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REVISED AND ENLARGED EDITION. 
 
 THE 
 
 AMERICAN LAWYER, 
 
 AND 
 
 BUSINESS-MAW FORM-BOOK; 
 
 ccwrTAiiriiTo 
 
 FORMS AND INSTRUCTIONS 
 
 For 
 
 Contracts, 
 
 Arbitration and 
 
 Award, AsBigTimentB, 
 
 Chattel MortffBffes, Billa • 
 
 of Sale, Bill of Lading, Bonda, 
 
 Exchange, Drafta, Promissory Notes, 
 
 Orders, Receipts, Due-Bills, Conveyances, 
 
 Deeds, Mortgages, Indentures, Satisfactions, 
 
 Releases, Dower, Leases, Landlord's and Tenant's 
 
 AgreemenU, Couipositlon with Creditors, Charter of 
 
 Yesst-ls, Buildinsf, Letters of Credit and Lir.ense, Marriaffo, 
 
 Articles of Partnership, Power of Attorney, Wills and Codicils. 
 
 Trust Korms, Barter, Liabilities of Common Carriers and of Minors. 
 
 ^aturait^atwn, Pre-Emptum RiyhU on Public ImiuU, Rightt to MUitarv 
 
 Bounty I^rid Copyright J^ws, ReguUitiont and Forms for obtaining Patents 
 
 OtutomhouMe R,^Uitioni Domestic and Foreign Rate, of Pottage, A System of 
 
 nS.^I^"'^^'"^*" T"?^' -E*"^"*^ T-.-".* Table, Interest and Mensural^ i{u», 
 
 WetghU and Measures of d^erait Countries, Falue of Gold and SUver Coins, ^CJc™ 
 
 TOGETHER WITH 
 
 THE I.AWS OF THE VARIOUS STATES 
 
 ON THE aUALlFICATIONS NECESSARY FOR VOTERS 
 30USEH0LD AND HOMESTEAD EXEMPTIONS FROM EXECUTION DEEDS 
 ACKNOWLEDGMENT OF DEEDS, MECHANICS' LIEN, COLLECTION * 
 OF DEBTS. LIMITATION OF ACTIONS, REGULATING CONTRACTS ' 
 CHATTEL MORTGAGES, RIGHTS OF AURRIED WOMEN ' 
 DOWER, EATES OF INTEREST, USURY, AND WILLS; 
 AND 
 
 A MAP A.\D SEAL FOR EACH STATE i THE L'\10\' 
 
 BY DELOS W.'^ADLE, A. M., 
 
 ATTORNXT AND COUNSXLLOR *AT LAW 
 
 NEW YORK: 
 
 PUBLISHED BY ENSIGN, BRIDGMAN & FANNING, 
 
 156 William Stkket, and A. RANNEY, 193 BHoAnwAV 
 
 CINCINNATI: It M. RULI80N.-CHICA(10 : RUFUS BLANCHAiiD 
 
 1857. 
 

 Enteivd, Hcconling to Act of Congress, in the year 1851, by H. Phelps &. Co., and 
 Re-entered, according to Act of Congress, in the year 1855, 
 
 ' By ensign, BRIDGMAN, <fe FANNING, and C. C. SAVAGE, 
 
 in the Cleric's Oflice of the District Court of the United States, in and for the Southern 
 District of New York. 
 
 ATTOHNET AND COUarSEttOH AT LAW, 
 
 REFERENCES. 
 »,«w.. GreenleaF, LL.D., Boston, Mass. I.Tohn P. Converse, Esq., Parkman. Ohio. 
 Hon. Wm. Kent, LL.D., New York City. Wm. S. Driggs, Esq., Detroit. Mich. 
 Ja£ON Stbels, Esq., Windsor, Vt. | Timothy D. Crocker, Esq., Burlington. lo 
 
 Jonathan Edwards, Esq.. San Francisco, Cal. 
 
^^ TO THE PURCHASER. 
 
 This book which we now offer you is emphatically a manual for the 
 guidance of any and every man in business transactions, in a manner pre- 
 scribed by law and the usage of trade. But in addition to this, it embodies 
 an an-ay of practical information which makes it a most valuable reference- 
 book to the business man ; and we assume that there is no otlier work 
 equal to it in point of fullness and correctness. It has been prepared 
 by a lawyer of hij^h character and standing, whose professional re])utation 
 is^ sufficient guaranty for its accuracy, assisted by a business-man well 
 lainted with the wants of the community on ^he points which this vol- 
 is intended to supply. 
 
 px presenting its claims to public favor, we do not address ourselves as 
 is usual "to the Reader," but "to the Purchaser," for we do not expect 
 ar^ man to read it through, but to use it as a reference-book, not only that 
 1^ busipess may be done in a form that shall secure his legal right, but also 
 •^ascertain what protection the laws of the states afford him in the prose- 
 Wtion of his business. When we ask the business-man to purchase it, we 
 ^pect him to inquire, " Will it Pat V* We answei' — 
 
 It will Pay the City Wholesale Merchant. 
 
 -J Your customers are scattered throughout the countr}', and it is important 
 Oor you to know the laws of the various States for the Collection of Debts, 
 
 qhe kinds of Property exempt from Attachment, Customhouse Regulations, 
 •'oreign Weights and Measures, Liabilities of Common Camers, Forms of 
 iyPowcr of Attorney and of revoking the same, Agreements, and many other 
 tr things which the index will show. 
 
 j: It will Pay the City Retailer. 
 
 ^ We give Forms of Articles of Copartnership, of Leases, Assignment of 
 ^ Policy of Insurance, Notes, Ordeis, Receipts, Value of Coins, &c. ; besides 
 /J important information on various subjects. 
 
 It will Pay the Country Merchant. 
 
 We give you Forms for Bills of Sale, Contracts, Letters of Credit, 
 Agreement for Sale of Personal Property, Bonds, Book-Keeping, Chattel 
 Mortgages, and a large number of other items adapted to your daily wants. 
 
 It will Pay the Attorney. 
 
 Oar book, emanating from one whose legal acumen will not be ques^ 
 tioned, gives the profession the State Laws for the Collection of Debts, 
 Laws Regulating Conveyances, the Limitation of Actions, Projierty 
 emptions, Rates of Interest, Acknowledgments of Deeds, Statutes of Frau 
 Wills, &c., which have been verified by lawyers residing in the differe 
 gtates, and a long array of Forms for drafting business papers. 
 
 It will Pay the Farmer. 
 
 We give you* Forms for Deeds, Mortgages, Satisfaction of Moi 
 Bills of Sale, Cultivation of Land, Sale of Animals with Warranty, 
 stead and other Exemptions, Instructions for obtaining Public Lands of 
 the government, and numerous other fonns and information which niight 
 • be an important to a rmnier nd his plough. 
 
i 
 
 4 TO THE PURCHASER. 
 
 It WILL Pay the Mechanic. 
 
 Turn to the Lien Laws for the benefit of Mec-hanics, Liabilities of Mi- 
 nors, Indentures for an Apprentice, Articles of Partnership, forms and rules 
 prescribed for securing Patents, Contracts, Assignments : the Index will 
 exhibit other subjects equally useful to you. 
 
 It will Pay the Emigrant. 
 
 We give you the Laws and Forms regulating Naturalization, Right of 
 settling on United States Public Lands,' Homestead and other Property 
 Exempt from Sale for Debts in the ditfeient States, Rates of Postage to 
 Foreign Countries, Value of Gold and Silver Coins, Business Porms,"&c. 
 
 It will Pay every Man and Woman 
 
 Look at the array of forms and subjects already mentioned, also Promis- 
 sory Notes, Landlord and Tenant's Agreements, Rights of Married Women, 
 Dower, Rights of Military Bounty Land, Interest Tables, &c., together with 
 another item giving great interest to this work, being a well-delineated 
 
 Map of each State in the Union, and a Map of the U. S., 
 
 which Maps alone are worth three times what is asked for the whole work. 
 
