or volunteer, under the laws thereof, during the existence of an actual war, domestic or foreign, shall be deprived of the benefits of this act on account of not having attained the age of twenty-one years. SEC. 7. And be it further enacted, That the fifth section of the act entitled " An act in addition to an act more effectually to provide for the punishment of certain crimes against the United States, and for other purposes," approved the third of March, in the year eighteen hundred and fifty-seven, shall extend to all oaths, affirmations and affidavits, required or authorized by this act. SEC. 8. And be it further enacted, That nothing in this act shall be so construed as to prevent any person who has availed him or herself of the benefits of the first section of this act, from paying the minimum price, or the price to which the same may have graduated, for the quantity of land so entered at any time before the expiration of the five years, and obtaining a patent therefor from the government, as in other cases provided by law, on making proof of settlement and cultivation as pro- vided by existing laws granting preemption rignts. Approved, May 20th, 1863. 266 MISCELLANEOUS INFORMATION. MISCELLANEOUS INFORMATION. A promise of a debtor to give " satisfactory security " for the pay- ment of a portion of his debt, is a sufficient consideration for a release of the residue by his creditor. Administrators are liable to account for interest on funds in their hands, although no profit shall have been made upon them, unless the exigencies of the estate rendered it prudent that they should hold the .funds thus invested. Any person who voluntarily becomes an agent for another, and in that capacity obtains information to which as a stranger he could have had no access, is bound, in subsequent dealing with his prin- cipal, as purchaser of the property that formed the subject of hia agency, to communicate such information. Whm a house is rendered untenantable in consequence of im- provements made on the adjoining lot, the owner of such cannot recover damages, because it is presumed that he had knowledge of the approaching danger in time to protect himself from it. Whin a merchant skip is abandoned by order of the master, for the pu -pose of saving life, and a part of the crew subsequently meet tlie vessel so abandoned, and bring her safe into port, they will be entitled to salvage. A person who has been led to sell goods by means of false pre- tences, cannot recover them from one who has purchased them in good faith from the fraudulent vender. An agreement by the holder of a note to give the principal debtor time for payment without depriving himself of the right to sue, does not discharge the surety. A seller of goods who accepts, at the time of sale, the note of a third party, not dhdorsed by the buyer, in payment, cannot, in case the note is not paid, hold the buyer responsible for the value of the goods. A day book copied from a "blotter" in which charges are first made, will not be received in' evidence as a book of original en- tries. Common carriers are not liable for extraordinary results of neg- ligence that could not have been foreseen by ordinary skill and foresight. A bidder at a Sheriff's sale may retract his bid at any time before tho property is knocked down to him, whatever may bo the condi- tions of the sale. Acknowledgment of debt to a stranger does not preclude the operation of the statute. The fruits and grass on. the farm or garden of an intestate dos cend to tho heir. MISCELLANEOUS INFORMATION, 267 Agents are solely liable to their principals. A deposit of money in bank by a husband in the name of his wife fri mves to her. Money paid on Sunday contracts may be recovered. A debtor may give preference to one creditor over another, unless fraud or special legislation can be proved. A court cannot give judgment for a larger sum than that specified in the verdict. Imbecility on the part of either the husband or the wife invalid ates the marriage. An action for malicious prosecution will lie, though nothing fur- ther was done than suing out warrants. An agreement not to continue the practice of a profession or business in any specified -town, if the party so agreeing has re- ceived a consideration for the same, is valid. When A. consigns goods to B. to sell on commission, and B. delivers them to C. in payment of his own antecedent debts, A. can recover their value. A finder of property is compelled to make diligent inquiry for the owner thereof, and to restore the same. If, on finding such property, he attempts to conceal such fact, he may be prosecuted for larceny. A private person may obtain an injunction to prevent a public mischief by which he is affected in common with others. Any person interested may obtain an injunction to restrain the State or a municipal corporation from maintaining a nuisance on its lands. A discharge under the insolvent laws of one State will not dis- charge the insolvent from a contract made with a citizen of another State. To prosecute a party with any other motive than to bring him to justice, is a malicious prosecution, and actionable as such. Ministers of the gospel, residing in any incorporated town, are not exempt from jury, military, or fire service. When a person contracts to build a house, and is prevented by sickness from finishing it, he can recover fot the part performed, if such part is beneficial to the other party. In a suit for enticing away a man's wife, actual proof of the mar- riage is not necessary. Cohabitation, reputation, and the admis- sion of marriage by the parties, are sufficient. Permanent erections and fixtures, made by a mortgagor after the execution of the mortgage upon the land conveyed by it, become a part of the mortgaged premises. When a marriage is denied, and plaintiff has given sufficient evi- dpnco to establish it, the defendant cannot examine the wife to disprove the marriage. The amount of an express debt cannot be enlarged by application 268 MISCELLANEOUS INFORMATION Contracts for advertisements in Sunday newspaper? sannot be ea forced. A seller of goods, chattels, or other property, commits no fraud, in law, wheu lie neglects to tell the purchaser of any flaws, defects, or unsoundness in the same. The opinions of witnesses, as to the value of a dog that has been killed, are not admissible in evidence. The value of the animal is to be decided by the jury. If any person puts a fence on or ploughs the land of another, be is liable for trespass, whether the owner has sustained injury or not. If a person, who is unable from illness to sign his will, has his liand guided in making his mark, the signature is valid. When land trespassed upon is occupied by a tenant, he alone can bring the action. To say of a person, "if he does not come and make terms with me, I will make a bankrupt of him, and ruin him," or any such threatening language, is actionable, without proof of special damage. In an action for slander, the party making the complaiiit must prove the words alleged j other words of a like meaning will not suffice. In a suit of damages, for seduction, proof of pregnancy, and the birth of a child, is not essential. It is sufficient if the illness of the girl, whereby she was unable to labor, was produced by shame for the seduction ; and this is such a loss of service as will sustain the action. Addressing to a wifz a letter, containing matter defamatory to the character of her husband, is a publication, and renders the writer amenable to damages. A parent cannot sustain an action for any wrong done to a child, unless he has incurred some direct pecuniary injury therefrom, in consequence of some loss of service, or expenses necessarily conse- quent thereupon. A master is respunsible for an injury resulting from the negli- gence of his servant, whilst driving his cart or carriage, provided the servant is, at the tune, engaged in his master's business, even though the accident happens in a place to which his master's busi- ness does not call him ; but if the journey of the servant be solely for a purpose of his own, and undertaken without the knowledge or consent of his master, the latter is not responsible. An emigrant depot is 'not a nuisance in law. A railroad track through the streets is not a nuisan: in law In an action for libel, against a newspaper, extracts from such newspaper may be given to show its circulation, and the extent to which the libel has been published. The jury, in estimating the damages, are to look at the character of the iibel, and -whether the MISCELLANEOUS INFORMATION. 269 defendant is rich or poor. The plaintiff is entitled, in till cases, to his actual damages, and should be compensated for the mental suf- ferings endured, the public disgrace inflicted, and all other actual discomfort produced. Delivery of a husband's goods by a wife to her adulterer, he hav- ing knowledge that she has taken them without her husband's authority, is sufficient to sustain an indictment for larceny against the adulterer. Thefact^ that the insurer was not informed of the existence ol a pending litigation, affecting the premises insured, at the time the insurance was affected, does not vitiate the policy. The liability of an innkeeper is not confined to personal baggage, but extends to all the property of the guest that he consents to receive. When a minor executes a contract, and pays money, or delivers property on the same, he cannot afterwards disaffirm such contract, and recover the money, or property, unless he restores to the other party the consideration received from him for such money or property. When a person has, by legal inquisition, been found an habitual Irunkard, he cannot, even in his sober intervals, make contracts to bind himself or his property, until the inquisition is removed. Any person dealing with the representative of a deceased person, is presumed, in law, to be fully apprised of the extent of such re- presentative's authority to act in behalf of such estate. In an action against a railroad company, by a passenger, to re- cover damages for injuries sustained on the road, it is not compul- sory upon the plaintiff to prove actual negligence in the defend- ants ; but it is obligatory on the part of the latter to prove that the injury was not owing to any fault or negligence of theirs. A guest is a competent witness in an action between himself and an innkeeper, to prove the character and value of lost personal bag- gage. Money in a trunk ; not exceeding the amount reasonably required by the traveller to defray the expenses of the journey which he has undertaken, is a part of his baggage ; and in case of its loss, while at any inn, the plaintiff may prove its amount by his own testimony. The deed of a minor is not absolutely void. The court is author, ized to judge, from the instrument, whether it is void or not, ac- cording to its terms being favorable or unfavorable, to the interests of the minor. A married woman (except in California and Indiana) is enti- tled in tire event of her surviving her husband, to the use of one- third of all his real estate, during her natural life, which interest is called her dower. The widow's dower set apart by her hus- band, can not be sold to satisfy his debts. Any contract made with a person judicially declared a lunatic is void 270 MISCELLANEOUS INFORMATION. " M one:/ p^id voluntarily in any transaction, with a knowledge of the facts, cannot bo recovered. In all cases of special contract for services, the plaintiff can ro cover only the amount stipulated in the contract. A wife is. a competent witness with her husband to prove the con- tents ef a lost trunk. A wife cannot be convicted of receiving stolen goods when she received" them of her husband. Insurance against fire, by lightning or otherwise, does not cover oss by lightning without combustion. Failure to prove plea of justification, hi a case of slander, aggra- vates the offence. It is the agreement of the parties to sell by sample that consti- tutes a sale by sample, not the mere exhibition of a specimen of the goods. An agent is liable to his principals for loss caused by his mis- statements, though unintentional. Makers of promissory notes given in advance for premiums on policies of insurance, thereafter to be taken, are liable thereon. An agreement to pay for procuring an appointment to office, is void. An attorney may plead the statute of limitations, when sued by a client for money which he has collected and failed to pay over. Testimony given by a deceased witness on a first trial is not re- quired to be repeated verbatim on the second. A person entitling himself to a reward offered for lost property has a lien upon the property for the reward; but only when & definite reward is offered. Confession by a prisoner must be voluntarily made to constitute evidence against him. The defendant in a suit must be served with process ; but service of such process upon his wife, even in his absence from the State, is not, in the absence of statutory provisions, sufficient. The measure of damages in trespass for cutting timber, is its valuo as a chattel on the land where it was felled, and not the market price of the lumber manufactured. To support an indictment for malicious mischief in killing an animal, malice towards its owner must be shown, not merely pas sion excited against the animal itself. N) action can be maintained against a Sheriff for omitting to ac- count for money obtained upon an execution within a reasonable time. He has till the return day to render such account. An interest in the profits of an enterprise, as profits, renders tho party holding it a partner in the enterprise, and makes him pre- sumptively liable to share any loss. LAWS OF EACH STATE CONCERNING THE COLLECTION OF DEBTS, HOUSEHOLD AND HOMESTEAD EXEMPTION, LEGAL RATES OF INTEREST, LIMITATION OF ACTIONS, LIEN, LICENSE TO SELL GOODS, AND QUALIFICATIONS OF VOTER& 772 STATE LAWS CONCERimS'G DEBT. CONCERNING THE COLLECTION OF DEBIS. MAINE. A debtor within the State may be arrested on anji judgment or contract, amounting to or exceeding the sum of tea dollars, if he is about to leave the State, and it can be proven on oath by the creditor that the debtor has means more than sufficient for his immediate use. NEW-HAMPSHIRE. A debtor may be arrested in this State, if the creditor can prove on oath that he is indebted to him in a writ of execution in the sum of thirteen dollars and thirty-three cents or over, and that there is good reason to believe that he is about to leave the State to avoid the payment of his debts, or that he is concealing his property for the same purpose. The debtor, on his arrest, may demand to be led before two Justices ol the Peace ; and if the magistrates are satisfied, from his affidavit and such evidence as he may bring forward, that he neither conceals his property nor designs to leave the State, they may order his discharge. [No fe- male can be arrested for debt in this State.] VERMONT. In this State, no resident citizen of any of the Uni- ted States can be arrested for debt, unless it can be satisfactorily proved that he is about to abscond from the State with money or other property secreted about his person or elsewhere, to the amount of twenty dollars or more, or sufficient to satisfy the claim for which the writ against him is issued. The writ of attachment may issue against his goods, chattels or estate, and, if none can be found, then against his body. [No female can be arrested for debt in Vermont.] MASSACHUSETTS. No person shall be arrested on mesne pro- cess in an action of contract, unless the plaintiff, or some person in his behalf, makes affidavit and proves : First, That he has a good cause of action, and reasonable expectation of recovering a sum amounting to twenty dollars, exclusive of all costs which have accrued in any former action. Second, That he believes, the defendant has property not exempt from being taken from execution, which he does not intend to apply to the payment of the plaintiff 's claim : and Third, that he believes that the de- fendant intends to leave the.state, so that execution, if obtained, cannot be served upon him : or (instead of the second or third) that the defendant is an attorney at law ; that the debt is for money collected by the defendant. for the plaintiff, and that the defendant unreasonably neglects to pay the same. No person shall be arrested on mesne process in an action of tort, unless it ia proved that the plaintiff believes that he has a good cause of action against the defendant, that he has a reasonable expectation of re- covering a sum equal to one- third the damages claimed in the writ, and that lie has reason to believe that the defendant is likely to re- move beyond the jurisdiction of the court. No person shall be arrested on an execution, except in actions of tort, unless after STATE LAWS CO^CEBXItfG DEBT. 273 execution is issued amounting to twenty dollars, exclusive of all cost, it is proved that the debtor has property not exempt from being taken on execution, which he does not attempt to apply for the payment of the plaintiff's claim; or, that since the debt was contracted, or the cause of action accrued, the debtor has fraudu- lently conveyed, concealed, or otherwise disposed of some part :f his estate, with a design to secure the same to his own use or defraud his creditors ; or, that since the said time, the debtor has hazarded and paid money or other property to the value of one hundred dollars or more in some kind of gaming prohibited by the law of this state; or, that since that time, the debtor has wilfully misused his estate for the purpose of enabling himself to swear that he has not any estate to the amount of twenty dol- lars, except such as is exempt from being taken on exemption. If the action was founded on contract, it must be proved, that the debtor contracted the debt with -the intention not to pay the same ; or, that the defendant is an attorney at law, and that the same unreasonably neglects to pay the money collected by the defendant to the plaintiff. No person shall be arrested on mesne process in a civil action for slander or libel ; no woman shall be arrested on any civil process except for tort. When ar- restecl^ on mesne process the defendant shall be allowed reason- able time to procure bail, and when arrested in such process in action of contract, or on execution, he shall be allowed reason- able time for his recognizance. All real estate, goods and chattels, liable to be taken on execu- tion (except such goods and chattels as, from their nature or situation, have been considered as exempt according to the prin- ciples of the common law as adopted and practised in this state) may be attached upon the original writ, in every action in which debt or damages arc recoverable, and held as security to satisfy such judgment as the plaintiff may recover : provided, that no attachment of lands or tenements shall be made on a writ return- able before a justice of the peace, or police court, unless the debt or damage demanded therein exceed twenty dollars. Dif- ferent attachments may be made successfully upon the same writ, but no further attachment shall be made after the summons is served. Excessive attachments may be reduced on application to the court. HHODE ISLAND. All debtors are liable to arrest in this State This applies to males and females. The latter, however, are only liable where the debt or damages recovered exceed the sum of fifty dollars. She may also be arrested on a writ of execution fora lesa sum, when the ccetract is under seal. "Whenever the Sheriff hold- ing tho warrant of arrest cannot find the defendant, he may attach his or her goods and chattels. CONNECTICUT. No person can bo arrested for debt in this State ^inless it can be provea that ho employed fraud or made false rep- toflentations in contracting tho debt; or that he conceals effects 274 STATK LA.W9 CONCERWIlfa DEBT. not exempt from attachment to prevent their being seizjd by legal process ; or refuses to pay his creditor or creditors holding judg- ments against him when he is possessed of sufficient me&ii4 to do so ; or refuses to disclose his rights of action ; or in an action on a promise to marry ; or for misconduct or negldct in office ; or in a professional employment ; or as trustee or in a fiduciary capacity. NEW YORK. A debtor may be arrested in this State only when it can be proved that he used fraud in contracting the debt, or that he concealed or put his property out of his hands for the purpose of defeating his creditors. But before the complainant can obtain the order of arrest, he must give security to the Judge before whom the case is to be tried, that he will pay all costs and damages consequent upon the arrest, in case the defendant should succeed in recovering judgment. The defendant, when arrested, may give bail, by causing a written undertaking to be executed by two or more responsible bondsmen in the sum demanded by the Judge, to the effect that he the defendant will at all times hold himself in readiness to respond to any call made for his appearance at the Court. His sureties may, at any time previous to the termination of the suit, withdraw their bonds for his appearance ; or the de- fendant may surrender himself to the Sheriff, who will detain him till the rendering of the verdict. [Females are liable to arrest in this State only in cases of wilful injury to person, character, or property.] NEW- JERSEY. A debtor suspected of fraud towards his creditors may be arrested in this State ; but he may be discharged from such arrest if he make out and deliver to the officer arresting him a true inventory under oath of all his property, real and personal, and give security to the plaintiff in double the amount claimed, that he will appear before the next court holden in the county where the arrest is made, and petition for the benefit of the insol- vent laws. In case of forfeiture of the bond, the plaintiff may bring an action thereon, and recover the debt, damages, and costa If any shall make oath that his debtor has absconded from the State, he may obtain an attachment against the property of such debtor, wherever it may be found; and the writ of attachment holds the property of the defendant from the time of the execution of the same. All conveyances of the property attached matio by the defendant pending the attachment, are void against the pluin- tiff and creditors who became parties to the attachment. [All fe- males are exempt from arrest for debt,] PENNSYLVANIA. A debtor cannot be arrested for debt iu this State, except when he is about to remove any part of his property out of the jurisdiction of the court in which suit is brought, wich intent to defraud his creditors ; or when he has disposed or is abou. to dispose of his property, or secreto it, to defeat the claims of his creditors ; or when he has rightsin action, or interest in any public or STATE LAWS CONCERNING DEBT. 275 corporate stock, or evidences of money due him, -which ho refuses to apply to the payment of any judgment or judgments against him ; or when he has employed fraud in incurring the debt. His property may be attached when he is about to remove it, in whole or in part, from the county in which he has been accustomed to reside ; when he remains absent from the State, or confines himself to his own house, or otherwise conceals himself, for the purpose of defrauding his creditors. MARYLAND. Imprisonment for debt does not exist in this State. Any creditor may, on a judgment, attach the real or personal es- tate, or rights in and of action of his debtor. If the debtor is not a citizen of the State, and does not reside therein, or if he is a fugitive from justice, or has removed from his usual residence, with intent to injure or defraud his creditors, the latter may obtain an attachment against his property, real and personal, and also against his rights in action. DELAWARE. Imprisonment for debt in this State exists only when it can be shown that the debtor has secreted or conveyed away his property to defraud his creditor or creditors. The party making the complaint must set forth the alleged fraudulent con- veyance, and state upon oath that the defendant is justly indebted to him in a sum exceeding five dollars, and that he verily believes the defendant has secreted or otherwise disposed of property over the value of twenty-five dollars, with the view of defrauding his creditors. There are two ki#<*s of attachments for debt, viz. : tho domestic and the foreign ; unfor the former, an attachment may issue against a resident when it can be shown that he is justly in- debted to plaintiff in the sum of fifty dollars or over, and has, as is believed, absconded for the puwos^ of wronging his creditors of their dues ; under the latter, when H can. be shown that the defend- ant resides out of the State, and is iustly indebted to plaintiff in the sum of fifty dollars and upward. VIRGINIA. There is no imprisonment for debt in this State When a suit is instituted for debt or for damages on breach of con tract, tho complainant may obtain an attachment against the estate of the defendant (whether resident or non-resident) for the amount stated, NORTH CAROLINA. Imprisonment for debt does not exist When a debtor has removed, or is removing privily out of the county, or absents himself, so that process cannot be served upou him, an attachment may issue against the estate, real and personal, of such debtor, wherever the same may be found. An attachment may also issue in favor of a resident of the State againefc the estate of a non-resident. SOUTH CAROLINA. When a debt exceeds the sum of thirty dol- lars and sixty-two cents, the debtor may be arrested and hold to 276 STACK LAWS CONCERNING DEBT. oail; upon an affidavit of the amount of the debt being annexed to the process. A debtor about to abscond before the maturity of his debt may also be arrested and held to bail. Attachments may be issued against the property of a debtor residing out of the State ; against a debtor who is making preparations to abscond from the State ; against a debtor who is removing, or about to remove from the district (the State is divided into districts instead of counties) , and against a debtor who secretes himself, so that process cannot be served upon him. GEORGIA. In cases where a debt is not due, and the debtor is removing, or about to remove from the State, an affidavit of such fact, and of the amount of the debt, is sufficient to authorise the issue of an attachment against the property of such debtor. Unmarried women, or widows, cannot be arrested for debt. In any case pending a suit, if the debtor attempt to leave tho State, or convey his property away, to the injury of his creditors, an attachment may immediately issue against his property. Attachments may issue against the real and personal estate of a debtor residing without the limits of the State, whether the creditor resides within the State or not. When a debtor is arrested or imprisoned for debt, and shall make it evident to the court that he is insolvent, and shall deliver a sche- dule of his real and personal estate, debts, credits, and effects, and shall take the insolvent's oath, he shall obtain a discharge from imprisonment ; and every creditor so discharged shall not be liable to arrest or imprisonment for any debt contracted before hia discharge. ALABAMA. A debtor may be arrested in this State on showing that he is preparing to abscond ; that he has fraudulently disposed of his property ; that he withholds property liable for his debts ; that he secretes himself to avoid process; that he resides out of the State ; or that he is about to remove his property from tho State, whereby the plaintiff may lose his debt, or be compelled to sue for it in another State. Attachments, auxiliary to pending suits, may be sued out on the same grounds as original attach- ments. A debtor may get himself discharged from arrest by ma- king an affidavit that the complaint on which he was arrested is not true, and that he is possessed of nothing with which to satisfy the debt or, by rendering a schedule of his property, real and perso- nal, and making an affidavit that he is not possessed of property to the value of twenty dollars, other than what is mentioned in the schedule, except such property as is by law exempt from execution, and that he has not disposed of property to secure it to his own use, or to defraud his creditors. This oath may, however, be im- peached or controverted by the plaintiff. If the debtor be convicted of rendering a false or fraudulent schedule, he is liable to one year's imprisonment. STATE LAWS CONCERNING DEBT. 277 FLORIDA. Imprisonment for debt exists not in this State. An attachment may issue against the estate of a debtor upon an affi- davit that a debt is due, or becoming due, within nine months; that the debtor is removing, or about to remove, from the State; that he has absconded, or is about to abscond ; that he conceals himself so that process cannot be served ; or that he is secreting or otherwise disposing of his property, for the purpose of defraud, ing his creditors. MISSISSIPPI. -Imprisonment for d^bt does not exist. Attach- ments may be issued against the property of a debtor when it cau be made apparent to any Judge of the Supreme Court, or any Jus tice of the Peace of any county, that the debtor has removed, or is about to remove, his effects from the State : or that he conceals himself, so that process cannot be served upon him ; or that he in- curred the debt by fraudulent representations. As in New- York, however, the plaintiff must give a bond to secure the payment of all costs and damages that may be recovered against him by the defendant. LOUISIANA. Females and non-residents are exempt from arrest on civil contracts in this State. A debtor can be arrested before judgment, upon affidavit that he is about to quit the State, without leaving in it sufficient property to satisfy the judgment which the creditor expects to obtain. But after judgment, he cannot be ar- rested to compel the payment thereof. When a creditor believes that a third person has in his possession certain property belonging to his debtor, he may cite such person to declare on oath what property he has in his possession belonging to the defendant, and to what amount he is' indebted to said defendant, notwithstanding the debt is not fully due. Attachments may issue against the property of a debtor when it shall appear that he is about to quit the State, or where he has already left the State, never to return, or in case he resiles out of the State ; or where he secretes himself to avoid process. A debtqr's property may also be attached in the hands of third persons to secure the payment of a debt, whether the amount be liquidated or not, provided the time of payment has arrived, and the creditor state expressly and positively the amount which he claims. But plaintiff, in conjunction with one good and solvent Burety, residing within the jurisdiction of the court to which the petition for attachment is presented, must give security for the pay- ment of any damages which may ensue, should it be decided that the attachment was wrongfully obtained. KENTUCKY. Attachments may issue for the recovery of money upon a contract where the action is against one or more defendants, who, or some one of whom, reside out of the State ; or who has been absent from the State during a period of four months ; or haa departed from the State with intent to defraud his creditors ; or has ^eft the county in which he usually resides for the purpose of 278 STATE LAWS CONCERNING DEBT. avoiding process; or conceals himself so that summons cannot be served upon him ; or Who is about to remove his property or some portion of it, from the State, not leaving sufficient to satisfy the claims of plaintiff; or who has or is about to dispose of his prop- erty with intent to defraud his creditors. Security must be given by the plaintiff to satisfy the defendant's damages, if it be proved that the order was wrongfully obtained. ILLINOIS. An attachment may issue against the body of a debtor refusing to surrender his property, real and personal, for the satis- faction of any execution that may be issued against it ; also, when it can be shown that a debtor has employed fraud, either in incur- ring a debt or in concealing, removing, or otherwise disposing of his property for the purpose of defrauding his creditors. These are the only cases in which a party may be arrested for debt. Attachments may issue against the property of a debtor who is preparing to remove the same from the State ; also, against the property of a non-resident, when the sum of his indebtedness ex cee-ds twenty dollars. INDIANA. Before special bail can be required, the plaintiff must file an affidavit with the clerk of the court where the suit is insti- tuted, setting forth his right to recover an existing debt or damages from the defendant, and that he believes the latter is about to leave the State, taking with him property subject to execution, or money on effects which should be applied in satisfaction of plaintiff's debt or damages ; defendant's object being to defraud said plaintiff. No warrant for arrest can be delivered to an officer, until an order for special bail is obtained and endorsed on such writ. Attachments may issue against the real and personal property of a debtor, when it shall be shown that he has left the State, or is making ar- rangements for that purpose, with intent to defraud his creditors or to avoid process ; or that he keeps himself concealed so that process cannot be served upon him, with intent to create delay or defraud his creditors. But no attachment can issue against a debtor so long as his wife and family remaift settled within the county where his usual place of residence may have been prior to his absence; provided such absence is not prolonged more than one year, and no attempt made to conceal his absence, and that he shall not be secretly transferring, conveying, or removing his property or effects, by which the payment of his debts may be evaded. Should his wife or family refuse to account for his absence, or to state where he may be found, or give a false account of either ; or be unable to account for his absence ; or to tell where he may be found ; it shall be deemed an attempt to conceal his absence, and attachment may at once issue against his estate. OHIO, No female, nor any officer or soldier of the Revolutionary turar, can be arrested or imprisoned in any case whore the action is STATE LAWS CONCERNING DEBT. 279 founded on contract; neither can any person l)e imprisoned for debt, except in cases of fraud. An execution against the person of a debtor, and requiring his committal to the county jail until ho satisfy the judgment, or is otherwise lawfully discharged, may issue upon any judgment for the payment of money, in the event of the judgment debtor having removed, or commenced to remove, any of his property out of the jurisdiction of the court, in order to prevent the collection of money due on the judgment; or when he is possessed of property which he fraudulently conceals with like intent ; or when he has disposed of his property, or any part thereof, to prevent its being taken in execution ; or if he fraudu- lently contracted the debt on which the judgment is rendered ; or when he was arrested on an order before judgment, and has not been discharged as an insolvent debtor, or the order has not been set aside. Plaintiff must, in all cases, give a bond, with sufficient sureties, to pay the defendant any damages which may ensue from a wrongful attachment, not exceeding double the amount of the claim. A creditor, on giving a like bond, may make a sim- ilar affidavit before his amount is due, and on his filing it with the clerk of the court of common pleas, an attachment may issue against the property, real or personal, of the debtor. In such ac- tions, plaintiff cannot have judgment until the claim is due. MISSOURI. Attachment may issue against a debtor when he does not reside within the limits of the State ; when he secretes himself, to avoid process; when he has absconded ; when he cannot be found at his usual place of abode ; when he has removed, or is about to remove his property ; when he has fraudulently conveyed, or con- cealed, or otherwise disposed of his property ; when he is about to fraudulently convey, conceal, or otherwise dispose of his prop- erty, so as to hinder or delay his creditors ; or when the debt was contracted out of the State, and the debtor has absconded, or secretly removed his property into the State with intent to hinder, delay, or defraud his creditors. In any of these cases of fraudu- lent disposition of property, the attachment may issue, even though the debt be not fully due. Before the attachment can issue, how- over, affidavit must be made by plaintiff, or his attorney, that defend ant is justly indebted to plaintiff in the sum claimed, after allow- ing all just credits and offsets ; the nature of said debt, and that deponent has good reason to believe the existence of one or more of the before-mentioned causes, entitling him to an attachment. This affidavit may be put in issue by defendant, in which case plaintiff must prove the facts stated in the ground of his attachment. The plaintiff must give a bond, with one or more responsible sure- ties, who must be resident householders of the county in which the suit is brought, in a sum at least double the amount of the de- mand, for the payment of such damages as may ensue, in the event 280 STATE LAWS CONCERNING DEBT. of a baseless attachment. Imprisonment for debt has no existence in this State. MICHIGAN. A debtor may be held to bail when it can be shown that he is about removing any portion of his property out of the jurisdiction of the court in which the suit is brought, with intent to defraud his creditors ; that he has property or rights in action, or some interest in any public or corporate stock, or money, or evi- dence of debt, which he unjustly refuses to apply in satisfaction of such judgment as may have been rendered against him; that ho fraudulently conceals such property ; that he has removed, assigned, or otherwise disposed of^ or is about to remove, assign, or dispose of any of his property, or rights in action, with intent to defraud his creditors ; that he fraudulently contracted the debt in respect to which the suit is instituted; that he resides without the State, and has done so for a period of three months immediately preceding the time of making application for the attachment ; or that defendant is a foreign corporation. AE.KANSAS. Imprisonment for debt does not exist. No debtor can be arrested except upon affidavit by plaintiff, supported by the affidavit of some disinterested and credible person, to the effect that fraud has been committed, and a statement of the facts justify- ing such allegation. An attachment may issue against the prop- erty of a debtor, provided plaintiff shall, at the time of filing the declaration, likewise file an affidavit to the effect that the defendant is justly indebted to the plaintiff in a sum exceeding one hundred dollars, and stating the amount, and also that the defendant is not a resident of this State, or that he is about to remove out of thia State, or that he is about to remove his goods and effects out of thia State, or that he so secretes himself that process cannot be served on him. A bond in double the amount claimed must be given, conditioned for the payment of such damages as may be awarded against plaintiff. When the amount claimed is one hundred dol- iars or less, a Justice of the Peace may issue an attachment. TENNESSEE. Attachments may issue against the property of Debtors resident within the limits of the State, whenever the sheriff of the county makes affidavit that the defendant is not to be found in his county ; also, when a creditor makes oath that the debtor has absconded or secreted himself, so that process cannot be served upon him; or that he is removing or about to remove himself or his property out of the State ; or that he is secreting or disposing of his property, or that he is a non-resident. Plaintiff must like wise state in his affidavit the amount of his claim. Citizens 01 other States may sue in the circuit courts of the State or of the United States. Judgment may be obtained by sureties and accom- modation 'endorsers on motion, without notice, against their princi- pals, or co-sureties, for their proportion of the debt. Sureties and Creditors can, after obtaining judgment, recover from any persoo S1WTE LAWS CONCERNING DEBT. 261 who may have received usurious interest from their principal or debtor, the amount over and above the legal rate of interest so re- ceived ; and this excess of interest in all cases constitutes a fund in the hands of the usurer for the payment of the demands of bond fide creditors. Execution issues against the real or personal prop- erty of the defendant immediately after th-3 rendering of the judg- ment, and may be levied and a bond taken by the officer, with se- curity for the delivery, on or before the first day of the term of court succeeding that in which execution issued, of sufficient prop- erty to satisfy the judgment; and in the event of the forfeiture of this bond, a writ authorizing a sale issues against defendant's prop- erty, and that of his surety, or the officer may proceed to sell under the original execution, and in case the amount is not raised by the second term after judgment, defendant and his sureties are liable. Imprisonment for debt does not exist. TEXAS. The constitution of this State expressly forbids the arrest* of any person for debt. Attachments can be issued only against property, except in cases of fraud. An attachment may be sued out against a debtor when a summons to answer to a civil suit shall be returned by the sheriff, the debtor not being found in the county ; and the attachment may be levied upon the property, real or per- sonal, of said debtor. To obtain a writ of attachment, plaintiff or his agent must make an affidavit to the effect that the defendant is justly indebted to hiai in the sum claimed ; that the defendant does not reside within the State, or that he is about to remove therefrom; or that he secretes himself, so that process cannot be served ; or that he is about to remove his property out of the State, and that the attachment is not sued out for the purpose of injuring the defen- dant. The judges and clerks of district courts and justices of the peace may issue original attachments, returnable to their respective courts. When making the affidavit, plaintiff, with two or more sureties, must give a bond ; in double the amount due, conditioned that he will prosecute the suit to effect, and that he will pay such damages as may be adjudged against him for wrongfully suing out such attachment. Writs of sequestration may issue under the fol- lowing circumstances, viz : 1st. When a person sues for the title or possession of a slave, or other movable property or chattels, and makes affidavit that he fears the defendant, or party in possession thereof, will injure or ill treat such slave, or waste such property, or remove the same out of the State during the pendency of tho suit. 2dly. When a person sues for the foreclosure of a mortgage, or the enforcement of a lien upon a slave, or other movable prop- erty, and swears that he fears the defendant will injure swch slave, or waste such property, or remove such slave or property out of the county. 3dly. When any person suew for the title or possession of real property, and makes oath that he fears the defendant, or party in possession thereof, may make use of his possession to injure 282 STATE LA.WS CONCERNING DEBT. such property, or to waste the fruits and revenue produced by the same or convert them to his own use. 4thly. When any person sues for the title or possession of any property from which he has been ejected by force or violence, and shall make affidavit of such facts, and 5thly. When a married woman sues for a divorce, and makes oath that she fears that her husband will waste her separate or their common property, or the fruits of revenue produced by either, or remove the same out of the State during the pendency of the suit. IOWA. Arrest for debt cannot take place in this State, except on proof of fraud. Attachment may issue by the clerk of a dis- trict court in an action founded on contract, provided that plaintiS makes an affidavit stating as near as possible the amount due him by defendant ; that he has good reason to believe the defendant is about to dispose of or remove his property with intent to defraud his creditors ; that he has absconded or secreted himself, so that process cannot be served upon him; or that he is a non-resident of the State. The writ may be levied upon defendant's estate, real or personal, found in the county ; or upon so much of the same as may be safficient to satisfy the debt, together with -interest and costs of suit. WISCONSIN. Imprisonment for debt does not exist. Attach- ment may issue when the amount claimed exceeds one hundred dollars over and above all effects, upon an affidavit by plaintiff to the effect that defendant is indebted to him in the sum claimed, and that said sum is due on contract, express or. implied, or upon judg- ment or decree ; that plaintiff knows or believes that defendant has absconded or is about to abscond from the State, or that he hag concealed himself to delay and injure his creditors ; or that he has assigned, concealed, or otherwise disposed of his property, for the purpose of defrauding his creditors ; or that he has removed or is about to remove property from the State with the like intent : or that he fraudulently contracted the debt ; or that hp has fraudu- lently conveyed or disposed of his property, or a part of it, or ia about to do so, with intent to defraud his creditors ; or that he is a non-resident of the State, or is a foreign corporation. Attach- ments may issue in these cases when the amount claimed by plain tiff in the affidavit exceeds five dollars over and above offsets, and the defendant resides in another county, and over one hundred miles from the office of the Justice. CALIFORNIA. No female can be arrested in any civil action. A debtor may be arrested when fraud has been employed in incurring the debt ; or when he has concealed, removed, or disposed of his property, or is about to do so, with intent to defraud hia creditors. Before attachment can issue, plaintiff or his agent must prove the facts set forth in his affidavit; he must also execute a guarantee, vith two or more sureties, to pay defendant ah costs and damages LAWS CONCEEKINe DEBT. 288 that way be sustained in consequence of the arrest ; to the amount of at least two hundred dollars. The officer serving the writ must notify the plaintiff when the arrest is made. Defendant may de- mand an immediate trial, and it must be had within three hours, (unless the trial of another action is pending,} otherwise defendant is discharged. If the plaintiif obtain judgment in this trial, ho may obtain another arrest on the same ground as the first. De- fendant may be discharged upon giving an undertaking, with two satisfactory sureties, binding themselves in the amount named in the order of arrest, that he will render himself amenable to the process of the Court. Attachment may issue against the property, real or personal, of a debtor for an obligation founded .on contract for the payment of money in the State, whether the contract was made in the State or not. In cases of attachment, it matters not whether plaintiff or defendant be a citizen or an alien, so long a8 the demand grows out of a California contract. When a sale on execution takes place, the personal estate must be first disposed of; then the real property, or so much of it as is requisite to sa- tisfy the demand. The debtor may at any time, within six months after the sale, redeem all real es'ta.te, except leasehold, of unex- pired terms of less than two years, by paying the amount for which it was' sold, with eighteen percent, interest thereon. The pur- chaser is entitled to receive rent from any person who may be io possession, except the debtor. MINNESOTA. The constitution of this State expressly forbids the arrest of any person for debt. Attachments can be issued only against a debtor when the plaintiff or complainant shall seek to charge the defendant with fraud, the concealment of goods, prop- erty, or money, or with bad faith, touching any pecuniary or busi- ness transaction,such plaintiff or complainant shall, in all such cases, be left to his suit against the defendant, in and by which, in his pleadings, he shall charge the defendant with such fraud, conceal- ment, &c., in as clear and distinct a manner as the case shall per- mit, to which the defendant shall answer or plead, and the facts arising or elicited upon such pleadings, and the accompanying evidence, shall be submitted to the jury, as in criminal cases. The plaintiff, in an action to recover the possession of personal prop- erty, may, at the time of issuing the summons, or at any time be- fore answer, claim the immediate delivery of such property. When a delivery is claimed, an affidavit must he made by the plain- tiff, or by some one in his behalf showing : 1. That the plaintiff is the owner of the property claimed, (particularly describing it,) or is lawfully entitled to the possession thereof, the facts in respect to which must be set forth. 2. That the property ?.s wrongfully de- tained by the defendant. 3. The alledged cause of the detention thereof, according to his best knowledge, information, and bolie 4. Tho actual value of the property. Tho plaintiff may, thoronpoa, 284 STA.TB IAWS CONCERNING DEBT. by indorsement in writing upon the affidavit, require the Sheriff of the county where the property claimed may be, to take the same from the defendant and deliver it to the plaintiff. OREGON. A debtor may be arrested in this State, if the creditor can prove on oath that the said debtor is not a resident of the State, or has departed therefrom, or that there is good reason to believe that ho is about to leave the State, with the intent to delay or defraud his creditors, or to avoid the service of a summons ; or that he has assigned, secreted, or disposed of, or is about to assign, secrete, or dispose of his property, or any part thereojf, with tho iutent to delay or defraud his creditors ; or, that the" debt was traudulently contracted. Before executing a writ, the Sheriff to whom it is directed shall require a written undertaking, on the part of the plaintiff, with one or more sureties, in a sum not less than one hundred dollars, nor exceeding the amount claimed by the plaintiff, 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 speci- fied in the undertaking. DISTRICT OF COLUMBIA. No person can be imprisoned on any judgment rendered by a single magistrate, or in any case where the judgment, exclusive of costs, shall not exceed twenty dollars; but that in such cases execution shall be only on the goods and chattels of the debtor, and shall issue by order of the justice who may have taken cognizance of the action, from the clerk's office, and shall bo returnable thereto. Attachments may issue against the property of absconding debtors, and others, whose persona cannot be arrested. KANSAS. No person in this State can be arrested, held to bail, or imprisoned for debt. Creditors, however, whose demands amount to fifty dollars, may sue their debtors in any court having jurisdiction of the subject matter, by attachment, in the following cases : First. Where the debtor is not a resident of, nor resides within this State. Second. Where the debtor conceals him- self, so that the ordinary process of law cannot be served upou him. Third. Where the debtor has absconded or absented him- self from his ordinary place of abode in this State, so that the process of law cannot be served upon hirn. Fourth. Where tho debto*- is about to remove his property or eiFects out of this State, with the intent to defraud, hinder, or delay his creditors. Fifth. Where the debtor has fraudulently conveyed or assigned, 01 fraudulently concealed or- disposed, or is about, fraudulently, to convey or assign his property or effects, so as to hinder or delay his creditors. Sixth. Where the debt was contracted out of this State, and the debtor has absconded or secretly removed hia picperty 01 effects into this State, with the intent to defraud STATE LAWS COWCKBNnro DEBT. 285 hinder, or delay his creditors. An affidavit, alleging any one of these causes, shall be held and adjudged good and sufficient. NEBRASKA. Any person may be arrested in this state for debt, and an attachment may issue when any person or persona shall file an affidavit before any judge or justice of the peace, sta^ ting the nature of the plaintiff's claim, that is just, and the amount thereof, as nearly as may be, and establishing one or more of the following particulars. First. That the defendant has removed, or begun to remove, any of his property out of the jurisdiction of the court, with intent to defraud his creditors ; that he has begun to convert his property, or a part thereof, into money, for the purpo0 of placing it beyond the reach of his creditors; that he has Eroperty, or rights of action, which he fraudulently conceals; that e has assigned, removed, disposed of, or has begun to dispose of his property, or a part thereof, with intent to defraud his creditors ; that he fraudulently contracted the debt, or incurred the obligation, for which suit is about to be, or has been brought. The affidavit shall also contain a statement of the facts claimed to justify the belief in the existence of one or more of the above particulars. The order of arrest shall not be issued by the clerk of the court, until there has been executed, by one or more sufficient sureties of the plaintiff, a written undertaking, to the effect that the plaintiff Bhall pay to the defendant all damages which he may sustain by reason of the arrest, if the order be wrongfully obtained, not ex- ceeding double the amount of the plaintiff's claim stated in the affidavit. UTAH. Attachments may issue within the limits of this terri- tory, when any person or persons shall file an affidavit in any of the courts of this territory that some person or persons are about to leave the county or territory, removing their effects with the intention, he believes, of defrauding his, her, or their creditors, and that such person or persons are indebted to him, her, or them, either by note or book account, and are about to leave without paying the same, the court shall issue a writ of attachment upon Eods, chattels, and effects, of such person or persons, and such chattels, and effects shall be held to pay the debt and costs, n a trial, judgment shall be rendered against the defendant The writ of attachment may be directed to any and all persons that shall be owing the said defendant when there is not sufficient property found to satisfy the debt and costs ; and any such person, BO notified or served with an attachment, shall be held liable to the amount of his indebtedness. WASHINGTON. Attachments may issue against a debtor when he does not reside within the limits of this territory; when ho secretes himself to avoid process ; when he has removed., or is about tc remove his property, or a material part thereof; when ho ia STATE LAWS COXCEBNIWO DEBT. about to sell, convey, or otherwise dispose of his property, with intent to hinder, defraud, or delay his creditors. No attach- ment, for being a non-resident, or secretly leaving the Territory, shall issue against any debtor while his family remains settled within the county where he usually resided, prior to his absence, if he shall not continue absent from the Territory more than one year after he shall have absented himself, unless an attempt bo made to conceal his absence. The plaintiff, or some one in his behalf, shall, before a writ issues, execute a bond, with sufficient surety, to be approved by the clerk of the court, payable to the defendant, agreeing to pay all damages which may be sustained by the defendant, if the proceedings of the plaintiff shall be wrongful and oppressive. NEVADA TERRITORY. Attachments may issue against a debtor when he is not a resident of this Territory ; when he has absconded or absented himself from his usual place of abode, or is about to abscond or absent himself, so that the ordinary process of law cannot be served upon him ; when he conceals himself to avoid process ; when he has removed, or is about to remove, any of his property or effects out of the Territory, to the injury of his creditors, or with the intent to hinder, delay, or defraud them ; when he has fraudulently conveyed, assigned, or otherwise disposed of his property or effects ; when he has fraudulently concealed his property and effects ; and when he fraudulently contracted the debt, or incurred the obligation respecting which a suit is brought. Before issuing a writ, the clerk shall require a written under- taking on the part of the plaintiff, in a sum not less than two hundred dollars, nor exceeding the amount claimed by the plaintiff, with sufficient sureties to the effect, that if the defend- ant recover judgment, or if the attachment should be dismissed, the plaintiff will pay all costs that may be awarded to the defendant, and all damage which he may sustain by reason of the attachment, not exceeding the sum specified in the under- taking. DAKOTA TERRITORY. Attachments may issue against a debtor when he is not a resident of this Territory ; when he has ab- sconded with the intent to defraud his creditors, when he has left the county of his residence, to avoid the service of a sum- mons, or so conceals himself that a summons cannot be served upon him ; when he is about to remove his property, or a part thereof, out of the jurisdiction of the court, with the intent to defraud his creditors ; when he is about to convert his property, or a part thereof, into money, for the purpose of placing it beyond the reach of his creditors ; when he has property, or rights in action, which he conceals; when he has assigned, STATE LAWS CONCERNING DEBT. 287 removed, or disposed of, or is about to dispose of his property, or a part thereof, with the intent to defraud his creditors ; when he has fraudulently contracted the debt, or incurred the obliga- tions for which suit is about to be, or has been brought. But au attachment shall not be granted on the ground that the defend ant is a foreign corporation or a non-resident of this Territory, for any claim other than a debt or demand arising upon con- tract, judgment, or decree. When the ground of the attach- ment is, that the defendant is a foreign corporation, or a non- resident of this Territory, the order of attachment may be issued without an undertaking. In all other cases, the order of attach- ment shall not be issued by the clerk of the court, until there has been executed in his office, by one or more sufficient sureties of the plaintiff, to be approved by the clerk, an undertaking not exceeding double the amount of the plaintiff's claim, to the effect that the plaintiff shall pay the defendant all damages, which he may sustain by reason of the attachment, if the order be wrongfully obtained. COLORADO- TERRITORY. Imprisonment for debt does not exist in this Territory. If any creditor, his agent, or attorney, shall file an affidavit, in the office of the clerk of the District Court of any county in this Territory, setting forth, that any person is indebted to such creditor in a sum exceeding twenty dollars, stating the nature and amount of such indebtedness, as near as may be, and that such debtor has departed, or is about to depart from this Territory, with the intention of having his effects removed from this Territory, or is about to remove his property, to the injury of such creditor, or that such debtor conceals himself or stands in defiance of an officer so that pro- cess cannot be served upon him, or is not a resident of thia Territory, or that he is converting, or is about to convert his property into money, or otherwise dispose of his property with the intent of placing it beyond the reach of such creditor, it shall be lawful for such clerk to issue a writ of attachment, directed to the sheriff of the county, returnable like other writs, commanding him to attach lands, tenements, goods, chattels, rights, credits, moneys, and effects of said debtor of every kind, or so much thereof as will be sufficient to satisfy the claim bworn to, with interest and costs of suit, in whose hands or possession the same may be found ; and it shall be lawful for the clerk to issue, and the sheriff or other officer to serve, an attachment against such debtor, on a Sunday, as on any other day, as is directed in this act. 288 HOUSEHOLD AWD HOMESTEAD HOUSEHOLD AND HOMESTEAD EXEMPTION LAWS. THE following are the laws of the different States relative to the property exempted by statute from attachment on execution : MAINE. The wearing apparel of the debtor and his family ; one bedstead, bed, and necessary bedding for every two persons in the family, and other household furniture to the value of fifty dollars ; the tools necessary for the debtor's trade or occu- Eation ; all the Bibles and school-books in actual use in the unily, and one copy of the State Statutes ; stoves used exclu- sively for warming buildings ; one cow and one heifer, till she becomes three years old; two swine, one of which shall not weigh more than one hundred pounds ; (and when the debtor 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 exempted ;) ten sheep and the wool from them ; thirty hundred weight of hay for the cow, and two tons for the sheep, and a sufficient quantity for the heifer, proportioned to its age ; the produce of farms while standing and growing and until harvested, and sufficient com and grain for the sustenance of the debtor and his family, not exceeding thirty bushels ; one pew in any meeting-house where he and his family statedly worship ; all potatoes raised or purchased for the consumption of himself and family ; fire- wood, not exceeding twelve cords, conveyed to his house for his use ; one boat, not exceeding two tons burden, being owned wholly by an inhabitant of the State, and usually employed in the fishing business ; one cart,. of the value of twenty-five dol- lars; one harrow, five dollars; one plough, ten dollars; one cooking-stove, thirty-five dollars ; anthracite coal, five tons ; bituminous coal, fifty bushels ; and all charcoal on hand ; one pair of bulls, steers, or oxen, together with hay enough to keep them through the winter ; one ox-yoke, with bows, ring, and staple, to the value of three dollars ; two chairs, three dollars each ; one ox shed, ten dollars ; one or two horses, instead of oxen, to the value of one hundred dollars.; one barrel of flour, and ten dollars' worth of lumber, wood, or bark ; also, a lot of land, not exceeding half an acre, used solely as a burying-ground. One sewing-machine, worth not over one hundred Collars, kept for actual use by debtor or his family. All flax raised on one half acre of ground for use of producer and family, and all articles manufactured therefrom. Homestead, The head of any family, or any householder wish- Ing to exempt his homestead, consisting pf a lot of land with Dwelling-house and out-buildings thereon, may file a certificate EXEMPTION LAWS. 28 ' signed by himself, which shall declare his wish and describe In a homestead, with the Register of Deeds for the county wherein his homestead lies ; and so much of the property as does noi exceed five hundred dollars in value shall be forever exempt from liability for any debt contracted after the recording of the certificate. The widow and minor children of any person de- ceased who held property thus exempt, may continue to hold the premises exempt during the minority of the children, or while the widow remains single. NEW HAMPSHIRE. Personal. All the necessary wearing ap- parel of the debtor and his family ; bedsteads, beds, and bed- ding for the family ; household furniture to the yalue of twenty dollars ; all the Bibles and school-books in use in the family ; one cow, and one-and-a-half tons of hay ; one hog and one pig, and the pork of the same when slaughtered ; tools of the debt- or's occupation, to the value of twenty dollars : six sheep and their fleeces ; one cooking-stove and its appendages ; provisions and fuel to the value of twenty dollars ; the interest in one pew in any nieeting-house in which the debtor or his family usually worship, and in one lot or right of burial in any cemetery. Also, the uniform, arms or equipments, of every officer and private in the militia. Homestead. The homestead of a householder is exempt from execution on any cause of action which has accrued since Jan- uary 1, 1852. It must not exceed in value five hundred dollars, and is not subject to devise so long as the widow or minor chil- dren shall occupy the same ; and no release or waiver of this ex- emption is valid unless made by deed executed by the husband and wife ; or, if the wife be dead, and there be minor children, then by deed executed by the husband with the consent of the Judge of Probate in the county in which the land is situate, endorsed on the deed. The exemption extends to any interest, not exceeding five hundred dollars in value, which the debtor may have in a building occupied by him as a homestead, though standing on land owned by another. - The Sheriff, holding an execution about to be levied on lands and tenements, is required, on application of the debtor or his wife, to cause a homestead, not exceeding five hundred dollars in value, to be set off from the lands and tenements of the debt- or, in the following manner : Three sworn appraisers, disinter- ested and discreet persons, residents in the county, are chosen ; one by the officer, one by the creditor, and one by the debtor, who proceed to set-off a homestead by metes and bounds, and their set-off and assignment is returned by the officer for record in court. The court out of which the writ of execution or at- tachment is sued, may, upon good cause shown, order a re-ap- praisement and re-assignment by the same or other appraisers. 290 HOUSEHOLD AND HOMESTEAD under instructions from the court, and the re-appraisement returned f.nd recorded in the same manner as the first. Whev- the homastead of any head of a family, in the opinion of the appraisers, cannot be divided without injury and inconvenience, they shall make an appraisement of the whole property. The appraisal is delivered by the officer to the execution debtor, or to some member of his family old enough to understand it, with a notice attached, that unless the execution debtor shall, within sixty days, pay to the officer the surplus value over five hundred dollars, the premises will be sold. If the surplus is not paid, the officer, observing all the forms required, makes a sale of the premises, and out of the proceeds pays to the execution debtor, if his wife gives her written consent to such payment, the sum of five hundred dollars. If the wife does not consent to such payment, the officer must deposit the amount in some savings institution, to the joint credit of husband and wife, and to be withdrawn only by their joint order, or by the order of the sur- vivor in case of the death of either. The amount is exempt for one year from the date of payment or deposit. The balance of proceeds of sale is applied on the execution. No sale can, how- ever, be made, unless more than five hundred dollars is bid ; if less, the execution may be returned unsatisfied. VERMONT. Personal. Suitable apparel, bedding, tools, arms, and articles of household furniture, as may be necessary for upholding life, one sewing machine kept for use, one cow, the best swine, or the meat of one swine, ten sheep, and one year's product of said sheep in wool, yarn, or cloth, forage sufficient for keeping not exceeding ten sheep and one cow through one winter, tcn'cords of firewood, twenty bushels of potatoes, such military arms and accoutrements as the debtor is required by law to furnish, all growing crops, ten bushels of grain, one barrel of flower, three swarms of bees, and hives, together with their produce in honey, two hundred pounds of sugar, and all lettered gravestones, the Bibles and other books used in a family, one pew or slip in a meeting-house or place of religious worship, live poultry, not exceeding in amount or value the sum of ten dollars ; the professional books of clergymen and attorneys at law, to the value of two hundred dollars ; and also one yoke of oxen or Bteers, as the debtor may select, with sufficient forage for the keeping the same through the winter : Provided, however, this latter exemption, as to one yoke of oxen or steers, and the for- age therefor, is not to extend to any attachment issued on any contract made on or before the twenty-first day of November, 1859, or to any execution issued on a judgment founded on any such contract. Homestead. The homestead of every housekeeper residing within i&e State, consisting of a dwelling-house, out-buildings, <nd the !ands appurtetfant thereto, occupied by the housekeeper EXEMPTION LAWS. 291 as a homestead, and the yearly products thereof, the whole not to exceed five hundred dollars in value, are exempt from attach- ment in all cases where the cause of action occurred subsequent to the first clay of December, 1850, except when the cause of ac- tion occurred previous to, or at the time of the purchase of the homestead, or the action to be brought to enforce the payment of taxes legally assessed. Whenever the real estate of a housekeeper is levied upon, such portion as he may occupy as a homestead, or may elect to regard as such, to the value of live hundred dollars, is set out to him by the appraisers on the execution, upon their oaths, and the re- mainder only is set-off to the execution creditor. If a housekeeper decease, leaving a widow, the homestead passes to his widow and children, if any there be, in direct course of descent, not subject to the payment of the debts of the deceased, unless made specially chargeable thereon, and, if neces- sary, the Probate Court appoints a commission to set out to the widow, or widow and children, the homestead, provided that such children shall only have an interest in such homestead until they shall attain their majority. The homestead cannot be sold or mortgaged by the owner, if a married man, without the consent and signature of his wife, excepting at the time of the purchase of the homestead, when, to secure the payment of the purchase money, the husband may ex- ecute a mortgage without the consent of the wife. The time when the deed to the owner of a homestead is left in the Town Clerk's office for record, is deemed the time of purchase. The cost and expenses of setting out a homestead, or ite yearly pro- ducts, as provided by law, are charged in the officer's bill of fees upon the writ or execution. MASSACHUSETTS. Personal. All the necessary wearing apparel of the debtor and his family ; one bedstead, bed, and the neces- sary bedding for every two persons in the family ; one iron stove in use in the dwelling-house, and fuel to the value of ten dollars, designed for the use. of the family; other necessary household furniture, to the value of one hundred dollars; the Bibles and Bchool-books used in the family ; one cow, six sheep, not exceed- ing thirty dollars in value one swine, and two tons of hay ; the tools and implements of the debtor necessary for carrying on his trade or business, and not exceeding fifty dollars in value; the materials and stock in trade for carrying on his business, not beyond fifty dollars; the uniform, arms, and accoutrements re- quired by law, belonging to a member of the militia ; ammuni- tion and provisions intended for the use of the family, not ex- ceeding fifty dollars iu value, and rights of burial and tombs while in use as repositories for the dead. Homestead. There are exempt, to the value of eight hundred 292 HOUSEHOLD AND HOMESTEAD dollars, the lot and buildings thereon owned and occupied as a residence by the debtor, or the buildings so occupied and owned, situated on* land in the rightful possession of the debtor and hig family, by lease or otherwise. Such exemption can only be re- leased by a deed, acknowledged and recorded as in the case of conveyances of real estate. The exemption continues, after the death of the debtor, for the benefit of t'ue widow and children, if some of them continue to occupy it, uatil the youngest child is twenty-one, and until the marriage or death of the widow. Tc .entitle property to such exemption, the owner must have set forth his intention to hold the same as a homestead in his deed of purchase, or must declare his intention in writing, and havo it recorded in the registry of deeds in the county wherein the land lies. Sjich property, however, is not exempt from levy for taxes, or for a debt contracted for the purchase, or for the ground- rent of the lot whereon the buildings are situated, or for any debt contracted previously to the recording of the intention to hold the property as a homestead. No conveyance of exemption property by a married man is valid unless the wife joins in the conveyance. If a judgment creditor requires an execution to be levied on property which the debtor claims as exempt, and the officer thinks that the property exceeds eight hundred dollars in value, then appraisers are to be appointed, as in case of the levy of executions on real estate. If, in their judgment, the premises exceed in value eight hundred dollars, arid can be divided with- out injury, they shall set-off to the judgment debtor as much ot the premises, including the house, as appear to them to be of the value of eight hundred dollars, and the remainder of the pro- perty shall be dealt with as other real property not exempt from execution. But if they think it cannot be conveniently divided, they shall make and deliver to the officer their appraisal, and the Sheriff or his deputy shall deliver a copy to the judgment debtor or to the lawful occupant of the homestead. If the judgment debtor does not then, within sixty days, pay on the execution the excess of the value of the premises above the sum of eight hundred dollars, the creditor may require the premises to be sold by the Sheriff, and from the proceeds the officer must pay to the debtor the sum of eight hundred dollars, to be exempt from execution for one year thereafter, and apply the balance upon the execution. But the premises shall not be sold unless more than eight hundred dollars are bid. If so large a bid cannot be obtained, the execution may be returned unsatisfied. RHODE ISLAND. In this State the law exempts from sale on execution the household furniture and family stores of a house keeper, provided the same do not exceed in value the sum of two hundred dollars; all the necessary wearing apparel of a btor end his family ; one cow, and one hog, together with the EXEMPTION LAWS. 293 tools or implements of his trade or profession, to the value of fifty dollars. CONNECTICUT. All wearing apparel, bedding, and necessary household furniture; arms and military equipments; implements of the debtor's trade ; one cow, ten sheep, two swine, and the pork produced from two swine, or two swine, and two hundred pounds of pork; twenty-five bushels charcoal; other coals, two tons; wheat flour, two hundred pounds ; wood, two cords ; hay, two tons ; beef, two hundred pounds ; fish, two hundred pounds ; po- tatoes and turnips, five bushels each; Indian corn or rye, ten bushels each, and the meal or nour manufactured therefrom ; wool or flax, twenty pounds each, or the % yarn or cloth made therefrom .. one stove and its pipe, the property of a man with a family ; the horse, saddle and bridle, to the value of one hundred dollars, ol any practising physician or surgeon ; one sewing-machine ; any part of a burying-ground, designated as the burial-place of any par- ticular person or family ; and one pew ordinarily occupied by the debtor's family ; pay and bounty, whether public or private, of soldiers in the service of the State or United States. NEW T "ORK. Personal. When owned by a householder. All spinning-wheels, weaving-looms and stoves put up or kept foi use in any dwelling-house ; one sewing-machine with appurten- ances ; the family Bible, family pictures and school-books used by or in the family ; books, not exceeding fifty dollars, part of a family library ; pew or seat in church in use by debtor or family , ten sheep, with their fleeces, and the yarn or cloth manufactured therefrom; pork, beef, fish, flour and vegetables provided for family use; fuel neceasary for family for sixty days; necessary wearing apparel, beds, bedsteads and bedding for debtor and family ; arms and accoutrements required by law ; cooking uten- sils ; one table, six chairs, six knives and forks, six plates, six tea- cups and saucers, one sugar-dish, one milk-pot, one tea-pot, six spoons, one crane and appendages, one pair of andirons, shovel and tonga ; tools and implements of any mechanic necessary to the carrying on of his trade, to the value of twenty-five dollars ; also in addition, when owned by a householder or any one having a family for which he provides ; all necessary household furniture arui working tools, professional instruments, furniture and library ; and team not worth over $250, and the food necessary for sue* team for ninety days, except on executions for purchase-money of such things, or e or wages of a domestic in a family ; land not over a quarter of an acre s<ft apart for burial-place and vault thereon. Homestead The lot, and buildings thereon, io the value of one thousand dollars, occupied as a residence, and owned by the debt- or, is exempt from exeoution. The exemption continues after the death of the householder, for the benefit of the widow and family, until the youngest child becomes of age, and until the death of the widow, provided one or uKKe of the family occupy the premise? EXEMPTION LAWS. No release of the exemption ie valid unless mude in writing, sub- scrioed by the householder, and acknowledged in the same manner as a conveyance of real estate. To entitle property to exemp- tion, the conveyance must show the design of the householder to hold it as a homestead, or a notice of his intention, containing a full description of the property, must be executed and acknowl- edged by the owner, and recorded in the office of the clerk of the county wherein the homestead is situated, in a book provided for that purpose, and known as the " Homestead Exemption Book. 77 No property is exempt from sale for non-payment of taxes or as- sessments, or for a debt contracted for the purchase money of the premises, or contracted prior to the recording of the deed 01 notice as above required. If the Sheriff holding the execution thinks that the premises claimed as exempt are worth more tuan one thousand dollars, he shall summon six qualified jurors of his county, who shall, upon oath, to be administered to them by the Sheriff, appraise the prem- ises ; and if, in their opinion, the premises may be divided without injury to the interests of the parties, they shall set-off as much of the premises, including the dwelling-house, as they value at one thousand dollars, and the residue may be sold by the Sheriff. In eae the premises exceed one thousand dollars in value, but can- not be divided, they shall deliver an appraisal of the value of the property to the Sheriff, who delivers a copy to the execution debt- or, or to some of his family of suitable age to undei stand it, with a notice attached, that unless the execution debtor pays to the Sheriff, within sixty days, the surplus over and above one thou- sand dollars, the premises will be sold. In case the surplus is not paid within sixty days, the Sheriff may sell the property, pay to the execution debtor one thousand dollars of the proceeds, which shall be exempt from execution for one year thereafter, and apply the balance to the execution. Unless upward of one thousand dollars is bid, no sale shall be made, and in such case the Sheriff may return the execution unsatisfied. The expenses of thus selling a homestead are to be included in the costs upon the execution NEW JERSEY Personal The following articles, the property of the head of a family, are exempt from execution upon judg- ment, founded on contracts made before the 14th March, 1851 One cow ; one bed and bedding: one cradle ; one stove; one half cord of firewood ; one half ton of stove coal ; one spinning-wheel ; one table ; six chairs ; one hog; one hundred pounds of flour ; one iron cooking pot ; knives, forks, plates, and spoons, one dozen each ; half dozen bowls two pails j one barrel : one coffee-pot ; one tub ; one trying-pan ; the necessary tools of a tradesman, t# the value of ten dollars; and all necessary wearing apparel A supplementary act was passed February 6, 1858, allowing, in all assignments of debtors for the benefit of creditors, goods and EXEMPTION LAWS 295 chattels to the value of two hundred dollars, and all wearing np par el for tLo use of the debtor and his family. Homestead. In. addition to the foregoing, there is exempt, bj law, from sale on execution, fcr debts hereafter contracted, the lot and buildings thereon, occupied as a residence, and owned by the debtor, to the value of one thousand dollars. This exemption will continue after the death of the debtor, for the benefit of his widow and family, provided one or more of them continue to occupy the same till the youngest child is of age, and until the death of the widow. No release or waiver of this redemption is valid. But to entitle a householder to the benefit of this exemption, a notice of his design to hold the property as a homestead must be executed, and recorded in the Clerk's office of the county where the proper- ty is situated, and pub^nhed once a week, for six weeks, in a newspaper published in the < ^uty, or in the newspaper published nearest the same. No propercy shall, however, 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 debts contracted prior to the recording of the aforesaid deed or notice. A homestead must be reserved as such for the use of the family : it cannot be leased or sold without the full and free consent of the wife of the owner. If an officer cannot find sufficient property, apart from that which is exempt, to satisfy the execu- tion, a Judge of the Court of Common Pleas may appoint six disinterested persons to appraise the homestead, and if its value exceed one thousand dollars, the excess may be sold for the bene- fit of the judgment creditor. PENNSYLVANIA. Property to the value of three hundred dollars, over and above all wearing apparel of defendant and his family, and all Bibles and school books used in the family, are exempt. The debtor must elect to retain either real or personal estate of the value mentioned. Bonds, mortgages, or other con- tracts for the purchase money of real estate, are excepted from the operation of the statute. If the debtor, when real estate is seized, fails to make his elec- tion to retain real estate, he is not entitled to three hundred, dollars from the proceeds of the sale. The claim to personal estate, in order to avail the defendant, must be made before the sale ; and if he neglect to 01iter his claim, he thereby waives all benefits to be derived from the statute. If the debtor waives his right to the exemption by agreement with one execution debtor, it is a waiver as to all other creditors. The widow or children of a deceased debtor may retain property belonging to his estate, to the value of three hundred dollars, and the executor or administrator can- not sell the same, but must suffer it to remain for the use of tha widow and family, unless the claim be founded QD a liea fin thft purchase money of real estate. 296 J&XEMPTION LAWS* MARYLAND. Real estate acquired by mamage is not liable to execution, during the life of the wife, for the debts of the husband. VYages of any laborer, or other employee, in the hands of the em- ployer, are exempt to the amount of ten dollars. Slaves of the wife, (acquired either before or after marriage), and her earnings, not exceeding one thousand dollars, may be held for her own use, and exempted from liability for the debts of the husband ; corn for necessary maintenance ; bedding, gun, axe, pot, and laborer's necessary tools, and such household implements, ammunition, &c., requisite for subsistence, are also exempt. DELAWARE. The following items of property of white citizens are exempt from attachment or execution : The necessary wear- ing apparel of the debtor, his wife and children ; bed and bedding for every two persons in the family ; one iron stove ; ful for family use, to the amount of five dollars ; all Bibles and school-books used in the family; one cow, one swine, and one ton of hay; the library, tools and implements of the debtor necessary for carrying on his Erofession or trade, to the value of fifty dollars ; other necessary ousehold furniture, to the value of twenty -five dollars; rights of burial, and tombs hi use. It is provided, however, that all the article* exempted shall not exceed one hundred dollars in value, and that if, at the time of the execution of the process, the debtor is not ia possession of all or any of the specified articles, other property to that value shall be exempt, except in case of fines or taxes. Those exemptions do not affect a debt or contract incurred prior to July 4th, 1851. VIRGINIA. No growing crop of any kind shall be liable to dis- tress or levy, except Indian corn, which may be taken at any time after the fifteenth of October in any year. If the debtor be a householder, the following articles are exempt: One bed and bedding ; six chairs ; one table, and the necessary kitchen furniture ; one loom, and its appurtenances ; one spinning-wheel, and one pair of cards; one axe; five barrels of corn ; five bushels of wheat, or one barrel of flour ; two hundred pounds of bacon or pork; and forage or hay to the value of five dollars. Slaves cannot be levied on without their owner's consent, if there be other property not exempt sufficient to satisfy the execution. NORTH CAROLINA. All wearing apparel; working tools; arms for muster ; one bed and furniture ; one spuming-w T heel, cards, and one loom : one Bible and Testament, one hymn-book, one prayer- book, and all necessary school books, the property of defendant. The following articles belonging to any housekeeper are also exempt : One cow and calf, and one loom ; one Bible and Testa- ment ; one hymn-book : one Testament ; ten bushels of corn or wheat ; fifty pounds of bacon, beef or pork, or one ban el of fish ; BJl farming took necessary for cue laborer ; ono bedstead, bed, aiid EXEMPTION LAWS. 297 bedding for every two members of the family, and such otLeu property, to the value of fifty dollars, as may be selected by three disinterested freeholders, appointed by any Justice of the Peuco in the county, upon application made by the defendant. SOUTH CAROLINA Personal. The law exempts to each family two bedsteads, beds and bedding ; one spinning-wheel, and two pairs of cards; one loom; one cow and a calf ; all necessary cooking utensils; and provisions to the value often dollars. If the debtor .be a farmer, he may retain all necessary farming implements ; if a mechanic, the tools of his trade. GEORGIA Personal. The equipments of military men, and the horses a,nd wearing apparel of troopers; two beds and bedding; a spinning-wheel, and two pairs of cards ; a loom; common tools of the debtor's trade ; ordinary cooking 'utensils ; thirty dollars' worth of provisions, and the Family Bible ; a cow and a calf; one horse or mule, to the value of fifty dollars; and ten swine. The same privileges are extended to widows and their families, while the widows remain single. Homestead. Every white citizen of the State, being the head of the family, may own fifty acres of land exempt, except for execu- tion for the purchase money of the laud. But the land thus exempt must include the dwelling-house, and improvements of the original tract, the value of the whole not to exceed two hundred dollars. ALABAMA Personal. Two bedsteads, beds, and furniture ; three cows and calves ; one work horse, mule, or pair of oxen ; twenty hogs ; twenty, sheep ; five hundred weight of meat ; one hundred bushels of corn ; all meal at any time on hand ; two plows ; two sets of plow gears ; one table; one pot ; one oven ; two water vessels ; one dozen cups and saucers ; one set of knives and forks ; one dozen-plates; one cofiee-pot; two dishes; two pairs of cotton cards : two spinning-wheels ; one churn; three chairs; two axes; two hoes; one horse or ox cart; one gun ; all books and family portraits, and all tools or implements of 'trade. The rent due the landlord, not exceeding one year, must be tendered to him before the goods and chattels lying on the household property can be taken. Homestead. Forty acres of land, not exceeding four hundred dollars in value are exempt, provided they are not within the corporate limits of any town or city. FLORIDA Personal. All the necessary wearing apparel, bed- ding, and kitchen furniture ; the horse, saddle, vehicle, and har ness, to the value of one hundred dollars, of every clergyman ; the horse, saddle, bridle, medicine, professional books, and instru- ments of every surgeon, midwife, or physician ; tools necessary in the debtor^ trade or profession ; the horse and gun, to the vatlue of one hundred dollars, belonging to any farmer actually cultiva- ting five or more acres of land within the State : the boat and gun 298 EXEMPTION LAWS. of every fisherman, pilot, or resident upon any island, or coast of the State ; and the boat and flat of any ferryman, to the value of two hundred dollars. Every actual housekeeper with a family, may claim as exempt such portion of his property as may bo ne- cessary for the support of himself and family, to the value of one hundred dollars, waiving all right to all other exceptions provid- ed, however, that the defendant is not a non-resident, nor about removing from the State, nor removing his property, nor fraudu- lently disposing of the same to avoid the payment of his debts. And the defendant must make and sign a fair and full statement of all his property, verified by affidavit, which must accompany the return of the process. Homestead. A farmer owning forty acres of land, of which he cultivates ten, can hold the same exempt, except for violation ot the criminal law, or for fines or taxes, provided the property does not exceed two hundred dollars in value. Every owner of a dwell- ing-house in a city, town, or village, provided he actually reside in the house, and that it does not exceed three hundred dollars in value, may hold it free from execution, attachment, or distress, ex- cept for violation of the criminal law, or for fines or taxes. MISSISSIPPI The tools of a mechanic necessary for carrying on his trade, and live hundred dollars worth of material used in his business. Imple- ments of a laborer necessary in his usual employment, 'Books of a student required for the completion of his education. The wearing apparel of every person ; saddle and bridles sutticient for the necessary use of the family. Libraries of all persons, instruments of surgeons and dentists used in their profession. The arms and accoutrements of each and every white person. Globes, pictures and scientific apparatus, books and maps, used by teachers of schools and colleges; and in families, by the heads thereof. Also, to the head of every family, being a white person and a housekeeper, two hundred and forty acres of Jand, regardless of its value, so laid off as to include thereon the dwelling house and other buildings, and the farm, so far as the same can be done without embracing a larger quantity of land than two hundred and forty acres in the whole. Also, all household and kitchea furniture; all necessary farming tools, and implements of hus- bandry used in earning on a farm ; farm horses or mules necessary to carry on and cultivate the farm, not to exceed four: one yea 's supply of provisions necessary for the family, and the hands employed on the farm, and forage for the teams and stoc'i of every kind ; fifty head of hogs ; twenty head of cattle, in which may be included work oxen ; twenty h-ad of sheep; one wagon and one cart or carry-log. * * * Each and every head of a iamily, being a white person and a houstkeeper, resident in any incorporated city, town or village in this State, shall be entitled to hold four thousand dollars worth of real and personal property, com prisms; the homestead and other buildings therewith connected, and such household and kitchen furniture, and other stock as such debtor may select in lieu of the farm lands and farming stock, and implements of husbandry, as pro- vided for in the first section of this act; and also one year's provisions for the family, and forage for the stock so selected. All property, real and personal, so exempt, upon the death of the husband, shill descend to the widow as the head of the family during widowhood, for the use and benefit of herself and children ; and in the event of her marriage, on death to descend in like manner as other property descends by toe laws of thia EXEMPTION LAWS. 298 Homestead. Every free white citizen of this State, male or "female, being a householder and having a family, shall be entitled to hold exempt from seizure or sale, under any execution, judgment or decree, founded on any contract made,- or liability incurred after this act (passed in the year one thousand eight hundred and fifty-seven) shall take effect, the land and buildings owned and occupied ay a residence by such debtor, provided the quantity oi land shall not exceed one hundred and sixty acres, nor the value thereof the sum of fifteen hundred dollars, inclusive of improve- ments, and such exemption shall continue after the death of such householder, for the benefit of the widow, and family of the de- ceased, 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. No property shall be exempt from execution when the purchase money thereof forms, in whole or in part, the debt on which the judgment is founded, nor shall any property be exempt from sale for non-payment of taxes or assessments, or for any labor done thereon, or materials furnished therefor. LOUISIANA. Personal. The clothes, bed, and bedding of the debtor and his family ; his arms and accoutrements ; household furniture to the amount of two hundred and fifty dollars; the fam- ily library, portraits, and pictures ; and the working tools, instru- ments, and apparatus necessary to the exercise of the debtor's trade or profession, are exempt, except from execution on a demand for the purchase money. Wages and compensation due for services earned within thirty-one days preceding the issuing of any seizure, attachment, or garnishment against a debtor, to any amount suf. ficient for the necessary support of any person having a family for which he provides, are also exempt, except on an execution for alimony furnished to the debtor or his family, or for rent of the premises occupied by them at the time. Homestead. The lot and building thereon, to the value of one thousand dollars, and occupied as a residence, and owned by a debtor having a family, is exempt, except from sale for taxes or for the purchase money, or for debt contracted prior to the recording of the exemption. But no debtor is entitled to this exemption whose wife owns in her own right, and is in the actual enjoyment of, property exceeding one thousand dollars in value. KENTICKY. Personal. One yoke of oxen: one work horse ; one plough with its gear ; one axe, one hoe ; two cows and calves \ two bedsteads, beds, and bedding ; all wearing apparel ; one loom, spinning wheels and cards ; all the spun yarn, cloth, arid carpeting manufactured by the family, and necessary for its use ; one pot, oven, coffee-uot, tea-pot, six each of table knives, forks, cups, saucers, plates, and chairs, the chairs not to exceed eight dollars in value ; cooking-stove, a*nd other cooking utensils, to tlie value 300 EXEMPTION LA.WS. in all of twenty-five dollars ; ten sheep ; provisions sufficient for the support of the family for one year ; one sad lie and hi idle, with their appendages, and the Family Bible. A debtor may surrender any of the articles specifically exempted, and retain others of equal value ; the value to be determined by two disinterested householders selected by the officer. ILLINOIS. Person&l. All necessary we.vriug apparel ; neces- sary beds and bedding : cooking utensils ; household furniture to the value of fifteen dollars ; one pair of cards ; two spinning- wheels; one weaving-loom and appendages; one stove and its pipe: one milch cow and calf; two sheep, and the fleeces taken from them, or the fleeces of two sheep tor each member of the family, provided they have not been purchased by any debtor own- ing sheep, together with the yarn and cloth that may be manufac- tured from the fleeces ; and sixty dollars' worth of property suited to the condition of, and to be selected by, the debtor; three months' provision and fuel, and necessary food for stock exempted from execution ; and any lot used as a burying-ground. Upon the death or desertion of the head of the family, the fam- ily shall be entitled to the like exemption. Homestead. The lot of land and the buildings attached, to the value of one thousand dollars, owned and occupied as a residence by a householder having a family, are exempt from forced sale for contracts made after July 4th, 1851. Upon the death of the debtor, the exemption continues for the benefit of his family until the youngest child becomes of age, and until the widow dies. No release of the exemption is valid unless in writing, subscribed by the householder, and acknowledged before a magistrate or commissioner of deeds. This exemption, however, does not pre- vent the sale of land for taxes or debts incurred for the purchase or improvement of the land, or incurred prior to the recording of notice of redemption. If the creditor or officer holding the execution think the property claimed is worth more than one thousand dollars, the officer may summon six qualified jurors of his county to appraise the premises upon oath, if, in their opinion, the property can be divided with- out injury. INDIANA. Property, real or personal, to the value of three hun- dred dollars, owned and occupied by any resident householder, is exempt from execution for debt incurred since July 4th, 1852, mechanics' laborers', and ve.ndors' liens excepted. The articles for exemption may be selected by the debtor from his general ef- fects. Their value must be ascertained by appraisers, one chosen by the plaintiif or his attorney, one by the debtor, ar d a third, ii necessary., by these two. In case either party fails to select an appraiser, one is chosen by the officer. The appraisers shall m*ike EXEMPTION LAWS. 301 a schedule of the property selected by the debtor, which, verified by the affidavit, must form part of the return. If the debtor select real and personal property exceeding three hundred dollars in value, he may pay the excess within sixty days. If he fails to do so, the real property is sold, and so much of the proceeds paid to the debtor as, with the value of the personal property selected by him, amounts to three hundred dollars. Whenever real property, selected for exemption is susceptible of division without material injury, it must be so divided as to exempt the principal dwelling, house of the debtor. OHIO. Every householder can exempt from execution the wearing apparel of the family ; the necessary bedsteads, beds, and bedding; one stove and pipe; fuel sufficient for sixty days' con- sumption; one cow ; or household furniture, if the debtor own no cow, to the value of fifteen dollars ; two swine, or the pork there- from; or if the debtor own no swine, furniture to the value of six dollars ; six sheep, the wool therefrom, and the cloth and articles manufactured from the wool ; or, in lieu of sheep, furniture to the value of ten dollars ; and sufficient food for the exempt stock for sixty days ; also, the bibles, hymn-books, psalm-books, testaments, and school-books used in the family, and all family pictures ; also, provisions to the value of forty dollars, to be selected by the debt- or; and articles ef household or kitchen furniture, necessary for himself and family, to the value of thirty dollars ; also, the tools and implements selected by the debtor, to the value of fifty dollars, and necessary in carrying on his trade or business. All questions arising as to the number of beds necessary for the family, the amount of fuel necessary for sixty days, the quantity of food for the support of the animals exempt, &c., must be determined by two disinterested freeholders, selected by the officer holding the execution. These also appraise the property claimed by the debtor as exempt. Homestead. The family homestead is exempt from execution, provide'd it does not exceed five hundred dollars in value. On petition of executors or administrators to sell the lands of a deceased debtor to pay his debts, if the deceased has left a widow or minor child or children unmarried, the appraisers shall set apart a homestead, and the homestead shall remain exempt so long as any unmarried minor child resides thereon, although the widow may have previously died, and although the parent from whom the homestead descended may have left neither wife nor husband sur- viving. Evory widow or widower having an unmarried child or children residing with him or her, and married persons living to- gether as man and wife, though without children, are entitled to the privileges of homestead exemption, as also are persons owning dwellings occupied by themselves as homesteads, thon^h uvilt up- on land owned by another. 