 If we have now made it plain that it will be a valuable book to you, we 
 ask you to buy it, not simply to promote our interests, but because 'we give 
 you in return that information which every man ought to have at his com- 
 mand. The Pubhsheks. 
 
 January 1. 1851. 
 
 ADVERTISEMENT TO THE REVISED EDITION. 
 
 The extensive patronage bestowed on the American Lawyer since 
 its first publication, is the most satisfactory evidence that the publishers 
 were right in supposing that such a work was required for the guidance of 
 all classes of our citizens, and were successful in their efforts to fill the 
 vacuum. Alterations were made from time to time to meet the changes in 
 the statute laws of the several states, but no thorough revision of the work 
 has before been undertaken. 
 
 A number of the states having recently reorganized their Code, the pub- 
 lishers determined to revise the work, and make the Special Laws as com- 
 plete and i-eliable as labor and exijerience could do it. To accomplish this 
 purpose, the pages devoted to the different states were severally submitted 
 to an able and distinguished practitioner resident in each state, for ci'itical 
 examination and careful comparison with the Revised Statutes and latest 
 nactments of the state, who has veiified or modified the law on the sub- 
 jects included in the volume, to make them conform to the statutes at the 
 present time.'^ This has hivolvcd more or less clianges in all the states, and 
 in some of them an almost entire modification of the statutes previously 
 published. Several of the maps have been re-engraved, and the laws and 
 map of Minnesota are now given for the first time. 
 
 This revised and enlarged edition of the Lawyer is now submitted to 
 the public, with the full confidence that those who have tested the intrinsic 
 merits of the old edition, will purchase the new one, and find its value 
 greatly enhanced.- The Publishers. 
 
 New York, January, 1856. 
 
INDEX. 
 
 ACKNOWLF.DGMENT of Wills PAGE 168 
 
 Acknowled^rment of Deeds (see Deeds 
 for each State). 
 
 Actious Limitatiou of (see Limitation of 
 Actions). 
 
 Affi'lavita. Forms of. 39 
 
 Ai;reemeatB 9 
 
 General Form of. 10 
 
 For the Sale of Personal Property.. . 1 1 
 
 For Building 12 
 
 For the Sale of Land 13 
 
 For Hiring: Clerk or Workman 14 
 
 For Making Boots, kc 14 
 
 For Makinjr Flour-Barrels, &c 15 
 
 For Sale and Delivery of Wood 15 
 
 For Sale of Stock 15 
 
 For Sale of Goods in Store 16 
 
 For Cultivating Land on Shares 17 
 
 For Sale of Horse 17 
 
 For Sale of Fruit-Trees 18 
 
 For Barter 18 
 
 For Sale of Animals 19 
 
 For Indenture of Apprentice 19 
 
 For Indenture of Servants 20 
 
 Alabuma. Map of. 264,265 
 
 Special Laws of. 266 
 
 Aninmls. At;reemeat for Sale of. 19 
 
 Apprentice, Indenture of 19 
 
 Arbit ration 21 
 
 Form of Submission for 22 
 
 Form of Bond of 22 
 
 Arbitrators, Oath of 21 
 
 Award of 24 
 
 Arkansis, Map of 286,289 
 
 Special Laws of. 287 
 
 Arrest (see Collection of Debts in States). 
 
 Asaiimments 25 
 
 General Form of. 25 
 
 Of Bond 26 
 
 Of Morigajfe 27 
 
 Of Mort>.'iu«:e, to be endorsed thereon 28 
 
 Of Mortirage, as Collateral Security.. 28 
 
 Of a Debt 29 
 
 Of Judgment 30 
 
 or Lease 31 
 
 Of Policy of Insurance 32 
 
 For Equal Benefit of Creditors 33 
 
 For Benefit of Preferred Creditors.. 32 
 Of Partnership Property, for Settle- 
 ment 86 
 
 Of a Patent-Right 37, 148 
 
 Law of, in Vermont 180 
 
 Attacluueul (see Collection of Debts). 
 
 Banking and Equation, Table of 577 
 
 Barter, Agreement fur 18 
 
 Bills of K'-'. 40 
 
 F of 42-14 
 
 I) 1 of 45 
 
 Bills ..: ; rrnof 61 
 
 BillsofSd.- 46 
 
 Bill of S.ili-, General Form of. 46 
 
 Of Horse, with Warranty 47 
 
 Of Registered or Enrolled Vessel... 48 
 
 Of Vessel to be Recorded 132 
 
 Bonds 52 
 
 Bonds. Forms of— 
 
 Of A rbitration 22 
 
 AssigDOient of 26 
 
 Bonds, Forms of— 
 
 For tlie Payment of Money. . . . page 62 
 
 For the Payment of Interest 53 
 
 Of a Corporation 54 
 
 To Indemnify a Sheriff. ,54 
 
 To Executors .... 55 
 
 ForaDeed 56 
 
 Of Treasurer or Trustee of an Associ- 
 ation 57 
 
 Bottomry-Bond .' 58 
 
 Book-Keeping 372-375 
 
 Bounty Lands, Acts granting 159, lfii> 
 
 Building, Agreement for 12 
 
 California, Map of. 358,359 
 
 Special Laws of. a57 
 
 Cash-Book, Form of 375 
 
 Charter Party, Form of 61 
 
 Chattel Mortgages 46 
 
 Form of 49 
 
 Chattel Mortgages, Laws Regulating in— 
 Maine, ;i65; New Hampshire, 174; 
 Massaclmst tts, 188; Rhode Island, 196; 
 Connecticut. 200; New York, 209; 
 Maryland. 234 ; North Carolina, 243; 
 South Carolina, 247; Georgia. 255; 
 Florida, 261 ; Alabama, 267; Missis- 
 sippi, 274 ; Texas. 284 ; Arkansas. 290 ; 
 Tennessee. 293 ; Kentucky. 299; Ohio, 
 308; Michfiran, 314; Indiana, 321; 
 Illinois. 328; Missouri, 334; Iowa, 
 340; Wisconsin, 345; Minnesota, 353 ; 
 California, 360. 
 
 Check or Draft on Bank 45 
 
 Clerk Agreement for Hire of. 14 
 
 Coins, Table of. 382 
 
 Collection of Debts (see Debts, Collection 
 of). 
 
 Common Carriers, Liabilities of. 123 
 
 Connecticut, Map of 198, 1!)9 
 
 Special Laws of 200 
 
 Contracts (see Asfreements) 61 
 
 Contracts, Law Regulating 61 
 
 Contracts. Laws Regulating, in— Maine, 
 165; New Hampshire, 174; Vermont, 
 179; Massachusetts, 138; Rhodo Is- 
 land, 196 ; Connecticut, 201 ; New 
 York. 209; New Jersey, 217 ; Penn- 
 sylvania, 224; Delaware, 227; Vir- 
 ginia, 237: North Carolina. 243; South 
 Carolina, 250; Georgia, 255; Florida, 
 261; Alabama, 267; Mississippi, 274; 
 Louisiana. 277; Texas, 284; Arkan- 
 sas, 29*; Tennessee. 293; Kentucky, 
 299; Ohio, 308; Michigan, 315; Indi- 
 ana, 321; Illinois, 328; Missouri, 334; 
 Iowa, 340; Wisconsin, 345; Minne- 
 sota, &53; California, 361. 
 Conveyances (see Deeds). 
 
 Copiynght, Law Regulating 
 
 Corporation, Bond of 
 
 Satisfaction of Mortgage by. . . 
 
 Credit, Letter of 
 
 Creditors, Composition with 
 
 Assignment, for Eqiiiil Benefit of.... 32 
 AsHJifnmfnt for Uem-tit of Preferred. 33 
 
 Customhouse Power of Aiionicy 110 
 
 Cuatonilionse JlegulHli' I .?3 
 
 Fees Receivable h — lil 
 
NDEX. 
 
 Duy-Book, Form of. page 374 
 
 Debt, Assignmiitit of 29 
 
 Power of Attorney to Collect 112 
 
 Debtor, Agreement not to Sue 94 
 
 Debts, Laws Regulating Collection of,in — 
 Maine, 167; New Hampshire, 173; 
 Vermont, 181; Massachusetts, 190; 
 Rhode Island, 196; Connecticut, 201 ; 
 New York, 210; New J«rsey, 218; 
 Pennsylvania, 224; Delaware, 230; 
 Maryland, 234; Virginia, 240 ; North 
 Carolina, 24C; South Carolina, 250; 
 Georgia, 256; Florida, 262; Alabama, 
 267; Mississippi, 275; Louisiana, 280; 
 Texas, 285 ; Arkansas, 290 ; Tennes- 
 see. 29G; Kentucky, 302; Ohio, 309; 
 Michi!J:an,316; Indiana,322; Illinois, 
 329; Missouri, 335; Iowa, 340; Wis- 
 consin, 346; Minnesota, 3.54 ; Califor- 
 nia, 302. 
 
 Deeds G4 
 
 Forms of— Warranty 65 
 
 Simple, without Warranty 66 
 
 Quit-Claim, by Husband and Wife.. 66 
 Warranty, by Husband and Wife.... 67 
 
 By Executors 69 
 
 Of Trust 71 
 
 Bond for 56 
 
 Acknowledgment of (see State Laws). 
 
 Deeds, Laws Regulating, in — Maine, 168 ; 
 New Hampshire, 175: Vermont, 182; 
 Massachusetts, 191; Rliodo Island, 197; 
 Connecticut, 202; New York, 211; 
 New Jersey, 218; Pennsylvania, 225 ; 
 Delaware, 231; Maryland, 238 ; Vir- 
 ginia, 241 : North Carolina, 246 ; South 
 Carolina, 250; Georgia, 256; Florida, 
 262; Alabama, 263 ; Mississippi, 275; 
 Louisiana, 280; Texas. 285; Arkan- 
 HU8, 291 ; Tennessee, 296 ; Kentucky, 
 31)3; Ohip,309; Michij-an, 316; Indi- 
 ana, 323; Illinois, 329; Missouri, 338 ; 
 Iowa, 340; Wisconsin, 347; Minneso- 
 ta, 355; California, 3C3. 
 
 Delaware, Map of. 228, 229 
 
 Special Laws of 227 
 
 Depositions 39 
 
 Dower (see Married Women, Rights of) 82 
 
 Assignment of. 83 
 
 Release of ....!.... 84 
 
 Right of (see the respective States). 
 
 Drafts 40 
 
 At Siffht 45 
 
 On Time 45 
 
 On a Bank 45 
 
 Due Bills 102 
 
 Executors, Bond to 65 
 
 Mortgage to 76 
 
 Deed by 69 
 
 xemption. Homestead (see Homestead 
 Exemption). 
 
 xemptions. Household, Laws Regula- 
 ting, in— Maine, 161 ; New Hamp- 
 Bhire, 169; Vermont. 178; Massachu- 
 setts, 186; Rhode Island, 193; Con- 
 ticut, 200; New York, 203; New 
 
 ^_ersey, 216; Pennsylvania, 221 ; Del- 
 
 it*ware, 230 ; Maryland, 234 ; Virginia, 
 ■237; North Carolina, 243; South Car- 
 olina. 247; Georgia, 254; Florida, 260; 
 Alabama, 266; Mississippi, 272; Lou- 
 isiana, 277; Texas, 284; Arkansas, 
 287 ; Tennessee, 293 ; Kentucky, 299 ; 
 Ohio, 306; Michigan. 311; Indiana, 
 320: Illinois, 325; Missouri, 331 ; Io- 
 wa, 337; Wisconsin, 244; Miiaiesola, 
 349; Caiifuniia,365. 
 
 Florida, Map of. pagr 258,259 
 
 Special Laws of. 260 
 
 Fraud, Statutes of (see Laws Regulating 
 
 Contracts). 
 Fruit-Trees, Agreement for Sale of. 18 
 
 Georgia, Map of. 252, 2-53 
 
 Special Laws of. 254 
 
 Goods in Store, Agreement for Sale of . . IB 
 Goods, Order to deliver 103 
 
 Horse, Agreement for Sale of. 17 
 
 Bill of Sale of, with Warianty 47 
 
 Homestead Exemption, Laws Regula- 
 ting, in— Maine, 164; New Hamp- 
 shire, 172; Vermont, 178; Massachu- 
 setts, 186 ; New York, 206 ; New Jer- 
 sey, 220 ; South Carolina, 247; Geor- 
 gia, 254 ; Florida, 260; Alabama, 266 ; 
 Mississippi, 272; Texas, 284; Arkan- 
 sas, 287 ; Tennessee, 298 ; Ohio, 307 ; 
 Michigan, 311 ; Indiana,320; Illinois, 
 828; Iowa, 337; Wisconsin, 344 ; Min- 
 nesota, 349; California, 365. 
 
 Illinois, Map of 326, 327 
 
 Special Laws of 323 
 
 Indiana, Map of 318, 31 .T 
 
 Special Laws of 320 
 
 Iowa,Map of. 338, 339 
 
 Special Laws of 337 
 
 Insurance Policy, Assignment of. 32 
 
 Interest 376 
 
 Table of, at Six per cent 378 
 
 Table of, at Seven per cent 077 
 
 Calculation of 378 
 
 Table of Banking and Equation 377 
 
 Bond for securing Payment of 63 
 
 Interest, Laws Regulating Rates of, in — 
 Maine, 168; New Hampshire, 175; 
 Vermont, 183; Massachusetts, 192; 
 Rhode Island, 197; Connecticut, 202 ; 
 New York, 213; New Jersey, 220; 
 Pennsylvania, 226; Delaware, 231 ; 
 Maryland, 236 ; Virginia, 242 ; North 
 Carolina, 246; South Carolina, 251; 
 vGeorgia,257; Florida, 263; Alabama, 
 269; Mississippi, 276; Louisiana, 281 ; 
 Texas, 286; Arkansas, 292; Tennes- 
 see, 297 ; Kentucky, 303 ; Ohio. 310; 
 Michigan, 317; Indiana, 324; Illinois, 
 330; Missouri, 336; Iowa, 340; Wis- 
 consin, 348; Minnesota, 356 ; Califor- 
 nia, 368. 
 
 Judgment, Assignment of. 30 
 
 Judgment-Note, Form of. 97 
 
 Kentucky, Map of 300,301 
 
 Special Laws of. 299 
 
 Land, Agreement for Sale of. 13 
 
 Agreement to Cultivate on Shares... 17 
 Lands.Public, Form for Pre-empting. 151-156 
 Land- Warrants, Soldiers entitled to.. 159, 16^ 
 
 Landlord and Tenant 85 
 
 Tenant's Agreement « 91 
 
 Landlord's Agreement 91 
 
 Lease, Assignment of. 81 
 
 Mortgage of 79 
 
 Short Form of 86 
 
 Tenant to pay Taxes, and not underlet 87 
 
 With covenant not to underlet 89 
 
 With Mortgage of PersonalProperty, 
 
 to secure Rent... 92 
 
 Ledger, Form of 375 
 
 Letler of Credit and of License, Fonii of. 94 
 Liability of Sliip-O wiiers 127 
 
INDEX. 
 