302 EXEMPTION TJLWB. "When, in the opinion of the appraisers, it would injure the prop- erty of the debtor to separate the homestead, the plaintiff in execu- tion receives in lieu of the proceeds of the sale such a sum annu- ally, above forty dollars, as the appraisers shall decide upon as a reasonable rent ; and he continues to receive this rent in quarterly payments until the debt, interest, and costs, arc paid. The pay- ments are to be made quarterly, 'and if within ten days after the payment becomes due the defendant does not pay the same, the officer proceeds to sell the homestead, observing the same process provided in other cases for the sale of real property. But the homestead cannot be sold for less than its appraised value. The plaintiff, when in receipt of rent, may cause a re-appraisement as often as once in two years, and the rent shall be paid according to the new appraisement : if between any two appraisements the value of the homestead has not increased one hundred dollars, the costs of the appraisements must be paid by the plaintiff. MISSOURI. All wearing apparel ; tho tools and implements of a mechanic ; ten hogs, ten sheep, two cows ar,d calves, and working animals to the value of sixty -five dollars one plough and set of plough gears ; one axe and one hoe, or any other property, real or personal, not exceeding in value one hundred and fifty dollars, chosen by the debtor, if he is a householder the spinning-wheels and cards, one loom, and apparatus necessary for manufacturing cloth in a private family ; all the spun yarn, thread and cloth man- ufactured for family use; flax, hemp, and wool, twenty -five pounds each ; the wearing apparel of the family ; two beds, with the usual bedding, and other necessary household and kitchen furniture, not exceeding twenty-five dollars in value: lawyers, physicians, and ministers may select books necessary to their profession in place of other property, at their option ; physicians may also select their medicines. The property of the wife is exempt from execution against the husband if the debt was a security debt, or was con- tracted before marriage, or before the wife came into possession, or if it was a fine, or for cgsts in any criminal case against the hus- band. The husband's property is exempt from all liabilities con- tracted by the wife before marriage. Homestead. The homestead of every housekeeper or head of a family, consisting of a dwelling-house and appurtenances, and the land used in connection therewith, not exceeding the amount and value herein limited, which is or shall be used by such house- keeper or head of a family as such homestead, shall, together with the rents, issues and products thereof, be exempt from attachment and execution, except upon all cases of action exist- ing at the time of occupying said homestead ; such homestead in the country shall not include more than one hundred and sixty acres of land, or exceed the total value of fifteen hundred dollars* EXEMPTION LAWS. 303 and in cities having a population of forty thousand or more, such homestead shall not include more than eighteen square rods of ground, or exceed the total value of three thousand dollars , and in cities or other incorporated towns and villages having a less population than forty thousand, such homestead shall not include more than thirty square rods of ground, or exceed the total value of fifteen hundred dollars. MICHIGAN. Personal. All spinning-wheels and weaving-looms, with the apparatus ; stoves kept for use ; the pew occupied hy the debtor and his family ; all rights of burial; the arms and accou- trements required by law ; the wearing apparel of the family ; the library and school books, to the value of one hundred and fifty dollars; all family pictures ; ten sheep, with their fleeces, and the yarn or cloth manufactured therefrom ; two cows, five swine, and provisions and fuel for the subsistence of the debtor and his family for six months; household goods, furniture, and utensils, to tho value of two hundred and fifty dollars; hay, grain, &c:, enough to keep properly for six months the forernentioned stock ; and ths tools, implements, materials, stock, apparatus, team, harness, or other things to enable any person to carry on his profession or trade. The property, however, with the exception of mechanical tools and implements of husbandry, is not exempt from execution on demand for the purchase money. By the constitution, such personal property as is designated by law shall be exempted, to the amount of not less than five hundred dollars, from execution for any debts contracted after January 1, 1861. Any chattel mortgage, bill of sale, or lien, on exempt property ; is void, unless signed by the wife, Homestead. Any quantity of land not exceeding forty acres, if not included in any recorded town-plot, city or village, or one lot, if within any such, with the house and its appurtenances thereon, owned and occupied by a resident of the State, and the whole not exceeding fifteen hundred dollars in value, is exempt. This ex- emption, however, does not extend to any mortgage on tho home- stead lawfully obtained ; but no mortgage or other alienation of the homestead by the owner, if a married man, is valid, without tho signature of his wife, except the mortgage is given to secure the payment of purchase money. Such a homestead is exempt after the death of the owner during the minority of his children ; and if he has no children, but leaves a widow, it shall be exempt, and the rents and profits thereon shall accrue to her during her widowhood, unless she is the owner of a homestead in her own right. But tho children or widow must occupy the homestead, to have the benefit Where a levy is made upon the lands and tenements of a house- holder whose homestead has not been selected or set apart, the householder may notify the officer of what ho regards as his komestoad. with a description thereofj and only the remainder snail 804 EXEMPTION LAWS. be subject to sale. If the plaintiff is dissatisfied with the quantity set apart, the officer making the levy shall have the homestead sur- veyed, beginning at a point designated by the owner, and shall set- ofi, in a compact form, including the dwelling-house and its appur- tenances, the amount of land constituting by law a homestead, as specified above ; the expense of the survey shall be charged and collected on the execution. After the survey has been made tho officer may sell the property levied on, and not included in the homestead, as he would any other real estate. Any person owning and occupying a houee situated on land not his own, and claiming it as his homestead, shall be entitled to exemption. ARKANSAS. Personal. One horse, mule, or yoke of oxen ; ono cow and calf: one plough, one axe, one hoe, and one set of plough gears ; spinning wheels and cards ; one loom and apparatus neces- sary for manufacturing cloth in a private family, spun yarn, thread, ana cloth manufactured for family use ; hemp, flax, ccttoh and wool, not exceeding twenty-five pounds ; all wearing apparel of the family ; two beds, with bedding ; also, any other household and kitchen furniture necessary for the family, agreeably to an inven- tory of it, to be returned on oath by the officer with the execution. There is also exempt the necessary tools and implements of a me- chanic carrying on his trade ; all military equipments required by law ; and such provisions as are on hand for family use. TENNESSEE. Personal. One cow and calf; one bedstead, and bed containing not more than twenty-five pounds of feathers; two sheets, two blankets, and one counterpane. When the family of the debtor consists of more than six children, an additional feather bed, and an additional cow and calf are exempt for every three children. The following are also exempt from execution : Six knives and forks; six plates; one dish; one pot; one dutch oven ; one spinning-wheel ; one pair of cotton cards ; oue ch jpping-axe j five sheep ; ten swine ; all fowls and poultry ; Family Bible and hymn-book; ono loom; five hundred bundles of oa'ta: five hundred bundles of fodder ; ten bushels of wheat ; one stack of hay ; one man's saddle and One side saddle ; one bridle ox-cart, yoke, ring, staple, and log-chain ; one farm-horse, mule, or yoke of oxen ; six hundred pounds of pork or bacon ; one hundred bushels of corn; one plough and ploughing gear ; one iron wedge; one sot of mechanics' tools, necessary for one workman at any trade ; and the arms and equipments of the militia. In case of the death of the householder, the property is exempt in the hands of his wi- dow ; or, if she did not survive him, in those of his representatives, for the benefit of his children. Homestead. Before any person can be entitled to the benefit of the homestead exemption act, he must declare his intention of claiming the homestead, by having a declaration and noting of such EXEMPTION LAWS. 305 Intention registered in the Registers office in the county wherein the homestead is situated; and the exemption of the homestead dates from and after this registration. The homestead of every housekeeper residing within the State, to the value of five hundred dollars, and consisting of a dwelling-house arid outbuildiugs, and the land appurtenant thereto, shall be exempt from attachment uad execution, where the cause of action accrued after the first of Jan- uary, 1853. The homestead must be set out of the real estate levied on, by three disinterested freeholders, and only the remainder sold. If the homestead cannot be set apart, the whole must be sold, and five hundred dollars of the proceeds paid to the Clerk of the Court from which the judgment issued, to be used by him only for the purchase of another homestead. The surplus proceeds of the sale are applied on the execution. The widow of a housekeeper, or in the event of a divorce resulting from the husband's misconduct, tLo wife, is entitled to all the benefits of the exemption; so, also, are children during their minority. To become entitled to the benefits of the exemption, the person claiming them must permanently re- side in the homestead. The homestead, when owned by a-married man, can only be aliened on mortgage by joint deed of husband and wife, except for payment of the purchase money. The person to whom a homestead is set apart, must, within one year, have the same registered in the Register's office of the county wherein the land may be, in order to obtain a valid title thereto. TEXAS. Personal. There is exempt from sale on execution, household and kitchen furniture, to the value of two hundred dol- lars ; farming implements, to the value of fifty dollars ; 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 swine ; and provisions for one year. Homestead. The homestead of a family, when without the limits of a city, town, or village, must not contain more than two hun- dred acres of land; when within such limits, it must not exceed two thousand dollars in value. The homestead cannot be levied upon by execution, nor sold, when owned by a married man, with- out the consent of the wife. ' IOWA. All wearing a.pparel kept for actual use, and suitable to the condition of the defendant, with the trunks or other receptacles in which it is contained, even though the debtor is a non-resident ; cne musket or rifle ; the tools, instruments, and books, used in tha practice of a debtor's business or profession ; the horse, harness, and wagon, used by a physician, clergyman, or public officer, or by the use of which a farmer or laborer gains a subsistence ; all libra- ries, Family Bibles, portraits, and paintings; a pew occupied by the debtor or his family in any houso of public worbhip ; and an 306 EXEMPTION LAWS. in a pubLc or private burying-ground, not to exceed ontf acre for any one defendant. If the debtor be the head of a family, there is a further exemp- tion of one cow and calf, one horse, unless exempted as above, fifty eheep and the wool therefrom ; five hogs, and all pigs less than six months old ; the food necessary for the subsistence of the animals exempt for sixty days : flax raised by the defendant, and the manu- factures therefrom ; all cloth manufactured by the defendant not exceeding one hundred yards ; household and kitchen furniture to the value of one hundred dollars ; all spinning-wheels and looms, and other instruments of domestic labor kept for actual use ;' a bedstead and bedding for every two in the family, and the neces- sary provisions and fuel for the use of the family for six months. The earnings of the debtor by his own personal service^ or thoso of his family, at any time within ninety days next' preceding the levy, are also exempt. Homesiead. The homestead of every family is exempt, except for a mechanic's lien, or for debt contracted prior to the purchase of the homestead, or to July 4th, 1849, or for debt created by written contract, signed by parties having full power to convey the homestead, in which it is expressly stipulated that the homestead shall be liable for such debt. In no case, excepting a mechanic's lien can a homestead be sold until all other property of the de- fendant is exhausted. A widow or widower, though without chil- dren, shall be deemed the head of the family while continuing to dwell in the house used as a homestead previous to the death of the husband or wife If the owner is married, a conveyance of the homestead is invalid unless husband and wife join in the deed. If within a town, the homestead must not exceed half an acre in extent ; if not, it is limited to forty acres : but in either case, if its value is less than five hundred dollars, it may be enlarged till its value reaches that limit. The homestead must embrace only one dwelling-house used as such by the owner, ani the buildings properly appurtenant. It may also embrace the owner's workshop. When the debtor doea not choose his homestead, his wife may do so for him, and if neither, then the Sheriff, "WISCONSIN. Personal The Family Bible, family pictures, school-books, or library ; a scat or pew in any house of public worship ; and the family place of sepulture ; all wearing apparel of the debtor and his family; all bedsteads, beds, and bedding used by the family ; all cooking utensils, and other household fur- niture, to the value of two hundred dollars ; two cows ; ten swine; one yoke of oxen, and a horse, or, in lieu of them, a span of horses ; ten sheep, and the wool therefrom, either as raw material, Jr manufactured into yarn or cloth; necessary food for the support EXEMPTION LAWS. 307 of the ttock mentioned, for one year, whether provided or grovr- ding, as the debtor may choose ; one wagon, cart ; or dray ; one sleigh ; one plough ; one drag : and other farm.'ng utensils, inclu- ding tackle for teams to the value of fifty dollars. Provisions and fuel necessary for one year's consumption; the tools and imple- ments, or stock in trade, of any mechanic, miuer, and other per- son, used and kept for the purpose of carrying on his trade or business, to the value of two hundred dollars ; the library and im plements of any professional man, to the value of two hundred dollars; all of which articles are to be chosen by the debtor or his representative. Money arising from insurance on property exempt, which has been destroyed by fire, cannot be seized on execution. Homestead. A homestead, consisting of not over forty acres of land, used for agricultural purposes, with a dwelling house thereon, and its appurtenances, to be selected by the ownei, and .iOt in eluded in any town-plot, city, or village ; or instead, land not ex- ceeding one-fourth of an acre, within a town -plot, city, or village, with a dwelling-house thereon, and its appurtenances, owned and occupied by any resident of the State, is not subject to forced sale. This exemption does not aifect any mechanic's or laborer's lien, or extend to any lawfully obtained mortgage. But such mortgage or other alienation of such property by the owner thereof, if a mar- ried man, is not valid without the signature of his wife to the same. When the owner of a homestead dies, leaving infant children, the homestead is exempt from the payment of his debts ; and no adminstrator or executor has a right to the possession of an estate so exempt, or to the rents and profits of the same. CALIFORNIA. Personal. Sewing-machine, worth not over one hundred dollars; chairs, tables, desks, and books, to the extent of hundred dollars; necessary household table and kitchen furni- ture, including stoves, stove-pipes and stove f'irniture ; wearing apparel, beds, bedding and bedsteads, and one month's provi- sions ; two oxen or horses or mules, and their harness ; one cart or wagon, and food for such horses, mules or oxen for one month ; seed grain and vegetables for planting or sowing within six months, not to exceed two hundred dollars' worth ; tools of a me- chanic or artisan necessary to his trade ; instruments and chest of a surgeon, physician, surveyor or dentist necessary to their pro- fession and their scientific or professional library; lawyers' ami and ministers' libraries; two oxen, horses or mules, and harness and cart of a cartman, huckster, peddler, team- --U -\- or other laborer, by which he habitually earns his living; one hor^e and harness or other equipments used by a physician or minister in professional j with food ibj same. The cabin or dwelling of a miner not 808 EXEMPTION LAWS. orer .ive hundred dollars in value, also a miner's sluices, pipes, hose, windlass, derrick, pumps, tools, instruments and appliances for mining, not over five hundred dollars in value ; also two horses, oxen or mules, and harness, and one month's food for them, when they are necessary to work any of the above machinery ; all fire apparatus of companies organized under laws of the State ; all arms and equipments required by law to be kept; all public buildings and grounds and offices and their appurtenances, books and papers ; the earnings of a debtor for his personal services for the last thirty days, when necessary for support of a family in the State, are exempt. Homestead. A quantity of land, with dwelling-house and ita appurtenances, not exceeding five thousand dollars in value, to be selected by the owner, is exempt from execution for any debt con- tracted after July 1, 1851, or at any time out of the State. This exemption, however, does not extend to mechanic's or vendor's lien, or any lawfully obtained mortgage, or to liability for taxes ; seven or more persons may form a homestead association, and the shares, deposits or assessments of any person therein, to the par value of one thousand dollars, ars exempt. If the plaintiff so require, appraisers may be appointed to value the homestead. If the lot is two thousand five hundred square yards, or less, and with improvements is valued at more than five thou- sand dollars, either the excess or the whole may be sold ; in the latter case no bid can be received for less than five thousand dol- lars, and the amount exempt must be paid to the defendant. If the lot exceed two thousand five hundred square yards, and five thou- sand dollars in value, the appraisers must set off land, including the dwelling-house, to the value of five thousand dollars. The de- fendant may also designate such personal property as is exempt by law. Upon the death of the head of the family, the same benefits accrue to his wife and children. MINNESOTA. Personal. The family Bible, family pictures, school-books or library, and musical instruments for use of family ; a seat or pew in any house or place of public worship ; a lot in any burial-ground ; all wearing apparel of the debtor and his family ; till beds, bedsteads and bedding, kept and used by the debtor and his family; all stoves and appendages; all cooking utensils, and all other household furniture not herein enumerated, not exceeding five hundred dollars ; three cows, ten swine, one yoke of oxen, and one horse in lieu of one yoke of oxen and a horse, a span of horses or mules, twenty sheep and the wool from the same, either in the raw material or manufactured into yarn or cloth; the necessary food for all the stock mentioned in this sec- tion, for one year's support, either provided or growing, or both, as the debtor may cfcoose; also one wagon, cait or dray, one EXEMPTION LAWS. 809 sleigh, two ploughs one drag, and other farming utensils, includ- ing tackle for teams, not exceeding three hundred dollars in value ; the provisions for the debtor and his family necessary for one year's support, either provided or growing, or both, and fuel ne- cessary for one year ; the tools and instruments of any mechanic, minor or other person, used and kept for the purpose of carrying on his tradg or business, and in addition thereto, stock in trade not exceeding four hundred dollars in value ; the library of any professional man ; all of which articles hereinbefore intended to be exempt,- shall be chosen by the debtor, his agent, clerk or legal representative, as the case may be. Nothing in this act shall be so construed, as to exempt any property in this State from execution or attachment for clerks, laborers or mechanics' wages. Homestead. Any quantity of land not exceeding eighty acres, and the dwelling-house thereon, and its appurtenances, to be selected by the owner thereof, and not included in any incorporated town, city, or village, or instead thereof, at the option of the owner, a quantity of land not exceeding in amount one lot, being within an incorporated town, city or village, and the dwelling-house thereon and its appurtenances, owned and occupied by any resident of this State, shall not be subject to attachment, levy or sale upon execution or any other process, issuing out of any court within this State. This section shall be deemed and construed to exempt such homestead in the manner aforesaid, during the time it shall be occupied by the widow, or minor child or children, of any deceased person, who was, when living, entitled to the benefits of this act. This exemption, however, does not 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 wile to the same, unless such mort- gage shall be given to secure the payment of the purchase-money, or some portion thereof. OIIEGON. Personal. Books, pictures and musical instruments, owned by any person to the value of seventy-live dollars ; neces- sary wearing apparel owned by any person to the value of one hundred dollars, and if such person be a householder, for each member of his family to the value of fifty dollars; the tools, im- plements, apparatus, team, vehicle, harness or library, necessary to enable any person to c&rry on the trade, occupation or profes- sion by which such person habitually earns his living, to the value of four hundred dollars; also sufficient quantity of food to sup- port such team, if any, for sixty days. The word team, in this subdivision, shall not be construed to include more than one yoke of oxen, or a pair of horses or rnubs, as the case may be ; to each householder, ten sheep, with one year's fleece, o/ the yarn or 310 EXEMPTION LAWS. cloth manufactured therefrom ; two cows and five swine ; houst hold goods, furniture and utensils, to the value of three hundred dollars ; also food sufficient to support such animals, if any, for three months, and provisions actually provided for family use, and necessary for the support of such householder and family for six months ; the seat or pew occupied by a householder or hia family in a place of worship ; but no article of property men- tioned, shall be exempt from execution issued on a jttdgment foi *ts price, or upon a mortgage thereon. Homestead. "When a person shall die. leaving a wi'dow, minor c,hild or children, the widow, child or children, shall, until letters have been granted, and the inventory returned, be entitled to re- main in possession of the homestead, and of all the wearing appa- rel of the family, and of all the household furniture of the de- ceased, and shall also be entitled to a reasonable provision for their support, to be allowed by the probate judge. Upon the re- turn of the inventory, the court shall set apart, for the use of the widow, minor child or children, all the property of th-s estate by law exempt from execution. If the amount thus exempt be in sufficient for the support t>f the widow and minor child or children, the Probate Court shall make snch further reasonable allowance out of the estate as may be necessary for the maintenance of the family, according to their circumstances, during the progress of the settlement of the estate ; but no such allowance shall be made after one year from the granting letters testamentary or of admin- istration. Any allowance made by the court in accordance with the above provisions, shall be paid by the executor or administra- tor, in preference to all ether charges, except funeral charges, and expenses of administration. When property shall have been set apart for the use of the family, in accordance with the foregoing provisions, if the deceased shall have left a widow and no minor children, such property shall be the property of the widow; and if he shall have left also a minor child or children, one half to the widow and the remainder to such child, or in equal shares to such children, if there are more than one j if there be no widow, then the whole' shall belong to the minor child or children. If, on the return of the inventory of any intestate's estate, who died leaving a widow or minor children, it shall appear thai the value of the estate does not exceed three hundred dollars, the Probate Court shall, by decree for that purpose, assign for the use and support of the widow, or minor child or children of the intestate, or ii there be no widow, to the child or children, the whole estate, after the payment of the funeral expenses, and tke expeuwefl of admin istratio*n. EXEMPTION LAWS. 311 KANSAS. Personal The family bible ; family pictures, school books or library and musical instruments for use of family ; a seat or pew in any house or place of public worship ; a lot in any burial ground ; all wearing apparel of the debtor and his family ; all beds, bedsteads and bedding kept and used by the debtor and his family ; all stoves and appendages put up or kept for the use of the debtor and his family ; all cooking utensils, and all other household furniture not herein enumerated, not exceeding five hundred dollars ; three cows, ten swine, one yoke of oxen and one horse, or, in lieu of one yoke of oxen and one horse, a span of horses or mules ; twenty sheep, and the wool from the same, either in the raw material or manufactured into yarn or cloth ; the necessary food for all the stock mentioned, for one year's support, either provided or growing, or both, as the debtor may choose; also, one wagon, cart or dray, one sleigh, two ploughs, one drag, and other farming utensils, including tackle for teams, not exceeding three hundred dollars in value ; 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 ; the tools and instruments of any mechanic, minor or other person, used and kept for the purpose of carrying on his trade or business, not exceeding three hundred dollars in value, and, in addition thereto, stock in trade, not exceeding four hundred dollars in value ; the library and implements oi any professional man ; all of which articles, hereinbefore intended to be exempt, shall be chosen by the debtor, his agent, clerk or legal representative, as the case may be. Nothing in this act shall be so construed as to exempt any property in this State from execu- tion or attachment for clerks', laborers' or mechanics' wages. Homestead. A. homestead, consisting of any quantity of land not exceeding 160 acres, for agricultural or horticultural pur- poses, and the dwelling-house thereon and its appurtenances, to be selected by the owner thereof, and not included in any incor- porated town, city or village ; or instead thereof, at the option of the owner, a quantity of land, not exceeding in amount one acre, being^ within an incorporated town, city or village, and the house thereon, and its appurtenances, the whole not exceeding in value one thousand dollars, owned and occupied by any resident of this State, being the head of a family, shall not be subject to attachment, levy or sale upon execution, or any other process issuing out of any court within this State. This section shall be deemed and construed to exempt such homestead, in the manner aforesaid, during the time it shall be occupied by the widow 01 minor child or children of any deceased person who was, when living, entitled to the benefit of this act. Such exemption shall not extend to any mortgage, or any instrument in the nature fehcreof, lawfully obtained, but such mortgage or other aliemtiosi fc*. i EXEMPTION LAWS. or Incumbranc^ of sucli land, by the owner thereof, if a married man, shall not be valid without the signature of the wife of th same, unless such mortgage or other instrument shall be given to secure the payment of the purchase money, or some portion thereof. NEBRASKA. Personal. The family Bible; family pictures, school books and library for the use of the family ; a seat or pew in any house or place of public worship ; a lot in any burial ground ; all necessary wearing apparel f the debtor and his family ; all stoves and appendages put up or kept for the use of the debtor and his family, not to exceed four; all cooking uten- sils, and all other household furniture not herein enumerated, to be selected by the debtor, not exceeding in value one hundred dollars ; one cow, three hogs, and all pigs under six months old, and if the debtor be at the time actually engaged in the business of agriculture, in addition to the above, one yoke of oxen, or a pair of horses in lieu thereof; ten sheep, and the wool therefrom, either in the raw material or manufactured into yarn or cloth ; the necessary food for the stock mentioned above for three months ; one wagon, cart or dray, two plough's and one drag ; the necessary gearing for the team herein exempted, and other farming implements not exceeding fifty dollars in value ; provi- sions for the debtor and his family necessary for six months' support, either provided or growing, or both, and fuel necessary for six months ; the tools and instruments of any mechanic, minor or other person, used and kept for the purpose of carrying on his trade or business : the library and implements of any pro- fessional man ; all of which articles, hereinbefore intended to be exempt, shall be chosen by the debtor, his agent, clerk or legal representative. All heads of families, who have neither lands, town lots, or houses subject to exemption as a homestead, under the laws of this State, shall have exempt from forced sale on execution the sum of live hundred dollars in personal property. llnnesiead. Any quantity of land not exceeding one hundred and sixty acres, and the dwelling house thereon and its appur- tenances, to be selected by the owner thereof, and not included in any incorporated town, city or village, or, instead thereof, at the option of the owner, a quantity of contiguous laud, not ex- :.!g in amount two lots, being within an incorporated town, and the dwelling housa thereon and its appur- tenances, ownea and occupied by any resident of the State, shall not be subject to attachment, levy or sale, upon execution or any other process issuing out of any court within this State, BO long as the same shall be owned and occupied by the debtor AS gucu homostead. This section shall be deemed and construed EXEMPTION LAWS. / 313 to exempt such homestead, in the manner aforesaid, during the time it shall be occupied by any one or more of the family of the debtor, or by the widow or minor child or children of any de- ceased person who was, when living, entitled to the benefit of this sub-division : Provided, that the homestead mansion and twenty acres jf the land whereon the mansion is situate, and land adjoining the same to the extent of five hundred dollars in value, all being without an incorporated town, city or village, Bhall be exempted, and no more. WASHINGTON. Personal. All private libraries; all articles of clothing of married women and children under twenty-one years of age ; and to each family, kitchen and cupboard ware to the amount of one hundred and fifty dollars ; one bed for every two persons in the family; two cows ; two horses or two yoke of oxen; one wagon ; two hogs ; farming utensilf actually used by the fam- ily ; produce raised upon the farm or garden sufficient for six months' consumption, and all tools of mechanics used to carry on their trade. But no article of property mentioned above, shall be exempt from an execution issued on a judgment recovered for its price, or upon a mortgage thereon, or for any tax levied thereon. Homestead. The family homestead is exempt from execution, provided it does not exceed five hundred dollars. When a person shall die, leaving a widow and minor child or children, the widow, child, or children shall, until letters have been granted and the inventory returned, be entitled to remain in possession of the home- stead, and of all the wearirg apparel of the family, and of all the household furniture of the deceased, and shall also be entitled to a reasonable provision for their support to be allowed by the Probate Judge ; but no such allowance shall be made after ono year from the granting letters testamentary or of administration. When property shall have been set apart for the use of the family, in accordance with the foregoing provisions, if the deceased shall leave a widow, and no minor children, such property shall be the property of the widow ; if he shall have left also a minor child or children, one half to the widow, and the remainder to such child, or in equal shares to such children, if there are more than one ; if there be no widow, then the whole shall belong to the minor child or children.- All real and personal .estate to which any married woman shall hereafter become entitled to in her own right, and all which may at the time of her marriage belong to her, and all the issues, rents and profits of such real estate shall not be liable to attachment for, or execution upon, any liability of a judgment against tho husband, so long as she, or any minor heir of her body shall be living: Provided, That her separate property shall not be exempt 814 EXEMPTION LAWS. from attac ment or execution where the debts were owing ly tho wife, previous to marriage, or may have been contracted for her benefit. NEW-MEXICO. The* clerks of the Probate Courts of the different counties of this territory, shall be ex-officio recorders in their re- spective counties. It shall be the duty of the recorder to record in a book of good size (which he shall keep in the office for this purpose,) all land titles and other papers which by law should be recorded. When any land title, or other document, shall bo de- livered to the recorder to be recorded, it shall be his duty to en dorfle immediately on that document, or other paper, the day, month and year in which he received it, and he shall record it in the book of record as soon as possible, and the said documents, from the date in which they were delivered to the recorder, shall be considered as recorded, and this shall be sufficient notice to tho public of the contents thereof. The recorder shall receive for his services ten cents for every hundred words recorded by him in accordance with this law, and shall furthar receive for certificate and seal to documents recorded, one dolla';. NEVADA Personal. All spinning wheels, weaving looms, and stoves put up or kept for use ; the family Bible, family pictures, and school-books and library, not exceeding in value two hun- dred dollars ; all sheep, to the number of twenty, with their fleeces, and the yarn or cloth manufactured from the same ; two cows, five swine, with the necessary food for them for six months ; all wearing apparel of the widow and children, and all household goods, furniture, and utensils, not exceeding in value seven hundred and fifty dollars. Homestead. The Homestead, consisting of a quantity of land, together with the dwelling-house thereon and it's appur- tenances, not exceeding in value the sum of five thousand dollars, to be selected by the owner thereof, shall not be subject to forced sale on execution, or on any final process from a court, for any debt or liability contracted or incurred at any time, in any other place than in this Territory, or for any debt or liability contracted in this Territory, after thirty days from the passage of this act, November 13th, 1861 ; provided, the possessor thereof did not acquire the means of procuring such homestead through fraud or false representations. Such exemption shall not extend to any mechanic's, laborer's, or vendor's lien, or to any mortgage lawfully obtained ; but no mortgage, sale, or alienation of any kind whatever, of such land by the owner thereof, if a married man, shall be valid without the signature of the wife to the same, acknowledged by her sep- arately and apart from her husband ; provided, that the wife bo a resident of thia Territory, and that such signature and acknow- EXEMPTION LAWS. 315 ledgxte&t sL all not be necessary to the validity of any mortgage Upon the land, executed before it became the homestead of the debtor, or executed to secure the payment of the purchase money. The homestead and other property exempt from forced sale, upon the death of the head of the family, shall be set apart by the Probate Court for the benefit of the surviving wife and his own legitimate children ; provided, that the exemption, as pro- vided in this section, shall not extend to unmarried persons, except when they have charge of minor brothers or sisters, or both, or brothers' or sisters' minor children, or a mother, or un- married sisters living in the house with them. Nothing in this act shall be so construed as exempting any real or personal property from sale for taxes. DAKOTA Personal. All family pictures ; all miscellaneous books and musical instruments for use of family not exceeding five hundred dollars in value ; a seat or pew in any house of worship ; a lot or lots in any burial-ground ; all wearing apparel suitable to the condition of the debtor and his family ; all household furniture used by the debtor and his family, not exceeding five hundred dollars in value, and in case the debtor shall own more than five hundred dollars' worth of furniture, he shall select such as may be deemed most useful to himself and family, leaving the balance subject to legal process ; three cows, ten swine, one yoke of oxen, and one horse, or two yoke of oxen, or a span of horses or mules, one hundred sheep and their lambs under six months old, and all the wool of the same, and all cloth or yarn manufactured therefrom, the necessary food for the animals herein before mentioned, for one year's support, either provided or growing, or both as the debtor may choose ; also one waggon, also one sleigh, two ploughs, one harrow, and other farming utensils, including tackle for teams, not exceeding three hundred dollars in value. 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. The tools and instruments of any mechanic, whether a minor or of age, used and kept for the purpose of carrying on his trade or business, and in addition thereto, stock in trade not exceeding two hundred dollars in value. The library and implements of any professional man, not exceeding six hundred dollars in value, ad of which articles nerein before exempt shall be chosen by the debtor, his agent or legal representatives, and wherever the articles are limited in value, they shall be (appraised) at the usual price of such arti- cles at sheriff sale as near as can be. Kothing in this act shall be BO construed as to exempt any 316 EXEMPTION LAWS. property in this Territory from execution for clerk's, laborer's, or mechanic's wages. Homestead. A Homestead, belonging to any man or woman resident in this Territory, consisting of not more than eighty acres of land, and the dwelling-house and other improvements and appurtenances situated thereon convenient for a homestead, to be selected by the owner thereof, and not included within any incorporated city or village, or instead thereof, at the option of the owner, a quantity of land not exceeding in amount one acre, being within an incorporated city, town, or village, and the dwelling-house thereon and its appurtenances, shall not be subject to attachment or mesne process, (or levy), or sale upon execution, or any other process issuing from any court within this Territory. This section shall be construed to exempt such homestead in the manner aforesaid, during the time it shall be owned or occupied by the widow or minor child or children of any deceased person, who was, when living, entitled to the benefit of this act. Such exemption shall not extend to any mortgage thereon, but such mortgage of said homestead or any part thereof by the owner if he be a married man, shall not be valid unless the wife join in said conveyance. COLORADO TERRITORY Personal. All family pictures, school- books and library ; a seat or pew in any house or place of public worship ; the sites of burial of the dead ; all wearing apparel of the debtor and his family ; all stoves and appendages, kept for the use of the debtor and his family ; all cooking utensils, and all the household furniture not herein enumerated, not exceeding three hundred dollars in value ; the provisions for the debtor and his family, necessary for six months, either provided or growing, or both; and fuel necessary for six months. The tools and implements, or stock in trade of any mechanic, minor ? 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 three hundred dollars. Working animals to the value of two hundred dollars. One cow and calf, ten sheep, and the necessary food for all the animals herein mentioned for six months, provided or growing, or both ; also one farm wagon, cart or dray, one plough, one harrow, and other farming imple- ments, including harness and tackle for team, not exceeding fifty dollars in value ; provided, that nothing in this act shall be so construed as to exempt any property of any debtor from sale for the payment of any taxes whatever, legally assessed, and no article of property above mentioned, shall be exempt from attachment, or sale on execution, for the purchase money for said article of property. LEGAL BATES OF INTEREST. 817 LEOAL RATES OF INTEREST. MAINE. Legal rate, fix per cent. If more be agreed to be taken, (Dnly legal interest can be recovered. NEW HAMPSHIRE. Legal rate, six per cent. (Banks are priv- ileged to receive seven and three-tenths per cent.) If more bo taken, the party forfeits three times the amount unlawfully taken. VERMONT. Legal rate, six per cent. Interest paid beyond that rate may be recovered. MASSACHUSETTS. Legal rate, six per cent. ; but any amount shall be legal if specified in writing. When the defence of usury is established, defendant shall recover his costs, and plain- tiff shall forfeit three-fold the amount of interest unlawfully taken. The party paying usurious interest may recover three- fold the amount of unlawful interest paid. RHODE ISLAND. Legal rate, six per cent. Unless a different rate be specified. CONNECTICUT. Legal rate, six per cent. Plaintiff can recover the principal, but without the interest. Persons taking usury, forfeit the whole of the interest ; half going to the party who prosecutes to effect, and half to the State. YORK. Legal rate, seven per cent. All contracts whereby a higher rate is reserved, are void. Corporations cannot set up the defence of usury. NEW JERSEY. Legal rate, seven per cent. All contracts for a higher rate are void. Persons taking a higher rate, forfeit the whole value of the contract half to the State, and half to the prosecutor. Greater interest than allowed in place where the contract is made, cannot be recovered by action in this State. PENNSYLVANIA. Legal rate, six per cent. Usurious interes- cannot bo recovered; and if paid, may be again recovered,; bui usury does not render the entire contract void. DELAWARE. Legal rate, six per cent. Whoever takes more forfeits the whole debt half to the State, and half to the prose eutor. MARYLAND. Legal rate, six per cent. In contracts where more is taken, only the excess over the legal rate is void. VIRGINIA. Legal rate, six per cent. Usurious contracts are void, with the penalty of forfeiture of twice the amount of the debt 318 LEGAL HATES OF INTEREST. NORTH CAROLINA. Legal rate, six per cent. All contracts for & higher rate are void, and the party exacting it is liable to a for- feiture of double the amount of the debt half to the State, and half to the prosecutor. SOUTH CAROLINA. Legal rate, svvcn per cent. The party re- serving more, forfeits the entire interest, and must pay all costs. GEORGIA. Legal rate, seven per cent. If more be reserved, the party forfeits the entire interest. FLORIDA. Legal rate, eight per cent., if by agreement ; if no rate be specified, then six per cent. Usury is punishable by in- dictment and loss of all the interest. ALABAMA. Legal rate, eight per cent. In usurious -contracts, the principal, without interest, may be recovered. Mississirpi. Legal rate, six per cent., for the use of money / and upon other contracts ; but contracts may bo made in writing for the payment of ten per cent., but not higher. LOUISIANA. Legal rate. Jive 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 forfeiture of the entire interest. TEXAS. Legal rate, where no rate is specified, eight per cent , but parties may agree upon any rate as high as twelve per cent Where more interest is reserved, no interest can be recovered. ARKANSAS. Legal rate ; where no rate is mentioned, six per cent.; but parties may contract for any rate not exceeding ten per cent. Usurious contracts are void. TENNESSEE. Legal rate six per cent. Parties taking more, are liable to a fine of not less than the amount usuriously token. KENTUCKY. Legal rate, six per cent. All contracts for a .higher rate are usurious and void. OHIO. Legal rate, six per cent. ; but parties may contract for any rate as high as ten per cent.; if for a higher rate, the excess is void. MICHIGAN. Legal rate, seven per cent., with permission to agree upon any rate nf/c higher than ten per cent., for the use of money. Contracts are not void for usury beyond the usurious excess. INDIANA. Legal rate, six per cent. Usurious interest cannot be recovered, and, if paid, may be regained; but usury does rot ren- der the entire contract void. ILLINOIS. Legal rate, six per cent. On written agreement for LEGAL RATES OP INTEREST. 810 loaned money, parties may agree upon any rate not exceeding ten per cent. In a suit on a note, if it be shown that it was not given for money loaned, judgment will be given for the principal sum with six per cent, interest. MISSOURI. Legal rate, six per cent. If plea of usury be sus- tained, judgment shall be rendered for legal interest only, which interest shall be paid to the common school fund. In addition, a usurer shall, upon information to any Justice of the Peace, or Court, having jurisdiction, forfeit and pay to the common school fund the whole interest agreed co be paid. IOWA. Legal rate, six per cent. Parties, however, may agree upon any rate not exceeding ten per cent. Illegal interest may be recovered. WISCONSIN. Legal rate, seven per cent. But parties may agree in writing upon any rate not exceeding twelve per cent. If more be taken, the person paying may recover treble the amount paid, if action be commenced within one year from the date of such pay- ment. CALIFORNIA. Legal rate, ten per cent. But any greater rate, or compound interest, may be reserved by agreement. MINNESOTA. Any rate of interest agreed upon by parties in contract, specifying the same in writing, is legal and valid. When no rate of interest is agreed upon, or specified in a note, or other contract, seven per centum, per annum, is the legal rate. All judgments that may be recovered in any court of this State, shall, from and after the rendition of the same, draw interest at the rate of twelve per cent, per annum. OREGON. Legal rate of interest, ten per cent., foi money lent or money due on settlement of accounts, from the day of liquida- ting the same, and ascertaining the balance. DISTRICT OF COLUMBIA. Legal rate of interest, six per cent, Usurious contracts are void. KANSAS. Legal rate of interest, seven per cent, per annum, when no other rate of interest 1? agreed upon. Parties to any bond, bill, promissory note or other instrument of writing for tha payment or forbearance of money, may stipulate therein for inter- est at any rate not exceeding twelev per cent, per annum. JSo incorporated banking institution in this State shall be entitled to receive more than the rate of interest specified in its charter, or, if no rate be specified, more than seven per cent, per annum any loan or discount whatsoever. 320 LEGAL KATES OF INTEREST. NEBRASKA. Legal rate of interest upon the loan or forbear- ance of money, goods or things in action, ten per cent., unless a greater rate, not exceeding fifteen per cent., be contracted for by the parties. UTAH. Legal rate of interest, seven per cent. But parties m&y agree in writing upon a rate not exceeding ten per cent. WASHINGTON. Legal rate of interest, ten per cent, per annum. Any rate of interest agreed upon by parties to a contract, speci fying the same in writing, shall be valid and legal. NEVADA. Legal rate, ten per cent. Parties may agree, in writing, for the payment of any rate of interest whatever on money due^or to become due on any contract. Any judgment rendered on such contract, shall conform thereto, and shall bear the interest agreed upon by the parties, and which shall be specified in the judgment ; provided, only the amount of the original claim or demand shall draw interest after- judgment. COLORADO. Legal rate of interest, ten per cent. The parties to any bond, bill, promissory note, or other instrument of writ- ing, may stipulate therein for the payment of a greater or higher rate of interest than ten per centum per annum, and any such stipulation may be enforced in any court of law or equity in the Territory, OF ACTIONS, 321 LIMITATION OF ACTIONS IN THE BIEFEEEffT STATES. MAINE. Actions which must be commenced within six years after the cause of action accrues. Actions of debts on contract not un- der seal ; for arrears of rent ; for waste : trespass on land j replevin and all other actions for detention and injury to goods; and all causes for action founded on contract or liability. Within four years. All actions against Sheriff. Within two years. All actions for assault and battery, false im- prisonment, slander, and libel. Within one year. Actions against endorser of writ on judg- ment, in the original action. Cause of action accrues, in cases of open account; from the date of the last item proved. All personal actions not limited by the above provisions may be brought within twenty years after cause of action accrues. Minors married women, persons out of the United States, insane, or im- prisoned, may bring actions within the times above limited, after such disability is removed. If, at the time a cause of action ac- crues againsi, any person, he shall be out of the State, the action may be commenced within the time above limited after his return to the State. No action for the recovery of lands can be com- menced against any person who has been in open, peaceable, and exclusive possession of the same for more than forty years. NEW-HAMPSHIRE. Actions which must be commenced within twenty years after the cause of action accrues. All actions for the recovery of real estate all actions of debt founded on a judgment or recognisance, or a contract under seal. Within Jive years. All rights in action, relative to real estate, by minors or persons insane, may be commenced within five yean after such disability is removed. Within three years. All writs of error after judgment has boon rendered. Within two years. All actions for slander, assault and battery, and wounding. Actions on notes secured by mortgage may be brought so long as the plaintiff to action holds the mortgage. If the defendant, at the time of the cause of action, or after- ward, was absent from the State, the time of such absence shall bo excluded in the computation. 322 LIMITATION OF ACTIONS. VERMONT. Actions which must be commenced within fifteen year, after the cause of action accrued. AJ1 actions for the recovery of land. Within fourteen years. All actions on promissory notes signed in the presence of attesting witnesses. Within six years. All actions of debt on judgment, rendered in any court, not being a court of record. All' actions of debt o contract or liability, not under seal for arrearages of rent ; open account ; trespass on lands ; replevin, and all other actions for taking, detaining, or injuring goods. Within four years. All actions against Sheriffs for the negli- gence or misconduct of their deputies. Within two years. All actions for slander and libel. The provisions in relation to married women, insane and impris- oned persons, are the same as in Maine. The time during which a person, against whom a cause of action has accrued, is absent from the State, is not computed in the limit- ation. Within three years. All actions for assault and battery, and for false imprisonment. MASSACHUSETTS. Actions which must be commenced within six years after the cause of action accrued. All actions for arrears of rent waste ; trespass on land ; replevin, and all other actions for taking, detaining, or injuring goods or chattels. Within four yedrs. Actions against Sheriffs for the negligence or misconduct of their deputies. Within two years. Actions for assault and battery, false impris- onment, slander, and libel. None of the foregoing provisions apply to any action on a prom- issory note signed in the presence of an attesting witness, pro- vided the action be brought by the original payee, or his executor or administrator ; nor to any action brought on any bill, note, or ether evidence of debt issued by any bank. In all actions of debt brought to recover the balance due upon a mutual and open account, the cause of action accrues at the time of the proof of the last item in such account. If any person entitled to bring any of the foregoing actions is, at the time when the cause of action accrues, a minor, a married woman, a lunatic, imprisoned, or absent from the United States, Buch person may commence suit within the times respectively limited, after the disability shall be removed. All personal actions on any contract not limited by the forego- ing, or by any other law of the State, may be brought within twenty years. In case the defendant 'is out of the State, the time of such absence is not to be computed. RHODE ISLAND. Actions whidi must be commenced within twenty LIMITATION OF ACTIONS, 823 years after the cause of action accrued. All accounts that concern trade or merchandise between merchant and merchant, their fac- tors or servants. Within six years. All actions of covenant, account, arrearages of rent, detinue or replevin, and of debt founded on contract with- out speciality. Within four yearn. All actions of trespass, and of trespass and ejectment. Within two years. All actions of slander and libel. If any person, at the time such action shall accrue, be a minor, a married woman, a lunatic, imprisoned, or beyond the limits of tho United States, he or she may commence the same within the times specified after such disability is removed. If any person against whom there shall exist any of the above- mentioned causes of action be without the limits of the State, or shall go out before the action is barred, and shall not have or leave sufficient property therein that can be attached, the party entitled to such action may commence the same within the time limited after such person's return into the State. CONNECTICUT. Actions which must be commenced within seven- teen years after the cause cf action accrued. All actions on bonds, written obligations, contracts under seal, and promissory notes not negotiable. Within fifteen years. All actions of entry on lands. Those legally incapable at the time such right of action accrued, may bring the same at any time within four years after becoming capable. Within six years. All actions of account, debt on book, on simple contract, and on implied contracts not under seal. Those not capable may bring them within three years after becoming capable. Within three years. All actions of slander, libel, trespass, and express contracts, not in writing. The time when the defendant is out of the State is excluded from the computation. NEW-YORK. Actions which must be commenced within twenty years after the cause of action accrued. All actions upon judg- ments or decrees of any court or courts in the United States ; upon sealed instruments ; and for the recovery of real estate. Within six years. All actions upon unsealed contracts, obliga- tions or liabilities, express or implied ; for trespass on real estate j for taking, detaining, or injuring goods o-r chattels ; for the specific recovery of personal property ; for criminal conversation ; and for injury to the person or rights of another. Within two years. All actions for libel slander, assault, bat 824 LIMITATION OF ACTIONS. tcry, false imprisonment, and for forfeitures or penalties to the people of the State. In a ease of open account, cause of action accrues from the time when proof is given of the last item in the account. All actions to enforce the payment of bills, notes, or other evidences of debt, issued by moneyed corporations, or put in circulation as money ; and all actions against directors or stockholders of mon- eyed corporations or banking associations, to recover an imposed penalty or forfeiture, or to enforce a liability created by law, must be brought within six years after the discovery by the aggrieved Barsy of the facts upon which the penalty or forfeiture attached, or the liability, was created. No acknowledgment or promise shall be sufficient evidence of a new or continuing contract, unless the same be contained in some writing, signed by the party to be charged thereby. But this section shall not alter the effect of any payment of principal or interest. Absence from the State by a party against whom cause of action has accrued, shall not be computed. If a person entitled to bring an action be at the time of the cause of action a minor, a lunatic, a married woman, or impris- oned, the time of such disability is not a part of the time limited for the commencement of the actionj except that the period within which the action must be brought cannot "be extended more than five years by such disability, except in case of infancy ; nor can it be so extended in any case louger than one year after the disability ceases. NEW-JERSEY. Actions which, must be commenced within twenty years after the cause of action accrued. All actions for the recovery of lands. Within sixteen years. All actions of debt; covenants for rent; arrearages of rent, founded on any lease under seal ; actions of debt on any bill for the payment of money only, or upon any obli- gation with condition for the payment of money only ; and all ac- tions upon awards under the hands and seals of arbitrators, for the payment of money only. Within six years. All actions of trespass, detinue, trover and replevin, for injuring or taking away goods and chattels; of debt, founded on any contract without speciality ; and for arrearages of rent on contracts not under seal. Within four years. All actions of trespass for assault, menace, cattery and imprisonment. Within "two years. All Actions for libel and slander within two years after the words spoken. Minors, married women, and lunatics, may bring these actions within limited periods, respectively, after their disability is re IMITATION OF ACTIONS. 325 *noved. The time of defendant's absence from the State is not to oe computed. PENNSYLVANIA. Action* which must be commenced within twenty- one years after the cause of action accrued. All actions for tho recovery of lands. Within six years. All actions of account between retailer and consumer; actions of debt founded upon any contract without speciality ; for arrearages of rent, except the proprietaries' quit- rents j actions of replevin for goods and chattels ; and all actions of trespass upon land. Within two years. All actions of trespass, assault, menace, bat- tery, wounding, and imprisonment. Within one year. AH actions for libel and slander. Infants, lunatics, married women, and persons imprisoned, have ten years after their disability is removed. Parties out of the United States may bring the above actions within the times re- spectively limited, after the disability is removed. DELAWARE. Actions which must be commenced within twenty years after the cause of action accrued. All actions for recovery of lands. Within six years. All actions on promissory notes, bills of ex change, and acknowledgments under the hand of the debtor. Within three years. All actions of trespass, replevin, detiirae, debts not founded on a record of speciality, and of account. In cases of mutual and running account, limitation not to begin while the account continues open. Minor^, married women, lunatics, and persons imprisoned, to have ten years after the removal of such disability. The time of the defendant's absence from the State is to be de- ducted ; and in every such case, one year after his return, to be allowed, when the cause of action arises in the State. MARYLAND. Actions which must be commenced within three years after the cause of action accrued. All actions of trespass on land, detinue, trover, replevin, contract account, loans, non-resi- dents, contracts without speciality, and arrearages of rent. Wi-hin one year. All actions relative to slander, assault, bat- tery, wounding, and imprisonment. No person absenting himself from the State, or removing from county to county, to the hindrance and injury of his creditors, can have any benefit from the foregoing sections. Minors, married women, lunatics, and prisoners, may commence the above actions within the times respectively limited, after their disability is removed. VIRGINIA. Actions which, must be commenced within twenty 326 LIMITATION OF ACTIONS. years after the cause of action accrues. All actions founded on ooi> tracts in writing under seal. Within fifteen years. All actions to recover land. Wilkin ten years. All actions on indemnifying bonds taken under any statute, and on all bonds of executors, administra- tors, guardians, curators, committees, Sheriffs, or other public officers. Within five years. All actions on awards or contracts in writ ing not under seal. Within two years. All actions founded on accounts between re tailers and consumers. All personal actions not provided for in the foregoing sectiom must be brought to suit within five years. A minor, married woman, or lunatic, may commence the above actions ten years after the removal of such disability. Every action upon a judgment rendered in any'ather State or country is barred, if by the laws of such State or country it would there be barred. But whether so barred or not, no action can be instituted on a judgment against a party who has been a resident in the State for ten years, if such judgment was rendered more ten years before the commencement of the action. NORTH CAROLINA. Actions which must be commenced within seven years after the cause of action accrued. All claims for the recovery of lands. Within three years. All actions of account, arrearages of rent, of debt upon simple contract, and of detinue, replevin, and tres- pass, either for goods and chattels, or upon land. Within one year. All actions for trespass, assault, *battery, wounding, and imprisonment. Within six months. All actions for slander and libel. Minors, married women, lunatics, prisoners, and persons beyond seas, have the same periods after the removal of their disability. SOUTH CAROLINA. Actions which must be commenced within seven years after the cause of action accrued. All claims for the re- covery of lands. All titles to lands or possessions for seven years are good against all claims whatsoever. In actions to try titles to lands, if the plaintiff or claimant discontinue, or suffer a non-suit, 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 ia barred. The second action is final. Within four years. All actions of trespass on land ; trespass, detinue and trover ; and replevin, debt, and covenant. Within one year. All actions of assault, battery, and i ment. Within six months. All actions of libel and slander UM1IATION OF ACTIONS. 327 Persons beyond seas, married women, and prisoners, may com- mence the above actions seven years after the removal of their disability ; minors five years after their majority. GEORGIA. Actions which must be commenced within twenty yer<rj after the cause of action accrued. All actions on instruments under seal. Within seven years. All actions for the recovery of land. Within six years. All actions on notes and instruments ID writing, not under seal. Within jive years. All actions on foreign judgments. . Within four years. All actions on open accounts, trespass, debt, detinue, and replevin for goods ; also, all actions, for trespass on land. Within two years. All actions for trespass, assault, battery, wounding, and imprisonment. Within six months. All actions for slander. Minors, married women, lunatics, prisoners, and persons beyond seas, have the same periods after their disability is removed. FLORIDA. Actions which must be commenced within seven years after the cause of action accrued. All actions for the recovery of real estate. Within Jive years. All actions of account ; debt ; trespass on land ; and trespass, detinue, and replevin for goods and chattels. Within three years. All actions tor assault, battery, wounding, and imprisonment. Within two years. All actions on book accounts. If the cred- itors die within such two years, then the further time of two yenrs. Within one year. All actions for libel and slander. Minors, married women, lunatics, prisoners, and persons beyond teas, have the same periods after the removal of their disability. Actions of account concerning merchandise between merchants, actions of debt on speciality, and actions of covenant, not being regulated by statute, are governed by the old English law in force prior to 1776. A debtor who absconds, conceals himself, or otherwise prevents his creditor from bring suit within the terms above specified, thereby lose& all benefits of the foregoing limitations. ALABAMA. Actions which must be commenced within thirty years after the cause of action accrued. All actions on real, possessor^ ancestral, and other actions for the recovery of lands. Within twenty years. All actions relative to the right of entry on lands; all actions on judgments in any court of record; am? all actions of debt between merchants, concerning trade in chindise. Within sixteen years. All actions on instruments under 328 UMTTA11ON OF ACTIONS. Within six years. All actions for trespass; detinue, trover, replevin ; for taking goods and chattels ; actions of debt founded on contract; for arrearages of rent; on parole, demise; and oi account. Within three years. All actions on open account. Within two years. All actions for trespass, assault, menace, battery, wounding, and imprisonment. Within one year. All actions for libel and slander. All actions for forcible entry and detainer are barred by three years' adverse possession. Writs of error to the Supreme Court of the State are limited to three years. Wills may be contested by bill in chancery within five years from the time of probate. The time of absence from the State is not computed. Miners, married women, lunatics, and prisoners, have the same periods respectively after the removal of their disability. MISSISSIPPI. Actions which must be commenced within ten years after the cause of action accrued.. All actions for the recovery of lands, and all actions on judgments of any court of record. Within six years. All actions on debts, covenants, arrearages of rent, founded on leases under seal, and all actions of debt on bills, obligations, and awards for the payment of money. All actions of trespass on land ; of trespass, detinue, trover, and re- plevin; action of debt founded on any lending or contract without speciality ; for arrearages of rent due on parole demise ; and all actions of account. Within two years. All actions on account between retail mer- chants and consumers. Within one year. All actions for slander, assault, and battery. Minors, married women, and lunatics, are entitled to the same periods of limitation, after the removal of their disability. Absence from the State by parties liable to action is not com- puted. LOUISIANA. Actions which must be commenced within thirty years after the cause of action accrued. All actions relative to the re- covery of lands. Within Jive years. All actions on bills of exchange, and ac- counts between merchants relative to merchandise. Within three years. All actions for arrearages of rent, annui- ties, alimony, and hire of movables or immovables ; for the pay- ment of loaned money, salaries of .overseers, clerks, secretaries, and school-teachers ; and for the payment of physicians', surgeons', and apothecaries' bills. Within one year. All acMons for slander; libel; trespass on leased premises; for delivery of merchandise on board vessels ; foi LIMITATION OF ACTIONS. 329 damage sustained by merchandise on board of vessels ; for month- ly lessons by instructors; claims by innkeepers, and others, on account of board and lodging ; all accounts between retail mer- chants and consumers ; all claims by workmen, laborers, and ser- vants ; all claims by officers and sailors; and all bills for the supply of materials for the construction, equipment, and provision- ing of vessels. TEXAS. Actions which must be commenced within four years after the cause of action accrued. All actions for debt on contract, in writing; on all instruments under seal; and all accounts between merchants relative to merchandise. Witkin two years. All actions of trespass for injury to prop erty ; for taking away goods and chattels ; open accounts : and accounts between retail merchants and consumers. Within one year. All actions for assault and battery, slander, and libel. Minors, married women, lunatics, and prisoners, have the same periods, after the removal of their disability. An acknowledgment to take a claim out of the statute of limita- tion must be in writing, and signed by the party to be charged. ARKANSAS. Actions which must be commenced within ten yearn after the cause of action accrued. ~ All actions of account between merchants concerning merchandise ; actions on sealed instruments; judgments and decrees. Within five years. All actions on promissory notes and other instruments in writing, not under seal. Within three years. All actions of account between retail mer- chants and consumers ; all actions on debts for labor, rent, tres- pass, and replevin. Within one year. All actions for libel a.nd slander. Non-residents are subject to the limitations equally with resi- dents. When a debtor has absconded from another State into Ar- kansas, without the knowledge of his creditor, the latter may sue within the time limited, after he is apprised of such residence of the absconding debtor. Minors, married women, lunatics, and prisoners, have the same periods, respectively, after their disability. All acknowledgements to take a case out of the statute of lim- itations, or to bind a person for a debt contracted during his minority, must be in the handwriting of such person. TENNESSEE. Actions which must be commenced within seven years after the cause of action accrued. All claims for the recovery of real estate. Within three years. All actions founded on accounts rendered, of debt for arrearages of rent, of dobt on imple contract und ol 330 LIMITATION OP ACTKW3. detinue, replevin, and trespass, either for goods and chattels, or upon land. Within one year. All actions of assault, battery, wounding, and imprisonment. Within six months. All actions for libel and slander. Minors, married women, lunatics, and persons beyond seas, have the same periods, after their disability is removed. KENTUCKY. Actions which must be commenced within fifteen years after the cause of action accrued. All actions on judgments and decrees of court. Within ten years. All actions on the official bonds of a Sheriff or other public officer, or his deputy ; on the official bond of a per Bonal representative, guardian, or committee; on bonds for ap- peals, attachments, injunctions, and orders for arrest, or for the delivery of property ; on bonds for costs ; on bonds for replevin ; on bonds for sale and delivery, taken under an execution or war- rant of distress; and on bonds to suspend sale or proceeding un- der a distress warrant or an execution. Within Jive years. All actions on simple bonds or contracts; for trespass on real estate; for taking, detaining, or injuring personal property ; for recovering personal property ; on. bills of exchange, promissory notes, checks, drafts, and orders ; accounts between merchants concerning trade in merchandise ; and actions for relief on the ground of fraud. Within one year. All actions for injury to the person of plain- tiff or his wife, child, ward, or servant, other than a slave ; for malicious prosecution or arrest; for seduction or breach of prom- ise of marriage ; libel and slander ; for the carelessness of Sheriff or his deputy ; and for accounts between retail merchants and con- sumers. OHIO. Actions which must be commenced within twenty-one years after the cause of action accrued. All actions for the recovery of real estate. Within fifteen years. All actions on specialty, agreements, contracts, or written promises. Within six years. All actions on contracts not in writing, ex- press or implied, and on a liability by statute for a forfeiture or Within four years. All actions for trespass on real estate ; for taking, detaining, or injuring personal property ; for the recovery of personal property ; and for relief on the ground of fraud. Within one year. All actions for libel, slander, assault, battery, fjaalicious prosecution, and false imprisonment. Minors, married women, lunatics, and prisoners, are entitled to tfca same periods, after their disability is removed. LIMITATION OP ACTIONS. $31 Absence of defendant from the State, or the time during which he conceals himself to avoid process, is not computed in the limi- tation. MICHIGAN. Actions which must be commenced within ten years after the cause of action accrued. All actions for the recovery of real estate, and actions founded on contracts, and instruments under seal. Within six years. All actions of debt founded on contract or liability not under seal ; on judgments and decrees rendered in all courts other than those of any court of record of the State, or of any other State ; for arrears of rent ; actions founded on contract or liability, express or implied ; of waste j replevin and trover, and all other actions for taking, detaining, or injuring goods or chattels. Within two years. All actions for trespass on land ; assault and battery, false imprisonment, slander, arid libel. Minors, married women, lunatics, prisoners, or persons out of the United States, are entitled to the same periods, after their dis- ability is removed. In cases of open account, the cause of action accrues at the time of proof of the last item. The foregoing limitations do not apply to notes issued as money by banks or money corporations. When a party against whom there is a case of action is absent, or leaves the State, the time of such absence is not computed. In actions on contract, no promise or acknowledgment shall take a case out of the statute, unless the same is made or contained by or ia some writing. INDIANA. Actions which must be commenced within ten years after the cause of action accrued. All actions for the recovery of land ; actions on judgments rendered in any court of record of the State, or of any of the States or Territories of the United States ; actions on bonds, notes, and contracts on specialty ; and on bills, notes, and other evidences of debt, issued by banks or other moneyed cor- porations. Within six years. All actions of debt founded on contract or lia- bility, express or implied j upon judgments rendered before a Jus- tice of the Peace, er in any court not a court of record ; for arrears of rent; for waste; trespass upon land; and actions of replevin, and for taking, detaining, and injuring goods. Within three years. All actions for assault, battery, and false imprisonment. Within one year. All actions for slander and libel. In all actions of debt on open accounts, cause for actioc is deemed to have accrued at the time of the last item proved. Absence from the State, of defendant, is not computed. 832 LIMITATION OP ACTIONS, Minors, married women, lunatics, prisoners, and persons absent from the United States, may bring action within 'one year after their disability is removed. ILLINOIS. Actions which must be commenced within twenty years after the cause accrued. All actions concerning the recovery of real estate ; and on judgments rendered by any court of record. Within sixteen years. All actions for debt, or covenants for rent, founded on a lease under seal ; and of debt founded on bills, promissory notes, written obligations, covenants of specialty, awards of arbitrators under seal, and on accounts between mer- chants relative to trade in merchandise. When any payment has been made upon such instruments, right of action commences from the time of such payment. Within five years. All actions of trespass on lands, trespass on personal property, and taking and injuring goods ; for arrears of rent on parole demise ; and of accounts between retail merchants and consumers. Within two years. All actions for assault, battery, wounding, imprisonment and malicious prosecution. Within one year. All actions for slander and libel. Absence of defendant from the State is not included in the com- putation. Minors, married women, lunatics, and persons absent from the State, may commence such actions within the terms prescribed, after the removal of their disability. MISSOURI. Actions which must be commenced within twenty years after the cause of action accrued. All actions on bonds, judgments, and decrees. Within ten years. -All actions founded on instruments under seal. Within five years. All actions for contracts, express or implied, and not under seal ; on all liabilities created by statute, other than penalties or forfeitures ; for trespass on real estate ; for taking, de- taining, or injuring goods; for the recovery of personal property; for criminal conversation, or other injury to the rights of persons; and all actions for relief on the ground of fraud, the cause accru- ing at the discovery of the fraud. Within two years. All actions for libel, assault, battery, false imprisonment, and for penalty or forfeiture to the State. Within one year. All actions against individuals by the State. In cases of open account, the cause of action accrues at the time of the last item in the account on the adverse side. Limitations apply to actions brought by the State, or for its benefit. A promise in writing is necessary to revive an action barred by tho statute. LIMITATION OF ACTIONS. 833 Minors, married women, lunatics, and prisoners., have the same periods, respectively, after their disability is removed. IOWA. Actions which must be commenced within twenty years after the cause of action accrued. All actions for the recovery of real estate. The judgment of any court of record may bo revived after twenty years, by giving the defendant notice, and calling upon him to show cause why an action should not be commenced. Within six years. All actions of debt for rent or money founded upon covenant or lease ; of debt on single or penal bills, promis- sory notes ] on writings obligatory for the payment of money, or the delivery of property, or the performance of contracts, or on the award of arbitrators for the payment of money only ; for the re- covery of money or property on* promises not under seal ; and all actions on accounts between merchants on account of merchandise. Within jive years. All actions of trespass on property ; for taking, detaining, or injuring goods; for arrearages of rent promised by word of month ; and for debts due on running ac- counts. Within two years. All actions for debts due on accounts be- tween retail merchants and consumers. . Within one year. All actions for trespass on personal property j for libel and slander ; and for assault, battery, false imprisonment, and malicious prosecution. The time of defendant's absence from the State is not computed in the limitation. WISCONSIN. Actions which must be commenced within twenty years after the cause of action accrued. All actions for the recovery of real estate ; all actions founded on judgments or decrees of courts of record, either in or out of the State. Within six years. All actions of debt founded oh judgments or decrees of courts which are not courts of record ; for arrears of rent ; on contracts for money, express or implied ; for waste ; tres- pass on land ; and for replevin, and all other actions for taking, detaining, or injuring goods. Within two years. All actions for assault, battery, malicious prosecution, false imprisonment, slander, ancj libel. In all cases of open account, cause of action accrues at tho time of proof of the last item. Minors, married women, lunatics, and prisoners, have the same periods, respectively, after the removal of their disability. CALIFORNIA. Actions which must be commenced within five years after the cause of action accrued. All actions for the recovery ol real estate ; and all actions on judgments or decrees of courts i the State, )'p in any of the United States or Territories 994 LIMITATION OP ACTIONS. Within four years. All aotions founded on contracts, obligations or liabilities, in writing. Actions on open account far goods. Within three years. All actions founded on liabilities, other than penalties or forfeitures ; for trespass upon real estate ; foi taking, detaining, or injuring goods or chattels; for the recovery of personal property; for relief on the ground of fraud; the cause of action accruing upon the discovery of the fraud. Within two years. All actions on contracts, obligations, or lia- bilities, not founded on instruments in writing. Within one year. All actions founded on penalties or forfeitures, for libel, slander, assault, battery, or false imprisonment; and for accounts between retail merchants and consumers. In all eases of open and mutual account, the cause of action accrues from the time of the last item proved. Minors, married women, lunatics, and prisoners, are entitled to the same periods, respectively, after the removal of their disability. No promise or acknowledgment shall be sufficient evidence of a new or continuing contract, whereby to take the case out of tho statute, unless the same be in writing, and signed by the party to be charged. MINNESOTA. Action's which must be commenced within twen* years after the cause of action accrued. All actions for the recoT ery of real estate. Within ten years. All actions upon a judgment or decree of a court of the United States ; or of any State or territory of the United States. Within six years. All actions upon contracts or other obliga- tions, expressed or implied, excepting those mentioned in the last preceding section; all actions for trespass upon real property; all actions for taking, detaining, and injuring personal property, including actions for the specific recovery thereof; all actions for criminal conversation, or for any other injury to the person or rights of another, not arising on obligation, and not hereinafter enumerated. All actions for relief, or on the ground of fraud; the cause of action in such cases not to be deemed to have ac- crued until the discovery by the aggrieved party of the facts con- stituting the fraud. Within three years. All actions against a sheriff, coroner, OP constable, upon the liability by the doing of an act in their official capacity, or by the omission of their official duty, including the failure to pay moneys collected upon an execution. Within two years. All actions for libel, slander, assault, battery, or false imprisonment. Within one year. All actions against a sheriff, or other officer, for the escape of a person arrested or imprisoned by a civil process ; all actions Drought to recover the balance duo upon a mutual, LIMITATION OF ACTIONS. 335 8peu, and current account, the cause of action accrues at the time of proof of the last item. OREGON. Actions which must be commenced within twenty yeais. All actions for the recovery of real property, and for tno pos- session thereof. Within ten years. All actions upon a judgment or decree of any court of the United States, or territories of the United States, and all actions upon a scaled instrument. Within six years. All actions upon a contract or liability, ex- press or implied, excepting those mentioned above; all actions for waste or trespass upon real property; all actions for taking, de- taining or injuring personal property, including an action for the specific recovery thereof; all actions for criminal conversation, or for any other injury to the person or rights of another, not herein- after enumerated. All actions for relief on the ground of fraud, where the aggrieved party has discovered the facts constituting the fraud. Within three years. All actions against -a sheriff, coroner, or sonstable, upon a liability incurred by the doing of an act in his official capacity, and in virtue of his office. All actions upon a statute, for penalty and forfeiture, "where the action is given to the party aggrieved, except where the statute imposing it prescribes a different limitation. Within two years. All actions for libel, slander, assault, bat- tery, or false imprisonment ; all actions upon a statute for a for- feiture or penalty to the State. Within one year. AH actions against a sheriff or other officer, for the escape of a prisoner arrested on civil process ; all actions to recover a balance due upon a mutual, open, and current account, from the time of the last item proved in the account on either side. KANSAS. Actions which must ~be commenced within twenty-one years after the cause of action accrued, All actions for the recoy- ery of the title or possession of lauds, tenements or heredita- ments. Within three years. All actions upon a speciality, or any agreement, contract or promise in writing. Also, all actions not in writing, expressed or implied. Within two years. All actions for trespass upon real property ; aL actions for taking, detaining or injuring personal property, including actions for the specific recovery of personal property. Within one year. All actions for libel, slander, assault and battery, malicious prosecution or false imprisonment. IXJ&BXASXA. Actions which must l)e commenced within twenty -out 336 LIMITATION OP ACTION. years. All actions for the recoycry of the title or possession of lands, tenements or hereditaments can only be brought -within twenty-one years after the cause of such action shall have occurred. Within five years. All civil actions other than for the recovery of real property, such as actions upon a speciality, or any agree- ment, contract or promise in -writing, or foreign judgment. Within four years. All actions upon a contract not in writing, expressed or implied ; an action upon a liability created by stat- ute other than a forfeiture or penalty. Within four years. Actions for trespass upon real property; nctions for taking, detaining or injuring personal property, in- cluding actions for the specific recovery of personal property ; actions for an injury to the rights of the plaintiff, not arising on contract, and hereinafter enumerated ; actions for relief on the ground of fraud, but the cause of action in such case shall not be deemed to have occurred until the discovery of the fraud. Within one year. All actions for libel, slander, assault and battery, malicious prosecution or false imprisonment; actions upon a statute for a penalty or forfeiture ; but where the statute giving such action presents a different limitation, the action may be brought within the period so limited. NEVADA. Action* which must "be commenced within ten years after the cause of action accrued. All claims for the recovery of lands, or the issues or profits thereof. Within five years. All actions 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. All actions upon any contract, obligation, or liability, founded upon an instrument of writing. Within three years. All actions upon a liability created by statute, other than a penalty, or forfeiture ; all actions for trespass upon real property ; all actions for taking, detaining, or injuring, any goods or chattels, including actions for the specific recovery of personal property ; all actions 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. Within two years. All actions upon a contract, obligation, or liability, not founded upon an instrument of writing ; all actions against a Sheriff, Coroner, or Constable, upon the liability in- curred by the doing of an act in his official capacity, and in virtue of his office, or by the omission of an official duty, includ- ing the non-payment of money collected upon an execution ; all actions for libel, slander, assault, battery, or false imprisonment ; all actions upon a statute for a forfeiture, or penalty, to the people of this Territory ; ail actions against a Sheriff, or other LIMITATION OF ACTION. 337 officer, for the escape of a prisoner arrested or imprisoned on civil process ; all actions on an open account for goods, wares, and merchandise, sold and delivered, and for any article chargccj in a store account. COLORADO. Actions wJiich must be commenced within six years^ next after the cause of action shall accrue, and not afterwards : All actions of debt founded upon any contract or liability in action ; all actions upon judgments rendered in any court, not being a , .court of record ; all actions for arrears of rent ; all actions founded on any contract or liability, express or implied ; all actions foi waste, and for trespass on land ; all actions of replevin, and all other actions for taking, detaining, or injuring, goods or chattels ; all other actions on the case, except actions for slanderous words, and for libels. Within one year. All actions for assault and battery, and for false imprisonment, and all actions for slanderous words, and for libels. Within six months. All actions against Sheriffs, or other officers, for the escape of persons imprisoned on civil process. In all actions of debt or assumpsit, 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. All personal actions, on any contract not limited by the fore- going sections, or by any other law in this Territory, shall be brought within three years after the accruing of the cause of ac- tion, and not afterwards. WASHINGTON. Actions which must be brought within twenty years. All actions for tho recovery of real estate, or for tho re eovery of the profession thereof. Within six years. All actions upon a judgment or decree 01 any court of the United States, or of any State or territory within the United States ; all actions upon a contract in writing, or lia- bility, express or implied, arising out of a written agreement; all actions for tho rents and profits, or for the use and occupation of real estate Within three years. All actions for waste or trespass upon real property ; all actions for taking, detaining or injuring person al property, including actions for the specific recovery thereof, 01 for any other injury to the person or rights of another, not herein- after enumerated ; actions upon all contracts, express cr implied, which aro not in writing, and do not arise out of any written instrument ; all actions for relief upon the ground of fraud, the cause of action in such case not to be deemed to have accrued un til the discovery by the aggrieved party of the facts constituting the fraud all actions against a sheriff, coroner or constable, for 838 LIMITATION OF ACTION. non-payment of money collected upon an execution ; all actions for seductions and breach of marriagn contract. Within one year. All actions for libel, slander, assault, assault and battery, and false imprisonment ; all actions upon a statute for a forfeiture or penalty to the territory ; all actions for relief, not hereinbefore provided for, shall be commenced within two years after the cause of action shall have accrued. In all actions brought to recover a balance due upon a mutual, open, and current account the cause of action shall be deemed to have accrued from the tin* of the lest item, proved in the account on either side. LIEN LAWS. S3 9 LIE1ST LAWS. . All mechanics working on a vessel finished, or on the stocks, shall have a lien on such vessel until four days after such vessel is launched and ready for sailing, and may secure the same by attachment, which takes precedence of other attachments. Any person performing labor, or furnishing materials for erect- ing, altering, or repairing any house or other building, by order of the owner thereof, shall have a lien upon the same for ninety days from the time such payments become due, to secure the Eayment for such labor or materials. He may secure the same y attachment, which takes precedence of all others. NEW HAMPSHIKE. Any person performing labor on a build- ing, or furnishing materials for the construction, repairing, or altering the same, shall have a lien thereon for the space of thirty days after the payment of said labor or materials shall become due for such contracts, providing the order or contract for the same is in writing, and a true copy thereof left with the town clerk. Such lien may be secured by an attachment, which shall have precedence of all other attachments, except there be a prior mortgage on the land on which the house is situated, in which case the prior mortgage has the preference. Any person furnishing labor or materials for the construction, altering, or repairing of a vessel, shall have a lien therefor on such vessel for the space of four days after such vessel is finished. This lien may be secured by attachment, which shall take pre- cedence of all attachments, except a lien for mariners' wages. Any person, to whom any horses, cattle, sheep, or other domes- tic animals, shall be entrusted to be pastured or boarded, shall have a lien upon said animals for all proper charges due for such pasturing or board, until said person voluntarily relinquishes the possession of said animals, and any person, to whom said animals shall be so entrusted, may detain the same until payment or tender of the amount due for such pasturing or board. VERMONT. Any person who shall perform any labor, or fur- nish any materials in this State for or towards the building, repairing, fitting, or furnishing any ship, vessel, or steamboat, shall have a lien on the same for his wages and materials so fur- nished, until eight months after such vessel or steamboat shall be completed, and may secure the same by attachment on such ship, vessel or steamboat, which attachment shall have prece- dence 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 mate- rials furnished, as aforesaid, and shall demand payn cut of the game of the owner, agent, contractor, or person in whose caro such ship, vessel, or steamboat may be ; and in case such pers^a, 340 LIEN LAWS. naving a lien as aforesaid, shall demand more than is due to him, such owner,>igent, contractor 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 mate- rials furnished as aforesaid, and fully and absolutely discharge Biich lien. When any contract or agreement shall hereafter be made, whether in writing or not, for erecting, repairing, 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 secure the 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 : Provided, how- ever, that no lien shall attach thereto until the person claiming the lieu shall have filed and caused to be recorded, in the town clerk's office of the town where such house or other building is situated, a written memorandum, by him signed, asserting such claim, which shall be sufficient to charge such real estate with such lien agreeably to the provisions of this chapter. 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 may, 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 or other building shall be thereupon holden for the amount due upon such judgment, together with the costs of tho 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 fhe plaintiff shall 'have the same remedy to obtain possession, and to foreclose the defendant's equity of redemption, and per- fect his own title, as in case of a mortgage. Machinery attached to or used in any shop, mill, printing office, or factory, may be hereafter mortgaged by deed, executed, acknowledged, and recorded in the same manner as deeds of real estate ; and when so executed, acknowledged, and recorded^ shall have the same effect. Mortgages of such machinery may be assigned, discharged^ LIEN LAW8. 341 or foreclosed in the same manner as is provided by law fol the assignment, discharge, or foreclosure of mortgages of real estate. MASSACHUSETTS. Any person furnishing labor or materials for constructing, repairing, altering or equipping any vessel, shall have a lien therefor upon the same, and such lien shall take precedence of all other liens except mariners' wages. When, however, the vessel departs from the port where the debt was contracted, to some other port within the State, such debt shall cease to be lien at the expiration of twenty days from her de- parture ; and in all cases such debts shall cease to be a lien after the vessel shall have arrived at any port out of the State. Any person who shall actually perform labor in erecting, altering or repairing any building or structure upon real estate, or shall furnish materials actually nsed 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 tabor 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 and structure, in the lot of land upon which the same is situated, to secure the payment of the amount duo to him for such labor or materials. 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 state- ment of a just and true account of the amount due to him, with all just credits given, together with a description of the pro- perty 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 person claiming the lien, or by some one in his behalf. Such lien shall be dissolved at the expiration of ninety- days from the day it is recorded, unless suit shall have been commenced within that time for the amount of the debt. In a case where a number of persons have performed labor on a vessel or building, they may all join in the same petition for their respective liens, and the same proceedings shall be had in regard to the rights of each as if he had petitioned for his individual lien. Such liens may be enforced by a petition to the Superior Court for the county where the property to which the Ken attaches is situate. When the amount of the claim does not exceed one hundred dollars, the lien may be enforced by petition to a justice of tho peace or police court ; and such justices and courts shall have 342 LIEN LAWS. like power and authority within their jurisdiction as are herein conferred upon the Superior Court, with like rights of appeal to the parties as exist in other civil cases. Whether filed as a petition, or inserted in a summons, the peti- tion shall contain a brief statement of the contract on which it is founded, and of the amount due thereon, with a description of the premises subject to a lien, and all other material facts and circumstances ; and shall pray that the premises may be sold, and the proceeds of the sale be applied to the discharge of the demand. RHODE ISLAND. Any person furnishing labor or materials for constructing, altering or repairing, on written contract with the owner or his agent, any building, canal, turnpike, railroad or other improvement, shall have therefor a lien, which shall take precedence of all subsequent liens ; the building, or other im- provement, as the case may be, and the land on which it is situate, standing pledged for the debt for the term of four months from the completion of the work, when it shall cease, unless legal action be previously taken to enforce payment of the debt. Persons performing labor on such building, or other improvement, can have no lien upon the same, unless he shall, within thirty days after commencing the work, give notice in writing to the owner of the property that he has commenced the work, and that he designs to claim the benefit of the lien created by this act. But this lien will cease at the expiration of four months from the serving of such notice, unless legal action shall be previously taken to enforce the payment of the claim. All steam engines in all their parts, and all boilers, kettles or vats made of iron, copper, wood or other materials, whether set in brick or stone, or not so set ; and all water-wheels, gearing or shafting, in any mill or building, and there used or intended to be used ; and all steam-pipes, gas-pipes, and water-pipes, cocka and eave-troughs made of copper or other metal, attached tc any mill or other building, shall, for all the purposes of lien, be considered and treated as parts of such mill or other building. CONNECTICUT. Any person furnishing labor or materials for the construction of any building, alterations or repairs, exceed- ing the sum of twenty-five dollars, shall have a lien on such building, and on the land on which it is situate ; and such lien shall take precedence of all subsequent liens, and the premises so held shall be liable to foreclosure by such person, as if held by a mortgage. Such lien may remain for sixty days, when it shall cease, unless the person holding it shall previously have lodged with the town clerk a written certificate of the amount of his claim, the date of the commencement of the same, and an intelligible description of the premises against which it in LIEN LAWS. 843 held, the same being subscribed and sworn to as the amount justly due, as nearly as the same can be ascertained. This cer- tificate shall be recorded by the Town Clerk with deeds of land. This lien is good against all subsequent claims by other parties. NEW YORK. On Vessels. Whenever a debt, amounting to fifty dollars or upwards, as to a sea-going or ocean-bound vessel, or amounting to fifteen dollars or upwards, as to any other vessel, shall be contracted by the master, owner, charterer, builder, or consignee, of any ship or vessel, or the agent of either of them, within this State, for either of the following purposes : 1st, On account of work done, or materials, or other articles fur- nished in this State, for or towards the building, repairing, fitting, furnishing, or equipping such ship or vessel. 2d, 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. 3d, On account of the wharfage and expenses of keeping such vessel in port, including the expense incurred in employing persons to watch her. 4th, On account of loading or unloading, or for advances made for the purpose of procuring necessaries for such ship or vessel, or for the insurance thereof. 5th, Or whenever a debt amounting to twenty-five dollars or up- wards shall be contracted as aforesaid, within this State, on account of the towing or piloting such vessel, or on account of the insurance or premiums of insurance of or on such vessel, or her freight, such debt shall be a lien upon such vessel, her tackle, apparel, and furni- ture, and shall be preferred to all other liens thereon, except mari- ner's wages. Such debt shall cease to be a lien at the expiration of six month? after the said debt was contracted, unless at the time when said six months shall expire such ship or vessel shall be absent from the port at which such debt was contracted, in which case the said lien shall continue until the expiration of ten days after such ship or vessel sjmll next return to said port ; and in all cases such deM shall cease to be a lien upon such ship or vessel, whenever such ship or vessel shall leave the port at which such debt was con- tracted, unless the person having such lien shall, within twelve days after such departure, cause to be drawn up and filed specifications of such lien, which may consist either of a bill of particulars of the demand, or a copy of any written contract under which the work may be done, with a statement of the amount claimed to be due from such vessel, the correctness of which shall be sworn to by such person, his legal representative, agent, or assigns. The above section, it was ordered by an amendment passed May 4th, 1863, shall not apply to vessels navigating the western and northwestern lakes, or either or any of them. Any deot contracted by the master, owner, charterer, builder, or consignee, of any ship S44 LIEN LAWS. or vessel na\ igating such lakes, or either of them, shall 3ease to be a lien at the expiration of six months after the first of January next succeeding the time such debt shall have been contracted, unless during the said six months, such ship or vessel shall be absent from the port at which such debt was contracted, in which case the said lien shall continue until the expiration of ten days after such ship or vessel shall next return to said port. In all cases such debt shall cease to be a lien upon such ship or vessel, unless the person having such debt shall, by the first Tuesday of February next suc- ceeding the time such debt shall have been contracted, cause to be drawn up, verified, and filed, specifications ef such debt, in the form and comprising the statements prescribed as aforesaid. Such specifications shall be filed in the office of the clerk of the county in which such debt shall have been contracted, except that when such debt shall have been contracted in either of the counties of New York, Kings, or Queens, such specifications shall be filed in the office of the clerk of the city and county of New York. Any person having a lien upon any ship or vessel for any debc contracted for any of the purposes hereinbefore specified, ma}* make application to any officer authorized by law to perform the duties of a justice of the Supreme Court at chambers in the county within which such ship or vessel shall then be, for a warrant to enforce the said lien, and to collect the amount thereof. Such application shall be made in writing, and shall exhibit and specify : 1st, By whom and when such debt was contracted, and for what ship or vessel ; 2d, The items composing such debt ; 3d, The amount claimed, and that the same is justly due to the person in whose behalf the application is made, over and above all payments and just "deductions ; 4th, Any assignment or transfer of such debt, if any such has taken place since the same was contracted ; 5th, When and where the specification of such debt was filed. Such application shall be verified by the affidavit of the creditor, or of the person making the application or of his or their a^ent in that behalf. The officer to whom such application shall be made, sliall there- upon issue a warrant to the sheriff, specifying the amount of the claim, and the names of the persons making such claim, and com- manding him to attach, seize, and safely keep said ship or vessel, her tackle, apparel, and furniture, to satisfy such claim, if estab- lished, to be a lien upon such vessel, according to law, and to make return of his proceedings under such warrant to the officer who issued the same, within ten days after such seizure. The person applying for such warrant, after giving the necessary un- dertaking required by law, shall, within three days after the issuing thereof, cause a notice to be published once in each week for four suc- cessive weeks in some newspaper published in the county in which iucli vessel may Ihen be, or, if no newspaper be so published in such LIEN LAWS, 46 county, then in the nearest county in which a newspaper shall be so published, setting forth that such warrant has been issued, the amount of the claim specified therein, and that such vessel will be sold for the payment of the claims against her, unless the master, owner, or consignee thereof, or some person interested therein, appear and discharge such warrant according to law, within thirty days from the first publication of such notice. On Buildings. Any person furnishing labor or materials for con- structing, altering, or repairing any building, shall have a lien there- for to the value of the sum agreed to upon the same, to the extent of the right, title, and interest in, of, and to the same, by the party cub ploy ing him ; provided the person furnishing such labor or ma- terials shall, within thirty days tifter the performance and comple- tion of such labor, or the final furnishing of such materials, cause to be drawn up and deposit in the hands of the county clerk of the town where the property is located, specifications of the work con- tracted to be performed, or materials to be furnished, and stating the price or prices' a greed to be paid therefor, the name of the owner of the building, and the situation of the building by street and number, if the street be known. This lien shall take effect from the time of depositing the same in the office of the county clerk, and shall continue in force for tho term of twelve months. Any contractor, sub-contractor, or laborer performing any work, >r assignee thereof, and any resident of said county furnishing any materials as above provided, may, after such labor has been per- formed, or materials furnished, and the service of the notice required above, bring an action in the Superior Court in the county in which the property is situated, or in the county court of said county, when the amount exceeds fifty dollars, to enforce said lien, v hich said action shall be commenced by serving a notice containing a state- ment of the facts constituting the claim, and the amount thereof, on the owner of the property, or his agent, requiring the said owner to appear in person or by attorney within thirty days after such ser- vice, and answer the same, and serve a copy of such answer, together with a notice of any set-off that he may have on the claimant or his attorney ; or in default thereof, that the claimant will take judgment against the said owner for the amount claimed to be due for the labor performed or the materials furnished, with interest thereon and costs ; and for the purpose of more effectually transacting tho business contemplated by this act, said Supreme Court and County Court shall be deemed to be always open. Within thirty days after the service of such notice and bill of par- ticulars, the defendant shall personally serve the claimant or his attorney with a copy of his answer and notice of set-off, if any he has, duly verified by the oath of the owner, his agent, or contractor, 346 LIEN LAWS. to the effect that the same is in all respects true, or his default may be entered and judgment taken and enforced. When the amount of the lien claimed is for one hundred dollars or under, the claimant may commence such action in a Justice's Court of the town in which the building is located, by serving a notice upon the owner or his agent any where within this State, requiring such owner to appear before a justice of the town in which the property is situated, which said notice shall contain a statement of the facts constituting the claim, and the amount thereof, and shall require such owner to appear before said justice in person or by attorney at a time certain, not less than thirty days after such ser- vice, and answer the same, or in default thereof, that the claimant will take judgment against such owner for the amount so claimed to be due, with interest thereon and costs. Any laborer performing such labor for a contractor may, within thirty days after such labor has been performed, and claiming to have a lien therefor, 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 in default of so doing, shall take the necessary proceedings against such contractor to procure a settlement of the amount due. Tho 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. In the City of New York, any person- or persons who shall hereafter, as contractor, laborer, workman, merchant, or trader, in pursuance of, or in conformity with, the terms of any con- tract with or employment by the owner, or by or in accordance with the directions of the owner or his agent, perform any labor or Burnish any materials towards the erection of, or in altering, improving or repairing of any building or buildings, or the appurtenances thereto, shall have a lien for the value of such labor and materials, or either, upon such house and the appurtenances and lot on which the same shall stand, to the full value of such claim or demand, and to the extent of the right, title, and interest then existing of the owner of said premises in favor of every person or persons who shall be employed by any owner, contractor, sub-contractor, jobber, or master work- man in manner aforesaid, and notwithstanding any sale, transfer or incumbrance made or incurred at any time after the com mencement of the work or furnishing materials ; provided that at any time before the whole work is completed, or within three months after the work is done or the materials furnished, for which a lien is sought, if the work is then finished or abancU oned, any claimant tile with the county clerk a notice, stating the residence of the claimant, verified by his oath or affirma- tion, stating the amount claimed, from whom, and to whom LIEW LAWS. 34 Y Aue, with a brief description of the premises, by street, number, or a diagram of boundary, or by a reference to maps open to the public, so as to furnish information to persons examining titles, and the supposed owner, although no error in the owner's name shall impair the validity of the lien. The clerk shall enter in a lien docket the name and residence of the claimant, the person against whom claimed, the amount, and the date of filing, the street and particular place where located, and he shall receive ten cents on filing the same. He shall also enter on this docket a notice that a suit is commenced thereon, upon a notice t of that fact and affidavit of service being filed with him, for which he shall receive five cents. The county clerk shall make searches for such liens on being furnished with a proper descrip- tion of any property and without reference to the individuals against whom the lien is filed, his fees to be five cents per year for the time embraced in said search. Any person or persons having filed a notice of lien, may, in ten days thereafter, institute a proceeding to enforce or foreclose the lien, and any owner or other person interested may also commence such proceedings, and every person or persons who have filed liens shall be parties to and have notice of the said proceedings, and before final judgment, shall be notified to appear and join in the said proceedings, such notice to be served at least five days before the entering of said judgment. Where the aggregate of liens shall be less than five hundred dollars the said proceedings may be had before any court in the said city, and where they exceed that sum, when the proceed- ings are commenced, the action shall be conducted in a court of record having equity jurisdiction, and none of the courts in the said city shall be deprived of jurisdiction by reason of the resi- dence of any parties elsewhere, and service of process in such actions may be by publication as to any of the parties not resid- ing in this State, or who may have removed therefrom. Liens shall in all cases cease after one year, unless by order of court the lien is continued and a new docket made stating such fact without a discharge of the lien. All former acts giving liens in the City of New YorJc to mechanics and others erecting buildings in the City of New York are repealed, except so far as may be necessary to carry into eifect liens acquired before this act takes effect, and any person or persons performing work or furnishing materials under any contract made prior to July first, eighteen hundred and sixty-three, may thereafter acquire a lien therefor pursuant to . the provisions of this act. No transfer or .assignment of his interest in the contract by the contractors shall be valid as against parties entitled to file liens under said contract against said contractor. 348 LIEN LAWS. For the purposes of this act, any person or persons who have sold or disposed of his or their lands upon an executory contract of purchase contingent upon the erection of buildings thereon shall be deemed the owner and his vendee the contrac- tor, and said owner shall in all respects be subject to the pro- visions of this act. This act shall take effect on the first day of July, eighteen hundred and sixty-three. In tlie counties of Kings and Queens. Any person who shall perform any labor or furnish materials in building, altering or repairing any house, building or other improvement upon lands or appurtenances to such house or building, by virtue of any contract with the owner thereof, or his agent, or with any contractor or sub-contractor, or any person permitted by the owner of such lands to build, repair, alter, or improve as aforesaid, within the counties of Kings or Queens, shall have a lien therefor to the value of the sum agreed to upon the same, to the extent of the right, title, and interest at that time existing, of such owner; provided that within three months after the performance of such labor, or the fur- nishing of such materials, the contractor, sub-contractor, laborer, person furnishing materials, or other claimant, shall serve a notice in writing upon the county clerk of the county or coun- ties aforesaid, in which the land and premises, or any portion thereof, may be situated, specifying 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 building by its street and number, if the number be known. The said county clerk shall enter the particulars of such notice in a book to be kept in his office, to be called " the lien docket." A fee of ten cents shall be paid to the county clerk on filing such lien. A copy of said notice shall be served on said owner by delivering the same personally, when possible, or if he be out of this State by delivering the same to his agent personally ; and after such service such owner shall not be protected in any payments made by him to such contractor or other claimant in this section specified. Every lien created under this act shall continue until the expiration of one year from the creation thereof, and until judgment rendered in any proceedings for the enforcement thereof. Any claimant, under or by virtue of any such lien or any such notice, may, after such labor has been performed or materials furnished, and after the filing of such notice, enforce or bring to U close such lien, by a civil action in a court of record in tha LIEN LAWS OF THE DIFFERENT STATES. 349 cifcy or county in which such lands or any portion of them may bo situated, a*, a certain date within thirty days of the service of such notice, and submit to a settlement in such court of the amount claimed to be due. When the action or proceedings are commenced by a person having a claim against a contractor, with the owner, or against a sub-contractor with the contractor or other sub-contractor, such contractor or sub-contractor may be made a defendant with such owner, and judgment may be rendered against the contractor or sub-contractor for the amount which shall be found owing by him, in addition to the judgment herein before provided for against such owner, and the court may award costs against such of the parties as shall be just. The lien laws passed in eighteen hundred and fifty-three and eighteen hundred and fifty-eight are now repealed. NEW JERSEY. Any person furnishing Nbor or materials for constructing, altering or repairing any building, has a lien there- for upon the same. To render this lien valid, such person must draw up specifications of the work contracted to be performed or materials to be furnished, and stating the price or prices agreed to be paid therefor, and file them, or, if there be a writ- ten contract, a true copy thereof, in the office of the County Clerk, and serve a notice thereof personally on such owner or his agent within fifteen days after making such contract, or after furnishing such labor or materials. The lien takes effect from the time of filing such specification and the service of the notice, and remains in force for two months after the completion of the building ; previous to the expiration of which term the lien- holder must commence legal proceedings against the owner of the property to enforce payment of the claim. The lien holds the building and the lot on which the same may stand. All fixtures for manufacturing purposes, shall be construed to include any building, erection or construction of whatever de- scription attached or annexed, or intended to be attached or annexed to any land or tenement, and designed to be used in the building or repairing of vessels, whether the same be per- manently attached to the freehold, or so built as to be removed from place to place, and only temporarily attached to the land, and whether the same be intended, and designed for use on land or water. When a contractor refuses to pay any workman employed by him to perform labor on such building, or on the grounds con- nected therewith, such workman may give a written notice of such refusal to the owner of the property, together with a state- ment of the amount due and demanded ; on receipt of which no bice the bwnef is authorized to pay the amount to the work- *50 LIE5T LAWS OP THE DIFFERENT STATES, man, When a number of "workmcr thus present their claims to the owner, the aggregate of such claims must not exceed the amount of the contract. In case the owner should refuse to pay their claims, then the building may be sold for the same ; but if the building should not sell for a sum sufficient to pay such claims, then the same shall be averaged, and each creditor be paid a sum proportional to hi? demand. Action preparatory to the sale must be instituted within one year from the time the work is done or the materials furnished. PENNSYLVANIA. Any person furnishing labor or materials for constructing, altering or repairing any building, has a lien there- for on the same, and also on the land for the purposes of the building. This lien takes precedence of all that may subse- quently attach. To enforce it, a statement of the claim and of the agreement on which it is founded must be filed in the office of the Prothonotary (Clerk) of the Court of Common Pleas, in the county where the property is situate. If this statement be not so. filed, the lien will continue only six months. If it be filed, the lien will remain in force five years from the date of such filing, when it may be renewed by giving the owner notice of the lien-holder's intention to make an application to that effect. All ships, steamboats or vessels navigating the rivers Alleg- iiany, Monongahela or Ohio, in this State, shall be liable and subject to a lien in the following cases : For all the wages due to hands or persons employed on board such ships, steam or other boats or vessels, for work done, or for services rendered on board or for the same. Second. For all debts contracted for materials furnished, or work or labor done. Third. For all bills, bonds, notes, or any other obligation of indebtedness, whether the same be signed and given on account of work or labor done, or materials furnished in the building, repairing, fittting, furnishing, equipping or insuring, or for sums due for wharfage or anchorage, such ships, steam or other boats or vessels as hereinbefore specified or enumerated : Provided, 1 hat the lien of the same shall continue in favor and to the benefit of all and every party or parties whomsoever, into whose hands the same may have passed by transfer, assignment or otherwise. No more than three months' wages can be recovered in any *uit upon a lien in the first class above specified, and the suit LIE3T LAWS OF THE DIFFERENT STATES. 351 must be commenced within sixty days after three months' wages Bhall have become due. All suits upon liens in any other than the first class above enumerated, must be commenced within two years after the said materials are furnished, or work or labor done. DELAWARE. Any person furnishing labor or materials for con- structing, altering or repairing any building, has a lien thereon to the agreed-upon amount of his claim. This lien takes precedence of all subsequent attachments. To enforce it, the lien-holder must notify the owner thereof of the sum claimed by him to be due, and also of his intention to claim the benefit of such lien. The owner is authorized, on proof of the correctness of the ciaim, to pay the amount, and to deduct the same from what is due by him to the contractor. MARYLAND. Any person furnishing labor or materials for con- structing, altering or repairing a building, has a lien therefor upon the same, and also takes the land necessarily connected therewith. This lien takes precedence of all others that may subsequently at- tach. It may be enforced by serving, or causing to be served on the owner of the property or his legal representative, within thirty days after the performance of such labor or furnishing such mate- rials, a specification of the work done or the materials furnished, and stating the price or prices agreed to be paid therefor, together with a notice of his intention to claim the benefit of such lien. If a copy of this statement be filed in the Clerk's office of the county, the lien takes effect from the time of such filing, and remains in force the term of six months, when it expires, unless legal action is previously instituted to secure the collection of the debt. [C^ 3 This law applies only to Baltimore and a few other coun- ties. Lien laws have been enacted for the other counties, but- they are changed so frequently, that to insert any or all of them would be useless, and most probably prove a source of loss to those who should place any reliance upon them in case of actions.] VIRGINIA. Any person furnishing labor or materials for the con- struction of a building has a lien therefor, both on building and the land connected therewith. This lien is lost at the expiration of six months, if the lien-holder fails to commence an action for the amount of the claim previous to the end of such term. If the necessary action be commenced, and the lien be established, the ccurt is authorized to order a sale of the owner's interest in the house and land to satisfy the claim of the contractor. NORTH CAROLINA. Any person constructing, altering or repair- ing any building under a written contract, signed in the presence of two attesting witnesses, shall, upon filing such contract in a 352 LIEU LAWS OP T1JE DIFFERENT STATES. eoort of record, have a legal lien upon such Luilding for the term of three years after the term of such idling. But such lien will not impair or take precedence of any prior lien, nor remain in force longer than the time specified, unless process shall be pro- viously taken to enforce payment of the debt. SOUTH CAROLINA. Any person constructing, altering, repairing or furnishing materials for any building, shall have a lien therefor on the same. But an agreement, specifying the particulars of the work to bo done or the materials to be furnished, and a general description of the premises, and signed by the parties to the con- tract and the owner of the property, in the presence of one or more attesting witnesses, must be filed in the office of the Register of mesne conveyances for the district in which the property is situate. The lien is in force for the term of three years from the filing of such statement. GEORGIA. All persons furnishing wood, provisions, labor or materials for the construction of vessels of any kind, shall have a lien therefor on the same, if they institute legal proceedings for the collection of their claims any time within twelve months after their claims are due Any person constructing, altering, or repairing any building, shall have a lien therefor on the same, if he, any time within three months of the completion of the building, shall file a bill of particulars of his claim in the Clerk's office of the county where the property is situate. To enforce his lien, he must institute a uit against the owner of the property for the amount of his claim, within twelve months from the time the debt is due. Any machinist who may furnish or put up, in any county in this State, any steam mill or other machinery, or who may repair the same, shall be entitled to the same lien on such machinery and th premises, to which the same may be attached, and may enforce such lien in the same manner, and with like benefits, privileges and re- strictions, as is extended to masons and carpenters. TEXAS. Any person furnishing labor or materials for construct- ing, altering, or repairing of any building, shall have a lien there- for, of the nature of a mortgage, on the same, and also on the land on which the building shall stand, until the amount due for such services or materials shall be fully paid. The contract for such labor or materials, or a true copy thereof, must be recorded in tho Clerk's office of the county where the property is situate, within thirty days after such contract is made. Any person performing labor on such building, or the grounds necessarily connected therewith, for a delinquent contractor, may present an attested statement of the value of such labor to tho owner of the property, who is authorized by statute to pay th EEEN LAWS OF TUB DfB^FKRimT STATES, 855 amount, and to deduct the same from what may bo due the con- tractor. [Incorporated cities are exempt from the operation of this law.] FLORIDA. Any person furnishing labor or materials for con- structing, altering, or repairing a building, shall have a lion upon the same until the amount agreed upon by the paities is fully paid. To enforce the claim, it is necessary to file in tne Clerk's office of the Circuit Court of the county in which the property is situate, and within six months after the work has been performed, or the materials furnished, a true account of what is due him after all credits, and verify it by his own oath, or that of some other per. son, and also record at the same time a correct description of the property charged with such lien. The necessary lana connected with the building shall also be subject to' said lien. Laborers also have each a lien upon such building and land, to the agreed-upon amount of their respective demands. All persons furnishing materials for constructing, or stores for provisioning, or performing labor or service of any kind upon any kind of vessel, shall have a lien therefor on the same ; which lien shall take precedence of all others, provided suit is brought to enforce the same within twenty days from the time when such lien accrued. ALABAMA. Any person who shall furnish labor* materials, or stores for any vessel, by order of the master or captain of the same, shall have a lien on such vessel for the same. To enforco this lien, the party must institute an action against the vessel for the amount of his claim, within thirty days from the time when the lien accrued. Any person contracting to put up any building, shall have a lien upon such building, and on the land connected therewith, until the amount specified in the contract ia fully paid. To enforce such lien, the contract, or an attested copy thereof, must be recorded in the office of the Clerk of the County Court, within thirty daya after the completion of the building. MISSISSIPPI. Any person furnishing labor or materials for con- sructing, altering, or repairing any building, on written contract; shall have a lien therefor upon the same. To enforce such lien, he must have the contract, oj a true copy thereof, recorded in the Clerk's office of the Court of Probates of the county. Where there is no written contract, and the claim is held for labor per- formed, or materials furnished by order of the contractor, then the party so laboring on such building, or furnishing materials for the earne, shall, within thirty days after commencing such labor, or furnishing such materials, se'rve on the owner of the property a statement or bill of particulars of his claim. To enforco tae lica, 354 MKS LAWS OP THE DIFFERENT STATES. an action for the recovery of the claim must be instituted within BIX months from the time the lien accrues. LOUISIANA. Any person laboring, furnishing labor, or supply* ing materials for constructing, altering, or repairing any building, has a lien therefor on the same. If the claim is over five hundred dollars, and founded on a written contract, the latter, or an at- tested copy thereof, must'be filed in-the Clerk's office of the parish (county) where the property is situate, within thirty days after the date of such contract. If the claim be less than five hundred dollars, and is not founded on labor done, or materials furnished, on a written contract, the lien is equally good, but only for six months, when it becomes lost unless the holder shall have previ- ously commenced an action for the recovery of his claim. If } however, the order for the labor or materials is from the contractor, and he the contractor shall have been paid by the owner ac- cording to contract, then no action for the recovery of the debt can be instituted against the owner, who has already paid. But if the owner shall not have paid the contractor, then the mon- eys due the contractor may be seized for the benefit of the lien- holders. Workmen on any vessel have a lien for all moneys due them for labor on the same, whether the order for such labor is in writing or not; but such lien is lost if they allow the vessel to leave port without enforcing the lien by an action. All claims and con tracts for labor or materials furnished must, to enforce a lien, be Sled in the office of the Recorder of Mortaes. ARKANSAS. Any person laboring, or furnishing labor or mate- rials for constructing, altering, or repairing any building, to the amount of one hundred dollars, has a lien therefor upon the same. To legalize the lien, the lien-holder must file with the Clerk of tho Circuit Court of the county where the property ia situate, a cor- rect, attested account of his claim, within three months after the labor performed and tho materials furnished. The lien extends both to the building and the land connected therewith, provided such land does not exceed two acres, Tho lien will continue in force only one year after the completion of the building, unless an action be instituted to enforce it. TENNESSEE. Any person laboring, or furnishing labor or mate- rials for constructing, altering, or repairing any building, or any machinist who may furnish or repair machinery, shall have a lien therefor upon the same, for the term of one year after the per formance or furnishing of such labor or materials, and till the decision of any suit that may be instituted within that term, on account of such lien. To legalize such lien, however, a written notice of tho lien-holder's claim, duly verified, mus* irst b girea MEN LAWS OF THE DIFFEKEHT STATES* 355 to the owner of the property, or his legal representative, at the time the work is begun, or the materials furnished. Any person laboring on, or furnishing materials for constructing, altering, fitting, or repairing, or stores for provisioning, any ves- sel shall have a lien therefor on the same. But to legalize such Ben, the lien-holder must institute an action for the amount of his claim within three months from the time when the services are rendered, the materials furnished, or the stores supplied. KENTUCKY. The lien enactments of this State, like those of Maryland, are varied and incomplete, and permanent only in cer- tain localities and counties. In the towns of Bowling-Green, Brandenburgh, Covington, Frankfort, Hickman, Lexington, Louis- ville, Maysville, Newport, Owensboro', Paducah, Russellville. and Smithland, and the counties of Galloway, Jefferson, and Marshall, any person laboring, or furnishing materials for constructing, alter- ing, or repairing any building, has a lien therefor upon the same, and on the land necessarily connected therewith. 16 render the lien binding, however, he must file the particulars and amount of his claim, and also an intelligible description of the property, and its location, in the Clerk's office of the county where the same is situate, within six months from the time when such labor is per- formed or furnished, or such materials furnished. In Paducah, and some other of the above-named towns, the lien may be en- forced by instituting a suit for the amount of the claim, any time within twelve months. OHIO. Any person laboring on, or furnishing labor or materials for constructing, altering, or repairing any building, shall have a lien therefor on the same, and on the land necessarily connected therewith. To bind the lien, he, within four months from the per- formance of such labor, or delivery of such materials, must de- liver to the own-er of the building an attested statement of the particulars of the claim remaining unpaid ; whereuppa, if the ac- count be that of a mechanic or laborer, the owner is authorized to pay the amount, and to deduct the same from what may be owing by him to the contractor. Should the owner fail or refuse to pay the account, or should the statement be that of a contractor or sub-contractor, the correctness of the claim, and the fact of the refusal or failure of the owner to pay it, must be sworn to before a magistrate, and the account and affidavits then filed in the office of the Recorder of the county, when the lien shall remain upon the said building and land for the term of two years from the com- mencement of such labor, or the furnishing of mich lab'>r or mate- rials. Any suit brought within said two year? will continue saiJ liec till the rendering of judgment. 566 ^IEN LAWS OP THE DIFFEEENT STATES All steamboats and other water crafts, of twenty tons burden and upwards, navigating the waters within or bordering upon this State, shall be liable, and such liability shall be a lien there- on, for all debts contracted on account thereof, by the master, owner, steward, consignee or other agent, for materials, supplies, or labor in the building, repairing, furnishing or equipping the same, or for insurance, or due for wharfage, and also for dama- ges arising out of any contract for the transportation of goods or persons, or for injuries done to persons or property by such craft, or for any damages or injury done by the captain, mate, or other officers thereof, or by any person under the order or sanc- tion of either of them to any person who may be a passenger or hand on such steamboat or other water craft at the time of the infliction of such damage or injury. MICHIGAN. Any person furnishing labor or materials for con- structing, altering, or repairing any building, shall have a lien therefor on the same when such la'bor is done, or the materials furnished, under a written contract, signed by the owner or his agent, and the contract recorded in the Clerk's office of the county where the property is situate. The lien ceases at the expiration of six months, unless a suit shall previously be com- menced to enforce it. INDIANA. Any person laboring, or furnishing labor or mate- rials for constructing, altering, or repairing any building, shall have a lien therefor upon the same. Any sub-contractor or laborer may notify the owner of the property of their claim, whereupon the owner shall become liable for the same, provided he, at the time of receiving such notice, shall be indebted to the contractor to that amount ; if not, then to the amount to which he is indebted to the contractor. After the service of such notice upon the owner, and sixty days subsequent to the completion of the building, alteration, or repairs, or the furnish- ing of the supplies, the lien-holder must file a notice of his in- tention to claim the benefit of the lien on said property, together with a bill of particulars of the debt, in the Recorder's office of the county in which the property lies. Any person laboring on, or furnishing labor or materials for constructing, altering, or repairing, or stores for provisioning, or wood or coal for fuel, for any vessel, shall have a lien therefor, on the same ; and such lien shall take precedence of all subse- quent claims whatsoever, except mariners' wages. ILLINOIS. Any person laboring on, or furnishing labor or materials fo* constructing, repairing, or altering any LIEN LAWS OE THE DIFFEEENT STATES. 85*7 shall have a lien therefor Dn the same, and on the lot or tract of land on which the building shall stand. To bind such lien, a suit must be instituted within six months from the date when the last payment is due. Landlords have a lien also on all crops of a tenant, whether such crops be already grown, or in course of growth, for unpaid rent. MISSOURI. Sec. 1. Every mechanic or other person who shall do or perform any work or labor upon, or furnish any materials, fixtures, engine, boiler or machinery for any building, erection or improvements upon land, or for repairing the same, under or by virtue of any contract with the owner or proprietor thereof or his agent, trustee, contractor or sub-contractor, upon complying with the provisions of this chapter, shall have, for his work or labor done, or materials, fixtures, engine, boiler or machinery furnished, a lien upon such building, erection or improvements, and upon the land belonging to such owner or proprietor on which the same are situated, to the extent of one acre ; or, if such building, erection or improvement be upon any lot of land in any town, city or village, then such lien shall be upon such building, erection or improvements, and the lot or land upon which the same are situated, to secure the payment for such work or labor done, or materials, fixtures, engine, boiler or machinery furnished, as aforesaid. Sec. 2. The entire land, to the extent aforesaid, upon which any such building, erection or other improvement is situated, including as well that part of said land which is not covered wi th such building, erection or other improvement, as that part thereof which is covered with the same, shall be subject to all liens created by this chapter, to the extent, and only to the extent of all the right, title and interest owned therein by the owner or proprietor of such building, erection or other improvement, for whose immediate use or benefit the labor was done or things were furnished. Sec. 3. The lien for the things aforesaid, or work, shall attach to the buildings, erections or improvements for which they fur- nished or the work was done, in preference to any prior lien, or mcumbrance, or mortgage, upon the land upon which such buildings, erections, improvements or machinery have been erected or put ; and any person enforcing such lien may have such building, erection or improvement sold under execution and the purchaser may remove the same within a reasonable time thereafter. Sec. 4. Every building or other improvement erected, or mate- rials furnished, according to the provisions of this chapter, on leased lots or lands, shall be held for the debt contracted for or on account of the same, and also the leasehold term for such let and land on which the same is erected; and, in case the- lessee 358 LIEN LAWS OP THE DIFFERENT STATES. shall have forfeited his lease, the purchaser of the building and leasehold term, or so much thereof as remains unexpired, under the provisions of this chapter, shall be held to be the assignee of such leasehold term, and as such shall be entitled to pay up to the lessor all arrears of rent or other money, interest and costs due under said lease, unless the lessor shall have regained possession of the leasehold land, or obtained judgment for the possession thereof, on account of the non-compliance by the lessee with the terms of the lease, prior to the commencement of the improve- ments therein ; in which case the purchaser of the improvements, under this chapter, shall have the right only to remove the im- provements, within sixty days after he shall purchase the same, and the owner of the ground shall receive the rent due him, payable out of the proceeds of the sale, according to the terms of the lease, down to the time of removing the building. Sec. 5. And it shall be the duty of every original contractor, within six months, and every journeyman and day-laborer, within thirty days, and of every other person seeking to obtain the bensfit of the provisions of this chapter, within four months after the indebtedness shall have accrued, to tile with the clerk of the circuit court of the proper county a just and true account of the demand due him or them, after all just credits have been given, which is to be a lien upon such building or other improve- ments, and a true description of the property, or so near as to identity the same, upon which the lien is intended to apply, with the name of the owner or contractor, or both, if known to the person filing the lien, which shall in all cases be verified by the oath of himself, or some credible person for him. Sec. 6. It it shall be the duty of the clerk of the circuit court to indorse upon every account the date of its filing, and make an abstract thereof in a book by him to be kept for that purpose, and properly indorsed and indexed, containing the date of its filing, the name of the person seeking to enforce the lien, the amount claimed, the name of the person against whose property the lien is filed, and a description of the property charged with the same, for all of which the clerk shall receive, as full compen- sation, the sum of one dollar from the person filing the account or sacking to enforce the lien, which shall be taxed and collected as other costs, in case there should be an action brought thereon. Sec. 7. The lien for work and materials, as aforesaid, shall be preferred to all other incumbrances which may be attached, to or upon such buildings, bridges or other improvements, or the ground, or either of them, subsequent to the commencement of euch buildings or improvements. IOWA. Any person furnishing labor or materials for construct ing, altering, or repairing any building, by agreement with the LIEN LAWS OF THE DIFFERENT STATES. 359 owner thereof, or with the lessee of the land with the owner's knowledge and consent, shall have a lien therefor upon the same, and also upon so much of the land necessarily connected there- with as cannot be sold so as to avoid such lien. Suit must be instituted for the amount of the lien within twelve months from the time of payment specified in the contract. If the suit be brought in the District Court, it must be by bill or petition, des- cribing the nature and particulars of the contract, and the char- acter and location of the property. The execution in a suit of this kind must levy only upon the property specified, as no other property of defendant is liable for the payment of such judg- ment. By a law of the State, miners have a lien upon a suffi- cient quantity of mineral to pay any just demand for labor per- formed upon it. WISCONSIN. Any person laboring on, or furnishing materials for constructing, repairing, or altering any building, or upon all machinery put up or repaired, shall have a lien upon the same, and also upon the land attached thereto, for the term of twelve months, provided such land shall not exceed forty acres, or if within the limits of any city, town, or village plot, one acre ; and such lien shall have precedence of all other liens subsequent to the construction, alteration, or repairing of such building. Sub- contractors are required to notify the owner within thirty days after performing such labor or furnishing such materials to said owner, or their lien upon the same will be lost. Any person or persons who shall furnish, at the request of the owner thereof, materials, or do any work, in filling up any water lot, or in erecting or constructing any wharf or other permanent fixture thereon, or in dredging out the channel in front of such lots, under contract with the owner thereof, shall be entitled to enforce a lien therefor. Any mechanic or artisan who shall make, alter, or repair any article of personal property at the request of the owner, shall have a lien thereon for his just and reasonable charges for his work done and materials furnished, and he may retain the same in his possession until such charges shall be paid ; and if not paid at the end of six months after the work, is done, he may proceed to sell the property at public auction, by giving three weeks' public notice of such sale in some newspaper published in the county in which the work may be done ; and the proceeds of said sale shall be applied first to the discharge of such lien and the expenses of selling such property, and the remainder, if any, shall be paid over to the owner thereof. CALIFORNIA. Any person performing or furnishing labor 01 materials for constructing, altering, or repairing any wharf oj building, shall haye a lien therefor upon the same, Sub-contrac* 860 LIKE* IAWS OP THE DIFFERENT STATES, tors, mechanics, and laborers must notify ihe owner or owners in writing of the particulars of their claims, and that they hold said owne- or owners liable for the same ; and the owner or ownera are made responsible for such claims, provided said owner or owners are indebted to the employer to the stated amount ; if not, then to the amount to which said owner or owners shall be in- debted to the employer at the time of service of such notice. When this notice shall have been served, the sub-contractor, me chanic, or laborer shall present to his employer a copy of such notice for his endorsement. If the employer endorse, then the owner or owners shall j)ay the same, if the latter stand indebted to him to that amount ; if not, then to the amount due to said em- .ployer at the time the notice was served. If the owner or owners tail to pay, the -sub-contractor, mechanic, or laborer may, within thirty days after the service of the notice, commence a suit to en- force his lien. Should the employer refuse to endorse the claim, the sub-contractor, mechanic, or laborer shall lose his lien, unless he shall, within thirty days after the service of the notice, com- mence an action against the employer to establish the claim. If he obtain judgment against his employer, he shall lose his lien for the amount thereof unless, within thirty days thereafter, he shall commence an action against the owner or owners for the amount of the judgment, if such amount be then due from the owner or owners to the employer ; if not, then he shall file a notice of said claim and judgment in the Recorder's office of the county in which the property is situate, and shall commence his action against the owner or owners within thirty days after the money is due from the owner or owners to the employer. The owner or owners may set-off the amount of the judgment in any action brought against said, owner or owners by the contractor or person otherwise en- titled to recover the same under the contract. The land set ou^ at the time of the contract, for the use of the building, shall also be subject to the lien. Any mechanic who shall make, alter, or repair any article of personal property, at the request of the owner or owners thereof, shall have a lien therefor upon the same, and may retain posses- sion of the same till the price agreed upon for making, altering, or repairing such article shall be paid ; and if not paid within two months, he may sell the same at public auction, after giving three weeks' notice by advertisement in some newspaper published in the county ; if there be no newspaper, then by posting up notices of such sale in three of the most public places in the town where the article was made, altered, or repaired. The proceeds of such fsale shall go, first, to the discharge of such lien, and the costs of keeping the same ; and, secondly, the remainder, if any, shall ba paid oy<jr fco the owner or owners thereof* HEN LAWS OP THE DIFFERENT STATES, otfl CALIFORNIA. To secure a lien for any sum over $200, there must be a contract or memorandum in writing signed by the party sought to be charged. If by the contract between owner and principal, mechanic or contractor, payments are to be made in instalments, or at specified times, or when all work is done, the party seeking to secure his iien must notify the owner of his claim prior to the time when such payment would be due. MINNESOTA. Any person laboring on, or ^ furnish ing' labor or materials for constructing, altering, or repairing, any dwelling- house or other building, snail have a lien upon the same, and also upon the land attached thereto, for the term of twelve ^months, provided such land shall not exceed forty acres ; or if within the limits of any city, town, or village plot, one acre ; and such lien shall have precedence of all other liens subsequent to the con- struction, alteration or repairing of such building. Tlu-dehtf}* services or materials, as aforesaid, shall not remain a lien on such land or building, for a longer period than sixty days after the per son performing such services, or furnishing such materials, has ceased so to do, unless he shall lodge with the Register of Deeds of the county in which said building is situated, a certificate^ in writing, describing the premises, the amount claimed as a Hen thereon, and the date of the commencement of the claim, which certificate shall be recorded by the Register of Deeds. Nor^ shall the debt for services or material, as aforesaid, remain a lien on such land or building, for a longer period than one year after such certificate in writing has been so lodged with the Register of Deeds, unless an action for the recovery thereof be instituted within the said year. The plaintiff may, at any time after filing his certificate as above provided, serve a summons and notice on the defendant, and proceed to judgment as in other actions, but the lien hereby created shall cease to exist after the expiration of one year from the time the labor was performed, or the materials fur- nished, unless a summons be issued and served within that time. OREGON. Any person who shall, by virtue of any contract with the owner of any building, or with the agent of such owner, per- form any labor upon, or furnish any materials, engine, or machine- ry for the construction or repairing of such building, shall, upon filing a notice in the Recorder's office of the county in which such building is situated, at any time within three months after the completion of such building or repairs, stating his intention to hold a lien upon such building for the amount due, or to become due, specifically setting forth such amount, and containing a description of the building upon which the labor was performed, or for which the materials, engine, and machinery were furnished, euch lien shall cease to exist at the expiration of one year after fehe completion of the building or repairs, unless before that tiaaa 562 HEN LAWS OF THE DIFFERENT STATES* an action to enforce the same shall have been commenced in the district court of the county in which the premises are situated, by the person having such lien, against the owner with whom, OP with whose agent, the contract was made, unless such claim bo not due at the expiration of one year after such completion, in which case the action shall be commenced within three months after the same shall have become due. Such lien against any building shall also extend to the lot of ground upon which such building is erected, not exceeding one half of an acre in extent, if the land shall have been, at the time of erecting such building, the property of the person who shall have caused the same to be erected. Every boat or vessel used in navigating the waters of this State and Territory, shall be liable and subject to a lien for wages duo to persons employed, for work done or services rendered an board of such boat or vessel ; for all debts contracted by the master owner, agent, or consignee thereof, on account of labor done, or materials furnished by mechanics, tradesmen or others, in tho building, repairing, fitting out, furnishing, or equipping such boat or vessel, or on account of stores and supplies furnished for the use thereof; for all sums due for wharfage, anchorage, or towago of such boats or vessels; and such lien shall have precedence of all other liens and claims against such boat or vessel ; all actions against a boat or* vessel, shall be commenced within one year after the cause of action shall have accrued. DISTRICT OF COLUMBIA. There is a conditional lien law on buildings in the city of Washington which enacts, that for all sums due and owing on written contracts, for the building of any house in the said city, or the brick work, or carpenter or joiners' work thereon, the undertaker or workmen employed by the person for whose use the house shall be built, shall have a lien on the house and the ground on which the same is erected, as well as for the materials found by him : provided the said written contract shall have been acknowledged before one of the Commissioners, a Jus- tic of the Peace, or an alderman of the Corporation of George- town, and recorded in the office of the clerk for recording deeds, within six calendar months from the time of acknowledgment as aforesaid; and if within two years after the last of the work is done, he proceeds in equity, he shall have remedy as upon a mort- gage, or if he proceeds at law within the same time he may have execution against the house and land, in whose hands soever the same may be ; but this remedy shall be considered as additional only ; nor shall, as to the land, take place of any legal incumbrancc made prior to the commencement of such claim. NEBRASKA. Any person who shall perform any labor, or furnish oy material or machinery, for the erecticnj reparation, or re LIES' LA.WS OF THE DUPFEBEICT STATES* 80S moval of any bouse, mill, manufa'Dry, or other building, or ap- purtenance, by virtue of a contract- or agreement, expressed or im- plied, with the owner thereof or his agent, shall have a lien to secure the payment of the same, upon such house, mill, manufac- tory, or other buildings or appurtenance, and the lot of land on which the same shall stand. Any person or persons entitled to a lien under this act shall make an account in writing of the items of labor, skill, machinery and. material furnished, or either of them, as the case may be, and after making oath thereto shall, within four months from the time of performing such labor and skill, or furnishing such machinery and material, file the same in the Recorder's office of the county in which such labor, skill and materials shall have been furnished, and when thus recorded, it shall, for two years after the comple- tion of such labor, or the furnishing of such materials, operate aa a lien on the several descriptions of structures and buildings, and the lots on which they stand. WASHINGTON. All mechanics, and all persons performing labor, or furnishing materials for the construction or repair of any building, may have a lien, separately or jointly, upon the building which they may have constructed or repaired, or upon any building, mill, 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, when the amount shall exceed fifty dollars; such lien shall be filed in the Recorder's office of the county in which such building is situated, at any time within sixty days after the com- pletion of such building or repairs ; and such lien may remain in force, by filing a complaint in the District Court of the county, at any time within one year from the completion of the work, or furnishing materials ; or, if a credit be given, from the expira- tion of the credit. NEVADA. Buildings. All artisans, builders, mechanics, lum- ber merchants, and all other persons performing labor, or fur- nishing materials, to the amount of twenty-five dollars and upwards, for the construction or repairing of any building or superstructure, shall have a lien therefor upon the same, and also upon the land attached thereto ; provided the person furnishing such labor or materials shall, within sixty days after the comple- tion of such building, file in *he County Clerk's Office of the county in which such building is situated, a just and true account of the demands due to him after deducting all proper credits and offsets, and shall verify such account by his own oath, or the oath of sonic other person, and shall also file at the same time a 884 MEW LAWS OF THB DIFFER EOT STATED correct description of the property to bo charged with said lien. If such lien is claimed by a sub-contractor performing labor or furnishing materials, the "account aforesaid shall be filed within thirty days after the work was done, or the materials were fur- nished by him, and within five days after the filing of said ac- count as aforesaid, he shall serve a copy thereof on the owner of such building or superstructure,. or the agent of such owner, if the latter reside out of the county in which the building is situ ated, by delivering the same to him personally, or by leaving it at his usual place of residence. If such owner do not reside within the county, and have no agent therein, service of the copy aforesaid may be made by posting the same in a conspicuous Slace on the building or superstructure to be charged with such en. Every sub-contractor, journeyman, laborer, or other person per- forming labor, or furnishing materials, shall have a valid lien upon the building or superstructure on which such labor was performed, and for which such materials were 'furnished, regard- less of the claims of the contractor against the owner of such building ; but if any money be due, or is to become due, under the contract from said owner to said contractor, on being served with a notice by a sub-contractor, as provided in the last pre- ceding section, said owner may withhold out of the first money due, or to become due under the contract, a sufficient sum to cover the lien claimed by such sub-contractor, journeyman or laborer, until the validity thereof shall have been established by proper legal proceedings, if the same be contested. No such lien shall bind any building or superstructure for a longer period than six months after filing the same, unless a suit be brought in a proper court within that time to enforce the same, or, if a credit be given, then within six months after the expiration of the credit ; but no lien shall be continued in force for a longer time than two years from the time the work is com- pleted, of the materials furnished, by any agreement to give credit. Said liens may bo enforced by a suit in any court of competent jurisdiction, on setting forth in the complaint the particulars of such demand, with a description of the premises sought to be charged with said lien; and at the time of filing the complaint and issuing summons, the plaintiff shall cause a notice to b3 pub- lished, at least once a week for three consecutive weeks, in some newspaper published in the county, if there be one, and if not, then in such mode as the court shall direct, notifying all persona holding or claiming liens under the provisions of this act, on Baid premises, to be and appear in said court on a day specified therein, and during the regular term of such court, and to ex- Uihit, then and there, the proof of said liens. On ascei'tainiag LIE!* LATVS OF THE DIFFERENT STATES. 0&> tlie whole amount of said liens with which the said premises are justly chargeable, as hereinbefore provided, the oourt shall cause said premises to be sold in satisfaction of said liens and costs of suit, and any party in whose favor such judgments may be rendered, may cause the premises to be sold within the time, and in the manner provided for sales on execution at law, and if the proceeds of such sale shall not be sufficient to satisfy the whole of such liens, established as aforesaid, then the same shall bs apportioned according to the rights of the several parties. Nothing herein contained shall be construed to take away, or affect in any manner, any action which any such contractor, laborer, sub-contractor, or other person performing labor or fur- nishing materials for such building or superstructure, would otherwise have against his employer. DAKOTA Vessels. Every boat or vessel, used in navigating the waters of this territory, shall be liable for all debts contracted by the master, owner, agent, or consignee thereof, on account 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 ves- sel, or on account of labor done or material furnished by me- chanics, tradesmen, or others, in and for building, repairing, fitting out, furnishing, or equipping such boat or vessel ; for all sums due for wharfage or anchorage of such boat or vessel in this territory ; for all demands or damages accruing from the non-performance of any contract of affreightment, or any con- tract touching the transportation of persons or property, entered into by the master, owner, agent, or consignee of the boat or vessel, on which said contract is to be performed, and for all injuries done to persons or property by such boat or vessel. Any person having a demand as aforesaid, instead of proceed- ing for the recovery thereof against the master, owner, agent or consignee of a boat or vessel, may, at his option, institute suit against the boat or vessel by name. Any plaintiff wishing to institute suit against a boat or vessel, shall tile his complaint against such boat or vessel by name, with the Clerk of the District Court of the county in which such boat or vessel shall be or lie, and he shall set forth his demand in all its particulars, and on whose account the same accrued : it shall be verified by the plaintiff, or some credible person for him. Whenever any complaint, as aforesaid, shall be filed in the office of the Clerk of the District Court, it shall be his duty to issue a warrant returnable in twenty days, directing and author- izing the Sheriff to seize the boat or vessel mentioned in the complaint, and detain the same in his custody, together with its tackle, apparel, and furniture, until discharged from such cua- tody by due course of law. 8 66 LIHIT IAWS OF TB.J& DIFFERENT STATES. Buildings. Any person who has a subsisting cause of action to the amount of ten dollars and upwards for any labor per- formed upon any lands, tenements, or hereditaments, or for any materials furnished for any improvements upon any lands, or buildings, may, at any time within ninety days next after such cause of action shall have accrued, file his complaint as in other cases, and serve a notice upon the defendant ; and such complaint shall, in addition to the facts necessary to consti- tute a cause of action, contain an accurate description of the location of the lands and buildings upon which the labor was performed, or for the improvement of which the materials were furnished ; and shall also allege that the defendant therein named is the owner of, or has some interest in, such lands or buildings, and that such labor was performed, or such materials furnished, pursuant to an agreement, expressed or implied, between the plaintiff and defendant or his agent ; the said complaint shall, as soon as filed in the office of the Clerk of the District Court of the proper county, constitute and be a lien upon the property therein described, in favor of the plaintiff, to the extent of the defendant's title or interest therein. When the complaint does not allege that the labor was per- formed or the materials furnished, pursuant to an agreement with the defendant, but shall allege that the labor was per- formed or the materials furnished pursuant to an agreement with some contractor therein named, which contractor was employed by the defendant or his agent, and that the plaintiff was em- ployed by said contractor, and had served a notice in writing upon the defendant or his agent, to the effect that he, the plain- tiff, was, or had been, employed by the said contractor to per- form labor thereon, or to furnish materials for the improvement of such lands and buildings, and relied upon him, the defendant, or upon such lands and buildings for his pay, then the filing of such complaint shall constitute and be a lien in favor of the plaintiff, the same as provided in the preceding section, to the amount that the defendant was indebted to the said contractor, when the notice was served upon him or his agent, and to the amount in which the defendant became indebted to said con- tractor after the service of said notice, and before the expiration of the plaintiff's lien. The plaintiff may, at any time after filing his complaint as above provided, serve a notice on defendant, and proceed to judgment as in otjier actions ; but the lien hereby created shall cease to exist after ninety days from the time the labor was per formed, or the materials furnished, unless a notice be served with in that time. LIEN LAWS 02- THE DIFFERENT STATES. 367 COLORADO. Any person who lias a subsisting cause of action to the amount of tea dollars and upwards, for any labor performed upon any lands, tenements, or hereditaments, or for any materials furnished for any improvements upon any lands or buildings, may, at any time within one year next after such cause of action shall have accrued, file his complaint- as in other cases, and serve a notice upon the defendant ; and such complaint shall, in addition to the facts necessary to constitute a cause of action, contain an accurate description of the location of the lands and buildings upon which the labor was performed, or for the improvement of which the materials were furnished ; and shall also allege that the defendant therein named is the owner of, or has some interest in, such lauds or buildings, and that such labor was performed, or such materials furnished, pursuant to an agreement, expressed or implied, between the plaintiff and defendant or Ms agent ; the said complaint shall, as soon as filed in the office of the Clerk of the District Court of the proper county, constitute and be a lien upon the property therein described, in favor of the plaintiff, to the extent of the defendant's title or interest therein. "When the complaint does not allege that the labor was per- formed or the materials furnished, pursuant to an agreement with the defendant, but shall allege that the labor was per- formed or the materials furnished pursuant to an agreement with some contractor therein named, which contractor was employed by the defendant or his agent, and that the plaintiff was em- ployed by said contractor, and had served a notice in writing upon the defendant or his agent, to the effect that he, the plain- tiff, was, or had been employed by the said contractor, to per- form labor thereon, or to furnish materials for the improvement of such lands and buildings, and relied upon him, the defend- ant, or upon such lands and buildings for his pay, then the filing of surh complaint shall constitute and be a lien in favor of the plaintiff, the same as provided in the preceding section, to the amount that the defendant was indebted to said contractor when the notice was served upon him or his agent, and to the amount in which the defendant became indebted to said con- tractor after the service of said notice, and before the expira- tion of the plaintiff's lien. The plaintiff may, at any time after filing his complaint as above provided, serve a notice on defendant, and proceed to judgment as in other actions, but the lien hereby created shall cease to exist one year from the time the labor was performed or the materials furnished, unless a notice be served within that time,. KANSAS. Sec. 1. Any person who shall, under contract with the owner of any tract of land or lots, furnish materials or per- form labor for erecting, repairing or altering any building or the 368 LIEN LAWS OF THE DIFFERENT STATES. appurtenances of any building on such land, lot or lots, shall have a lien from the time of making such contract upon the whole tract of land, lot or lots, the building and appurtenances, m the manner herein provided, for the amount due to him for such labor or materials. 31 Sec. 2. The lien shall extend to all work done and materials furnished under the provisions of the contract, whether the kind or quality of the work, or materials, or amount to be paid be specified or not. Sec. 3. When any sum due by such contract shall remain un- paid after the same is payable, the creditor may, in a suit upon petition filed in the district court of the county in which the land, lot or lots lie, obtain an order for the sale thereof, and for apply- ing the proceeds of such sale to the discharge of his demands ; and the filing of the petition and precipe in the clerk's office shall be deemed the commencement of the suit. Sec. 4. The petition shall contain a statement of the cause of action, with a description of the premises subject to the lien; the summons shall be similar to and served as in other cases ; con- structive service may be had as provided by law in other cases. Sec. 5. Every person who has or claims any lien upon, or right or interest in or to siach building, appurtenances, land, lot or lots, or any part thereof, by virtue of this act or otherwise, may be a defendant in such suit, and have, his rights adjudicated therein, and may in his answer state such lien, right or interest, and his doing so shall be deemed the commencement of a suit. WESTERN VIRGINIA. 1. Every mechanic, builder, artisan, workman, laborer or other person who shall do or perform any work or labor upon, or furnish any material, machinery or fixtures for any building, erection or other improvement upon land, in eluding contractors, sub-contractors, material furnishers, mechan- ics and laborers engaged in the construction of any railroad 01 other work of internal improvement, or for the work of labor done on any steamboat or other water-craft, or materials furnished for the same, or for the repairing of _the same, under and by vir- tue ot any contract with the owner or proprietor thereof, his agent, trustee, contractor or sub-contractor, shall have a lien upon such building, erection or improvement, and upon the land be- longing to such owner or proprietor on which the same is situat ed, to secure che payment of such work or labor done, or materi- als, machinery or fixtures furnished. 2. Every sub-contractor wishing to avail himself of the benefits of this act shall give notice to the owner or proprietor, or his agent or trustee, before or at the time he furnishes any of the material aforesaid or performs any of the labor, of his intention 3. If the contractor shall, for any reason, fail or and sign such settlement in writing with the sub-c 1,1 KN LAWS OF THE DIFFERENT STATES. 369 to furmsh or perform the same, and the probable value thereof; and if afterwards the materials are furnished or labor done, the sub-contractor shall settle with the contractor therefor, and hav- ing made the settlement in writing, the same, signed by the con- tractor and certified by him to be just, shall be presented to the owner or proprietor, or liia agent or his trustees, and left with him ; and within thirty days from the time the materials shall have been furnished, or the labor performed, the sub contractoi . shall^file with the recorder of the county in which the building, erection, boat, water-craft or other improvement is situated, a copy of the settlement between him and the contractor, which shall be a lien on the building, erection, boat, water-craft or other improvement for which the materials were furnished or for which the labor wa3 performed ; and shall at the same time file a cor- rect description of the property to be charged with the lien, the correctness of which shall be verified by affidavit. refuse to make sub-contractor when the same is demanded, then the sub-contractor shall make a just and true statement of the work and labor done or materials fur- nished by him, giving all credits, which he shall present to the owner or proprietor, or his agent or trustee ; and shall also, within thirty days, file a copy of the same, verified by affidavit, with the Recorder of the county in which the building, erection, boat, >r other improvement may be situated, together with a correct description of the property to be charged with the lien. 4. The certificate of settlement made ns aforesaid, or the state- ment of the sub-contractor, shall be a justification to the employer m witholding froai the contractor the amount appearing thereby io be due to the sub-contractor until he is satisfied that the same lias been paid, and the employer shall become the surety of the contractor to the sub-contractor for the amount due for such work and labor or materials furnished, not, however, exceeding the value thereof, as notified under section second. 5. The notices mentioned shall be served as other notices aro directed to be served. 6. It shall be the duty of every person, except as has been pro- vided for sub-contractors, who wishes to avail himself of th provisions of this act, to file with the recorder of the county in which the building, erection or other improvement to be charged with lien is situated, and within ninety days after the materials aforesaid shall have been furnished, or the work and labor done or performed, a just and true account of the demand due or owing to him, after allowing all credits, and containing a correct description of the property to be charged with said lien, and tes- ti fieri bv rt-fnVlnvif.. 370 LIEN LAWS OF THE DIFFERENT STATES. 7. It shall be the duty of the recorder of the county to endorse upon every account the date of filing, and record the same in a book by him to be kept for that purpose, to be called the " Me- chanics 1 Lien Record," properly indexed ; and he shall state the time of the filing of the same, the description of the property to be charged by the said lien ; and shall, when duly required, enter satisfaction on the same, for which said recorder shall receive in each case the sum of one dollar, to be paid by the person impos- ing the lien, which shall be taxed and collected as other costs in cae there be a suit thereon. 8. Wherci there are several contractors under the same employ- er, for the building or erection or other improvement, or for work or labor, or for materials furnished for the same, the said several lienors shall have no priority of lien for such work and labor or materials furnished ; and if the said structure and the ground on which the same is situated be not sufficient to pay the expense? of the whole structure, the said laborers and material men shall be paid pro-rata. 9. The entire land upon which any such building, erection or other improvement is situated, including as well that part of said land which is not covered with such building, erection or im- provement, shall be subject to all liens created by this act, to the extent, and only to the extent, of all right, title and interest owned therein by the owner or proprietor of such building, erec- tion or other improvement, for whose immediate use or benefit such labor was done or materials were furnished ; and when the interest owned in said land by such owner or proprietor of such building is only leasehold interest, the forfeiture of such lease for the flon-payment of rent or for non-compliance with any other stipulations therein, shall not forfeit or impair such liens so far as it concerns the building, erection and improvement thereon, put by such owner or proprietor charged with such lien ; but such building, erection or improvement may be sold to satisfy such lien, and be moved within thirty days ufter such sale by the undertaker. 10. The lien for materials aforesaid, or work, shall attach to the building, erection or improvement for which they were fur- nished, or the work was done, in preference to any prior lien or incumbrance or mortgage or deed of trust upon the land upon which said building, erection or improvement has been erected or put ; and any person enforcing such lien may have such building, erection or improvement sold, and the purchaser may remove the Bame within a reasonable time thereafter. 11. Any person having a lien under or by virtue of this act, may file a bill in Chancery to enforce tlie same ; and any other PEDLER'S LICENSE TO SELL GOODS. 371 person having a lien thereon may file his petition in the said case and be made defendant therein *and make his claim in the same manner as though he had been plaintiff in the case, according to the practice in courts of Chanceiy. 12. In case of death of any of the parties, whether before or after suit, the personal representative of such deceased party shall be made the plaintiff or defendant, as the case may require. 13. All persons furnishing materials or doing work provided for -by this act shall be considered sub-coniractors, except such as have contracted therefor singly with the owner, proprietor, his agent or trustee. 14. Nothing herein contained shall be so construed as to give a sub-contractor or laborer a lien for any amount greater than that originally contracted for between the employer and con- tractor. 15. No person who shall take collateral security for the pay- ment of the money for any structure shall be entitled to the lien provided in this act ; but the taking the note or bill of exchange of the party liable shall not be construed such security. PEDLERS' LICENSE TO SELL GOODS IN THE VARIOUS STATES. LICENSES are good in most of the States for one year; though in many of them licenses can be taken out for six and even foi three months, at the same pro-rata cost as if taken for a whole year. In California, however, a license is good only jor one month. Licences are not required to peddle farm or plantation produce, nor in most States, for books, charts, or stationary ; nor yet for peddling any productions manufactured in the State ; but for all the productions of other States or countries, a license must invari- bly be had. 8 RW-YoRK. No person shall be authorized to travel from place to place, for the purpose of selling any wares, goods, or mer- chandise, of the growth, produce, or manufacture of a foreign country, unless he shall have obtained a license as a hawker and pedler. This license may he obtained of the Secretary of State, on a statement in writing of the manner in which the applicant designs to travel : if on foot, the sum of twenty dollars for one year's license; if to carry his goods with a single horse or other beast, thirty dollars; if with any vehicle drawn by more than one horse, fifty dollars: which several sums shall be reduced proyor a^y shorter terra not less than six months. 372 TEDLRRS' LICENSE TO SELL GOODS. Any public officer or citizen may demand of any hawker or pedler to produce his license; and if the Tiawker or pedler refuse, such officer or citizen may arrest him without any further warrant, and convey him before a magistrate who may fine him in the sum of ton dollars for such refusal, which sum shall be paid over to the overseers of the poor of the town. In case he have no license, he may be fined twenty-five dollars. If such fine be not paid, the magistrate may issue a warrant to any constable to seize his wares and sell them at public vendue ; to satisfy the same. NEW -JERSEY. Any person not a resident of the State, who Bhall be found vending goods from place to plaoe without a license, shall forfeit the sum of twenty dollars for each offence one half to go to the prosecutor, the other to the Stute. The license may be obtained by the Governor, upon a recommendation for that purpose by the Inferior Court of Common Pleas ; if for a vehicle to be drawn by one or more horses or other beasts, the sum of fifteen dollars ; if on foot, eight dollars. Any person lending his license to another shall lose the same, and every license so loaned shall become void. Any citizen may demand to see any hawker's license, and if the Bame be not produced, he may, without further warrant, convey the hawker before a justice of the peace, who shall fine him in the sum of fifty dollars for each offence. PENNSYLVANIA. Any citizen may peddle his own goods. But no person shall be licensed as a hawker or pedler unless he shall have resided at least one year in the county in which such appli- cation is made, and shall produce satisfactory evidence on oath from at least two respectable practising physicians of such county that such applicant is, in point of fact, by reason of bodily disabil- ity, the *yature and character of which must be stated, unable to procure a livelihood at his trade, if he have any, or by bodily labor. None but citizens of the United States shall obtain licenses to hawk or peddle, and such licenses shall only extend to the county in which they may be granted. But wholesale pedlers may, by virtue of their licenses, vend goods throughout the State. The applicant must give bonds in the sum of $300 for his good behavior during the term of his license, and must also satisfy the officers granting the license, of his honesty and good moral char- acter. A license to travel on foot, $8 ; with a vehicle with one horse, $16 ; with a vehicle and two horses, $25. Licenses may be obtained of the clerks of the courts of Quarter sessions of any county, and also at the Mayor's office in the city of Philadelphia, Penalty for selling without a license, &50 ; for refusing to show his license to any citizen who may demand to see the same, $20. OHIO. The Clerk of the Court of Common Pleas of any Bounty iiithfo State may grant a licenss. Fcr a license fa travel on foot PEDLEKS' LICENSE TO SELL GOODS. 373 throughout the State, $12 ; on horseback, or in a one-horse wagon, $20 ; in a two-horse wagon, $28 ; in a boat or other water craft, $60. A pedler refusing to show a license to any citizen who may demand t> see it, shall be supposed to be without one, and may be proceeded against en such ground, and fined $50, ten per cent of which shall go to the informer. NORTH CAROLINA. Any person hawking or peddling goods (books and prints excepted) not manufactured in the States, with- out a license, or who shall refuse when called upon by any jus- tice' of the peace, or sheriif, or sheriff's deputy, to show the same, shall be subject to indictment, and on conviction shall be fined or impiisoned, at the discretion of the court. OREGON. No person shall ven^ goods in any county. in Oregon without a license from the commissioners of said county, who may assess him not less than ten nor more than two hundred dol- lars per year, or at the same rate for any shorter period. Any person vending without such license shall be fined not less than $50, nor more than $200 for each offence. RHODE ISLAND.' Any person peddling goods without a license shall forfeit the sum of $50 for each offence one-half to go to the prosecutor (any citizen), and one-half to the State. Any pedler refusing to show his license within ten minutes from when called upon by any citizen to show the same, shall lose the cost of prose- cution, even though it shall appear on trial that he had a license, duly issued, at the time of the offence. But any citizen may ped- dle goods manufactured in the State. Licenses may be obtained of the general treasurer: for selling goods of foreign manufacture, $100 ; for selling goods manufactured in the United States, $75. VIRGINIA. The clerk of any county court is authorized to grant licenses, on satisfactory proof that the applicant is honest and of a good moral character, and on the payment by the latter of $20. Any pedler vending goods without a "license shall forfeit $50 one moiety to go to the informer, the remainder to the State. VERMONT. Licenses for peddling in this State are as follows : For travelling on foot, $15 ; if in a vehicle with one horse or more, $30 ; and if he carr} T and offer for sale any plated or gilded ware, jewelry, watches, or any patent medicines, or any com- pound medicine, the composition of which is kept secret from the public, $GO. Any county clerk will furn.sh a license. Any pedler vending goods without a license shall forfeit a sum not exceeding $300, nor less than $50. Any persrn refusing to show his license to any citizen when called upon sc to do, shall forfeit the sum of $20. WISCONSIN. The Secretary of State has authority to grant licenses as follows : for peddling on foot, $10 ; with a vehicle and a single horse, $20 ; with a vehicle drawn by two horses, $40 ; a vehicle with more than two horses, $60. Any person peddling without a license shall forfeit $25 for each offence. If the money 3H PEDLERS' LICENSE TO SELL GOODS. be not paid, the justice may issue an attachment against the wares of the delinquent, and sell the same at vendue to satisfy the fine and costs. CONNECTICUT. Any person peddling in this State without a license, shall forfeit a sum not exceeding one hundred nor less than fifty dollars one half to, him who shall prosecute, the other to the State. Every pedler before offering goods for sale in any town, shall obtain from the selectmen of such town, or a majority of them, a license to do the same, for which he shall pay the sum of ten dollars. Any pedler refusing to exhibit his license to any grand juror, justice of the peace, or constable, who may demand to see the same, shall forfeit the sum of fifteen dollars for each offence. A Pedler by the law of this State is any person not a citizen of the United States going from house to house, on foot or otherwise, in any town where he does not reside, with foreign grown or produced goods, or goods grown, manufactured or produced in any other State, except sewing silk, cotton and linen thread and yarn, being of United States' growth, manufacture or product. GEORGIA. Books, maps, and charts, and all articles manufao tured in the State, may be peddled without a license. For vend- ing all other goods from place to place, a license must be obtained of the Comptroller General, the total cost of which is $57. Per- sons selling from place to place without a license, must, on complaint, give security in the sum of $500, for his appearance at the next Superior Court, when, if convicted, he shall be fined not less than $200, nor more than $300, for each offence. In addition, each county town has the privilege of exacting from every pedler the sum of fifteen dollars for every day he or she may be found therein offering goods not manufactured in the State. DELAWARE. Pedlers shall procure license, and give bonds in the sum of $500, for their good behavior during the term of such license. Licenses may be obtained of any Judge of the State, and also of any justice of the peace. Grain, provisions, produce, fruit, booke, and all goods manufactured in the State, may be peddled without a license. The charge for licenses is as follows: for a foot pedler, who is a non-resident of the State, $50; to the same if a bonafide citizen, $8; for a vehicle with one horse, $16 , two horses, $30 ; for each additional horse, $10. For a license t>? sell clocks, $50; to sell tin and japanned wares, without a cart but with one or more horses, $10; with a vehicle and one or more horses, $20. No license can be had for peddling drugs or medi- cines Any person peddling without a license, or in goods nofc %uthorized by his license, or who stall borrow a license foi th PEELER'S LICENSE TO SELL GOODS. 375 purpose of peddling, shall forfeit five hundred dollars one half foi the use of any one who shall sue for the same, and one half to the State. Any pedler refusing or neglecting to show his license, when called upon by any citizen to do so, shall forfeit and pay teK dollars to such citizen, who is authorized to sue for the Sctnie Any person peddling tin or japanned ware without- a license, shall :br every such offence, forfeit and pay to any one who may sue for the same, the sum of thirty dollars, one half to the use of the fitate. INDIANA. Pedlers are required to take out a license in every county in which they shall vend, and pay in proportion, as regards amount and length of time, as resident merchants, who are taxed five dollars on every thousand dollars' worth of merchan dise. There is no fixed licensa fee ; the County Board of such county regulating the fee of each applicant according to his own judgment. Any person transacting business in this State without a license therefor, is liable to a fine of $500. ILLINOIS. Every hawker or pedler &hall have the privilege of eddling goods throughout the State, on paying the sum of fifty ollars to the Secretary of State, when he shall receive a license therefor. For the privilege of peddling in any one county, tho County Commissioners of such county will grant him a license for ten dollars. For peddling in any county without a license, he may be sued by any citizen, and recovered against in the sum of one hundred dollars one half to the complainant, the other to the State. NEW-HAMPSHIRE. Any person peddling goods from place to place without a license, shall be punished by a fine of not less than ten nor more than fifty dollars. License may be obtained of the Clerk of the Court of Common Pleas of the county in which the applicant may reside. The license fee, to a citizen of tho State, is $10; to a non-resident of the State, $20.. Any pedler lenci- mg his license to another, or refusing to show the same to any citizen who may demand te see it, shall be punished in the same manner as for selling without license. MASSACHUSETTS. Any person may go from place to place Belling fruits and provisions, live animals, bix>oms, agricultural implements, fuel, newspapers, hooks, pamphlets, agricultural products of the United States, and the products of his own la- bor or the- lab or of his family, provided that cone of those arti- cles shall be of .the growth or production of foreign countries. The sale of jewelry, wines, spirituous liquors, playing cards, ia- digo and feathers, in the manner above specified is piohibited, The Secretary of the Commonwealth may grant a Hcenae to g$ 370 PEDLER'S LICENSE TO SELL GOODS. about selling any other goods than those before mentioned to any applicant who files in his office a certificate signed by the Mayor of a city or by a majority of the Selectmen of a town, staling that the applicant therein named resides in such city or town, is a citizen of the United States, and of good repute for morals and integrity. Every license so granted shall bear date the day issued, and shall continue in force one year from such date. Every person so licensed may sell any goods, not pro- hibited, in any city or town mentioned in his license, upon first paying to the Secretary one dollar for each city or town so in- serted, and to the Treasurer of such city or town, who shall cer- tify on the face of the license the sum so received, the following eunis : for every town containing not more than 1000 inhabitants, according to the United States census next preceding the date of the license, three dollars ; for every town containing more than 1000, but not more than 2000 inhabitants, six dollars ; for every town containing more than 2000 and not more than 3000 inhabitants, eight dollars ; for every town containing more than 3000 and not more than 4000 inhabitants, ten dollars ; and for every city and town containing more than 4000 inhabitants, ten dollars, and one dollar for every 1000 inhabitants over 4000 con- tained therein ; but the sum so to be paid to a Treasurer shall in no case exceed twenty -five dollars. The Secretary may also grant special state licenses, upon payment by the applicant of fifty dollars for each license. He may also grant, upon payment by the applicant of one dollar for each county mentioned therein, special county licenses. The person so licensed has to pay to the Treasurer of each county mentioned in said license, respec- tively, the sums following: for Suffolk, Essex, Middlesex and Worcester, each four dollars ; for Norfolk, Berkshire, Hainpden, Bristol and Plymouth, each three dollars; for Franklin, Hamp- shire and Barnstable, each two dollars; for Nantucket, one dol- lar; for Dukes county, one dollar. Every person licensed to peddle as herein before provided shall nost his name, residence, and the number of his license in a conspicuous manner upon his Earcels or vehicle, and when such license is demanded of him y any officer, shall forthwith exhibit it, and if he neglects or refuses to do so, shall be subject to the same penalty as if he had no license. Whoever goes from place to place selling goods, ex- ocpt as herein provided, shall forfeit a sum not exceeding two hundred dollars for each oftence. Disabled soldiers are exempt from paying state licenses. MISSOURI. No person shall peddle without a license ; no two or more persons shall peddle under the same license, either as ^ agents, or otherwise ; and no pedler shall sell wines or PEDLER'S LICENSE TO SELL GOODS. 377 spirituous liquors. Any person may obtain a pedler's license from trie collector of the county in which he intends to peddle, on paying as follows : for a license to peddle on foot, $3 for every period of six months; if on one or more horses, $10; if in a vehicle, $20 ; if in a boat or other river vessel, at the rate of one dollar per day for any period not less than five days, and such license may be renewed at the expiration of the first license, for any period not longer than six months, on payment of fifty cents a day, tho number of days to be specified in the license. Every person who shall be found peddling contrary to law, or the terms of his license, shall forfeit, if a foot pedler, the sum of ten dollars ; on one or more beasts of burden, twenty-five dollars ; in a vehicle, fifty dollars ; in a boat or other vessel, one hundred dollars. Persons may peddle bcoks, maps, charts and stationery, without a license. Any pedler refusing or neglecting to show his license to any police officer or citizen on demand, shall forfeit the sum of ten dollars. License for peddling clocks shall be fifty dollars for the term of six months ; and every clock pedler selling without a license shall forfeit not less than fifty nor more than four hundred dollars, and be imprisoned till the fine and costs are paid. MAINE. County commissioners in their counties may grant licenses as pedler to any one proving to their satisfaction good moral character, that he has been five years a citizen of the United States and a year prior to his application a resident of the State. License expires at end of one year, and is not transferable 01 assignable, except with the consent of the board granting it, noi is it valid in any other county than the one in which it is granted, If the pedler carries on his business in a boat he pays $10 license fee ; if in a one-horse cart, $15 ; if in a two-horse cart, $20. At the time of his application he must present with his petition a certificate of good moral character from the municipal officers of the town where he resides, which, must be attached to his license. MISSISSIPPI. For the privilege of peddling good in any one coun fcy of this State, the applicant must first pay to the Clerk of the Probate Court as follows : for license to carry merchandise on toot 810; on hoise or other beast of burden, $20; in a fc<vo wheeled vehicle, 830; in a four-wheeled vehicle, with one borse, $10; in a four-wheeled vehicle with two horses, 50. Any person peddling without a license, shall forfeit the sum or $|(j() one fourth to be paid to the prosecutor, and the balance to the State. In addition to the foregoing, the podler must pay an ad valorem duty of two and a half per cent, on all merchandise 0old by him during the term of his license. 378 PEULER'S LICENSE TO SELL GOODS. LOUISIANA, For a license to peddle on the roads and water- courses of this State, which ma/ be obtained of the Collector of Licenses, ihe applicant must pay as follows : For trading in goods carried in packs, on horseback or on foot, five dollars; with a ve- hicle drawn by one or more liorses or other animals, twenty dol- lars ; with a boat or other water-craft, seventy-five dollars. Any person peddling without a license, shall pay a line of two hundred and fifty dollars. TENNESSEE. For peddling in any county in this State, the li- cense fee .is twenty -five dollars. Any person peddling without a license shall forfeit the sum of one hundred dollars. The license may be obtained of the Clerk of the County Court. SOUTH CAROLINA. For the privilege of peddling in any district in this State, the applicant must obtain a license from the Clerk of the Court of the district, the cost of which is one thousand dol- lars. If the pedler has more than one vehicle, he must take out a separate license for each. The license extends only to the district for which it is taken out. The pedler must, in addition, give bonds in the sum of one thousand dollars for himself and five hundred for each of two sureties that he will conduct himself according to law during the term of his license. Any constable or other pub- lic officer may at any time demand to see his license; should he refuse to promptly exhibit the same, the officer making the demand may seize and detain his wagon and wares till they are released by a magistrate, and the pedler himself committed to jail. Any person peddling without a license, shall pay a fine of five hundred dollars. CALIFORNIA. A non-resident pedler must have a license to sell gold and silver articles manufactured out of the State. License is good for six months. And to obtain one $500 for use of State and $5 for use of the county must be paid to county treasurer. Penalty for selling without license, $500 and from thirty days to six months imprisonment. MICHIGAN. Before peddling goods from place to place in this State, the pedler must pay to the Secretary of State as follows : To peddle on foot, ton dollars ; with a vehicle and one horso, twenty-five dollars ; a vehicle with more than one horse, fifty dol- lars. Any pedlar refusing to show his license when called upon by any officer or citizen so to do, shall pay a fine of two dollars Any person peddling without a license, shall forfeit twenty-fiye dollars for each offence. TEXAS. A license must be taken out by pedlers, for each coun- ty that they may sell in. The license may be obtained of the Clerk of the County Court ; the cost of the same is fifty dollars. Anj one peddling goods without a license, shall be fined in the sum ol five hundred dollars for each offence. QUALIFICATION OP VOTERS. 379 NEBRASKA. A tax of $30 for State purposes, shall be levied upon each pedler of watches, clocks, jewelry or patent medicines, and all other wares and merchandise not manufactured within the limits of this State, for a license to peddle throughout the State for one year. NEVADA. Every travelling merchant, nawker or pedler, who shall carry a pack, and vend wares, goods or merchandise of any kind, shall pay, for .each license, $20 per month ; and every such travelling merchant, hawker or pedler, who shall use a wagon, or one or more animals for the purpose of vending any wares or merchandise of any kind, 01 wines, fermented liquors, or spirit- uous liquors, shall pay, for each license, $30 .per month ; provided that nothing in this section shall be so construed as to apply to the agricultural productions of this territory, or to any fruit from any place. Any one peddling goods without a license shall be fined in any sum not less than $50 nor more than $100. COLORADO. For the privilege of peddling watches, jewelry and clocks, or either of them, throughout this territory for one year, a license fee of $25 must be paid. Such license may be ob- tained from the clerk of any county. Any person so peddling without a license, is guilty of a misdemeanor; and the person actually peddling is liable, whether he be the owner or not. QUALIFICATION OF VOTERS IN THE DIFFER. ENT STATES. MAINE. Every male citizen of the United State?, of the age of twenty-one years (excepting paupers, persons under guardianship, and Indians not taxed), having his residence established in thia State for the term of three months next preceding any election, shall be an elector in the town or plantation where his residence is established. NEW-HAMPSHIRE. Every male citizen twenty-one years of age (excepting paupers and persons excused from paying taxes at their own request), resident in the State and town six months next preceding the election, is entitled to vote. VERMONT. Every man of the full age of twenty-one years, having resided in the State for the space of one whole year and in town three months next before the election, who is of a quiet and peaceable behavior, and has taken the freeman's oath, shall be en- titled to all the privileges of a freeman. 380 QUALIFICATION OF VOTERS. MASSACHUSETTS. Every male citizen of the age of twenty-one years (except paupers and persons under guardianship), who has resided in the Commonwealth one year, and in the town or dis- trict in which he claims a right to vote six months next preceding the election, and can read the Constitution in English and write his name, may yote, provided they h aye paid all taxes assessed upon them (unless legally exempted) within two years- next prece- ding 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, within the preceding year: also any male citizen (naturalized for eigner) of the United States who, in addition to the preceding qualifications (except only one year's residence is required), pos- sesses real estate in the town" or city where he offers his vote of the value of $134 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 attained the age of twenty-one years, who shall have resided in this State for a term of one year 'next preceding, and in the town in which he may offer himself to be admitted to the privileges of an elector, at least six months next preceding the time he may so offer himself, and shall be able, in presence of the board of registration before whom he may so offer him- self, at the request of any elector of the town then present, to publicly read a clause in the Constitution, or Statutes of this State, and shall sustain a good moral character, shall, on hia taking such oath as may be prescribed by law, be an elector ; and any elector presenting before the board of registration of any town, a certificate from the town clerk of the town in which he was admitted an elector of this State, of the fact of such ad- mission, and shall prove that he has resided in the town in which he claims the right to vote, at least four months next pre- ceding the day of the electors' meeting, shall have the rigM to be registered as an elector of such last specified town. NEW- YORK. Every male citizen agud twenty-one years, who shall have been a citizen ten days, and is an inhabitant of this state one year next preceding any election, and for the last four months a resident of the count,y, and for thirty days of the district from which the cfficer is to be chosen for whom he offers las vote he entitled to vote. QUALIFICATION CP VOTERS. #81 5Ien of color, who are possessed of a freehold estate of the valuo Df 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 debts and incumbrances charged thereon, and who shall have been actually rated and paid a tas 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 crim- inals, 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 hia vote, ten days immediately preceding such election, and within two years paid a state or county tax which has been assessed at least ten days before the election, shall enjoy the rights of an elec- tor. Persons between the ages of twenty-one and twenty-two years, with residence as above, can rote 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 twen- ty-two years or upward, having resided in the state one year next oefore the election, and the last month thereof in the county where he offers to vote, and having, within two years next uefore 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 twenty-one yeara and under the age of twenty-two years,Jiaving resided as aforesaid, shall be entitled to vote without payment of any tax. MARYLAND. Every free male person, being a citizen of the Uni- ted States, above twenty-one years of ago, having resided in the state one year, and six months in 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 382 QUALIFICATION OF VOTEKS. one iistrict within the state twelve months immediately preceding the day of any election, and shall have paid public taxes, shall bo entitled to vote for members of the house of commons for the dis- trict in which he resides, and for the governor; to vote for a mem ber of the senate, he must have in addition to the same qualifica- tion 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 excepted), being a citizen of the state, and hav- ing 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 be hath been legally seized and possessed, at least six months be- fore such election, or not" having such freehold or town lot, hath been a resident of 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 members of the legis- lature for the election district in which he holds such property, or is resident. GEORGIA. An elector must be twenty-one years of age ; a citi- gen and inhabitant of the state one year ; of the county six months and have paid all the taxes which may have been required of him, and which he has had an opportunity of paying agreeably to law, for the year preceding the election. In all elections for governor or electors of prasident and vice-president, the county residen 30 is not required. FLORIDA. Every free wmto 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 prece'ding the eleccion, and who shall be en- rolled in the militia of the state (unices exempted from militia duty), is a qualified voter. ALABAMA. Every white male citizen of the age of twenty-one vears, 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 vole, shall be deemed a qualified elector. MISSISSIPPI. 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 months thereof in the parish in which he offers to vote, has a right to QUALIFICATION OF VOTERS. 383 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. ARKANSAS. 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 in which he claims to vote, is entitled to vote. TENNESSEE. Every free white man twenty-one years of age, a citizen of the United States, and resident of llie county wherein he offers his vote six months next preceding the election, is entitled to vote Also, all male persons of color 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 fche right of suffrage OHIO. Every wVe male citizen of the United States of the age of twenty-one year? who shall have been a resident of the State one year next pjreo'.-ding 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 abovo the age of twenty-one years : every white male citizen repiding 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 re- bided in the State two years and six months, and declared his in- tention 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 preced- ing 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, 384 QUALIFICATION OF VOTERS. and every white male, of foreign birth, of the age of twenty-ona 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, shall be entitled to vote in the town or pre- cinct 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, ex- cepted), of the age of twenty-one years, a resident of the State six months next preceding the election, and of the county in which he claims to vote twenty days, is entitled to vote. WISCONSIN. Every male citizen of the age of twenty-one yearsj resident in the State one year next preceding an election, belong- ing 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, con- formably to the laws of the United States on the subject of natu- ralization. 3. Persons of Indian blood who have once been de- clared 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 State for six months next preceding an election, shall be entitled to vote \ orovided, 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 State government of Minnesota. All 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 civilzed male Indian, twenty-one years of age, who shall have re- Bided and had his home and place of permanent abo Je in Kansas six months, in the county thirty days, and in the district where he offers his vote ten days, immediately preceding the election, shaJJ be deemed a qualified elector. Persons engaging in a duel, either as principals or assistants, lose the rights of an elector. QUALIFICATION OF YOTEES. &$5 NEW-MEXICO. Every white male citizen of the United States, over twenty-one years of age, who shall have resided in the terri- tory over one year, and in the county in which he offers to vote for three months, shall bo entitled to vote and be elected to office in any election. No person prevented by the organic law of the ter- ritory, no officer or soldier in the United States army, and no per son included in the term "camp followers" of the United Statoa army, shall be entitled to vote or hold office in this territory. UTAH. All free white malo 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 State for six months next preceding an election, shall be entitled to vote : pro- vided, that they shall be citizens of the United States, or shall have declared their intention, on oath, to become such, or shall have resided six months in the State and fifteen days in the county where they offer to vote, next preceding the day of election. Per- ons insane or convicted of crime are excepted ; also, officers and soldiers of the United States army, unless they were residents of the State at the time of their enlistment. CALIFORNIA. Every white male citizen of the United States, and every Mexican electing, under the treaty of 1848, to be a citizen of the United States, who has been a resident of the State six months and of the county or district where he offers his vote for thirty days, has a right to vote. Hew York State Law for the Protection of Hotel and Boarding-house Keepers, passed February, 1867. Every person who shall at any hotel, inn, restaurant, or board- ing-house order, or cause to be furnished, any food, drink or ac- commodation with intent to defraud the owner or proprietor of such hotel, inn, restaurant, or boarding-house put of the value, or price of such food, drink or accommodation, in accordance with the terms, or custom of such hotel, inn, restaurant, or boarding- house, and every person who shall obtain at any hotel, inn, res- taurant, or boarding-house, by the use of false pretence, or device,, either by depositing at such place baggage or property of value less than the amount of such credit, or of the bill by such person incurred or otherwise, and afterwards abscond from such hotel, inn, restaurant, or boarding-house, or surreptitiously remove such baggage or deposit, shall, upon conviction, be adjudged guilty of a misdemeanor. All baggage left by guests may be sold at the expiration of sii months. 392 EXTERNAL REVENUE. INTERNAL REVENUE. THE taxes laid by the various acts providing for the raising revenue by taxation, in which are included the Direct Tax Act of August 6, 1861 ; the Excise Tax of July 14, 1862 ; tne Amend- atory Acts of March 3, 1863 ; the Acts of June, 1864 ; March, 1865 ; the Amended acts of July 20, 1866, and March, 1867, are intended to have specific action on several different classes. These may be divided, properly, into two general classes, viz : I. The ANNUAL LISTS, which are subdivided into Licences, Articles in Schedule A. (embracing Carriages, Yachts, Billiard, Tables and Plate) and Annual Income ; and II. The QUARTEKLY and MONTHLY LISTS, which include re- turns of Auction Sales; Receipts of Railroads, Steamboats, etc., for Transportation, etc.; Passports, Theatres, Operas, Circuses and Museums; Lotteries, Dividends, Advertisements, Legacies, Canal and Turnpike Companies, Receipts of Ferry-boats, Gross Receipts of Express and Telegraph Companies, Banks and Insurance Com- panies, Proprietary Articles, Stamps under Schedule B, Manufac- turers' Returns, Distillers' and Brewers' Returns, and Returns of Coal Oil Distillation. For each of these returns under the second general class, there jre specific forms and instructions furnished by the government, and it will therefore be unnecessary for us to give instructions and directions which are furnished already to the parties inter- ested. But in regard to the first general class, some explanations and instructions are desirable to enable them to act understandingly in the payment of their taxes, and these we give from the highestj official authority. I. Licences must be taken out by claim agents and agents for procuring patents ; insurance agents domestic and foreign, real estate agents, apothecaries, architects and civil engineers, assay- ers, auctioneers, banks and bankers, bowling alleys and billiard rooms, brewers, barges, boats and flats, brokers, commercial brok- en, custom-house brokers, cattle brokers, pawnbrokers, laad INTERNAL REVENUE. 393 rant brokers, produce brokers, butchers, builders and contractors, circuses, coal-oil distillers, coffee roasters, confectioners, convey ancers, concert halls, wholesale and retail dealers in liquors, deal- ers in other merchandize and wholesale dealers in the same, horse dealers, lottery ticket dealers, patent right dealers, dentists, dis- tillers, eating-houses, express agents and carriers, exhibitions or shows for money, gas fitters, gift enterprises, grinders of coffee or spices, hotels, inns or taverns, intelligence offices, jacks, jugglers, lawyers, livery stable keepers, manufacturers, miners, museums, passenger steamers and vessels, peddlers, photographers, physic- cans, plumbers, rectifiers, stallions, surgeons, theatres, tobacconists, and by any person, firm, or corporation engaged in any business, trade or profession whatever having an income exceeding one thousand dollars per annum, for which no other licence is re- quired. Special Provisions. I. That in every case where more than one of the pursuits, employments, or occupations, hereinafter described, shall be pur- sued or carried on in the same place by the same person at the same time, except as hereinafter provided, the tax shall be paid for each acccording to the rates severally prescribed : Provided, That in cities and towns having a less population than six thous- and persons, according to the last preceding census, one special tax shall be held to embrace the business of land-warrant brok- ers, claim agents, and real estate agents, upon payment of the highest rate of tax applicable to either one of said pursuits. [Sec. 76.] II. That any number of persons, except lawyers, conveyancers, claim agents, patent agents, physicians, surgeons, dentists, cattle brokers, horse dealers, and peddlers, doing business in copartner- ship at any one place, shall be required to pay but one special tax for such copartnership. [Sec. 78.] III. That the special tax shall not be imposed upon apothe- caries, confectioners, butchers, keepers of eating-houses, hotels, inns, or taverns, or retail dealers, except retail dealers in spirit- uous and malt liquors, when their annual gross receipts shall not exceed the sum of one thousand dollars, any provision of law to the contrary notwithstanding. IV. That nothing contained in the preceding sections of this act shall be construed to impose a special tax upon vintners who Bell wine of their ^wn growth at the place where the same u 394 INTERNAL REVENUE. made ; nor upv. n apothecaries, as to wines or spirituous liquors wh'" 1 - they use exclusively in the preparation or making up ot meaicmes ; nor shall physicians be taxed for keeping on hand medicines solely for the purpose of making up their own pre- scriptions for their own patients ; nor shall farmers be taxed as manufacturers or producers for making butter or cheese with milk from their own cows, or for any other farm products. [Clause of Sec. 80".] The following is the form of application for a license. If the licence is for a firm, the name of the firm, and the name and resi- dence of each member of the firm, must be given in full. Form of Application for a License. Application is hereby made by Thomas Davis, of New Lotts, in the County of Kings, and State of ^"ew York, for a license as a Coal Oil Distiller, under the Excise Laws of the United States, said business or occupation to be carried on at No. 540 Furman Street, in the City of Brooklyn, County of Kings, and State of New York. Signed, THOMAS DAYIS. Dated at Brooklyn this 31st day of October, A. D. 1868. To JOHN WILLIAMS, Assessor of the Second \ District of the Slate of New York. \ All licenses expire on the 1st of May, and hence when a license is taken out at any other time in the year, it is necessary only to pay the proportion of the license which will be due to the suc- ceeding May. If a license is not taken out or renewed by the person whose duty it is to have a license, the assessor or assist- ant assessor must enter his name for a license on the assessment book, and he will be liable to pay three times the amount of his license, under Section 59 of the Excise Tax Act, or a fine of $100 under Sec. 11 of the same Act. II. Articles under Schedule A. These comprise, as above stated, carriages, yachts, gold watches, pianos, organs, melodeons, or other parlor musical instruments, billiard-tables kept for private use, and gold and silver plate. INTERNAL REVENUE. 895 The list of these must be furnished to the assessor in ten days after the service of the notice with the blank form for the return. The penalty of furnishing a false or fraudulent list is $500, and a neglect or refusal to furnish the list incurs the penalty of an ad- dition of 50 per cent, to the tax and a fine of $100. Billiard tables kept for hire, and paying a license, are not subjected to this tax (Decision Oct. 21, 1862). Forty ounces Troy of silver plate kept for sale, and that which is in possession ot a family or its member, as souvenirs or keepsakes (Decision 21 Oct., 1862), and all plate belonging to religious societies, are exempt from this tax. The following table may be used in converting Avoirdupois into Troy ounces : 11 ounces Avoirdupois equal 10 ounces Troy. 22 " " u 20 " " 44 40 50 " " " 46 " " 60 " " " 55 " " 70 u 04 u u 80 " " " 73 " " 90 " " " 82 " u 100 " " " 91 " " 200 " " " 182 " " 500 " " " 456 " " 1000 " " " 912 " " Every person will be taxed at the rate of five per cent., when his or her annual gains, profits or income exceed $1,000. The deductions apply to all incomes. They are : 396 INTEKNAL REVENUE. 1st, The $1,000 allowed by law. 2d, Other nahonal. State and local taxes assessed for tlie yeai and paid. 3d, Rent actually paid for the dwelling-house or estate occu- pied by the person assessed ; and in case the person assessed is boarding, the rent allowed for the rooms he and fa's family occu- py, where such rooms are used as a home or livmg-p^ce for the residence, lodging and feeding of his family. 4th. Necessary repairs to property yielding tl?e income ; or insurance thereon ; or pay and subsistence for hired laborers or clerks, and their subsistence, employed in conducting the busi- ness ; or rent of store, shop or manufactory ; fuel, freight, etc., for store, shop, etc. ; or interest on encumbrances upon the prop- erty ; or all, as the case may be. 5th, Income arising from interest on bonds or other evidences of debt of any railroad company or corporation, or from interest or dividends on stock, capital, or deposits, in any bank, trust company, or savings institution, insurance or railroad company, from which five per cent, was withheld by the officers thereof for the excise tax. 6th, Income from advertisements on which the three per cent, duty has been paid is also to be deducted. Every person in the second class will be taxed at the rate of ten per cent., whatever may be his or her annual gains, profits or income from property, securities and stocks owned in the United States, without othei deductions than numbers 2d and 4th above stated. Wherevei husband and wife live together, and their taxable income is in excess of $1,000, they will be entitled to but one deduction of $1,000, that being the average fixed bylaw as an estimated com- mutation for the expense of maintaining a family. Where they live apart, by divorce or under contract of separation, they will be taxed separately, and be each entitled to a deduction of $600. Officers in the civil, military or naval service of the United States are not required to pay an income tax to the collectors on their salaries or wages, whatever may be the amount, be- cause the Government deducts fire per cent, therefrom at the INTEKNAL KEYENUE. 