 Liabilities of Common Carrieri.... page 123 
 
 LlHbilities of Minors 122 
 
 Lien, Mechanics', Laws Reeulatin?, in — 
 Maine, 164; New Haihpsliii-e, 169; 
 Vermont, 179 ; Massaclinsetts, 187 ; 
 Rhode Island. 193- Connecticut, 200; 
 Nevr Yorli. 207; New Jersey, 216; 
 Pennsylvania, 221 ; Maryland, 234 ; 
 Virg^inia, 237; South Carolina, 247; 
 Oeoraia. 254 ; Florida, 260; Alabama, 
 266; Mississippi, 273; Louisiana, 277; 
 Texas. 2S4t .Vrkansas. 287; Tennes- 
 aee. 2M; Kentucky, 299; Ohio, 308; 
 Michiiran.SU; ln(fian!i,324; Illinois, 
 825; Missouri, 331; Iowa, 337; Wis- 
 consin, 345; Minnesota, 352; Califor- 
 nia, 357. 
 
 Limitation of Actions, Laws Regulating 
 the, in— Maine, 166 ; New Hampshire, 
 173; Vermont, 180; Massacliust-tts, 
 189; Rhode Island, 1P6; Connecticut, 
 201; NewYork,2(!9; NewJersey,217; 
 Pennsylvania, 224; Delaware, 227; 
 Maryland. 234; Vireinia, 240; North 
 Carolina, 243; South Carolina, 250; 
 Oeoraia, 255 ; Florida, 262 ; Alabama, 
 266; Missistiippi, 274; Louisiana, 277; 
 Texas, 284; Arkansas. 290 ; Tennes- 
 see. 296 ; Kentucky, 302 ; Ohio, 308 ; 
 Michigan. 315; Indiana, 321; Illinois, 
 829; Missouri, 334; Iowa, 340!; Wis- 
 consin, 346; Minnesota, 353 ; Califor- 
 nia, 361. 
 
 Louisiana, Map of. 278, 279 
 
 Special Laws of 277 
 
 Manufacturing. Agreement "for 14, 15 
 
 Maine, Mnp of 162, 163 
 
 Special Laws of ICl 
 
 Maps of the ■States— Maine, IC2; N.Hamp- 
 shire, 170; Vermont. 176; Massachu- 
 setts, 184; Rhode Island, 194; Con- 
 necticut, 193 ; New York, 204; New 
 Jersey, 214; Pennsylvania, 222; Del- 
 aware, 228 ; Maryland, 232; Vir-jinia, 
 238 ; North Carolina, 244 ; South Car- 
 olina, 248; Oeortria. 252 ; Florida. 258; 
 AlabamH. 264; Mississippi, 270; Lou- 
 isiana. 278; Texas, 2H2; Arkansas, 
 268; Tennessee. 294; Kentucky, 300 ; 
 Ohio, 304; Michigan. 312; Indiana, 
 318: Illinois, 326; Missouri, 332; lo- 
 wa,338; Wi8consin,3l2; Minnesota, 
 a50; California, 358; U. States, 36C. 
 
 Marriage, Form of 96 
 
 Certificate, Form of. 96 
 
 Married Women, Laws Regulating Rights 
 of, in— Maine, 168; New Hampshire, 
 175; Vermont, 182; Massachusetts, 
 191; Rhode Island, 197; Connecticut, 
 202; New York, 213; New Jersey, 
 220; Pennsylvania. 225; Delaware, 
 231; Maryland, 2«; Virginia, 242; 
 Noifh Carolina, 246; South Carolina, 
 251; Georgia, 257; Florida. 263; Ala- 
 bama, 269; Mississippi, 276; Louisi- 
 ana, 2811 ; Texas, 286; Arkansas. 292; 
 Tennessee, 297 ; Kentucky, 3ti3; Ohio, 
 310; Michigan. 317; Itidiana, 323; 
 Illinoin, 330; Missouri, 336; lown, 
 310; Wisconsin, 348; Miunesuts;35li; 
 rulifornia. 3t»4. 
 
 M;iryi..rHi. Map of 332,283 
 
 .>;!• Ill Liiws of. 234 
 
 Ma,»;ir ;i- .'(-.Mnpof 184, 186 
 
 „ >l ' ' 186 
 
 Measu -M 179 
 
 Tu 381 
 
 Mechaii: ... i •• Lien, Mechanics'). 
 
 Mensuration page 378 
 
 Merchandise, Order for 103 
 
 Michigan, Map of 312, 313 
 
 Special Laws of. 311 
 
 Military Bounty Lands 157 
 
 Minnesota, Map of 350, 351 
 
 Special Laws of. 349 
 
 Minors. Liabilities of. 122 
 
 Mississippi, Map of 270, 27 1 
 
 Special Laws of. 272 
 
 Missouri, Map of. 332, 3^ 
 
 Special Laws of. 331 
 
 Money, Bond for Payment of. 52 
 
 Order for. 102 
 
 Mortgages 64 
 
 Mortgages, Forms of— 
 
 Of Chattels (see Chattel Mortgages). 49 
 
 With Power of Sale 73 
 
 By Husband and Wife, with Interest 
 
 and Insurance Clause 73 
 
 To Executors 76 
 
 T> secure a Note 78 
 
 On Lease, with Covenant to Insure.. 79 
 
 Satisfaction of. 1 IG 
 
 Satisfaction oH by Corporation 117 
 
 Assignment of. 27 
 
 Endorsement of Assignment on 2C 
 
 Endorsement, when intended as Col- 
 lateral Security 28 
 
 Of Vessel, to be recorded 132 
 
 NaturaliJiation, Regulations for 133 
 
 Naturalization, Forms of— 
 
 Declaration of Intention 183 
 
 Affidavit of pne who arrived under 18 134 
 
 Affidavit to prove Intention 134 
 
 Proof of •Residence, &.c 1.S4 
 
 Oath to support Constitution 135 
 
 Certificate of Citizenship 135 
 
 New Hampshire, Map of 170, 171 
 
 Special Laws of lfe9 
 
 New Jersey, Map of 214, 215 
 
 Special Laws of. 216 
 
 New York. Map of 204,205 
 
 Special Laws of 203 
 
 North Carolina, Map of. 244, 245 
 
 Special Laws of. 243 
 
 Note, Mortgage to secure 78 
 
 Notes, Promissory 98 
 
 Notes, Promissory, Forms of— 
 
 Not Negotiable 100 
 
 Negotiatjie by Endorsement 100 
 
 Negotiable without Endorsement... 100 
 Joint negotiable, payable at a Bank.. 101 
 Negotiable, payable in Merchandise. .101 
 
 Nejrotiuble on "Demand 101 
 
 On Demand with Interest, not Nego- 
 tiable 101 
 
 Ohio, Map oT 304,305 
 
 Special Laws of. 306 j 
 
 Orders 1( " 
 
 Orders, Forms gf— 
 
 For Money K 
 
 For Merchandise 
 
 To deliver Goods 103 
 
 Partnership 1 05 
 
 Partnership, Forms of— 
 
 Article of 108 
 
 Renewal of. Endorsement of 108 
 
 Dissolution of. Endorsement of 108 
 
 Property, Assignment of, to close... 36 
 
 Patents, Regulations for ff'rvnn-j l.'W 
 
 For what Pii'' ' 1... 138 
 
 To whom r.. .. 138 
 
 What will jM . . l,S8 
 
 Modeof pro<:< .. ;is \sj 
 
INDEX. 
 
 k 
 
 atetit Regulations and Forms— page. 
 