897 time of payment ; but other income of such persons is liable to the income tax. Guardians and trustees, whether such trustees are so by virtue of their office as executors, administrators, or other fiduciary capacity, are required to make return of the income belonging to minors or other persons, which may be held in trust as afore- said ; and the income tax will be assessed upon the amount re- turned after deducting such sums as are exempted from the in- come tax, as aforesaid : Provided, That the exemption of $1,000, under Sec. 90. of the Excise Law, shall not be allowed on ac- count of any minor or other beneficiary of a trust, except upon the statement of the guardiaj or trustee, made under oath, that the minor or beneficiary has no other income from which the said amount of $1,000 may be exempted and deducted. "Whenever persons liable to assessment of income tax shall make and tender lists which shall not be accepted by the As- sistant Assessor as just and proper, it is the duty of such As- sistant Assessor to make lists for such persons according to the best information he can obtain. Persons so assessed may make oath or affirmation as to the amount of income and deductions therefrom. Persons receiving rent may deduct therefrom the amount paid for necessary repairs, insurance, and interest on encumbrances upon such rented property. The cost of new structures, or im- provements to buildings, are not to be deducted from the in- come. Repairs to sewers, etc., may be deducted, but the cost of constructing them, or the assessment therefor being in the nature of improvements upon the property, cannot be deducted. Profits or dividends derived from stock, shares or property in gas, bridge, express, telegraph, steamboat, ferry-boat, or manufacturing companies or corporations, are subject to income tax. Farm produce which the producer has on liand on the 31st day of December, must be appraised at its market value on that day ; but the farmer is allowed to deduct therefrom the subsistence of horses, mules, oxen and cattle used exclusively in the carrying c-n of said farm. Fertilizers, as guano, poudrette, plaster, &e., purchased by farmers to maintain their land in present produo* 898 INTERNAL REVENUE. tive condition will be considered as "repairs,'' and may be de- ducted in estimating income. A merchant's return of income should cover the business of the year ending December 31st, excluding previous years. Un- collected accounts must be estimated. Debts considered hope- lessly lost on the 31st of December, and due to the business of the year which closes on that day, may be deducted from the profits of the business ; if subsequently paid, they must be in- cluded in the return for the year in which paid. Old debts for- merly considered lost, but paid within the year, must be reck- oned a part of the income. Losses incurred in the prosecution of business are a fair offset to gains derived from business, bul not to those portions of income derived from fixed investments, such as bonds, mortgages, rents, and the like. Property used in business, and furnishing profits, when destroyed by fire, may be restored at the expense of those profits to the condition when destroyed ; if insured, the difference between insurance received and amount expended in restoration will be allowed. Interest on borrowed capital used in business may be deduct- ed from income. No deduction can be allowed from the taxable income of a merchant for compensation paid for the services of a minor son. The income tax is assessed upon the actual income of individ- uals. Firms, as such, will not make returns. The income tax must be assessed and paid in the district in which the assessed person resides. The place where a person votes, or is entitled to vote, is deemed his residence. When not a voter, the place where tax on personal property is paid is hel 1 to be the place of residence. In cases of limited partnerships, formed with the condition that no' dividend or division of profits shall be made until the expiration of the partnership, each member of such firm will be required to return his share of the annual profits arising from such business, as, had they so desired, a division of the profits could have been made. Physicians and lawyers should include actual receipts for services rendered during the year ending December 31st, together with a estimate of unrealized or contingent mcome due to that year, INTERNAL REVENUE. 399 Dividends and interest payable in a given year should be re- turned as income for that year, no matter when declared. Income derived from coal mines, or the rent of coal mines, must be returned for tax, although a tax has been previously paid on the coal produced. No deduction can be made because of the diminished value, actual or supposed, of the coal vein or bed, by the process of mining. Premiums paid for life insurance cannot be allowed as a de- duction in a statement of income. Pensions received from the United States Government must be returned with other income subject to taxation, and ^uys thr&o cr five per cent., likb other income Where income is derived partly from United States securities, and partly from other sources, the $1,000, and other allowances made by law shall be deducted, as far as possible, from that por- tion of income derived from other sources, and subject to three or five per cent. tax. Interest should be considered as income only when paid, un- less it is collectable and remains unpaid by the consent or agree- ment of the creditor. The increased value given a new building by permanent im- provements will be charged to capital not income. The contingent fund of manufacturing corporations made up during the year and not distributed, should not be returned aa part of the income of the stockholders. The income of literary, scientific, or other charitable institu- tions in the hands of trustees or others, is not subject to income tax. If a planter returns all his farm products, he will be allowed to deduct the actual expense of subsisting and clothing his help. Legatees are not required to return their legacies as income. There is a special tax on legacies of personal property. The profits of a manufacturer from his business are not ex- empt from income tax, in consequence of his having paid tne excise tax imposed by law upon articles manufactured by him. Timber or wo od cut from a wood lot for sale is liable to in- come tax, on the receipt of the money for its sale. The amount 400 INTERNAL REVENUE. of income accruing from it must be ascertained by assessing the value of the laud after the removal of the timber or firewood, and adding thereto the sum received from the sale of the Limber or wood, and from the sum thus obtained deducting the estimated value of the land on the 31st of December next ensuing. In cases where assessors have good reason to believe that persons have not an income of $1,000, no return need be required. Assessors have no authority to prescribe rules to be observed by merchants and others for ascertaining the amount of income derived from their business. If, however, the Assessor or As- sistant Assessor has good reason to believe that any return is understated, he may increase the same to such sum as he thinks proper, and if the party is not satisfied he mav obtain relief by making oath to the amount on which he is liable to income duty, and such sworn return is to be accepted by the Assessor. All foreigners resident in the United States will be required to make return of and pay income tax on that portion of their income derived from sources within the United States, and from investments elsewhere, other than in real estate. Amounts paid for water-rents are not to be considered as tax- es, nor are they to be allowed as deductions from income. The income tax is entirely independent and irrespective of the license tax, and is imposed upon that portion of the entire sum which exceeds $1,000, after making deductions allowed by law. Fathers should include salaries or wages received by minor children in returns of income. The owner of a ship should return as income the entire earn- ings of the ship received during the year for which the tax is paid, no matter when the voyage commenced. In the case of a whole ship, the total yield if received during the year, even if her voyage had lasted two, three, or four years, must be reck- oned. A person engaged in navigation and owning vessels, may bal- ance the gains and losses on this branch of his business as a whole, setting the gains of one against the losses of another, in eluding even the entire loss of a vessel by capture, shipwreck, 01 other disaster, on which there was no insurance. ship-owners have insured themselves, charging off five 401 or seven per cent, per annum for the loss or depreciation of their vessels, that deduction must be made from the income, and will not be subject to tax. Premiums paid for life insurance are not to be deducted from income. Family and personal expenses are not to be deducted, except as previously specified. If a trust fund is held for general religious purposes and di- vided in proportions which are unsettled, or which are determ- ined by circumstances, it will not be taxed in the hands of trus- tees, but in the income of the persons receiving the dividends ; but if the fund is solely for the support of a particular person, or persons, it is liable to taxation, whether in the hands of trus- tees or the beneficiary. The amount paid by an executor or administrator to a trustee is not liable to a second tax in the hands of the latter as income, but is considered as principal, the income from which when de- rived must be returned by him. The assessment paid on a pew in a church should be consid- ered as in the nature of a contribution and not a tax, and nei- ther this nor the rental of a pew can be deducted from the in- come. Taxes paid by corporations cannot be allowed as deductions from the income of a stockholder. Marriage fees, gifts from members of a congregation to their pastor, &c., are taxable as income when the gifts or donations are in the nature of compensation for services rendered, wheth- er in accordance with an understanding to that effect at the timo of settlement or with an annual custom. Gifts of money from father to son, when not in the nature of payment for services rendered, or not in pursuance of an attempt to evade the revenue laws, are not liable to taxation as in- come. An assessor may require returns of income from persons so- journing in his district for a few months at a time, and trans- mit the same to the assessors of the several districts in which the parties reside. The removal of a rotten and worthless roof to replace it with a new one is to be regarded as repairs, but the removal of an an- 402 INTEK3TAI KBVEIHJB. liquated roof and the substitution of a more modern one, raising the walla to conform thereto, this would be " an improvement* 1 of the property, and could not be deducted from the income. A foreign consul residing in this country is liable to excise duties, and also to income tax, except as to rents derived from real estate not within our jurisdiction. The Shaker Institution at New Lebanon (and probably other Shaker establishments) is allowed to deduct $1,000 for each male covenanting member, these being about one-fifth of the whole community. The rate of taxation (whether three or five per cent.) to which an income is subject, will be determined by the net amount after those deductions are made which have been specified, but the rate must be determined before the $1,000 allowed by law is do ducted. All persons neglecting or refusing to make return of income, except in case of sickness, are liable to an addition of fifty per cent, to the amount ascertained by the assistant assessor upon such information as he can obtain, and to a fine of $100. Income returns are to be made out in the month of March, and the income tax is to be paid before the thirtieth day of April, following, under a penalty of five per cent, additional All papers necessary to be used for the collection from the Gov- ernment of claims by soldiers or their legal representatives of the United States, for pensions, back pay, bounty, or for property lost in the service, require no stamps. INTERNAL REVENUE STAMP DUTIES. 403 Internal Revenue Stamp Duties. Stamp Duty. Ackncncledgment of Deeds. (See Exemptions.) Accidental Policies of Insurance. (See Exemptions.) Affidavits. (See Exemptions.) Agreement or contract, other than domestic and inland bills of la- ding, and those specified in this schedule; any appraisement of value or damage, or for any other purpose ; for every sheet or piece .of paper upon which either of the same shall be written $0 05 Provided, That if more than one appraisement, agreement or contract, shall be written upr>n one sheet or piece of paper, live cents for each and every addi- tional appraisement, agreement, or contract. Applications for Bounties Exempt. Applications for Pensions Exempt. Assignment, of lease, stamp duty the same as on original instru- ment, increased by stamp duty on the consideration or value of the assignment equal to that im- posed upon the conveyance of land for similar consideration or value. (See proviso to " Mort- gage.") Assignment or transfer of mort- gage, or policy of insurance, or the renewal or continuance of any agreement, contract, or char- ter, by letter or otherwise, is subject to the same duty as the original instrument. (See pro- viso to " Mortgage.") Assignment, ordinary, as of bond, without guaranty .' Exempt. Hank Check, draft, or order for the payment of any sum of money whatsoever, drawn upon any bank, banker or trust com- pany, or for any sum exceeding $10 drawn upon any other person or persons, companies or corpo- ations, at sight or oa demand . . 02 Sill of Exchange (inland), draft or order for the payment of any sum of money, not exceeding $100, otherwise than at sight or on de- mand, or any promissory note (except bank notes issued for circulation, and checks made and intended to be forthwith pre- sented, and which bhull be pro- Statnp Duty. sented to a bank or banker for payment), or any memorandum, check, receipt or other written or printed evidence of an amount of money to be paid on demand, or at a time designated, for a sum not exceeding $100 $0 Ofl And for every additional $100 or fractional part thereof in ex- cess of $100 OC Bill of Exchange (foreign), or let- ter of credit, drawn iu but pay- able out of the United States. If drawn singly or otherwise than in a set of three or more, accord- ing to the custom of merchants and bankers, shall pay the same rates of duty as inland bills of exchange or promissory notes. If drawn in sets of three or more, for every bill of each set, where the sum made payable shall not exceed $100, or the equivalent thereof, in any foreign currency in which such bills may be expressed, according to the standard of value fixed by the United States OS And for every additional $100 or fractional part thereof in ex- cess of $100 OS [The acceptor or acceptors of any bill of exchange or order for the payment of any sum of money drawn, or purporting to be drawn, in any foreign country, but payable in the United States, shall, before paying or accepting the same, place thereupon a stamp indicating the duty upon the same, as the law requires for inland bills of exchange, or pro- missory notes; and no bill of ex- change shall be paid or negoti- ' ated without such stamp; and if any person shall pay or negotiate, or offer in payment, or receive or take in payment, any such draft or order, the person or persons so offending shall forfeit the sum of $200. . Bill of Lading or receipt (other than charter party), for any goods, merchandise or effects to be ex- ported from a port in the U. 8. to any foreign port, but not to or from ports in British N. America 10 Bill of Sale by which any ship or 404 INTEEXAL REVENUE STAMP DUTIES, Stamp Duty. vessel 01 any part thereof, shall by conveyed to or vested in any other person or persons, when the consideration shall not ex- ceed $500 $0 50 Exceeding $500, and not ex- ceeding $1,000 100 Exceeding $1,000, for every additional amount of $500, or fractional part thereof 60 Bond, for indemnifying any per- eon for the payment of any sum of money where the money ulti- mately recoverable thereupon is j 11,000 or less ,. 50 "Where the money ultimately recoverable thereupon exceeds $1,000, for every additional $1,000 or fractional part thereof in ex- cess of $1,000 50 Bond for the" due execution nnd performance of the duties of any office 1 00 Bonds of any description, other than such as may be required in legal proceedings, or used in con- nection with mortgage deeds, ami not otherwise charged in this schedule 25 Bond and Mortgage. (See "Mort- gage.") Bounty Applications. (See Ex- emptions.) Certificate of Stock in any incor- porated company 25 Certificates of Profits, or any cer- tificate or memorandum showing an interest in the property or ac- cumulations of any incorporated company, if for a sum not less than $10 and not exceeding $50. 10 Exceeding $50 and not exceed- ing $1,000 25 Exceeding $1,000, for every additional $1,000 or fractional part thereof 25 -Certificate. Any certificate of damage, or otherwise, and all other certificates or documents issued by any port warden, ma- rine surveyor, or other person acting as such 25 Certificate of Deposit of any sum of money in any bank or trust company, or with nny banker or person acting as such : If for a sum not exceeding $100 02 If for a sum exceeding $100. .. 05 Cortificate of any other descrip- tion than those specified 05 [N.B. As a general rule, every certificate which has, or may have, a legal value in any court of law or equity, will require a a stamp duty of 5 cents.] | Stamp Doty, Certificates of measurement ol wood, hay, coal, live stock, etc. (See Exemptions.) Certificate of Record of Deed. (See Exemptions.) Charier Pa rty. -Contract or agree- ment for the charter of any ehlp or steamer, or any letter, memo- randum, or other writing be- tween the captain, master or owner, or person acting as agent of any ship, or vessel, or stenmer, and any other person or persons for or relating to the charter of such ship or vessel, or steamer, or any renewal or transfer there- of, if the registered tonnage of such ship, vessel or steamer, does not exceed 150 tons %'> A Exceeding 150 tons and not exceeding 300 t OC Exceeding 800 tons, and not exceeding 600 tons B 00 Exceeding 600 tons 19 00 Contract. (See ''Agreement.") Contract. Broker's note or memo- randum of sale of any goods or merchandise, exchange, real es- state, or property of any kind or description issued by brokers or persons acting as such, for each note or memorandum of sale 16 Bill, or memorandum of the sale or contract for tho sale of stocks, bonds, gold or silver bul- lion, coin, promissory notes, or other securities, shall pay a stamp tax at the rate provided in sec- tion 99. Conveyance, deed, instrument or writing, whereby any lands, tene- ments, or other realty sold, shall be granted, assigned, transferred, or otherwise conveyed to, or vetted in, the purchaser or pur- chasers, or any other persons, by Ms, her, or their direction wlieff the consideration or value of the interest or property conveyed does not exceed $500 60 When the consideration or val- ue exceeds $500, and does not exceed $1,000 i 00 And for every additional $500, or fractional part thereof in es- cess of $1,00U 5V S.B. In conveyance of real e, the law provides that the stamp affixed must answer to the value of the estate or interest conveyed. No stamp Is required on any warrant of attorney accompany- ing a bond or notf, when such bond or note has affixed thereto IWIER^AL REVENUE STAMP DUTIES. 405 Stamp Duty. gho stamp or stamps denoting the duty required ; and whenever any bond or note is secured by mortgage, but one stamp duty ia required on such papers, such stamp duty being the highest rates required for such instru- ments, or either of them. In such case, a note or memorandum of the value or denomination of the stamp affixed should be made upon the margin or in the ac- knowledgment of the instru- ment which is not stamped.] fntry of any goods, wares or mer- chandise, at any custom-house, either for consumption or ware- housing, not exceeding $100 in value $0 25 Exceeding $100, and not ex- ceeding $500 in value 60 Exceeding $500 in value 1 00 fntry for the withdrawal of any goods or merchandise from bond- ed warehouse 60 Insurance (Life). Policy of insu- rance, or other instrument, by whatever name the same shall bo called, whereby any insurance shall be made upon any life or lives: "When the amount insured shall not exceed $1,000 25 Exceeding $1,000, and not ex- ceeding $5,000 50 . Exceeding $5,000. .., 1 00 Insurance (Accidental), certificate of. (See Exemptions.) Insurance (Marine, Inland and Fire). Each policy of insurance or other instrument, by whatever name the same shall be called, by which insurance shall be made or renewed upon property of any description, whether against per- ils by the sea or by fire, or other peril of any kind, made by any insurance company, or its agents, or by any other company or per- on, the premium upon Avkich does not exceed $10 10 Exceeding $10, and not ex- ceeding $50 ... 25 Exceeding $50 60 Lease, agreement, memorandum, or contract for the hire, use, or rent of any land, tenement, or portion thereof, where the rent ; er rental value ia $200 per an- num, or less 60 Where the rent or rental value exceeds the sum of $200 per an- num, for each additional $200 or fractional part thereof in excess of$200 60 Stamp Duty [N".B. Lease of coal and iron lands, subject to duty under head of " Conveyance," perpetual lease, subject to stamp under head of " Conveyance," the stamp duty to be measured by resolving the annual rental into a capital sum. Clause of a guarantee of pay- ment of rent, incorporated or in- dorsed, 5 cents additional.] Letters of Credit. (Soe "Bills of Exchange, foreign. 1 ") Letters of Administration, (See ' Probate of Will.") Manifest for Custom-house entry or clearance of the cargo of any ship, vessel, or steamer for a for- eign port: If the registered tonnage of such ship, vessel or steamer does not exceed 800 tons. $1 00 Exceeding 800 tons, and not exceeding GOO tons 3 Ofl Exceeding 60U tons 5 00 Mortgage of lands, estate, or prop- erty, real or personal, heritable or movable, whatsoever, where the same shall be made as a se- curity for the payment of any definite and certain sum of money lent at the time, or previously due and owing, or forborne to be paid, being payable ; also, any conveyance of any lands, estate, or property whatsoever, in trust, to be sold, or otherwise convert- ed into money, which shall be intended only as security, and shall be redeemable before the sale or other disposal thereof, either by express stipulation or otherwise ; or any personal boad given as security for the pay- ment of any definite or certain sum of money exceeding $100 and not exceedi ng $500 60 Exceeding $500, and not ex- ceeding $1,000. 1 00 And for every additional $500, or fractional part thereof, in ex- cess of $1,000 6fl Provided, that upon each and every assignment or transfer of a policy or insurance, or the re- newal or continuance of any agreement, contract or charter, by letter or otherwise, a stamp duty shall be required and paid equal to that imposed on the original instrument: And pro- vided further, That upon each and every assignment of any lease a stamp duty shall be re- quired and paid equal to that iaa- 406 INTERNAL REVENUE STAMP DUTIES. Stamp Duty. eignment equal to that imposed upon the conveyance of laud for similar consideration or value. Upon every assignment or transfer of a mortgage the same stamp-tax upon the amount re- maining unpaid thereon as is herein imposed upon a mortgage for the same amount. Passage Ticket, by any YCSSC! from a port in the United States to a foreign port, rot exceeding $35, $0 00 Exceeding $35, and not ex- ceeding $50 1 00 And for every additional $50, or fractional part therefor in sx- cessof $50 1 00 Pension Papers. (See Exmp- tiofls.) Power of Attorney for the sale or transfer of any stock, bonds or scrip, or for the collection of any dividends thereon. 25 Powtr of Attorney, or proxy for voting at any election for officer* of any incorporated company or society, except religious, charit- able, or literary societies, or pub- lic cemeteries 10 Power of Attorney to receive or collect rent 25 fower of Attorney to sell and con- vey real estate, or to rent or lease the same 1 00 Power of Attorney for any other purpose 50 Probate of Will, or letters of ad- ministration : Where. the estate and effects for or in respect of which such probate or letters of administration applied for shall be sworn or declared not to ex- ceed the value of $2,000, but no stamp required where value does not exceed $1,000 100 Exceeding $2,000, for every additional $1,000, or fractional part thereof in excess of $3,000 60 [N.B. The bonds of Executors, Administrators, Trustees and Guardians are each subject to a stamp duty of 1.00.] Letters of Appointment- . . .Exempt Certificate of Appointment. . . 05 Promissory Note, or memorandum check, receipt, or other written or printed evidence of an amount of money to be paid on demand, or at a time designated, whether given for twenty dollars or an amount more or lets than twenty dollars, also judgment notes, are Stamp Dmtj, iubject to the same stamp duty as "Bills of Exchange, Inland." [A renewal of a Promissory note subjects it to tho same amount of stamp dtty as an original note.] Protest. Upon the protest of ev- ery note, bill of exchange, ac- ceptance, check, draft, or any- marine protest, whether protest- ed by a notary public 01 by any other officer who may be author- ized by the law of any State or States to make such protest . . . $0 88 Quit-Claim Deed should be stamp- ed as "Conveyance," except when given as '-release of mort- gage," in which case it is exempt Mectipts for any sum of money, or for the payment of any debt ex- ceeding $20 in amount being for the satisfaction of any mortgage or judgment, or decree of any court, or by indorsement on any stamped obligation in acknowl edgment of its fulfillment, for each receipt 01 Provided, That when more than one signature is affixed to the same paper, one or more etamps may be affixed thereto, representing the whole amount of the stamp required for such signatures; and that the term money, as herein used, shall bo held to include drafts and other instruments given for the pay- ment of money. Release, discharge and satisfaction or mortgage Exempt. Sheriff s Return on writ or other process Exempt Trust Deed, mado to secure a debt, is to be stamped as a mort- gage. Crust Deed, conveying estate to uses, "iouJl be stamped as "Con- veyance" [N.B. A mortgage or trust deed being duly stamped as "Mortgage," is not subject to further stamp duty by virtue of a power of attorney or power of sale contained therein.] Weighers' returns, If for a weight not exceeding 5,000 pounds $0 19 Exceeding 5,000 pounds S$ POSTAL BATES AND BEGULATIONS. 409 Postal Rates and Regulations. LETTERS. TJie law requires postage on all letters (including those to foreign countries when prepaid), excepting those writ- ten to the President or Vice-President, or members of Congress, or (on official business) to the chiefs of the executive depart- ments of the government, and the heads of bureaux and chief clerks, and others invested with the franking privilege, to be prepaid by stamps or stamped envelopes, prepayment in mone^y being prohibited. All drop-letters must be prepaid. The rate of postage on drop-letters, at offices where free delivery by carrier is estab- lished, is two cents per half ounce or fraction of a half ounce ; at offices where such free delivery is not established, the rate is one cent. The single rate of postage on all domestic mail letters through- out the United States is three cents per half ounce, with an ad- ditional rate of three cents for each additional half ounce 01 fraction of a half ounce. The ten cent (Pacific) rate is abolished. To and from Canada and New Brunswick, 10 cents per half ounce, irrespective of distance. To and from other British North American Provinces, for dis- tance not over 3,000 miles, 10 cents, over 3,000, 15 cents. For every additional half ounce, or fraction of a half ounce, an additional rate is charged. Prepayment is optional on all letters for the British North American Provinces except New- foundland, to which prepayment is compulsory. Persons mailing letters may write on them a request to the postmaster to return if not delivered in any number of days they may choose to mention, and it is the duty of the p.m. to do so. NEWSPAPERS, ETC. Letter postage is to be charged on all handbills, circulars, or other printed matter which shall contain any manuscript writing whatever. Daguerreotypes, when sent in the mail, are to be charged with letter postage by weight. Photographs on cards, paper, and other flexible material (not in cases), can be sent at the same rate as miscellaneous printed matter viz. two cents for each four ounces, or fraction thereof. Photographic albums are chargeable with book postage foul cents for each four ounces, or fraction thereof. 410 POSTAL BATES AXE REGULATIONS. NEWSPAPER POSTAGE. Postage on daily papers to subscribers wnen prepaid quarterly or yearly in advance, either at the mail- ing office or office of delivery, per quarter (three months), 35 cents ; six times per -week, per quarter 30 cents ; for tri-weekly, per quarter 15 cents ; for semi-weekly, per quarter 10 cents ; for weekly, per quarter 5 cents. Weekly newspapers (one copy only) sent by the publisher to actual subscribers within the county where printed and pub- lished,/?*^. Postage per quarter (to be paid quarterly or yearly in advance) on newspapers and periodicals issued less frequently than once a week,, sent to actual subscribers in any part of the United States : Semi-monthly, not over 4 oz. 6 cents ; over 4 oz. and not over 8 oz. 12 cents ; over 8 oz. and not over 12 oz. 18 cents ; monthly, not over 4 oz. 3 cents ; over 4 oz. and not over 8 oz. 6 cents ; over 8 oz. and not over 12 oz. 9 cents; quarterly, not over 4 oz. 1 cent ; over 4 oz. and not over 8 oz. 2 cents ; over 8 oz. and not over 12 oz. 3 cents. TRANSIENT MATTER. Books, not over 4 oz. in weight, to one address, 4 cents ; over 4 oz. and not over 8 oz. 8 cents ; over 8 oz. and not over 12 oz. 12 cents ; over 12 oz. and not over 16 oz. 16 cents. Circulars, not exceeding three in number, to one address, 2 cents ; over three and not over six, 4 cents ; over six and not over nine, 6 cents; over nine and not exceeding twelve, 8 cents. On miscellaneous mailable matter, (embracing all pamphlet, occasional publications, transient newspapers, hand-bills and posters,. book manuscripts and proof-sheets, whether corrected or not, maps, prints, engravings, sheet music, blanks, flexible pat- terns, samples and sample-cards, phonographic paper, lettei envelopes, postal envelopes, or wrappers, cards, paper, plain or ornamental, photographic representations of different types, seeds, cuttings, bulbs, roots, and scions,) the postage to be pre- paid by stamps, is, on one package, to one address, not over 4 oz. in weight, 2 cents ; over 4 oz. and not over 8 oz. 4 cents ; over 8 oz. and not over 12 oz. 6 cents; over 12 oz. and not over 16 oz. 8 cents. The weight of packages of seeds, cuttings roots and scions, to be franked, is limited to thirty-two ounces. POSTAL MONEY OKDEB SYSTEM. 411 [AH printed matter (except single copies of newspapers, tnaga- tines and periodicals to regular subscribers) sent via overlan^ mail, is to be charged at letter postage rates.] Any word or communication, whether by printing, writing, marks or signs, upon the cover or wrapper of a newspaper, pamphlet, magazine, or other printed matter, other than the name and address of the person to whom it is to be sent, and the date when subscription expires, subjects the package to letter postage. LETTER POSTAGE TO FOREIGN COUNTRIES. For each half ounce : To England, Ireland, and Scotland, 24 cents ; to France and Algeria, by French mails, 15 cents quarter ounce. By the Bremen or Hamburg mails, the postage to Bremen and Hamburg is 10 cents; to Frankfort and Wurtemburg, 15 cents; to the German States, Prussia, Austria, and its States, and Lornbardy, 15 cents ; to the Sardinian States, 23 cents ; to Papal States, 28 cents ; to the Two Sicilies, 22 cents ; to Denmark, 20 cents ; to Sweden, 33 cents ; to Norway, 38 cents ; to Russia, 29 cents. By the Prussian closed mails, or by French mail, the postage to these countries is higher. The prepayment of letters to them, except' ing to the Two Sicilies, is optional ; as also to Canada and the British North American States, where the postage is 10 cents un- der 3,000 miles, and 15 cents over. To the following, postage must be prepaid : To British West Indies, Aspinwall, Panama, and Mexico, 10 cents under 2,500 miles, 20 cents over ; to New Granada, 18 cents ; to Peru, 22 cents ; to Ecuador, Bolivia, and Chili, 34 cents; to Sandwich Islands, New South Wales, and China, by mail to San Francisco, thence by private ship, 10 cents ; to China and Australia via England, 33 and 45 cents, via Mar- seilles, 35 and 57 cents. Postal Money Order System, How TO OBTAIN MONEY ORDERS. Orders may be given at any office authorized to transact this business, for one dollar up to fifty dollars. The following blank, with explanatory note* Which accompany it, gives a very plain idea of the process by Which orders may be obtained : 412 POSTAL MONET ORDER SYSTEM. Application for Itf&ney Order. (To be filled up by the applicant.) No. , Amount, $ . Date, , , 186. Money Order. Required for the sum of $ , payable at , State of . Payable to , residing at , State of . Sent by , residing at , State of . Entered in register. , Postmaster. NOTE. The applicant must, in all cases, give his own Chris- tian name in full ; and when the Christian name of the payee is known, it should be so stated ; otherwise initials may be used. The Christian names of married women must be given, and not those of their husbands. Names of parties and places, and the sums, to be written in the plainest possible manner. As there are several places of the same name in the United States, remitters must be careful to indicate which of them they mean ; and the Postmaster will satisfy himself before writing out the order, that the place indicated is the one intended. On the back of the application are the rates of commission, as follows : RATES OP COMMISSION CHARGED FOR MONEY ORDERS. On orders not exceeding $20 10 cents. Over $20 and not exceeding $5025 cents. No single order issued for less than $1 or more than $50 ; and no fraction of cents to be introduced in an order. No orders to be issued on credit. These orders are only payable by the Postmaster at the office upon which it is drawn. Payment of all orders should be ob- tained before the expiration of ninety days from the date of issue. The Post Office Department will not be responsible for the payment of claims already collected, no matter who presents the order, and if the official forms be mutilated in any way, there may be difficulty in obtaining payment. Instructions are endorsed on the back of each order, which will enable parties to proceed in the business intelligently. CUSTOM-HOUSE REGKJLATTOISrS. Manifests of Ships Foreign and American Vessels Ton- nage Duties Coasting Trade and Fisheries Arrivals and Clearances Entry of Goods at Custom-house Ware- housing Goods- 1. Vessels of the United States coming from foreign ports. No vessel from a foreign port can enter and discharge her cargo except at one of the ports of entry or delivery established by Congress. No goods can be brought into the United States from a foreign port, in any vessel belonging in whole or in part to a citizen of the United States, unless the master of such vessel shall have on board a written manifest, signed for him, containing, 1st. The name of the place where the goods were taken on board and also that to which they are con- signed ; 2d. The name, description, and build of the vessel ; 3d. Her tonnage and the names of the owner and master ; 4th. A particular account of the goods and the names of the parties to whom they arc consigned, which must correspond with the bills of lading ; and, 5th. The names of the passengers and a description of their baggage, and & statement of the remaining stores, if any. All merchandise not included in the manifest is forfeited, and may be seized by the custom officers. The master of the vessel, on his arrival in port, must deliver a copy of the manifest to the first officer of the customs who may come on board ; this officer certifies to its receipt on the original manifest, which the master must deliver to the collector of the port. If the original be shown without such certificate, the master must swear that no copy was called for by the officers. After the visit of the first officer, it is sufficient to show the original, with the endorsements, to other officers. Any vessel from a foreign port, unloading goods within four leagues of the United States coast, or within the limits of any district of the United States, without authority from the officers of the port, the master and mate of such vessel forfeit one thousand dollars each for each offence, and the goods themselves are forfeited to the Government, and may be seized by the custom officers except such unloading arise from accident, necessity, or stress of weather which fact must be made known to the collector, and proved under oath by the master mato, and one other officer or mariner. (413 414 CUSTOM-HOUSE EEGULATIONS. Any master refusing to exhibit the manifest, or delivering a true copy of the same to the proper officer, or neglecting or refusing to inform such officer of the true destination of the vessel, is finable in the sum of five hundred dollars for each offence. It is the duty of the master of every American vessel from a foreign port to have his manifest made out at the time of leaving such port. The tune of lading is the most proper for making out a manifest of the cargo. The master is finable in the sum of five hundred dollars if his manifest is not ready to exhibit to any custom officer who may board his vessel within four leagues of the coast In case any package reported in the manifest be not found on board ; in case the merchandise do not perfectly agree with the manifest ; in case the master cannot prove, to the satisfaction of the collector and naval officer of the port, or, when on trial, to the satisfaction of the court, that no part of the merchandise of the vessel has been unladen since it was taken on board, except as specified in the manifest, or that the disagreement is owing to accident or mistake, he is liable to a fine of five hundred dollars. If any part of the cargo of a vessel be unladen before entry, and received on another vessel or boat, except in case of accident, neces- sity, or stress of weather, which must be duly notified and proved, the person in charge of such vessel or-boat, and all who aid or assist him, forfeit three times the value of the merchandise, and the boat also. On the arrival of a vessel from a foreign port, the master is required to exhibit a certified copy of his crew-list to the first boarding officer, who must examine and compare the list with the men on board, and report to the collector, who will transmit a copy of such list to tho collector of the port from which the vessel originally sailed. The master of a vessel coming from a foreign port is also required, before the vessel can be entered, to exhibit to the collector a true account of the number of seamen employed on board since her last entry at any port of the United States, and pay the collector twenty cents per month for every seaman so employed. In every vessel of the United States engaged in foreign trade tho officers and two-thirds of the crew must be citizens of the United States, or not the subjects of any foreign power. The master of any vessel arriving at any port of the United Statea from a foreign country, must at the time of delivering the manifest of his cargo, als? deliver a list of all passengers taken on board the vessel CUSTOM-HOUSE EEGULATIONS. 415 at any foreign port, and this list must specify the ages, sex, and occu- pation of each, the part of the vessel occupied by them, the countries to which they severally belong, the country or state of which they intend to become inhabitants, and whether any and what number har died during the .voyage. Before an entry can be made the register or other document in lieu of register, and the clearance and other papers granted by the officers of customs to the vessels at the port of departure (except Mediterra- nean passports), must be deposited with the collector and remain in his office till a clearance is granted. He must also declare under oath whether any of his crew have been employed or detained by any foreign power. A foreign duty of ten cents per ton of the measurement of all ships, vessels, or steamers coming into the United States from any foreign port or place, is by the Act of July 14th, 1862, collectable, and must be paid to the collector at the time of entry. It is provided, however, that this tax on tonnage duty shall be paid but once a year on any vessel or steamer having a license to trade between different districts of the United States, or to carry on the bank, whale or other fisheries, while employed therein, or on any vessel or steamer to or from any port in Mexico, the British provinces of North America, or any of the "West India Islands ; and also that nothing contained in this act should impair any rights and privileges which have been or might be acquired by any foreign nation under the laws and treaties of the United States relative to the duty and tonnage of vessels. 2. Foreign vessels entering United States ports. "When a foreign ves- sel comes into a United States port, her registry or other document in lieu thereof, together with the clearance and other papers granted by the officers of customs at her port of departure, must be produced, before entry, to the collector of the port with whom the entry is to made, and the master of the vessel must within forty-eight hours after euch entry, deposit the papers with the consul of the nation to which the vessel belongs, and deliver to the collector the certificate of the consul that the papers have been so deposited, and a failure to do so will be punished by a fine of not less than $500 to $2000. These) papers cannot be returned to the master by the consul, till he brings a clearance in due form from the collector of the port. This regulation does not apply to vessels of foreign nations in whose ports United States consuls are not permitted to have the custody of papers of vessels of the United States entering the ports of such n,atlQa 416 CUSTOM-HOUSE REGULATIONS. Before making entry or breaking bulk of any vessel arriving in any port of the United States, all letters on board such vessel must be delivered into the nearest post-office ; and the collector and other offi- cers of the customs are authorized to examine and search every vessel for letters which may be on board, or have been carried and transported contrary to law. The penalty for breaking bulk before due delivery of all the letters at the post-office, is a fine not exceeding $100. All letters or packages suspected of containing articles liable to duty, whether directed to the owner, consignee, or other persons, must be deposited at the custom-house in charge of an officer of the customs, and notice given to the persons to whom they are directed, to cause the same to be opened in the presence of such officer as the collector may designate for that purpose. Any vessel which having arrived from any foreign port within the limits of any collection district of tho United States shall depart or attempt to depart from the same, before making report or entry, unless to proceed to some more interior district to which she may be bound (i. e. to some district within the inlets of the adjacent country, as Albany from ISTew York, or St. Louis from New Orleans), shall be arrested and brought back by the direction of the custom-house officers, and the master or other person in charge shall forfeit and pay the sum of $400. This seizure and fine shall not, however, be enforced if it is proven that such departure or attempt to depart was occasioned by stress of weather, pursuit, or search of enemies, or other necessity. Within twenty-four hours after the arrival of any vessel from a foreign port within any port of the United States where an officer of tne customs resides, the master must make report of hia arrival to such officer, and within forty-eight hours after arrival he must make a further report, under oath, of all the particulars required to be inserted in the manifest. "Where any vessel has distilled spirits, wines, or teas on board, the master of the vessel must within forty-eight hours after his arrival at a United States port, report in writing, to the surveyor, the foreign port or place from which he last sailed, the name, burden, denomina tion of the vessel, and his own name, to what nation the vessel belongg f and the quantity and kinds of spirits, wines, and teas on board, th number of packages containing the same, with their marks and num- bers, and the quality and kinds of spirits, wines, and teas, on board, fts sea-stores, on pain of forfeiting the sum of $500, and the spirits, etc. o omitted. The master or other person in command, who neglects or CUSTOM-HOUSE HEGUUtTIONS. 417 omits to make said reports or either of them, and the declaration or declarations, or to take the oath above required, forfeits and must pay for each offence the sum of $1000. "War vessels and vessels employed only as mail packets, and not for the transportation of merchandise in the way of trade, are not required to report and enter on their arrival in the United States. Vessels having a cargo which shall appear from the manifest to be destined for any foreign port or place, coming voluntarily into a United States port, are not required to pay or secure the duties upon such of the merchandise as shall be so reexported in the same vessel ; but the master or person in charge of the vessel is required first to give bond to the satisfaction of the collector, with one or more sureties ir a sum equal to the estimated amount of the duties on the merchan- dise on board, that no part of the cargo shall be landed within the United States unless the entry shall first be made and the duties paid or secured according to law. Where merchandise brought from a foreign port is destined for several different ports or collection districts (as for instance on the Mississippi river), the vessel may proceed from district to district, in order to the landing or delivery thereof, the duties on such goods only as are landed or delivered in any district to be paid or secured in such district ; but the master of the vessel must procure from the collector of each district a copy of the report and manifest, certified by said collector, to which must be annexed a certificate of the quantity and particulars or the goods landed within his district, or of the goods remaining on board upon which duties are to be paid or secured, in some other district, and failing to do this or to exhibit it to the collec- tor of the district to which he may next proceed within forty-eight hours after his arrival, he will incur a penalty of $500. "Where a vessel from a foreign port is compelled by stress of weather or other necessity to put into a port or place other than that of her destination, and is compelled to unlade partly or wholly in consequence of injury of the vessel or the perishable character of her cargo, or any other necessity, the master or other person in charge, together with the mate, must make protest in the usual form upon oath, before the collector of the district or other person duly authorized, setting forth the causes or circumstances of such necessity, within twenty-four hours after his arrival, or if not made before such officer then to be produced to him and a copy lodged with him subsequently ; and thereupon a survey being made at the collector's order by port wardens or othe* 418 CUSTOM-HOUSE REGULATIONS. officers accustomed to ascertain the condition of vessels arriving in distress, or if there are no such officers, by the certificate of two reputable merchants, to be named by the collector /or that purpose, the collector or naval officer will grant a permit to unlade so much of the cargo as may be necessary, and appoint an inspector to oversee the unlading and keep an account thereof, to be compared with the report of the master of the vessel ; and the merchandise so unladen will be stored under the direction of the collector. Such portion of the cargo as may be of a perishable nature, or as may be necessary to defray the expenses of the vessel and her unlading, may be entered and the duties paid thereon by permission of the collector or naval officer, when there is one, and the remainder be reladen on board the vessel subject only to the charges for storage and safe keeping and the fees of the officers, as in other casen. 3. Clearance of Vessels for Foreign Ports. Before a clearance can be granted to a vessel bound for a foreign port, the owners, shippers, or consignees of the cargo on board thereof, must deliver to the collec- tor, under oath, manifests of the parts thereof shipped by them respec- tively, and that the ^ alues of the articles are truly stated according to their actual cost. The manifest must also specify the kind and quali- ties of the articles, and the value of the total quantity of each article. The master of such vessel before obtaining a clearance must also deliver to the collector under oath a manifest of all the cargo, and the value thereof, and must state on oath the foreign place for which the cargo is destined. He must also deliver to the collector a list contain- ing the names, places of birth, and residence, and a description of the persons who compose his ship's company, to which list the oath or affirmation of the captain shall be annexed ; and the collector must deliver to him a fair and certified copy of said list in one uniform Handwriting without erasure or interlineation. He must also enter into bond with sufficient security, in the sum of $400, that he will exhibit the certified copy of his list to the first boarding officer at the first port of the United States at which he shall arrive on his return thereto, and then and there produce or account for the persons named therein, to the boarding officer. The owners of a vessel bound on a foreign voyage, must obtain, before a clearance can be granted, from the collector of the district, a true and certified copy of the shipping-articles, containing the narnea of the crew, written in a uniform hand without erasures or interline* ttona. CUSTOM-HOUSE REGULATIONS. 419 The master of a vessel bound to a foreign port, which depaits witl*. out the delivery of its manifest to the collector and without obtaining from him a clearance, is subject to a fine of $500. Clearance of a vessel, having on board goods liable to inspection under the laws of the State, will not be granted till the master or other proper person produces the certificate of inspection and receipts for the payment of legal fees accruing on the vessel. 4. Regulations of the Coasting Trade and Fisheries. The Acts of Con- gress of March 2d, 1819, and May 7th, 1822, relative to the coasting trade, divide the coast of the United States into three great coasting districts, viz. : 1. Between the eastern limits of the United States and the southern limits of Georgia ; 2. Between the southern limits of Georgia and the river Perdido ; 3d. Between the river Perdido and the western limits of the United States. Vessels licensed for the coasting trade bound from one collection district to another in the same great coasting district or between a State in one and an adjoining State in another great district, having on board goods, wares, or merchandise, of the growth or product of the United States only (except distilled spirits], or distilled spirits not exceeding 500 gallons, or wine in casks not exceeding 250 gallons, or Trine in bottles not exceeding 100 dozens, or sugar in casks or boxes not exceeding 3,000 Ibs., or coffee in casks or bags not exceeding 1,000 Ibs., or tea in chests or boxes not exceeding 500 Ibs., or foreign mer- chandise, in packages, as imported, not exceeding in vame $400, or foreign merchandise of any kind, including any or all of the articles before mentioned, the aggregate value of which does not exceed $800, the duties upon which have been paid or secured, may proceed from one place to another within the limits aforesaid, without delivering a manifest of their cargo, or obtaining a permit to depart from any officer of the customs. The master of such vessel is also exempted from making report or entry on his arrival at any port or place within the limits specified ; but he may be required by any officer of the customs to exhibit the manifest signed by himself, and to give true information whence the vessel last sailed, and how long she has been in port. The master of such vessel bound as above specified, and carrying a larger amount of foreign merchandise, or of distilled spirits, than tho quantities or value above mentioned, must previous to the departure of the vessel, make out and subscribe duplicate manifests of the whole cargo on board ; and if there be a collector of the customs or surveyor wkhm five miles of the port where the vessel may be he must make 420 CUSTOM-HOUSE REGULATIONS. oath to the truth of such manifest, and that the duties on the ioreign articles haye been paid or secured, according to his best knowledge and belief ; and on the arrival of the vessel at its port of destination, he must within twenty-four hours, if there is a collector or surveyor within five miles of the port, and within forty-eight hours if the dis- tance is greater, and in either event before unlading any part of hia cargo, exhibit and deliver to the collector or surveyor of the district, \ the certified manifest above specified, or if he has no certified manifest, . then the duplicate manifest of his cargo, and in either case must make oath to its truth. On receiving this manifest, the collector or surveyor will grant a permit for unlading a part or the whole of the cargo as may be required ; but in case a part of the cargo only is to be dis- charged, the collector or surveyor will endorse the articles so discharged on the manifest, and grant a permit to the master to proceed with the vessel to the place of her further destination. If a master of a vessel employed in transporting goods coastwise, puts into a port other than that to which he is bound, he must within twenty-four hours after his arrival if he continues so long, report to the principal officer of the port his arrival, the place whence he came, and where he is bound, with an account of the lading on board his vessel. "When the certified manifest of the cargo of a coasting vessel has been lost or mislaid, the master of the vessel will be required to give bond for the payment within six months of the duties on the articles of foreign growth, or distilled spirits, as though said articles had been imported from a foreign country; but this bond may be canceled within six months by his producing a certificate from the collector or eurveyor of the port from which he sailed, that euch articles were legally exported in such vessel from said district. Merchandise taken in at one port in the United States to be conveyed to another port within the same, under the provisions of the ware- housing laws, as well as foreign duty-paid goods, are not to be held subject to duty by reason of the vessel having touched at a foreign port during the voyage ; but the bond for the return of seamen and the crew-list are required, the same as in vessels bound on a foreign voyage. All boats, sloops, or other vessels of the United States navigating the waters on the northern, north-eastern, and north-western frontiers of the United States are required to be enrolled and licensed, in such form as shall be prescribed by the Secretary of the Treasury. CUSTOM-HOTJSE REGULATIONS. 421 5. Synopsis of Laws regulating the Coasting Trade. Vessels ol twenty tons and upward must be enrolled and licensed ; if leas than twenty tons, licensed only. The license, in every case, is granted for one year, and must ba renewed within three days of its expiration ; or if it expire while tho yessel is absent, within three days after its arrival. The penalty for neglect is $50. Captains are required to exhibit their papers when demanded by an officer of the revenue. The penalty for refusing is $100. Vessels engaged in the coasting trade, without papers, are subjected to foreign tonnage duty ($1 per ton), if laden with American produce or manufactures ; and to forfeiture if laden with foreign merchandise. The name of the vessel must be painted on her stern, with white letters three inches long, on a black ground, under a penalty of $20. Every change of master must be reported to the collector of the port, and endorsed on the license, under a penalty of $10 to the new master. Vessels laden with foreign merchandise, or distilled spirits, must have duplicate manifests, and procure a permit before unlading ; pen- alty, $100. Also, on arrival from any port south of Georgia, whether laden with foreign or American produce. A -**8sel trading with any district, or between any two or more dis- trict north of the southern limits of Georgia, if laden wholly with American produce or manufactures, except distilled spirits, is not re- quired to enter or clear ; but must be provided with a manifest, under a penalty of $20 ; or if any part of her cargo be foreign produce, to a penalty of $40. Any refusal of a master to answer the inquiries of a revenue officer subjects him to a penalty of $100. The enrollment and license expire whenever there is any change of owner or alteration in the rig or size j and it must be reported to the collector of the port, under the penalty of the forfeiture of the vessel. Boats and lighters not being masted, or if masted, not decked, exclusively employed in the harbor, are not required to comply with the foregoing regulations. 6. Regulatiom in regard to Tonnage Duties on Foreign Veseels. Ves- sels belonging to the following nations are admitted, under the provis- ions of law, treaties of commerce and navigation, or conventions, into the ports of the United States, on the same terms as vessels of the United States, with the produce or manufactures of their own or any other country : 422 CUSTOM-HOUSE REGULATIONS. Argentine Confederation, Austria, Belgium, Brazil, Chili, Denmark. Ecuador, Great Britain and her Possessions, Greece, New Grenada* Guatemala, Hanover, Dukedom of Oldenburg, Dukedom of Mecklen- burg, Schwerin, Hanseatic Towns, Norway, Republic of Peru, Prussia, Russia, San Salvador, Sardinia and Genoa, Two Sicilies, Sweden, Tus- cany, Venezuela, Bolivar, Costa Rica, Mexico, Muscat, Ottoman Empire, Uraguay, and Oriental Republic. Vessels belonging to the following nations are admitted into ports of the United States on the same terms as vessels of the United States, only when laden with the produce of, or manufactures of the country to which the vessel belongs: France, tonnage duty, 94 cents per ton in both countries ; consuls to certify to the origin of the cargo. French vessels from Cayenne, from St. Pierre and Miquelon, but, o French vessel bringing fish from the banks of the British Colony of Newfoundland is not exempt from tonnage duties, or a French vesset arriving in the United States with cargo of fish from the islands Let Petites Oies, is chargeable with tonnage duties. Hawaiian Islands, Pontifical States, Portugal and Colonies, and Spanish vessels from the Canary Islands. Vessels belonging to the following nations, having no reciprocal treaties with the United States, are subject to tonnage and discriminat- ing duty on their cargoes as foreign vessels, whether laden with the produce or manufactures of their own or any other country : Spain. Vessels arriving at ports of the United States from ports of Spain, or her adjacent islands, are to pay, besides the additional or discriminating duty of ten per cent on the cargo, imposed by a section of the tariff act of 1842, a tonnage duty of five cents per ton. Spanish vessels coming from Cuba or -Porto Rico are subject to tonnage duties (from Cuba, $1.50 per ton, and from Porto Rica, 87-fc sents per ton), and ten per cent additional on their cargoes ; and also discriminating and clearance duties equal to those which would be exacted from a United States vessel in the ports of those islands, but vessels from those islands are exempted from tonnage duties when they arrive in United States ports, either in ballast or laden with molasses and fresh fruits from those" islands as surplus stores. Vessels belonging to the following nations pay the tonnage duties specified in the case of each : Borneo. Duty not exceeding one dollar per registered ton, in lieu of all other charges or duties whatsoever, and United States vessels pay Ihe same dutieY CUSTOM-HOUSE REGULATIONS. 423 China. United States vessels entering either of the five ports of Kwangchin, Amoy, Fuchow, Ningpo, and Shanghai pay a tonnage duty of five mace (72 cents) per ton, and Chinese vessels will be admitted to United States ports on payment of the same duty. A Dominican Vessel, that is, belonging to that portion of the island of Hayti, known as the Dominican Republic, is liable to a ton- nage duty of one dollar per ton and no other charges, and United States vessels to Dominican ports pay the same duty. Haytien vessels pay the same duty, and the Haytien Government collects the same from United States vessels. Japan. United States vessels are admitted into the Japanese ports of Simoda and Hakodadi, and can be supplied with wood, water, coal, provisions, and other necessary articles, but only through officers of the Japanese Government, and at such prices as that Government may affix. There are no tonnage duties. Recently, the Japanese Govern- ment, have forbidden any foreigners entering their ports. Loo Choo. The Royal Government of which is Japanese, and be- longs to the Prince of Sat-suma, has similar regulations, except that the price of wood, at $2.58 per thousand cutlies, and that of water, at 43 cents for six barrels full, each of thirty gallons. Siam. American vessels pay only a measurement duty of 1700 ticnls for every 6^ feet in breadth, measured from side to side of the vessel amid-ships, and this duty is not levied when a vessel comes only for refitting, refreshments, or to inquire the state of the market. The Swiss Confederation stands on the footing of the most favored nation, and the manufactures or products of that Confederation coming to American ports in French or American vessels are subject to no discriminating duty. II. ENTRY OF GOODS IMPORTED FROM FOREIGN COUNTRIES. Who may enter goods. All goods must be entered in writing, with tha collector of the district for which such goods are designed, by tho owner or owners, consignee or consignees, or in case of his, her, or their absence or sickness, by his, her, or their known agent or factor, and such agent or factor must before making entry lodge with the col- lector a power of attorney duly authenticated, from the owner or own- ers, consignee or consignees, authorizing him to act in his, her, or their behalf, and such agent must also give bond for the due production of the owner's oath to the invoices. Goods may bo entered cither for consumption or for warehousing. 424 CUSTOM-HOUSE REGULATIONS. Entry of goods for consumption.-^^ following is the form of entry for this purpose : DATE. MARKS AND KUM- BERS. DESCRIP- TION OF GOODS. QUALITY. PER CENT. | PER CENT. | PER CENT. PER CENT. | TOTAL. The different columns headed per cent are intended for the ad valor- urn duties which vary on different articles of merchandise, even in single invoice, and as each column is figured by itself there must be ai many columns as there are rates per cent of duty. The entry being made out in this form, stating in full all the particulars required, mus<fc be presented together with the invoice and bill of lading at the collec- tor's office, to the clerk or clerks . charged with this duty, who will examine the entry by the invoices and bills of lading, and if found correct, will, on the entry, estimate the duties on the invoice value and quantity, certify the invoice and grant a permit in due form for the delivery. The entry and accompanying papers will then be taken to the naval officer, who will make a like examination, and if found cor- rect, will check the entry invoice and permit. The papers must then be taken to a deputy collector, who will administer the oath, and desig- nate the package or packages (one in every ten, and at least one from every invoice), to be sent to the appraisers' store for examination, marking the same on the entry invoice and permit. Should the importer desire to avail himself of the privilege given by the Act of May 28th, 18 SO, and obtain possession of his goods by giving the bond required by the fourth section of that act (giving a bond in twice the value of the goods imported, to produce the goods for examination, in case the contents of the package sent to the appraisers' stores do not correspond with the invoice), he will then give such bond, pay the duties as esti- mated and send his permit to the vessel in which they were imported. To the entry must be attached the proper inland revenne stamp, whieh varies with the value of the invoice, being 25 cents for an invoice of lets than $100 ; 50 cents for an invoice of $100 and less than $500; wxd $1 for invoices over $500. CUSTOM-HOUSE REGULATIONS. 425 By the Act of March 3d, 1863, it was enacted that after the 1st of July, 1863, in all countries this side of the Cape of Good Hope, where American consuls, vice-consuls, or commercial agents were residents, all invoices of goods, wares, and merchandise imported into the United States should be made in triplicate and signed by the person or persons owning or shipping said goods, wares, or merchandise, if the same have actually been purchased, or by the manufacturer or owner thereof, if the same have been procured otherwise than by purchase, for by the authorized agent of such purchaser, manufacturer, or owner, and these three invoices or copies of the same invoice before the ship- ment of the goods must be produced to the consul, vice-consul, or commercial agent of the United States nearest the place of shipment, for the use of the United States, and there must be endorsed thereon when so produced, a declaration signed by the party shipping the goods, setting forth that the invoice was in all respects true ; that it contains (if the goods, wares, or merchandise are subject to duty) a true and full statement of the tune when and place where, the same were purchased and the actual cost thereof, and of all charges thereon ; and that no discounts, bounties, or drawbacks are contained in said invoice, but such as have actually been allowed thereon, and that the currency in which said invoice is made out is the currency which was actually paid for the goods, etc., by the purchaser. If the goods were obtained in any other manner than by purchase, their actual market value at the time and place where they were produced or manufac- tured, and the quantity of the goods if subject to specific duty must be stated, and it must be declared that no different invoice of these goods has been or will be furnished to any one. The party shipping the goods must also inform the consul, vice-consul, or commercial agent at what port of the United States it is intended to make entry of the goods ; and the consul or other officer must thereupon endorse upon each of these triplicates a certificate under his hand and official seal, stating that said invoice has been produced to him with the date, of its production, the name of the person by whom it was produced, and the port in the United States at which it was the declared inten- tion of the shipper to make entry of the goods. He must then deliver one copy to the shipper to forward as the invoice to the consignee 01 owner of the goods ; a second copy is put on file in the consul's office and a third sent by him by the first opportunity to the collector ot t the port for which the goods are destined. All goods from ports tbii eide the Cape of Good Hope must be thus invoiced in triplicate or 420 CUSTOM-HOUSE KEGULATIONS. they cannot be admitted to entry after July 1st, 1863, and all goods from ports beyond the Cape of Good Hope must be thus invoiced in triplicate or they will not be admitted to entry after January 1st, 1864; and the duties on the goods shall not be finally liquidated until the collector of the port shall have received his copy of the invoice from the consul, and compared it with the invoice presented by the owner or consignee, except when such invoice shall be delayed beyond eigh teen minutes, but the importer may, if he chooses, withdraw the goods by giving his bond for twice their value to produce them on the receipt of said invoice, if it differs from that to which he has sworn. The dutiable value of imports is defined as being the actual cost or market value, together with all costs and charges incurred in the country whence the goods are shipped for packing, export duties, con- sular certificates, etc., except insurance for the voyage, and including in every case a charge for commissions at the usual rates. Where goods are entered for immediate consumption, and there is any ground of doubt in regard to the amount of duty to be charged, in consequence of there being specific duties on weight or measure, a deposit is required exceeding by five or ten per cent the highest duty, and the excess, after the entry has passed through the several depart- ments, or, in some cases, has been submitted to the Treasury Depart- ment at Washington, is refunded to the importer. Goods Entered for Warehousing. The following is the form of entry for goods for warehousing. It must be verified by oath or affirmation as in the case of an entry for merchandise for immediate payment of duties. Custom-house Port of , , 186. Entry of merchandise, imported on tJie day of by , in th , master, from . MARKS AND NUM- BEE8. PACKAGES AND CONTENTS. QUALITY. j PER CENT. || 1 1 g 1 1 A 1 I TOTAL. DUTIABLE VALUE OF EACH PACK- AGE. It often occurs that the importer on the arrival of Ms goods may aot wish to put them on the market immediately, either from a glut in the market, the prie<5 of exchange, or some other causa The Govern CUSTOM-HOUSE REGULATIONS. 427 meat provides for this by storing the goods for him, subject to storage charges, etc., and on receiving- from him proper security for the pay ment of duties, allows the goods to remain in warehouse for a period not exceeding a year,* the duties not to be paid until the goods are withdrawn. Merchandise is also frequently imported from one country for exportation to another, and being sent to the warehouse can be ex- ported without the payment of full duties, the drawback on exportation being deducted from the duty. In the case of warehouse goods, too, the exact amount of the dutiea is ascertained, examinations being made, and the invoice being received from the consul at the port whence the goods were shipped. The owner of the goods has the right of designating in which of the gov- ernment warehouses he prefers to have his goods deposited. The order of entry for warehouse is as follows : The entry being offered in the form given above, and passing through the same steps as In the entry for immediate consumption, except that no permit is given and no duties paid, the owner or consignee gives his bond in the gov- ernment Form 105, for a sum fully sufficient to cover the duties, with two sureties. The collector or deputy then designates the packages for. examination, which are sent to the appraisers' stores, and the remainder of the invoice to the bonded warehouse selected by the im- porter, and when the packages at the appraisers' store have been exam, ined they are also sent, at the expense of the importer to the bonded warehouse. "When the importer wishes to withdraw his goods, for consumption, he must present an entry in duplicate, which must bo the game in all particulars with the original entry for warehousing. This entry having been examined and compared with the entry on record, is entered on the books, the warehouse bond number endorsed thereon, and the amount of duties payable entered upon it. It is then taken from the collector's office to the naval office for checking and verifica- tion. The duties having been paid, a permit is issued to the importer for the delivery of the goods. This being done the importer is entitled to have his bond canceled, if the whole of his invoice is withdrawn. Goods may also be withdrawn either for reexportation or transporta- tion in bond to other ports to be rewarehoused there, or entered for consumption. The processes for these purposes are of interest to but few, and require usually for their management the intervention of a custom-house broker. Indeed, in all custom-house transactions of considerable amount, the goods will be obtained more speedily and with less trouble, by tie employment of a reputable custom house broker. 428 PENSIONS. PENSIONS, BOUNTIES, AND ARREARS OF PAY. It is the object of this work to enable the soldier, as well at men in all walks of life, to perform for themselves those acts, and to prepare those forms for obtaining pay, pensions, etc., foi which the legal fraternity are in the habit of charging such ex- orbitant fees. Therefore we give in the following pages, the necessary instructions and forms to enable any man or woman of ordinary intelligence and common sense to procure their own pensions, bounties, or back-pay, without a lawyer's or claim agent's intervention. L PEHSIONS. Pensions are of three kinds : Invalid Pensions, grants of money to persons who become disabled in the service, either by wounds or other injuries received, or by sickness contracted in the line of duty, whereby the sufferer is rendered incapable, in whole or part, of procuring for himself and those dependent upon him a livelihood; Gratuitous Pensions, granted usually at the close of a war or term of service, as a reward for eminent ser- vices rendered, or as evidence of a nation's gratitude to its de- fenders and preservers. In this class of pensions belongs the half-pay, granted to the widows and orphans of those who die of wounds or sickness incurred in the service; and Land Dona- tions, which are sometimes promised at or before the time of en- listment, as an inducement to enter the service, and in other cases are granted as gratuities after the close of a war, to sur- viving officers, soldiers, seanion, &c., and to the widows and orphans of such as have died. These distinctions should be kept m view by all who have occasion to make applications for pen- sions, under any of the acts for granting them. Who are entitled to an Invalid Pension. Ail commissioned and non-commissioned -jmcers of the army PENSIONS. 429 (including regulars, and cadets at West Point, volunteers, ran gers, militia and navy, including the navy proper, sea fencibles, flotilla service, marine corps, and revenue cutters when co-opera' ting with the navy), musicians, privates, marines, seamen, ordinary seamen, and all others, in whatsoever capacity they may have served, who were regularly enlisted or drafted, or who volun- teered; and who, while in the line of duty, were disabled by wounds or sickness, from subsequently procuring a livelihood. A goldier on furlough, if disabled by disease, not his own fault, is en- titled to a pension ; but an officer disabled while on furlough, is not A soldier disabled while under arrest, in confinement for oflenci against military law, or when absent without leave, is not en- titled to a pension ; nor can the family of a soldier, whose death is caused by intemperance while in the service, claim a pension. As no invalid pensions are now likely to be granted for the first time to persons who served in the Revolutionary War, we shall not give any forms for procuring such pensions, but confine ourselves solely to the classes named above. The act of Congress of July 14, 1862, making general provision for the payment of pensions, to invalids of the present war for the Union, and also to the widows, orphans, mothers, and minor sisters of such as have died, or may die or be killed in the line of duty, is so im- portant, that we deem it best to give it in full : An Act to Grant Pensions. Be it enacted l)y the Senate and House of Representatives of the United States of America in Congress assembled. That if any officer, non-commissioned officer, musician or private of the army, including regulars, volunteers, or militia, or any officer, warrant or petty officer, musician, seaman, ordinary seaman, flo- tilla-man, marine, clerk, landsman, pilot or other person in the navy or marine corps, has been, since the fourth day of March eighteen hundred and sixty-one, or shall hereafter \yd disabled by reason of any wound received or disease contracted while in the service of the United States and in the line df duty, he shall, upon making due proof of the fact, according to such forms and regulations as are or may be provided by or in pursuance of law, be placed upon the list of invalid pensioners of the United States. and be entitled to receive, for the highest rate of disability, such pension as is hereinafter provided in such cases, and for an in- ferior disability an amount proportionate to the highest disability. 430 PENSIONS. to commence as herein alter provided, and con tinned during the existence of such disability. The pension for a total disability for officers, non-commissioned officers, musicians and privates employed in the military service of the United States, whether regulars, volunteers or militia, and in the marine corps, shall be as follows, viz : lieutenant-colonel and all officers of a higher rank, thirty dollars per month; major, twenty-five dollars per month ; captain, twenty dollars per month ; first lieutenant, sev- enteen dollars per month ; second lieutenant, fifteen dollars per month ; and non-commissioned officers, musicians and privates, eight dollars per month. The pension for total disability for offi- cers, warrant or petty officers, and others employed in the naval service of the United States, shall be as follows, viz : captain, commander, surgeon, paymaster and chief engineer, respectively, ranking with commander by law, lieutenant-commanding and master-commanding, thirty dollars per month ; lieutenant, sur- geon, paymaster and chief engineer, respectively, ranking with lieutenant by law, and passed assistant surgeon, twenty-five dollars per month ; professor of mathematics, master, assistant surgeon, assistant paymaster and chaplain, twenty dollars per month; first assistant engineers and pilots, fifteen dollars per month ; passed midshipman, midshipman, captain's and pay- master's clerk, second and third assistant engineer, master's mate and all warrant officers, ten dollars per month ; all petty officers and all other persons before named employed in the naval service, eight dollars per month ; and all commissioned officers, of either service, shall receive such and only such pension as is herein pro vided for the rank in which they hold commission. SEC. 2. And &<? it further enacted, That if any officer or other person named in the first section of this act, has died since the fourth day of March, eighteen hundred and sixty-one, or shall hereafter die, by reason of any wound received or disease con- tracted while in the service of the United States and in the line of duty, his widow, or if there be no widow, his child or children under sixteen years of age, shall be entitled to receive the same pension as the husband or father would have been entitled to, had he been totally disabled, to commence from the death of the 1 is- baud or father, and to continue to the widow during her widow- hood, or to the child or children until tliey severally attain the age of sixteen years, and r.o longer. SEC. 3. And le it further enacted, That where any officer or other person named in the fi.rst section of this act, shall have died subsequently to the fourth of March eighteen hundred and sixty-one, or shall hereafter die by reason of any wound received or disease contracted while in the service of the United States und in the line of duty, and has not left or shall not leave a wid- ow nor legitimate child, but has left or shall leave a mother who PENSIONS. 431 was dependent upon him for support, ir whole or in part, the mother shall be entitled to receive the same pension as such officer or other person would have been entitled to had he been totally disabled; -which pension shall commence from the death of the officer or other person dying as aforesaid; Provided, however. That if such mother shall herself be in receipt of a pension as a widow, in virtue of the provisions of the second section of tbis act, in that case no pension or allowance shall be granted to her on account of her son, unless she gives up the other pension or allowance: And provided further, That the pension given to a mother on account of her son shall terminate on her re-marriage: And provided further, That nothing shall be so construed as to entitle the mother of an officer or other person dying, as aforesaid, to more than one pension at the same time, under the provisions of this act. SEO. 4. And be it further enacted, That when any officer or other person named in the first section of this act shall have died subsequently to the fourth day of March, eighteen hundred and sixty-one, or shall hereafter die, by reason of any wound received or disease contracted while in the service of the United States and in the line of .duty, and has not left or. shall not leave a wid- ow, nor legitimate child, nor mother, but has left or may leave an orphan sister or sisters, under sixteen years of age who were dependent upon him for support, in whole or in part, such sister or sisters shall be entitled to receive the same pension as such officer or other person would have been entitled to had he been totally disabled ; which pension to said orphan shall commence from the death of the officer or other person dying as aforesaid, and shall continue to the said orpkans until they severally arrive at the age of sixteen years, and no longer : Provided, however, That nothing herein shall be so construed as to entitle said orphans to more than one pension at the same time under the provisions of this act: And provided farther, That no moneys shall be paid to the widow or children, or any heirs of any de- ceased soldier on account of bounty, back pay or pension, who have in anyway been engaged in, or who have aided or abetted the existing rebellion in the United States: but the right of such disloyal widow or children, heir or heirs of such soldier, shall be vested in the loyal heir or heirs of the deceased, if any there be. SEO. 5 And he it further enacted, That pensions which may b* granted, in pursuance of the provisions of this act, to persons \vho may have been, or shall be, employed in the military of naval service of the United States, shall commence on the day of the discharge of such persons in all cases in which the application for such pensions is filed within one year after the date of said discharge; and in cases m which the application is not tiled 432 PENSIONS. during said year, pensions granted to persons as aforesaid shal commence on the day of the filing of the application. SEO. 6. And be it farther enacted, That the fees of agents and attorneys, for making out and causing to be executed the papers necessary to establish a claim for a pension, bounty and other allowance, before the Pension Office under this act, shall not ex- ceed the following rates : For making out and causing to be duly Executed a declaration by the applicant, with the necessary affida- vits, and forwarding the same to the Pension Office, with the requisite correspondence, five dollars. In cases wherein additional testimony is required by the Commissioner of Pensions, for each affidavit so required and executed and forwarded (except the affidavit of surgeons, for which such agents and attorneys shall not be entitled to any fees), one dollar and fifty cents. SEC. 7. And be it further enacted, That any agent or attorney who shall, directly or indirectly, demand or receive any greater compensation for his services under this act than is prescribed in fche preceding section of this act, or who shall contract or agree to prosecute any claim for a pension, bounty or other allowance under this act, on the condition that he shall receive a per centum upon, or any portion of the amount of such claim, or who shall wrongfully withhold from a pensioner or other claimant the whole or any part of the pension or claim allowed and due to such pensioner and claimant, shall be deemed guilty of a high misdemeanor, and upon conviction thereof shall, for every such otTence, be fined not exceeding three hundred dollars, or im- prisoned at hard labor not exceeding two years, or both, accord- ing to the circumstances and aggravations of the offence. SEC. 8. And be it further enacted, That the Commissioner of Pensions be, and he is hereby empowered to appoint, at his dis- cretion, civil surgeons to make the biennial examinations of pen- sioners which are or may be required to be made by law, and to examine applicants for invalid pensions, when he shall deem an examination by a surgeon to be appointed by him necessary, and fche fees for each of such examinations, and the requisite certifi- cate thereof, shall be one dollar and fifty cents, which fees shall be paid to the surgeon by the person examined, for which ha eliall take a receipt, and forward the same to the Pension Ofnce; , and upon the allowance of the claim of the person examined, the Commissioner of Pensions shall furnish to such person an ordei on the Pension Agent of his State for the amount of the sur- geon's fees. BEXJ. 0, And le it further enacted, That the Commissioner of Pensions, on application made to him in person or by letter bf any claimants or applicants for pension, bounty or other allow- ance required by law to be a<lju.Hted and paid by tha Pension f ahatt. furwili such, claimants, free of all expense or charge PENSIONS. 433 to diem, all such printed instructions and forms as inaj be neces- sary in establishing and obtaining such claim ; and in case such claim is prosecuted by an agent or attorney of such claimant 01 applicant, on the issue of a certificate of pension or the granting of a bounty or allowance, the Commissioner of Pensions shalJ forthwith notify the applicant or claimant that such certificate has been issued or allowance made, and the amount thereof. SEC. 10. And 1)6 it further enacted, That the pilots, engineers, sailors and crews upon the gunboats and war vessels of the United States who have not been regularly mustered into th service of the United States, shall be entitled to the same bounty allowed to persons of corresponding rank in the naval service, provided they continue in service to the close of the present war ; and all persons serving as aforesaid, who have been or may be wounded or incapacitated for service, shall be entitled to re- ceive for such disability the pension allowed by the provisions of this act, to those of like rank, and each and every such person shall receive pay according to corresponding rank in the naval service : Provided, That no person receiving pension or bounty under the provisions of this act shall receive either pension or bounty for any other service in the present war. SEC. 11. And "be it further enacted, That the widows and heirs of all persons described in the last preceding section who have been or may be employed as aforesaid, or who have been or may be killed in battle, or of those who have died or shall die of wounds received while so employed, shall be paid the bounty and pension allowed by the provisions of this act, according to rank, as provided in the last preceding section. SEC. 12. And l>e it further enacted, That the Secretary of the Interior be and he is hereby authorized to appoint a special agent for the Pension Office, to assist in the detection of frauds against the pension laws, to cause persons committing such frauds to bo prosecuted, and to discharge such other duties as said Secretary may require him to perform ; which said agent shall receive for his services an annual salary of twelve hundred dollars, and his actual travelling expenses incurred in the discharge of his duties shall be paid by the Government. SEC. 18. And be it further enacted, That all acts and parts of acts inconsistent with the provisions of this act be and the same are hereby repealed. 434 REGULATIONS FOB OBTAINING PENSIONS. REGULATIONS AND FORMS FOR OBTAINING PEN- SIONS FOR INVALIDS, REGULARS, VOLUNTEERS, . OR MILITIA. 1. Regulations. All persons applying for pensions by reason of disability, in- curred in the line of duty while in the military service of tha United States, must make a declaration, unde*r oath (or affirma- tion), before some court of record, or before a judge or clerk of such court, setting forth the age and residence of the claimant ; (ho service in which he was engaged ; the time, place, and man- ner of incurring the disability alleged, with its precise character ; and the date of his discharge ; together with a statement of his residence and occupation since leaving the service. In support of the averments of such declaration, the following rules must be observed in presenting the testimony : 1. The claimant's identity must be proved by two witnesses, certified by a judicial officer to be respectable and credible, who are present and witness the signature of the declaration, and who state upon oath (or affirmation) their belief, either from per- sonal acquaintance or for other reasons given, that he is the identical person he represents himself to be. 2. The applicant must, if in his power, produce the certificate of the captain, or of some other commissioned officer, under whom he served, distinctly stating the time and place of the said applicant's having been wounded, or otherwise disabled, and the nature of the disability ; and that the disability arose while he was in the service of the United States, and in the lino of his duty. 3. If it be impracticable to obtain such certificate, by reason of the death or removal of said officers, it must be so stated in the declaration of the applicant, and his averment of the fact proved by persons of known respectability, who must state particularly all the knowledge they may possess in relation to such death or removal. Then secondary evidence can be received. In such case the applicant must produce the testimony of at least two credible witnesses (who were in a condition to know the facts about which they testify) whose good character must be Touched EEGULATIOKS FOR OBTAINING PENSIONS. 436 fot by a judicial officer, or by some ono known to the Depart- ment. These witnesses must give a minute narrative of the facts in relation to the matter, and must show how they obtained a knowledge of the facts to which they testify. 4. The surgeon's certificate of discharge should show the char- acter and degree of the claimant's disability, but when that is wanting, and when the certificate of an army surgeon is not at- tainable, the certificate of two respectable civil surgeons will be received, in accordance with the form F. These surgeons must give, in their certificate, a particular description of the wound, injury, or disease, and specify how and in what manner his pres- ent condition and disability are connected therewith. The degree of disability must also be stated. 5. The habits of the applicant, and his occupation since he lof* the service, must be shown by at least two credible witnesses. 6. All evidence should be verified by oath, before a judge of the United States Court, or some judge or justice of the peace, or other officer of a State having authority to administer oaths for general purposes; and, if verified before an officer of any State, his official character must be duly authenticated ; and such officer must, in all cases, certify that he is not interested in the prosecu- tion of the claim. 7. Attorneys for claimants must in all cases have proper authority from those in whose behalf they appear. Powers of attorney must be signed in the presence of two witnesses, and acknowledged before a duly qualified officer whose official char- acter must bo properly shown. The subjoined forms will guide applicants for pensions of the army branch, and must be exactly followed in every instance. N"o attorney or applicant will be regarded as having filed the necessary declaration and affidavit unless the forma as well as the foregoing instructions are strictly complied with. SUPPLEMENTARY ACTS. Act of July 4, 1864. Various Supplementary Acts have been passed by tie Act of July 14, 1862, modifying in gome particulars the provisions of previous legislation. By the Act of July 4, 1884, it is provided that biennial exami- nations will hereafter be made by one surgeon only, if he is regu larly appointed, or holds a surgeon's commission in the army Examinations by unappointed civil surgeons will not be accepted, unless it can be shown that an examination by a commissioned or duly appointed surgeon is impracticable. INCREASED PENSIONS IN CERTAIN CASES. A pension of twenty- five dollars per month is granted to those having lost both hands or both eyes in the military service of the United States, in the line of duty, and twenty dollars per month to those who under the same conditions shall have lost both feet, if such parties were entitled to a lower rate of pension under the Act of 1862. This higher pension will elate only from the 4th day of July, 1864, in case of pensioners already enrolled, or of applicants discharged prior to that date. EVIDENCE OF MUSTER-IN. In accordance with the llth Sec- tion of the Act of July 4, 1864, evidence of the muster-in of the soldier will not be required in any case, but there must be positive record evidence of service. Evidence of muster in the case of commissioned officers is still required. Act of June 6, 1866. The supplementary pension act, approved June six, eighteen hundred and sixty-six, provides increased rates of pensions over those granted by the act of July fourteen, eighteen hundred and sixty-two, in the following cases, viz : 1, Twenty-five dollars per month to all those invalids entitled, under the act of July fourteen, eighteen hundred and sixty-two, to a lower rate of pension, on account of service rendered since March four, eighteen hundred and sixty-one, "who shall have lost the sight of both eyes, or who shall have lost both hands, or been permanently and totally disabled in the same, or otherwise so permanently and totally disabled as to render them utterly SUPPLEMESTAIIY ACTS. 437 Helpless, or so nearly so as to require the constant personal aid and attendance of another person." 2. Twenty dollars per month to those invalids who, being en- titled under like conditions to a lower rate of pension, " shall have lost both feet, or one hand and one foot, or been totally and Eermanently disabled in the same, or otherwise so disabled as to e incapacitated for performing any manual labor, but not so much so as to require constant personal aid and attention.' 1 8. Fifteen dollars per month to those invalids who, under like conditions, fc ' shall have lost one hand or one foot, or been totally and permanently disabled in the same, or otherwise so disabled as to render their inability to perform manual labor equivalent to the loss of a hand or a foot." In order to obtain the benefits of the foregoing provisions, pensioners already enrolled will file an application in accordance with form F, appended hereto. Proof in addition to that on file with the previous application need not be forwarded except as shall be specially required in each case, after the application is received. The applicant need only be examined by a pension surgeon when expressly required, on due notice from this office. Applicants not already pensioned, who believe themselves entitled to the benefit of the foregoing provisions, will specifically set forth such claim in their declarations, carefully stating the nature of the disability on account of which such higher rate of pension is claimed. The declaration must be made before some officer of a court of record, or before a pension notary designated by this office, as provided by the third section of the act of July four, eighteen hundred and sixty-four. The above specified increased rates of pension will be allowed only to those disabled since the fourth day of March, eighteen hundred and sixty-one, and will date only from the sixth clay of June, eighteen hundred and sixty-six. TEAMSTERS, ARTIFICERS, AND OTHER ENLISTED MEN, not em- braced in the terms of the act of July fourteen, eighteen hundred and sixty-two, or of acts supplementary thereto, are, by the tenth section of the act of June six, eighteen hundred and sixty-six, included, in the administration of the pension laws, in the class of noii-commisaioncd officers and privates. MINOR CHILDREN TO BE PENSIONED, IN CERTAIN CASES, IN- STEAD OF THE WIDOW. The eleventh section provides that when any widow, entitled to a pension under previous acts, haa abandoned the care of a child or children of her deceased hus- band, under sixteen years of age, " or is an unsuitable person,, by reason of immoral conduct, to have the custody of the same," the pension shall be paid to the duly authorized guardian of such 438 SUPPLEMENTARY ACTS. child, or children, while under the age of sixteen years, and not to the widow. The proper proof in such case, as provided by this section, is the certificate of the judge of any court having probate jurisdiction "that satisfactory evidence has been produced before such court" to the effect above indicated. In preamtiDg an application under this section, the guardians of the minor child or children will make a declaration in accordance ivith the appended form G. PENSIONS GRANTED TO DEPENDENT FATIIEI18 AND TO DE- FSNDENT OKFIIAN BROTHERS. By the twelfth section the pro- visions of the act of July fourteen, eighteen hundred and sixty- two, are extended so as to include the dependent brother or orothers of a deceased officer, soldier, or seaman, and the depen- dent father of such deceased persons, under like limitations as apply in the case of dependent sisters and mothers ; but not more than one pension is granted on account of the same persoa, or to more than one of said classes. The forms prescribed for the lat ter cases may be used, with obvious variations, in applications made by dependent fathers or on. behalf of dependent brothers. LIMITATIONS AS TO NUMBER AND DATE OF PENSIONS. The thirteenth section declares that but one pension shall be granted to any person at the same time ; and that when application is not made within three years after the death or discharge of tho party on whose account a pension is claimed, such pension, if allowed, "shall commence from the date of filing the last papei in said case by the party prosecuting the same." This limitation applies to all classes of pensions. EVIDENCE OF MARRIAGE OF COLORED APPLICANTS. The fourteenth section provides that habitual recognition of the mar- riage relation between colored parties that is, in the absence of the usually required proof when shown by " proof satisfactory to the Commissioner of Pensions," shall be accepted as evidence of marriage, and the children of such parties shall be regarded as if born in lawful wedlock. When the usual proof of marriage can be furnished, it will be required as heretofore. When only evidence of cohabitation and mutual recognition can be adduced, as provided in this section, the, testimony of two credible and disinterested witnesses will be required, who must state how long they have been personally acquainted with the parties, and foi how long a period the latter are known to have recognized each other as man and wife. If such acquaintance is deemed to be of too recent date to warrant the acceptance of this testimony, or if there is reason to doubt, in any instance, that the marriage rela- tion existed in good faith, more specific, instructions will bo issued, adapted to the circumstances of the particular case. SUPPLEMENTARY ACTS. 439 Act of July 25, 1866. PROVOST MARSHALS, ENROLLING OFFICERS, AND OTHERS EN- TITLED TO THE BENEFITS OF THE PENSION LAWS. The first sec- tion of the act of July twenty-five, eighteen hundred and sixty- six, extends the benefits conferred by the pension laws to provost marshals, deputy provost marshals, and enrolling officers disabled in the line of their official duty as such, and to the widows or dependents of such officers in like manner. Declarations will be made in accordance with the instructions issued under the. pension act of July fourteen, eighteen hundred and sixty-two, and supplementary acts. The grade of such ofiicers, for the purpose of determining the rates of pensions under this section, is fixed as follows : Provost marshals will rank as captains ; their deputies as first lieutenants ; and enrolling officers as second lieutenants. INCREASED PENSIONS TO WIDOWS, AND ORPHAN CHILDREN UNDER SIXTEEN YEARS OF AGE. The second section of this act allows to those who are or shall be pensioned as widows of sol- diers or sailors two dollars per month additional pension for each child (under sixteen years of age) of the deceased soldier or sailor by the widow thus pensioned. On the death or remarriage of such widow, or on the denial of a pension to her, in accordance with the provisions of section eleven of the act of June six, eighteen hundred and sixty-six, the same amount to which she would otherwise be entitled, under this and previous provisions, is allowed to the minor children. The number and names of the children, with their ages, must be proved by the affidavits of two credible and disinterested wit- nesses. The provisions of this section only include the children of the widow, and not those of her deceased husband by a previous marriage. The widows of minor children of ofiicers are not enti- tled to, this increase. Declarations for an increase under this sec- tion, if for the widow, will be made in accordance with form H, appended hereto ; and if for minor children, according to form I. The pension certificate must be sent with all applications filed ubsequently to September four, eighteen hundred and sixty-six. INCREASE OF PENSIONS UNDER ACTS PRIOR TO JULY 4, 1862. All pensioners under acts approved prior to July fourteen, eight- een hundred and sixty-two, are, by the third section of the present act, granted the same rights as those pensioned under acts approved at or since that date, so far as said acts may be applicable, with the exception of soldiers of the Revolution or their widows. This section applies only to pensioners who were euch at the date of the approval of this act. Declarations of claimants under this section will be made in accordance with the forms previously issued under act of July 440 SUPPLEMENTARY ACTS. fourteen, eighteen hundred and sixty-two, and subsequent pension acts, with the necessary modifications, and the pension certifi- cates will be returned. INVALID PENSIONS OP CLAIMANTS DYING WHILE THEIR APPLI CATIONS ARE PENDING, THE EVIDENCE BEING COMPLETED. The fourth section of this act is construed in connection with the tenth section of the act of July four, eighteen hundred and sixty- four, and the sixth section of tli3 act of June six, eighteen hun- dred and sixty-six, to which it is supplementary. If an appli cant for invalid pension dies while his claim is pending, the evidence having been completed, the pension, under the provi sions of this section and of those sections of previous acts above referred to, is disposed of as follows : 1. If he left a widow, or minor child or children under sixteen years of age, or other dependent relatives, and died of wound? received or of disease contracted in the service or in the line of duty, no invalid pension certificate will issue, but such widow or dependent relatives will receive a pension, in their own right, taking precedence in the order prescribed by law in other cases.* 2. If the claimant left a widow or dependent relatives, but did not die of wounds received or disease contracted in the ser- vice and in the line of duty, so that neither widow nor dependent relatives would be entitled to a pension on his account, then the certificate will be issued in his name, and the pension paid to the widow or to the dependent relatives, as the case may be, in the same order in which they would have been pensioned, if entitled, as set forth in the preceding paragraph. 3. If the claimant left no widow or dependent relatives, the certificate will issue in his name, and the pension will be drawn by his executor or administrator. CERTAIN ACCRUED RIGHTS RESERVED UNDER REPEALED EN- ACTMENTS. The fifth section reserves all rights that may have accrued under the fifth section of the pension act of July four, eighteen hundred and sixty-four, and the third section ol the pension act of March three, eighteen hundred and sixty-five, though repealed by the first section of the act of June six, eighteen hundred and sixty-six. WIDOWS REMARRYING WHILE THEIR CLAIMS ^",E PENDING are entitled, under the sixth section, if their claims are other- wise valid, to receive pensions to the date of remarriage, if the deceased officer, soldier, or sailor on whose account they claim left no legitimate child under sixteen years of age. JOSEPH H. BARRETT, Commissioner of Pensions. PENSION OFFICE, August 4, 1866. . * See section 10, set of July 4, 1864 INVALID PENSIONS. 44] INVALID PENSIONS-PENSION ACT OF JUL1 L4, '62. By this Act, pensions may be granted to the following classes: 1. INVALIDS in the military or naval service of the United States, and in the line of duty, disabled since March 4, 1861. 2. WIDOWS of officers, soldiers, or seamer, dying of wounds received, or of disease contracted in the military or naval service. f 3. CIIILDEEN under sixteen years of ago of such deceased per- sons, if there is no widow surviving, or from the time of the widow's remarriage. 4. MOTHERS (who have no husband living) of officers, soldierf or seamen, deceased as aforesaid, provided the latter have left neither widow nor children under sixteen years of age, and pro- vided also that the mother was dependent, wholly or in part, upon the deceased for support. 5. SISTERS under sixteen years of age, of such deceased per- sons, dependent on the latter, wholly or in part, for support, pro- vided there are no rightful claimants of the three preceding classes. Only one full pension, in any case, will be allowed to the rela- tives of a deceased officer, soldier or seaman, and in the order of precedence set forth above. When more than one minor child or orphan sister, thus becomes entitled to pension, the same must be divided equally between them. Invalid pensions, under this law, will commence from the date of the pensioners discharge from service, provided application is made within one year there- after. If tlio claim is not made till a later date, the pension will commence from the time of the application. Pensions of widows, minors, &c., will commence from the death of the officer, soldier >r seaman, on whose service the claim is based. " A." Form of Declaration for an Invalid Pension under Act of July 14, 1862. STATE [DISTRICT OB TERRITORY] OF ) County of , \ *** On this day of , A. D. one thousand eight hun- dred and , personally appeared before me [here state the official character of the person administering the oath] within and for the county and State aforesaid, 442 INVALID PENSIONS. aged years, a resident of , in the State of , who, being duly sworn according to law, declares that he is the identical , who enlisted in the service of the United States at , on the day of , in the year , as a in company , commanded by , in the regiment of , in the war of 1861, and was honorably dis- charged on the day of , in the year ; that while in the service aforesaid, and in the line of his duty, he re- ceived the following wound (or other disability as the case may be) : [Here give a particular and minute account of the wound or other injury, and state how, when and where it occurred, where the applicant has resided since leaving the service, and what has been his occupation.] (Signature of Claimant.} Also personally appeared and , resi- dents of (county, city or town), persons whom I certify to be respectable- and entitled to credit, and who, being by mo duly eworn, say that they were present and saw sign his name (or make his mark) to the foregoing declaration, and they further swear that they have every reason to believe, from the appearance cf the applicant and their acquaintance with him, that he is the identical person he represents himself to be ; and they further state that they have no interest in the prosecution of this claim. (Signature of Witnesses.) Sworn to and subscribed before me this day of , A D. 18 ; and I hereby certify that I have no interest, direct or indirect, in the prosecution of this claim. (Signature of Judge or other officer.} Applicant's Post Office address. Where an applicant for a pension does not make his application in person, but procures the services of another person to prose- cute bis claim for him, he must give to that person a Power of Attorney to act for him. By the law of July 14, 1862 (see page 18), no person acting as such agent or attorney, is allowed, directly or indirectly, in any way to receive, for making out and causing to be duly executed by the applicant a declaration with the necessary affidavits and forwarding the same to the Pension Office with tfie requisite correspondence, more than five dollars, and if further affidavits are required by the department, no ciore than one dollar and fifty cents for each affidavit so required and executed and forwarded (except the affidavits of surgeons, for which the agont or attorney is not entitled to any fee). Tk INVALID PENSIONS. 