 Forms of Petition, Specification, and 
 
 Oath 139 
 
 Of tiie Examination of 141 
 
 Of Withdrawals .". 142 
 
 Retaining Patents in the Secret Ar- 
 chives 143 
 
 Of Appeals 143 
 
 Of Interferences 143 
 
 Reissues and additional Improve- 
 ments 143 
 
 Forms for the same 144 
 
 Disclaimers 144 
 
 Form of Disclaimer 145 
 
 Of Extensions 145 
 
 Of Designs 146 
 
 Forms necessary for the same. . . 14fi 
 
 Of Forei-rn Patents 146 
 
 Of Caveats 147 
 
 Form of Caveat 147 
 
 Penalties for Fraud 148 
 
 Of Assigrnments 148 
 
 Forms of Assis:nment 37, 148 
 
 Fees, how and where payable 149 
 
 Takintr Testimony 1.50 
 
 Rules of Correspondence 151 
 
 Of Amendments to Specifications. ... 151 
 Rules for reconsiderations of Decis- 
 ions 151 
 
 Of giving and withholding Informa- 
 tion 1.52 
 
 Pennsylvania, Map of. 222, 223 
 
 Special Laws of 221 
 
 Personal Property, Agreement for Sale of 11 
 
 Policy of Insurance, Assijrnment of 32 
 
 Postag-e, Rates of. United States and For- 
 ei iin 368-37 1 
 
 Power of Attorney 109 
 
 Power of Attorney. Forms of—- 
 
 General Power 109 
 
 Customhouse Power 110 
 
 To transfer Stock .111 
 
 Proxy, Power to vote by Ill 
 
 To Collect Debts 112 
 
 To Sell Real Estate 113 
 
 Substitution, to be endorsed on 113 
 
 Revocation of 113 
 
 Pre-emption, Instructions for, and Forma 
 
 of 153 
 
 For Lands subject, before Sept., 1841. 157 
 For Lands subject, since Sept., 1841.. 1.57 
 
 Declaratory Statement 157 
 
 Affidavit of Claimant 158 
 
 Affidavit, where Claimant dies 1,58 
 
 Preferred Creditors, Assignment for Ben- 
 efit of 33 
 
 Promissory Notes (see Notes, Promis- 
 sory) 98 
 
 Proxy. Power to vote by, Form of. Ill 
 
 Public Lands, Regulations of 156 
 
 Qualifications of Voters in the States 135 
 
 Quit-Claim Deed, by Husband and Wife 66 
 
 Rate of Interest (see Interest, Rate of). 
 
 Real Estate, Power of Attorney to bcU.. 112 
 
 Receipts 103 
 
 Receipts, Fonas of— 
 
 In Full 103 
 
 On Account 104 
 
 Fur !i Special Purpose 104 
 
 For Money paid by a Third Person.. 104 
 
 Receipts, Forms of— pagc 
 Of Interest to be endorsed on a Bond 104 
 In Full for a Special Account 104 
 
 Releases 114 
 
 Releases, Forms of— 
 
 Of Dower 84 
 
 General of all Demands 114 
 
 Of Part of Mortgaged Premises 115 
 
 Revocation of Power of Attorney 113 
 
 Rhode Island, Map of 194, 195 
 
 Special Laws of. 193 
 
 Rights of Married Women (see Married 
 Women, Laws Regulating Rights oO- 
 
 Satisfaction of Mortgage 116 
 
 By a Corporation 117 
 
 Servant's Indenture 20 
 
 Sherifi", Bond to Indemnify B4 
 
 South Carolina. Map of 248, 249 
 
 Special Laws of. 247 
 
 Special State Laws 161 
 
 Statute of Frauds (see Contracts, Laws 
 
 Regulating). 
 Stock, Agreement for Sale of. 15 
 
 Power of Attorney to transfer HI 
 
 Tennessee, Map of 294, 295 
 
 Special Laws of. 293 
 
 Texas, Map of 282,283 
 
 Special Laws of. 284 
 
 Treasurer or Trustee of an Association, 
 
 Bond of. 57 
 
 Trust-Deed 71 
 
 Vermont, Map of 176, 177 
 
 Special Laws of '. . . 178 
 
 Vessel, Bill of Sale of 48 
 
 Sale or M ortgage of to be Recorded . 132 
 
 Virginia, Map of. . .^ 238, 239 
 
 Special Laws of 237 
 
 Voters, Qualifications of, in each State . . . 135 
 
 W^arranty Deed 65 
 
 By Husband and Wife 67 
 
 Weights and Measures 379 
 
 Table of Foreign 381 
 
 Wills 119 
 
 Short Form of. 119 
 
 Codicil to 120 
 
 Devising Property to Trustees for 
 Special Purposes 121 
 
 Wills, Laws Regulating in— Maine, 168; 
 New Hampshire. 175; Vermont, 183; 
 Massachusetts, 192; Rhode Island, 
 197; Connecticut, 202; New York, 
 206 ; New Jersey, 220 ; Pennsylvania, ■ 
 226; Delaware, 231 ; Maryland, 236; 
 Virginia, 242; North Carolina, 246; 
 South Carolina, 251 ; Georgia. 257.; 
 Florida, 263; Alabama, 269; Missis- 
 eippi, 276 ; Louisiana, 281 ; Texas, 
 286; Arkansas, 292; Tennessee. 297 ; 
 Kentucky, 303; Ohio. 310; Michigan, 
 317; Indiana, 324; Illinois, 330; Mis- 
 souri, 336; Iowa, 340: Wisconsin, 348; 
 Minnesota, 356 ; California, 368. 
 
 Wisconsin, Map of 342, 343 
 
 Special Laws of 344 
 
 Wood, Agreement to sell and deliver.. . . 15 
 
 Women, Rights of Married (see Married 
 Women, Risrhts of). 
 
 Workman, Agreement for Hire of. 14 
 
THE 
 
 AMERICAN LAWYER. 
 
 AGREEMENTS. 
 
 An agreement or contract is the mutual consent of two or 
 more persons respecting anything done or to be clone. 
 
 Wlien reduced to writing, the memorandum or articles 
 containing the agi^eement, signed by the parties thereto, is 
 usually called an agreement. 
 
 It is advisable, in all cases, to reduce the agreements and 
 contracts of parties to writing ; not only because, in case of 
 dispute, the instrument is a more reliable and satisfactoiy 
 source of evidence than the memory of witnesses, but be- 
 cause, by statute, many agreements are void unless put into 
 writing and subscribed by the party to be charged. 
 
 But care must be taken to put the whole and exact contract 
 in writing, as verbal evidence will not be admitted to alter or 
 vary a written instrument. If erasures or interlineations are 
 made, the fact should be stated on the paper, that they wert 
 so done before the parties signed it. 
 
 In all agreements or contracts there must be a considei 
 tion flowing from tlie promisor to the promisee, such as llai 
 payment of money, the sale and delivery of property — somo- 
 thiiig wnerehy the promisee is benefited or the promisor juil 
 to inconvenience ; and this consideration shotild bo expiessed. 
 
 Contracts which militate against the public good can not 
 
10 AGREEMENTS. 
 
 be enforced — as a contract not to exercise one's trade or 
 calling at all, a contract to erect a public nuisance, &c. 
 
 It is understood, in every contract for work or labor, that 
 it shall be executed in a suitable and workmanlike manner, 
 whether it is so expressed in the contract or not. 
 
 If it is desired by both parties to an agreement to waive 
 the performance of a part of it, let it be so endorsed on the 
 back of the agreement, and signed by the party who so con- 
 cents to waive it. 
 
 The law of the state where the contract is made regulates 
 the construction of the contract ; the law of the state where 
 the contract is sought to be enforced regulates the remedy. 
 
 Amounts and dates should always be written out, and not 
 expressed in figures : thus, two thousand dollars, instead (>f 
 S2,000. 
 
 The words in italics, and names in capitals, are merely 
 inserted to show how the forms may be filled out. They 
 should be always omitted in drawing a paper, and such wordb 
 inserted as correspond with the facts in hand, and the actual 
 agreement of the parties. 
 
 Fraud destroys every contract into which it enters. 
 
 No. 1. — General Form of Agreement. 
 