443 penalty for charging a higher fee than this is three hundred dollars fine or two years' imprisonment, or both, according to the circumstances and aggravations of the offence. The following is the form which must be followed for Power of Attorney. Power of Attorney, Form. Know all men by these presents, that I , of the ' county of , and State of , do hereby constitute and appoint , my true and lawful attorney, for me and in my name to prosecute the claim presented by me for an invalid pension [or for a half-pay pension as widow of , de- ceased ; or the claim presented by me, as guardian for , minor heirs of '- , deceased, for a pen- sion for said wards ; or, for an increase of pension ; or for a renewal of pension ; or for arrears of pension, or otherwise, as the case may be] ; and I do hereby authorize rny said attorney to examine the papers, documents, and records on file in any depart- ment of the government or the several offices thereof, relating to my said claim, to appoint one or more substitutes to assist him in the business aforesaid ; to file additional evidence or arguments, whenever required ; to receive the certificate which may issue in my name upon said claim ; and to do any and all acts necessary in attaining the object of his said appointment. In testimony whereof, I hereunto set my hand and seal, this day of , A. D. 18. Executed in presence of [L. s.] (Two witnesses.} STATE OF , ) County of , J'" On the day of -, A. D. 18 , before me, a justice of the peace in and for the county aforesaid, personally appeared , and acknowledged the foregoing Power of Attor- ney to be act and deed, for the purposes therein mentioned. In testimony whereof, I hereunto set my hand the day and year aforesaid. ( * P.) STATE OF , ) County of , } 8S [L. 8.] I, : , clerk of the Court, within and for said county, certify that , Esq., whose genuine signature appears to the foregoing certificate of acknowledg- ment, was, at the time of subscribing the same, and still is, an acting justice of the peace, in and for said county, duly com- missioned and sworn, and that his official acts are entitled to full faith and credit. 444 SURGEON'S AFFIDAVIT. In testimony whereof, I hereto set my hand, and affix the seal of said court, at , this day of , A. D. 18 . ( , Clerk) If the claimant for an invalid pension has not been examined, and the degree of his disability certified, by an army surgeon, he must produce the affidavits of two surgeons reputable in their professions, and certified as such by the magistrate before whom their statement is verified by oath, in accordance with the follow- ing form: "IT." Form of Surgeons' Affidavit. , , 18. It is hereby certified that , a in the com- pany of in the regiment of the United States , is rendered incapable of performing the duty of a soldier, by reason of wounds [or other injuries] inflicted [or contracted] while he was actually in the service aforesaid, and in the line of his duty, viz. : By satisfactory evidence and accurate examination, it ap- pears that on the day of , in the year , being engaged at or near a place called , in the State (or District or Territory) of , he received (or contracted) [Here give a particular description of the wound, injury or disease, and specify in what manner it has affected the applicant so as to produce disability in the degree stated], and he is thereby not only incapacitated for military duty, but in the opinion of the under- signed, is totally [or three-fourths, or one-half, or one-third, as the case may le~\ disabled from obtaining his subsistence from manual labor. ( , Surgeon.) ( ? Surgeon.) Sworn to and subscribed before me, this day of , A D. 18 ; and I hereby certify that the said and are known to me as surgeons in actual practice, reputable in their profession, and that 1 have no interest, direct or indirect, in the prosecution of this claim. (Magistrate's Signature.) FOSMS, The additional forms, marked respectively F and G, commenc- ing on the following page, should be strictly observed in the cases to which they are applicable. JOSEPH H. B^KHETT, Commissioner ojf Pensions. PENSION OFFICE, June, 1866. NAVAL INVALID PENSIONS. 445 Form of application for the increase of an invalid pension under the first section of the supplementary pension act of June six, eighteen hundred and sixty-six. STATE [TERRITORY OR DISTRICT] OP - , ) County of - , \ S8 On .this - day of - , A. D. one thousand eight hundred and - , personally appeared before me, [describing the official character of the person administering the oath,] A. B., aged - years, a resident of - , [naming town and post-office address,] in the county of - , and State [Territory or District] of - , who, being duly sworn according to law, declares that he is a pensioner of the United States, duly enrolled at the -- pension agency, at the rate of - per month, by reason of disability in- curred in the military [or naval] service of the United States, [here state the company and regiment, if in the army, or the ves- sel and rank, if in the navy ;] and that his present physical con- dition is such that he believes himself entitled to receive an in- creased pension of the - [first, second, or third] grade pro- vided for in the first section of the supplementary pension act, approved June six, one thousand eight hundred and sixty-six. He further declares that he is disabled in the following manner, to wit : [Here the declarant will particularly set forth the nature of his disability, and the extent to which he is incapacitated for manual labor, or dependent upon the personal aid and attendance of others.] [Signature of declarant.] Also personally appeared before me, at the time and place aforesaid, C. D., of -- , and E. F., of - , whom I certify to be credible persons, who being duly sworn according to law, declare, each for himself, that they well know A. B., who signed the fore- going declaration in their presence ; and that he is the identical person he represents himself to be, and that he is disabled sub- Btantially in the manner alleged in said declaration. They fur- ther swear that they, or either of them, have no interest in this claim, either present or prospective, and that they are not con- cerned, directly or indirectly, in its prosecution. [Signatures of witnesses.'] Sworn to and subscribed before me this - day of - , A. D. 18 ; and I hereby certify that I have no interest, direct or indiiect, in tho prosecution of this claim. ^ [Signature of judge or other officer.} 446 GUA.EDIAN OF A ICTSTOIL "G." Form of application to be made by the guardiai? of a mlnoi child or children, under the elevecth section of the act of June six, eighteen hundred and sixty-six. STATE [TERRITORY OR DISTRICT] OF , ) County of , \ ss: On this day of , A. D. , personally appeared be- fore rne, , [describing the official character of the person ad ministering the oath,] A. B., aged years, a resident of , [naming town and post-office address,] in the county of , and State [Territory or District] of , who, being duly sworn ac cording to law, doth on oath make the following declaration, as guardian of the minor child [or children] of , deceased, in order to obtain the benefits of the provision made by the eleventh section of the act of Congress approved June six, eighteen hun- dred and sixty-six, granting pensions to minor children under sixteen years of age, of deceased officers, soldiers, or seamen, who have left a widow still surviving, the latter having abandoned the care of said children, or having been declared an unsuitable person to have charge of them. He further declares that he is the guardian of , [naming the minor child or children, his ward or wards,] whose father was , [here describe the service of the deceased,] in the war of 1881, and that the said died at , on the day of , in the year of , [here state the cause of death ;] that the mother of the child [or children] aforesaid has abandoned the care, or is an unsuitable person, by reason of immoral conduct, [here state what specific conduct is referred to,] to have charge of the said child [or children ;] and that the date of birth of his said ward [or wards] is as follows: He [or she] further declares that the parents of his [or her] said ward [or wards] were married at , on the day of , in the year , by . [Guardian's signature.] Also personally appeared and , residents of , [county, city, or town,] persons whom I certify to be respectable and entitled to credit, and who being by me duly sworn, say that they were present and saw sign name [or make mark] to the foregoing declaration ; and they further swear that they have every reason to believe, from the appearance of the applicant, and their acquaintance with that is the identical person represents to be, and that they have no interest in the prosecution of the claim. [Signature of the witness.} Sworn to and subscribed before me, this day of , A. D., 18 ; and I hereby certify that I have no interest, direct or indirect, in the prosecution of this claim. [Signature of judge or other officer]. NAVAL INVALID PENSIONS. 44 Y SPECIAL INSTRUCTIONS. "WTiere the certificates of the certifying officer is not written on the same sheet which contains the affidavit, the certificate must be attached thereto by a piece of tape or small ribbon, the ends of which must pass under the seal of office of the certifying officer. Interlineations or erasures on papers prepared for filing in pen- sion cases, should be noted in the certificate of the magistrate, before signing, in order to show that they were not made after the execution of the papers. All the " discharge papers" received by the soldier when dis- charged, should be sent with his declaration. The additional tes- timony that will be required to establish the claim, depends upon the character of these papers. The officer's certificate, required by the rules of the Pension Office, may be given by any commissioned officer under whom the applicant served. In case the applicant lives within thirty miles of a surgeon of the regular army, his certificate of disability must be obtained; but if he does not, then the affidavit of two respectable surgeons will be su^Bcient. NAVAL INVALID PENSIONS, IPensions to Invalids of the Navy Proper, under Act of April 23, 1800 ; To Officers and Seamen of Rev- enue Cutters, under Act of April 18, 1814 ; To Priva- teers, under Act of February 13, 1813 ; To Sea Fenci- bles, under Act of July 28, 1813; and to Invalid Engineers, Firemen and Coal Heavers of 'the Navy under Act of Aug. 31, 1842. The rate of pensions to all except the last class is regulated ocording to the pay of the navy as it existed January 1, 1835, of engineers, &o., by the granting act of August 11, 1848. Invalid pensions to the marine corps are governed by tha relating to army invalid -^elisions. 448 REGULATIONS AND FORMS. REGULATIONS AND FORMS FOR OBTAINING NAVAL INVALID PENSIONS UNDER THE ACTS STATED ABOVE. I. Form of Application for Navy Invalid Pension- To the Commissioner of Pensions : The memorial of the undersigned , who was a in the United States naval service, respectfully showeth : That your memorialist was born at , in the State of -, is years of age, feet inches high ; completion, eyes, hair. That he entered the United States naval service at , in the State of , on the day of , A. D. 1 8 . and while attached to [here give the name and class of vessel], and holding the rank of [if not an officer, my, after name of vessel, as a sea- man, or ordinary seaman, or boy, or otherwise as the case may be], he was disabled [Here state when, where and how the disability was incurred, with a minute description of the injury or sickness, and how the applicant is affected by it]. That the same was incurred by him in the performance of his duty; and having thereby been disqualified for the naval service, and disabled from obtaining his subsistence by manual labor, he refers to the certificate of surgeon , herewith presented [If no certificate was obtained, state the fact; if obtained and lest or destroyed, state particulars of loss or destruction], and claims the benefit of the laws granting navy pensions , and that his pension may be made payable at the navy pension agency in . (Claimant's Signature.) Sworn and subscribed to, before , this day of , A. D. 18 . And I certify, that I am acquainted with the said : , and believe him to be the identical person who served as aforesaid, and that I am not interested in his claim for a pension. (Signature of Officer.) This declaration must be made before a court of record, or before a judge or clerk of such court. Should it be made lefore i court, the certificate to the affidavit just given will be omitted, &od a certificate of the clerk according to the form No. 5, follow- ing fcbe next form of declaration, should be substituted. FORMS FOE NAYA.L TENSIONS. 449 (2.) Affidavit of Witnesses. STATE o? , County of , On this day of , A. D. 18 , before me, the subscriber, a in and for said county, duly authorized to administer oaths, personally came , aged years, and , aged years, whom I know to be residents of the county and State aforesaid, and persons whom I certify to be respectable and enti- tled to credit, and who, being duly sworn, say that they were present and saw execute the foregoing affidavit by signing the foregoing declaration, and making oath thereto in due form of law, and they further swear that they are acquainted with the said , now present, and have every reason to believe from the appearance of the applicant, that he is the identical person he represents himself to be ; and further, that they, deponents, do reside in the" county aforesaid, and have no interest in the claim of said : . (Signature of Witnesses.) Witness : Sworn to and subscribed before me, this day of , A. D. 18 ; and I certify, that I am acquainted with said and , and know them to be credible and disinterested witnesses; and 1 further certify, that I am not interested as agent or other- wise in the prosecution of the foregoing claim. (Signature of Officer?) (3.) Clerk's Certificate. STATE OF , ) County of .I**' I, , clerk of the court, in and for the county and State above named, do certify that . Esq., before whom the fore- going affidavits were made, and Avho has thereunto signed his name, was, at the time of so doing, a in and for the county arid State above named, duly commissioned and sworn ; that all his official acts as such are entitled to full faith and credit, and that his signature thereto is genuine. In testimony whereof, I have hereunto signed my name and affixed my official seal, this day of , 18 . (Cleric 1 & Signature.) (4.) Another Form of Declaration for Naval Invalid Pension. STATE OF , j M Bounty of , ( On this day of , 18 , before the court [or before 450 FOKMS FOR NAVAL PENSIONS. me, judge, or clerk of the court], a court of record within and for said county, personally appeared , a resident of , in the county of , and State of , aged years, who being first sworn, according to law, declares that he is the identical who was a in the naval service of the United States ; that he enlisted at , in the State of - , on the day of A. D. 18 . [Describe the service in, which the claimant was engaged ; if on board ship, give the name and class of the vessel, the rank and capacity in which he served, the name of the commanding officer, the engagement or other line of duty or occupation in which the disability -was incurred; a full de- scription of the time, place, and manner of, in which the wound was received, or disease was contracted; and its location, nature and physical effect.] He further says that he was honorably discharged, as will appear by his certificate of discharge here- with presented [if no discharge was received, state that fact ; if lost or destroyed, detail the circumstances], on account of said dis- ability upon the surgeon's certificate for a pension [if the dis charge ioas upon a certificate of ordinary disability, and the disability continued or increased, these facts should fo stated], and recommending a discharge, as may be found reported by the com- manding officer, approving the same, on file in the navy depart- ment at Washington ; for the existing degree and continuance of which disability he requests a medical survey may be ordered. He makes this declaration for the purpose of being placed on the naval invalid pension roll of the United States, and obtaining the pension to which he may be entitled under the act [date and title of the act] granting pensions to persons disabled in the naval service of the United States. (Claimant's /Signature.) I certify that the foregoing declaration was sworn to and sub- scribed before me, this day of , A. D. 18 ; and I fur- 'her certify that I am acquainted with the said , and know [or believe] him to be the identical person who served as stated in the foregoing declaration, and that I have no interest in his claim for a pension. r -, Witness my signature, and the se&l of the court of L ' ' j , county . (Cleric of said Court.} Should the declaration be made before a judge, the clerk's cer- tificate of his official character (under seal) must be attached. Should the declaration be made before a court of record, tho clerk's certificate may be as follows : FORMS FOB NAVAL PENSIONS, 451 (5-) Clerk's Certificate. STA.TK OF - , ) County of - , $ s I, - -, clerk of the - court within and for said county, hereby certify that the foregoing declaration was made under oath, and subscribed by - , before said court, on the - day of - , A. D. 18. FL s 1 ^ R * es ^ mon y whereof, I hereto set my hand, and affix the seal of our said court, this - day of - , A.f D. 18. ( Clerk' s Signature.) The affidavit of two witnesses (Form No. 2) should follow this, Should the affidavit of the witnesses be made before a justice of the peace, the clerk's certificate to the official character of such justice (under seal of the court) must also be appended. (6.) Surgeon's Certificate of Disability, It is hereby certified that -- , a -- in the United States ship of war - , commanded by -- , is rendered incapable of performing the duty of a -- , by reason of wounds [or other in- juries, or sickness] received [or contracted] while he was actually in the service aforesaid, and in the line of his duty, viz: By satisfactory evidence and accurate examination, it appears that on the - day of - , in the year - , being engaged [Here state particularly the duty in which the applicant was en gaged; the harbor, navy-yard, river, bay or ocean, where the ship was, and the time when the injury was received ; and give a par- ticular description of the wound, injury, or disease, and specify in what manner it has affected the applicant so as to produce disa- bility in the degree stated] ; and he is thereby not only incapaci- tated for duty aforesaid, but, in the opinion of the undersigned, 13 totally [or three-fourths, or one-half, or one-third, or one-fourth. as the degree of disability may be] disabled from obtaining his subsistence by manual labor. ( -- Surgeon.} (Date.} ( -- Assistant Surgeon.) Certificate of Commanding Officer in an Invalid Case. UNITED STATES Snip - , (Date.} I certify that -- , who was a -- , on board this ship, while under my command, and while engaged in his dutgr as a - 452 CEETIFICATES. was, in consequence of the following circumstances, so injured as to be prevented from any further performance of his duty as a , and I therefore deemed it proper that he should be dis- charged from the naval service of the United States. He was accordingly discharged on the day of , 18 . While he was [Here state, particularly, all the facts as to tht origin of the applicant's disability; the duty in which he icas en- gaged; the particular circumstances which led to the injury ; the harbor, navy-yard^ river, bay, or ocean, where the ship was, and ih& * time when the injury was received.] , Commander U. S. Ship . (8.) Certificate of Ordinary Disability. I hereby -certify that , a in the United States wvy, attached to [if at a navy-yard, ship or hospital, in- sert name and place], and holding the rank above mentioned, as Bet forth in the record of his case, of which the following is a <copy : [Here insert recoi'd made lyy senior medical officer.'} And, therefore, in the opinion of the undersigned, the interests of the service require that he should be discharged. , Surgeon. The above-named , was born at , in the State of ; is years of age ; feet and inches high ; complexion ; eyes ; hair. He entered the United States naval service at , on the day of , 18 ; and discharged [here insert whether final, or to hospital or ship, for vassage home, in which cases the discharge must ~be furnished by the fourth auditor]. , Paymaster [formerly Purser]. Approved : , Commanding U. S. Ship . Discharged from the United States naval service, on the day of , 18. , Fourth Auditor. (9.) Certificate for Pension. I hereby certify that , a in the United States navy, while attached to [if a navy-yard, sJtip or hospital, mention name and place], and holding the rank above-mentioned, was disabled by [wound received, or casualty occurring, or di- PKIVATEER PENSIONS. 453 ease contracted], in the United States naval service, and in the line of his duty, as set forth in the record of his case, of which the following is a copy, to wit: [Copy of record made by senior medical officer.] He is thereby not only incapacitated for duty, as aforesaid, but, in the opinion of the undersigned, is totally [or three-fourths, or one-half, or other degree of disability, as the case may ~be] disabled from obtaining a subsistence by manual labor. , Surgeon. The above-named , was born at , in the State of , is years of age ; feet inches high ; complexion ; eyes ; - - hair. He entered the United States naval service at , on the day of , A. D. 18 ; and discharged [insert whether to hospital, to ship for passage home, or finally ; if for passage home or hospital, the date of final discharge must be furnished by the fourth auditor]. , Paymaster [formerly Purser]. Approved : , Commanding U. S. Shi up Yai [Or Navy Yard, etc.] Finally discharged from the United States naval service on the day of , 18. . Fourth Auditor. PRIVATEER PENSIONS. Invalids who are wounded or disabled on board private armed vessels during the last war with Great Britain, were, by act of May 31, 1854, allowed pensions from the date of their injury or disability (if received in the line of duty), to June 30, 1854. The evidence of their being entitled to the benefits of the law which was required by the Pension Office was : 1. A sworn declaration or memorial, setting forth the vessel to which the pensioner belonged, his rank or station, when and in what manner disabled, monthly rate of pension, and date to which last paid. 2. Evidence of identity, either by affidavit of two credible witnesses, or the certificate of a Justice of the Peace. The above evidence to be authenticated by the certificate, under seal, of the proper officer, showing the official character of the Justice of the Peace; and to be forwarded, together with the original pension certificate, to the Pension Office, 454 PRIVATEER'S INVALID PENSIONS. (10.) Declaration for obtaining a Privateer's Invalid Pension- STATE OF ) County of \ ss ' On this day of , A. D. 18 , personally appeared before the court [or before me , judge or clerk of the court], a court of record within and for said county, , a resident of , in the State of , aged years, who, being first sworn according to law, declares, that he is the identical , who was a on board a private armed vessel of the United States, in the war between the United States and Great Britain ; that he enlisted [or volunteered] on the day of , in the year , at , in the State of , to serve on board the . [State name and class of private armed vessel, oil hoard which applicant served ; the officer in com- mand ; the engagement or other occupation in tlie line of duty in which the injury was received, or the disease contracted; the time when, and manner how, received or contracted, and nature, continu- ance, and location of the wound or disease ; with proper reference to the transcript from tlie journal of the commanding officer, communi- cated to the Secretary of the Navy under the 3d and 4tth sections of the act of February 13, 1813.] He makes this declaration for the purpose of being placed on the invalid privateer pension roll of the United States, and of obtaining the pension to which he may be entitled under the act of February 13, 1813. [ Claimants Signature.'] I certify that the foregoing declaration was sworn to before me, this day of , A. D. 18 ; and that I am ac- quainted with the said , and know [or believe] him to be the identical person who served as stated in the foregoing de- claration, and that I am not interested in the above claim. -. Witness my hand, and the seal of the court of county. , Ckrk of said Court. Should the declaration be made before a court, the certificate of the clerk should be similar to Form No. 5 on a preceding page. Should it be made before a judge, his official character must be certified by the clerk under seal. The affidavit of two witnesses, according to Form No. 2, should follow, and if this affidavit is made before a Justice of the Peace, the certificate of the clerk, NAVAL INVALID PENSIONS. 455 under the proper seal of the proper court should be appended. (See Form No. 3.) NAVAL INVALID PENSIONS, UNDEB ACT OF JULY 14, 1862. "A." Form of Declaration for a Navy Invalid Pension. STATE OP sg County of ) On this day of , A. D. one thousand eight hundred and , personally appeared before [here state the official character of the person administering the oath}, within and for the county and State aforesaid, , aged years, a resident of , in the State of , who, being duly sworn according to law, declares that he is the identical , who enlisted in the service of the United States, at , on the day of , in the year , as a , and was honorably discharged on the day of , in the year j at ; that his personal description is as follows ; [here state height, complexion, color of hair, occupation, etc.], that while in the service aforesaid, and in the line of his duty, he re- ceived the following wound [or other disability as the case may ~be : here give a particular and minute account of the wound or other injury, and state how, when, and where it occurred, where the appli- cant has resided since leaving tlie service, and what has been his oc- cupation]. He makes this application in order to secure the benefits of the act granting pensions, approved July 14, 1862. [Signature of Claimant^ Also personally appeared and , residents of [county, city, or town], persons whom I certify to be respectable and en- titled to credit, and who, being by me duly sworn, say that they were present and saw sign his name [or make his mark] to the foregoing declaration ; and they further swear that they have every reason to believe, from the appearance of the appli- cant, and their acquaintance with him, that he is the identical person he represents himself to be ; and they further state that they have no interest in the prosecution of this claim. [Signatures of Witnesses.} Sworn to, and subscribed before me this day of A. D. 18 ; and I hereby certify that I have no interest direct or indirect, in the prosecution of this claim. [Signature of Judge or other Office)*.] 456 NAVAL INVALID PENSIONS. Applicant's Post-office address : This declaration, like all declarations of applicants for pen- sions, must be made before a court of record, or a judge or clerk of such court. In any case, the clerk's certificate and seal must be attached. To this must be added the affidavit of two flatnesses, as in Form 2, on a preceding page, which may be sworn to before a Justice of the Peace, or. other officer authorized to administer oaths generally, but the judicial character of such officer must be certified by the clerk of a court of record with seal, as in Form 3. There will also be required the certificate of the surgeon of the ship to which, the applicant belonged, but if this cannot be obtained, from absence or other causes, then the affidavit of two civil surgeons reputable in their profession, ac- cording to the following form, will answer : "F." Form of Surgeon's Affidavit. [Date.1 It is hereby certified that , who was a in the naval service of the United States [here &-ate the vessel or station on which applicant was engaged and his particular service], is suf- fering from [here give a particular descrsption ofttie wound, in- jury, or disease, and specify in what manner it has affected the ap- plicant so as to produce disability in the degree stated], and he is thereby not only incapacitated for naval duty, but, in the opinion of the undersigned, is totally [or three-fourths, one-half, or one- third, as the case may be] disabled from obtaining his subsistence from manual labor. And we further certify that, upon satisfac- tory evidence, and after accurate examination, we believe the said disability was incurred in the naval .service of the United States, and in the line of duty. , Surgeon. , Surgeon. Sworn to, and subscribed before me, this - - day of RJ IT V/J.J..I. LWj C*XJ.Vi- DtULSJVWAJkft^VVl UV/AV/A ^/ UMS KAA-lfcJ V*.t*Jf WJL ^^ j A. D. 18 ; and I hereby certify that tht said and are known to me as surgeons in actual practice, reputable in thftir profession, and that I have no interest, direct or indirect, in the prosecution of this claim. [Magistrate's Signature.] GRATUITOUS PE2TSIONS. 457 GRATUITOUS PENSIONS I. To Widows and Orphans of Officers, Soldiers, etc. As tliere are very few, if any, cases where a pension is yet to DC granted to the widows or orphan children of revolutionary soldiers, we do not deem it necessary to give any forms or in- structions for these. By the acts of Congress of April 16, 1816, July 21, 1848, Feb- ruary 22, 1849, June 3, 1858, and the joint resolution of Septem- ber 28, 1850, provision is made for the widows and orphans of soldiers of the regular army, and to some extent to those of volunteers and militia prior to the war of 1881, and the acts of April 10, 1812, March. 3, 1817, April 20, 1818, March 19, 1836, February 3, 1853, and August 5, 1854, supply all deficiencies, and place the widows and orphans of volunteers and militia on the same footing as those of regulars. The following are in substance the regulations of the Pension Office for obtaining pensions for widows and orphans of soldiers in wars since the revolution, <md for all claimants prior to the passage of the act of July 14, 1862 : 1. The declaration of the widow, or of the guardian duly ap- pointed and qualified, in the case of a minor child or children, must be made, under oath or affirmation, before a court of re- cord (or before a judge or clerk of such court, unless satisfac- tory reason is shown for making such affidavit before some other magistrate having authority to administer oaths), according to the forms which follow these instructions. In all cases, the official character of the magistrate mus 4 ; be duly certified by the "proper officer, under his seal of office. 2. If the applicant be a widow, she must prove the legality of her marriage, the death of her husband, and that she is still a widow. She must also furnish the names and ages of her chil- dren under sixteen years of age at her husband's decease, and the place of their residence. On a subsequent marriage her pension will cease, and the minor child or children of the de- ceased officer or soldier, if any be living, under the age of six- teen years, will be entitled to the same from the date of sucb 458 OKATTJITOUS PENSIONS. marriage. By the act of August 5, 1854, widows of deceased officers and soldiers who had married again are not precluded from claiming a pension, provided they are widows (the second husband having died) at the time of making the claim. 3. If application be made in behalf of a minor child of the deceased officer or soldier, the marriage of his parents must be proved, the death of his father, the death or re-marriage of hia mother, and that he is still a minor under sixteen years of age. , 4. If the deceased officer or soldier was a pensioner, that fact should be stated, as well as the act under which he was pen- sioned, and the agency at which he was paid. In such case a reference to the evidence filed in his application v ill be suffi- cient to prove the service. 5. Proof of the service of the deceased officer or soldier must be had from the muster rolls or other documentary evi- dence in custody of the executive departments (which the claimant is not required to produce) or else from the testimony of commissioned officers, or the affidavits of persons of known respectability. It must also be clearly shown in what company and regiment or corps the deceased served, and in what grade. 6. Applicants must furnish the best proof the nature of the case will allow, not only as to the place and time of the death of the deceased officer or soldier, but also as to the complaint of which he died, and the supposed cause of his disease. 7. The legality of the marriage may be ascertained by the certificate of the clergyman who joined them in wedlock, or by the testimony of respectable persons having knowledge of the fact, in default of record evidence. The ages and number of children may be ascertained by the deposition of the mother, accompanied by the testimony of respectable persons havingi knowledge of them, or by transcript from the parish registers, duly authenticated. The widows must show at the time of re- ceiving each and every payment of her pension that she has not again married. This may be done by the affidavits of respecta- ble persons having knowledge of the case. 8. Under the provisions of the 1st section of the act of Feb- ruary 3, 1853, all widows and orphans who were granted and allowed fhe years' half-pay by the provisions of the act of July GRATUITOUS PENSIONS. 459 4, 1836, extended by the act of July 21, 1848, and further ex- tended by the act of February 22, 1849, are entitled to a con- tinuance of said half-pay for a farther period of five years, to commence at the expiration of the half-pay provided for by the aforesaid acts, under the restrictions and limitations specified therein. 9. Under the last proviso of the first section of the act of February 3, 1853, the widows of officers, non-commissioned offi cers, musicians and privates of the regulars, militia and volun- teers, of the war of 1812, and also in the various Indian wars since 1790, who remained to the date of their death in the service of the United States, or who, having received an honorable dis- charge, and having died since their return to their usual place of residence of wounds received, or from disease contracted while in the line of their duty, are entitled to receive half the monthly pay to which the deceased was entitled at the time of his death, or at the time of receiving such wounds, or contract- ing such disease, for and during the term of five 3 r ears, to com- mence at the time of completing the evidence in said case. 10. Agents must in all cases have proper authority from the claimants on whose behalf they appear. No power of attorney will be recognized as sufficient unless signed in the presence of two witnesses, and acknowledged before a duly qualified officer, whose authority is certified under seal. Declaration of Widow : applying in general to all the aete specified above. STATE OF ) County of \ ss ' On this day of , A. D. 18 , personally appeared oe- fbre me the , of the , , a resident of the county of , and State of , aged years, who, being first duly Bworn according to law, doth, on her oath, make the following declaration, in order to obtain the benefits of the provision made oy the act of Congress approved ; that she is the widow of , who was a [here insert the rank the husband held, and specify the service performed], She further declares that she was married to the said on the day of , in the year ; that her husband, the afore- said , died on the day of [should there be children 460 GRATUITOUS PENSIONS. insert here that there wwe horn to them, during their said mar- riage, the following children, who were under sixteen years of age at the time of the death of said decedent, viz. : , horn , 18 ; , horn , 18 ; etc., and that these are still living, and at the following places : here give the places of residence of the children], and that she has remained a widow ever since that period [if the widow was subsequently married, the name of her second husband, the date of the marriage, and, death of second husband, must he stated in the declaration and proved], as will more fulty appear by refer- ence to the proof hereto annexed. [Declarant's Signature.] Sworn to and subscribed on the day and year first above writ ten, before . [ Officer's Signature.'] Declaration in order to obtain the benefits of the Act of July, 1848, STATE OP County of On this day of , personally appeared before the of the , , resident of , in the county of , and State of , aged years, who, being duly sworn according to law, doth, on her oath, make the following declaration, in order to obtain the benefit of the provision made by the law of the United States, passed on the 21st of July, 1848 : That she is the widow of , who was a in the regiment of United States ; that she was married to the said , on the day of , in the year eighteen hundred and ; that her husband, the aforesaid , died on the day of , at , in , in consequence of '; and that she has remained a widow ever since that period, as will more fully appear by reference to the proofs hereto annexed. [Declarant's Signature.] Sworn to and subscribed on the day and year above written, before . [ Officer's Signature.'] "A." Declaration in order to obtain the Renewal of the Half-Pay ' provided for in the first section of the Act of February 3. 1853. STATE OF - County of - - f SS ' On this day of , A. D. , personally appeared GRATUITOUS TENSIONS. 461 before rae, a , within and for the county and State afore- said, , a resident of eaid county, aged years, who being first duly sworn according to law, doth, on her oath, make the following declaration in order to obtain the benefits of the provision made by the act of Congress, passed the 3d February, 1853, granting the renewal of half-pay to certain widows and orphans : That she is the widow of , who was a [Here in- sert the rank the husband held, the company and regiment in which he served, and the monthly amount of half -pay which she received under the first section of the Act of July 4, 1836, or July 21, 1848.] She further declares that she is still a widow. [Declarant's Signature.] Sworn to and subscribed before me, the day and year above written. [Officer's Signature.] This declaration may be made before any officer authorized t.< administer oaths, generally ; whose official character must t i shown by the certificate and seal of the clerk of the propc court. The affidavit of two disinterested persons, that they are ac- quainted with the widow ; that she is the identical person ta whom half-pay for five years was granted as stated in her decla- ration ; and that she is a widow, must accompany the foregoing declaration. "B." Declaration in order to obtain the Benefits of the last pro- viso of the first section of the Act passed February 3, 1853. STATE OF ) County of f ss On this day of , 18, before the court [or before , judge, or , clerk of the court] a court of record, within and for the county and State aforesaid, personally appeared , a resident of said county, aged years, who being first duly sworn according to law, doth, on her oath, make the following declaration in order w to obtain the benefit of the provision made by the law of the United States, passed the 3d day of February, 1853 : That she is the widow of , who was a in company , in the regi- ment of regulars [or militia, or volunteers if militia or volun- teers, -mention ilie war in which service wa* performed]. That she 462 GRATUITOUS PENSIONS. was married to the said on the day of , in the year ; that her husband, the aforesaid , died on the - - day of - , 18 , at - , in consequence of , and that she has remained a widow ever since that period, as will more fully appear by reference to the proofs hereto annexed. [Declarant's Signature.] Sworn to and subscribed before me the day and year above written. [Officer's Signature.} Form of Declaration for Guardian of Minor Children in order to obtain Half-Pay, STATE OF ) County of C On this day of , A. D. 18 , personally appeared before the court of the [or before a judge or clerk of the court] a court of record, , a resident of , in the county of , and State of , aged years, who being first duly sworn according to law, doth, on oath, make the following declaration, as guardian of the minor child of , deceased, in order to obtain the benefits of the provision made by the act of Congress, approved , granting half-pay to minor children (under 16 years of age) of deceased officers and soldiers: That he is the guardian of [naming the minor child or children, his ward or wards], whose father was a [naming the rank of such deceased officer or soldier, and reciting his service] ; that the parents of his said ward were married at , on the day of , 18 , by ; that the said [the father] died at , on the day of , in the year ; that the mother of the child aforesaid, died [or again married, being now the wife of ], on the day of , in the year ; and that the date of the birth of his said ward as follows ; . [ Guardian's Signature.] Sworn to and subscribed on the day and year first above writ ten, before [ Officer's Signature^ An authenticated copy of the letters of guardianship must accompany this declaration, together with proof of marriage, of death, of the children being those of the deceased officer or soldier, etc., as in applications by widows. We have already GRATUITOUS PENSIONS. 463 ^iven the forms for preparing this proof. If the deceased offi- cer or soldier had himself received an invalid's pension, or if his widow had received a widow's pension, it will be sufficient to sefer to the proofs already on file in the Pension Office, in regard to his service or death. II. Pensions to Widows and Orphans under Pension Act of July 14, 18o2. No pensions are granted to widows or orphans by this act except to those who were connected with deceased officers 01 soldiers, or naval officers, sailors, or marines of the war of 1861. The proofs of the legality of the marriage of the widow, and of the fact that she is still a widow, are requisite precisely as in the former cases of widows' pensions. Her pension ceases on her re-marriage, or if there be children of the deceased officer or soldier under sixteen years of age, reverts to them. The proofs of marriage of parents, of the age of claimants, and of guardianship, are also required in the case of minor children as in the pensions under preceding acts. Applicants of either of these classes, who have in any manner aided or abetted the rebellion against the United States govern- ment, are not entitled to the benefits of this act. "B." Form of Declaration for obtaining a Widow's Army Pension. STATE OF - County of \ SS ' On this day of , A. D. 18, personally appeared before the court of [or before me, a of said court } f a court of record, , a resident of , in the county of , and State of , aged years, who, being first duly sworn according to law, doth, on her oath, make the fol- lowing declaration, in order to obtain the benefit of the pro- vision made by the act of Congress approved July 14, 1862: That she is the widow of , who was a in company" , commanded by , in the regiment of - , in the war of 1861, who [here specify the time, place and cause of death}. She further declares that she was married to the said on the day of , in the year ; that 464 GRATUITOUS PENSIONS. her husband, the aforesaid , died on the day above mentioned, and that she has remained a widow ever since that period [or if she has re-married and again become a widow, the fact must fa stated], as will more fully appear by reference to the proofs here- to annexed. [If the declarant has any children by the deceased officer or soldier, it must be added here that there were born to her and her said husband during the existence of said mar- riage the following children, who are now under sixteen years of age, viz : Here give names, date of birth and residence of all th& children under sixteen years of age.] She also declares that she has not in any manner been engaged in, nor aided or abetted, the rebellion in the United States. [Declarant's Signature.] Also personally appeared and , residents of [county, city or town,] persons whom I testify to be respectable and entitled to credit, and who, being by me duly sworn, say that they wer<j present and saw sign her name [or make her mark], to the foregoing declaration; and they further swear that they have every reason to believe, from the appearance of the applicant, and their acquaintance with her, that she is the identical person ghe represents herself to be ; and that they have no interest in the prosecution of this claim. [Signatures of Witnesses.] Sworn to and subscribed before me, this day of , A.D. 18 ; and Thereby certify that I have no interest, director indirect, in the prosecution of this claim. Applicant's Post-office address : [Signature of Judge or other Officer.] The certificate of the clerk of the court to the official charac- ter of the judge, or other officer of the court, before whom the declaration is made, with the seal of the court, must be append- ed to this declaration. See Form 5. If the declarant employs an agent to prosecute her claim she nust give him a- power of attorney according to the form already given. "C." Form of Declaration of Guardian of Minor Children in order to obtain Army Pensions. STATE OF \ County of f 8S ' On this daj of , A, D, 18, personally appeared before WIDOWS AND ORPEJUTS 465 the of the , in the county and State aforesaid, a resident of , in the county of , and Btate of , aged years, who, being first duly sworn according to law, doth on oath make the following declaration, as guardian of the minor child of , deceased, in order to obtain the benefits of the provision made by the act of Congress approved July 14, 180*2, granting pensions to minor children, under sixteen years of age, of deceased officers and soldiers ; that he .lathe guardian of [naming the minor child or children, liis ward or wards], whose father was a in company commanded by , in the regiment of , in the war of 1G61, and that the said died at , on the day of , in the year 18 [here state the cause of death] ; that the mother of the child r , afore- said, died [or again married, being new the vrife of ] on the day of ,in the year ; and that the date of birth of his said ward as follows : He further declares that the parents of hig said ward were mar- ried at , on the day of , ill the year , by . [Guardian's Signature.] Sworn to and subscribed on the day and yrar first above writ- ten, before ; and I hereby certify that I have no interest, di- rect or indirect, in the prosecution of this claim. {Signature of Judge or oilier Officer.] This declaration must be accompanied by a certified copy of the letters of guardianship, and by the same proof as in the case of declarations by widows. [See forma for these on previous page.] "H." Form of a Widow's application for an increase of pension under the second section of the act of July twenty-five, eighteen hundred and sixty-six. STATE (TERRITORY OR DISTRICT) OF , ( County of , ( * On this day of , A. D. , personally appeared before me, of the , A. B., a resident of , in the County of , and State (Terri tory or District) of -, aged years, who being duly ^worn according to law, doth on her oath make the following declaration, in order to obtain the benefit of the provision made by the second section of the act of Congress increasing the pennons of wMows and orphans, approved July twenty-five, eighteen hundred and sixty-six ; That 466 GUABDIAN'S APPLICATION FOB INCBEASE* she is the widow of , who was a iii com* pany , commanded by , in the regiment of , in the war of 1861 ; and that, by reason of his death in the service aforesaid, she has been granted a pension of eight dollars per month, in accordance with a certificate numbered , bearing date . She further swears that she has the fol- lowing-named children of her deceased husband and herself, under sixteen years of age, who are now living, the dates of whose birth were as given below, to wit : She further declares that she has not remarried since the death of her said husband, nor has she abandoned the support of any one of the children above named, nor permitted any one of the same to be adopted by any other person or persons as his, her, or their child. My post-office address is as follows : . [Declarant's Signature."] Also personally appeared and residents of (county, city, or town), persons whom I certify to be respectable and entitled to credit, and who, being by me duly sworn, say that they were present and saw sign her name (or make her mark) to the foregoing declaration ; and they further swear that they have every reason to believe, from the appearance of the applicant and their acquaintance with her, that she is the identical person she represents herself to be, and that they have no interest in the prosecution of this claim. [Signatures of Witnesses.'} Sworn to and subscribed before me, this day of , A. D., 186 ; and I hereby certify that I have no interest, direct or indirect, in the prosecution of this claim. [Signature of judge or other officer.] "I." Form of a Guardian's application for increase of pension under the second section of the act of July twenty-five,, eighteen hundred and sixty-six. STATE (TERRITORY on DISTRICT) OP , ) ss . County of . ) On this day of , A. D. , personally appeared before me, of the , A. B., a resident of , and State [Territory or District] of , aged years, who, being first duly sworn according to law, doth on oath make the following declaration, in order to obtain the benefit of the provision made by the second section of the act of Congress increasing the pensions of widows and orphans, approved July twenty-five, eighteen hundred and sixty-six : That [he or she] is PENSIONS FOE WIDOWS AND OEPHANS IN NAVY CASES. 467 the guardian of [naming the minor child or children, ward or wards,] whose father was a in company , com- manded by , in the regiment of , in the war of 1801, and that the said [naming the father] died at , on the day of , in the year , [here state the cause of death] ; that the mother of the child aforesaid died [or again married, being now the wife of ] on tin day of , in the year ; and that the dates of birth of the said [minor child or children, ward or wards] were as follows, to wit : [He or she] further declares that the parents of the said [minoT child or children, ward or wards] were married at , on the day of , in the year , by * ; and that the maiden name of their mother was . My post office address is as follows : [Guardian's Signature.'] Also personally appeared and , residents of [county, city, or town], persons whom I certify to be respectable and entitled to credit, and who, being by me duly sworn, say that they were present and saw sign her name [or make her mark] to the foregoing declaration ; and they further swear that they have every reason to believe, from the appearance of the applicant and their acquaintance with her, that she is the identical person she represents herself to be, and that they have no interest in the prosecution of this claim. [Signature of Witnesses.] Sworn to and subscribed before me, this day of , A. D. 186 ; and I hereby certify that I have no interest, direct or indirect, in the prosecution of this claim. [Signature of judge or other officer], PENSIONS FOR WIDOWS AND OEPHANS IN NAVY CASES. I. CLAIMS PEIOE TO 1861. Eegulations for obtaining Pensions for Widows and Orphans in Navy Cases. In all claims for widows' pensions, or a renewal thereof, it must be shown by evidence, accompanying the application, OP already on file, that the husband lost his life while in the naval service, by reason of wounds or injuries received, casualty incur- red, or disease contracted in the line of duty. In cases of a date subsequent to that of the general order, such evidence may gene- rally be found here ; but if of prior date must, if practicable, be furnished" by the certificate of medical or other commissioned 468 PENSIONS FOB WIDOWS AND ORPHANS IN NAVY CASES. officers of the navy, cognizant of the facts. If, after using due diligence, such certificates cannot be obtained, the applicant can then present such other testimony as would be taken in a court of justice. The usual legal proof of marriage must be produced, accom- panied by a statement of the names and ages of all children of the parties, whether the fruit of their own or of former marriage. This last is to be desired, not only as a security to the govern ment, but as facilitating any future claim on the part of the chil- dren. The widowhood and identity of the applicant should be stated in the memorial, and certified by the officiating magistrate or established by the affidavit of credible witnesses ; and all evi- dence (excepting the certificates of naval officers), must be given by affidavit before a magistrate, whose official character must be certified by the clerk of the county in which he acts, under his seal of office. Applications for orphans' navy pension may be made in the following cases : 1.' Death of mother before the father. 2. Death of mother since the father, but without having re- ceived the benefit of the pensioa laws. 3. Death or intermarriage of their mother, since having re- ceived such benefit. In the first and second cases, the same testimony would be required as in widows' applications, together with legal proof of the names and ages of the children. In the third case, the latter only. Orphans' applications can be made by the legally-appointed guardian, in any form embracing a statement of facts. Claims of arrearages of pension may be paid to the orphans themselves, if adults, or to an administrator, for the sole and exclusive use and benefit of the children of the deceased parties. Form of Application for Widow's Havy Pension, To THE COMMISSIONER OF PENSIONS: The memorial of the undersigned [widow's name], the widow of [husband's name], who was a [here give the rank of the hus- band], in the naval service of the United States, respectfully showeth. PENSIONS FOR WIDOWS AND ORPHANS IN NAVY OASES. 469 That the said [husband's name], entered the service in the y ear 5 and died therein, while holding the rank above men- tioned, on the day of , 18 , by reason of [here give mi- nute description of the injury, accident, or disease by which the death was caused, mention when, where, and how it happened, and whether deceased was at the time serving on board ship (and if so, naming her, with the name of her commander) or in the hospital, and at what place or station], in the line of duty. ff That the undersigned was married to the said , on the ' day of , in the year ; and that the following is a cor- rect statement of the names and ages of the children of the par- ties, now living. [Here give names of children, with the dates of their birth, including the children of either of the parties by a former marriage*] That your memorialist has, since the death of her said hus- band, remained unmarried, and the widow of the said [ if the widow married a second time, but is unmarried at the time of the application, the date of such subsequent marriage and the time of the death of her last husband must ~be stated and proved]; for the truth of which statement she refers to the testimony, herewith filed [or already filed in the Pension Office]. She claims the ben- efits of the laws granting pensions to the widows of officers, sea- men and marines who have died in the naval service, and requests that her name may be inscribed on the roll of pensions, payable at the Navy Pension Agency, at . [Declarant's Signature.] Sworn to and subscribed before the court [or before me, , judge ; or before me, , clerk of the court], a court of record within and for the county of , and State of , this day of , A. D. 18. r -. Witness my signature and tne seal of said court, the day and year aforesaid. [Cleric's Signature.] Accompanying this declaration must be the following proof: 1. Proof of service and the cause of the death of the husband. Where the husband was a pensioner while living, proof of service need not be made. If record evidence of the service and cause of death of the husband is in the archives of the Government, the facts of the service and death may be stated in brief in the dec^ laration, and reference be made to the place where such record evidence may be found. The character of the proof necessary (whenever required) may be learned by consulting the regula- tions which precede the foregoing declaration. 470 PENSIONS FOK WIDOWS AND ORPHANS IN NAV7 CASES 2. Proof of the marriage. This must be made by one of the methods mentioned under " WIDOWS AND ORPHANS REVOLU- TIONARY WAR"; or, " WIDOWS AND ORHANS VOLUNTEERS AND MILITIA"; OR "WIDOWS AND ORPHANS REGULARS." 3. Proof of the death of the husband. 4. Proof of the names and ages of the children. 5. Proof of present widowhood. 6. Proof of the date of subsequent marriage, and the death of last husband, when required by facts. Tlie form of declaration applicable in obtaining a pension may also be used in applying for the renewal of a pension. The only alterations necessary are these : 1. It should appear that the claimant formerly obtained a pension for the service of her hus- band mentioned in her declaration. 2. That the declaration is made to obtain a renewal of the pension, mentioning the act under which such renewal is claimed. The following form of certificate of the death of a person in the naval service, accompanies the general order issued by the Secretary of the Navy, on the 17th day of February, 1851 ; I hereby certify that , who was a r in the United States navy, while attached to [here insert the name of the vessel, hospi- tal, or navy-yard], and holding the rank above mentioned, de- parted this life at on the day of , 18 , and that he died of [wound, casualty, or disease, as the case may he], as set forth in the record of his case, of which the following is a copy {Here give copy of the record.] [Surgeon's signature.[ The above-named deceased, was born at in the county of , and State of , about years of age, feet inches high ; complexion ; eyes ; hair ; and en- tered the United States naval service at , on the day of , in the year . [Purser's Name.] Approved. [Commander's Name.] Declaration of Guardian of Minor Children. To THE COMMISSIONER OF PENSIONS : The memorial of the undersigned [insert guardiaris name], guardian of [here insert the names of the children], minor children of [here insert the name of the father] who was a in the PENSIONS FOK WIDOWS AND ORPHANS IN NAVY CASES 471 naval service of the United States, respectfully showeth : that the said [the father] entered the service in tho year , and died therein, while liDlding the rank above mentioned, on the day of , by reason of [a wound, casualty or disease] in the line of duty. That the parents of his wards were married at . , on the day of , A. D. 18 , by one , a ; that the mother of his said wards died [or was again married, being now the wife of ] on the day of A. D. 18; and that the dates of the births of his said wards are as follows : [Here give the date of the birth of each child.] He makes this declara- tion for the purpose of obtaining ffor his said wards the benefit of the laws granting navy pensions to the minor children of offi- cers, seamen, and marines who have died in the naval service ; and requests that the names of his said wards may be inscribed on the roll of pensioners, payable at the Navy Pension Agency at , in the State of - . [Declarant' 1 s Signature.] This must be sworn to before a court of record or judge or clerk of such court, and the certificate of oath, similar to that in the case of the widow's declaration on a preceding page, must be appended. II. NAVAL PENSIONS TO WIDOWS AND ORPHANS UNDER THE ACT OF JULY 14, 1862. "B." Form of Declaration for obtaining- a Widow's Navy Pension. STATE OF ) County of f S5t On this day of , A. D. 18 , personally appeared be- fore me , of the court, , a resident of , in tho county of and State of , aged years, who, being first duly sworn according to. law, doth, on her oath, make the fol- owing declaration, in order to obtain the benefits of the provis- ion made by the Act of Congress, approved July 14, 1862, grant- ing pensions ; That she is the widow of ,"who was a [7iere state the husband's service] who, [here specify the time, place, and came of his death]. She further declares, that she was mar- ried to the said on the day of , in the year ; that her husband, the aforesaid , died on the day above mentioned, and that she has remained a widow ever since that period [or if she has re-married and again "become a widow, the fact must le stated], as will more fully appear by reference to the proof hereto annexed. The personal description of the said 472 PENSIONS FOB WIDOWS AND ORPHANS IN NAVY CASBS. - her deceased husband, is as follows : [Here atate his age, height, complexion, occupation, etc.'] She also declares that she has not in any manner been engaged in, nor aided or abetted, the rebellion in the United States. [Declarant's Signature.'] Also personally appeared - and - , residents of [county, city or town] persons whom I testify to be respectable and entitled to ^credit, and who, being by me duly sworn, say that they were f present and saw --- sign her name [or make her mark] to the 'foregoing declaration, and they further swear that they have every reason to believe, from the appearance of the applicant and their acquaintance with her, that she is the identical person ske represents herself to be ; and that they have no interest in the prosecution of this claim. " [Signatures of Witnesses.} Sworn to and subscribed before me, this - day of - A. D. 18 ; and I hereby certify that I have no interest, direct or indirect, in the prosecution of this claim. [Signature of Judge or other Applicant's post office address : This must be accompanied by like proof as in other applica- tions by widows. "C." Form of Declaration for Guardian of Minor Children in order to obtain Navy Pension. STATE OP - ) County of -- j On this - day of -- A. D. 18 , personally appeared be- fore the - - of the- -- [or the judge or clerk of such court], - , a resident of - , in the county of - , and State of -- , aged - years, who, being first duly sworn according to law, doth on oath make the following declaration, as guardian of the minor child of - deceased, in order to obtain the benefits of the provision made by the act of Congress, approved July 14, 1862, granting pensions to minor children, under sixteen years of age, of deceased officers and seamen ; that he is the guardian of [naming the minor child or children, his ward or wards], whose father was a - r hyre state the father's service], and that the said - died at - , on the - day of - , in the year 18, [here state the cause of death] ; that the mother of the child - aforesaid, died [of again married^ being now the wife of -- ], on PENSIONS FOB WIDOWS AND ORPHANS IN NAVY CASES. 473 the day of , in the year ; and that the date of birth of his said ward as follows. He further declares that the parents of his said ward were married at , on the day of , in the year , by . [Guardian's Signature.] Sworn to and subscribed on the day and year first above written, before ; and I hereby certify that I have no inter- est, direct or indirect, in the prosecution of this claim. f [Signature of Judge or other Officer ?\ This must be accompanied by a certified copy of the letters of guardianship, and by the same proof as in the case of widows. III. GRATUITOUS PENSIONS TO MOTHERS AND SIS- TERS OF DECEASED SOLDIERS OR SAILORS IN THE NAVAL SERVICE. These have never been granted previous to the law of July 14th, 1862. The following are the regulations of the Pension Office in respect to them : 1. If the claimant be the mother of the deceased soldier, it will be necessary to prove that he was disabled, or killed, or died of disease contracted in the service, and in the line of his duty. If he received an invalid pension, or his death appeared on the government rolls, reference to these will be sufficient. 2. It will further be necessary to prove that the deceased left no wife nor children ; that the claimant was legally married and the mother of the deceased, and was and remains a widow ; that she was partially or totally dependent upon him for support, and that she has not in any manner aided or abetted the rebel- lion in the United States. 3. In the case of orphan minor sisters, claiming a pension, it will be necessary to prove the death of the deceased brother, in % the same way as above stated, and also, the marriage of the pa- rents of the claimant or claimants ; the death or marriage of the mother of the deceased ; the relationship between the claimant or claimants and the deceased; the names and ages of the sisters under sixteen years of age, who were dependent on the deceased in whole or in part, for support ; that the deceased left neither widow nor children ; and that the claimant or claimants had not in any way aided or abetted the rebellion against the United States. 474 PENSIONS FOR WIDOWS AND ORPHANS IN NAVY CASES. Affidavits in proof of these several facts may be made before a justice or other officer authorized to administer oaths generally ; but his official character must be certified by the clerk of the proper court under its seal. The ages of the minor claimants should be given where possible, by an abstract from the parish register, duly authenticated. "D," Form of Declaration for Mother's Application for Army Pensions. STATE OP p County of - " On this - day of - , A. D. - , personally appeared before the - , of the - , , a resident of - , in the county oi - , and State of - , aged - years, who, being first duly sworn according to law, dotk on her oath make the following delaration, in order to obtain the benefits of the provisions made by the act of Congress July 14th, 1862 : That she is the widow of - , and mother of - , who was a - in company - , commanded by - , in the - regiment of - , in the war of 1861, who [here state the time, place and cause of death]. She further declares that her said son, upon whom she was wholly or in part dependent for support, having left no widow nor minor child under sixteen years of age surviving, declarant makes this application for a pension under the above mentioned act, and refers to the evidence filed herewith, and that in the proper department, to establish her claim. She also declares that she has not, in any way, been engaged in, nor aided or abetted the rebellion in the United States ; that she is not in the receipt of a pension under the second section of the act above mentioned, nor under any other act, nor has she again married since the death of her son, the said [Declarant's Signature.] Also personally appeared - and - , residents of [county, city or town], persons whom I certify to be respectable and enti- tled to credit, and who, being by me duly sworn, say that they were present and saw - sign her name (or make her mark) to the foregoing declaration, and they further swear that tncy have every reason to believe, from the appearance of the applicant, and their acquaintance with her, that she is the identical person she represents herself to be. [Signatures of Witnesses.} PENSIONS FOR WIDOWS AND ORPHANS IN NAYT CASES.475 Sworn to and subscribed before me this day of , A.D. 18 ; and I hereby certify that I have no interest, direct or in- direct, in the prosecution of this claim. [Signature of Judge or other Officer.'] Applicant's Post-office address : "D." Form of Declaration for Mother's Application for Navy Pensions. STATE OF County of f SS ' On this day of , A. D. , personally appeared be- fore the , of the , -, a resident of in the county of , and State of , aged years, who, being first duly sworn according to law, doth on her oath make the following declaration in order to obtain the benefits of the provisions made by the act of Congress approved July 14, 1862, granting pen- sions ; that she is the widow of , and mother of , who was a [here state decedent ' service, and personal description], who [here state the time, place and cause of death]. She further declares that her said son, upon whom she was wholly or in part dependent for support, having left' no widow nor minor child under sixteen years of age surviving, declarant makes this application for a pension under the above-mentioned act, and refers to the evidence filed herewith, and that in the proper department, to establish her claim. She also declares that she has not in any way been engaged in, nor aided or abetted the rebellion in the United States ; that she is not in the receipt of a pension under the second section of the act above mentioned, nor under any other act, nor has she again married since the death of her son, the said . [Declarant's Signature.] -'. Also personally appeared and , residents of [county, city or town], persons whom I testify to be respectable and enti- tled to credit, and who, being by me duly sworn, say that they were present and saw sign her name [or make her mark] to the foregoing declaration ; and they further swear that they have every reason to believe, from the appearance of the appli- cant and their acquaintance with her, that she is the identical person she represents herself to be. [Signatures of Witnesses.] Bworn to, and subscribed before me, this day of , 47C PENSIOXS FOU WIDOWS AND ORPHANS IN NAYY CASES> A. D. 18 ; and I hereby certify that I have no interest, direct or indirect, in the prosecution of this claim. [Signature of Judge or other Officer.} Applicant's Post office address: Form of Declaration of Guardian of Orphan Sisters for Army Pension, BTATE OF County of On this day of , A. D. , personally appeared before the of the , , a resident of , in the county of , and State of , aged years, who, being first duly sworn according to law, doth on oath make the following declaration, in order to obtain a pension under the act of July 14, 1862 : That he is the legally-appointed guardian of [here give the names and ages of hi* ward 07' wards], who the only surviving child , under sixteen years of age, of ," and , his wife, and sister of , who was a , in company , commanded by , in the regiment of , in the war of 1861, who [here state the time, place, and came of his death]. That the brother of his said ward , upon whom [they were] wholly, or in part, de- pendent for support, having left no widow, minor child or children-, nor mother, declarant as guardian, and on behalf of his ward, refers to the accompanying evidence, and such as may be found in the department, to establish her [or. their] claim under the law abovo named. He further declared that his said ward not in the receipt of any pension under oaid act. He further declares that his ward not, in any way, been engaged in, nor aided or abetted, the rebellion in the United States. [ Guardian's Signature.] Applicant's Post-office address : Sworn to, and subscribed before me, this day of , , A. D. 18 ; and I hereby certify that I have no interest, direct! or indirect, in the prosecution of this claim. [Signature of Judge or other Officer.] Form of Declaration of Guardian of Orphan Sisters for Navy Pension. BTATE OF County of On this day of , A. D. , personally appealed ARREARS OF PENSIONS. 477 before the , of the , , a resident of : , in the county of , in the State of , aged years, who, being first duly sworn according to law, doth on oath make the following declaration, in order to obtain a pension under the act of July 14, 1862. That he is the legally-appointed guardian of \Ti-ere give the names and ages of his ward or wards], who the only surviving child , under sixteen years of age, of , and , his wife, and sister of , who was a (here state decedent's service and personal description], who here state the time, place, and cause of his death]. That the orother of his said ward , upon whom [they were] wholly [or in part] dependent for support, having left no widow, minor child or children, nor mother, declarant as guardian, and on be- half of his ward , refers to the accompanying evidence, and such as may be found in the department, to establish her [or their] claim under the law above named. He further declares that his said ward not in receipt of any pension under said act. He also declares that his ward not, in any way, been engaged in, nor aided or abetted, the rebellion in tb" United States. [Guardian's Signature.] Sworn to, and subscribed before me, this day of , A. D. 18 ; and I hereby certify that I have no interest, either direct or indirect, in the prosecution of this claim. [Signature of Judge or other Offiwr.] Applicant's Post-office address : ARREARS OF PENSIONS. Under the provisions of the acts of 2d March, 1829, and 29th June, 1840, in case of the death of any pensioner, the arrears of pension, due to him at the time of his death, must be paid : 1. To the widow of the deceased pensioner, or to her attorney ; proving herself to be such before a court of record. 2. If there be no widow, then to the executor or administrator on the estate of such pensioner, for the sole and exclusive benefit of the children, to be by him distributed among them in equal shares ; and the law of 1840 declares that the arrears of pension " shall not be considered a part of the assets of said estate, nor liable to be applied to the payments of the debts of said estate in any case whatever." 3. In case of the death of any pensioner, who is a widow, 478 ARKEARS OP PENSIONS. leaving cMldren, the amount of pension due at fche time of her death must be paid to the executor or administrator for the berefit of her children, as directed in the foregoing paragraph. 4. In case of the death of any pensioner, whether male or female, leaving children, the amount of pension may be paid to any one or each of them as they may prefer, without the inter- vention of an administrator. If one of the children is selected to receive the amount due, he or she must produce a power of attorney from the others, for that purpose, duly authenticated. 5. If there be no widow, child, nor children, then the amount due such pensioner, at the time of his death, must be paid to the legal representative of the deceased. C. When an executor or administrator shall apply for the pension due to a deceased person, he must deposit a certificate of the clerk of the court, judge of probate, register of wills, ordinary or surrogate (as the case may be), stating that he is duly authorized to act in that capacity on the estate of the deceased pensioner, and, if a male, that it has been proved to his satisfaction that there is no widow of the said pensioner living. 7. In all cases of payment being made of moneys due a de- ceased pensioner, the original pension certificate must be sur- rendered, as evidence of the identity of the person to whom the pension claimed was due, or other substantial evidence of such identity must be produced in case such certificate cannot be obtained for surrender, and that due search and inquiry have been made for said certificate, and that it cannot be found. The date of said pensioner's death must be proved before a court of record. 8. A certificate of the facts proved must be obtained from the clerk of the court. Oath of Identity where Arrears are due, and Certificate to be Surrendered. STATE OP ) County of f ** On this day of , A. D. 18 , before me, a Justice of the Peace, within and for said county, dsly authorized by ARREARS OF PENSIONS. 479 law to administer oaths, personally appeared ^ , and made oath in due ibrm of law, that he is the identical person named in an original certificate, dated at the Department of the Interior on the day of , A. D. 18 , and to be herewith surrendered, and of which the following is a copy, viz. [her6 copy certificate at length] : that he now resides 1 at , in , and has resided there for the space of years past ; and that previous thereto he resided in -; of the truth of which statement I am satisfied. [Signature.] Sworn to, and subscribed before me, this day of A.D. 18 . [J. P.] Oath of Identity of Widow or Child, or Executor or Adminis- trator of a Deceased Person. STATE OF / County of f Be it known, that before ine, , a in and for the county aforesaid, duly authorized by law to administer oaths, personally appeared , anud made oath in due form of law, that she (or he as the case may be) is the widow [a son, or daugh- ter, or executor, of the last will and testament, or the adminis- trator of the estate-, as the case may be] of , the identical person who was a pensioner, and is now dead, and to whom a certificate of pension was issued, which is herewith surrendered. [In case the pension certificate has been lost, insert immediately after the name or names of the widow child, or children, as the case may be, the following: "And that the pension certifi- cate of said pensioner has been lost, and after due search and in- quiry therefor it cannot be found."] That the deceased pensioner resided in , in the State of , for the space of years before his death ; and that pre- vious thereto he resided in . * Sworn to and subscribed this day of , 18 , before > me. [J. P.] [ Certificate and Seal of Cleric of Court] Power of Attorney, Know all men by these presents, that I, , of , in the county of , State of , widow [or child, or otherwise 09 the case may be] of , who was an invalid pensioner of the United States, do hereby constitute and appoint , my true and lawful attorney, for me, and in my name, to receive frora the agent of the United States fey paying pensions in * ^ 480 RENEWAL OF PENSIONS. State of , tlie balance of said pension from the day of , 18 , to the day of , being the day ef his death. Witness my hand and seal, this day of , 18 . Sealed and delivered in the presence of Witness. ' [Seal.] STATE OF County of On this day of A. D. 18 , before the undersigned authority within and for said county, personally came , [widow, or child, or executor, or administrator] of 'de- ceased, and acknowledged the signing and sealing of the forego- ing power of attorney, for the purposes therein expressed. Given under my hand, the day and year aforesaid. \J. P.] The official character of the magistrate or other officer taking the acknowledgment, must be certified by the clerk of the proper court under its seal, as in other cases. Certificate of the Court as to the Death of a Pensioner. STATE OF ) County of $ ss ' I, , clerk of the court of , h olden at , in and for , do hereby certify, that satisfactory evidence has been exhibited to said court that was a pensioner of the United States, at the rate of dollars per ; was a resi- dent of the county of , in the State of , in the year -. , on the day of ; that he left a widow [or no widow, or child, or children, as the case may 1e\ whose name is or are, as the case may ~be\ . In testimony whereof, I have hereunto set my hand and [L. s.] affixed my seal [seal of the court] of office at , this day of , in the year of our Lord 18 . , Clerk of the . RENEWAL OF PENSIONS. Declaration for Renewal. [Military Case.} STATE OF ( County of } O n this day of , A. D. 18, before the court [or before me , judge, or clerk of the court], a court of record within and for said county, personally appeared , a KENEWAL OP PENSIONS: 481 resident of said county, aged years, who being first duly sworn according to law, doth, on her oath, make the following declaration in order to obtain the benefits of the act of , re- newing half-pay to certain widows and orphans. That she is the widow of , who was a , in company , commanded by Captain , in the regiment of , com- manded by Colonel , in the war with ; for proof of which she refers to the paper on file in her original application, upon which she formerly obtained a pension at the rate of dollars per month, payable at the agency for paying pensions in , in the State of ; the certificate of which pension has been surrendered. She now claims the benefits of the act oi , and asks that her name may be placed upon the list of pen- si oners payable at the agency in , in the State of . She further declares that she is still a widow. [Signature of Claimant.'] Sworn to and subscribed in open court [or before me , judge, or clerk of said court of ], the day and year aforesaid. And I certify that I believe [or know] the declarant to be the person she represents herself to be, and that I am not interested in her said claim. r T In testimony whereof I hereto set my hand and affix the ' S ' J seal of said court, this day of , A. D. 18. [Clerk's Signature.] If sworn to before a judge, his official character must be certi- fied by the clerk, under the seal of the court. STATE OF County of On this day of , A. D. 18 , personally appeared be- fore the court [or before me judge, or - - clerk, of the court], a court of record in and for said county, , and , wh6 are [to me well 'known to be] residents of the county of , and credible witnesses, and who being first duly sworn, depose and say, that they are well acquainted with Mrs. w ho subscribed and made oath to the above declara- tion iijtiheir presence, and have known her for at least years last past ; that she is the widow of , who served in the man* ner specified in said declaration ; that she is the identical person to whom a pension was granted for such service, at the rate of dollars per month ; and that she is still a widow. [Signature.] [Certificate of Oath,} 482 RENEWAL OF PENSIONS. Declaration for Renewal. [Naval Case.] To THE COMMISSIONER OF PENSIONS: The memorial of the undersigned, the widow of the late , who was a in the navy of the United States, respectfully shows : That her husband, the aforesaid , entered the service of the United States in the year ; that while in the said service and holding the rank above mentioned, he departed this life at , on the day of , in the year ; that the under- signed was married to the said , on the day of , in the year , and in proof thereof, she refers to papers on file in the Pension Office, upon which she obtained a pension for five years. She therefore claims the benefits of the act of Congress of the granting pensions to the widows of officers, seamen and marines, who have died in the service aforesaid ; and she requests that her name may be inscribed on the roll of pensions under that law, who are paid at , in the State of . [Claimant* & Signature.'] Here must follow a certificate of the judge or clerk, as in, the case of a widow whose husband was in the military service. The same proof as in the last-mentioned case must accompany the declaration, and a power of attorney must also be executed in such cases. INCREASE <XF PENSIONS. Regulations. No application for an increase of an invalid pension wih ba examined, unless the proof be first presented to the Pension Agent, where the payment is made. He will forward the " Sur- geon's Affidavit," the " Pension Certificate," etc., to the Depart- ment of the Interior. If the applicant was pensioned on account of a wound re- ceived previous to the war of 1812, he should be exami|^^by two surgeons, under a commission issued by a judge of one of the United States courts, in order to obtain an increase of his pension. The magistrate who may administer the oath to the surgeons must certify that they are respectable in their professions, or he- INCREASE OP PENSIONS. 483 lieves, on the information of others, that they are so. And the official character of the magistrate must be certified by a proper officer under his seal of office. If the claimant be within thirty miles of an army surgeon, he "Xmss obtain his testimony. Application for Increase. [Army Case,] County of On this day of , A. D. 18 , before me, a within and for said county, personally appeared , a resi- dent of said county, aged years, who, being by me first duly sworn, declares that he is the same person in whose favor a certificate of pension was issued on the day of , 18 , by the Secretary of the Interior, at the rate of , per month, from the day of , 18 ; and which pension has been paid to him to the day of , 18 ; at the agency of , in the State of . That the disability for which the said pension was allowed was caused by < , in the line of his duty as a , in company , in the - ^ regiment of , in the war with , and was graduated for [state the degree of disability for which the said pension was allowed, as: one-fourth, one-half, or otherwise] disability from manual labor. That said disability has since increased [here gim ike nature and effect of the increase] and renders him less able than formerly to perform manual labor, as will appear by the surgeon's affidavit herewith filed. He makes this declaration for the purpose of obtaining an in- crease of his pension, corresponding with the increase of his dis- ability as aforesaid. Claimant's Signature.] Sworn to and subscribed before me, the day and year afore- said ; and I certify that I have no interest whatever in the fore- going claim. [ Officer's Signature.] Surgeon's Affidavit. hereby certified that , formerly of Captain 's company, in the regiment of , who, it appears by the accompanying pension certificate, was placed on Hie pen- sion roll at the rate of dollars per month, on account, as he states, of having received a [here give a particular description of the wound, injury, or disease, and specify in what manner it ha* 484 INCKEASE OF PENSIONS. affected the applicant so as to produce disability in the degree stated; and show its origin and progress}, while in the line of duty, and in the said service, on or about the day of , in the year , at a place called , in the State of , is not only still disabled in consequence of the said injury, but in the opinion of the undersigned, is entitled to [one-fourth, one-half, or, ns the case may be], more than he already receives as a pen- sioner, being disabled to a degree amounting to [this must befitted up with the degree of disability, as one-fourth, one-third, one-half^ three-fourths] a total disability. [Signatures of two Surgeons.] Sworn to and subscribed before me, the day and year afore- said ; and I certify that I am acquainted with and , and know them to be respectable surgeons, in good standing in their profession ; 'and that I have no interest whatever in the above claim. % [Officer's Signature.} To these must be appended the certificate of the clerk of the proper court, under its sea^ as to the official character of the magistrate administering the oaths. Application for Increase of Navy Invalid Pensions, STATE OF - County of j S8 ' On this day of , 18 , before me, , a , per- sonally appeared , a resident of , who being duly sworn, declareth that he is the same person in whose favor a certificate of pension was issued on the day of , 18 , under the signature and seal of the Secretary of the Interior, at the rate of dollars cents per month, from the day of , 18 , and which pension has been paid him to the day of , 18 , inclusive, at the Navy Pension Agency. That the disability for which the said pension was allowed was caused by , in the line of his duty while attached to the United States [here insert class or name of vessel], and holding the rank of , in the year 18 , and was graduated for [state degree of disability mentioned in certificate] disability from manual labor ; but that such disability having increased, the said , for the purpose of obtaining a corresponding increase of his pension, requests that a Board of Survey may be ordered immediately in his case, to be held at the United States Naval Station at . [Claimant's Signature.] LOSS OF PENSION CERTIFICATES. 485 Sworn to and subscribed before me, the day and year afore- said ; and I certify that I have no interest in the above claim. [Officer's Signature.] The clerk's certificate and seal must be attached as in other cases. This declaration must be. accompanied by the affidavit of two witnesses, who can swear to the claimant's identity. LOSS OP PENSION CERTIFICATES. Application for Renewal of Lost Certificates. STATE OF County of On this day of , 18 , before the subscriber, a for said county, personally appeared , who, on his oajh, declares that he is the same person who formerly belonged to the company commanded by Captain , in the regiment commanded by Colonel , in the service of the United States ; that his name was placed on the pension roll of the State of ; that he received a certificate of that fact under the signature ai^d seal of the Secretary of ; which certificate, on or about the day of -, 18 , at or near [here state par- ticulars of loss or destruction of certificate]: [Claimant's Signature.] Sworn to and subscribed before me, the day and year afore- said ; and I certify that I have no interest in the above claim. [Officer's Signature.] Affidavit of Witness. STATE OF - ) ' County of J On this day of , 18 , before the subscriber, a for said county, personally appeared , who, on hia oath, declares that he well knows , who has executed the foregoing affidavit, to be the identical pensioner named therein. He jMther says 'that he has no interest in the above claim. [Signature of Witness.] Sworn to and subscribed before me, the day and year afore- said; and I certify that the said is to me well known to be a person of veracity. [Officer's Signature.] Append certificate of clerk, under seal, as in other cases. 488 TRANSFER OF PAY AGENCY. TRANSFER OF PAY AGENCY. Form of Application for a Transfer of Pension to another Pay-Agency; STATE OF - County of - On this - day of - , 18 , before me, the subscriber, a Justice of the Peace for the said county of - , personally appeared - , who, on his oath, declares that he is the same person who formerly belonged to the company commanded by Captain - , in the regiment commanded by Colonel - , in the service of the United States ; that his name was placed on the pension roll of the State of - , from whence he has lately removed ; that he now resides in the State of - , where he intends to remain, and wishes his pension to be there payable in future. The following are his reasons for removing from - to - . [ Claimant's Signature.'} Sworn to and subscribed before me, the day and year afore- said. Affidavit of Witness. STATE OP -- ) u County of - ] On this - day of - , A. D. 18 , before me, the sub- scriber, a - in and for said county, duly authorized to ad- minister oaths, personally came - and - - , whom I know to be residents of the county and State aforesaid, and per- sons whom I know to be respectable and entitled to credit, and who being duly sworn, say that 'they were present and saw - sign and make oath to the foregoing affidavit. They further say that they are acquainted with the said - , and know him to be the identical person he represents himself to be, and who made oath as aforesaid. [Signature of Witnesses.] Sworn to and subscribed before me, this - day ofl , A. D. 18 ; and I certify that I have no interest in this ca, ior am I concerned in its prosecution. [J. P.] The clerk of the proper court must certify, under seal, to the efucial character of the magistrate. INVALID PENSIONER. 487 I. Application of Invalid Pensioner for Payment of Pension. STATE OF County of 1 Be it known, that before me , a Justice of the Peace, in and for the county and State aforesaid, duly authorized by law to administer oaths for general purposes, personally appeared , and made oath, in due form of law, that he is the iden- tical person named in an original certificate in his possession, of which I certify the following is a true copy \Jiere insert a copy of his certificate of pension} : that the said , now resides in , and has resided there for the space of years past ; and that previous thereto he resided in , and that he has not been employed, nor paid in the army, navy, or marine service of the United States from till , of the truth of which statement I am fully satisfied. [Signature of Claimant.] [Two Witnesses.] Sworn to, and subscribed before me, this day of , A. D. 18. [/. P.] Every two years an examination of the condition of the in- valid is required before payment will be made. II. Power of Attorney. Know all men by these presents, that I, , of , in the State of , do hereby constitute and appoint my true and lawful attorney, for me, and in my name, to receive from the agent of the United States for paying pensions in , State of , my pension from the day of , 18, to the day of , 18. Witness my hand and seal this day of , 18 . Sealed and delivered in presence of [Two Witnesses.] [L. s.j III. Acknowledgment. mown, that on this day of , 1 8 , before me, -, Justice of the Peace, in and for the county and State afore- said, personally appeared above named, and acknow- ledged the foregoing power of attorney to be his act and deed. In testimony whereof, I have hereunto set my hand the.. day and year last above written. [J.P.] 488 INVALID PENSIO"NEB. IV. Affidavit of Attorney STATE OF County of Be it known, that on the day of , 18 , before me, a , duly authorized by law to administer oaths for general purposes, personally appeared , the attorney named in the foregoing power of attorney, and made oath that he has no interest whatever in the money he is authorized to receive by virtue of the foregoing power of attorney, either by any pledge, mortgage, sale, assignment, or transfer, and that he does not know or believe that the same has been so disposed of to any person whatever. [Signature of Attorney.} Sworn and subscribed, the day and year last above mentioned, before me. [J. P.] V. Clerk's Certificate. STATE OF County of I, , clerk of the court, within and for said county, do hereby certify that , Esq., before whom the foregoing declaration and power of attorney were made, and who has thereunto subscribed his name, was, at the time of so doing, a Justice of the Peace, in and for the State and county aforesaid, duly commissioned and sworn, and that his signature thereto is genuine. In testimony whereof I have hereunto signed my name, [L. s.] and affixed my official seal, this day of , 18. , Cleric. VI. Widow's Application. STATE OP - -- ) County of ' Be it know?', that before me, , a Justice of the and for the county aforesaid, duly authorized by law tcl ister oaths, personally appeared , widow of --^Rid made oath in due form of law, that she is the identical person named in an original certificate in her possession, of which (I certify) 4his is a true copy [here insert a copy of hw certificate of pension}: that she has not intermarried, but continues the widow of the above-mentioned , and that she now resides INVALID PENSIONER. 489 in - , and has resided there for the space of - years past; and that previous thereto she resided in ---- , of the truth of which statement I ana fully satisfied. [Claimant's Signature.] [Two Witnesses.} Sworn to, and subscribed before me, this - day of -- , A. D. 18. [ * P-} VII. Guardian's Application. STATE OF - ) County of - : J 8S ' Be it known, that before me, - , a Justice of the Peace, in and for the county aforesaid, duly authorized by law to admin- ister oaths, personally appeared - , guardian of -- , and made oath in due form of law, that the said - is still liv- ing, and is the identical person named in an orignal certificate in his possession, of which (I certify) the following is a true copy [here insert a copy of the certificate] : that -- now resides in - , and has resided there for the space of - years past ; and that previous thereto resided in - r-; of the truth of which statement I am fully satisfied. --- , Guardian. [Two Witnesses.} Sworn to and subscribed before me this - day of - , A. D. 18. [J. P.} Here must follow a power of attorney, acknowledgment^ affidavit, and clerk's certificate, according to the foregoing forms, "A." Application of Invalid Naval Pensioner. * STATE OP --- ) >? County of - \ 8S - Be it krown, that -before me, a - , in and for the county aforesaid, personally appeared - , an invalid pensioner, and made oath in due form of law, that he is the identical - named in an original certificate of pension, bearing date at the Department, on the - day of - , and signed by - , Secretary of the -- ; which certificate he exhibited to me, and by which it appears that he is entitled to a pension of dollars per month. [Ctaimem&s Signature.} 490 INVALID PENSIONER. Sworn to, and subscribed before me, this day of , A. D. 18. [Officer's SignatureJ\ To this must be added a power of attorney, acknowledgment, affidavit, and clerk's certificate, as in army applications. "B." Application of Widow Pensioner. STATE OP \ County of Be it known, that before me, a , in and for the county aforesaid, personally appeared , widow of , and made oath in due form of law, that she is the identical named in an original certificate of pension, bearing date at the Department, on the day of , and signed by the Secretary of the ; which certificate she exhibited to me, and by which it appears she is entitled to a pension of dollars per month, and that she has not intermarried, but con- tinues the widow, of the said . [Claimant's Signature] Sw;- " to, and subscribed before me, this day of , A D. l& .. [ Officer's Signature] "C." Application of Guardian of Minor Children. STATE OF County of Be it known, that before me, a , in and for the county aforesaid, personally appeared , guardian of , orphan child [or children] of , and made oath in due form of law, that he is the guardian named in the accompanying cer- tificate of guardianship; that his wards are the children of ,. referred to in an original certificate of pension, bearing date at the Department, on the day of , and signed by , Secretary of the ; by which it appears that they are entitled to a pension of dollars per month ; and that said children are still living, and not over sixteen years of age. [Claimant's Signature.] Sworn to. and subscribed before me, this day of . A. D. 1&-. [ Officer's Signa ture.] PENSIONER'S OATH OP ALLEGIANCE. 491 Surgeon's Affidavit We, the subscribers, practicing physicians [or surgeons] in the town of , county of , and State of , do here- by certify that we have carefully examined , who is now on the invalid pension roll of the agency of -, in the State of , and find that [here describe his present physical condition and disability}. And further, that his present disability for obtain- ing subsistence by manual labor amounts to [one-founth, one- third, one-half, two-thirds, three-fourths, or total, as tlie case may be.] , Physicians [or Surgeons.] fc Sworn to and. subscribed before me this day of , A. D. 18 ; and I certify that I am acquainted with the said and , and know them to be physicians [or surgeons] in good standing in said town of r-*-, as to skill and integrity. [ Officer's Signature.] Oath, of Allegiance. STATE OF County of I, , a pensioner of the United States, do solemnly that I will support, protect and defend the Constitution and Government of the United States, against all enemies, whether domestic or foreign, and I will bear true faith, allegiance and loyalty to the same, any ordinance, resolution or law of any State Convention or Legislature to the contrary notwithstanding ; and further, that I do this with a full determination, pledge and purpose, without any mental reservation or evasion what soever ; and further, that I will well and faithfully perform all the duties which may be required of me by law. So help me God. [Pensioner's Signature.'} Subscribed and sworn to before me this day of , 18. [ Officer's Signature.] ST \TE OF i County of ] ? . } clerk of the court, within and for said county, do fiflreby certify that , Esq., before whom the foregoing declaration and power of attorney were made, and who has thereunto subscribed his name, was at the time of his so doing a Justice of the Peace, in and for the said State and county, duly commissioned and sworn, and that his signature thereto is genuine. t'J2 PENSIONER'S OATH OF ALLEGIANCE. * In testimony whereof I hav hereunto signed my name [j.. s.] and affixed my offical seal, this day of , 18. , Clerk. I. Form of Declaration to be made by a Person who has never before had a Land Warrant nor made a Declaration therefor. STATE OF ) County of \ ' On this day of , A. D. one thousand eight hundred and , personally appeared before ine, a Justice of the Peace [or other officer authorized to administer oaths for general purposes], within and for the county and State aforesaid, , aged years, a resident of in the State of , who, being duly sworn according to law, ' declares that he is the identical , who was a in the company commanded by Captain , in the regiment, , commanded by , in the war with Great Britain, declared by the United States, on the 18th day of June, 1812 [or other war emlwaced in said act, describing what war] ; that he enlisted [or volunteered or was drafted], at , on or about the day of , A. D. , for the term of , and continued in actual service in said war for the term of four- teen days, and was honorably discharged at , on the day of , A. D. . He makes this declaration for the purpose of obtaining the bounty land to which he may be entitled under the act approved March 3, 1855. He also declares that he has not received a war- rant for bounty land under this or any other act of Congress, nor made any other application therefor. [Claimant's Signature.'] V'e, and , residents of , in the State of , upon our oaths declare that the foregoing declaration was signed and acknowledged by , in our presence, and that we believe, from the appearance and statements of the applicant, that he is the identical person he represents himself to be. [Signatures of Witnesses.'] The foregoing declaration and affidavit were sworn to and subscribed before me, on the day and year above written; and I certify that I know the affiants to be credible persons , that the claimant is the person he represents himself to be, and that I **ve no interest in his claim. [J. P.] LAND WAKKANTS. 493 II. Form of a Declaration to be made where the Party has had a Warrant and desires another. STATE OF ) County of \ ss ' On this day of =-, A. D. one thousand eight hundred and , personal!/ appeared before me a Justice of the Peaco [or other officer authorized to administer oaths for general purposes'], within and for the county aforesaid, , aged years, a resident of , in the State of, who, being by me duly sworn according to law, declares that he is the identical who was a in the company commanded by Captain , in the regiment of , commanded by , in the war with Great Britain, declared by the United States on the 1 8th day of June, 1812 [or other war as the case may fie], for the term of , and continued in actual service in said war for fourteen days ; that he has heretofore made application for bounty land, under the " act of September 28, 1850" [or other act, as the case may le], and received a land warrant, No. for acres, which he has since legally disposed of, and cannot now return. He makes this declaration for the purpose of obtaining the additional bounty land to which he may be entitled under the " act approved the 3d^ day of March, 1855." He also declares that he has never applied for nor received under this act nor any other act of Congress, any bounty land warrant, except the one above mentioned. [Signature of the Glaimant^\ We, and , residents of , in the State of , upon our oaths declare that the foregoing declaration was signed and acknowledged by in our presence, and that we believe, from the appearance and statements of the applicant, that he ia the identical person he represents himself to be. [Signatures of Witnesses.] The foregoing declaration and affidavit were sworn to and (subscribed before me on the day and year above mentioned ; and I certify that I know the affiants to be credible persons ; that the claimant is the person he represents himself to be, and that I have no interest in this claim. [J. P.] III. Form of Declaration to be made by the Widow of a De- ceased Person who has not had a Land Warrant. STATE OF - County of f 5 *' On this day of , A. D. one thousand eight hundred 494 "LAND WAEEATTTS. and , personally appeared before me, a Justice of the Peace [or other "officer authorized to administer oaths for general purposes]^ within and for the county and State aforesaid, , aged years, a resident of , in the State of , who, being duly sworn according to law, declares that she is the widow of , deoeased, who was a in the company commanded by Captain , in the regiment of , commanded by , in the war with Great Britain, declared by tne United States, on the 18th day of June, 1812 [or other war, as the case may be] ; that her said husband enlisted [or volunteered, or was drafted] at , on or about the day of , A. D. , for the term of , and continued in actual service in said war for the term of , and was honorably discharged at , on the day of , A. D. . She further states that she was married to the said , in , on the day of , A. D. , by one , a , and that her name before her said mar- riage was ; that her said husband died at , on the the day of , and that she is now a widow. She makes this declaration for the purpose of obtaining the bounty land to which she may be entitled under the " act ap- proved March 8, 1855 ;" and she further declares that she has not received or applied for bounty land under this or any other act of Congress. [Claimant's Signature.] We, and , residents of , in the State of -, upon our oaths declare that the foregoing declaration was signed and acknowledged by in our presence, and that we believe, from the appearance and statements of the applicant, that she is the identical person she represents herself to be. [Signatures of Witnesses.] The foregoing declaration and affidavit were sworn to and sub- scribed before me, on the day and year above written ; and I certify that I know the affiants to be credible persons ; that the claimant is the person she represents herself to be, and that I have no interest in this claim. [J. P.] [Add certificate of clerk, under seal ; as in other cases.] IV. Form of Declaration to be made bythe Widow of a De- ceased Person who has had a Land warrant, and desire* another. STATE OF ) County of J * Ou this day of , A. D. one thousand eight hundred LAND WAKKANTS. 495 and , personally appeared before me, a Justice of the Peace [o-r other officer authorized to administer oaths for general purposes], within and for the county and State aforesaid, , aged jears, a resident of , in the State of , who being duly sworn according to law, declares that she is the widow of , deceased, who was a in the company commanded by Cap- tain , in the regiment of , commanded by , in the war with Great Britain, declared by the United States, on the 18th day of June, 1812 [or other war, as the case may he]* that her husband enlisted [or volunteered, or was drafted] at *- , on or about the day of , A. D. , for the term of , and continued in actual service in said war for the term of , and was honorably discharged at , on the day of , A. D. . She further states that she was married to the said , in , on the , day of , A. D. , by one , a , and that her name before hei said marriage was ; that her said husband died at on the day of A. D. , for proof of which she refers to her former declaration ; and that she is now a widow. She fur- ther declares that she has heretofore made application for bounty land, under the " act approved September, 28, 1850 [or other act as the case may he], and obtained a land warrant for acres, No. , which she has legally disposed of and it can not now be returned. She makes this declaration for the purpose of obtaining the bounty land to which she may be entitled under the " act ap- proved March 3, 1855." [Claimant's Signature.] We. and residents of , in the State of , upon our oaths declare that the foregoing declaration was signed and acknowledged by , in our presence ; and that we believe, from the appearance and statement of the applicants, that she ia the identical person she represents herself to be, and is still a widow. [Signatures of Witnesses] The foregoing declaration and affidavit were sworn to and subscribed before me on the day and year above written ; and I certify that I know the affiants to be credible persons, that the claimant is the person she represents herself to be, and ia still a widow ; and that I have no interest in this claim. [J. P.] [Attach cleik's certificate and seal in the usual form.] It is not necessary that proof of marriage and death should 496 LAND WAKRAN1S. Accompany the foregoing declaration : the only additional proof required being continued icidownood. FORMS AND REGULATIONS FOR THE ASSIGNMENT OF LAND WARRANTS AND LOCATIONS. Form of Assignment. No. 1. For value received, I , to whom the within warrant, No. , was issued, do hereby sell and assign unto , of , and his heirs and assigns forever, the said warrant, and author- ize him to locate the same, and receive a patent therefor. Wit- ness my hand and seal, this day of , A. D. 18 . [L. s.] Attest: [Two Witnesses.] STATE OF County of On this day of , in the year eighteen hundred and -, before me personally came , to me well known, and acknowledged the foregoing assignment to be his act and deed, and I certify that the said is the identical person to whom the within warrant issued, and who executed the foregoing as- signment thereof. [Officer's Signature.