 ®l)is ^^XttxazXiU made this Jlrst day of May, one thou 
 sand eight hundred oxidi fifty ,hetween John Doe, of the village 
 of Black Rock, in the county of Erie, and state of New York, 
 Wl of the first part, and Riciiaud Roe, of the city of Buffalo, in 
 ^B^ said' county and state, of the second part — * 
 ^^L iXJittlCSSCtl), that the said John Doe, in consideration of 
 ^^^Khe covenants on the part of the party of the second part 
 ^^^Rereinafter contained, doth covenant and agree to and with 
 ^^Hpie said Richard Roe, that \here insert the agreement on the 
 ^^^^art of John Doe]. 
 
 And the said Richard Roe, in consideration of the cove- 
 nants on the part of tlie party of the first part, doth covenant 
 
 * To avoid repetition, we have referred in the succeeding forms to certai)i 
 nnmbers, for the introductory matter of the form. For example in No. 5, tlie 
 lirbt part of No. 1 is to bo copied in that form as far ns tlie star. 
 
AGREEMENTS. 11 
 
 p,n(l agree to and with the said John Doe, that [here insert 
 eke agreevient on the jmrt of Richard Roe]. 
 
 t JFn tnitUCSS 0)l)Crcof, we have hereunto set our hands 
 and seals, the day and year first above written. 
 Signed, sealed, and deliv- ") 
 
 ered, in presence of I JOHN DOE (seal). 
 
 John Smith, f RICHARD ROE (seal). 
 
 James Short. j 
 
 [ When required, this clause may be inserted:} 
 
 ^\\ii it is fnrtl)Cr agrccb between the parties hereto, that 
 llie party that shall fail to perform this agreement on his part, 
 will pay to the other the full sum o^ fifty dollars, as liqui- 
 dated, fixed, and settled damages.}: 
 
 No. 2. — Agreement for the Sale and Delivery of 
 Personal Property. 
 
 (J^t)is 'Agreement, made this^r*^ day o^July, one thousand 
 eight hundred and fifty, between John Doe, of the village 
 of New Alhany, in the county o^ Floyd, and state of Indiana, 
 of the first part, and Richard Roe, of the city of Buffalo, in 
 the county of Erie, and state of New York, of the second 
 part — 
 
 IXJitncSSCtl), that the said John Doe, in consideration of 
 the covenants on the part of the said Richard Roe, doth cove- 
 nant to and with the said Richard Roe, that he will deliver 
 to the said Richard Roe, at his storehouse in Neto Alharty 
 aforesaid, one thousand bushels of wheat, of good merchant- 
 able quality, on or before the first day of September next. 
 
 And the said Richard Roe, in consideration of the cove- 
 nants on the part of the said John Doe, doth covenant and 
 agi'ee to and with the said John Doe, that he will pay to thei 
 said John Df)E at the rate of one dollar for each bushel ol 
 wheat so delivered, immediately on the completion of tl 
 delivery thereof 
 
 t This form of witnessinj^ and signing may be adopted in every legal xi 
 ment. except where a ditl'erent form is particularly given or directed to be 
 
 X When IV '• dnsired to fix the damagei for the violation of the rontrart. this 
 clauge may he 'nserted before the witnessing clause. It hag the udvnntago of 
 making certain the amount of damages to be paid, instead of leaving it to be 
 Mttled by a suit at law. or nn agreement between the partiei, ajifg^jj^^ntrnox 
 baa been viuluted. 
 
 
12 AGREEiMENTS. 
 
 Jilt tDXtncss tuljereof, the said parties have hereunto set 
 their hands and seals the day and year first above written. 
 Signed, sealed, and deliv- 1 
 
 ered, in presence of 1 JOHN DOE (seal). 
 
 John Smith, ( RICHARD ROE (seal). 
 James Short. \ 
 
 The foregoing form can be used for any description of per- 
 sonal property. 
 
 No. 3. — Agreement for Building. 
 
 (JTantract for Builbing, made the tenth day of July, one 
 thousand eight hundred n,i\di Jifty, by and between John Doe, 
 of Brooldyn, in the county of Kings, and state of New York, 
 of the first part, and Richard Roe, of New York, in the 
 county of New York, and state of Nnv York, of the second 
 part, in these words : the said party of the second part cove- 
 nants and agrees to and with tlie said party of the first part, 
 to make, erect, build, and finish, in a good substantial and 
 workmanlike manner, a three-story hrick dwelling-house, on 
 the lot of land situated [here insert description of lot\ agree- 
 able to the draught, plan, and explanation,* hereunto annexed, 
 ^ of good and substantial materials, by \\\% first day ai January 
 next. And the said party of the first part covenants and 
 agrees to pay unto the said party of the second part, for the 
 same, the sura of two thousand dollars laAvful money of the 
 United States, as follows : l^ie sum of one thousand dollars 
 when the huilding is enclosed, and the roof put on, and the 
 remaining one thousand dollars when the building is com- 
 ^ pleted. 
 
 H^ And for the true and faithful performance of all and every 
 ^^k of the covenants and agreements above mentioned, the parties 
 ^^■to these presents covenant and agree, each with the other, 
 ^^Khat the sum of one thousand dollars, as fixed, settled, and 
 ^^^bquidated damages, shall be paid to the other by the failing 
 ^^?arty. 
 
 Jn roitncss t»l)ereof, &c. \as in No. 1]. 
 
 * Tlie drangbts anrl explanRtions should be all signed by the parties to the agreement, 
 In onler that thoy muy be identified. 
 
AGREEMENTS. 13 
 
 No. 4.— Agreement for the Sale of Land. 
 
 Qlrticks of Agreement, made the ffth day of March, 
 one thousand eight'hundred Kwd^ffty, between John Doe, of 
 Rochester, in the county of Monroe, and state of Neio York, 
 of the first part, and Richard Roe, of Newhurgh, in the county 
 of Orange, and state of New York, of the second part, wit- 
 nesseth, that tlie said party of the first part, for and in con- 
 sideration of the sura oi fifty dollars, to him in hand paid, has 
 contracted and agreed to sell to the said party of the second 
 Dart, all that certain piece or parcel of land, situate in the 
 town of Newhurgh, in Orange county, and state of New York, 
 and which is bounded and described as follows, to wit : be- 
 ginning at, &c. [here insert description of the land]* 
 
 And the said party of the first part agrees to execute and 
 deliver to the said party of the second part a warranty deed, 
 for the said land : Provided, and upon condition nevertheless, 
 tljat the said party of the second part, his heirs or assigns, 
 pay to the said party of the first part, his heirs or assigns, for 
 the same land, the sum o^ five hundred dollars lawful money 
 of the United States of America, payable as follows : the sum 
 of two hundred and fifty dollars on the first day of June next, 
 and the further and remaining sum of two hundred and fifty 
 dollars on the first day of August in the year one th(jusand 
 eight hundred and fifty-two, together with lawful interest on 
 the same, from the date hereof: And the said party of the 
 second part, for himself, his hoirs, executors, and administra- 
 tors, doth covenant and agree, to and with the said party of 
 the first pait, his heirs and a-ssigns, that the said party of the 
 second part will pay the said several sums as they severally 
 become due, with the interest thereon, without deduction of 
 any taxes or assessments whatever. And it is further agreed 
 between the paj'ties to these presents, that if default be made 
 in fulfilling this agreement, or any part thereof, on the part. 
 of the said party of the second part, then, and in such case 
 the said party of the first part, his heirs and assigns, shall b 
 at liberty to consider this contract as forfeited and ainuiUe^ 
 and to dispose of the said land to any other person, in 
 same manner as if this contract had never been made. 
 
 Stt toitncss tDl)er£0f, &c. {as in No. 1]. 
 
 * in describinf^ land, buildings, &c., care should be had to mnltc fli(> . 
 tion M complete as powible, so as to be readily identified on 
 2 
 
14 AGREEMENTS. 
 
 No. 5.— Agreement for the Hiring of a Clerk or 
 "Workman. 
 
 (iri}is ^QXCCmcnU &c. [as in No. 1 to the * ] — 
 toitncss^tl), lliat the said John Doe has agreed to enter 
 the service of the said Richard Roe as clerk \or journeyman\ 
 and covenants and agrees, to and with the said Richard Roe, 
 that he will faithfully, honestly, and diligently, apply himself 
 and perform the duties of a clerk \or journeyman] in the store 
 [or sJiop] of the said Richard Roe, and faithfully obey all the 
 reasonable wishes and commands of the said Richard Roe, 
 for and during the space of one year from the first day of 
 December next, for the compensation o^ five hundred dollars 
 per annum, payable quarterly. 
 
 And the said Richard Roe covenants with the said John 
 Doe, that he will receive him as his clerk [or journeyman] 
 for the term of one year aforesaid, and will pay him for his 
 services as such clerk [or journeyman] the sum o^ five hun- 
 dred dollars annually, in quarter yearly payments. 
 
 %\\ toitness ttjiiereof, &c. [a& %n No. 1]. 
 
 No. 6. — Agreement for making and delivering 
 Boots. 
 
 (iri)is C^grccment, &c. [as in No. l to*] — 
 
 tOitncssetl), that the said'JoHN Doe, in consideration of 
 the covenants on the part of the party of the second part, to 
 be perf(Mmed, doth covenant and agree, to and with the said 
 Richard Roe, that he will, within [here insert the time] from 
 the date hereof, make and deliver to the said Richard Roe, 
 ten thousand pairs of boots, made from calfskin, of the first 
 quality, and of the following sizes [here insert sizes]. 
 
 And the said Richard Roe covenants to pay to the said 
 
 roHN Doe two dollars for each pair upon the completion of 
 
 le delivery of the said ten thousand pairs, if the same are 
 
 lelivered within [insert the time agreed upon] from the date 
 
 hereof as aforesaid. 
 
 In tDitncS0 U)l)CrC0f, &c. [as in No. 1]. 
 
AGREEMENTS. 15 
 
 No. 7.— Agreement for making Flour-Barrels. 
 
 * ®l)i5 Agreement, &c. [as in No. 1 to the * ]— 
 
 iDitnCSSetl), that John Doe, in consideration of the agi-ee- 
 rr.ent on the part of Richard Roe, to be performed, covenants 
 with the said Richard Roe, that he will make and deliver to 
 the said Richard Roe, during the term of one year next en- 
 suing from the date hereof, one thousand merchantable flour- 
 barrels in each weeky said flour-barrels to be made of good, 
 hard, well-seasoned white-oak stuff", and the hoops to be of 
 black ash. 
 
 And the said Richard Roe, in consideration thereof, agrees 
 to pay to the said John Doe at the rate of twenty cfents for 
 each barrel, such payment to be made on each thousand bar- 
 rels immediately on the delivery thereof, until the whole 
 quantity is made and delivered.* 
 
 Jn tnitncss toljcrcof, &c. [as in iVb. :)]. 
 
 No. 8. — Agreement to sell and deliver Cord-Wood. 
 
 ®l)is Agreement, &;c. [as in No. 1 to the *]. 
 
 tDitncssetl], that th6 said John Doe agrees to sell to the 
 said Richard Roe one thousand cords of wood, all of it to be 
 well seasoned, and to be of heech and maple only, and to de- 
 liver the same, securely corded, at the factory of the said 
 Richard Roe in the town aforesaid, for the price of tivo dol- 
 lars per cord, on the^r*^ day oi June next. 
 
 And the said Richard Roe, in consideration thereof, ag^rees 
 to pay to the said John Doe, for the said wood, at the rate 
 of two dollars for each cord of wood, immediately upon the 
 completion of the delivery thereof. 
 
 iJn toitncss tDl)ereof, &c. [as in No. 1]. 
 
 No. 9. — Agreement to sell Shares of Stock. 
 
 (Shis Agreement, &:c. [as in No. I to*] — 
 
 tOitncssetll, tliat, in consideration of the agreement 
 
 Richard Roe, hereinafter contained, the said John Doe 
 
 agrees to sell, traitsfer, and convey, to the said Richard Roe 
 
 The time Rn<l rate of payment may bo altf'rrd to rorroipond wilhjtlie ope 
 the 
 
 siaJ a^neineni oetvreen the pRrti«>i. 
 
 pond wilhUie 
 
 m 
 
LG AGREEMENTS. 
 
 on the tenth day of July next, one tJiousand shares of the 
 Glenville Manufacturing Company, now owned by the said 
 John Doe, and standing in his name on the books of said com- 
 pany, and to execute and deliver to the said Richard Roe all 
 necessary assignments, transfers, and conveyances, to assure 
 and convey the same to the said Richard Roe, his executors, 
 administrators, and assigns, for ever. 
 
 In consideration of which, the said Richard Roe, agrees 
 with the said John Doe to pay to him one hundred dollars 
 for each share of the said capital stock, on the said tenth day 
 oi July next. 
 
 Jn tMitness tnljcrcof, &c. [as in No. 1]. 
 
 No. 10. — Agreement to sell Groods in Store. 
 
 ®l)is ^gr^ement, &c. [as in No. 1 to * ] — 
 
 toitltessetl)^ that in consideration of the covenants on the 
 part of the said Richard Roe, hereinafter contained, the said 
 John Doe doth covenant with the said Richard Roe, that 
 he will take of the said Richard Roe all his stock of goods, 
 wares, and merchandise, now being in his store in the village 
 of Cooperstown, together with all the fixtures thereto belong- 
 ing ; an account of such stock of goods, wares, and merchan- 
 dise, to be taken by the parties hereto in the presence of each 
 other : and the said John Doe agrees to pay for them at the 
 mvoice price ; but if any of said goods be damaged, such dam- 
 aged goods, together with the fixtures aforesaid, to be valued 
 by two disinterested persons, one of whom is to be selected 
 by each of the parties hereto, and to pay for the same the 
 value or price that the said appraisers may agree to set upon 
 them as a fair valuation of the same ; and that in Jive days 
 after the value of said goods, wares, merchandise, and fixtures, 
 can be ascertained as aforesaid, said value is to be paid by 
 the said John Doe to the said Richard Roe. 
 
 And the said Richard Roe, in consideration thereof, agrees 
 to sell to the said John Doe the said goods, wares, and mer- 
 chandise, at the invoice price, and the fixtures and sucii goods 
 as may be damaged at such price as the appraisers appointed 
 as aforesaid may fix and determine ; and make, execute, and 
 deliver, to the said John Doe, a good and sufficient bill of 
 sale and conveyance thereof 
 
 3n toitness t»l)cveof, &c. [as in No. 1]. 
 
AGREEMENTS. IV 
 
 No. 11. — Agieement to cultivate Land on Shares. 
 
 @^t)i5 QVgreemcnt, &c. [as in No. 1 to*] — 
 toitnessetl), that the said John Doe agrees with the said 
 Richard Roe, that he will properly plough, harrow, till, fit, 
 and prepare for sowing, all that certain field of ground be- 
 longing to the said Richard Roe, which field lies, &c. [here 
 insert description of the Jield]^ containing about Jifti/ acres, 
 and to sow the same with good winter wheat, finding one half 
 of the seed wh^at necessary therefor, on or before the Jirst 
 day of Septemher next ; and that he will at the proper time 
 cur, harvest, and thrash, the said wheat, and properly winnow 
 and clean the same, and deliver the one half part, of the said 
 wheat to the said Richard Roe, at his ham, on his premises, 
 in the town of Washington aforesaid, near his dwelling-house, 
 within ten days after the same shall have been cleaned ; and 
 will carefully stack the one half part of the straw on the 
 premises of the said Richard Roe, near to his barn aforesaid. 
 And the said Richard Roe, in consideration of the forego- 
 ing agr-eement, promises and agrees, to and with the said 
 John Doe, that he may enter in and upon the said field for 
 the pui-pose of tilling and sowing the same, and of harvesting 
 the crop ; and free ingress and egress have and enjoy for the 
 purposes aforesaid ; and that he will furnish to the said John 
 Doe one half part of the seed wheat necessary to sow the 
 same, on or before the Jirst day of September next, and per- 
 mit the said John Doe to thrash and clean the wheat upon 
 the premises of the said Richard Roe. 
 