} Acknowledgment where the Vendor is not known to the Officer, and Ms Identity has to be proved. STATE OF County of * On this day of , in the year , before me personally came , and , and the said being well known to me as a credible and disinterested person, was duly sworn by me, and on his oath declared and said that he well knows the said , and that he is the same person to whom the within warrant issued [or was assigned], and who executed the foregoing assignment, and his testimony being satisfactory evidence to me of that fact, the said therefore acknowl- edged the said assignment to be his act aud deed. [Officer's Signature.} Form for the Assignment of the Location. No. 2. For value received, I, , to whom the within certificate of location was issued, do hereby soil and assign unto , and to LAND WAKRANTS. 497 his heirs and assigns forever, the said certificate of location, and the warrant and land therein described, and authorize him to receive the patent therefor. Witness my hand and seal, this - day of - , 18 . [L. s.] Attest: [Two Witnesses.] Form of Acknowledgment where the Vendor is Personally known to the Officer taking the same. STATE OF County of On this - day of - , in the year - , personally ap- peared [here insert the name of the person to whom the certificate of location issued], to me well known, and acknowledged the forego- ing assignment to be his act and deed ; and 1 certify that the said [here insert the name of the person to whom the certificate issued] is the identical person to whom the within certificate of location issued, and who executed the forgoing assignment thereof. [Officer's Signature.] By the terms of the law granting bounty lands, the fees are as follows : For a forty-acre warrant, fifty cents each to a register and re- ceivertotal, $1.00. For an eighty-acre warrant, one dollar each to register and re- ceivertotal, $2.00. For a one hundred and sixty acre warrant, two dollars each to register and receiver total, $4.00. Form of a Power of Attorney. Know all men by these presents, that I [here insert the name of warrantee], of the county of -- , and State of -- , do nereby constitute and appoint - , of -- , my true and law- ful attorney, for me, and in my name, to sell and convey [of locate, as the case may ~be\ the within land warrant, No. - , for - acres of land, which issued under the act of September, 1850. STATE OF - ) County of -- \ ' On this -- day of - , in the year 18 , personally ap peared --- , before the undersigned authority within and fo* 498 RESTORATION TO PENSION EOL1S. eaid county, and acknowledged the foregoing power of attorney to be his act and deed ; and I certify that I am acquainted with the said , and know him to be the same person who is described in said power, and who executed the same. [ Officer's Signature.} [Here must follow the certificate of the clerk, under seal, as in other cases.] Pensions in States heretofore in Insurrection. By an Act approved February 4, 1862, the names of all peisona living in the States declared in insurrection were dropped from the pension rolls. Persons heretofore receiving pensions in those States, who still claim the benefits of the pension laws, must make application for restoration to the rolls, with the requisite evidence in accordance with the following forms and instruc- tions : Form of application for restoration to the pension rolls by persons whose names have been dropped under the act February four, eighteen hundred and sixty-two. STATE OF County of On this day , A. D. one thousand eigftt hundred and , personally appeared before me, [judge, clerk, or deputy clerk,] of the court in said State and county, the same being a court of record, A. B. , aged years, a resident of , in the State of , who, being dnly sworn according to law, declares that he [or she[ is the identical A. B. who was a pensioner on the roll of the agency at , and whose pension certificate is herewith returned ; that he [or she] has resided since the first day of January, A. D. eighteen hundred and sixty-one, as follows : [here nams the place or places at which the applicant has resided ;] that during this period, his [or her] means of subsistence have been [here name the employment or other means by which a livelihood has been gained ;] and that he has not borne arms against the Government of the United States, or [or she has not] in any manner encouraged the rebels, or mani- fested a sympathy with their cause ; and that he [or she] was last paid his [er her]*pension on the dyy of , A. D., 18. This application is made for the purpose of securing a restore RESTORATION TO PENSION BOLLS. 409 tion of his [or lier] name to the pension rolls, and of obtaining a new pension certificate, such as he [or she] may be entitled to under existing laws, reference being made to the evidence here- tofore tiled in the Pension Office to substantiate his [or her] original claim. [Signature of applicant.'] Also personally appeared and , residents of, [county, city, or town,] persons whom I certify to be respectable and entitled to credit, and who, being by me duly sworn, say that they were present and saw - sign his [or her] name [or make his mark] to the foregoing declaration ; and they further swear that they have every reason to believe, from the appearance of the applicant and their acquaintance with him, [or her,] tbat he [or she] is the identical person he [or she] represents himself [or herself] to be ; and they further swear that they have no in terest in the prosecution of this claim. I/Signatures of witnesses.] Sworn to and subscribed before me, this - - day of , A. D. 18 ; and I hereby certify that I have no interest, direct or indirect, in the prosecution of this claim. INSTRUCTIONS. If the declarant, or any witness, signs by mark, the officer must certify that the contents of the paper were made known to the affiant before signing'. In every case the declaration or affidavit must either be signed by the affiant's own hand or else by mark ( X ). Signing by an- other hand, when the party is unable to write, is wholly inad- missible. The allegations made in the applicant's declaration must oe sustained by the testimony of two credible and disinterested witnesses, to be certified as such by the officer before whom the testimony is taken. The applicant must also take and subscribe the oath prescribed in the recent amnesty proclamation of the President of the United States, filing such oath with the application for a new pension certificate, in the following terms : I, , do solemnly swear [or affirm] in the presence of Almighty God, that I will henceforth faithfully support, protect and defend the Constitution of the United States and the Union 600 COMMUTATION TO LOYAL OWXEBS OF SLAVES. of the States thereunder ; that I will, in like manner, abide by and faithfully support all laws and proclamations which hare made during the existing rebellion with reference to the eman cipation of slaves : So help me God. If the applicant be an invalid pensioner, h^ must be examined by an army surgeon, or by a surgeon duly appointed by this office, as to the continuance of his disability. If a widow, she must prove, by two credible witnesses, her continued widowhood If the guardian of a minor child, newly appointed, he must fil evidence of his appointment as such. Commutation to loyal owners of slaves who enlisted in the armies of the United States. Approved July twenty-seven, eighteen hundred and Mity-six. Be it enacted ~by the Senate and House of Representatives of the United States of America in Congress assembled, That so much of any money in the treasury, known as the " commutation fund," as may be necessary, be, and the same is hereby, appropriated for the payment to loyal persons claiming service or labor from col- ored volunteers or drafted men, the amounts heretofore or here- after to be awarded them under the provisions of section twenty- fourth of the act entitled " An act to amend an act entitled ' An act for enrolling and calling out the national forces, and for other purposes,' " approved February twenty-foqrth, eighteen hundred and sixty-four, for each person so claimed to be held to service or labor who has enlisted or been drafted into the military service of the United States ; but such payment shall in no case be made to any person except upon satisfactory proof that the claimant has firmly and faithfully maintained his or her adherence and allegiance to the Government of the United States by defending its cause against the government of the so-called Confederate States of America in all suitable and practicable ways, and ac- cording to his or her ability and opportunity ; Provided, That no money shall be paid under the foregoing provision until the rinal report of the commissioners under the act aforesaid -shall have been made on all the claims embraced in the twenty-fourth section of said act. [By the terms of section twenty-four, act approved February twenty-four, eighteen hundred and sixty-four, it is provided that the Secretary of War shall appoint a commission in each of the slave States represented in Congress, charged to award to each loyal person to whom a colored volunteer may owe service a just compensation, not exceeding three hucdred dollars. Claims EQUALIZATION BOUNTY BILL. 501 arising under tliis law are to be submitted to the War Depart- ment.] Equalization Bounty Bill. Approved July twenty-eight, eighteen" hundred and sixty- sir. Be it enacted by the Senate and Souse of Jtepresentatives of tJie United States of America in Congress assembled, That each and every soldier who enlisted in the army of the United States after the nineteenth day of April, eighteen hundred and sixty-one, foi a period of not less than three years, and having served the term of his enlistment, has been honorably discharged, and who has received, or who is entitled to receive, from the United States, under existing laws, a bounty of ono hundred dollars, and no more ; and any such soldier enlisted for not less than three years, who has been honorably discharged on account of wounds re- ceived in the line of duty, and the widow, minor children, or parents in the order named, of any such soldier who died in the service of the United States, or of disease or wounds contracted while in the service, and in the line of duty, shall be paid the additional bounty of one hundred dollars hereby authorized. SEC. 2. And be it further enacted, That to each and every sol- dier who enlisted into the army of the United States after the nineteenth day of April, eighteen hundred and sixty-one, for a period of not less than two years, and who is not included in the foregoing section, and has been honorably discharged after serv- ing two years, and who has received or is entitled to receive from the United States, under existing laws, a bounty of one hundred dollars, and no more, shall be paid an additional bounty of fifty dollars ; and any such soldier enlisted for not less than two years, who has been honorably discharged on account of wounds received in the line of duty, and the widow, minor chil- dren, or parents in the order named, of any such soldier who died in the service of the United States, or of disease or wounds con- tracted while in the service, and in the line of duty, shall be paid the additional bounty of fifty dollars hereby authorized. SEC. 3. And. be it further enacted, That any soldier who shall have bartered, sold, assigned, transferred, loaned, exchanged, or given away his final discharge papers, or any interest in the bounty provided by this or any other act of Congress, shall not be entitled to receive any additional bounty whatever ; and when application is made by any soldier for said Bounty, he shall be required, under the pains and penalties of perjury, to make oath or affirmation of his identity, and that he has not so bartered* sold, assigned, transferred, exchanged, loaned, or given awaj either his discharge papers or any interest in any bounty as afore- laid. And no claim for such bounty shall be entertained by tha 602 EQUALIZATION BOUNTY BILL. Paymaster General or other accounting or disbursing officer, ex- cept upon the receipt of the claimant's discharge papers, accom- panied by the statement, under oath, as by this section provided. SEC. 4. And ~be it further enacted, That in the payment of the additional bounty herein -provided for, it shall be the duty of the Paymaster General, uider such rules and regulations as may be prescribed by the Secretary of War, to cause to be examined the accounts of each and every soldier who makes application there- ^or, and if found entitled thereto, shall pay said bounties. SEC. 5. And T)e it further enacted, That in the reception, exami- ation, settlement, and payment of claims for said additional oounty due the widows or heirs of deceased soldiers, the account- ing officers of the Treasury, shall be governed by the restrictions prescribed for the Paymaster General by the Secretary of War, and the payment shall be made in like manner under the direc- tion of the Secretary of the Treasury. [This law creates a large number of claims, and in their exami- nation and adjustment the accounting officer will require that the provisions of the third section of the law be strictly observed. All claims arising under this law in favor of the heirs of deceased soldiers, and all claims arising from the service of colored troops will be presented to the Second Auditor of the Treasury ; all by discharged soldiers will be presented to the Paymaster General.] Rules and Regulations. The following rules and regulations for the payment of boun ties under the act to equalize bounties, approved July twenty- eight, eighteen hundred and sixty-six, have been made by the War Department : 1. All applications shall be filed within a period of six month* from the first day of October, eighteen hundred and sixty-six, and before any payments are made shall be classified by regi- ments, battalions, or other separate organizations ; and no appli cation filed after that period shall be settled until the former ehall have been paid. 2. No application shall be entertained unless accompanied by the original discharge of the soldier and the affidavit required by the fourteenth section of the act, and the further affidavit that lie has not received, nor is he entitled to receive, from the United States, under any laws or regulations prior to the act of July twenty-eight, eighteen hundred and sixty-six, more than one hundred dollars bounty for any and all military service rendered by him during the late rebellion, over and above the amount therein claimed. EQUALIZATION BOUNTY BILL. 503 3. AH applications for the additional bounty authorized by this act from surviving soldiers shall be in the form hereinafter pre- scribed, and the evidence of identity shall be the same as is now required, and applications from the heirs of deceased soldiers shall be in the form now required by the Treasury Department. 4. As soon as the examination of the claims of any regiment, or other independent organization, shall have been properly acted upon, the Paymaster General shall take the necessary steps for their prompt payment. 5. A register shall be kept in the Paymaster GeneraVs Office, and also in the office of the Second Auditor, of all claims pre- sented under the laws, in which the claimants will be classified by regiments, &c. If the claims be allowed, the amount of bounty paid to each will be noted, and if rejected, the cause of rejection will be distinctly stated. 6. In the applications for bounty, as required by the third of these rules, the affidavit shall state each and every period of service rendered by the claimant, and also that he never served otherwise than as therein stated. 7. Organizations irregularly in the service of the United States, or called out for special purposes, as State militia, home guards, &c., and not included in the general bounty laws, are riot included within the meaning of the act. 8. Soldiers enlisted for " three years or during the war," -who were discharged by reason of the termination of the war, shall be considered as having served out the period of their enlistment, and are entitled to bounty under this act. 9. The minority of heirs, claimants for bounty under this act, must be proven to have existed at the date of its passage. Pa- rents shall receive jointly the bounty to which they may be enti- tled as heirs, unless the father has abandoned the support of his family, in which case it shall be paid to the mother. Non-resi- dence in the United States shall not be a bar to the claims of heirs who would otherwise legally inherit. The provisions of the act exclude from its benefits the follow- ing classes : 1. Those who, after serving the fall period of their enlistment, were dishonorably dischargee^ at its expiration. 2. Those discharged during enlistment by way of favor or pun- ishm^nt. 3. Those discharged on account of disability contracted in the service, but not occasioned by wounds received " in the line of duty," who shall not have previously served two or three years respectively at the time of discharge. 4. Those discharged on account of disability existing at the time of their enlistment. 5. The heirs of those who have died since their discharge of 504 FOBMS IN CASES OF COLORED TKOOP8. wounds or disease not contracted in the service and in tlie line of duty. 6. The surviving soldiers and heirs of deceased soldiers who, under previous laws, have received or are entitled to receive a bounty of more than one hundred dollars from the United States. 7. The surviving soldiers, as well as the heirs of deceased sol- diers, when such soldiers have bartered, sold, assigned, loaned, transferred, exchanged, or given away their final discharge pa- pers, or any interest in the bounty provided by this or any othei act of Congress. 8. The act of the twenty-eight of July, eighteen hundred and sixty-six, creates no right of inheritance beyond those vested by the law under which these heirs received or were entitled to re- ceive the original bounty, and debars certain classes, brothers and sisters of heirs that were entitled to receive the original bounty, from any claim for the additional bounty provided by this act. FORMS IN CASES OF COLORED TROOPS. Widow's Application for Arrears of Pay and Bounty. STATE OF County of On this day of , 18 , personally appeared before me, a in and for the county and State aforesaid, , of , in the county of , and State of , who, being duly sworn, deposes and says that she is a * person of color ; that her age is years ; that she is the widow of , deceased, late a resident of , in the State of , who was a in company of the regiment United States colored troops, who enlisted at , in the State of , on or about the day of , 186 , and who died in the service of the United States at , on or about the day of , 186 . That her maiden name was , and that she was married to the said , on the day of , 18 , at , in the State of , by , and that she ever afterwards lived with and deported herself as the lawful and dutiful wife of the sai& ; that she has had by her said husband children, named and aged, respectively, as follows : She further makes oath that her said husband was a * person at the time of entering the service of the United States, and had been since the day of , 18 . She makes this application to recover all arrears of pay, bounty, 01 other allowances due the deceased from the United States, and desires that the certificate ef pay, when issued in satisfactiou FORMS IN CASES OF COI ORED TROOPS. 505 thereof, may he sent to her at post office, county of , and State of . Signed in presence of [Signature of Claimant]. Also personally appeared and , of in the county of , and State of , who, being duly sworn, depose and say that they are well acquainted with , tho above-named applicant, who is a * person of color, and - know that she is the widow of the said , who was a in company of the regiment United States col- ored troops, and who died in the service of the United States, as above stated. That to their personal knowledge the said and the said lived together as husband and wife for years, and were so recognized by all who knew them ; that they had children, aged respectively and years. They further make oath that the said was a * person at the time of entering the Service of the United States, and had been since the day of , 18 . That their knowledge of these facts is derived from intimate acquaintance, having lived neighbors, within miles of the claimant and deceased, for the last years. They also declare that they have no interest whatever in this application. Signed in presence of [Signature of Witnesses.] Subscribed and sworn to before me, on this day of , 18 ; and I certify that the claimant and witnesses are credible and worthy, and that the foregoing declaration and affidavit were carefully read to them before signing. [Official Signature.] STATE OF , ) gg . County of , j" I hereby certify that , before whom the foregoing affi- davits were made, is a in and for the county of and State of , duly authorised to administer oaths, and that his signature thereunto is genuine. r In testimony whereof I have hereunto set my hand and official ' eeal, this day of , 18 . [L. s. ] [ Official Signa ture.] NOTES. 1. If record evidence of marriage cannot be procured, there should be fur- nished parole evidence, such as the certificate of the officer performing the marriage rites, or the affidavits of witnesses present at the marriage. Should the claimant bo unable to procure such evidence of marriage, then there should be furnished an affidavit of two disinterested witnesses, such as will fully satisfy the auditing officers that they are well acquainted with the history of the family, stating how long and where the parties lived together as husband and wife, the number, names, and ages of their children, if they had any, etc., etc. 2. Attestation of signatures by mark (?<) must be written signature*. 8. In blank space in the form designated ty an asterisk (*) is t( > -written tin word sfczca, or free, as the fact may be. 506 Father's Application for Arrears of Pay and Bounty. STA.TE OF ' County of - , On tliis - day of - , 18 , personally appeared before me, a - in and for the county and State aforesaid, - , of -- , in the county of , and State of - = , who, being duly sworn, deposes and says that he is a * -- person of color ; "that his age is - years ; and that he is the father of - , deceased, late a resident of - , in the State of - who was a - in company - of the - regiment United States colored troops, who enlisted at - , in the State of - , on or about the - day of - , 18 , and who died in the" sendee of the United States at - , on or about the - day of -- , 18 , leaving neither -wife nor child. He further makes oath that hi.s said son was born in wedlock, and that he never abandoned his support nor that of his family, and that his sou was a * -- person at the time of entering the service of the United States, and had been - since the - day of -- , 18 . He makes this application to recover all arrears of pay, bounty, or other allowances due the deceased from the United States, and desires that the certificate of pay, when issued in satisfaction thereof, may be sent to him at -- post office, county of -- , and State of - . Signed in presence of [Signature of Claimant.] Also personally appeared - and - , of -- , in the county of - , and State of -- , who, deing duly sworn, depose and say that they are personally acquainted with - , the above-named applicant, who is a * - person of color, and were also well acquainted with - , deceased, who was a - in company - of the - regiment United States colored troops, and know the said - to be the father of the said - -, who died in the service of the United States, as above stated, leaving neither wife nor child. They also further make oath that the said -- was bom in wedlock, and that the said father never abandoned his support, nor that oi his family, and that the said son was a * - , person, and had been - since the - day of - , 18 and that their knowledge of these facts is derived from intimate acquaintance, having lived within - miles of claimant and family for the last - years. They also declare that they have flo interest whatever in this application. Signed in presence of [Signature of Witnesses.] Subscribed and sworn to before me, this - day of ---- , MOTHER'S APPLICATION FOB ABBEABS. 607 18 ; and I certify that the claimant and witnesses are credible and worthy, and that the foregoing declaration and affidavit were carefully read to them before signing. [Official Signature.'} STATE of , } County of ,f 8S: I hereby certify that , before whom the foregoing affi- davits were made, is a in and for the County of , .and State of , duly authorized to administer oaths, and Fthat his signature thereunto is genuine. In testimony whereof I have hereunto set my hand and official seal, this day of , 18. [L. s.] [Official Signature.] NOTES. 1. Attestation of signatures by mark ( M) must be by written signatures. 2. In the blank space designated by an asterisk (*) is to be written the word tlave, or free, as the fact may be. Mother's Application for Arrears of Pay and Bounty. STATS OP , County of , On this day of , 18 , personally appeared before me, a in and for the county and State aforesaid, , of , in the county of , and State of , who, being duly sworn, deposes and says that she is a * person of color ; that her age is years; and that she is the mother of , de- ceased, late a resident of , in the State of , who was a in company of the regiment United States colored troops, who enlisted at , in the State of on or about the day of , 18 , and who died in the service of the United States at , on or about the day of , 18 , leaving neither wife, child, nor father. That the name of the father was , and that on or about the day of , 18 , the said . She further makes oath that her paid son was a * person, and had been since the day of , 18 , she makes , this application to recover all arrears of pay, bounty, and other allowances due the deceased from the United States, and desirea that the certificate of pay, when issued in satisfaction thereof, may be sent to her at post office, county of , and State of . Signed in presence of [Signature of Claimant.] Also personally appeared and , of , in the county of . and State of , who, being duly sworn, depose and Bay that they are personally acquainted with , the above- named applicant, who is a * person of color, and were also well acquainted with , deceased, who was a in com- 508 APPLICATION OP BEOTHEBS AND SISTERS, ETC. pany of the regiment colored troops, and know the said to be the mother of the said , who died in the service of the United States, as above stated, leaving neither wife, child, nor father. That the name of the father was , and that on or about the day of , 18, the said . They also make further oath that the said was a * person at the time of entering the service of the United States, and had been since the day of , 18 ; and that their knowledge of these facts is derived from intimate acquaint- ance, having lived within miles of the claimant and family for the last years. They also declare that they have no interest whatever in this application. Signed in presence of [Signatures of Witnesses.] Subscribed and sworn to before me, this day of r 18 ; and I certify that the claimant and witnesses are credible and worthy, and that the foregoing declaration and affidavit were carefully read to them before signing. [Official Signature.} STATE OP County of I hereby certify that , before whom the foregoing affidavits were made, is a in and for the county of , and State of , duly authorized to administer oaths, and that his signature thereunto is genuine. In testimony whereof I have hereunto set my hand and official seal, this day of , 18. [L. B.] [Official Signature.'} NOTES. 1 Attestation of signatures by mark ( M ) must be by written signatures. 3. In the blank space designated by an asterisk (*) is to be written the word slave, or free, as the fact may be. Application of Brothers and Sisters for Arrears of Pay and Bounty. STATK OF , ) County of , f On this day of , 18, personally appeared before me, a in and for the county and State aforesaid, who, being duly sworn, deposes and says that they are * persons of color ; and are the brothers and" sisters of , deceased, late a resident of , in the State of , who was a in com- pany of the regiment United States colored troops, who enlisted at , in the State of , on or about the day of , 18 , and who died in the service of the United States at , on or about the day of 18 , leaving neither wife, child, father, mother, nor any other brother or Bister, either of the full or half blood. APPLICATION OP BROTHERS AITD SISTERS, ETC. 509 "We further make oath that the said was a * person at the time of entering the service of the United States, and had been a since the day of , 18 . We make this application to recover all arrears of pay, bounty, or other allow- ances due the deceased from the United States, and desire that the certificate of pay, when issued in satisfaction thereof, may be sent to at post office, county of , and State of Signed in presence of [Signature of Witnesses.] Also personally appeared and , of , in the county of and State of , who, being duly sworn, depose and say that they are well acquainted with all of the above-named claimants, who are * persons of color, and know that they are the brothers and sisters of , deceased, who was a in company of the regiment United States colored troops, and who died in the service of the United States, as above stated, leaving neither wife, child, father, mother, nor any other brother or sister, either of the full or half blood. They also further make oath that the said was a * person at the time of entering in the service of the United States, and had been since the day of , 18 ; and that their knowledge of these facts is derived from intimate acquaint- ance with the claimants and deceased, having lived within miles of them for the last years, and were acquainted with their parents in their lifetime. They also further declare that they have no interest whatever in this application. Signed in presence of [Signature of Witnesses.] Subscribed and sworn to before me, this day of , 18 ; and I certify that the claimant and witnesses are credible and worthy, and that the foregoing declaration and affidavit were carefully read to them before signing. [Official Signature.[ STATE OP County of I hereby certify that , before whom the foregoing affidavits were made, is a in and for the county of , and State of , duly authorized tc administer oaths, and that his signature thereunto it* genuine. . In testimony whereof I have hereunto set my hand and official seal, this day of , 18 . [L. s.] [Official Signature.] NOTES. 1. Attestation of signatures by mark ( H ) must be by written signatures. 2. In blank space designated by an asterisk (*) is to be written the word nlav6,or fre^ as the fact may be. 8. Name, aff#, and residence of each of the claimants to be stated in tbe declara- tion. Minor heirs must apply through a guardian duly appointed, who will append to his application certified copies of letters of guardianship. 610 APPLICATION OP CHILDREN FOE AEBEAES. Application of Children for arrears of Pay and Bounty. STATE OF , ) County of , } On this day of , 18 , personally appeared before me a in and for the county and State aforesaid, , who, being duly sworn, deposee and say that they are * persons of color, and are the children of , deceased, late a resident of , in the State of , who was a in company of the regiment United States colored troops, who enlisted at , in the State of , on or about the day of , 18 , and who died in the service of the United States at , on or about 'the .... day of , 18 , leaving neither wife nor other child. We further make oath that the said was a * person at the time of entering the service of the United States, and had been a since the day of , 18 . We make this application to recover all arrears of pay, bounty, or other allow- ances due the deceased from the United States, and desire that the certificate of pay, when issued in satisfaction thereof, may be sent to , at the post office, county of , and State of . Signed in presence of [Signature of Claimants.'} Also personally appeared and , of in the county of , and State of , who, being duly sworn, depose and say that they are well acquainted with all the above-named claimants, who are * persons of color, and know that they are the children of , deceased, who was a in company of the regiment United States colored troops, and who died in the service of the United States, as above stated, leaving neither wife nor other child. They also further make oath that the said was a * person at the time of entering the Service of the United States, and had been since the day of , 18 ; and that their knowledge of these facts is deiived from intimate acquaint- ance with the claimants and deceased, having lived within miles of them for the last years, and were acquainted witU their mother in her lifetime. They also further declare that they have no interest whatever in this application. Signed in presence of [Signatures of Witnesses.'] Subscribed and sworn to before me, this day of , 18 , and I certiiy that the claimant and witnesses are credible and worthy, and that the foregoing declaration and. affidavit were carefully read to them before signing. [Official Signature.} APPLICATION FOR ADDITIONAL BOUNTY. 611 STATE OP County of I hereby certify that , before whom the foregoing affidavits Were made, is a in and for the county of , and State of , duly authorised to administer oaths, and that his signature thereunto is genuine. In testimony whereof I have hereunto set my hand and official seal, this day of , 18 . [L. s.] {Official Signature.] NOTES. 1. Attestation of signatures by mark ( W ) must be by written signatures. 2. In the blank space designated by en asterisk (*) is to be written the word slave, or free, as the tt ct may be. 8. Name, age find residence of each of the claimants to be statd in the declara- tion. Minor heii 3 must apply through a guardian duly appointed, who will append to his application certified copies of letters of guardianship. With each and every application for pay and bounty due colored soldier the attorney presenting the same must file his oath or affirmation that he has no interest whatever in said pay c r bounty beyond the fees for the collection of the same as fixed and established by law. The failure to file such oath or affirma- tion will in evei y case result in the suspension of the application. Application of Discharged Soldier for Additional Bounty under Act of July 28, 1866. If this declaration is made before a justice of the peace or notary public, it must be certified to by the clerk of the proper 'court that such justice or notary was duly commissioned at the time. The seal of the court should be stamped on the original paper, or, if on an attached certificate the impression should appear pn the original. Where claimant or witness, or either } sign by* mark, two disinterested witnesses who can write must attet the same. Applications executed before a notary public who has a certified copy of his commission on file in the depart- ment, with his signature and impress of his official seal thereon, need not be certified by a court of record. STATE OF County of , ss On this day of , 18 , personally appeared before me, a in and for the county and State aforesaid, , of , in the county of , and State of , personally known to me, who being duly sworn according to Jaw, declares that hia age is years, that he is a resident of , county of , State of , and that he is the identical who was enlisted 612 APPLICATION FOB ADDITIONAL BOUNTY. B3 a in company of the regiment of , to serve for the period of , and was discharged from the service of the United States as a , at , on the day of , 18 , by reason of * , and that he was again enlisted as a in company of the regiment of , to serve for the period of , and that he was discharged from the service of the United States as a , at , oa the day of , 18 , by reason of , and that there is an additional bounty of $ due him under the act of Congress approved July 28, 18G6. And he does further declare that he has not bartered, sold, assigned, transferred, loaned, exchanged or given away his final discharge papers, .or any interest in the bounty provided by this or any other act of Congress; that he has not already received or is entitled to receive any other or greater bounty than $100, and that the statement of service above given is a correct and true statement of any and all service rendered by him dur- ing the rebellion, and that he has never served otherwise than aa stated, and he desires all communications concerning this claim to be sent to him at , county of , and State of . [Signature of Claimant.'] [Two Witnesses ivho write must Sign herej] Also personally appeared before me - - and , of the county of , and State of , personally known to me, who, being duly sworn according to law, declare that they have been for years acquainted with , the above-named applicant, who was a in company , of the regiment of , and know him to be the identical person named in the foregoing declaration, and that they nave no interest whatever in this application. [Signatures of Witnesses.] Sworn to and subscribed before me, this day of , 186. [ Official Signature. ] I certify that , before whom the foregoing declaration and affidavit were made, is a , duly authorized to administer oaths, and that the above is his signature. In witness whereof I have hereunto set my hand and official seal, this day of , 186. [L. 8.] [Signature of the Clerk] . * Where there was more than one enlistment, fill the following with facts : if n more thin one, let the second statement remain blank. f If the witnesses and claimant, or either of them, make their mark, let two per- dons who can write their iiaiaes attest the signatures. The officer administering tha oath cannot b one of r .he attesting parties. When application is made by heirs of deceased soldiers for the additional bounty, they should so state the fact in the appli- APPLICATION FOR ARMY BOUNTY. 618 cation, and, if possible, give the number of the certificate, issued in any previous settlement make by the Second Auditor. By the conditions of the rules and regulations prescribed by the War Department, parents are to apply jointly. Application for Army Bounty on account of transfer from Army to Navy. To enable this office to adjudicate a claim for bounty for men originally enlisted in the army and subsequently transferred to the navy, as provided by act approved February 24, 1864, it is requisite that the blanks for answers to the following inquiries be clearly and legibly filled up, and the appended deposition pro- perly executed before any officer duly authorized by law to administer oaths, whose official character as such must be veri- fied by the certificate and seal of a court of record. If the applicant be now in the navy or marine corps, and at sea, this required deposition may be sworn to before the com- manding officer of his vessel. 1st. When and where did you enlist in the army, and for what term ? Answer. . 3d. Was this your first enlistment ; and if not, state the com- pany and regiment to which you originally belonged ? Answer. . 3d. Were you. present with your company on every muster day ; if not, state distinctly where you were and on what duty ? Answer. . 4th. When and where were you transferred from the army to the navy or marine corps (as the case may be), and to what regiment and company of the army did you belong when so transferred, and what was the name and rank of your command- ing officer? Answer. . 5th. What amount of bounty was paid you after your enlist- ment into the army, and by whom paid ? Answer. . 6th. Was that sum the whole amount paid you for such enlist- ment ? Answer. . 7th. On board what vessel, or to what naval "station, were you first sent when thus transferred ? Answer. . 8th. Were you indebted to the army for overdrawn clothing, advances, fines, or on any other account, when you were trans- 514 APPLICATION FOR ARMY BOUNTY. ferred to the navy : if so, to what amount, and on what account I Answer. . 9th. Names of all the vessels of the navy on board of which you have, since your transfer to the navy, consecutively served. and the names of their respective commanders and paymasters ? Answer. . 10th. Have you been paid any bounty since serving in the navy ; if so, when and where, and by whom was it paid ? Answer. . llth. Are you entitled to any prize money for captures made y the vessel or vessels to which you were attached since your transfer to the navy ; if so, state the name or names of the cap- turing vessels, and also of the captured vessels ? Answer. . 12th. Have you received any prize money on account of such captures; if so, how much, for what captures, when, and by whom paid ? Answer. . 13th. Are you still in the navy or marine corps ; if not, when and where were you discharged ; or how did you leave the naval service, if you were not regularly discharged therefrom ? Answer. -. STATE OF , ) County of , \ ss: On this day of , 18 , personally appeared before mo , and duly made oath that he is the identical person who applied to the Fourth Auditor of the Treasury for the unpaid bounty claimed by him on account of his enlistment into the army of the United States, and that the answers to each and every of the foregoing inquiries in relation thereto, which have been read and carefully explained to him beforehand, are true. [Signature of Claimant.^ Also personally appeared before me and , of the county of , and State of , who, being duly sworn accord- ing to law, declare that they have been for years acquainted with , the above-named applicant, who was a in com- pany of the regiment of volunteers, and know him to be the identical person named in the foregoing declara- tion ; and that they have no interest whatever in this application. [Signature of Witnesses,] Sworn to and subscribed before me, this day of , 18. [ Official Signature. ] I certify that , before whom the fore^oim? 'J^aration and affidavit were made, is a , duly authorized to administer fcaths, and that the above is his signature, INSTRUCTIONS FOB PIIEPABING CLAIMS. 515 In witness whereof I Jiaye hereunto set my Land and seal, this - day of - , 18 . [L. s.] [Signature of the Cleric.'] N>:,TE. In 'ill cases whore a mark is substituted for the written signature, tw-l disinterested witnesses are required. Discharges, both from the army and navy (if the claimant be not still in the latter service), should always be sent with this paper, after iti execution, to the Fourtr Auditor's Office. INSTRUCTIONS FOE PREPARING CLAIMS FOR BOUNTY MONEY. The following instructions and forms are extracted from a cir- cular of the Second Auditor of the Treasury, relating to claims, for pay and bounty : OF BOUNTY. The act, approyed July 11, 1862, provides " that said bounty shall be paid to the following persons, and in the order following, and to no other person, to wit : First, to the widow of such deceased soldier, if there be one. Second, if there be no widow, then to the children of such deceased sol- dier, share and share alike. Third, if such soldier left neither widow, nor child, nor children, then, and in that case, such bounty shall be paid to the following persons, provided they be residents of the United States, to wit : First, to his father, or it he shall not be living, or has abandoned the support of his family, then to the mother of such soldier ; and if there be no father nor mother, as aforesaid, then such bounty shall be paid to the brothers and sisters of the deceased sold: or, resident as afore- said." By the same act, the bounty of one hundred dollars to widows, etc., of volunteers, is also given to the widows, etc.,. of those per- sons who have enlisted in the regular forces since the first day of July, 1861, or shall enlist in the regular forces during 1862, to be paid to the heirs named in this act. Widowo of commis- sioned officers, and of soldiers dying after being discharged, arc not entitled to bounty, nor are the widows of deceased three- months volunteers. DISLOYALTY. In section four of " an act :o grant pensions," approved July 24, 1862, it is provided, "that no moneys shall 516 CLAIMS FOB BOUNTY MONEY. be paid to the widow, or children, or any heirs of any deceased soldier, on account of bounty, back pay, or pension, who have in any way been engaged in, or who have aided or abetted the existing rebellion in the United States ; but the right of such disloyal widow, or children, heir or heirs, of such soldier, shall be vested in the loyal heir or heirs of the deceased, if any there be." Information in regard to such cases will receive the attention of the accounting officers. APPLICATION. The claimant or claimants must make a written application, under oath, and over his, her, or their own signature, stating his, her, or their name, age, residence, connection to tho deceased, with the letter or name of the Captain of the com- pany, and regiment to which he belonged ; time of his death and the nature of the pay claim whether " arrears of pay," etc. ; and the " $100 bounty," under act of July 22, 1861. An application by the guardian should give the name and age of the ward or wards, and should be accompanied by letters of guardianship, or an authenticated copy thereof. In the applica- tion of a mother claiming bounty, her husband being alive, the facts upon which the claim is made should be clearly stated and proved. If the soldier died unmarried, leaving no child, it must be stated by the applicant, and also by the disinterested wit- nesses. PROOF. To satisfy the accounting officers that the person or persons thus claiming is or are entitled to the money in the character he, she or they, may claim, the depositions of two credible witnesses will be required, stating that they are acquainted with the claimant or claimants, the connection held to the deceased, and that they (the deponents) are disinterested. Proof of marriage (record evidence if possible) must always accompany the applications of those claiming to be widows. If the soldier died unmarried it must be so stated by the applicant and also by the disinterested witnesses. AUTHENTICATION. The application and depositions, above re- quired, to be subscribed and sworn to before a judge, commis- sioner, notary public, or Justice of the Peace, duly authorized to administer oaths, accompanied by a certificate and seal of a CLAIMS FOR BOUNTY MONEY. 517 court of record as to the fact of the said judge, etc., being duly commissioned and acting in his official capacity at the time of the execution of the foregoing papers. BOUNTY. No discharged soldier can, under any circumstan- ces, receive the bounty provided by the act of July 22, 1861, unless " he shall have served for a period of two years, or during ^ the war, if sooner ended;" but, "the widow, if there be one, f and if not, the legal heirs of such as die, or may be killed in the service, in addition to all arrears of pay and allowances, shall receive the sum of one hundred dollars." MODE OF PRESENTING CLAIMS. All claims for arrears of pay ^nd bounty money may be sent directly to this office. When received they are entered upon the register ; as soon as practi- cable they will be examined, and if found, correct in form, they are placed upon the files for settlement, and their receipt acknowledged. If incorrect, the party sending it is immediately notified. No " special cases " will be made at the solicitation of attorneys, but when evidence can be obtained, cases will be audited in the order in which they are received. The only ex- ception to this rule is when in settling a case in its order, evi- dence is found upon the same rolls by which to settle other claims of soldiers deceased in the same company. Letters of inquiry in relation to a claim should specify the name of the de- ceased, and the company, regiment, and State to which he be- longed, and in all cases, to secure an answer, the name, post- office and State of the writer should be distinctly written. FORMS. The form accompanying this circular is intended only as a guide, and must be varied to suit special cases. No claim is rejected on account of the form in which it is pre- f sented, if it substantially complies with the instructions. To CORRESPONDENTS. Letters of inquiry relating to the pay of soldiers in hospital or on furlough, should be addressed to the Paymaster-General. Inquiries relating to the pay of de- ceased teamsters or other employees of the quartermaster's de- partment, or for the pay of horses killed or lost in the service, to the Third Auditor; and relating to the pay and bounty of per sons in the marine or naval service, to the Fourth Auditor. POSTAGE. The Government pays all postages on such busi- 518 CLAIMS FOK BOUNTY MONET. ness communications, whether received or transmitted by tMs office. Form of Application for Arrears of Pay and Bounty. I, , of , in the county of , and State of 1 on oath, say that my age is years, and that I am the of , late of , in the State of , who was a in company , of the regiment of , and died in the service of the United States at , on the day of , 18 . [If the soldier died unmarried, leaving no child, it should be h-sre stated. If the application- is by the mother, she should also state the name of the father of the deceased, his death or aban- donment of the support of his family, giving the date and all facts necessary to a proper understanding of the case. If the application is by ihs widow of tlie deceased, she should here state her maiden name, when, where, and by whom slie was married to him, and whether or not there is record evidence of such marriage.] I make this application to recover all arrears of pay or other allowances due to the deceased from the United States, and the bounty pro- vided by the sixth section of the act of July 22, 1861. [Signature of Claimant.] STATE OF County of Personally appeared the above-named , to me well known? and subscribed and made oath to the foregoing statement, on this day of , 18 , before me. [Name and Official Title.} Form of Affidavit, "Te and , of , in the county of , and State of , on oath, say that we are and have been for years well acquainted with -, the applicant, and with the said , deceased, who was a , in company , of the regiment , and know to be the of the. said deceased [if lie died unmarried, leaving no child, it should be here stated; and if the application is by the mother, the fact -of her widowlwod, or the abandonment of her husband, should be stated as in the application] and that we have no interest whatever in this application. [Signatures.] Certificate of the magistrate as above, also that of the clerk of the court under seal, in the usual form. This application must be accompanied by the following proof: CLAIMS FOK BOUNTY MONEY. 519 IN THE CASE OP A WIDOW : 1. Her marriage with the deceased. This proof must be made in the same manner as in applications for pensions. 2. Widowhood and identity. These may be proved by the affidavit of the witnesses above given. IN THE CASE OF CHILDREN : 1. The marriage of the parents. This must be proved in like manner as in applications by widows. 2. Death of widow. 3. That they are the children, and all the children, of the de- ceased. Items two and three may be proved by the affidavit of two witnesses, according to the form furnished by the Second Auditor. If the application is made by the guardian of minors, a cer- tified copy of his letters of guardianship must be sent, and a certificate from the proper court that he is still acting as guar- dian. IN THE CASE OF A FATHER : 1. That he is the father of deceased. 2. That the deceased left neither widow nor child. These facts may be proved by the affidavit of witnesses ac- cording to the form. IN THE CASE OF A MOTHER : 1. The death of her husband, the father of the deceased. 2. That she was the mother of the deceased. 3. That he left neither widow nor child. 4. In the case of abandonment by her husband, he being still living, that fact must also be proved. These items of testimony may all be proved by the affidavit of two witnesses as above. IN THE CASE OF BROTHERS AND SISTERS : 1. The marriage and death of their parents. This inuft be proved as in the case of widows. 2- That they are the brothers and sisters of the deceased. 520 CLAIMS FOE BOUNTY MONET. 3. That he left neither widow nor child. These latter items may be proved by the affidavits of wife- nesses. In the case of children, fathers, and brothers and sisters, posi tive proof of relationship to the deceased will not be required. General reputation and undisputed relationship will suffice. Widow's Declaration for Bounty Money and Arrears. STATE OP s- ) County of } ' On this day of , 18 , before me, a -, in and for the county and State above named, personally appeared , who, after being duly sworn according to law, declares and says ; that she is aged years ; that she is a resident of , county of , and State of , that she is the widow of who was a in company , commanded by Captain , of the regiment of volunteers, commanded by Colonel , and who [was killed or died] at , on or about the day of , 18 , while in the service of the United States. That she was married to the said , on the day of , in the year 18, at , by one , a -; that her name before her marriage was , and that she has remained a widow since the death of her said husband. And she further states that she believes there is public record of her said marriage [should there l)e neither public nor private record, nor any witness of said marriage living or accessible, the facts should be stated.] She makes this declaration for the purpose of obtaining the bounty money, arrears of pay, and all other arrearages or sums of money due her by reason of the service of the soldier above named, under and by virtue of an act of Congress, passed July 22, A. D. 1861, also of all other acts now in force upon this sub- ject. And she hereby constitutes and appoints , her attor- ney in fact, to prosecute this claim, and authorizes him to re- ceive and receipt for a draft or certificate for the amount that may be allowed her. [ Claimant's Signature.] Attest: [Two Witnesses.] Sworn to, subscribed and acknowledged before me, the day and year first above written ; and on the same day personally came and , residents of , in the county of , State aforesaid, who, being duly sworn according to law, declare that they are personally acquainted with Mrs. , widow of CLAIMS FOR BOUNTY MONEY. 521 - -, who has made and subscribed the foregoing declaration, and were acquainted with her and her said husband, before ho entered the service, and know that they lived together as man and wife, and were so reported ; that she is the widow of the identical , who performed the military service mentioned in tie declaration, and has remained a widow since his death ; that their knowledge of the identity of her husband with the soldier i derived from . And they further testify that they reside as above stated, and lire disinterested in this claim. [Witnesses 1 Signatures.] Sworn to and subscribed before me, and I certify that I am not interested in this claim, nor concerned in its prosecution ; that I believe the affiants to be credible persons, and the declarant to be the person she represents herself to be. [Magistrate's Signature.'} STATE OF ) County of \ 88 ' I, , clerk of the court in and for the county and State above named, do hereby certify that , Esq., before whom the foregoing declaration and affidavit were made, and who has thereunto signed his name, was at the time of so doing an acting , in and for said county, duly commissioned and sworn ; that all of his official acts, as such, are entitled to full faith and credit, and that his signature thereunto is genuine. In testimony whereof I have hereunto set my hand and affixed the seal of said court, at - , in said county, this day of , A. D. 18. [Cterh] Claim of Heirs for Arrears, Bounty Money, etc,, of De- ceased Officer or Soldier. STATE OF - ^County of * ss ' ** On this day of , 18 , before me, a , in and for the county and State above named, personally appeared , aged years, a resident of , county of , State of , who, being duly sworn according to law, declare that they are the children and heirs of , who was a of company , commanded by Captain , in the regiment of volunteers ; that the said volunteered at , on or about the day of , 18 , for and [died or was killed] at , on or about the day of , 18, while in said ser- vice, that the said left surviving Mm no widow, a or child or children, other than these claimants. 5:22 CLAIMS FOR BOUNTY MONET. This declaration is made for the purpose of obtaining the ar- rears of pay, bounty money, extra pay and all other arrearages or sums of money due by reason of the service of the soldier above named ; and is hereby constituted attorney to prosecute this claim, and is authorized to receive and receipt for a draft payable to the order of this declarant [or declarants] fo,r whatever sum may be allowed on the same, and to assign and convert the same into current funds. Attest: [Two Witnesses.} [Signature of Heirs.} Sworn to, subscribed and acknowledged before me the day and year first above written, and on the same day personally ap- peared and , residents of , who, being duly sworn according to law, declare that they are personally acquainted with and , who have made and subscribed the fore- going declaration, and know that they are the children and heirs-at-law of , who was a in Captain 's company, , of the regiment of volunteers, and who died [or was killed] while in the service of the United States, as stated in said declaration. That the said left surviving him no widow, nor child or children, other than the said and .' That their knowledge of their identity as heirs of the soldier named is derived from personal acquaintance. That they reside as above stated, and are disinterested in this claim. [ Witnesses' Signatures.'] Sworn to and subscribed before me, and I certify that I am not interested in this claim, nor concerned in its prosecution ; that I believe the affiants to be credible persons, and the declar- ant to be the person she represents herself to be. [Magistrate's Signature.} STATE OP County of I, , clerk of the court in and for the county and State above named, do hereby certify that , Esq., beforai whom the foregoing declaration and affidavits were made, and who has thereunto signed his name, was at the time of so doing an acting , in and for said county, duly commissioned and sworn, that all of his official acts, as such, are entitled to full faith and credit, and that his signature thereto is genuine. In testimony whereof I have hereunto set my hand [L, s.] and affixed the seal of said court, at , in said county, this day of , A, D. 18. 1 Cleric. CLAIMS FOE BOUNTY MONEY. 523 Claim of Heirs for Arrears, Bounty Money, etc,, of De- ceased Officer and Soldier, STATE OF /^t A. / r uo. County of $ On this day of , 18 , before me, a , in and for the county and State above named, personally appeared : . aged years, a resident of , county of , State of , who, being duly sworn according to law, declare that they are the children and heirs of , who was a in company , commanded by Captain , in the regiment of volunteers; that the said volunteered at , on or about the day of , 18 , for , and died [or was killed] at , on or about the day of , 18 , while in said service ; that the said left surviv- ing him no widow, nor child or children, other than these claimants. This declaration is made for the purpose of obtaining the ar- rears of pay, bounty money, extra pay, and all other arrearages or sums of money due by reason of the services of the soldier, above named ; and is hereby constituted attorney to prosecute this claim, and is authorized to receive and receipt for a draft payable to the order of this declarant [or declarants] for whatever sum may be allowed on the same, and to assign and convert the same into current funds. Attest: [Two Witnesses.] [Signature of Heirs.] Sworn to, subscribed and acknowledged before me the day and year first above written, and on the same day personally ap- peared and , residents of , who being duly sworn according to law, declare that they are personally acquainted with and , who have made and subscribed the fore- going declaration, and know that they are the children and heirs-at-law of , who was a in Captain 's company , of the regiment of volunteers, and who died [01 was killed] while in the service of the United States, as stated in said declaration. That the said , left surviving him no widow, nor child or children, other than the said and, . That their knowledge of their identity as heirs of the soldier named, is derived from personal acquaintance. That they reside as above stated, and are disinterested in this claim. [ Witnesses' 1 Signature.] Sworn to, and subscribed before me, and I certify that I am not interested. in this o'aim, nor concerned in its prosecution ; and 524 CLAIMS FOB BOUNTY MONEY. I believe the affiants to be credible persons, and the declarants the persons they represent themselves to be. [Cffieer's Signature.] Here must follow the certificate of the clerk, as in the pre- ceding case. When there are several heirs, and it will be difficult to have them unite in a declaration, one of them should take out letters of administration, and make the claim as administrator. Application of Soldier for Arrears of Pay, or for Arrears of Pay and Bounty. STATE OF County of On this day of , 18 , before me, a , in and for the county and State above named, and by law duly authorized to administer oaths for general purposes, personally appeared, , aged years, who, being duly sworn according to law, de- clares that he is not indebted or accountable to the United States on any account whatever ; and he further states that he is the iden tical , who was a in company , commanded by Cap- tain , in the regiment of volunteers, commanded by Colonel ; that he enlisted at , in the State of , on or about the day of , 18 , for the term of , and was honorably discharged at , on or about the day of , 18 , by reason of the expiration of his term of service, and that he claims there is due him from the United States, for pay and allowances, as follows : lie makes this declaration to obtain the arrears of pay, bounty money, extra pay, and all other arrearages or sums of money due him by reason of the services above named, and he hereby con- stitutes and appoints his attorney to prosecute this claim, and authorizes him to receive and receipt for a certificate for whatever sum may be allowed on the same, and to attend to and procure the settlement of such business as deponent may have with the United States, in any office or department of the same, and to receive and to receipt for all sums of money that may be found due deponent, upon any account or claim now unsettled. Attest: [Two Witnesses.] [Signature of Claimant.] Sworn to, and subscribed and acknowledged before me, the day and year first above mentioned, and on the same day per- sonally appeared before me and , residents of , to me known as credible witnesses, who, being duly worn according to law, declare that they are personally ao- CLAIMS FOR BOUNTY MONEY. 525 quainted with - , who has made and subscribed the fore- going declaration, and know that he is the identical person who performed the service therein named ; that their knowledge of his identity is derived from - . That they are disinterested in the claim, and reside at the place above named. [Signatures of Witnesses.] NOTE. Bounty money can only be claimed at the expiration of two years from the time of enlistment, or at the end of the war. Sworn to, and subscribed before me ; and I certify that I am not interested in the claim, nor concerned in its prosecution ; and I further certify that I know the affiants to be credible witnesses, and that the declarant is the person he represents himself to be. [Officer's Signature.] Power of Attorney for Drawing Bounty or Pay. Know all men by these presents : That I, - , a company , commanded be Captain - , of the - regi- ment of - volunteers, commanded by Colonel - , do hereby make, constitute, and appoint - , of - - , my true and lawful attorney, for me, and in my name, place and stead, to ask, demand, receive and receipt for any and all bounty, pay, or other money due me from the United States Government, for services in said company. And I do hereby authorize my said attorney, for me, to sign the pay roll of said regiment, and per- form any and all other acts necessary to be done in the premises as fully, to all intents and purposes, as I, myself, if personally present, could do, hereby ratifying all that my said attorney shall or may do in the premises. In testimony whereof I hereto set my hand and seal, this - day of - , A. D. 18. T , Executed in presence of S ' J [Witnesses.] BTATE OF - ) County of On this day of , A. D. 18 , before me, a , within and for said county, personally came , to me well known to be the identical person he represents himself to be and acknowledged the signing and sealing of the foregoing power of attorney for the purposes therein expressed. And I certify that I have no interest whatsoever in the claim of the said . [Offittr's Signature.] 526 PAT AND ALLOWANCES. FORMS AND REGULATIONS RELATING TO PAY AND ALLOWANCES FOR SERVICES IN THE ARMY. Claims for pay, extra pay, allowances and bounties, for services in the army, during the war of 1812, should be presented to the Third Auditor; for services rendered since that time to tibe Second Auditor ; and for services in" the navy or marine corps, whether in the war of 1812 or since that time, to the Fourth Auditor of the Treasury. A volunteer or soldier should receive, at the time of his discharge, a regular discharge, and two dupli- cate pay certificates. With these papers he can be paid by any paymaster of tho army on their presentation. If the discharged volunteer or soldier has failed to obtain such certificates, and the regiment to which he has belonged is disbanded or beyond his reach, or if he has obtained such certificates, and payment has for any reason been refused upon their presentation to a paymaster of the army, he should make a declaration over his signature according to the Form of Application for Arrears of Pay and Bounty, and forward such declaration, together with his pay certificates and discharge [if he has them, if not, their absence must be accounted for in said declaration] to the Second Auditor of the Treasury Department, at Washington. Such claim will be audited by the Department, and the result communicated to claimant or his attorney. Soldiers not entitled to Pay. The 1,638th section of the United States Army Regulations provides as follows : " In case any individual shall be discharged within three months after entering the service, for a disability which existed at that time, he shall receive neither pay nor allowances, except subsistence and transportation to his home. Soldiers not Discharged. A volunteer or soldier at home on a furlough, or for any other cause absent from his regiment on pay day, should send power of attorney to some member of his regiment [captain preferred], Authorizing such person to draw his pay. PAY ^AND ALLOWANCES. . 527 Official Instructions of the Second Auditor of the Treasury Department in Preparing Claims for Soldiers' Pay and Bounty. To enable those who may have claims upon the United States, for money due deceased officers and soldiers, on account of services rendered, whether in the regular or volunteer service, to o'btain the same, with the least delay, the following information is furnished. Order of Payment : ORDER FIRST. If the deceased was married, payment will be made : first, to the widow ;' second, if no widow, to his child or children (if minors, to the guardian). ORDER SECOND. If he died unmarried : first, to the father ; second, if the father is dead, to the mother ; third, if both par- ents are dead, to the brothers and sisters collectively ; lastly, to the heirs general (to be distributed in accordance with the laws of the State in which the deceased had his domicile). Application, Proof, and Authentication : APPLICATION. The claimant or claimants must make a writ- ten application, under oath, and over his, her, or their own sig- nature, stating his, her, or their name, age, residence, connection to the deceased, with the letter or name of the captain of the company and regiment to which he belonged ; time of his death and the nature of the pay claimed whether " arrears of pay," etc., and the " $100 bounty," under the act of July 22, 1801. An application by a guardian should give the name and ago of the ward or wards, and should be accompanied by letters of guardianship, or an authenticated copy thereof. In the applica- tion of a mother, claiming bounty, her husband being alive, tho facts upon which the claim is made should be clearly stated and proved. If the soldier die unmarried, leaving no child, it must be stated by the applicant, and also by the disinterested wit- nesses. PROOF. To satisfy the accounting officers that the person or persons thus claiming is or are entitled to the money in the character he, she, or they may claim, the depositions of two credible witnesses will be required, stating that they <irc ao 528 PAY AND ALLOWANCES. quainted with the claimant or claimants, the connection held to the deceased, and that they (the deponents) are disinterested. AUTHENTICATION. The application and depositions above re- quired to be subscribed and sworn to before a judge, commis- sioner, notary public, or justice of the peace, duly authorized to administer oaths, accompanied by the certificate and seal of a court of record as to the fact of the said judge, etc., being duly commissioned and acting in his official capacity at the time of the execution of the foregoing papers. If the soldier died unmarried, it must be so stated in the ap- plication of those claiming to be his father, mother, brothers or sisters, as well as by the witnesses. Proof of marriage (record evidence) if possible, must always accompany the applications of those claiming to be widows. ADMINISTRATION. As the taking out of " letters of adminis- tration" is attended with considerable expense (often unneces- sary), it is suggested that it be done only when required by the Auditor. DISCHARGED SOLDIERS. When a soldier or volunteer is dis- charged, he is (or should be) furnished with a regular " dis- charge," and two (duplicate) " pay certificates," and one or more disability certificates if discharged on account of disability. Upon these papers he can be paid by a paymaster of the, army upon their presentation. Should he fail to present them for payment to a paymaster, or, having presented them, and payment refused, and they are sent to this office, the applicant must state the rea- sons for such refusal, accompanied by proof of identity and au- thentication, as in the case of deceased soldiers. In no case should the " oath of identity," on the back of the " discharge" be filled up, as the " discharge" is returned to the soldier after iiis claim has been acted upon. Where " pay certificates" and cer- tificates of disability have been withheld, he must send all other papers given to him at the time of his discharge, together with the certificate of his captain that no such certificates were given to him, and the reasons for withholding them. In case the certifi- cates are claimed to. have been lost, an affidavit of such loss must be furnished, stating the circumstances under which it occurred ; that lie has diligently searched for them without success, and PAT AND ALLOWANCES. 629 that he lias not received payment thereon, nor assigned them to any person MODE OF PAYMENT. Payments will be made by an order from the accounting officers on any paymaster of the army. Such order will require the signature of the claimant on its face be- fore it will be paid. MODE OF PRESENTING CLAIMS. All claims of arrears of pay and bounty may be sent directly to this office. When received they are entered upon the register ; as soon as practicable they will be examined, and if found correct in form, they are placed upon the files for settlement, and their receipt acknowledged. If incorrect, the party sending it is immediately notified. No "special cases" will be made at the solicitation of attorneys, but when evidence can be obtained, cases will be audited in the order in which they are received. Thj2 only exception to this rule is when, in settling a case in its order, evidence is found upon the same rolls by which to settle other claims of soldiers deceased in the same company. Letters of inquiry in relation to a claim, should specify the name of the deceased, and the compa- ny, regiment, and State to which he belonged ; and in all cases, to secure an answer, the name, post-office, and State of the writer should be distinctly written. FORMS. The form accompanying this circular is intended only as a guide, and must be varied to suit special cases. No claim is rejected on account of the form in which it is presented, if it substantially complies with the instructions. To CORRRESPONDENTS. Letters of inquiry, relating to the pay of soldiers in hospital or on furlough, should be addressed to the Paymaster General. Inquiries relating to the pay of deceased teamsters or other employees of the Quartermaster's Department, or for horses killed in the service, to the Third Auditor ; and re- lating to the pay and bounty of persons in the marine or naval service, to the Fourth Auditor. General Order for Payment of Prisoners of War. Payment will be made to persons presenting a written author- ity from a prisoner to draw his pay ; or, without such authority, to ids wife, the guardian of his minor children, or his widowed 630 PAY AND ALLOWANCES. mother in ttte order named. Application for -such payment to be made to the senior paymaster of the district in which the prisoner is serving, and must be accompanied by the certificate of a judge of a court of the United States, or of some other party, under the seal of a court of record of the State in which the appli- cant is a resident, setting forth that the applicant is the wife of the prisoner, the guardian of his children, or his. widowed mother ; and, if occupying either of the last two relationships towards him, that there is no one in existence who is more nearly related to him, according to the above classification. Payments will be made to parties thus authorized and identi- fied, or their receipts made out in a manner that would be recog- nized by the prisoner himself, at least one month's pay being in all cases retained by the United States. The officer making the payment, will see that i is entered on the last previous muster- roll for the payment of the prisoner's company, or will report it, if those rolls are not in his possession, to the senior paymaster oi the district, who will either attend to the entry or give notice of the payment to the Paymaster-General, if the rolls have been forwarded to his office. Rules Observed at the Office of the Fourth Auditor in the Settlement of Claims to Balances Due to Deceased Seamen or Marines at the time of their Death. 1. Payment of balances due deceased seamen or marines will not be made except to administrators, who are heirs, or appointed with the consent oflieirs, or to creditors to the amount of their respective claims. But no payment shall be made to a creditor until the balance due the deceased person shall have remained in the Treasury, uncalled for by an administrator appointed as aforesaid, for six weeks after information of the death of such person shall have been received at the Department ; and where the balance exceeds the sum of twenty dollars, no claim of a creditor will be paid, until an advertisement shall have been in- serted for three successive days, in the newspaper employed to publish the laws in the city of Washington, calling upon other claimants to present their claims at the office of the Fourth Au- ditor within two months ; at the end of which term, if the bal- PAY AND ALLOWANCES. 531 ancc shall not have been demanded by an administrator ap- pointed as aforesaid, the claims which shall have been presented and proved before the accounting officers will be paid in equal proportion, the expense of the advertisement having been first defrayed out of the sum due to the deceased person at the time of his death. 2. Payment of arrearages claimed under a will, will only be made after satisfactory proof of the will is adduced to the ac- counting officers. Wills of persons in actual service must be in writing, and attested by an officer, if the testator were not him- self an officer. The executor will be required to produce the original will, or a copy duly authenticated. 3. Heirship, or consent of lieirs, may be shown by the fact being inserted in the letters of administration, or must be proved by the affidavit- of two disinterested persons, taken before an of- ficer empowered to administer oaths. 4. Payment may be made immediately to the heirs of the de- ceased, when it shall be shown that the cost of obtaining ad- ministration at the proper place would exceed one-third part of the balance due. 5. The penalty of the administration bond should be shown by the certificate of administration, or otherwise. Form of Application for Payment for Horses, or other Prop- erty Lost or Destroyed. STATE OF ( County of \ Sl On this day of , A. D. 18 , personally appeared before me, a within and for said county, duly authorized to ad- minister oaths, , a resident of said county, to me well known, who being by me duly sworn, deposes and says that he is the identical , who was a in the company commanded by , in the regiment of , commanded by ; that he entered the service of the United States on or about the day of , A. D. 18 , and was regularly mustered into said ser- vice, and mounted upon a horse of the following description, !>&., , which said horse was appraised in due form of the value of $ , that he continued mounted upon the said horse until the day of , 18 , when the said horse was lost in consequence of, and in the manner following, viz. : . That at, the time of the loss aforesaid he was under the iinme- 532 PROPERTY LOST OR DESTROYED. diate command of , that he was remounted on the day of , A. D. 18 , on a horse valued at $ , which he obtained of , who was , and continued so remounted until the day of , 18, when he was regularly and honorably mustered out of the service by . And further, that he has not received from any officer or agent of the United States any horse, or other property in lieu of the horse lost as aforesaid, nor has he received any compensation for the same ; the same having been lost without any fault or neg ligence on his part. [Claimant's Signature.] Sworn to and subscribed, before me, this day of , A. D. 18. [Officer's Signature.] NOTE. If the property was hired by the government, the fact should be stated, giving also the name, official rank and position of the person who made the contract ; or if impressed for the use of the army, a description of the property, also the name, official position, etc., of the person seizing the same. STATE OP County of On this day of , A. D. 18 , before me, a , within and for said county, duly authorized by law to adminster oaths, personally came , a resident of said county, to me well known to be a credible witness, who, being by me duly sworn, deposes and says that he is the identical , who was the Captain commanding the company , in the regiment com- manded by Colonel , in the service of the United States, in the war with , that was a in the said company, having been regularly enrolled and mustered into the service, that at the time he was mustered, he was mounted on a horse of the following description, viz. : , which said horse was duly appraised and valued at $ , that the horse above de- scribed was lost on the day of , in consequence of . in the manner following, viz. : , which said loss was sustained without any fault or negligence on the part of the claimant. And deponent further states, that the said was remounted after said loss, on the day of , A. D. 18 , and con- tinued BO remounted until the day of , A. D. 18 . And deponent further states, that the horse upon which the said was remounted after said loss, was not furnished by the United States, nor any of their officers or agents, nor been owned by another mounted militiaman or volunteer, to whom payment for the loss and risk thereof, or for its forage while in possession of the said , could have been made except . PAY AND ALLOWANCES, 533 And deponent further states, that the horse upon which the said was remounted, was purchased by him of one , and the sum of $ paid for the same. And deponent further states, that the said was honorably discharged on day of , 18 . Subscribed and sworn to, before me, the day and year aforesaid. [ Officer's Signature.'} Power of Attorney. Know all men by these presents that I, , of , named in the foregoing declaration and affidavit, do hereby constitue and appoint , my true and lawful attorney, au- thorizing him to file this my claim for payment, for in the military service of the United States and to do all acts neces- sary and proper in the premises ; to receive and receipt for a draft payable to my order for such sum as may be found due upon examination and settlement of my claim. Witness my hand and seal this day of , A. D. 18 . Signed, sealed in presence of r -, [Two Witnesses.'] STATE OF ) County of \ 8t On this day of , A. D. 18 , personally appeared before me the above named , to me known, and acknow- ledged the foregoing power of attorney to be his act and deed for the purpose therein mentioned. [Officer '& Signature.] 534 THE CONSTITUTION. CONSTITUTION OF THE UNITED STATES OF AMERICA. WE, the People of the United States, in order to form a more per feet Union, establish justice, insure domestic tranquillity, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this CONSTITUTION for the United States of America ARTICLE I. SECTION 1. All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. SEC. 2. The House of Representatives shall bo composed of members chosen every second year by the people of the several States, and the electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State Legislature. No person shall be a Representative who shall not have attained to the age of twenty-five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabi- tant of that State in which ho shall be chosen. Representatives and direct taxes shall be apportioned among the several States which may be included within this Union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three fifths of all other persons. The actual enumeration shall be made within three years after the first meeting of the Congress of tho United States, and within every subsequent term of ten years, in Buch manner as they shall by law direct. The number of Rep- resentatives shall not exceed one for every thirty thousand, bu each State shall have at least one Representative ; and until such enumeration shall be made, the State of New-Hampshire shall be entitled to choose three, Massachusetts eight, Rhode Island and Providence Plantations one, Connecticut five, New-York six, New- THE CONSTITUTION. 535 Jersey four, Pennsylvania eight, Delaware one, Maryland six, Vir- ginia ten, North Carolina five, South \ arolina five, and Georgia three. When vacancies happen in the representation from any State, the Executive Authority thereof shall issue Writs of Election to fill euch vacancies. The House of Representatives shall choose their Speaker and other officers, and shall have the sole power of impeachment. SEC. 3. The Senate of the United States shall be composed o! two Senators from each State, chosen by the Legislature thereof for six years ; and each Senator shall have one vote. Immediately after they shall be assembled in consequence of the first election, they shall be divided as equally as may be into three classes. The seats of the Senators of the first class shall be vacated at the expiration of the second year, of the second class At the expiration of the fourth year, and of the third class at the expiration of the sixth year, so that one third may be chosen every second year and if vacancies happen by resignation, or otherwise, during the recess of the Legislature of any State, the Executive thereof may make temporary appointments until the next meet- ing of the Legislature, which shall then fill such vacancies. No person shall be a Senator who shall not have attained to the age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State for which he shall be chosen. The Vice-President of the United States shall be President of the Senate, but shall have no vote, unless they be equally divided. The Senate shall choose their other officers, and also a 'President pro tempore, in the absence of the Vice-President, or when he shall exercise the office of President of the United States. The Senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. When the President of the United States is tried, the Chief Jus- tice shall preside ; And no person shall be convicted without the concurrence of two thirds of the members present. Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold, and enjoy any office of honor, trust or profit under the United States; but the party convicted shall nevertheless be liable and subject to indict- ment, trial, judgment and punishment, according to law. SEC. 4. The times, places and manner of holding elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by law make or alter such regulations, except as to the places of choosing Senators. The Congress shall assemble at least once in every year, and euch meeting shall be on the first Monday in December, unless they shall by law aopoint a different day 53G THE CONSTITUTION. SEC. 5. Each House shall be the judge of the elections, returns, and qualifications of its own members, and a majority of each shall constitute a quorum to do business ; but a smaller" number may adjourn from day to day, and may be authorized to compel tho attendance of absent members, in such manner and under such pen- alties as each House may provide. Each House may determine the Rules of its Proseedings, punish its members for disorderly behavior, and, with the concurrence of two thirds, expel a member. Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such parts as may in their judgment require secresy; and the Yeas and Nays of tho members of either House on any question shall, at the desire of one fifth of those present, be entered on tho Journal. Neither House, during the session of Congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting. SEC. 6. The Senators and Representatives shall receive a com- pensation for their services, to be ascertained by law and paid out of the treasury of the United States. They shall in all cases, ex- cept treason, felony, and breach of the peace, be privileged from arrest during their attendance at the session of their respective Houses, and in going to and returning from the same: and for any speech or debate in cither House, they shall not be questioned in any other place. No Senator or Representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the United States, which shall have been created or the emolu- ments whereof shall have been increased during such time ; and no person holding any office under the United States shall be a member of either House during his continuance in office. SEC. 7. All bills for raising revenue shall originate in the House of Representatives ; but the Senate may propose or concur with amendments as on other bills. Every bill which shall have passed the House of Representatives and the Senate, -shall, before it becomes a law, be presented to the President of the United States : If he approve, he shall sign it; but if not, lie shall return it, with his objections, to that House in which it shall have originated, who shall enter the objections at largo on their Journal, and proceed to reconsider it. If, after such reconsideration, two thirds of that House shall agree to pass tho bill, it shall be pent, together with the objections, to the other House, by which it shall likewise be reconsidered, and, if approved by two thirds of that House, it shall become a law. But in all such cases the votes of both Houses shall be determined by Yeas and Nays, and the names of the persons voting for and against the bill shall be entered on the Journal of each House, respectively THE CONSTITUTION. 537 ff any bill shall not bo returned by the President within ten days Sundays cxcepted) after it shall have been presented to him, the stime shall be a law, in like manner as if he had signed it, unless the Congress by their adjournment prevent its return, in which case it shall not be a law. Every order, resolution, or vote, to which the concurrence of the Senate 'and House of Representatives may be necessary (except on a question of adjournment) shall be presented to the President of the- United States; and before the same shall take effect, shall be appi ived by him ; or, being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, accord- ing to the rules and limitations prescribed in the case of a bill. SEC. 8, The Congress shall have Power-^- To lay and collect Taxes, Duties, Imposts and Excises, to pay the debts and provide for the common defence and general welfare of the United States : but all Duties, Imposts and Excises shall be uniform throughout the United States; To borrow money on the credit of the United States ; To regulate commerce with foreign nations, and among the several States, and with the Indian tribes : To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States ; To coin money, regulate the value thereof and of foreign coin, and fix the standard of weights and measures ; To provide for the punishment of counterfeiting the securities and current coin of the United States ; To establish poet-offices and post-roads ; To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to thnir respective writings and discoveries ; To constitute tribunals inferior to the Supreme Court; To define and punish piracies and felonies committed on the high seas, and offences against the laws of nations ; To declare war, grant letters of marque and reprisal, and make laws concerning captures on land and water ; To 7-aise and support armies, but no appropriation of money to hat use shall be for a longer term than two years ; To provide and maintain a navy ; To make rules for the government and regulation of the land and naval forces : To provide for calling forth the militia to execute the laws of the Union, suppress insurrections and repel invasions ; To provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the States respectively the appointment of th officers, and the authority of training tbo militia according to the discipline prescribed by Congrv* 538 THE CONSTITUTION. To oxercise exclusive legislation, in all cases whatsoover, ovei such district (not exceeding ten miles square) as nay, bv cession ol particular States, and the acceptance of Congress, become the Seat of the Government of the United States, and to exercise like authority over all places purchased by the consent of the Legis- lature of the State in which the same shall be. for the erection of forts, magazines, arsenals dock-yards, and other needful buildings; and To make all laws which shall be necessary and proper for car rying into execution the foregoing powers, and all other Power vested by this Constitution in the Government of the United States, or in any department or officer thereof. SEC. 9. The migration or importation of such persons as any of the States now existing shall Ihink proper to admit, shall not be prohibited by the Congress prior to the year one thousand eight hundred and eight but a tax or duty may be imposed on such im- portation, not exceeding ten dollars for each person. The privilege of the Writ of Habeas Corpus shall not be sus- pended, unless when, in cases of rebellion or invasion, the public safely may require it. No bill of attainder or ex post facto law shall be passed. No capitation, or other direct tax shall be laid, unless in pro- portion to the census or enumeration hereinbefore directed to be taken. No tax or duty shall be laid on articles exported from any State. No preference shall be given by any regulation of commerce or revenue to the ports of one State over those of another ; nor shall vessels bound to or from one State, be obliged to enter, clear, or pay duties in another. No money shall be drawn from the treasury but in consequence of appropriations made by law ; and a regular statement and ac- count of the receipts and expenditures of all public money shall bo published from time to time. No title of nobility shall be granted by the United States : And no person holding any office of profit or trust under them shall, without the consent of the Congress, accept of any present, emolu- ment, office, or title, of any kind whatever, from any king, prince or foreign State. SEC. 10. No State shall enter into any treaty, alliance, or con- federat on : grant letters of marque and reprisal; coin money, emit bills of credit; make anything but gold and silver coin a ten- der in payment of debts ; pass any bill of attainder, ex post mcto law, or law impairing the obligation 'jf contracts, or grant any title of nobility. No State shall, without the consent of the Congress, lay any imposts or duties on imports cr exports, except \rhat may be abso- THE CONSTITUTION. 539 lutely necessary for executing its inspection laws; and tlie ne produce of all uuties and imposts, laid by any State on imports 01 exports, shall be for the use of the treasury of the United States and all such laws shall be subject to the revision and control of the Congress. No State shall, without the consent of Congress, lay any duty of 'tonnage, keep troops, or ships of war in time of peace, enter into any agreement or compact with another State, or with a foreign power, or engage in war, unless actually invaded, or in guch imminent danger as will not admit of delay. ARTICLE II. SECTION 1. The Executive Power shall be vested in a Presiden of the United States of America. He shall hold his office during the term of four years, and together with the Vice-President, chosen for the same term, be elected, as follows : Each State shall appoint, in such manner as the Legislature thereof may direct, a number of electors, equal to the whole num ber of Senators and Representatives to which the State may be entitled in the Congress ; but no Senator or Representative, or per- on holding an office of trust or profit under the United States, jhall be appointed an Elector. [The electors shall meet in their respective States, and vote by ballot for two persons, of whom one at least shall not be an in- habitant of the same State with themselves. And they shall mako a list of all persons voted for, and of the number of votes for each ; which list they shall sign and certify, and transmit sealed to the seat of Government of the United States, directed to the President of the Senate. The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the Cer- tificates, and the votes shall then be counted. The person having the greatest number of votes shall be the President, if such number be a majority of the whole number of Electors ap- pointed and if there be more than one who have such majority, mid have an equal number of votes, then the House of Represen- tatives shall immediately choose by ballot one of them for the President* and if no person have a majority, then from the five highest on the list the said House shall in like manner choose the President. But in choosing the President, the votes shall be taken by States, the Representation from each State having one vote. A quorum for this purpose shall consist of a member or members from two thirds of the States, and a majority of all the States shall be necessary to a choice. In every case, after the choice of the President, the person having the greatest number of votes of the Electors shall be the Vice-President. But if there should re- main two or more who have equal votes, the Senate shall chc'jse from them by ballot the Vice-President.*] Thia cltuso has been superseded and annulled by tlia 12t' Amendment 540 THE CONSTITUTION. The Congress may determine the time of choosing the Electors and the day on which they shall give their votes; which day shall t>e the same throughout the United States. No person except a natural-born citizen, or a citizen of the United States, at the time of the adoption of this Constitution fihall be eligible to the office of President; neither shall any per- son be eligible to that office who shall not have attained to the age of thirty-five years 3 and been fourteen years a resident within the United States. In case of the removal of the President from office, or of hig death, resignation, or inability to discharge the powers and duties of tl.e said office, the same shall devolve on the V ice-President, and the Congress may by law provide for the case of removal, death, resignation, or inability, both of the President and Vice- President, declaring what officer shall then act as President, and such officer shall act accordingly, until the disability be removed, or a President shall be elected. The President shall, at stated times, receive for his services a compensation, which shall neither be increased nor diminished daring the period for which he shall have been elected, and he shall not receive within that period any other emolument from the United States, or any of them. Before he enter on the execution of his office, he shall take the following oath or affirmation " I do solemnly swear (or affirm) that I will faithfully execute" the office of Pros!- dent of the United States, and will, to the best of my ability, preserve, protecti and defend the Constitution of the United States." SEC. 2. The President shall be Commander-m-Chief of the Army and Navy of the United States, and of the Militia of the several States, when called .into the actual service of the United States ; he may require the opinion, in writing, of the principal officer in each of the Executive Departments, upon any subject relating to the duties of their respective offices ; and he shall have power to grant reprieves and pardons for offences against the United States, except in cases of Impeachment. He shall have power, by and with the advice and consent of tho Senate, to make Treaties, provided two thirds of the Senators pre- sent concur ; and he shall nominate, an 1 by and with the advice and consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the Supreme Court, and all other offio^rs of the United States, whose appointments are not herein otlisrwiso provided for. and which shall be established by law but the Congress may by law vest the appointment of such inferior officers as they they think proper in the President alono, iu tho Courts of I^aw, or in the Heads of Departments. THE CONSTITUTION. 541 The President shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions, which shall expire at the end of their next session. SEC. 3. He shall from time to time give to the Congress infor- mation of the state of the Union, and recommend to their consider- ation such measures as he shall judge necessary and expedient; he may, on extraordinary occasions, convene both Houses, or either of them : and in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper; he shall receive Ambassadors and other public Ministers ; he shall take care that the laws be faithfully executed, and shall commission all the officers of the United States. SEC. 4. The President, Vice-President, and all Civil Officers of the United States, shall be removed from office on impeachment for, and conviction of, Treason, Bribery, or other high Crimes and Misdemeanors. ARTICLE III. SECTION 1. The judicial power of the United States shall be vested in one Supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The judges, both of the Supreme and inferior Courts, shall hold their offices during good behavior, and shall, at stated times, receive for their services a compensation, which shall not be diminished during their continuance in office. SEC. 2. The judicial power shall extend to all cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their authority ; to all cases affecting Ambassadors, other public Minis- ters, ana Consuls; to all cases of admiralty and maritime juris- diction : to controversies to which the United States shall be a party ; to controversies between two or more States ; between a State and citizens of another State ; between citizens of different States ; between citizens of the same State claiming lands under grants of different States, and between a State, or the citizens thereof, and foreign States, citizens or subjects. In all cases affecting Ambassadors, other public Ministers atid Consuls, and those in which a State shall be a party, the Supremo Court shall have original jurisdiction. In all the other cases bo fore mentioned, the Supreme Court shall have appellate jurisdic- tion, both as to law and fact, with such exceptions and under such regulations as the Congress shall make. The trial of all crimes, except in cases of Impeachment, shall be by jury ; and such trial shall be held in the State where the gaid crimes shall have been committed ; but when not committed within any State, the trial fhall bo at such place or places OP t.h? fortress may by law have directed. 542 THE CONSTITUTION. SEC 3. Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open Court. The Congress shall have powar to declare the punishment of treason, but no Attainder of Treason shall work corruption of blood, or forfeiture, except during the life of the person attainted ARTICLE IV. SECTION 1. Full faith and credit shall be given in each State t the public acts, records, and judicial proceedings of every other State. And the Congress may by general laws prescribe the man- ner in which such acts, records, and proceedings shall be proved, and the effect thereof. SEC. 2. The citizens of each State shall be entitled to all priv- ileges and immunities of citizens in the several States. A person charged in any State with treason, felony, or other crime, who shall flee from justice, and be found in another State, shall, on demand of the executive authority of the State from which he fied. be delivered up, to be removed to the State having jurisdiction of the crime. No person held to service or labor in one State, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due. SEC. 3. New States may be admitted by the Congress into this Union : but no new State shall be formecl or erected within the jurisdiction of any other State; nor any State be formed by the junction of two or more States, or parts of States, without the consent of the Legislatures of the States concerned, as well as of the Congress. The Congress shall have power to dispose of and make all need- ful rules and regulations respecting the territory or other property belonging to the United States : and nothing in this Constitution shall be so construed as to prejudice any claims of the United States, or of any particular State. SEC. 3. The United States shall guarantee to every State in this Union a republican form of Government, and shall protect each of them against invasion ; and on application of the Legislature, or of the Executive (when the Legislature cannot be convened), against domestic violence. ARTIC LEV. The Congress, whenever two thirds of both Houses shall doom A necossary, shall propose Amendments to this Constitution, or, oo THE CONSTITUTION. 543 the application of the Legislatures of two thirds of the several States, shall call a Convention ibr proposing Amendments, which, in either case, shall be valid to all intents and purposes, as park of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other mode of ratification may be pro- posed by the Congress; Provided, that no Amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth Clauses in the Ninth Section of the first Article ; and that no State, with- out its consent, shall be deprived of its equal suffrage in the Senate. ARTICLE VI. All debts contracted and engagements entered into before the adoption of this Constitution, shall be as valid against the United States, under this Constitution, as under the Confederation. This Constitution and the laws of the United States which shall be made in pursuance thereof, and all Treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land ; and the Judges in every State shall be bound thereby, any thing in the Constitution or law? of any State to the contrary notwithstanding. The Senators and Representatives before mentioned, and the members of the several State Legislatures, and all executive and judicial officers, both of the United States and of the several States, shall be bound by oath or affirmation to support this Constitution ; but no religious test shall ever be required as a qualification to any office or public trust under the United States, ART I CLE VII The ratification of the Conventions of nine States shall be suffi- cient for the establishment of this Constitution between the States so ratifying the same. DONE in Convention, by the unanimous consent of the States present, the seventeenth day of September, in the year of our Lord one thousand seven hundred and eighty -seven, and of the Independence of the United States of America the twelfth, In Witness whereof, we have hereunto subscribed our names. GEO. WASHINGTON, Presdt. and Deputy from Neu Hampshire. JOHN LANGDON, NICHOLAS GILMA.N. Massachusetts. NATHANIEL GORMAN, RUFUS 544 TBE CONSTITUTION. WM. SAML. JOHNSON. A.LfX. HAMILTON WIL; LIVINGSTON WM. PATERSON, B. FRANKLIN, ROBT. MORRIS, THO : FITZSIMONS, JAMES WILSON, GEO : REED, JOHN DICKINSON, JACO: BROOM. JAMES M'HENRY, DANL. CARROLL. JOHN BLAIR, WM. BLOUNT, Hu. WILLIAMSON. J. RUTLEDGE, CHARLES PINCKNBY,^ WILLIAM FEW, Attest : Connecticut. ROGER SHERMAN. New- York. New Jersey. DAVID BXEARLY, JONA. DAYTON. Pennsylvania. THOMAS MIFFLIN, GEO : CLYMER, JARED INGERSOLL, Gouv : MORRIS Delaware. GUNNING BEDFORP, JUM'B. RICHARD BASSETT. Maryland. DAN: OF ST. THOS. JENIFE* Virginia. JAMF.S MADISON, JR. North Carolina. RICHD. DOBBS SPAIGHT, South Carolina. CHARLES COTESWORTH PINCENET PIERCE BUTLFR. Georgia. ABR. BALDWIN. WILLIAM JACKSON, Secretary, ARTICLES, . IM ADDITION TO AND AMENDMENT OF THE CONSTITUTION OF THB UNITED STATES OF AMERICA, PROPOSED BY CONGRESS, AND RATIFIED OY THE LEGISLATURES OF THE SEVERAL STATES, PURSUANT TO THE FIFTH ARTICLE OF THE ORIGINAL CONSTITUTION. (ARTICLE i.) CONGRISS shall make no law respecting an establishment of re- Ugion, or prohibiting the free exercise thereof: or abridging the THE CONSTITUTION. 545 freedom of speech; or of tho press ; or the right of the people peaceably to assemble, ajud to petition the Government for a re- dress of grievances. (ARTICLE 1 1 .) A well regulated Militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed. (ARTICLE 1 1 1 .) No soldier shall, in time of peace, be quartered in any house, without the consent of the owner, nor in time of war, but in a man- ner to bo prescribed bylaw. (ARTICLE i v .) The right" of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and nc warrant shall issue but upon probable cause, supported hy oath or affirmation, and particularly de- scribing the place to bo searched, and the persons or things to be seized (A R TI c L E v .} No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising hi tho land or naval forces, or in the militia, when in actual service in time of war or public danger ; nor shall any person be subject for tho same offence to be twice put in jeopardy of life and limb ; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law : nor shall private property be taken for public use without just com- pensation. (ARTICLE v i .) In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which dis- trict shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation ; to bo con- fronted with the witnesses agamet him to have compulsory pro- cess for obtaining witnesses in his favor, and to have tho assistance of counsel for his defence. (ARTICLE vn.) In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be presery* 546 THE CONSTITUTION. ed, and no fact tried by a jury shall be otherwise re-examined in any court of the Unitei States, than according to the rules of tho common law. (ARTICLE viii.) Excessive bail shall not be required, nor excessive fines imposed nor cruel and unusual punishments inflicted (ARTICLE i x .) The enumeration in the Constitution of certain rights, shall not bo construed to deny or disparage others retained by the people, (ARTICLE x.) The powers not delegated to the United States by the Constitu- tion, nor prohibited by it to the States, are reserved to tho States respectively, or to the people. (ARTICLE x i .) The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another State, or Dy citizens or subjects of any foreign State. (ARTICLE xu.) The Electors shall meet in their respective States, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same State with themselves; they shall name in their ballot the person voted for as President, anil in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President. and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of government of the United States, directed to the President of the Senate. The President of the Senate shall, in presence of the Senate and the House of Representatives, open all the certificates, and the votes shall then be counted. The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers, not excee'dinflf three, on the list of those voted for as President, the House of Represent- atives shall choose immediately, by ballot, the President. But in choosing a President, the* votes shall betaken by States, the rep- resentation from each State having one; a quorum for this purpose shall consist of a member or members from two thirds of the States, and a majority of all the States shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them THE CONSTITUTION. 547 before the fourth day of March next following, then the Vice- president shall act as President, as in the case of the death or other constitutional disability of the President. The person having the greatest number of votes as Vice-President, shall be Vice- President, if such number be a majority of the whole number of Electors appointed; and if no person have a majority, then, from the two highest numbers on the list, the Senate shall choose the Vice-President ; a quorum for the purpose shall consist of two- thirds of the whole number of Senators, and a majority of tha whole number shall be necessary to a choice But no person, constitutionally ineligible to the office of President, shall be eligible to the office of Vice-President of the United Stated, (ARTICLE xm.) SEC. 1. Neither slavery nor involuntary servitude, except as punishment for crime, whereof the party shall have been duly convicted, shall exist within the United States, or any place sub- ject to their jurisdiction. SEC. 2. Congress shall have pOTver to enforce this article by appropriate legislation. THE Constitution was adopted on the 17th September, 1787, by the Convention appointed in pursuance of the Resolution of the Congress of the Confederation of the 21st February, 1787, and ratified by the Conventions of the several States, as follows : By Convention of Delaware 7th December, 1T8T. Pennsylvania 12th December, 1787. New- Jersey 18th December, 1787, Georgia 2d January, 1788. " Connecticut 9th January, 1788. " Massachusetts 6th February, 1788. " Maryland 28th April, 1788. " South Carolina 23d May, 1783, New-Hampshire 21st June, 1788. " Virginia 26th June, 1788. " New-York 26th July, 1788. " North Carolina 21st November, 1789. " Rhode Island 29th May, 1790. The first ten of the Amendments were proposed on the 25th September, 1789, and ratified by the constitutional number of States, on the 15th December, 1791 ; the eleventh, on tho 8th Jan- uary, 1798 ; the twelfth, on the 25th September, 1804, and tho thirteenth, on the 28th of March, 1864. 550 SEAL OP TUB UNITED STATES THE GREAT SEAT OF THE UNITED STATES Is . oiie of peculiar inter- est, and therefore we feel warranted in giving more details of its design and history than can be allotted to the Seals of the several States. Soon after the de- claration of independence, Benjamin Franklin, John Adams, and Thomas Jef- ferson were appointed a committee to prepare a great seal for the infant re- public ; and they employed a French West Indian, named Du Simitiere, not only to furnish designs, but also to sketch such devices as were suggested by them- selves. In one of his de- signs, the artist displayed on a shield the armorial ensigns of the several nations from whence America had been peopled embracing those of England, Scotland, Ireland, France, Germany, and Holland. On one side wns placed Liberty with her cap, and on the other was a rifleman in uniform, with his rifle in one hand and a tomahawk in the other the dress and weapons being peculiar to America. Franklin proposed, for the 'device, Moses lifting his wand, and dividing the Red Sea, and Pharaoh and his hosts overwhelmed with the waters. For a motto, the words of Cromwell, " Rebellion to tyrants is obedience to God." Adams proposed the Choice of Hercules ; the hero resting on a club, Virtue pointing to her rugged mountain on one hand, and persuading him to ascend ; and Sloth, glancing at her flowery paths of pleasure, wantonly reclining on the ground, displaying the charms, both of her eloquence and person, to seduce him into vice. Jefferson proposed the Children of Israel in the Wilderness, led by a cloud by day and a pillar of fire by night ; and, on the reverse, Hengist and Horsft, the Saxon chiefs, from whom we claim the honor of being SEAL OP THE UNITED STATES. 551 descended, and whose political principles and form of government we have assumed. Franklin and Adams then requested Jefferson to combine their ideas in a compact description of the proposed great seal, which he did, and that paper, in his ha ad writing, is now in th'e office of the Secretary of State at Washington. This design consisted of a shield with six qu&r- terings, parti one, coupi two, in heraldic phrase. The first gold, and an enameled rose, red and white, for England ; the second white, with a thistle, in its proper colors, for Scotland ; the third green, with a harp of gold, for Ireland ; the fourth blue, with a goldon lily-flower, for France ; the fifth gold, with the imperial black eagle, for Germany ; and the sixth gold, with the Belgic crowned red lion, for Holland. These denoted the countries from which America had been peopled. He proposed to place the shield within a red border, on which there should be thirteen white escutcheons, linked together by a gold chain, each bearing appropriate initials, in black, of the confederated States. Supporters, the Goddess of Liberty on the right side, in a corslet of armor, in allusion to the then state of war, and holding the spear and cap in her right hand, while her left supported the shield. On the left, the Goddess of Justice, leaning on a sword in her right hand, and in her left a balance. The crest, the eye of Providence in a radiant tri- angle, whose glory should extend ovor the shield and beyond the figures. Motto: E Pluribus Unum 'Many in one." Around the whole, " SEAL OP THE UNITED STATES OB- AMERICA, MDCCLXXVI." For the reverse, he proposed the device of Pharoah sitting in an open chariot, a crown on his head and a sword in his hand, passing through the divided waters of the Red Sea in pursuit of the Israelites. Rays from a pillar of fire in a cloud, expreoslve of the Divine presence and command, beaming on Moses, who stands on the shore, and, extending his hand over the sea, causes it to overwhelm Pharoah and his follow- ere. Motto : " Rebellion to tyrants is obedience to God." Jefferson's device was highly approved by his coadjutors, and the committee reported on the 10'Ji of August, 1776 ; but, for some unac- countable reason, their report was neglected, not having been even placed on record ; and the affair was allowed to slumber until the 24th of March, 1779, when Measrs. Lovell, of Massachusetts, Scott, of Vir- ginia, and Houstoun, cf Georgia, were appointed a committee to mako another device. On the 10th of May following they reported in favor of a seal four inches in diameter, ono side of which should be composed of a shield with thirteen diagonal stripes, alternate red and white. Supporters, a warrior, holding a sword, on one side, and on the other the figure of Peace, bearing jm olive branch. The crest, a radiant constellation of thirteen stare. Motto : Bella vd Pace " For War 01 Peace," and the legend, " Seal of the United States," On the reverse, the figure of Liberty , peated m a chair, holding the staff and cap. Motto : Semper k * Forever " and underneath, MDCCLXXVI. This report was re-com- mitted, end again submitted with some slight modifications (substituting the figure of an Indian with bow and arrows in his right hand for that of a warrior) just a year afterward ; but it was not accepted, and the matter rostcd until April, 1782, when Henry Middleton, Elias Boudinot 552 SEAL OF THE UNITED STATES. aud Edward Rutledge were appointed a third committee to prepare a seal. They reported on the 9th of May following, substantially the same as the committee of 1779 and 1780 ; but, this not being satisfac- tory to Congress, ou the loth of June the whole matter was referred to Charles Thomson, its 'secretary . He in turn procured several devices, among which was one by Wil- liam Barton, of Philadelphia, consisting of an escutcheon, with a blue border, spangled with thirteen stars, and divided in the centre, perpen- dicularly, by a gold bar. On each side of this division, witliin the blue border, thirteen bars or stripes, alternate red and white, like the American flag adopted on the 14th of June, 1777. Over the gold bar an eye surrounded with a glory, and in the gold bar a Doric column resting on the base of the escutcheon, having a displayed eagle on its summit. .The crest, a helmet of burnished gold, damasked, grated with six bars, and surmounted by a red cap of dignity, such as dukes wear, with a black lining, and a cock armed with gaffs. Supporters, on on side the Genius of America, with loose Auburn tresses, having on her head a radiant crown of gold, encircled with a sky-blue fillet, spangled with silver stars, and clothed in a long, loose, white garment, bordered with green. From the right shoulder to the left side, a blue scarf with etars, the cinctures being the same as in the border. Around her waist a purple girdle, fringed with gold, and the word VIRTUK embroidered in white. Her interior hand rested on the escutcheon, and the other held the American standard, on the top of which a white dove was perched. The supporter on the other side was a man in complete armor ; his eword-belt blue, fringed with gold ; his helmet encircled with a wreath of laurel, and crested with one white and two blue plumes ; his left hand supporting the escutcheon, and his right holding a lance with a bloody point. Upon an unfurled green banner was a golden harp with silver strings, a brilliant star, and two lily-flowers, with two crossed ewords below. The two figures stood upon a scroll, on which was the motto Deo Favente " With God's Favor " in allusion to the eye 01 Providence in the arms. On the crest, in a scroll, was the motto Virtus tola Invicta " Virtue alone is Invincible." After vainly striving to perfect a seal which should meet the approval of Congress, Thomson finally received from John Adams, then in Lon- don, an exceedingly simple and appropriate device, suggested by Sir John Prestwich, a baronet of the West of England, who was a warm friend of America, and an accomplished antiquarian. It consisted of an escutcheon bearing thirteen perpendicular stripes, white and red, with the chief blue, and spangled with thirteen stars ; and, to give iS greater consequence, he proposed to place it on the breast of an Ameri- can eagle, displayed, without supporters, as emblematic of self-rehance. It met with general approbation, in and out of Congress, and was adopted in June, 1782 : so it is manifest, although the fact is not exten- sively known, that we are indebted for our national arms to a titled aristocrat of the country with which we were then at war. Eschewing all heraldic technicalities, it may be thus described in plain English : Thirteen perpendicular pieces, white and red ; a blue field ; the escutcheon on the breast of the American eagle displayed, proper, holding in his right talon an olive-branch, and in his left a bundle of thirteen irrows, all SEAL OF THE UNITED STATES. 553 proper, and in his beak a scroll, inscribed with the motto E Plurib'ts Unum. Foi the crest, over the head of the eagle, which appeura abova the escutcheon, a golden glory breaking through ft cloud, proper, and surrounding thirteen stars, forming a constellation of white stars on a blue field. Reverse. A pyramid unfinished. In the zenith, an eye in a triangle, sur- rounded with a glory, pro- per. Over the eye, the words AnnuiP Cccptis " God has favored the un- dertaking." On the base rf the pyramid, are the numeral Roman letters MDCCLXXVI. ; and un- death the motto, Novus Ordo Scclorum ''A new Series of Ages" denot- ing that a new order of things had commenced in the Western hemisphere. Thus, after many fruitless efforts, for nearly six years, a very simple seal was adopted, and jet remains the arms of the United States. SEALS OF THE SEVERAL STATES, ARRANGED IN CHRONOLOGICAL ORDER, VIRGINIA. ON a white or silver field the Goddess ol Virtue, the genius of the commonwealth, is represented, dressed like an Amazon resting on a spear with one hand, and holding a sword in the other. She is in the act of trampling on Tyranny, repre- sented by a man prostrate, a crown fallen from his head, a broken chain in his lef hand, and a scourge in his right. On label above the figure is the word " Vir ginia ;" and beneath them is the motto, Sic semper tyrannis "Thus we serve tj rants." SETTLED BY Tilt; ENGLISH, 1607. NEW-YORK. A shield, or escutcheon, on which is re- presented the rising sun, with a range of hills and water in the foreground. Above the shield, for the crest, is a wreath sur- mounted by a half globe, on which rests a startled eagle, with wings outstretched. For the supporters of the shield, on the right is represented the figure of Justice, with the gword in one hand and the scales in the other ; and on the left the Goddess of Liberty, with the wand and cap in her left hand, and the olive branch of peace in her right. Below the shield is the motto, Excelsior " More elevated " de- noting that the course of the State is on- ward and higher. Around the border of the seal, between two plain lines, is the inscription, in Roman capitals, "The Great Seal of the State of New-York." On the blue ground of an irregularly- formed shield an Indian is represented, dressed with belted hunting-shirt and moo- cassins. In his right hand is a golden bow, and in his left an arrow with the point downward. A silver star on the right denotes one of the United States o* America A wreath forms the crest of the escutcheon, from which extends a right arm, clothed and ruffed, the hand grasping a broad-sword, the pommel and hilt of which are of gold. Around the escutcheon, on a waving band or label, are the words, Ensc petit placidam nub libertate quietem " By the sword she st-eki peace under liberty." SSTTLED BY THB DUTCH, 1684. MASSACHUSETTS. BBTTLKD BT TITB PURITANS, 1620. 554 A circular field, surrounded by a laurel NEW-HAMPSHIKE. wreath, encompassed by the words, in . --~---~>-^ Roman capitals, " Sigillum Rcipublica ^*"!?r e&t. Nco Hantoniensis :" "The Seal of the {State of New-Hampshire," with the date, 1784, indicating the time of the adoption of the State Constitution. Land and water are represented in the foreground, with the trunk of a tree on which the hardy woodman is yet engaged, embracing a scene of busy life, significant of the in- dustrious habits of the people ; and a ship on the stocks, just ready for launching, with the American banner displayed, Is figurative of readiness to embark on the sea of political existence. The sun, just emerging above the horizon, symbolizes the rising destiny of the State. A white shield, or escutcheon, bearing NEW-JKRSKY. three ploughs, indicating that the chief reliance of the people is upon agriculture. The crest is a horse's head, supported by a full-face, six-barred helmet, resting on a vase the latter resting on the top of the escutcheon. The supporters are the God- dess of Liberty on the right, with her wand and cap, her left arm resting on the escutcheon ; and Ceres on the left, her right hand resting on the escutcheon and her left supporting a cornucopia, filled with fruits and flowers. Around the bor- der of the sea are the words, in Roman capitals, ' The Great Seal of the State of New Jersey," and at the base the date of its adoption, in numeral leh tore, MDCCLXXVI., (1776.) An azure shield, of escutcheon, divided DELAWARE. into two equal parts by a white band or girdle. A cow is represented in the lower part of the shield, and in the upper part are two symbols, designed probably to represent the agricultural productions of the State grain and tobacco. The crest (a wreath) supports a ship under full sail, displaying the American banner. On a white field around the escutcheon were formerly wreaths of flowers, branches of the olive, and other symbols, but these have been displaced for two figures, repre- senting a mariner and a hunter. At th,e bottom of the seal, in numeral letters, is the date of its adaption, MDCJXCIII. (1793), and ground the border, in Roman capitals, are the words Great Se^l of the State of Delaware/'. 555 SETTLED BY THE DUTCH, 1624. SETTLED BY SWEDES AND DAXEfl, 1627. iETTLED BY THK IRISH CATHO- LICS, 1635. CONNECTICUT. MARYLAND. On a white or silver field the figure o Justice is seen prominent in the centre of the foreground, grasping an olive branch, and a sword in her right hand, while her left is elevating her well-bat lanced scales above her head. At her feet is a laurel wreath, the fasces and a coruu copia, with an uninscribed white label waving loosely from their midst. In th distance, on the right, is a view of the ocean, with a ship under full sail in the perspective, bounded by a clear horizon. On the left are some hogsheads of tobacco, symbolical of the principal products, and a ship with its sails partly unfurled, indi- cative of commercial enterprise. The original seal is of an oval form, without any ornamental devices, and on the field are delineated three grape-vines, each winding around and sustained by an upright support, the whole representing the three settlements (Hartford, Windsor, and Wethersfield) which formed the early colony. On a label waving around the lower vine is the motto Qui Transtulit Sustinet "He who planteth still sus- tains." Around the margin of the field are the words, " Si g ilium ReipuUica Con- necticutcnsis :" " The Seal of the State o! Connecticut." [The Colonial seal 'had fifteen grape-vines, with a hand protruding from the clouds on the right above them, grasping the. label and motto, which was waving in the air ; but that seal has been broken, and the present seal used in its stead.] RHODE ISLAND. A white or silver shield, on which is an anchor with two flukes, and a cable at- tached. Above the shield, in Roman capitals, is the word HOPE, and from each upper corner of the shield is sus- pended an unlettered label. The device symbolizes those principles of civil and religious liberty which led to the found ing of this colony, and in which the faith of the citizens of the State is still deeply anchored. The motto, HOPE, above the shield, directs the mind to the uncertain future, anticipating the growing pi-osperity of the State, and the perpetuity of its free institutions ; while the unlettered label Cenotes that events are still progressing in the march of Time, and await the completion of History, before the destiny of the State shall b recorded thuroon. 556 BETTLKD BY THE PURITANS, 1635. *TTL BD BY ROGER W1LLIAMS.1636. In the original seal, which differs some- NORTH CARa what, from the margin, on a white or silver field are represented the Goddess of Lib- erty on the right, and Ceres, the Goddess of corn and of^ harvests, on the left. In the right hand of the former is a scroll, representing the Declaration of Independ- ence, and the left supports her wand, sur- mounted by the cap of liberty. Ceres has in her right hand three heads or ears of wheat, and in her left the cornucopia or horn of plenty, filled with the products of the earth. In the background is a marine view, indicative of the commercial resources of the State. Around the outer circle, starting from a star on the top, are the words, in Roman capitals. " Great Seal of the State of North Carolina." SETTLED BY TUB ENGLISH, If/50. In the centre of the white or silver field is the device of a palmetto-tree (a species of the date), with its topmost branches de- noting a vigorous growth, emblematical of the prosperous progress of the State. Near the base of the tree are two cross- pieces ; composed of bundles of spears, at the crossing of which is attached a Bcroll or label, with the motto, Animis opibusque parati " Ready [to defend it] with our lives and property," which mot- to, by the way, is more generally put around the lower half of the outer circle, with the words " South Carolina" occupy- ing the upper half, preceded by a single Btar. SOUTH CAROLINA. SETTLED KYTHE HUGUENOTS, 1670. On a white field is an escutcheon parted PENNSYLVANIA. by a yellow or golden band or girdle, on which is represented a plough in its natu- ral color. In the upper part of the shield, a ship under full sail is gliding smoothly over the waves of the sea, which are sur- mounted by an azure sky. At the lower part, on a green ground, are three golden sheaves of wheat, denoting that agricul- ture as well as commerce, is one of the primary reliances of the State. On the right of the shield is a stalk of maize, and on the left an olive branch. For the crest, on a wreath of olive flowers, is perched a bald eagle, with wings extended, holding in its beak a label, with the motto, "Virtue, Liberty, and Inde- pendence." Around the margin of the seal are the words, " Sea] of th State of Pennsylvania " 557 SETTLED BY WILLIAM PEST, 1682. B3ITLED BT THB ENGLISH, 1733. GEORGIA. In the centre of a circular white or sil- ver field are three pillars, supporting on arch, around which are emblazoned the word " Constitution." The pillar? ara symbolical of the three departments ol the State government the Legislative, the Judiciary, and the Executive ; and on the one at the right, representing the Leg- islative, is the word "Wisdom;" on the second, representing the Judiciary, is tl* word "Justice ;" and on the third, repre.- senting the Executive, is the word " Mod<> ration." Near the right pillar is the figure of an officer with a drawn sword, denoting that the aid of the military ia always ready to enforce respect and obedience to law. Around the margin of the circle are the words, " State of Georgia. 1799." TERMONT. A circular field, in the middle of which is a tall evergreen with fourteen branches thirteen representing the original States, and the fourteenth or topmost the State of Vermont, supported by the others. Beneath a cloudless firmament, the Green Mountains are seen towering in the dis- tance, and in the foreground are sheaves of wheat and a cow, indicative of an agri- cultural and grazing country, affording the true sources of thrift and independ ence for an industrious population. The Green Mountains have ever been con- sidered characteristic of the hardy race which inhabits that region. Around the margin of the field, in Roman capitals, the word " Vermont" occupies the upper half-circle, and the words " Freedom and Unity" occupy the lower half. KENTUCKY. Although the seal of this State is ap- parently and really among the most sim- ple in its design, yet it embodies a sig- nificance which should commend itself to the serious consideration of all who are disposed to place a slight value upon the union of the States. In the centre of a circular white or silver field, two friends are seen grasping one hand of each othei in a firm and cordial embrace, while the other is extended to each other's back, significant of encouragement and support. Below them is the expiessive motto, " United we stand ; divided we fall." An ornamented double circle encompasses the whole, with the words " Seal of Kentucky" between the lines pf fcir* upper half-circle. 558 ADMITTED INTO THE UNION, 1791. ADMITTED INTO THB UNION, 1792. ADMITTED INTO THB CNIOST, 1798. The OHIO. A white or silver circular field, the up- TENNESSEE. per half of which is occupied on the right by a plough, in the centre by a sheaf of wheat, and on the left by a stalk of cotton. Underneath these emblems, extending across the entire middle of the field, is the word " Agriculture," denoting that the first reliance of the State should be upon the productions of the soil. The lower half is occupied by a loaded barge, with the word " Commerce" below the water, indicating that the prosperity of all may bo promoted through this means. Over the sheaf of wheat are the numeral letters XVI., denoting that this was the sixeeenth State admitted into the Union. Around the border are the words, Great Seal of the State of Tennesee," with the date, 1796. In a circular field are several devices, significant of the general surface, busi- ness, and prospects of the State. The central portion represents a cultivated country, with the emblem of agriculture (a wheat-sheaf) on the right, and on the left a bundle of seventeen arrows, indica- ting the number of States then constitu- ting the Union. In the distance is a range of mountains, the base skirted by a tract of woodland. The rising sun, which is just becoming visible above the moun- tains, betokens the rising glory of the State. The foreground is an expanse of ^ mm IJm) THB CNIOH< 1802 water, with a keel-boat on its surface, in- dicative of inland trade. Below is the motto, " Imperium in impe- rio." On a white or silver circular field is represented a pelican, standing by her nest filled with young ones, in the attitude of "protection and defence," and in the act of feeding them all sharing alike her maternal assiduity. The mother-bird symbolizes the general government of the Union ; while the birds in the nest repre- sent the sevf-^al States. Above are the scales of Justice, which, taken in con- nection with the emblems beneath, sig- nify that " equal and exact justice" must be extended to all the members of the confederacy. The semi-circle of eighteen itars indicates the number of States at LOUISIANA. ADMITTED INTO THE TTNION, 1812. the time of admission. In the upper portion of the external circle are the words, " State of Louisiana," and in the lowe the woi'ds, " Union and Confidence " 559 INDIANA. ^ In the lower portion of * circulai field fiff??^^^ ia represented a scene of prairie and wood- i^w land, with the surface gently undulating descriptive of the predominant features of the State. In the foreground is a buf- falo, an animal once abounding in great numbers in this region, apparently star- tled by the axe of the woodman or pio- neer, who is seen on the left, felling the trees of the forest, denoting the march of civilization westward. In the distance, on the right, is seen the sun, just appoar- _ __ ing above the verge of the horizon. Jn a ADMITTED INTO IBB UNION, 1816. half-circle, spanning the expressive scene beneath, are the words " Indiana State beal. Around the outer margin of the whole is a plain green border surrounded by a simple black line. MISSISSIPPI. In the centre of a white or silver cirai- lar field is the American eagle, with wide- spread wings, occupying the entire sur- face ; which may be considered as deno- ting that all the people of the State, from whatever clime or country they may have come, are purely American in feeling, and are content to repose their trust under the broad wings of the "bird of liberty." In the right talon of the eagle is a bundle of four arrows, significant of power to sus- tain the principles of government, and to repel the assaults of an enemy ; while an O . U . VC brlUICh the left ^tokens & dispO- siuon to maintain peace. Around the outer circle, between parallel lines, are the words, in Roman capitals. " The Great Seal of the State of Mississippi." In the centre of a white or silver es- cutcheon is a representation of the Ameri- can eagle, its wings spread so as to touch the inner margin of the shield. In its right talon is the emblem of peace, an olive branch ; while three arrows are grasped in the left, denoting its readiness to sustain the three great branches of government. On its breast is an escutch- eon, the lower half of which is represented of a red color, and the upper half blue, the latter bearing three white or silver stars. From its beak extends a labei, waving in the air above it, with the in- scription " State Sovereignty : National Union." In the u^er part of a circle enclosing the shield are the words, " Seal of the Hate of Illinois," and in the lower part the dot* ADMITTED INTO THE UNION, 1817. ILLINOIS. ADMITTED INTO THE UNION. 1818 * Aug't 26, 1818." SCO Nearly the entire of a circular field ia occupied with the representation of a map, embracing the names and localities of the principal rivers and towns, as they ex- isted at the time when the territorial gov- ernment was established, 1817, A por- tion of East Florida, embracing the line of surface as far as Pensacola, is included in the map, as also a small portion of Tennessee, sufficient to show the bound- aries on either side. Around the circle, between two parallel lines, are the words, in Roman capitals, " Alabama. Execu- tive office." ALABAMA ADMITTED INTO THE UNION, 181& ADMITTED IKTO THB UNION, 1820. A white or silver shield, on which is MAINE. represented a pine-tree, with a moose-deer recumbent at its base emblematical of the valuable timber of the State, and of the security and repose enjoyed by the animate which range its immense forests. The " supporters" are a mariner resting on his anchor, and a husbandman with his scythe denoting that commerce and agriculture are each primary resources of the State. Above the shield is the North Star, beneath which is the motto, Dirigo " I direct ;" and under the shield is the name of the State, in Roman capitals ; while sea and land compose the fore- ground. On the left, the tall masts of a ship are perceptible in the dis- tance, the sails spread, denoting a readiness for commercial enterprise On a circular shield, equally divided by MISSOURI. a perpendicular line, is a red field on the right side, in which is the white or griz- zly bear of Missouri. Above, separated by a wavy or curved line, is a white or silver crescent, in an azure field. On the left, on a white field, are the arms of the United States. A band surrounds the escutcheon, on which are the words, " United we stand, divided we fall." For the crest, over a yellow or golden helmet, full faced and grated with six bars, is a silver star ; and above it, a constellation of twenty-three smaller *tars. The supporters are two grizzly bears, standing on a scroll inscribed, Salus populi suprcma lex csto " The public safety is the supreme law." Underneath are the numcraLi MDCCCXX., and around the circle the words, "The Great Seal of th State of Miesoim." 501 ADMITTED INTO THE UNION, 1821. ARKANSAS. Oocupjlrg the lower part of u circle Is a shield, near the base of which is a white star on a blue field, representing the State. In the middle portion is a bee-hive, signi- fying industry, and a plough, denoting agriculture ; while a steamboat, emblem- atic of commerce, lills the upper part. For the crest, the goddess of liberty is represented with her wand and cap in one hand, and a wreath ol laurel in the other, surrounded by constellation of stars, indicating the States. The supporters two eagles, one grasping a bundle of ar- rows, and the other an olive branch ; a extending f rom the c l a o f each> ADMITTED WTO THS UNION, 1836. with the motto Regnant Populi " The People rule." On either side. of the base is a cornucopia, and around the circle which encloses the the whole are the words, "Seal of the State of Arkansas." MICHIGAN. On an escutcheon in the centre of a white field is the representation of a pen- insula extending into a lake, a man with his gun, and the rising sun. On the up- per part is the word Tudor " I will de- fend it ;" and on a label extending acroba the lower part is the motto, Si quarris pcninsuiam amanam circumspicc " If you seek a delightful country (peninsula), be- hold it." The supporters are a common deer on the right, and a moose on the left, both aboun<ding in the forests of Michigan. For the crest, is the American eagle ; above which, on a label waving ADMITTED INTO THE UNION, 1837. aboye ^ ig the mott()j pl uribus Unu Around the outer circle, between two parallel lines, are the words, " The Great Seal of the State of Michigan, A. D. MDCCCXXXVIL" FLORIDA. The seal which was originally used for the territory of Florida, although not formally adopted as that of the State, has been continued ever since, and of course retains aH its legal force. In the centre of a circular white or silver field is repre- sented the American eagle, " the bird of liberty," grasping the emblem of peace, an olive branch, in its left talon ; and in its right a bundle of three arrows, signifi- cant of the three principal reliances of good government the executive, the le- gislative, and the judicial. Above are arranged in a semi-circle thirteen stars. emblematic of the thirteen original states, and below, the ground is represented as covered with the prickly pear, a fruit common to the country, and for which an appropriate motto wetild be, " Let us live." 562 ADMITTED INTO THE UNION, 1845. Texas ;s the only State which enjoyed a TEXAS. literally independent or isolated existence previous to its admission into the Union. During its struggle with Mexico, it adopt- ed as an official seal a white or sil ver star of five points on an azure field, encircled by branches of the live oak and olive. Around the outer circle were the words, " Republic of Texas " in Roman capital letters. With the exception of the words around the margin, which is now blank, except the word " Texas" in the upper half-circle, the former seal has been adopt- ed einee by the State. The live oak (quer- cus mrens), which abounds in the forests ADMITTED THE UNION, 1845 of Texas, is a strong and durable timber, much used in ship-building, and forming an important article of export. The new seal of Iowa has in the fore- IOWA. ground a citizen upholding with one hand the national flag with the cap of liberty at the top of the stafif, while he holds in the other hand his trusty rifle. Behind him, and at his right side, are the implements of agriculture, the plough, the cradle, etc. In the middle ground are a sheaf of wheat, with the broad wheatfield extending far to the rear, and on the left is a pile of timber, indicative of the forest wealth of the State, and a plain but commodious dwelling show- ing the recency of its settlement. In the background, beyond the wide prairie, a large steamboat is plying upon the river. The legend extending above and around ADMITTED INTO THK UNION, the whole is " Our Liberties we prize, and our Rights we will main- tain." A large portion of the field is occupied WISCONSIN. by land and water scenery, denoting' the agricultural, commercial, and mining in- terests of the State. In the foreground is a man ploughing with a span of horses ; in the middfe is a pile of lead in bars, a barrel, a rake, a sheaf of wheat, an an- chor, and a cornucopia. Lakes Michigan and Superior are represented, with a sloop on the former, and a steamboat on the latter, towards which an Indian on the shore is pointing. In the distance is a level prairie, skirted by a range of wood- land a light-house and school-house on the left, and the State-house in the centre. ADMITTED INTO TUB UNION, 1847 In a semi-circle above are the words, Cimlitas succc&sit Barbarum " Civilization has succeeded Barbarism." At the bottom is the dat* when a territorial government was formed, " Fourth of July, 18B6 ;* and around the whole are the words " The Great Seal of the Territory * Wisconsin which has not yet been changed. 509 MINNESOTA. CALIFORNIA. in the foreground on the left, Minerva is seated on a rock, near the bank of an extensive bay or river, which winds its course among the majestic mountains on either side. Her spear is grasped in the right hand, while the left rests on the top of her shield by her side, near which is a grizzly bear, significant of the snwy re- gion round about. On the right is a hardy miner with his pick, seeking the golden treasures secreted among the rocks. Along the centre is seen a majestic bay, with two clippers in full view, indi- cating that commerce is one of the chief ADMITTED INTO THE csiosT, 1850. re liances of the people Above the snow- covered mountains, which bound the view, is the Greek word Eureka u I have found." The seal of this State represents the peculiar circumstances under which it was originally settled, Avhen the white man first undertook to convert its com- parative deserts into productive agricul- tural fields. In the distance, an Indian ia seen mounted on a swift steed, retreating from the haunts where he had long been accustomed to enjoy unmolested the sports of the chase, and to roam unin- terruptedly amidst his native forests. In the foreground is seen the new settler, preparing for his future subsistence by ADMITTED INTO THE UNION, 1857. turning up the furrow, preparatory to sowing seed for the harvest. His gun and ammunition are lying behind him, ready to repel the assaults of savage foes, to which he is constantly exposed. The motto, L'Eioile du Nord, (the Star of the North,) is expressive of the bright future which this State is destined to realize. The emblems on the shield in the centre of the circular ground, are indicative of the advantages to be derived from a wild and mountainous country, through the medium of commerce, which are symbol- ized by the range of mountains depicted in the lower, and by the ship occupying the upper portion of the escutcheon. The right supporter is a representative of that unfortunate race who once entirely pos sessed the country, but who have been compelled to yield their heritage in part to the power of that enterprising people , 1858. whose emblem is the eagle, here used as the left supporter. The crest, a beaver, denotes the sort of trade which formerly distinguished the inhabitant* of titia region. 564 OREGON. ADM.TTSD INTO THK In th background the Rocky Mountains with the sun setting beyond them and a single bright star above. Nearer, forests along the banks of the Missouri, on which a large steamer is plowing its way. Still nearer, a vast plain on which a party of hun- ters are pursuing the buifalo. Toward the foreground a log-cabin and a train of emi- grant wagons, and in the immediate fore- ground a farmer plowing with a two-horse team. The motto is Ad Astra per Aspwa, .Through rough ways to the Stars. Admitted Into the Union 186L UTAH. Tho simple device adopted for this ter- ritory is sufficiently expressive, and re- quires no lengthened explanation of what it is intended to symbolize. The bee- hive, in all ages, has been regarded as the emblem of industry, and the position in which it is here represented, as resting on a substantial foundation, implies that it is the certain harbinger of success in every important undertaking. The representa- tions of vegetation in the background, imply that these productions of the soil are to be obtained by well-applied skill and industry, and upon these are the peo- ple to rely for a prosperous future. Perhaps, if we take into consider %don the social condition of the original settlers of this territory, th iee-hive may be regarded as significant of the unity of interests at that time predominant. The dates at the top and bottom indicate the first formation of a territorial government. This seal displays the characteristics NEBRASKA of the settlers who have adopted this ter- ritory as their future home. Representa- tives of the two principal classes of people (agricultural and mechanical) are seen in the act of upholding the Constitution, over which the American flag is gathered, in token of its care and protection. The steamboat, seen in the distance on the right, indicates that the State possesses many resources for extensive commerce, which may be materially aided by rail- roads and other internal improvements, which are shadowed out on the left The plow and the anvil ire emblems of the immense agricultural ana mineral advantages which abound in every direction, and whose devel- opement is certain to secure for this territory an eminent degree ol wealth and prosperity. The motto, "Popular Sovereignty/' expresses the will of thb people to govern themselves, and is only the embodiment of a sentiment almost universally prevalent 565 The seal of West Virginia has in tlio WEST VIRGINIA. foreground two muskets crossed, with Admitted to the Union June 20, sea. the cap of liberty lying upon them at the point of crossing. In the centre is a shield bearing the inscription June 20, 1863 (the date of the admission of the State). The shield is supported on the right, by a miner with his pick on his shoulder indicative of the mineral wealth of the State, and on the left by an agri- culturist, who is a woodsman as well ; he has his axe resting on one arm, while the other hand grasps the plow. A stalk of maize, and a grape-vine, indicate the staple productions of the State, and on the right a blacksmith's anvil and hammer, and some hogsheads and bales, show its devotion to the mechanic arts and to commerce. A circlet surrounding the seal bears the legend, " STATE OF WEST VIRGINIA," and between two stars is the motto, Montani semper libcri, Mountaineers are always freemen. NEW MEXICO. A circle set in a square block. In the circlet a mythological salamander sur- rounded with rays and flames ; to which the eagle, with the arrows or darts in his claw, is offering a serpent which he holds firmly in his beak. Below on a ribbon the number MDCCCL. Above the shield the Masonic symbol of the eye in a triangle surrounded by rays. Below this, and couchant, the lie- tor's axe, the handle surrounded by fas- ces or rods bound around it, an old Roman symbol. On the upper part of this shield mountains are represented ; below, and on a dotted ground, the pick- axe and mallet crossed. The motto on a ribbon surrounding the lower portion of the shield is Nil SineNumine, "Noth leg without Divine aid." 566 NATIONAL SECURITIES. 567 National Securities. 1. The " Seven-thirties" represent a Currency Loan haying thiee years to run, and then convertible into a gold interest 6 per cent, stock having twenty years to run, but with the right reserved to the .government of paying off the loan, in gold, at any time after five years. The term " Seven-thirties" is derived from the rate of interest which these three-years convertible notes bear, to wit : two cents per day on each $100, or for 365 days, seven dollars and thirty cents on each $100. 2. The term "Five-twenties" is applied to the 6 per cent, gold bearing bonds of the United States, to which twenty years half- yearly coupons are attached, but which may be paid off, in gold, by the government, on due notice to the holders, at any time after five years. 3. The term " Ten-forties" is applied to the 5 per cent, gold- bearing bonds of the United States, to which half-yearly cou- pons are attached for forty years, but which may be paid off in gold on notice to the holders, at any time after ten years. 4. The long or unconditional 6 per cent, gold-bearing loan, known as the 6 per cent, of 1881, can not be redeemed by the government at all, except by purchase. Quick Method of Calculating Interest for Days. Multiply the principal by the number of days and divide the product (if for 5 per cent.) by 7200 ; (if for 6 per cent.) by COOO ; (if for 7 per cent.) by 5143 ; (if for 8 per cent.) by 4500 ; (if for D per cent.) by 4000 ; (if for 10 per cent.) by 3600. Example. What is the interest on $120 for 20 days at 10 per cent ? 120-00 dollars, Multiplied by 20 days. Divided by 3600)2400-00(66-6 cents interest. 568 RECONSTRUCTION. RECONSTRUCTION. The only laws and measures bearing on this subject, which are appropriate for this work, or necessary to a clear understanding of the existing condition of affairs are the following : I. THE ORIGINAL RECONSTRUCTION ACT OF MARCH 2d, 1867. Being chapter CLIIL of the Acts of the XXXIX. Congressj entitled : An Act to provide efficient government for the insurrectionary States. Whereas, No legal State governments or adequate protection for life or property now exist in the Rebel States of Virginia, North Carolina. South Carolina, Georgia, Alabama, Mississippi, Louisiana, Florida, Texas, and Arkansas ; and whereas, it is necessary that peace and good order should be enforced in said States until loyal and republican State governments can be legally established ; there- fore Be it enacted, &c., That said Rebel States shall be divided into military districts and made subject to the military authority of the United States, as hereinafter mentioned ; and for that purp ose Vir- ginia shall constitute the Fir^st District, JN'orth Carolina and South Carolina the Second District, Georgia, Alabama, and Florida the Third District, Mississippi and Arkansas the Fourth District, and Louisiana and Texas the Fifth District. SEC. 2. That it shall be the duty of the President to assign to the command of each of said districts an officer of the army not below the rank of Brigadier-General, and to detail a sufficient military force to enable such officer to -perform his duties and enforce his au- thority within the district to which he is assigned. SEC. 8. That it shall be the duty of each officer assigned as aforesaid to protect all persons in their rights of person and proper- ty, to suppress insurrection, disorder, and violence, and to punish or cause to be punished all disturbers of the public peace and crim- inals ; and to this end he may allow local civil tribunals to take ju- risdiction of and try offenders, 'or, when in his judgment it may be necessary for the trial of offenders, he shall have power to organize military committees or tribunals for that purpose ; and all interfer- ence under color of State authority with the exercise of military authority under this act shall be null and void. SEC. 4. That all persons put under military arrest by virtue of this act shall be tried without unnecessary delay, and no cruel or unusual punishment shall be inflicted, and no sentence of any mili- tary commission or tribunal hereby authorized affecting the life or liberty of any person shall be executed until it is approved by the RECONSTRUCTION. 669 ofllcer 5 n, command of the district ; and the laws and regulations of the government of the army shall not be affected by this act, ex- cept in BO far as they may conflict with its provisions. Provided, That no sentence of death under this act shall be carried into exe- cution without the approval of the President. SEC. 5. When the people of any one of said Rebel States shall have formed a constitution and government in conformity with the Constitution of the United States in all respects, framed by a con- vention of delegates elected by the male citizens of said State, 21 years old and upward, of whatever race, color, or previous condi- tion, who have been resident in said State for one year previous to the day of such election, except such as may be disfranchised for participation in the Rebellion or for felony at common law, and when such constitution shall provide that the elective franchise shall be enjoyed by all such persons as have the qualifications hero- in stated for electors of delegates, and when such constitution shall be ratified by a majority of the persons voting on the question of ratification who are qualified as electors ff3r delegates, and when such constitution shalMiave been submitted to Congress for exami- nation arid approval, and Congress shall have approved the same, and when said State by a vote of its Legislature elected under said constitution shall have adopted the amendment to the Constitution of the United States proposed by the XXXIXth Congress, and known as Article 14, and when said article shall have become part of the Constitution of the United States, said State shall be declared en- titled to representation in Congress, and Senators and Representa- tives shall be admitted therefrom on their taking the oath pre- scribed by law, and then and thereafter the preceding sections of this act shall be inoperative in said State. Provided, That no person excluded from the privilege of holding office by said propos- ed amendment to the Constitution of the United States shall be el- igible to election as a member of the convention to frame a consti- tution for any of said Rebel States nor shall any such person vote for members of such convention. SEC. 6. Until the people of said Rebel States 'shall by law be admitted to representation to the Congress of the United States, all civil governments that may exist therein shall be deemed provis- ional only, and shall be in all respects subject to the paramount au- thority of the United States, at any time to abolish, modify, control, and supersede the same, and in ail elections to any office under such provisional governments all persons shall be entitled to vote under the provisions of the fifth section of this act. And no person shall be eligible to any office under such provisional governments who would bo disqualified from holding office under the provisions of the third article of said Constitutional Amendment. [This bill was passed over the President's veto, on March 2, 1867.] 670 BECONSTKTTCTION. II. THE IST SUPPLEMENTAL RECONSTRUCTION ACT, Passed March 23, 1867, by the XL. Congress. The following are the main provisions of this act : Before Sept. 1, 1867, the commanding general in each district, de- fined by an act entitled " An act to provide for the more efficient government of the Rebel States," passed March 2, 1867, shall cause a registration to be made of the male citizens of the United States, 21 years of age and upwards, resident in each county or parish in the State or States included in his district, which registration shall include only those persons who are qualified to vote for delegates by the act aforesaid, and who'shall have taken and subscribed the following oath or affirmation : " I , do solemnly swear (or affirm), in the presence of Almighty God, that I am a citizen of the State of ; that I have resided in said State for months next preceding this day, and now reside in the county of or the parish of , in said State (as the case may be) ; that I am twenty-one years old ; that 1 have not been disfranchised for parti- cipation in any rebellion or civil war against the United States, nor for felony committed against the laws of any State or of the United States ; that I have never been a member of any State Legislature nor held any\executive or judicial office in any State and afterward", engaged in insurrection or rebellion against the United States, or given aid or comfort to the enemies thereof ; that I have never taken an oath as a member of Congress of the United States, or as a member of any State legislature, or as an executive or judicial of ficer of any State, to support the Constitution of the United States, and afterwards engaged in insurrection or rebellion against the United States, or given aid or comfort to the enemies thereof; that I will faithfully support the Constitution and obey the laws of the United States, and will, to the best of my ability, encourage others to do so, so help me God ;" which oath or affirmation may be administered by any registering officer. SEC. 2. After the completion of the registration hereby provided for in any State, at such time and places therein as the command- ing general shall appoint and direct, of which at least thirty days' public notice shall be given, an election shall be held of delegates to a convention for the purpose of establishing a constitution and civil government for such State loyal to tue Union, said convention in each State, except Virginia, to consist of the same number of members as the most numerous branch of the State legislature of such State in the year 1860, to be apportioned among the several districts, counties, or parishes of such State by the commanding general, giving to each representation in the ratio of voters regis- tered as aforesaid, as nearly as may be. The convention in Virginia shall consist of the same number of members as represented the territory now constituting Virginia in the most numerous branch RECONSTRUCTION. 571 of the legislators of said State in the year 18GO, to be apportioned as aforesaid. SEC. 3. At said election the registered voters of each State shall vote for or against a convention to form a constitution therefor under this act. The person appointed to superintend said election, and to make return of the votes given thereat, as herein provided, shall count and make return of the votes given for and against a convention ; and the commanding general to whom the same shall have been returned, shall ascertain and declare the total vote in each State for and against a convention. If a majority of the votes given on that question shall be for a convention, then such conven- tion shall be held as hereinafter provided ; but if a majority of said votes shall be against a convention, then no such convention shall be held under this act : Provided, that such convention shall not be held unless a majority of all such registered voters shall have voted on the question of holding such convention. SEC. 4. The commanding general of each district shall apnpint as many boards of registration as may be necessary, consisting of three loyal oilicers or persons, to make and complete the registration, superintend the election, and make return to him of the Votes, lists of voters, and of the persons elected as delegates by a plurality of the votes cast at said election ; and upon receiving said returns he shall open the same, ascertain the persons elected as delegates according to the returns of the officers who conducted said election, and make proclamation thereof; and if a majority of the votes given on that question shall be for a convention, the commanding general, within sixty days from the date of election, shall notify the delegates to assemble in convention, at a time and place to be men- tioned in the notification, and said convention, when organized, shall proceed to frame a constitution and civil government accord- ing to the provisions of this act and the act to which it is supple- mentary ; and when the same shall have been so framed, said consti- tution shall be submitted by the convention for ratification to the persons registered under the provisions of this act, at an election to be conducted by the officers or persons appointed or to be ap- pointed by the commanding general, as hereinbefore provided, and and to be held after the expiration of thirty days from the date of notice thereof, to be given by said convention ; and the returns frthereof shall be made to the commanding general of the district. SEC. 5. That if, according to said returns, the constitution shall be ratified by a majority of the votes of the registered electors qualified as herein specified, cast at said election (at least one-half of all the registered voters voting upon the question of such ratifi- cation), the president of the convention shall transmit a copy of the same, duly certified, to the President of the United States, who shall forthwith transmit the same to Congress, if then in session, and if not in session, then immediately upon its next assembling ; and if it shall, moreover, appear to Congress that the election was one at which all the registered and qualified electors in the State 572 RECONSTRUCTION. had an opportunity to vote freely and without restraint, fear, or the influence of fraud, and if the Congress shall be satisfied that such constitution meets the approval of a majority of all the qualified electors in the State, and if the said constitution shall be declared by Congress to be in conformity with the provisions of the act to which this is supplementary, and the other provisions of said act shall have been complied with, and the said constitution shall be approved by Congress, the State shall be declared entitled to repre- sentation, and senators and representatives shall be admitted there- from as therein provided. SEC. 6. All elections in the States mentioned in the said " Act to provide for the more efficient government of the rebel States," shall, during the operation of said act, be by ballot ; and all officers mak- ing the said registration of voters and conducting said elections, shall, before entering upon the discharge of their duties, take and subscribe the oath prescribed by the act approved July 2, 1862, entitled " An act to prescribe an oath of office :" Provided, That if any ]fcrson shall knowingly and falsely take and subscribe any oath in this act prescribed, such person so offending and being thereof duly convicted, shall be subject to the pains, penalties, and disabili- ties which by law are provided for tho punishment of the crime of willful and corrupt perjury. HI. THE SECOND SUPPLEMENTARY RECONSTRUCTION ACT OY JULY 19, 1867. This act is as follows : SEC. 1. That it is hereby declared to have been the true intent and meaning of the act of the second day of March, one thousand eight hundred and sixty-seven, entitled, "An act to provide for the more efficient government of the rebel States," and of the act supplementary thereto, passed on the twenty-third day of March, in the year one thousand eight hundred and sixty-seven, that the governments then existing in the rebel States of Virginia, North Carolina, South Carolina, Georgia, Mississippi, Alabama, Louisiana, Florida, Texas and Arkansas, were not legal State governments ; and that thereafter said governments, if continued, were to be con- tinued subject in all respects to the military commanders of the re- spective districts, and to the paramount authority of Congress. SMC. 2. That the commander of any district named in said act shall have power, subject to the disapproval of the General of the Army of the United States, and to have effect, till disapproved, whenever in the opinion of such commander the proper adminis- tration of said act shall require it, to suspend or remove from office, or from the performance of official duties and the exercise of official powers, any officer or person holding or exercising, or professing to hold or exercise, any civil or military oflico or duty in such district RECONSTRUCTION. 573 under any power, election, appointment, or authority derived from, or granted by, or claimed under, any so-called State or the govern- ment thereof, or any municipal or other division thereof; and upon such suspension or removal such commander, subject to the approval of the General as aforesaid, shall have power to provide from time to time for the performance of the said duties of such of- ficer or person so suspended or removed, by the detail of some com- petent officer or soldier of the army, or by the appointment of some other person, to perform the 'same, and to fill vacancies occasioned by death, resignation, or otherwise. SEC. 3. That the General of the Army of the United States shall be invested with all the powers of suspension, removal, appoint- ment, and detaching granted in the preceding section to district commanders. SEC. 4. That the acts of the officers of the army already done in removing in said districts persons exercising the functions of civil officers, and appointing others in their stead, are hereby confirmed: Provided, That any person heretofore or hereafter appointed by any district commander to exercise tho functions of any civil office may be removed either by the military officer in command of the district, or by the General of the Army. And it shall be the duty of such commander to remove from office, as aforesaid, all persons who are disloyal to the governmojit of the United States, or who use their official influence in any manner to hinder, delay, prevent, or obstruct the due and proper administration of this act and the acts to which it is supplementary. SEC. 5. That the boards of registration provided for in the act entitled "An act supplementary to an act entitled ' An act to pro- vide for the more efficient government of the rebel States,' passed March two, eighteen hundred and sixty-seven, and to facilitate res- toration," passed March twenty-three, eighteen hundred and sixty- seven, shall have power, and it shall be their duty before allowing the registration of any person, to ascertain, upon such facts or in- formation as they can obtain, whether such person is entitled to bo registered under said act, and the oath required by said act shall not be conclusive on such question, and no person shall be regis- tered unless such board shall decide that he is entitled thereto ; and such board shall also have power to examine, under oath, (to be ad- ministered by any member of such board,) any one touching tho qualification of any person claiming registration ; but in every case of refusal by the board to register an applicant, and in every case of striking his name from the list as hereinafter provided, the" board shall make a note or memorandum, which shall be returned with the registration list to - the commanding general of the district, Betting forth the grounds of such refusal or such striking from the list : Provided, That no person shall be disqualified as a member of any board of registration by reason of race or color. SEC. 6. That the true intent and meaning of the oath prescribed in said supplementary act is, (among other things,) that no person 574 RECONSTRUCTION. who has been a member of the legislature of any State, or who has held any executive or judicial office in any State, whether he has taken an oath to support the Constitution of the United States or not, and whether he was holding such office at the commencement of the rebellion, or had held it before and who has afterwards en- gaged in insurrection or rebellion against the United States, or given aid or comfort to the enemies thereof, is entitled to be regis- tered or to vote ; and the words " executive or judicial office in any State" in said oath mentioned shall be construed to include all civil offices created by lato for the administration of any general law of a State, or for the administration of j ustice. SEC. 7. That the time for completing the original registration provided for in said act may, in the discretion of the commander of any district, be extended to the first day of October, eighteen hun- dred and sixty-seven ; and the boards of registration shall have pow- er, and it shall be their duty, commencing fourteen days prior to any election under said act, and upon reasonable public notice of the time and place thereof, to revise, for a period of five days, the registration lists,and upon being satisfied that any person not entitled thereto has been registered, to strike the name of such person from the list, and such person shall not be allowed to vote. And such board shall also, during the same period, add to each registry the names of all persons who at that time* possess qualifica- tions required by said act who have not been already registered : and no person shall, at any time, be entitled to be registered or to vote by reason of any executive pardon or amnesty for any act or thing which, without such pardon or amnesty, would disqualify him from registration or voting. SEC. 8. That all members of said boards of registration, and all persons hereafter elected or appointed to office in said military dis- tricts, under any so-called State or municipal authority, or by detail or appointment of the district commander, shall be required to take and subscribe to the oath of office prescribed by law for the officers of the United States. SEC. 9. That no district commander or member of the board of registration, or any officer or appointee acting under them, shall be bound in his action by any opinion of any civil officer of the United States. SEC. 10. That section four of said last named act shall be construed to authorize the commanding general named therein, whenever he shall deem it needful, to remove any member of a board of regis- tration and to appoint another in his stead, and to fill any vacancy in such board. SEC. 11. That all the provisions of this act and of the acts to which this is supplementary, shall be construed liberally to the end that all the intents thereof may be fully and perfectly carried out. BECONSTKUCTION. 575 IV. THE RECEPTION OF THE INSUBRECTIONABY STATES IN ACCORDANCE WITH THESE ACTS. The State of Tennessee had been restored to the Union by the Thirty-ninth Congress. Arkansas was restored in June, 1868, and North Carolina, South Carolina, Alabama, Louisiana, Georgia and Florida, by the follow- ing act, which was passed June 25, 1868 : An Act to admit the States of North Carolina, Soutfi Carolina' Louisiana, Georgia, Alabama and Florida to representation in Con- gress. Whereas the people of North Carolina, South Carolina, Louisiana, Georgia, Alabama and Florida have, in pursuance of the provisions of an act entitled " An act for the more efficient govern- ment of the Rebel States," passed March 2, 1867, and the acts sup- plemental thereto, framed constitutions of a State government, which are Republican, and have adopted said constitutions by large majorities of the votes cast at the elections held for the ratification or repealing of the same. Therefore, be it enacted, that each of the States of North Caroli* na, South Carolina, Louisiana, Georgia, Alabama, and Florida shall be entitled and admitted to representation in Congress as a State of the Union, when the Legislature of such States shall have duly rati- fied the amendment to the Constitution of the United States, pro- posed by the XXXIX Congress, and known as Article 14, upon the following fundamental conditions : SEC. 1. That the constitution of neither of said States shall ever be so amended or changed as to deprive any citizen or class of citizens of the United States of the right to vote in said State who are entitled to vote by the constitution thereof herein recog- nized, except as a punishment of such crimes as are now felonies at common law, where they shall have been duly convicted under laws equally applicable to all the inhabitants of said State; provi- ded, that any alteration of said constitutions, prospective in its ef- fect, may be made with regard to the time and place of residence of voters ; and the State of Georgia shall only be entitled and admitted to representation upon this further fundamental condition : That the first and third sub-divisions of section 17 of the fifth arti- cle of the constitution of said State, except the proviso to the first sub-division, shall be null and void, and that the General Assembly of said State by solemn public act shall declare the assent of the State to the foregoing fundamental condition. SEC. 2. That if the day fixed for the first meeting of the Legis- lature of either of said States by the constitution or ordinance there- of shall have passed, or so nearly arrived, before the passage of this act that there shall not be time for the Legislature to assemble at tho period fixed, such Legislature shall convene at the end of 576 RECONSTRUCTION. twenty days from the time this act takes effect unless the Governor elect shall sooner convene the same. SEC. 3. That the first section of this act shall take effect as to each State, except Georgia, when such State shall, by its Legisla- ture, duly ratify Article 14 of the amendment to the Constitution of he United States, proposed by the Thirty-ninth" Congress ; and as to the State of Georgia, when ib shall, in addition, give the assent of said State to the fundamental condition hereinbefore imposed upon the same, thereupon the officers of each State duly elected and qualified under the constitution thereof shall be inaugurated with- out delay ; but no person prohibited from holding office under the United States, or under any State, by section 3 of the proposed amendment to the Constitution of the United States, known as Ar- ticle 14, shall be deemed eligible to any office in either of said States, unless relieved from disability as provided in, said amend- ment ; and it is hereby made the duty of the President, within ten days after receiving official information of the ratification of said amendment by the Legislature of either of said States, to issue a proclamation announcing that fact. The following bill, also passed by Congress, in July, 1868, was intended to obviate some difficulties in the organization of the legislatures of the reconstructed States, etc. : Be it enacted, &c., That the legislature of each of the States of Arkansas, North Carolina, South Carolina, Louisiana, Georgia and Alabama, elected under the constitution thereof framed and adopted in pursuance of the provisions of an act entitled, " An act for the more efficient government of the rebel States," passed March 2, 1867, and the acts supplementary thereto, be and is hereby author- ized to meet on such day as may have been fixed, either in ^ncli constitution or by proclamation of any officer authorized to convene such legislature by the convention which framed such constitution, and if no day shall have been fixed as aforesaid, or if the day so fixed for the meeting of the legislature of either of said States shall have passed or shall have so nearly arrived, before the passage of this act, that in the. opinion of the Governof elect that there might not be time for the legislature to assemble on the day so fixed, such legislature may be convened within thirty days after the passage of this act by the governor of said State. SEC. 2. And be it further enacted, That whenever either of said States shall be admitted to representation in Congress, the execu- tive and judicial officers of such State, duly elected and qualified under the constitution thereof, may be inaugurated without delay, and the government of such States shall thereupon be transferred to the civil authorities thereof. SEC. 3. And be it further enacted, That it shall be the duty of all civil and military officers exercising authority in either of said States, to afford all practicable aid and protection to the officers of RECONSTRUCTION. 577 State in carrying- out the provisions of this act ; and any such officer who shall willfully withhold such aid and protection, or shall willfully prevent, hinder or delay the meeting of either of said leg- islatures, or the inauguration of any of said State officers, or of any other civil or military officer under either of said State authori ties, shall be guilty of a felony, and upon conviction thereof before any Federal or State court of criminal jurisdiction, shall be pun- ished by imprisonment not exceeding ten years, or by a fine not exceeding ten thousand dollars, or both, at the discretion of the court. V. THE FOURTEENTH CONSTITUTIONAL AMENDMENT, To which reference is made in these acts, and which, having been duly ratified by more than three-fourths of the States, became a part of the Constitution of the United States, is as follows : ARTICLE XIV. SECTION 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States, and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privi- leges or immunities of citizens of the United States ; nor shall any State deprive any person of life, liberty or property, without duo process of law, nor deny to any person within its jurisdiction the equal protection of the 'laws. SEC. 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to rote at any election for the choice of Electors for President of the United States, Representatives in Congress, the executive and judicial officers of a State, or the members of the legislature thereof is denied to any of the male inhabitants of such State, being twenty-one years of age and citizens of the United States, or in any way abridged, except for participation in rebellion or other crime, the basis of representation therein shall bo reduced in proportion which the number of such male citizens shall bo as to the whole number of male citizens twenty-one years of ago in such State. SEC. 3. No person shall bo a Senator or Representative in Con- gress, or Elector of President and Vico-Presidont, or hold any office civil or military, under the United States, or undor any State, who, having previously taken an oath, as a merabsr of Congress, or as a member of any State Legislature, or as an Executive or Judicial offi- cer of any Stats to support the Constitution of tho United States, shall have engaged in insurrection or reballion against the same, or given aid and comfort to the enemies thereof. But Congress may, by a vote of two-thirds of each house, remove such disability. SEC. 4. The validity of the public dabt of the United States 578 EECONSTEUCTION. authorized by law, including debts incurred for payment of pen- sions and bounties for services in suppressing insurrection and re- bellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave ; bftt all such debts obligations or claims, shall be held illegal and void. SEC. 5. Congress shall have power to enforce, by appropriate legislation, the provisions of this article. ADDENDA. GENERAL BANKRUPT LAW, ESTABLISHING A UNIFORM SYSTEM OP BANKRUPTCY [Passed March 2d, 1867. As Amended July 27th, 1868.] WITH FORMS, EXPLANATIONS AND INSTRUCTIONS TO BANK- RUPTS AND CREDITORS DESIRING THE BEN- EFIT OF THE LAW. AN ACT TO ESTABLISH A UNIFORM SYSTEM OP BANKRUPTCY THROUGHOUT THE UNITED STATES. Be it enacted by the Senate and House of Representatives of tTiA United States of America in Congress assembled, That the several district courts of the United States be, and they hereby are, constituted courts of bankruptcy, and they shall have original jurisdiction, in their respective districts, in all matters and proceedings in bankruptcy, and they are hereby authorized to hear and adjudicate upon the same, according to the provisions of this act. The said courts shall be always open for the transaction of business under this act, and the powers and jurisdiction hereby granted and conferred, shall be exercised as well in vacation as in term-time, and a judge sitting at chambers shall have the same powers and jurisdiction, including the power of keeping order and of punishing any contempt of his authority, as when sitting in court. And the jurisdiction hereby conferred shall extend to all cases and controversies arising between the bankrupt and any cred- itor or creditors, who shall claim any debt or demand under the bankruptcy ; to the collection of all the assets of the bankrupt ; to the ascertainment and liquidation of the liens and other specific claims thereon ; to the adjustment of the various priorities and con- flicting interests of all parties ; and to the marshaling and dis- position of the different funds and assets, so as to secure the rights of all parties and due distribution of the assets among all the cred- itors ; and to all acts, matters and things to be done under and in virtue of the bankrupty, until the final distribution and settlement of the estate of the bankrupt, and the close of the proceedings in bankruptcy. The said Courts shall lu've full authority to compel obedier 'o to all orders and decrees passed by them in bankruptcy, by pro* iss of contempt and other remedial process, to the same extent \ lat the circuit omrts now have in any suit pending therein in equity. Said courts may sit for the transaction of business in bankruptcy at any place in the district, of which place, and *he timi 580 GENERAL BANKRUPT I AW. of holding court, they shall have given notice, as well as at the places designated by law for holding such courts. SEC. 2. And be it further enacted, That the several circuit courts of the United States, within and for the districts where the pro- ceedings in bankruptcy shall be pending, shall have a general super intendence and jurisdiction of all cases and questions arising under this act ; and, except when special provision is otherwise made, may, upon bill, petition, or other proper process, of any party aggrieved, hear and determine the case as a Court of Equity. The powers and jurisdiction hereby granted may be exercised either by said court or by any justice thereof in term-time or vaca- tion. Said circuit courts shall also have concurrent jurisdiction with the district courts of the same district of all suits at law or in equity, which may or shall be brought by the assignee in bank- ruptcy against any person claiming an adverse interest, or by such person against such assignee, touching any property or rights of property of said bankrupt, transferrable to or vested in such assignee j but no suit at law or in equity, shall in any case be maintainable by or against such assignee, or by or against any person claiming an adverse interest, touching the property and rights of property afore- said, in any court whatsoever, unless the same shall be 'brought within two years from the time the cause of action accrued, for 01 against such assignee ; provided, that nothing herein contained shall revive a right of action barred at the time such assignee is appointed. OF THE ADMINISTRATION OP THE LAW IN COURTS OP BANKRUPTCY. SEC. 3. And be it further enacted, That it shall be the duty of the Judges of the District Courts of the United States, within and for the several districts, to appoint in each Congressional district in said districts, upon the nomination and recommendation of the Chief Justice of the Supreme Court of the United States, one or more reg- isters in bankruptcy, to assist the Judge of the District Court in the performance of his duties under this act. No person shall be eligi- ble to such appointment unless he be a counsellor of said court, or of some one of the Courts of Record of the State in which he resides Before entering upon the duties of his office, every person so ap- pointed a register in bankruptcy shall give a bond to the United States, with condition that he will faithfully discharge the duties of his office, in a sum not less than $1,000, to be fixed by said court, with sureties satisfactory to said court, or to either of the said jus- tices thereof ; and he shall, in open court, take and subscribe tha oath prescribed in the act entitled " An act to prescribe an oath of office, and for other purposes," approved July 2, 1862, and also that he will not during his continuance in office.be, directly or io directly, interested in or benefited by the fees or emoluments arL'.agfrom any suit or matter pending in bankruptcy, ; n either the c strict or circuit court in his district. SEC. 4. And be it further enacted, that every register iii bank- ruptcy, so appointed and qualified, shall have power, and it shall be his duy, to make adjudication of bankruptcy, to receive the guriear GENERAL BANKRUPT LAW. 581 der of any bankrupt, to administer oaths in all proceedings befoie him, to hold and preside at meetings of creditors, to take proof of debts, to make all computations of dividends, and all orders of dis- tribution, and to furnish the assignee with a certified copy of such orders, and of the schedules of creditors and assets filed in each case, to audit and pass accounts of assignees, to grant protection, to pass the last examination of any bankrupt in cases whenever the assignee or a creditor do not oppose, and to sit in chambers and despatch there such part of the administrative business of the court and such uncontested matters as shall be defined in general rules and orders, or as the District Judge shall in any particular matter direct > andj he shall also make short memoranda of his proceedings in each case*" in which he shall act, in a docket to be kept by him for that pur- pose, and he shall forthwith, as the proceedings are taken, forward to the Clerk of the District Court a certified copy of said memoranda, which shall be entered by said clerk in the proper minute book to bo kept in his office, and any register of the court may act for any other register thereof : Provided, however, that nothing in this sec tion contained shall empower a register to commit for contempt, or to hear a disputed adjudication, or any question of the allowance or suspension of an order of discharge ; but in all matters where an issue of fact or of law is raised and contested by any party to the proceedings before him, it shall be his duty to cause the question or issue to be stated by the opposing parties in writing, and he shall adjourn the same into court for decision by the judge. No register shall be of counsel or attorney, either in or out of court, in any suit or matter pending in bankruptcy in either the Circuit or District Court of his district, or in an appeal therefrom ; nor shall he be ex- ecutor, administrator, guardian, commissioner, appraiser,, divider or assignee of or upon any estate within the jurisdiction of either of said courts of bankruptcy, nor be interested in the fees or emolu- ments arising from either of said trusts. The fees of said registers, as established by this act, and by the general rules and orders re- quired to be framed under it, shall be paid to them by the parties for whom the services may be rendered in the course of proceedings authorized by this act. SEC. 5. And be it further enacted, That the Judge of the District Court may direct a register to attend at any place within the dis- trict for the purpose of hearing such voluntary applications under this act as may not be opposed, of attending any meeting of credit- ors, or receiving any proofs of debts, and, generally, for the prose- cution of any bankruptcy or other proceedings under this act and the travelling and incidental expenses of such register, and of any clerk or other officer attending him, incurred in so acting, shall be settled by said court in accordance with the rules prescribed un- der the tenth section of this act, and paid out of the assets of the estate in respect of which such register has so acted ; or if there be no such assets, or if the assets shall be insufficient, then such ex- penses shall form a part of the costs in the case or cases in which the register shall have acted in such journey, to be apportioned by the judge, and such register so acting, shall have and exercise all powers, except the power of commitment, vested in the District Court fo 582 GENERA! BANKRUPT LAW. the summoning and examination of persons or witnesses, and for requiring the production of books, papers and documents. Provid- ed always, That all depositions of persons and witnesses taken before said register, and all acts done by him, shall be reduced to writing, and be signed by him, and shall be filed in the clerk's office as part of the proceedings. Such register shall be subject to removal by the Judge of the District Court, and all vacancies occurring by such removal, or by resignation, change of residence, death or disa- bility, shall be promptly filled by other fit persons, unless said court shall deem the continuance of the particular office unnecessary. SEC. 6. And be it further enacted, That any party shall, during the proceedings before a register, be at liberty to take the opinion of the District Judge upon any point or matter arising in the course of such proceedings, or upon the result of such proceedings, which shall be stated by the register in the shape of a short certificate to the judge, who shall sign the same if he approve thereof ; and such certificate, so signed, shall be binding on all the parties to the pro- ceeding ; but every such certificate may be discharged or varied by the judge at chambers or in open court. In any bankruptcy, or in rmy other proceedings within the jurisdiction of the court, under this act, the parties concerned, or submitting to such jurisdiction, may at any stage of the proceedings, by consent, state any question or questions in a special case for the opinion of the court, and the judgment of tke court shall be final, unless it be agreed and stated in such special case that either party may appeal, if, in such case, an appeal is allowed by this act. The parties may also, if they think fit, agree, that upon the question or questions raised by such special case being finally decided, a sum of money, fixed by the parties, or to be ascertained by the court, or in such manner as the court may direct, or any property, or the amount of any disputed debt or claim, shall be paid, delivered or transferred by one of such parties to the other of them either with or without costs. SEC. 7. And be it further enacted, That parties and witnesses summoned before a register shall be bound to attend in pursuance of such summons at the place and time designated therein, and shall be entitled to protection, and be liable to process of contempt in like manner as parties and witnesses are now liable thereto in case of default in attendance under any writ of subpoena, and all persons willfully and corruptly swearing or affirming falsely before a register shall be liable to all the penal ties, punishments and consequences of perjury. If any person examined before a register shall refuse or decline to answer, or to swear to or sign his examination when taken, the register shall refer the matter to the judge, who shall have power to order the person so acting to pay the costs thereby occa- sioned, if such person be compellable by law to answer such question or to sign such examination, and such person shall also be liable to be punished for contempt. OF APPEALS AND PRACTICE. SEC. 8 And be it further enacted, That appeals may be taken from the District to the Circuit Courts in all cases in equity, and writs of error may be allowed to said Circuit Courts from said Dis- GENERAL BANKRUPT LAW. 583 trict Courts in cases at law under the jurisdiction created by this act when the debt or damages claimed amount to more than $500, and any supposed creditor, whose claim is wholly or in part rejected, or an assignee who is dissatisfied with the allowance of a claim, may appeal from the decision of the District Court to the Circuit Court for the same district ; but no appeal shall be allowed in any case from the District to the Circuit Court unless it is claimed, and notice given thereof to the Clerk of the District Court, to be entered with the record of the proceedings, and also to the assignee or creditor, as the case may be, or to the defeated paorty in equity, within ten days after the entry of the decree or decision appealed from. The appeal shall be entered at the term of the Circuit Court which shall be first held within and for the district next after the expiration of ten days from the time of claiming the same. But if the appellant in writing waives his appeal before any decision thereon proceedings may be had in the District Court as if no appeal had been taken, and no appeal shall be allowed unless the appellant at the time of claiming the same shall give bond in manner now re- quired by law in cases of such appeals. No writ of error shall be allowed unless the party claiming it shall comply with the statutes regulating the granting of such writs. SEC. 9. And be it further enacted, That in cases arising under this act no appeal or writ of error shall be allowed in any case from the Circuit Courts to the Supreme Courts of the United States, un- less the matter in dispute in such case shall exceed $2,000. SEC. 10. And be it further enacted, That the Justices of the Su- preme Court of the United States, subject to the provisions of this act, shall frame general orders for the following purposes : For regulating the practice and procedure of the District Courts in bankruptcy, and the several forms of petitions, orders and other proceedings to be used in said courts in all matters under this act : For regulating the duties of the various officers of said courts ; For regulating the fees payable and the charges and costs to ^be allowed, except such as are established by this act or by law, with respect to all proceedings in bankruptcy before said courts, not ex- ceeding the rate of fees now allowed by law for similar services in other proceedings ; For regulating the practice and procedure upon appeals ; For regulating the filing, custody and inspection of records ; And generally for carrying the provisions of this act into effect. After such general orders shall have been so framed, they or any of them may be rescinded or varied, and other general orders may be framed in manner aforesaid ; and all such general orders so framed shall from time to time be reported to Congress, with such suggestions as said justices may think proper. VOLUNTARY BANKRUPTCY COMMENCEMENT OJT PROCEEDINGS. SEC. 11. And be it further enacted, that if any person residing within the jurisdiction of the United States, owing debts provible under this act exceeding the amount of $300, shall apply by petition addressed to the judge of the judicial district in which such debtor HUB resided or carried on business for the six months next Smm^ 584 GENERAL BANKRUPT LAW. diately preceding the time of filing such petition, or for the loi.gesi period during such six months, setting forth his place of residence, Iiis inability to pay all his debts in full, his willingness to surrender all his estate and effects for the benefit of his creditors and his de- sire to obtain the benefit of this act, and shall annex to his petition a schedule, verified by oath before the court, or before a register in bankruptcy, or before one of the commissioners of the Circuit Court of the Ignited States, containing a full and true statement of all hia debts, and, as far as possible, to whom due, with the place of resi dence of such creditor, if known to the debtor, and if not known the fact to be so stated, and the sum due to such creditor ; also the tiature of each debt or demand, whether founded on written security, obligation, contract or otherwise, and also the true cause and consi- deration of such indebtedness in each case, and the place where such indebtedness accrued, and a statement of any existing mortgage, pledge, lien, judgment, or collateral or other security given for the payment of the same ; and shall also annex to his petition an ac- curate inventory, verified in like manner, of all his estate, both real and personal, assignable under this act, describing the same, and stating where it is situated, and whether there are any, and if so, what incumbrances thereon, the filing of such petition shall be an act of bankruptcy, and such petitioner shall be adjudged a bankrupt. Provided, that all citizens of the United States petitioning to be declared bankrupt shall, on filing such petition, and before any pro- ceedings thereon, take and subscribe an oath of allegiance and fidel ity to the United States, which oath shall be filed and recorded with the proceedings in bankruptcy. And the judge of the District Court, or, if there be no opposing party, any register of said court, to be designated by the judge, shall forthwith, if he be satisfied, that the debts due from the petitioner exceed $300, issue a warrant, to be signed by such judge or register, directed to the marshal of . said district, authorizing him forthwith, as messenger/ to publish notices in such newspapers as the warrant specifies ; to serve written or printed notice, by mail or personally, on all creditors upon the schedule filed with the debtor's* petition, or whose names may bo given to him, in addition, by the debtor, and to give such personal or other notice to any persons concerned as the warrant specifies, which notice shall state : First That a warrant in bankruptcy has been issued against the estate of the debtor. Second That the payment of any debts and the delivery of any property belonging to such debtor to him or for his use, and the transfer of any property by him, are forbidden by law. Third That a meeting of the creditors of the debtor, giving the names, residences and amounts, so far as known, to prove their debts and choose one or more assignees of his estate, will be held at a Court of Bankruptcy, to be holden at a time and place designated in the warrant, not less than ten nor more than ninety days after the is- suing of the same. OF ASSIGNMENTS AND ASSIGNEES. S&c. IS. And be it further enacted. That at the meeting, held in GENEBAL BANKRUPT LAW. 585 pursuance or tlie notice, one of the registers of the coart shall pro- Bide, and the messenger shall make return of the warraut and of his doings thereon ; and if it appears that the notice to the cred- itors has not been given as required in the warrant, the meeting shall forthwith be adjourned, and a new notice given as required. If the debtor dies after the issuing of the warrant, the proceedings may be continued and concluded in like manner as if he had lived. SEC. 13. And be it further enacted, That the creditors shall, at the first meeting held after due notice from the messenger, in pres- ence of a register designated by the court, choose one or more assignees of the estate of the debtor ; the choice to be made by the greater part in value and in number of the creditors who have proved their debts. If no choice is made by the creditors at said meeting, the judge, or, if there be no opposing interest, the regis- ter, shall appoint one or more assignees. If an assignee, so chosen or appointed, fails within five days to express, in writing, his accept- ance of the trust, the judge or register may fill the vacancy. All elections or appointments of assignees shall be subject to the ap- proval of the judge ; and when in his judgment it is for any cause needful or expedient, he may appoint additional assignees, or order a new election. The judge at any time may, and upon the request in writing of any creditor who has proved his claim, shall require the assignee to give good and sufficient bond to the United States, with a condition for the faithful performance and discharge of hi? duties ; the bond shall be approved by the judge or register by his endorsement thereon, shall be filed with the record of the case, and inure to the benefit of all creditors proving their claims, and may be prosecuted in the name and for the benefit of the injured party. If the assignee fails to give the bond within such time as the judge orders, not exceeding ten days after notice to him of such order, the judge shall remove him and appoint another in his place. SEC. 14. And be it further enacted, That as soon as said assignee is appointed and qualified, the judge, or where there is no opposing interest, the register, shall, by an instrument under his hand, assign and convey to the assignee all the estate, real and personal, of the bankrupt, with all his deeds, books and papers relating thereto, and such assignment shall relate back to the commencement of said proceedings in bankruptcy, and thereupon, by operation of law, the title to all such property and estate, both real and personal, shall vest in said assignee, although the same is then attached on mesne process as the property of the debtor, and shall dissolve any such attachment made within four months next preceding the commence ment of said proceedings ; provided, however, that there shall be excepted from the operation of the provisions of this section the necessary household and kitchen furniture, and such other articles and necessaries of such bankrupt as the said assignee shall desig- nate and set apart, having reference in the amount to the familv, condition and circumstances of the bankrupt, but altogether not to exceed in value, in any case, the sum of $500 ; and also the wear- ing apparel of such bankrupt, and that of his wile and children, and the uniform, arms and equipments of any person who is or has been a soldier in the militia, or in the service of the United States ; 580 GENERAL BANKRUPT LAW. and such other property as now is, or hereafter shaL be, exempted from attachment, or seizure, or levy on execution by the laws of the United States, and such other property not included in the fore- going- exemptions as is exempted from levy and sale upon execution or other process or order of court, by the laws of the State in which the bankrupt has his domicile at the time of the commencement of the proceedings in bankruptcy, to an amount not exceeding that allowed by such State, exemption laws in force in the year 1864 ; provided, that the foregoing exception shall operate as a limitation upon the conveyance of the property of the bankrupt to his assign- ees ; and in no case shall the property hereby excepted pass to the assignees, or the title of the bankrupt thereto be impaired or affected by any of the provisions of this act ; and the determination of the assignees in the matter shall, on exception taken, be subject to the final decision of the said court. And provided further, that no mortgage of any vessel or of any other goods or chattels, made as security for any debt or debts, in good faith and for present consid- erations and otherwise valid, and duly recorded, pursuant to any statute of the United States, or of any State, shall be invalidated or affected hereby ; and all the property conveyed by the bankrupt in fraud of his creditors ; all rights in equity, choses in action, patents and patent rights and copyrights ; all debts due him, or any person for his use, and all liens and securities therefor ; and all his rights of action for property or estate, real or personal, and for any cause of action which the bankrupt had against any person arising from contract or from the unlawful taking or detention, or of injury to the property of the bankrupt, and all his rights of redeeming such property or estate, with the like right, title, power and authority to sell, manage, dispose of, sue for and recover or defend the same, as the bankrupt might or could have had if no assignment had been made, shall, in virtue of the adjudication of bankruptcy and the appointment of his assignee, be at once vested in such assignee ; and he may sue for and recover the said estate, debts and effects, and may prosecute and defend all suits at law or in equity, pending at the time of the adjudication of bankruptcy, in which such bank- rupt is a party in his own name, in the same manner and with the like effect as they might have been prosecuted or defended by such bankrupt ; and a copy, duly certified by the clerk of the court, tinder the seal thereof, of the assignment made by the judge or register, as the case may be, to him as assignee, shall be conclusive evidence of his title as such assignee to take, hold, sue for and re- cover the property of the bankrupt, as hereinbefore mentioned ; but no property held by the bankrupt in trust shall pass by such assign nient. No person shall be entitled to maintain an action against^an assignee in bankruptcy for anything done by him as such assignee without previously giving him twenty days' notice of such action, specifying the cause thereof, to the end that such assignee may have an opportunity of tendering amends, should he see fit to do so. No person shall be entitled, as against the assignee, to withhold frcm him posses- sion of any books of account of the bankrupt, or claim any lien there on ; and no suit in which the assignee is a party shall be abated by bis death or removal from office, but the same may be prosecuted GENERAL BANKRUPT LAW. 587 ana defended by his successor, or by the surviving or remaining as- signee, as the case may be. The assignee shall have authority, un- der the order and direction of the court, to redeem or discharge any mortgage or conditional contract, or pledge or deposit, or lien upon any property, real or personal, whenever payable, and to tender due performance of the condition thereof, or to sell the same subject to such mortgage, lien, or other incumbrances. The debtor shall also, at ' the request of the assignee and at the expense of the estate, make and execute any instruments, deeds and writings which may be proper to enable the assignee to possess himself fully of all the assets of the bankrupt. The assignee shall immediately give notice of his appointment, by publication at least once a week for three successive weeks in such newspapers as shall for that purpose bo designated by the court, due regard being had to their general cir- culation in the district or in that portion of the district in which the bankrupt and his creditors shall reside, and shall, within six months, cause the assignment to him to be recorded in every registry of deeds or other office within the United States where a conveyance of any lands owned by the bankrupt ought by law to be recorded ; and the record of such assignment, or a duly certified copy thereof, shall be evidence thereof in all courts. SEC. 15. And be it further enacted, That the assignee shall de- mand and receive from any and all persons holding the same all the estate assigned, or intended to be assigned, under the provisions of this act ; and he shall sell all such unencumbered estate, real and personal, which comes to his hands, on such terms as he thinks most for the interest of the creditors ; but upon petition of any per eon interested, and for cause shown, the court may make such order concerning the time, place and manner of sale as will, in its opinion, prove to the interest of the creditors ; and the assignee shall keep a regular account of all money received by him as assignee, to which every creditor shall, at reasonable times, have free resort. SEC. 16. And be it further enacted, That the assignee shall have the like remedy to recover all said estate, debts and effects in hi? own name, as the debtor might have had if the decree in bankruptcy had not been rendered and no assignment had been made. If, at the time of the commencement of proceedings in bankruptcy, aa action is pending in the name of -the debtor for the recovery of* debt- or other thing which might or ought to pass to the assignee by the assignment, the assignee shall, if he requires it, bo admitted to prosecute the action in his own name, in like manner and with like effect as if it had been originally commenced by him. No suit pending in the name of the assignee shall be abated by his death or removal ; but upon the motion of the surviving or remaining or new assignee, as the case may be, he shall be admitted to prosecute the suit in like manner and with like effect as if it had been originally commenced by him. In suits prosecuted by the assignee a certified copy of the assignment made to him by the judge or register shall be conclusive evidence of his authority to sue. SEC. 17. And be it further enacted, That the assignee shall, as soon as may be after receiving any money belonging to the estate, depoaU the same in some bank in his name as assignee, or otherwis* 588 GENERAL BANKRUPT LA.W. keep it distinct and apart from all other money in Ms possession , and shall, as far as practicable, keep all goods and effects belonging to the estate separate and apart from all other goods in his posses- sion, or designated by appropriate marks, so that they may be easily and clearly distinguished, and may not be exposed or liable to be taken as his property or for the payment of his debts. When it ap- pears that the distribution of the estate may oe delayed by liti- gation or other cause, the court may direct the temporary invest- ment of the money belonging to such estate in securities to be ap- proved by the judge or a register of said court, or may authorize the same to be deposited in any convenient bank upon such interest, not exceeding the legal rate, as the bank may contract with the assignee to pay thereon. He shall give written notice to all known creditors, by mail or otherwise, of all dividends, and such notice of meetings, after the first, as may be ordered by the court. He shall be allowed, and may retain out of the money in his hands, all the necessary disbursements made by him in the discharge of his duty, and a reasonable compensation for his services, in the discretion of the court. He may, under the direction of the court, submit any controversy arising in the settlement of demands against the estate or of debts due to it, to the determination of arbitrators, to be chosen by him and the other party to the controversy, and may, under such direction, compound and settle any such controversy, by agreement with the other party, as he thinks proper and most for the interest of the creditors. SEC. 18. And be it further enacted, That the court, after due no- tice and hearing, may remove an assignee for any cause which, in the judgment of the court, renders such removal necessary or expe- dient. At a meeting called by order of the court in its discretion for the purpose, or which shall be called upon the application of a majority of the creditors may, with consent of the court, remove any assignee by such a vote as is hereinbefore provided for the choice of assignee. An assignee may, with the consent of the judge, resign his trust and be discharged therefrom. Vacancies caused by death or otherwise in the office of assignee may be filled by appointment of the court, or at its discretion by an election by the creditors, in the manner hereinbefore provided, at a regular meeting, or at a meeting called for the purpose, with such notice thereof in writing to all known creditors, and by such person as the court shall direct. The resignation or removal of an assignee shall in no way release liim from performing all things requisite on his part for the proper - closing up of his trust and the transmission thereof to his succes- sors, nor shall it affect the liability of the principal or surety on the bond given by the assignee. When, by death or otherwise, the number of assignees is reduced, the estate of the debtor not lawfully disposed of shall vest in the remaining assignee or assignees, and the persons selected to fill vacancies, if any, with the same powers and duties relative thereto as if they were originally chosen. Any former assignee, his executors or administrators, upon request, and at the expense of the estate, shall make and execute to the new as- signee all deeds, conveyances and assurances, and do all other law ftd acts requisite to enable him to recover and receive all the estate. GENERAL .BANKRUPT LAW. 589 And the court may make all orders which it may deem expedient to secure the proper fulfillment of the duties of any former assignee, and the rights and interests of all persons interested in the estate. No person who has received any preference contrary to the provi- sions of this act shall vote for or be eligible as assignee ; but no title to property, real or personal, sold, transferred or conveyed by an as- signee, shall be affected or impaired by reason of his ^eligibility An assignee refusing or unreasonably neglecting to execute an in- strument when lawfully required by the court, or disobeying a law- ful order or decree of the court in the premises, may be punished as for a contempt of court. OF DEBTS AND PROOF OF CLAIMS. SEC. 19. And be it further enacted, That all debts due and payable f**om the bankrupt at the time of the adjudication of bankruptcy, and all debts then existing but not payable until a future day, a rebate of interest being made when no interest is payable by the terms of contract, may be proved against the estate of the bankrupt. All demands against the bankrupt for or on account of any goods or chattels wrongfully taken, converted or withheld by him may be proved and allowed, as debts to the amount of the value of the prop- erty so taken or withheld, with interest. If the bankrupt shall be bound as drawer, indorser, surety, bail or guarantor upon any bill, bond, note, or ac^ other specialty or contract, or for any debt of another person, and his liability shall not have become absolute until after the adjudication of bankruptcy, the creditor may prove the same after such liability shall have become fixed, and before the final dividend shall have been declared. In all cases of contingent debts and contingent liabilities contracted by the bankrupt and not herein otherwise provided for, the creditor may make claim therefor, and have his claim allowed, with the right to share in the dividends, if the contingency shall happen before the order for the final divi- dend ; or he may at any time apply to the court to have the present value of the debt or liability ascertained and liquidated, which shall then be done in such manner as the court shall order, and he shall be allowed to prove for the amount so ascertained. Any person liable as bail, surety, guarantor, or otherwise for the bankrupt, who shall have paid the debt, or any part thereof, in discharge of the whole, shall be entitled to prove such debt, or to stand in the place of the creditor if he shall have proved the same, although such payments shall have been made after the proceedings in bankruptcy were commenced. And any person so liable for the bankrupt, and who has not paid the whole of said debt, but is still liable for the same or any part thereof, may, if the creditor shall fail or omit to prove such debt, prove the same either in the name of the creditor or otherwise, as may be provided by the rules, and subject to such regulations and limitations as may be established by such rules. Where the bankrupt is liable to pay rent, or other debt falling due at fixed and stated periods, the creditor may prove for a propor- tionate part thereof up to the time of the bankruptcy, as if the same grew due from day to day, and not at such fixed and stated periods. & any bankrupt shall be liable for unliquidated damages arising oat 590 GENEBAl BANKRUPT LAW. of any contract or promise, or on account of any goods or chattel* wrongfully taken, converted or withheld, the court may cause such damages to be assessed in such mode as may be deemed best, and the sum so assessed may be proved against the estate. No debts other than those above specified shall be proved or allowed against the estate. fc>KC. 20. And be it further enacted, That, in all cases of mutual debts or mutual credits between the parties, the account between them shall be stated, and one debt set off against the other, and the balance only shall be allowed or paid, but no set-off shall be allowed of a ciaim in its nature not provable against the estate ; provided, that no set-off shall be allowed in favor of any debtor to the bank- rupt of a claim, purchased by or transferred to him after the filing of the petition. When a creditor has a mortgage or pledge of real or personal property of the bankrupt, or a lien thereon for securing the payment of a debt owing to him from the bankrupt, he shall be admitted as a creditor only for the balance of the debt after deduct- ing the value of such property, to be ascertained by agreement between him and the assignee, or by a sale thereof, to be made in such manner as the court shall direct ; or the creditor may release or convey his claim to the assignee upon such property, and be ad- mitted to prove his whole debt. If the value of the property exceeds the sum for which it is so held as security, the assignee may release to the creditor the bankrupt's right of redemption therein on receiving such excess ; or he may sell the property, subject to the claim of the creditor thereon ; and in either case the assignee and creditor, respectively, shall execute all deeds and writings necessary or proper to consummate the transaction. If the property is not so sold or released and delivered up, the creditor shall not be allowed to prove any part of his debt; SEC. 21. And be it further enacted, That no creditor proving his debt or claim shall be allowed to maintain any suit at law or in equity therefor against the bankrupt, but shall be deemed to have waived all right of action and suit against the bankrupt, and all proceedings already commenced, or unsatisfied judgments already obtained thereon, shall be deemed to be discharged and surrendered thereby ; and no creditor whose debt is provable under this act shall be allowed to prosecute to final judgment any suit at law or in equity therefor against the bankrupt, until the question of the debtor's discharge shall have been determined ; and any such suit or proceedings shall, upon the application of the bankrupt, be stayed to await the determination of the Court in Bankruptcy on the question of the discharge, provided there be no unreasonable delay on the part of the bankrupt in endeavoring to obtain his dis- charge, and provided, also, that if the amount due the creditor is in dispute, the suit, by leave of the Court in Bankruptcy, may proceed to judgment for the purpose of ascertaining the amount due, which amount may be proved in bankruptcy, but execution shall be stayed as aforesaid. If any bankrupt shall at the time of adjudication, be liable upon any bill of exchange, promissory note, or other obliga- tion in respect of distinct contracts as a member of two or more firms canying on separate and distinct trades, and having distinct GEBTER1.L BANKRUPT LAW. 591 estates to be wound tp in bankruptcy, or as a sole trader and also RS a member of :i firm, the circumstance that such firms are in whole or in part composed of the same individuals, or that the sole contractor is also one of the joint contractors, shall not prevent proof and receipt of dividend in respect of such distinct contracts against the estates respectively liable upon such contracts. SEC. 22. And be it further enacted. That all proofs of debts against the estate of the bankrupt, by or in behalf of creditors residing within the judicial district where the proceedings in bankruptcy ar* pending, shall be made before one of the registers of the court in said district, and by or in behalf of non-resident creditors before any register in bankruptcy in the judicial district wkere such creditors or either of them reside, or before any Commissioner of the Circuit Court authorized to administer oaths in any district. To entitle a claimant against the estate of a bankrupt to have his demand allowed, it must be verified by a deposition in writing on oath or solemn affirmation before the proper register or commissioner setting forth the demand, the consideration thereof, whether any and what securities are held therefor, and whether any and what payments have been made thereon ; that tlie sum claimed is justly due from the bankrupt to the claimant ; that the claimant has not, nor has any other person, for his use, received any security or satisfaction what- ever other than by him set forth ; that the claim was not procured for the purpose of influencing the proceedings under this act, and that no bargain or agreement, expressed or implied, has been made or entered into, by or on behalf of such creditor, to sell, transfer or dispose of the said claim, or any part thereof, against such bankrupt, or take or receive, directly or indirectly, any money, property or consideration whatever, whereby the vote of such creditor for as- signee, or any action on the part of such creditor or any other person in the proceedings under this act, is or shall be in any way affected, influenced or controlled, and no claim shall be allowed un- less all the statements set forth in such deposition shall appear to be true. Such oath or solemn affirmation shall be made by the claimant, testifying of his own knowledge, unless Le is absent from the United States or prevented by some other good cause from tes- tifying, in which cases the demand may be verified in like manner by the attorney or authorized agent of the complainant testifying to the best of his knowledge, information and belief, amd setting "orth his means of knowledge ; or if in a foreign country, the oath of the creditor may be taken before any minister, consul or vice consul of the United States ; and the Court may, if it shall see fit, require or receive further pertinent evidence, either for or against the admission of the claim. Corporations may verify their claims by the oath or solemn affirmation of their president, casliier oj treasurer. If the proof is satisfactory to the Register or Commis- sioner, ifc shall be signed by the deponent, and delivered or sent by mail to the assignee, who shall examine the same and compare i. with the books and accounts of the bankrupt, and shall register, ia a book to be kept by him for that purpose, the names of creditor! who have proved their claims, in the order in which such proof if received, stating the time of receipt of eucli proof, and tbe amounl 592 GENEKAL BAITCEUPT LAW. and nature of the debts, which books shall be open to the inspeo tion of all the creditors. The Court may, on the application of the assignee, or of any creditor, or of the bankrupt, or without any ap- plication, examine upon oath the bankrupt, or any person tendering or who has made proof of claims, and may summon any person capable of giving evidence concerning such proof, or concerning the debt sought to be proved, and shall reject all claims not duly proved, or where the proof shows the claim to be founded in fraud, illegality or mistake. SEC. 23. And be it further enacted, That when a claim is pre- sented for proof before the election of the assignee, and the Judge entertains doubts of its validity or of the right of the creditor to prove it, and is of opinion that such validity or right ought to be investigated by the assignee, he may postpone the proof of the claim until the assignee is chosen. Any person who, after the ap- proval of this act, shall have accepted any preference, having rea- sonable cause to believe that the same was made or given by the debtor, contrary to any provision of this act, shall not prove the debt or claim on account of which the preference was made or given, nor shall he receive any dividend therefrom until he shall first have surrendered to the assignee all property, money, benefit or advantage received by him under such preference. The Court shall allow all debts duly proved, and shall cause a list thereof to be made and certified by one of the registers ; and any creditor may act at all meetings by his duly constituted attorney the same as though personally present. SEC. 24. And be it further enacted, That a supposed creditor who takes an appeal to the Circuit Court from the decision of the Dis- trict Court rejecting his claim, in whole or in part, shall, upon en- tering his appeal in the Circuit Court, file in the clerk's office thereof a statement in writing of his claim, setting forth the same, substan- tially, as in a declaration for the same cause of action at law, and the assignee shall plead or answer thereto in like manner, and like proceedings shall thereupon be had in the pleadings, trial and de- termination of the cause, as in an action at law commenced and prosecuted, in the usual manner, in the courts of the United State* except that no execution shall be awarded against the assignee for the amount of a debt found due to the creditor. The final judgment of the court shall be conclusive, and the list of debts shall, if neces- sary, be altered to conform thereto. The party prevailing in the suit shall be entitled to costs against the adverse party, to be taxed and recovered as in suits at law ; if recovered against the assignee they shall be allowed out of the estate. A bill of exchange, promis- sory note, or other instrument, used in evidence upon the proof of a claim, and left in court, or deposited in the clerk's office, may be de- livered, by the register or clerk having the custody thereof, to the person who used it, upon his filing a eopy thereof, attested by the clerk of the court, who shall endorse upon it the name of the party against whose estate it has been proved and the da&> and amount of any dividsnd declared thereon. GENERAL BANE.RUTT LAW. 593 OF PJIOPERTY PERISHABLE AND IN DISPUTE. SEC. 25. And be it further enacted, That when it appears to the satisfaction of the court that the estate of the debtor, or any part thereof, is of a perishable nature, or liable to deteriorate in value, the court may order the same to be sold, in such manner as may bf deemed most expedient under the direction of the register or as Bignce, a? the case may be, who shall hold the funds received in place of the estate disposed of; and whenever it appears to the sat- isfaction of the court that the title to any portion of an estate, real or personal, which has come into the possession of the assignee, or which is claimed by him, is in dispute, the court may, upon the pe- tition of the assignee, and after such notice to the claimant, hi." agent or attorney, as the court shall deem reasonable, order it to l>e sold, under the direction of the assignee, who shall hold the funds received in place of the estate disposed of; and the proceeds of the sale shall be considered the measure of the value of the property in any suit or controversy between the parties in any courts. But this provision shall not prevent the recovery of the property from the possession of the assignee by any proper action commenced at any time before the court orders the sale. EXAMINATION OF BANKRUPTS. SEC. 26. And be it further enacted, That the court may, on the application of the assignee in bankruptcy, or of any creditor, or without any application, at all times require the bankrupt, upon reasonable notice, to attend and submit to an examination, on oath, upon all matters relating to the disposal or condition of his property, to his trade and dealings with others, and his accounts concerning the same, to all debts due to or claimed from -him, and to all other matters concerning his property and estate, and the due settlement thereof according to law, which examination shall be in writing, and shall be signed by the bankrupt and filed with the other pro- ceedings ; and the court may, in like manner, require the attendance of any other person as a witness, and if such person shall fail to at- tend on being summoned thereto, the court may compel his attend- ance by warrant directed to the Marshal, commanding him to arresi such person and bring him forthwith before the court, or before a register in bankruptcy, for examination as such witness. If the bankrupt is imprisoned, absent or disabled from attendance, the sourt may order him to be produced by the jailor, or any officer in whose custody he may be, or may direct the examination to be had, iaken and certified, at such time and place and in such manner as the court may deem proper, and with like effect as if such examina- tion had been had in court. The bankrupt shall at all times, until his discharge, be subject to the order of the court, and shall, at the expense of the estate, execute all proper writings and instruments, and do and perform all acts required by the court touching the as- signed property or estate, and to enable the assignee to demand, re- cover and receive all the property and estate assigned, where vex situated ; and for neglect or refusal to obey any order of the court, nock bankrupt may be committed an(? punished for a contempt of 594 GENERAL BANKRUPT LAW. court. If the bankrupt is without the district and unable to return and personally attend at any of the times or do any of the acts which may be specified or required pursuant to this section, and if it appears that such absence was not caused by willful default, and If, as soon as may be *fter the removal of such impediment, he offers to attend and submit to the order of the court in all respects, he shall be permitted to do so, with like effect as if he had not been in default. He shall also be at liberty from time to time, upon oath, to amend and correct his schedule of creditors and property, so that the same shall conform to the facts. For good cause shown, the wife of any bankrupt may be required to attend before the court, to the end, that she may be examined as a witness ; and if such wife do not attend at the time' and place specified in the order, the bankrupt shall not be entitled to a dis- charge unless he shall prove to the satisfaction of the court that he was unable to procure the attendance of his wife. No bankrupt shall be liable to arrest during the pendency of the proceedings in bankruptcy in any civil action, unless the same is founded on some debt or claim from which his discharge in bankruptcy would not ro lease Mm. OF THE DISTRIBUTION OP TXE BANKRUPT'S ESTATE. SEC. 27. And be it further enacted, That all creditors whose debta are duly proved and allowed shall be entitled to share in the bank rupt's property and estate pro rata, without any priority or prefer ence whatever, exept that wages due from him to any operative or clerk, or house servant, to an amount not exceeding $50, for labor performed within six months next preceding the adjudication of bankruptcy, shall be entitled to priority, and shall be first paid in full ; provided that any debt proved by any person liable as bail, surety, guarantor or otherwise, for the bankrupt shall not be paid to the person so proving the same until satisfactory evidence shall be produced of the payment of such debt by such person so liable, and the share to which such debt would be entitled may be paid into court or otherwise held for the benefit of the party entitled thereto, as the court may direct. At the expiration of three months from the date of the adj udication of bankruptcy in any case, or so much earlier as the court may direct, the court, upon request of the assignee, shall call a general meeting of the creditors, of which due notice shall be given, and the assignee shall then report, and exhi- bit to the court and to the creditors just and true accounts of all his receipts and payments, verified by his oath, and he shall also pro- duce and file vouchers for all payments for which vouchers shall bo required by any rule of the court ; he shall also submit the schedule of the bankrupt's creditors and property as amended, duly verified by the bankrupt, and a statement of the whole estate of the bank- rupt as then ascertained, of the property recovered and of the pro- perty outstanding, specifying the cause of its bsing outstanding ; also what debts or claims are yet undetermined, and stating what sum remains in his hands. At such meeting the majority in value cf the creditors present shall determine whether any and what part of th net proceeds of the estate, after deducting and retaining a gum "uffi GENERAL BANKRUPT LAW. 595 dent to provide for all undetermined claims, which "by reason of the distant residence of the creditor, or for other sufficient reason, havo not been proved, and for other expenses and contingencies, shall be divided among the creditors ; but unless at least one half in value of the creditors shall attend such meeting, either in person or by attorney, it shall be the duty of the assignee so to determine. In case a dividend is ordered, the register shall, within ten days after such meeting, prepare a list of creditors entitled to dividend, and shall calculate and set opposite to the name of each creditor who has proved his claim the dividend to which he is entitled out of the net proceeds of the estate set apart for dividend, and shall forward by mail to every creditor a statement of the dividend to which is en- titled, and such creditor shall be paid by the assignee in such man ner as the court may direct. SEO. 28. And be it further exacted, That the like proceedings shall be had at the expiration of the next three months, or earlier if practicable, and a third meeting of the creditors shall then bo called by the court and a final dividend then declared, unless any action at law or suit in equity be pending, or unless some other estate or effects of the debtor afterward come to the hands of the assignee, in which case the assignee shall, as soon as may be, convert such estate or effects into money, and within two months after the same shall be so converted the same shall be divided in manner aforesaid. Further dividends shall be made in like manner as often as occasion requires ; and after the third meeting of creditors no further meeting shall be called, unless ordered by the court. If at any time there shall be in the hands of the assignee any outstanding debts or other property due or belonging to the estate, which cannot be collected and received by the assignee without unreasonable or inconvenient delay or expense, the assignee may, under the direc- tion of the court, sell and assign such debts or other property in such manner as the court shall order. No dividend already declared shall be disturbed by reason of debts being subsequently proved, but the creditor proving such debt shall be entitled to a dividend equal to those already received by the other creditors before any further payment is made to the latter. Preparatory to the final dividend the assignee shall submit his account to the court and file the same, and give notice to the creditors of such filing, and shall also give notice that he will apply for a settlement of his account and for a discharge from all liability as assignee at a time to be specified in such notice, and at such time the court shall audit and pass the accounts of the assignee ; and such assignee shall, if required by the court, be examined as to the truth of such account, and if found cor- rect he shall thereby bo discharged from all liability as assignee to any creditor of the bankrupt. The court shall thereupon order a dividend of the estate and effects, or of such part thereof as it sees fit, among such of the creditors as have proved their claims, in pro- portion to the respective amount of their said debts. In addition to al 1 expenses necessarily incurred by him in the execution of his truit in any case, the assignee shall be eL titled to an allowance for his services in such case on all moneys received and paid out by him therein, for any sum not exceeding one thousand dollars, five per 596 GENERAL BANKRUPT LAW. centum tliereon ; for any larger sum, not exceeding five thousand dollars, two and a half per centum on the excess over one thousand dollars ; and for any larger sum, one per centum on the excess over five thousand dollars ; and if at any time there shall not be in his hands a sufficient amount of money to defray the necessary expen- ses required for the further execution of his trust, he shall not be obliged to proceed therein until the necessary funds are advanced or satisfactorily secured to him. If, by accident, mistake or other cause, without fault of the assignee, either or both of the said se- cond and third meetings should not be held within the times limi-- ted, the court may, upon motion of an interested party, order such meetings, with like effect as to the validity of the proceedings as if the meeting had besn duly held. In the order for a dividend under this section the following claims shall be entitled to priority or preference, and to be first paid in full in the following order : First The fees, costs and expenses of suits, and the several pro- ceedings in bankruptcy under this act, and for the custody of prop- erty, as herein provided. Second All debts due to the United States, and all taxes and assessments under the laws thereof. Third All debts due to the State in which the proceedings in bankruptcy are pending, and all taxes and assessments made under the laws of such State. Fourth Wages due to any operator, clerk or house-servant, to an amount not exceeding $50, labor performed within six months next preceding the first publication of the notice of proceedings in bank- ruptcy. Fifth All debts due .to any person who, by the laws of the United States are, or may be, entitled to a priority or preference, in like manner as if this act had not been passed ; always provided, that nothing contained in this act shall interfere with the assessment and collection of taxes by the authority of the United States or any State OF THE BANKRUPT'S DISCHARGE AND ITS EFFECT. SEC. 29. And be it further enacted, That at any time after the expiration of six months from the adjudication of bankruptcy, or if no debts have been proved against the bankrupt, or if no assets have come to the hands of the assignee, at any time after the ex- piration of sixty days and within one year from the adjudication of bankruptcy, the bankrupt may apply to the court for a discharge from his debts, and the court shall thereupon order notice to be given by mail to all creditors who have proved their debts, and by publication at least once a week in such newspapers as the court shall designate, due regard being had to the general circulation of the same in the district, or in that portion of the district in which the bankrupt and his creditors shall reside, to appear on a day appointed for that purpose, and show cause why a discharge should not be granted to the bankrupt. No discharge shall be granted, or, if granted, be valid if the bankrupt has willfully sworn falsely in his affidavit annexed to his pecition, schedule or inventory or upon any examination in the course of the proceedings in bankruptcy, ia GENERAL BANKRUPT LAW. 597 relation to any material facts concerning his estate or Iris debts, or to any other material fact, or if he has concealed any part of hia estate or effects, or any books or writings relating thereto, or if he has been guilty of any fraud or negligence in the care, custody or delivery to the assignee of the property belonging to him at the time of che presentation of his petition and inventory, excepting such property as he is permitted to retain under the provisions of this act, or if he has caused, permitted or suffered any loss, waste or destruction thereof; or if, within four months before the commence- ment of such proceedings, he has procured his lands, goods, money or chattels to be attached, sequestered or seized on execution ; or if, since the passage of this act, he has destroyed, mutilated, altered or falsified any of his books, documents, papers, writings or securi- ties or has made, or been privy to the making, of any false or fraud- ulent entry in any book of account or other document, with intent to defraud his creditors ; or has removed, or caused to be removed, any part of his property from the district, with intent to defraud his creditors ; or if he has given any fraudulent preference contrary to the provisions of this act, or made any fraudulent payment, gift transfer, conveyance or assignment of any part of his property, or has lost any part thereof in gaming, or has admitted a false or fic- titious debt against his estate ; or if, having knowledge that any person has proved such false or fictitious debt, he has not disclosed the same to his assignee within one month after such knowledge ; or if, being a merchant or tradesman, he has not, subsequently to the passage of this act, kept proper books of account ; or if he, or any person in his behalf, has procured the assent of any creditor to his discharge, or influenced the action of any creditor at any stage of the proceedings, by any pecuniary consideration or obligation ; or if he has, in contemplation of becoming bankrupt, made any pledge, payment, transfer, assignment or conveyance of any part of his property, directly or indirectly, absolutely or conditionally, for the purpose of preferring any creditor or person having a claim against him, or who is, or may be, under liability for him, or for the purpose of preventing the property from coming into the hands of the assignee, or of being distributed under this act in satisfaction of his debts ; or if he has been convicted of any misdemeanor under this act, or has been guilty of any fraud whatever contrary to the true intent of this act ; and before any discharge is granted, the bankrupt shall take and subscribe an oath to the effect that he has not done, suffered or been privy to any act, matter or thing specified in this act, as a ground for withholding such discharge, or as invali- dating such discharge, if granted. SEC. 30. And be it further enacted, That no person who shall have been discharged under this act, and shall afterward become bank- rupt, on his own application shall be again entitled to a discharge whose estate is insufficient to pay seventy per centum of the debts proved against it, unless the assent in writing of three-fourths in value of his creditors who have proved their claims, is filc'l at or be- fore the time of application for discharge ; but a bankrupt who shall prove to the satisfaction of the court that he has paid all the debta owing by him at the time of any previous bankruptcy, or who has been voluntarily released therefrom by his creditors, shall be entitled 598 GENERAL BANKRUPT LA.W. to a discharge in the same manner and with, the same effect as If lie had not previously been bankrupt. SEC. 81. And be it further enacted, That any creditor opposing the discharge of any bankrupt may file a specification in writing on the grounds of his opposition, and the court may, in its discretion, order any question of fact so presented to be tried at a stated ses- sion of the District Court. SEC. 32. And be it further enacted, That if it shall appear to tho court that the bankrupt has in all things conformed to his duty un- der this act, and that he is entitled, under the provisions thereof, to receive a discharge, the court shall grant him a discharge from all his debts except as hereinafter provided, and shall give him a cer tificate thereof under the seal of the court, in substance as follows : DISTIUCT COURT OF THE UNITED STATES DISTRICT OP . Whereas has been duly adjudged a bankrupt under the act of Oongress establishing a uniform system of bankruptcy throughout the United States, and appears to have conformed to all the require- ments of law in that behalf, it is therefore ordered by the court that said be forever discharged from all debts and claims which by said act are made provable against his estate, and which existed on the day of , on which day the petition for adjudication was filed by (or against) him ; excepting such debts, if any, as are by said act excepted from the operation of a discharge in bankruptcy. Given under my hand and the seal of the court, at , in the said district, this day of , A. D. . . , Judge. SBC. 33. And be it further enacted, That no debt created by the fraud or embezzlement of the bankrupt, or by his defalcation as a public officer, or while acting in any fiduciary character, shall be discharged under this act ; but the debt may be proved, and the dividend thereon shall be a payment on account of said debt ; and no discharge granted under this act shall release, discharge or affect any person liable for the same debt for or with the bankrupt, either as partner, joint contractor, endorser, surety or otherwise. [And in all proceedings in bankruptcy, commenced after the first day of January, 1889, no discharge shall be granted to a debtor whoso assets do not pay fifty per centum of the claims against his estate, upon which he shall be liable as the principal debtor, unless the assent in writing of a majority in number and value of his creditors, to whom he shall have been liable as principal debtor, and who shall have proved their claims, be filed in the case at or before tho time of the hearing of the application for discharge.] SEC. 34. And be it further enacted. That a discharge duly granted under this act shall, with the exceptions aforesaid, release the bank- rupt from all debts, claims, liabilities and demands which were or might have been proved against his estate in bankruptcy, and may be pleaded, by a simple averment that on the day of its date such discharge was granted to him, setting the same forth in hoc verba, as a full and complete bar to all suits brought on any such debts, claims, liabilities or demands, and the certificate shall be conclusive evidence in favor of such bankrupt of the fact and the regularity of such discharge ; always provided that any creditor or creditors of said bankrupt, whose debt was proved or provable against tho estate in GENERAL BANKRUPT LAW. 599 bankruptcy, who shall see fit to contest the validity of said discharge on the ground that it was fraudulently obtained, may, at any time within two years after the date thereof, apply to the court which granted it to set aside and annul the same. Sa'id application shall be in writing, shall specify which in particular of the several acts mentioned in section 29 it is intended to give evidence of against the bankrupt, setting forth the grounds of avoidance, and no evi- dence shall be admitted as to any other of the said acts ; but said application shall be subject to amendment at the discretion of the court. The court shall cause reasonable notice of said application to be given to said bankrupt, and order him to appear and answer the same within such time as to the court shall seem fit and proper. If, upon the hearing of said parties, the court shall find that the fraudulent acts or any of them set forth as aforesaid by said credit- or or creditors against the bankrupt are proved, and that said cred- itor or creditors had no knowledge of the same until after the grant- ing of said discharge, judgment shall be given in favor of said creditor or creditors, and the discharge of said bankrupt shall be set aside and annulled. But if said court shall find that said fraudu- lent acts and all of them set forth as aforesaid are not proved, or that they were known to said creditor or creditors before the grant- ing of said discharge, then judgment shall be rendered in favor of the bankrupt, and the validity of his discharge shall not be affected by said proceedings. PREFERENCES AJSTD FRAUDULENT CONVEYANCES DECLARED VOID. SEC. 35. And be it further enacted, That if any person, being insol vent, or in contemplation of insolvency, within four months from the filing of the petition by or against him, with a view to give a preference to any creditor or person having a claim against him, or who is under any liability for him, procures any part of his property to be attached, sequestered or seized on execution, or makes any payment, pledge, assignment, transfer or conveyance of any part of his property either directly or indirectly, absolutely or conditionally, the person receiving such payment, pledge, assignment, transfer or conveyance or to be benefited* thereby or by such attachment, having reasonable cause to believe such person is insolvent, and that such attachment, payment, pledge, assignment or conveyance is made in fraud of the provisions of this act, the same shall be void, and the assignee may recover the property, or the value of it, from the per- son so receiving it or so to be benefited ; and if any person, being insolvent, or in contemplation of insolvency or bankruptcy, within six months before the filing of the petition by or against him, makes any payment, sale, assignment, transfer, conveyance or other dispo- sition of any part of his property to any person who then has reas- onable cause to believe him to be insolvent, or to be acting In con- templation of insolvency, and that such payment, sale, assignment, transfer or other conveyance is made with a view to prevent his property from coming to his assignee in bankruptcy, or to prevent the same from being distributed under this act, or to defeat the ob- ject of, or in any way impair, hinder, impede or delay the operation and effect of, or to evade any of the provisions of this act, tnt sale, 600 GENERAL BANKRUPT LAW. assignment, transfer or conveyance shall be void, and the assignee may recover the property or the value thereof as the assets of the bankrupt. And if such sale, assignment, transfer or conveyance ig not made in the usual and ordinary course of business of the debtor, the fact shall be prima facie evidence of the fraud. Any contract, covenant or security made or given by a bankrupt or other person with, or in trust for any creditor for securing the payment of any money as a consideration for or with intent to induce the creditor to forbear opposing the application for discharge of the bankrupt, shall be void ; and if any creditor shall obtain any sum of money or other goods, chattels, or security from any person as an inducement for forbearing to oppose or consenting to such application for discharge, every creditor so offending shall forfeit all right to any share or di vidend in the estate of the bankrupt, and shall also forfeit double the value or amount of such money, goods, chattels or security so obtained, to be recovered by the assignee for the benefit of the es tate. BANKRUPTCY OF PARTNERSHIPS AND OF CORPORATIONS. SEC. 36. And be it further enacted, That where two or more persons who are partners in trade shall be adjudged bankrupt, either on the petition of such partners or any one of them, or on the petition of any creditor of the partners, a warrant shall issue in the manner provided by this act, upon which all the joint stock and property of the copartnership, and also all the separate estate of each of the partners shall be taken, excepting such parts thereof as are hereinbefore excepted ; and all the creditors of the company, and the separate creditors of each partner, shall be allowed to prove their respective debts ; and the assignee shall be chosen by the creditors of the company, and shall also keep separate accounts of the joint stock and property of the copartnership and of the separate estate of each member thereof; and after deducting out of the whole amount received by such assignee the whole of the expenses and disbursements, the net proceeds of the joint stock shall be appro- priated to pay the creditors of the copartnership, and the net proceeds of the separate estate of each partner shall be appropriated to pay his separate creditors ; and if there shall be any balance of the separate estate of any partner, after the payment of his separate debts, such balance shall be added to the j oint stock for the payment of the joint creditors ; and if there shall be any balance of the joint Btock after payment of the joint debts, such balance shall be divided and appropriated to and among the separate estates of the several partners, according to their respeciive right and interest therein, as it would have been if the partnership had been dissolved without any bankruptcy ; and the sum so appropriated to the separate estate of "each partner shall be applied to the payment of his separate debts ; and the certificate of his discharge shall be granted or re fused to each partner as the same would or ought to be if the pro ceedings had been against him alone under this act ; and in all other respects the proceedings against partners shall be conducted In the like manner as if they had been commenced and prosecuted against one person alone. If such copartners reside in different GENERAL BANKRUPT LAW. 601 districts, that court in which the petition is first filed shall retain exclusive jurisdiction over the case. SEC. 37. And be it further enacted, That the provisions of this act shall apply to all moneyed, business or commercial corporations and joint stock companies, and that upon the petition of any officer of any such corporation or company, duly authorized by a vote of a majority of tke corporators present at any legal meeting called foi the purpose, or upon the petition of any creditor or creditors of sucli corporation or company, made and presented in the manner here- tofore provided in respect to debtors, the like proceedings shall ba had and taken as are hereinafter provided in the case of debtors and all the provisions of this act which apply to the debtor, or set forth his duties in regard to furnishing schedules and inventories, executing papers, submitting to examinations, disclosing, making over, secreting, concealing, conveying, assigning, or paying away his money or property, shall in like manner, and with like force, effect and penalties, apply to each and every officer of such corpora- tion or company in relation to the same matters concerning .the corporation or company, and the money and property thereof. All payments, conveyances and assignments declared fraudulent and void by this act when made by a debtor, shall, in like manner, and to the like extent, and with like remedies, be fraudulent and void when made by a corporation or company. No allowance or dis- charge shall be granted to any corporation or joint stock company, or to any person or officer or member thereof; provided, that whenever any corporation, by proceedings under this act, shall bo declared bankrupt, all its property and assets shall be distributed to the 'creditors f such corporation in the manner provided in this act in respect to natural persons. OF DATES AND DEPOSITIONS. ' SEC. 38. And be it further enacted, That the filing of a petitior for adjudication in bankruptcy, either by a debtor in his own behaU or by any creditor against a debtor, upon which an order may be issued by the court, or by a register in the manner provided in sec- tion four, shall be deemed and taken to be the commencement of proceedings in bankruptcy under this act ; the proceedings in all cases of bankruptcy shall be deemed matters of record, but the same shall not be required to be recorded at large, but shall be carefully filed, kept and numbered in the office of the clerk of the court, and a docket only, or short memorandum thereof, kept in books to ba provided for that purpose, which shall be open to public inspection. Copies of such records, duly certified under the seal of the court, shall, in all cases, be prima facie evidence of the fact therein stated. Evidence or examinations in any of the proceedings under this act may be taken before the court o"r register in bankruptcy, viva voco ir in writing, before a Commissioner of the Circuit Court, or by affidavit or on commission, and the court may direct a reference to a register in bankruptcy, or other suitable person, to take and cer- tify such examination, and may compel the attendance of witnesses, the production of books and papers, and the giving of testimony Ln the same manner as in suite in equity in llv Civ-'* 602 GENERAL BANKRUPT LAW, INVOLUNTARY BANKRUPTCY. SEC. 39. And be it further enacted, That any person residing and owing debts as aforesaid, who, after the passage of this act, shall depart from the State, district or Territory, of which he is an inhabi- tant, with intent to defraud his creditors, or, being absent, shall, with such intent, remain absent ; or shall conceal himself to avoid the service of legal process in any action for the recovery of a debt or demand provable under this act ; or shall conceal or remove any of his property to avoid its being attached, taken or sequestered on legal process ; or shall make any assignment, gift, sale, conveyance or transfer of his estate, property, rights or credits, either within the United States or elsewhere, with intent to delay, defraud or hinder his creditors ; or who has been arrested and held in custody under or by virtue of mesne process of execution, issued out of any court of any State, district or Territory, within which such debtor resides or has property, founded upon a demand in its nature prov- able against a bankrupt's estate under this act, and for a sum ex- ceeding one hundred dollars, and such process is remaining in force and not discharged by payment, or in any other manner provided by the law of such State, district or Territory applicable thereto, for a period of seven days ; or has been actually imprisoned for more than seven days in a civil action, founded on contract, for the sum of one hundred dollars or upward ; or who, being bankrupt or insolvent, or in contemplation of bankruptcy or insolvency, shall make any payment, gift, grant, sale, conveyance or transfer of money, or other property, estate, rights or credits, or give any war rant to confess judgment, or procure or suffer his property to be taken on legal process, with intent to give a preference to one or more of his creditors, or to any person or persons who are or may be liable to him as endorsers, bail, sureties or otherwise, or with the intent, by such disposition of his property, to defeat or delay the operation of this act ; or who, being a banker, merchant or trader, has fraudulently stopped or suspended and not resumed payment of his commercial paper within a period of fourteen days, shall be deemed to have committed an act of bankruptcy, and, subject to the conditions hereinafter prescribed, shall be adjudged a bankrupt on the petition of one or more of his creditors ; the aggregate of whose debts provable under this act amount to at least two hundred and fifty dollars, provided such petition is brought within six months after the act of bankruptcy shall have been committed. And if euch person shall be adjudged a bankrupt, the assignee may recover back the money or other property so paid, conveyed, sold, assigned or transferred contrary to this act, provided the person receiving such payment or conveyance had reasonable cause to believe that a fraud on this act was intended, or that the debtor was insolvent ; and such creditor shall not be allowed to prove his debt in bank- ruptcy. SEC. 40. And be it further enacted, That upon the filing of the petition authorized by the next preceding section, if it shall ap pear that sufficient grounds exist therefor, the court shall direct the *nt~y of ivn ordor ronTiivirv<r the drbtor to aimear find show rnnso at GENERAL BANKKUPT LAW. 603 a Court of Bankruptcy to be liolden at a time to be specified in th order, not less than five days from the service thereof, why the prayer of the petition should not be granted ; and may also, by its injunctions, restrain the debtor and any other person, in the mean- time, from making any transfer or disposition of any part of the debtor's property not excepted by this act from the ope- ration thereof and from any interference therewith ; and if it shall appear that there is probable cause for believing that the debtor is about to leave the district, or to remove or conceal his goods and chattels or his evidence of property, or make any fraudu- lent conveyance or disposition thereof, the court may issue a war- rant to the marshal of the district, commanding him to arrest the alleged bankrupt and him safely keep, unless he shall give bail to the satisfaction of the court for his appearance from time to time, as required by the court, until the decision of the court upon the peti- tion, or the further order of the court, and forthwith to take possession provisionally of all the property and effects of the debtor, and safely keep the same until the further order of the court. A copy of the petition and of such order to show cause shall be served on such debtor by delivering the same to him personally, or leaving the same at his last or usual place of abode ; or if such debtor cannot be found, or his place of residence ascertained, service shall be made by publication, in such manner as the judge may direct. No further proceedings, unless the debtor appear and consent thereto, shall be had until proof shall have been given, to the satisfaction of the court, of such service or publication ; and if such proof be not given on the return day of such order, the proceedings shall be adjourned, and an order made that the notice be forthwith so served or pub- lished. SEC. 41. And be it further enacted, That on such return day or adjourned day, if the notice has been duly served or published, or shall be waived by the appearance and consent of the debtor, the court shall proceed summarily to hear the allegations of the peti- tioner and debtor, and may adjourn the proceedings from time to time, on good cause shown, and shall, if the debtor on the same day so demand in writing, order a trial by jury at the first term of the court at which a jury shall be in attendance, to ascertain the fact of such alleged bankruptcy ; and, if, upon such hearing of trial, the debtor proves to the satisfaction of the court or of the jury, as the case may be, that the facts set forth in the petition are not true, or that the debtor has paid and satisfied all liens upon his property, in case the existence of such liens were the sole ground of the pro- ceeding, the proceedings shall be dismissed and the respondent shall recover his costs. SEC. 42. And be it further enacted, that if the facts set forth in the petition are found to be true, or if default be made by the deb- tor to appear pursuant to the order, upon due proof of service thereof being made, the court shall adjudge the debtor to be a bankrupt, and, as such, subject to the provisions of this act, and shall forthwith issue a warrant to take possession of the estate of the debtor. The warrant shall be directed, and the property of the debtor shall be >:ikfMi t.liorfwn. ftr\r\ slifll be nsRicrncd and distributed in thn wmf 604 GENERAL BANKRUPT LAW. manner and with similar proceedings to those hereinbefore provided for the taking possession, assignment and distribution of the pro- perty of the debtor upon his own petition. The order of adjudica- tion of bankruptcy shall require tha bankrupt forthwith, or within such number of days, not exceeding five after the date of the order or notice thereof, as shall by the o^der be prescribed, to make and deliver or transmit by mail, postpaid, to the messenger, a schedule of the creditors and an inventory of his estate in the form and veri- fied in the manner required of a petitioning debtor by section eleven. If the debtor has failed to appear in person, or by attorney, a certified copy of the adjudication shall be forthwith served on him by delivery or publication in the manner hereinbefore provided for the service of the order to show cause ; and if the bankrupt is absent or cannot be, found, such schedule and inventory shall be prepared by the messenger and the assignee from the best information they can obtain. If the petitioning creditor shall not appear and proceed on the return day, or adjourned day, the court may, upon the peti- tion of any other creditor to the required amount, proceed to adjudi- cate on such petition, without requiring a new service or publication of notice to the debtor. OF SUPERSEDING THE BANKRUPT PROCEEDINGS BY ARRANGE- MENT. SEC. 43. And be it further enacted, That if at the first meeting of creditors, or at any meeting of creditors to be specially called for that purpose, and of which previous notice shall have been given for such length of time and in such manner as the court may direct, three-fourths in value of the creditors whose claims have been proved shall determine and resolve that it is for the interest of the general body of the creditors that the estate of the bankrupt should be wound up and settled, and distribution made among the creditors by trustees, under the inspection and direction of a committee of the creditors, it shall be lawful for the creditors to certify and report such resolution to the court, and to nominate one or more trustees to take and hold and distribute the estate, under the direction of such committee. If it shall appear to the court, after hearing the bankrupt and such creditors as may desire to be heard, that the res- olution was duly passed and that the interests of the creditors will be promoted thereby, it shall confirm the same ; and upon the exe- cution and filing by or on behalf of three-fourths in value of all the creditors whose claims have been proved of a consent that the estate of the bankrupt be wound up and settled by said trustees according to the terms of such resolution, the bankrupt or his assignee in bankruptcy, if appointed, as the case may be, shall, under the direc- tion of the court, and under oath, convey, transfer and deliver all the property and estate of the bankrupt to the said trustee or trus- tees, who shall, upon such conveyance and transfer, have and hold the same in the same manner, and with the same powers and rights, in all respects, as the bankrupt would have had or held the same if no proceeding in bankruptcy had been taken, or as the assignee in oankruptcy would have done had such resolution not been passed ^d such consent and the proceeding thereunder shall be as binding GENERAL BANKRUPT LAW 605 in all respects on any creditor whose debt is provable who has not signed the same as if he had signed it, and on any creditor whose debt, if provable, is not proved, as if he had proved it ; and the court- by order shall direct all acts and things needful to be done to carry into effect such resolution of the creditors, and the said trustees shall proceed to wind up and settle the estate under the direction and in- spection of such committee of the creditors, for the equal benefit of all such creditors ; and the winding up and settlement of any estate under the provisions of this section shall be deemed to be proceed- ings in bankruptcy under this act ; and the said trustees shall have the rights and powers of assignees in bankruptcy. The court, on the application of such trustees, shall have power to summon and examine, on oath, or otherwise, the bankrupt and any creditor, and any person indebted to the estate or known or suspected of having any of the estate in his possession, or any other person whose exami- nation may be material or necessary to aid the trustees in the exe- cution of their trust, and to compel the attendance of such persons and the production of books and papers in the same manner as in other proceedings in bankruptcy under this act ; and the bankrupt shall have the right to apply for and obtain a discharge after the passage of such resolution and the appointment of such trustees as if such resolu- tion had not been passed, and as if all the proceedings had continued in the manner provided in the preceding sections of this act. If the resolution shall not be duly reported, or the consent of the creditors shall not be duly filed, or if, upon its filing, the court shall not think fit to approve thereof, the bankruptcy shall proceed as though no resolution had been passed, and the court may make all necessary orders for resuming the proceedings. And the period of time which shall have elapsed between the date of the resolution and the date of the order for assuming proceedings shall not be reckoned in cal- culating periods of time prescribed by this act. PENALTIES AGAINST BANKRUPTS. SEC. 44. And be it further enacted, That from and after the passage of this act, if any debtor or bankrupt shall, after the com- mencement of proceedings in bankruptcy, secrete or conceal any property belonging to his estate, or part with, conceal or destroy, alter, mutilate or falsify, or cause to be concealed, destroyed, altered, mutilated or falsified any book, deed, document or writing relating thereto, or remove or cause to be removed the same or any part thereof out of th6 district, or otherwise dispose of any part thereof with intent to prevent it from coming into the possession of the assignee in bankruptcy, or to hinder, impede or delay either of them in recovering or receiving the same, or make any payment, gift, sale, assignment, transfer or conveyance of any property belonging to his estate with the like intent, or shall spend any part thereof in gaming, or shall, with intent to defraud, willfully and fraudulently conceal from his assignee or omit from his schedule any property or effects whatsoever ; or if, in case of any person having, to his knowledge or belief, proved a false or fictitious debt against his estate, he shall fail to disclose the same to his assignee within ouo month after coming to the knowledge or belief thereof ; or shall afc 606 GENERAL BANKRUPT LAW. tempt to account for any of his property by fictitious losses or expenses ; or sliall, within three months before the co Aimencement of proceedings in bankruptcy, under the false color and pretense of carrying on business and dealing in the ordinary course of trade, obtain on credit from any person any goods or chattels with intent to defraud ; or shall, with intent to defraud his creditors, within three months next before the commencement of proceedings in bankruptcy, pawn, pledge or dispose of otherwise than by bona fide transactions in the ordinary way of his trade, any of his goods or chattels, which have been obtained on credit and remain unpaid for, he shall be deemed guilty of a misdemeanor, and, upon conviction thereof by any court of the United States, shall be punished by im- prisonment, with or without hard labor, for a term not exceeding three years. PENALTIES AGAINST OFFICERS. SEC. 45. And be it further enacted, That if any judge, icgister, clerk, marshal, messenger, assignee or any other officer of the several courts of bankruptcy shall, for anything done or pretended to be done under this act, or under color of doing anything there- under, willfully demand or take, or appoint or allow any person whatever to take for him or on his account, or for or on account of any other person, or in trust for him or for any other person, any fee, emolument, gratuity, sum of money or anything of value what- ever, other than is allowed by this act, or which shall be allowed under the authority thereof, such person, when convicted thereof, shall forfeit and pay the sum of not less than $300, and not exceed- ing $500, and be imprisoned not exceeding three years. SEC. 46. And be it further enacted, That if any person shall forge the signature of a judge, register or other officer of the court, or shall forge or counterfeit the seal of the courts, or knowingly concur in using any such forged or counterfeit signature or seal, for the purpose of authenticating any proceeding or document, or shall tender in evidence any such proceeding or document with a false or counterfeit signature of any such judge, register or other officer, or a false or counterfeit seal of the court, subscribed or attached thereto, knowing such signature or seal to be false or counterfeit, any such person shall be guilty of felony, and upon conviction thereof, shall be liable to a fine of not less than $500, and not more than $5,000 and to be imprisoned not exceeding five years, at the discretion of the court. FEES AND COSTS. SEC. 47. And be it further enacted, That in eacli case there shall be allowed and paid, in addition to the fees of the clerk of the court, as now established by law, or as may be established by general order, under the provisions of this act, for fees in bankruptcy, the following fees, which shall be applied to the payment for the ser- vices of the registers. For issuing every warrant, $2. For each day in which a meeting is held, $3. For each order for a dividend, $3. GENEBAL BANKKTJPT LAW. 607 For every order substituting an arrangement by trust deed for bankruptcy, $2. For every bond with sureties, $2. For every application for any meeting in any matter under this act* $1. For every day's service while actually employed under a special order of the court, a suui not exceeding $5, to be allowed by the court. For taking depositions, the fees now allowed by law. For every discharge, when there is no opposition, $2. Such fees shall have priority of payment over all other claims out of the estate, and before a warrant issues the petitioner shall deposit with the clerk $50 as security for the payment thereof; and if there are not sufficient assets for the payment of the fees, the person upon whose petition the warrant is issued shall pay the same, and the court may issue an execution against him to compel pay- ment to the register. Before any dividend is ordered, the assignee shall pay out of the estate to the messenger the following fees, and no more : First For service of warrant, $2. Second For all necessary travel, at the rate of five cents a mile each way. Third For each written note to creditor named in the schedule, ten cents. Fourth For custody of property, publication of notices and other services, his actual and necessary expenses upon returning the same in specific items, and making oath that they have been actually incurred and paid by him, and are just and reasonable, the same to be taxed or adjusted by the court, and th? oath of the messenger shall not be conclusive as to the necessity of said expenses. For cause shown, and upon hearing thereon, such further allow- ance may be made as the court, in its discretion, may determine. The enumeration of the foregoing fees shall not prevent the judges, who shall frame general rules and orders in accordance with the provisions of section ten, from prescribing a tariff of fpes for all other services of the officers of courts of bankruptcy, or from re- ducing the fees prescribed in this section in classes of cases to be named in their rules and orders. OP MEANING OF TERMS AND COMPUTATION OF TIME. SEC. 48. And be it further enacted, That the word " assignee " and the word " creditor," shall include the plural also, and the word " messenger " shall include his assistant or assistants, except in the provision for the fees of that officer ; the word " marshal " shall include the marshal's deputies ; the word " person " shall also in- clude " corporation," and the word " oath " shall include " affirma- tion." And in all cases in which any particular number of days is prescribed by the act, or shall be mentioned in any rule or order of court, or general order which shall at any time be made under this act for the doing of any actor for any other purpose, the same ahull be reckoned, in the absence of any expression to the contrary, ex- 608 VOLT7NTAKT BA^TKRUPTCY. elusive of the first and inclusive of the last day, unless the last day shall fall on a Sunday, Christmas Day, or on any day appointed by the President of the United States as a day of public fast or thanks- giving, or on the Fourth of July, in which case the time shall be reckoned exclusive of that day also. SEC. 49. And be it further enacted, That all the jurisdiction, power and authority conferred upon and vested in the District Court of the United States by this act in cases in bankruptcy, aro hereby conferred upon and vested in the Supreme Court of the Dis- trict of Columbia and in and upon the Supreme Courts of the sev- eral Territories of the United States, when the bankrupt resides in the said District of Columbia, or in either of the said Territories. And in those judicial districts which are not within any organized circuit of the United States the power and jurisdiction of a Circuit Court in bankruptcy may be 'exercised by the district judge. SEC. 50. And be it further enacted, That this act shall commence? and take effect as to the appointment of the officers created hereby, and the promulgation of rules and general orders, from and after the date of its approval. Provided that no petition or other pro- ceeding uuder this act shall be filed, received, or commenced before the first day of June, Anno Domini eighteen hundred and sixty seven. POWER OF REGISTERS. In accordance with Amendment of the Act, approved July 27th, 1868. And be it further enacted, That registers in bankruptcy shall have power to administer oaths in all cases and in relation to all matters in which oaths may be administered by commissioners of the circuit courts of the United States, and such commissioners may take proof of debts in bankruptcy in all cases, subject to the revision of such proofs by the register and by the court according to the provisions of said act. BANKRUPTCY. Explanations and Instructions to Bankrupts and Creditors. RULES, ORDERS AND FORMS OF PROCEEDINGS UNDER THE GEN ERAL BANKRUPT LAW, There are two kinds of bankruptcy, voluntary and involuntary. In either case the bankrupt must reside within the jurisdiction of the United States, and owe debts provable under the bankrupt act (see section 19), exceeding the amount of three hundred dol- lars. Proceedings in bankruptcy may be conducted either by the bankrupt in person in his own behalf, or by a petitioning or opposing creditor ; but a creditor will only be allowed to manage before a Court his individual interest. Either party may appear and conduct the proceedings by attorney, who shall be an attor- VOLUNTARY BANKRUPTCY. 609 ney or counsellor authorized to practice in the Circuit or District Court. (See forms 14 and 26.) Voluntary Bankruptcy. Who may Petition. The insolvent shall be adjudged a bank- rupt on his own petition, to be addressed to the judge of the judicial district in which he has resided or carried on business for the six months next immediately preceding the time of filing such petition, or for the longest period during such six months. Form of Petition. The form of the petition and of the sched- ule and the inventory to be annexed thereto, as prescribed by the eleventh section of the Aet and in the General Orders and Rules of the Supreme Court, will be found (infra) under numbers 1, 2 and 3. In Cases of Copartnership. In case one or more members of a copartnership refuse to join in a petition to have the firm de- clared bankrupt, the parties refusing shall be entitled to resist the prayer of the petition in the same manner as if the petition had been filed by a creditor of the partnership ; and in case an adjudication of bankruptcy is made upon the petition, such co- partner shall be required to furnish to the marshal a schedule of his debts and an inventory of his property in the same manner as required by the Act in cases of debtors against whom adjudi- cation of bankruptcy shall be made. (See Involuntary Bank- ruptcy.) Commencement of Proceedings. The petition thus filed is to be an act of bankruptcy, and the date of the filing of such petition is to be deemed the commencement of the proceedings in bank- 'ruptcy. Upon the filing of a petition in case of voluntary bank- ruptcy, and as soon as any adjudication of bankruptcy is made upon a petition filed in case of involuntary bankruptcy, the pe- tition shall be referred to one of the registers in such manner as the Court shall direct ; and the petitioner shall furnish the regis- ter with a copy of the papers in the case, and thereafter all the proceedings required by the Act shall be. had before him, except such as are excepted by law or by special order of the judge. The order designating the register to act upon any petition shall name a day upon which the bankrupt shall attend before th 610 VOLUNTARY BANKRUPTCY. register, from which date he shall be subject to the orders of the Court in all matters relating to his bankruptcy, and may receive from the register a protection against arrest, to continue until the final adjudication on his application for a discharge, unless sus- pended or vacated by order of the Court. Imprisoned Debtor. If at the time of preferring his petition, the debtor shall be imprisoned, the Court, upon his application, may order him to be produced upon habeas corpus by the jailor or any officer in whose custody he may be, before the regis- ter, for the purpose of testifying in any matter relating to hia bankruptcy, and if committed after the filing of his petition upon process in any civil action founded upon a claim provable in bankruptcy, the Court may, upon like application, discharge him from such imprisonment. If the petitioner, during the pendency of the proceedings in bankruptcy, be arrested or imprisoned upon process in any civil action, the District Court, upon his applica- tion, may issue a writ of habeas corpus to bring him before the Court to ascertain whether such process has been issued for the collection of any claim provable in bankruptcy, and if so prova- ble, he shall be discharged, if not, he shall be remanded to the custody in which he may lawfully be. Before granting the order for discharge, the Court shall cause notice to be served upon the creditor, so as to give him an opportunity of appearing and be ing heard before the granting of the order. Duties of Register. For the general duties and powers of regis- ters in bankruptcy, see sections 3, 4, 5, 6 and 7 of the Act. Every register, in performing the duties required of him, under the Act, and by the above mentioned General Orders, or by orders of the District Court, shall use all reasonable dispatch, and shall not adjourn the business but for good cause shown. Six hours' ses- sion shall constitute a day's sitting if the business requires ; and when there is time to complete the proceedings in progress within the day, the party obtaining any adjournment or postponement thereof, may be charged, if the Court think proper, with all the costs incurred in consequence of the delay. It shall be the duty of the register to examine the bankrupt's petition and schedules filed therewith, and to certify whether the same are correct in VOLUNTARY BANKRUPTCY. 611 form. If so, the register is to issue a warrant, as prescribed by Section 11 of the Act and directed to the Marshal of the district. Duties of Marshal. It shall be the duty of the Marshal as messenger to take possession of the property of the bankrupt, and to prepare, within three days from the time of taking such possession, a complete inventory of all the property. He shall also, in case the bankrupt is absent, or cannot be found, prepare a schedule of the names and residences of his creditors, and the amount due to each, from the books or other papers of the bank rupt, and from any other sources of information. Duties of Assignees. It shall be the duty of the register, imme- diately upon the appointment of an assignee, as prescribed in sections 12 and 13 of the Act, (should he not be present at such meeting,) to notify him by personal or mail service of his appoint- ment. The assignee shall, immediately on entering upon his duties, prepare a complete inventory of all the property of the bankrupt that comes into his possession ; and all sales of the same shall be by public auction, unless otherwise ordered by the Court. Every assignee shall keep full, exact and regular books of account of all receipts, payments, and expenditures of money by him, and shall make report to the Court within twenty days after receiving the deed of assignment, of the articles set off to the bankrupt by him, according to the provisions of the four- teenth section of the Act, with the estimated value of each article, and any creditor may take exceptions to the determination of the assignee within twenty days after the filing of the report. The assignee immediately gives notice of the appointment, at least once a week, for three successive weeks, in newspapers to be designated by the Court, and within six months causes the as- signment to be recorded, in every place where a conveyance of the bankrupt's land should be recorded. He then proceeds to collect the estate of the bankrupt and to convert the same into money, keeping any money belonging to the estate in the man- ner laid down in section 17. Meetings of Creditors. The first meeting of the creditors is to be held in pursuance of the notice in the warrant and for the purposes mentioned in sections 12 and 13 of the Act; the second 612 VOLUN1ABT BANKRUPTCY. and third meetings of the creditors are to be held at such times and for the purposes mentioned in sections 27 and 28 of the Act to regulate the distribution of the bankrupt's estate. The assignee is to make further dividends, as prescribed by said sections, and as often as occasion may require ; but after the third meeting of creditors no further meeting is to be called, unless ordered by the Court. The Court may also direct that the second and third meetings of creditors of a bankrupt applying for his discharge, within three months from the date of his being adjudged a bank- rupt, under the provisions of the 29th section of the Act, shall be had on the day which may be fixed in the order of notice for the creditors to appear and show cause why a discharge should not be granted such bankrupt. Proof of Debts. For full information as to the mode of prov- ing debts and claims in proceedings in bankruptcy, see sections 19 to 21 of the Act, and Forms 21 and 22. The Bankrupt's Discharge. The most important provision of the Act in favor of a bankrupt is the right accorded him by sec- tions 29 to 34 of the Act to apply to the Court for a discharge from his debts. The effect of the order of discharge is to exempt the bankrupt from the payment of all debts which might have been proved under his bankruptcy. Section 29 of the Act states the time when the petition of a debtor to be discharged from his debts is to be made and prescribes the requirements of such peti- tion, (see Form 51.) Section 30 gives information how to obtain a discharge under a second bankruptcy. Section 33 states the debts and claims not to be discharged under the Act. Upon the application of the bankrupt for his discharge, the Court will order notice to be given by mail to all creditors who have proved their debts, and by publication in certain newspapers, to be des- ignated by the Court, to appear on the day appointed for that purpose, and show cause why the discharge should not be granted to the bankrupt. A creditor opposing the said application shall enter his appearance thereto on the day when the creditors are required to show cause, and shall file his specification of the grounds of his opposition, in writing, within ten days thereafter, unless the time shall be extended by order of the Court, and tho INVOLUNTARY BANKRUPTCY. 613 Court shall thereupon make an order of the entry of said case for trial on the docket of the Court, and the time within which the same shall be heard and decided. The validity o.f a discharge when granted may be contested by any creditor whose debt haa been proved against the bankrupt's estate, or is provable at any time within two years after the date of the order of discharge. (Bee sections 31 and 34 of the Act and Form 53.) Involuntary Bankruptcy. A debtor may be compulsory made a bankrupt by the commis- sion of any one of those acts which section 39 of the Act denom- inates Acts of Bankruptcy. On the petition of one or more of his creditors, the aggregate of whose debts provable under the Act amount to at least 250 dollars, provided such petition is brought within six months after the alleged act of bankruptcy shall have been committed, and the facts set forth in the petition are found to be true, or default be made by the debtor to appear pursuant to the order of the Court requiring the debtor to appear and show cause why the prayer of the petition should not be granted. (See sections 40, 41 and 42 and Form 54.) Whenever two or more petitions shall be filed by creditors against a com- mon debtor, alleging separate acts of bankruptcy, committed by said debtor on different days within six mouths prior to the filing of said petitions, and the debtor shall appear and show c&use against an adjudication of bankruptcy against him on the peti- tions, that petition shall be first heard and tried, which alleges the commission of the earliest act of bankruptcy ; and in case the several acts of bankruptcy are alleged in the different peti- tions to have been committed on the same day, the Court before which the same are pending, may order them to be consolidated ; and if an adjudication of bankruptcy be made upon either peti- tion, or for the commission of a single act of bankruptcy, it shall not be necessary to proceed to a hearing upon the remaining peti- tions, unless proceedings be taken by the debtor for the purpose of causing such adjudication to be annulled or vacated. In case two or more petitions shall be filed against the same individual in different districts, the first hearing shall be had in the district in which the debtor resides; and in case of two or more peti- 614 IX VOLUNTARY BANKRUPTCY. lions against the same firm in different courts, the petition first filed shall be first heard. For Fees and Costs prescribed ly the Act, see secti ons 3, 4, 10 and 47. In addition, the General Orders prescribe as follows : To the Clerk of the Court : For each notice required to be sent by mail, when signed by the Clerk, ten cents ; the postage to be prepaid by the party required to give such notice. To the Clerlt and Register : For every copy of any paper in proceedings in Bankruptcy, twenty-five cents for certifying the same, and in addition thereto, ten cents for each folio of 100 words. To the Register: For every order made where notice is re- quired to be given, and for certifying copy of the same to the Clerk, one dollar. For every certificate of question to be certified to the District Judge, under the 4th and 6th Sections of the Act, one dollar. For every proof of debt, twenty-five cents ; and where testi- mony is taken, the fees prescribed by law may be added. In cases where the debtor has no means, and makes proof to the satisfaction of the Court, that he is unable to pay the costs prescribed by the Act, and these Orders, the Judge in his discre- tion may direct that the fees and costs therein shall not exceed the sum required by the Act to be deposited with the Clerk. In cases of Involuntary Bankruptcy, where the debtor resists an adjudication, and the Court after hearing, shall adjudge the debtor a bankrupt, the petitioning creditor shall recover, to be paid out of the fund, the same costs that are allowed by law to a party recovering in a suit in Equity ; and in case the petition shall be dismissed, the debtor may recover like costs from the petitioner, Forms of Proceedings in Bankruptcy. Form No. 1. PETITION BY DEBTOR. To tte Ho irable , Judge of the District Court of the United State*. fort ) District of : THE PE./TIOK of , of the of , in the County of , and State of , and District aforesaid, Respectfully Represents : That he has for months next immediately preceding the filing of this petition, at , within said Judicial District; that he owes debts exceeding the amount of three hundred dollars, and is unable to pay all of the same in full ; that he is willing to surrender all his estate and effects for the benefit of his Creditors, and desires to obtain the benefit of the Act entitled " An Act to Establish a Uni- form System of Bankruptcy throughout the United States," approved March ?, That the Schedule hereto annexed, marked A, and verified by Your Petitioner's oath, contains a full and true statement of all his debts, and (so far as it is pos- sible to ascertain) the names and places of residence of his creditors, and such further statements concerning said debts as are required by the provisions of said Act : That the Schedule here to annexed, marked B, and verified by Tour Petitioner's oath, contains an accurate inventory of all his estate, both real and personal, assignable under the provisions of said Act : WHEREFORE, TOUR PETITIONER PRATS, that he may be adjudged by the Court to be a Bankrupt, within the purview of said Act ; and that he may be Decreed to have a Certificate of Discharge from all his Debts provable under the same. -, Solicitor, [or, Attorney,] etc. Oath to foregoing Petition. [N. B. If Petioner is not a citizen, the last clause of this oath should be omitted.] UNITED STATES OF AMERICA. District of , ss : I , the Petitioning Debtor mentioned and described in the foregoing Petition, do hereby make solemn oath [or, affirmation] that the statements con- tained therein are true according to the best o." my knowledge, information and belief; and I do further make oath [or, affirmation] that I am a citizen of tha United States of America, and that I will bear true faith and allegiance to tho eame. , Petitioner. Subscribed and sworn [or, affirmed] to, before me, this day of , A. D. 18 U. S. District Judge, [Register in Bankruptcy, or, U. S. Commle$ion*r.l 616 FORMS OF PROCEEDINGS IN BANKRUPTCY. -2 I I> Q H * W CS - ;re and when ontracted. J? j C m |d * PI OT Q If ft 2 V H i-der of Payment; deferred Claims. i. >rtht.a due the Uni- ted States, and taxes and assess- ments under the i-aws thereof. 2. )^bts due to the State of , and taxes and assess- ments under the laws of said State. 3. V T ages due clerk, servant, etc., to an amount not exceeding $50,for Labor performed, within Six M'ths. 4. )ther debts Pre- ferred by said Act. FORMS OF PROCEEDINGS IN" BANKRUPTCY. 617 e lis sl SSs 1st is 1^ I I ' 1 1 f 618 FORMS OF PROCEEDINGS IN BANKRUPTCY. I I'll" 3** 3-8* ft I s ! 03 W 2a& S*iN itM ISsI of Holders as as known. ee to ouc FORMS OF PROCEEDINGS IN BANKRUPTCY. 619 * & s-itr s & II 620 FORMS OF PROCEEDINGS IN BANKRUPTCY. [Petition by Debtor.] SCHEDULE B. Personal Property. (2.) a. Cash on hand &. Bills of Exchange, Promissory Notes, or Securities of any de- scription (each to be set out separately) c. Stock in Trade, in my business of , at , of the value of d. Household Goods and Furniture, Household Stores, Wearing Apparel, and Ornaments of the Person . Books, Prints, and Pictures /.Horses, Cows, Sheep, and other Animals ff. Carriages, and other Vehicles fc. Farming Stock, and Implements of Husbandry i. Shipping, and Shares in Vessels *. Machinery, Fixtures, and Apparatus used in Business ; with the place where each is Situated I. Goods or Personal Property of any other Description, with the place where Each is Situated Dolls. Cto Petition*-. [Petition by Debtor/) SCHEDULE B. Chose* in Action. (3.) Dolls. CU a. Debts due Petitioner on open Account &. Stocks in Incorporated Companies, and Interest in Joint Stock Companies c. Policies of Insurance rf. Unliquidated Claims of every nature, with their Estimated Value Petitioner FORMS OF PROCEEDINGS IN BANKRUPTCY. 621 [Petition by Debtor.] SCHEDULE B. (4.) Property in Reversion,, Remainder, or Expectancy, including Prc-mrty held in Trust fur the Petitioner, or subject to any Power or Right to Dispose of, or to Charge. [N. B. A Particular Description of Each Interest mnst be Entered. If all or any of the debtor's Property has been Conveyed by Deed of Assignment, or Otherwise, for the benefit of Creditors, the date of such Deed should be stated, the Name and Address of the Person to whom the Property was Conveyed, the Amount realized from the Proceeds thereof, and the Disposal of the Same, as far as known to the Petitioner.] General Interest. Interest in Land. Personal Property , Property in Money. Stock, Shares, Bonds, Annuities, etc., etc. Rights and Powers Property heretofore conveyed for benefit of Creditors. What portion of Debtor's Pro- perty has been Conveyed by Deed of Assignment, or otherwise, for Benefit of Creditors ; Date .of such Deed, Name and Address of Party to whom Conveyed ; Amount realized therefrom and Disposal of same, so far as known to Petitioner. Particular Description. Real Estate and Leasehold Property, with Locality, Names, and Descrip- tions of Parties now Enjoying the Same, and the Value thereof ; also the Nature of my Interest therein, and from Whom, and in what Manner it is derived Personal Property with Locality, Names, and Descriptions of Persons now Enjoying the Same ; also the Nature of my Interest therein, and from Whom, and in what Manner it is derived Annuities, Money in Public or other Funds, Shares in Railroad and other Companies, showing in whose names the same are standing, with Nainos and Descriptions of persons now Enjoying the Same ; also the Nature of my Interest therein, and from Whom, and in what Manner it is derived Rights and Powers, wherein I or any other Person or Persons in Trust for me or for my benefit have any power to Dispose of, Charge, or Exercise.. Description of property of Debtor here- tofore conveyed for benefit of Credi- tor by deed of assignment, or other- wise ; date of such deed or instru- ment of conveyance, with name and address of party to whom made ; amount realized from same, and the disposal of such property, so far as known to Petitioner Supposed value of my in- terest. Amount realized 'rom pro- ceeds of irop e r t y conveyed. , Petitioner. 622 FORMS OF PROCEEDINGS IN BANKRUPTCY. [Petition by Debtor.] . SCHEDULE B. (5.) A Particular Statement of the Property claimed as Exempted from the Opera' tion of said Act, by the provisions of the \th Section thereof, giving Kadi Item (f Proper tf/ and ^ts Valuation ; and, if any portion o/ it is Heal Estate, its Location, Description, and Present Use. N. B. The property claimed to be Exempt under the Laws of any State is to bo described separately from the rest, and reference given to the Statute of said State creating the Exception.] Property claimed to be Ex- cepted from the opera- tions of said Act, and which may be set apart by the assignee under the 14th Section Property claimed to be Ex- empt by State laws ;. its Valuation ; whether fteal or Personal Estate; its Description 2nd Present Use ; and nruler what State Law Exemption is claimed Valutti'n. SCHEDULE B. -, Petitioner. (6.) [Petition bj- Debtor.] The folloicinsj is a True List of all BooJcs, Papers, Deeds, and Writings re- lating to my Trade, Butinfit, Dealings, Estate, and Effects, or any Part thereof, ivliich, at the date of this Petition, are in my Possession or under my Custody and Control, or which are in the Possession or Custody of any Person in Trust for me, or for my Use, Benefit or Advantage and also of AM others which have been heretofore, at any time in my Possession, or under my Custody or Control, and which are now held by the Parties uho4 nair.es are hereinafter set forth, with the reason for their Custody of the same : BOOKS. DEEDS . . PAPZBS, ETC. Petitioner. (N. B. Here follows oatn to Schedule B, as hereinafter prescribed.] FORMS OF PROCEEDINGS IN BANKRUPTCY. 623 OATHS TO SCHEDULES A AND B. [N B. The following forma of oaths to Schedules A and B of the Petition bf Debtor are prescribed and they are to be annexed to the same, respecttive.] Oath to Schedule A. UNITED STATES OF AMERICA. District of , ss ; . On this day of , A. D. 18 , hefore me personally came the person mentioned in and who subscribed to the foregoing Petition and Schedule, Marked A, respectively and who being by me first duly sworn [or. affirmed] did declare the said Schedule to be a statement of all his debts, &c., in accordance with the Act of Congress entitled " An Act to Establish a Uniform System of Bankruptcy throughout the United States," approved March 2, 1867. District Judge, [or, Register ; or, U. S. Commissioner.] Oath to Schedule B. UNITED STATES OF AMEBICA. District of , ss ; On this On this day of , A. D. 18 , before me personally came , the person mentioned in and who subscribed to the foregoing Petition and Schedule. Marked B, respective-y, and who being by me first duly sworn [ or, affirmed] did declare the said Schedule to be a statement of all his estate, both real and per- sonal, in accordance with the Act of Congress entitled " An Act to Establish a Uniform System of Bankruptcy throughout the United States," approved March 2, J 867. District Judge, [or, Register; or, U. S. Commissioner.] Form No. 2. COPARTNERSHIP PETITION. [In case of a copartnership, the form will be as follows ;] To the Honorable Judge of the District Court of the United States for the District of THE PETITION of , and , of in the County of , and State of , and District aforesaid, respectfully re- presents : That the said , and , copartners transacting business at. , in the County of and State of , and in said Dis- trict, have for the months [Or THAT the said and members of a copartnership composed of themselves, and one of , in the County of , and State of , have for the months : next immediate- ly preceding the filing of this Petition at within said Judicial District ; that the members of said copartnership owe debts exceeding the amount of three hundred dollars, and are unable to pay all their debts in full ; that they are willing to surrender all their estate and effects for the benefit of their creditors, and desire to obtain the benefit of the Act entitled " An Act to Establish a Uni- form System of Bankruptcy throughout the United States," approved March 2, 18G7. " That the Schedule hereto annexed, Marked A, and verified by their oaths, con- tains a Full and True Statement of all the debts of said Copartnership, and, as far as possible, the Names and Places of Residence of their Creditors, and the further statements concerning such debts required by the provisions of said Act. That the Schedule hereto annexed, Marked 1*. verified by their oaths, contain* an accurate Inventory of all the estate of said Copartnership as required by the provisions of said Act. 624- FOEMS OF PROCEEDING IN BANKRUPTCY. And said further states, that the Scheduln hereto annexed, Marked O. verified by his oath, contains a Full and True Statement of all his Individual debts : and, as far as possible, the Names and Places of Residence of his Credi- tors ; and the further Statements concerning euch debts required by the provis- ions of said Act : and that the Schedule hereto annexed, Marked , verified by his oath, contains an accurate Inventory of all his Individual Estate as required by the provision of said Act. And said further states, that the Schedule hereto annexed, Marked E, verified by his oath, contains a Full and True Statement of all his Individual debts, and, as far as possible, the Namer and Places of Residence of his Creditors, and ,the further Statements concerning such debts required by the provisions of said Act ; and that the Schedule hereto annexed, Marked F, verified by his oath, con- tains an accurate Inventory of all his Individual Estate as required by the provis- ions of said Act. [N. B. Similar clauses to be added for Schedules of each Copartner joining in the WHEREFORE, TOUR PETITIONERS PRAY, that after due proceedings had, they may be adjudged by a Decree of Court to be Bankrupts within the purview of said Act ; and upon their compliance with all the requirements of the said Act, and all the orders and directions of the Court made in pursuance thereof, they may be severally decreed to have a CERTIFICATE OF DISCHARGE FROM ALL THEIR DEBTS provable under said Act, and otherwise entitled to all the benefits thereof. Petitioners. [N. B. The Form of the Oath to the Petition is to be modified by employing the plural for the singular number, and by the addition of clauses to cover the Schedules of Each Copartner.] Form No. 3. CORPORATION PETITION. [N. B. If a Petition in Bankruptcy is filed by a Corporation, an authenticated copy of a Vote or other action of the Stockholders, (or, party or parties entitled to act in behalf of such Corporation,) authorizing such proceedings should be filed with the Petition, and which, in substance, should be as follows :] Statement to accompany Potion of Corporation, (In Bankruptcy) AT A MEETING OF THE STOCKHOLDERS, [or, of the Board of Directors, or, Trustees, as the Case may be,] of the Company, [or, Association, or, Bank, or, Society,] a Corporation created by , of the State of , held at, in the county of , and State of on this day of , A. D. 18 , the Condition of the Aftairs of said Corporation hav- ing been inquired into, and it being ascertained to the Satisfaction of said meet- ing that the said Corporation was Insolvent, and that its Affairs ought to be wound up, it was voted [or. Resolved] by a Majority of the Corporators [or, Stockhold- ers, or, Directors, or, Trustees] present at such Meeting, (which was duly called and notified for the purpose of taking action upon the subject aforesaid :) that be, and thereby Authorized, Empowered, and Required to file a Petition in the District Court of the United States for the District of , within which said Corporation has carried on its business, for the pur- pose of having the same adjudged Bankrupt ; and that such proceedings be had thereon as are provided by the Act of Congress entitled " An Act to Establish a Uniform System of Bankruptcy throughout the United States, 1 ' approved March 2, 1867. IN WITNESS WHEREOF, I have hereunto subscribed my name as President [or, other officer or agent] of said Corporation, and affixed the Seal of the same this day of , A. D. I Seal ) 18 . ( of Corporation, J President [or, other officer] of said Corporation. FORMS OF PROCEEDINGS IN BANKRUPTCY. 625 [N. B. Tq case of a Corporation, the following changes arc to be made in the form of Petition already prescribed, viz : The substitution of the Name of the " Corporation for that of the Individual Petitioner, and the omission of the Prayer for a Discharge and the following passage substituted ; " And that like proceed- ings may be ftad in the premises as in said act are provided in respect to natural persons." The language of the Oath to the Corporation Petition may be changed to correspond with the form of tho Petition.] Form No. 14. Bancroft UkiHf FORM OF SPECIAL LETTER OF ATTORNEY. In the Matter of In BANKRUPTCY. Bankrupt. To : , SIB : [or, Messrs., or, Gentlemen,] I, [or, we,] hereby authorize you, or any one of you, to attend the Meeting of Creditors In this matter, advertised or directed to be holden at , on the day of , before , or on the day advertised in the [Name the New- papers] or any adjournment thereof, and then and there for , and in name to vote for or against any proposal or resolution that may b lawfully made or passed at guch meeting or adjourned meeting ; and in the choice of Assignee or Assignees of the Estate of the said Bankrupt, and for , or t to accept such appointment of Assignee. Dated this day of ,A. D. 18 . Witness to the signature of , ____ t Exhibited to me this day of ,A.D. 18 . Register in Bankruptcy. Form No. 17. BOND OF ASSIGNEE. In the District Court of the United States, For the District of In the Matter of IK BANKRUPTCY. Bankrupt. District of ,*'*. KNOW ALL MEN BY THESE PRESENTS : That WC, , Of ; of ; and of . are held and firmly bound unto the United States of America in the ,-jBt and ftiH sum of dollars, to the payment whereof, well and truly to be made, we do bind ourselves, our and each of our heirs, executors and administrators. Signed, Sealed and Delivered at , this day of A. D. 18 . The said , having been, on the day of A. D. 18 . 626 FORMS OF PROCEEDINGS IN BANKRUPTCY. by order of the District Court of the United States for the District of ; IN BANKRUPTCY, appointed assignee of the estate of a Bankrupt, this Bond is executed pursuant to the thirteenth Section of the Act of Congress entitled " An Act to Establish a Uniform System of Bankruptcy throughout the United States," approved March 2, 1867 ; and is conditioned for the due and faithful discharge of all duties by the said as au^a assignee, and in compliance with the Orders and Directions of the Court in the matter of Bankruptcy of the said Signed, Sealed and Delivered , [L. s.] in presence of , [L. s.j , [L.B.1 fN. B. To be Endorsed on the above " On the day of , A.D. 18 ." Approved : , District Judge, [or, Register in Bankruptcy Form No. 21. PROOF OF DEBT, WITH SECURITY. In the District Court of the United States, For the District of In the Matter of IK BANKKUPTCT Bankrupt. District of ,**/ On this day of , A. D. 18 , before me , a Register in Bankruptcy [or, United States Commissioner, or other proper officer] of Bald District, personally appeared ; of , in the County of , and State of , and who, after being duly sworn [or, affirmed] and exam- ined, at the time and place aforesaid, upon n oath, says that the person by [or. or against] whom a Petition for Adjudication of Bankruptcy is filed, w at and before the filing of the Baid Petition and still , justly and truly indebted to this Deponent, [or, the firm of , composed of this deponent and , transacting business at ,] in the sum of dollars and cents, for which said sum of dollars and cents, or any part thereof, this Deponent has not nor any person by order, or to this Deponent's knowledge or belief, for use, received any security or satisfaction whatsoever, save and except the , hereinafter mentioned ; that the claim was not procured for the purpose of influencing the proceedings under the Act of Congress entitled " An Act to Establish a Uniform system of Bankruptcy throughout the United States," approved March 2, 1867 ; that no bar- gain or agreement, expressed or implied, has been made or entered into by or on behalf 01 this Deponent to eeil, transfer, or dispose of said claim, or any part thereof, against said Bankrupt, or to take or receive, directly or indirectly, any money, property, or consideration whatever, whereby the vote of this Deponent [or the firm of which this deponent is a member] for Assignee, or any action on the part of this Deponent, or any other person, in the proceedings under said act, has^ been, is, or shall be in any way affected, influenced, or controlled ; [Here insert a particular description of the debt, and also of the property held as security, and the estimate vxdue of such property.] Deponent. Subscribed and sworn [or, affined] to, ai , on the day of , A. P. 18 . Before me > , District Judge, [or, Register in Bankruptcy- Or, U. S. Commissioner.} BeoeJred bj me, at this day of , A. D. 18 . FORMS OF PROCEEDINGS IN BANKRUPTCY. 627 Form No. 22. DEPOSITION FOR PROOF OF DEBT WITHOUT SECURITT. In the District Court of the United States. For the District ot In the Matter of IN BANKBUPTCT. Bankrupt. District of , ss f At , in the County of , and State of , on the day of , A. D. 18 .before me came , of , in the Coun ty of , and State of , and made oath, [or, affirmation,] and says, that the said , the person whom a petition for adjudication of Bankruptcy has been filed, at and before the filing of the said PetiUon, and still justly and truly indebted to this Deponent in the Bum of, [Here state the amount, and describe the consideration of the Debt, an whether any, and what, payments have been made thereon,"] for which said su; i of dollars and cents, or any part thereof, this Deponent says tfetf.t he has not nor has any person by h order, or to this Deponen**8 knowledge or belief, for use, had, or received any manner of satisfl^vtioi* or security whatsoever And this Deponent further says that the said claim was no! procured for the purpose of influencing the proceedings under the Act of Congest! entitled " An Act to Establish a Uniform System of Bankruptcy throughout * United States,'" approved March 2, 1867 ; that no bargain or agreement, expressed or implied, has been made or entered into by or on behalf of this Deponent to sell, transfer, or dispose of said claim, or any part thereof, against said Bankrupt, or to take or re- ceive, directly or indirectly, any money, property, or consideration whatever, whereby the vote of this Deponent for Assignee, or any action on the part of this Deponent, or any other person in the proceedings under said Act, has been, is, o shall be in any way affected, influenced, or controlled. Deposing Oreditor. Subscribed and sworn [or, affirmed] to, before me, Register in Bankruptcy. Form No. 26. LETTER OF ATTORNEY TO REPRESENT CREDITOR. In the District Court of the United States For the District of In the Matter of Iff BANKRUPTCY. Bankrupt. To Sir [Messrs., or Gentlemen] :~ I, , of the of , in the County of , and Btate of , do hereby authorize you [or, either of you] to attend the Meet- lug or Meetings of Creditors of the Bankrupt aforesaid, advertised, or directed to be he'd at a Court of Bankruptcy at , on the day of , A. D. 18 , the day notified in the Warrant issued to the Messenger 628 FORMS OF PROCEEDINGS IN BANKRUPTCY. by said Court in said matter, or at such other place and time as may be appointed by the Court for holding such meeting or meetings, or at which such meeting or meetings, or any adjournment or adjournments thereof, may be held, and then and there, from tune to time, and as often as there may be occasion, for , and in name to vote for or against any proposal or resolu- tion that may be then submitted under the 12th, iSth, 14th, 18th, ll)th, 21st, 22d, 23d, 27th, 28th, 33d. 36th, 37th, 42d and 43d Sections of the Act entitled " An act to Establish a Uniform System of Bankruptcy throughout the United States," approved March 2, 1867 ; and in the choice of assignee, or assignees, of the Estate of the said Bankrupt, and for , [or, either of us] to accept such appoint- ment of assignee ; and with like powers to attend and vote at any other meeting. or meetings, of Creditors, or sitting, or sittings, of the Court, which may be held therein for any of the purposes aforesaid, or the Declaration of Dividend, or for any other purpose in interest whatsoever. In witness whereof, have hereunto signed name, and affixed seal the day of , A. D. 18 . Signed, Sealed and Delivered - - , [L. s.] in presence of - - , [L. s.] [NOTE. The party executing the above letter of attorney may acknowledge the game before a Judge, Register, Clerk or Commissioner of the Court, or any officer authorized to take the acknowledgment of Deeds or other Instrument in Writing.] N. B. Upon the above letter of attorney should be endorsed the following Cer- tificate of the Register, to wit : Exhibited to me, this day of A.D. 18 ,at .] Register in Bankruptcy" Form Na. 40. PETITION FOR REMOVAL OF ASSIGNEE. In the District Court of the United States For the District of In the Matter of IN BANKRUPTCY. Bankrupt. To the Hon. , Judge of the District Court, for the -District of &. District of , ss : The petition, of , one of the parties interested in the settlement ol Baid Bankrupt's estate, petitioning, respectfully represents, that hereto- fore appointed Assignee of said Bankrupt's estate, [Here set forth the particular cause or causes for which such removal is requested.] Wherefore pray that notice may be served upon said Assignee as aforesaid, to show cause, at such time as may be fixed by the Court, why an order should not be made removing him from said trust. Subscribed and sworn [or, affirmed] to, this day of , A. D. IS . at , in said District. Before mo t Register in Bankruptcy, FORMS OP PROCEEDINGS IN BANKRUPTCY. 029 Form No. 51. PETITION OF BANKRUPT FOR HIS DISCHARGE. In the Matter of IN BANKRUPTCY. Bankrupt. To the Hon. , Judge of the District. Court of the United States, for the District of A. B., of , in the County of , and State of , In said District, respectfully represents that on the day of last past, he was duly declared a Bankrupt under the Act of Congress 5n that case made 'and provided ; that he hath duly surrendered all his property and rights of property, and fully complied with and obeyed all the orders and direc- tions of the Court touching his Bankruptcy, and is ready to submit himself to any other and further examinations, orders and directions which the Court may require. [N. B. If this Petition is filed within less than six months after the filing of the original Petition it should state that no debts have been proved against the Bankrupt, or that no assets have come into the hands of the Assignee.] Wherefore he prays, that he may be decreed by the Court to have a full dis- charge from all his debts provable under said Bankrupt Act, and a certificate thereof granted according to the said Act of Congress. Dated, this day of ,A.D. 18 . Petitioner in Bankruptcy. Form No. 54. CREDITOR'S PETITION. To the Honorable , Judge of the District Court of the United States for the District of THE PETITION of , of the , of , in the County of , and State of , respectfully shows : That he is Creditor of , who for a period of months next preceding the date of the filing of this Petition, has resided at , in the County of and State of , and District aforesaid. That your Petitioner's demand said , owes debts to an amount exceeding the sum of Three Hundred Dollars ; that your Petitioner's demand exceeds the amount of Two Hundred and Fifty Dollars ; and that the nature of your Petitioner's demand against the Bald is as follows : A certain promissory note signed by said , payable to the order of your Petitioner, [or, naming the party to whose order the said note is made paya- ble,] of which the following is a Copy, to wit : [or, set forth evidence of indebted- ness in any other form to a liquidated amount, exceeding Two Hundred and Fifty Dollars, to meet the case.] And your Petitioner further represents, that within .ihe Six Calendar Months next preceding the date of this Petition, the said , did commit an act of Bankruptcy within the meaning of said Act, to wit : In that the said , did heretofore, to wit : on the day of , A. D. 18 , depart out of, and from the State of , of which he is an inhabitant as afore- said, with intent to defraud his creditors, [or, being absent during said period, he has, with intent to defraud his creditors remainedabBent from said State : 630 FORMS OP PROCEEDINGS IN BANKRUPTCY. [Or, That the said , within the period aforesaid, to wit : On the day of , A.D. 18 , within said District, did conceal himself, [or, did disguise himself.] to avoid the service of Legal Process in an action for the recov- ery of a debt or demand, provable under said Act, to wit : To avoid the service of Legal Process in a suit brought by in the Court, of the State of , [or, any other Court] in which such process had been issued, to be served upon the said , by , Marshal for said District, [or, Sheriff, Constable, or other Officer, or party, as the case may be,] at which time the said , did conceal himself, and remain secreted, to avoid the service of said Process, so that the said Officer or party having the same to serve upon said Debtor was unable to find him, in order to make proper service of the same : Or, That the said , within the period aforesaid, to wit : At . in said District, on the day of , A. D. 18 , being possessed of certain Property, to wit : [Here describe the Property,'] and he, being aware that Legal Process had been issued, [or, was about to be issued,] to be levied thereon at the Suit of some one or more of his Creditors, did conceal, [or, re- move ; or, destroy the identity,] of said Property to avoid its being Attached, Taken, or Sequestered on such Process : [Or, That the said , within the period aforesaid.to wit : At said in District, on the day of , A.D. 18 , being possessed of certain Estate. Property, Rights or Credits, to wit : [Here describe the Prop- erty and where situated,'] did make an Assignment, [or, Gift, Sale, Conveyance, or Transfer, as the case may be,] of th$ same, [or, of any part thereof mention- Ing the part,] to , of , in the County of , and State of , with intent to delay, [or, hinder ;> or, defraud,] th Creditors of him, the said : trict, [Or, That the said , within the period aforesaid, and within said Dis to wit : At , has been arrested and held in custody under and by vnv tue of mesne process, [or, Execution ; or, as the case may be,] issued out of the Court of the United States for the District of , [or, of any Court of any State, District, or Territory,] within which such debtor resides or has property, founded upon a demand, in its nature provable against the Bankrupt's Estate under said Act, and for a sum exceeding One Hundred Dollars ; and that such Process is remaining in force, and not discharged by pay- ment, or in any other manner provided by the Laws of such State applicable thereto, for a period of Seven days : [Or, That the said .within the period aforesaid, and within said District, to wit : On the day of , A. D. 18 , being Bankrupt, [or, in- solvent ; or, in Contemplation of Bankruptcy, or Insolvency,] did make to , of , in the County of , and State of , a payment, [or, Gift, Grant, Sale, Conveyance or Transfer,] of money, [or, of any other Prop- erty. Estate, Rights or Credits,] [or, did giveHo , of , in the County of , and State of , a Warrant to Confess Judgment, or did Procure, or Suffer his Property to be taken on Legal Process,] in favor of , of , in the County of , and State of ; the said judgment to be confessed, issuing out of the Court of ; with the intent to give a preference to , of , in the County of , and State of ; [or, to one or more of his Creditors ; or, with the intent, thereby, to give preference to , of , in the County of , and State of , being a person, [or, persons,] who were liable for him as Endorser, Bail. Sureties, or otherwise, [describing tht particular relation,'] or, with the intent by such disposition of his Property to Defeat, or Delay the operation of said Act.] [Or. That the said , within the period aforesaid, and within said District, to wit On th day of , A. D. 13 , being a Banker, [or, Mer- FOEMS OF PROCEEDINGS IN BANKRUPTCY. 631 chant ; or Trader, or as the case maybe,] has fraudulently stopped ; or suspended (and has not resumed) payment of his Commercial Paper within a period of foar teen days. [N. B. Whichever of the acts is relied upon as the act of Bankruptcy of Debtor, the Same must be particularly described.'] WHEREFORE, TOUR PETITIONER PRATS, that he, the said , may be declared a Bankrupt, and that a Warrant may be issued to take possession of his Estate ; that the same maybe distributed according to law ; and that such further proceedings may be had thereon, as the law in such case prescribes. Solicitor [or, Attorney.'] Petitioner. Oath to Foregoing Petition. UNITED STATES OF AMERICA. District of , u ; I. , the Petitioner above named, do hereby make solemn oath that the statements contained in the foregoing Petition subscribed by me are true, so far as the same are stated of my own knowledge, and that those matters which are stated therein on information and belief, are true according to the best of my knowledge, information and belief. Petitioner. Subscribed and sworn [or, affirmed] to before me, this day of A.D.18 . District Judge, [or, Register in Bankruptcy ; or, V. S. Commissioner.'] [N. B. In case the parties proceeded against are a Copartnership, or a Corpor- ation, the above forms may be varied accordingly,] Form No. 55. DEPOSITION AS TO PETITIONING CREDITOR'S CLAIM. [To be filed with Creditor's Petition. In the District Court of the United States, For the District of IN Bankruptcy. In the Matter of Against whom a Petition for Adjudica- tion of Bankruptcy was Filed on the day of A.D.13 . At .in said District, on the day of , A. D. 18 . Before , one of the Registers of said Court, in Bankruptcy. District of , 98 ; , of , in the County of , and State of being duly Sworn, [or, Affirmed] and Examined, at the Time and Place above mention- ed, upon his Oath, [or, affirmation,] says that the said was, [or, were,] on and before the day of , A. D. 18 , and still justly and truly indebted unto this Deponent, [Here give a particular description of th* Debt.] , Petitioning Creditor. On the day of , before me personally appeared, the above named Petitioning Creditor, and was duly swcra to the truth of the fore- grorng statement. , Begister in Bankruptcy. 632 FOEMS OF PROCEEDINGS IN BANKRUPTCY. Form No 56. DEPOSITION OF WITNESS TO ACT OF BANKRUPTCY. [To be filed with Creditor's Petition.] In the District Court of the United States, For the District of In the Matter of Against whom a Petition for Adjudica- tion in Bankruptcy was Filed on the day of , A.D. 18 . IN Bankruptcy. At , in Said Districts on the day of , A. D. 18 , Before , one of the Registers of said Court in Bankruptcy : , District of ,*/ being duly Sworn, [or, Affirmed,] and Examined, upon his Oath, [or, Affirmation,] eaye, that. [Here set forth particularly the Witness's knowledge of the Act of Bankruptcy alleged to have been committed by the party proceeded against.] On the day of , appeared personally, the above named Witness, ml w* lofy UAorn to the truth of the foregoing statement. , Register in Bankruptcy. L x^-> L iz . ' - SW^Stfi, . . . K, II, BAftCRQjiT AND COMPANY, t II .1 FSANCISCO, CAL. . v OFFER, at WLo t omplete Stocks of m in the World. We issue the following < 'at^.loguef-, any one of which may be had upon application : X. Miscellaneous Books* IL Scientific Books, III, School Books, ' , IV. Law Books, VI. Helirious itcxxks, T. Medical Books, "VII. Subacrip ior T'.o-oks. ^4 ikS, IX. Stationery. * attention is called to our lim.of. iSs. ,;iks, now Complete, * a ;d u-nqvu tionably the finest ever made ia the. count-; t having had an opportunity to examine them, will have ,. the style of manufacture, anJ Catalogue with prices, tu . SCFIPriON EdOKB. given, to eell j )FT AJS; D COMPANY, ? Moritgomery Street, SAN FRAIVCISCO, CAL. ^^^,^,,,,:,^^^^