 Jn toitncss to hereof, &c. [as in No. 1]. 
 
 No. 12. — Agreement for the Sale of Horse. 
 
 ffi!)is '3l9rccmcntt &c. [as in No. l to the • ] — 
 toitnessetl), that the said John Doe hereby agrees to sell 
 to the said Richard Roe his dark-hay horse, with a tvhiti 
 ttar in the forehead, and hlack mane and tail, and to warrnni 
 the said horse to be well broken, to be kind and gentle, both 
 under the saddle and in single and double harness, to be 
 sound in every respect and free from vice — for the sum of 
 One hundred dollars, to be paid by the said Richard Rob on 
 the tenth day of May next. 
 
 2» 
 
18 ' AGREEMENTS. 
 
 Ill consideration whereof, the said Richard Roe agi'ees to 
 purchase the said horse, and to pay therefor to the said John 
 Doe the sum of one hundred dollars, on the tenth day of. May 
 next. 
 
 In mUUBB m\\CXCOff &c. [as in No 1]. 
 
 No. 13. — Agreement for Sale and Purchase of 
 Fruit-Trees. 
 
 ®l]is Agreement, &c. [as in No. \ to*] — 
 
 toitncssetl), fhat the said John Doe agrees to sell and 
 deliver to the said Richard Roe, at his dwelling-house in 
 Springjlel^ aforesaid, Jive hundred apple-trees, two hundred 
 and fifty peach-trees, two hundred plum-trees, one hundred 
 pear-trees, and fifty nectaiine-trees, all in good order for 
 transplanting, in the month of May next, for the following 
 prices, namely : for each hundred apple-trees, twenty dollars ; 
 for each himdred peach-trees, fifteen dollars; for each hun- 
 dred plum-trees, thirty dollars ; for each hundred pear-trees, 
 twenty five dollars ; and for each fifty nectarine-trees, ten 
 dollars.* 
 
 And the said Richard Roe, in consideration thereof, agrees 
 to purchase the trees aforesaid, in the quantity aforesaid, and 
 at the prices aforesaid ; and to pay to the said John Doe the 
 price therefor in cash upon the delivery of the said trees. 
 
 Jn tDitne0s ujl)ereof, &c. \as in No. i]. 
 
 
 No. 14. — Agreement for Barter. 
 
 8i:i)is Agreement, &c. [as in No. l to * ] — 
 
 toitncssetl), that the said John Doe, in consideration of 
 the agreement of the said Richard Roe, hereinafter con- 
 tained, agrees to deliver to the said Richard Roe, on or be- 
 fore the first day of October next, one thousand bushels of 
 otatoes, at the dwelling-house of the said Richard Roe. 
 
 And the said Richard Roe, in consideration thereof, agrees 
 to deliver to the said John Doe, at his dwelling-house, on oi 
 before the first day of October next, two hundred and fifty 
 bushels of good, clean, merchantable wheat. 
 
 Jn toitncss tDl)creof» &c. [as in No. l\. 
 
 * The number of trees and the price may be varied to correspond witli ih^ 
 agreement between the parties. 
 
AGREEMENTS 19 
 
 No. 15.— -Agreement for the Sale of Animals. 
 
 or I) is Agreement, &c. [as in No. 1 to *] — 
 
 toitncssctl), that in consideration of the agreement of the 
 said Richard Roe, hereinafter contained, the said John Jj<,l 
 agiees to sell and deliver, on the ^r*^ day of June next, to 
 the said Richard Roe, at his store in Bennington, one* yoke 
 of four -year old oxen. 
 
 And the said Richard Roe, in consideration thereof, agreea 
 to pay to the said John Doe sixty dollars immediatelv upon 
 the delivery thereof. 
 
 lixi tDitness tD hereof, &c. [as in No. 1]. 
 
 No. 16. — Apprentice's Indenture.* 
 
 8^l)is Jnbentnre toitncssetl), that James Doe, of the^oM?^ 
 of Cooperstown, in the county of Otsego, and state of New 
 York, now aged eighteen years, by and w^ith the consent of 
 John Doe his father, hath voluntarily, and of his own free 
 will and accord, put and bound himself apprentice to Rich- 
 ard Roe, of the city of Rochester, in the county of Monroe, 
 and state of New York, to learn the art, trade, and mystery 
 of a hatter, and as an apprentice, to serve from this date, 
 for and during and until the full end and term of three years 
 next ensuing ; during all which time, the said apprentice his 
 master faithfully, honestly, and industriously shall serve, his 
 secrets keep, all lawful commands everywhere readily obey, 
 and at all times protect and preserve the goods and property 
 of said master, and not suffer or allow any to be injured or 
 wasted ; he shall not buy, sell, or traffic with his own goods. 
 or the goods of others, nor be absent from his said master'? 
 service day nor night, without leave, and in all things behave 
 himself as a faithful apprentice ought to do, during the said 
 term. And the said master shall use and employ the utmost 
 of his endeavors to teach, or cause him, the said apprentice, 
 to be taught or instructed, in the art, ti'ade, and mystery of 
 hatter, and ofmakivg and finishing hats in all its branches^ 
 
 • An indenture ia an instrament, under seal, indented or notched at the. 
 •' inxtnr derUium," like the teeth of a saw. Most of the states have spi 
 rejoilations in regard to the rights and duties of the parties, which shouf 
 ohservrd. ^ 
 
 ♦ The conditions in reernrd to board and lodirings, and the rate of wncf-a with 
 the time of payment, Hhould iiero be iuaertcd, according to the terms of agree- 
 n»unt made between the parties. 
 
20 AGREEMENTS. 
 
 And for the true performance of all and singular the cove- 
 nants and agreements aforesaid, the ^a7ties bind themselves 
 each unto tlie other, firmly by these presents. 
 
 Sn toitness tul^ereof, the parties aforesaid have hereunto 
 set their hands and seals, the tenth day of July, in the year 
 one thousand eight hundred^and fifty. 
 Sealed and delivered ") 
 
 in the presence of 1 JAMES DOE (seal). 
 
 John Smith, [ RICHARD FOE (seal). 
 
 Peter Jones. \ 
 
 T do her€*by consent to, And approve of, the binding of my 
 son, James Doe, as in the above indenture mentioned. 
 
 Cooperstown, July 10, A. D. 1850. JOHN DOE. 
 
 No. 17.— Servant's Indenture. 
 
 S^l)i5 Jitbcntnre toitncsSCtI), that John Doe, now aged 
 seventeen years, of the cHij of Boston, in the county of Suffolk. 
 and state of Massackusetts, by and with the consent of Wil- 
 liam Doe, his father, hath voluntaiily, and of his own free 
 will and accord, put and bound himself servant to Richard 
 Roe, of the same place, and as a domestic servant, to serve 
 from the date hereof, for and until the full end and term of 
 his minority ; during- all which time, the said servant his mas- 
 ter faithfully, honestly, and industriously shall serve, all law- 
 ful commands everywhere readily obey, protect and preserve 
 uie goods and property of his said master, and not suffer or 
 allow any to be injured or wasted; he shall not be absent 
 from service without leave, and in all things and at all times 
 behave as a faithful servant ought to do. And the said Rich- 
 L ARi> Roe shall and will furnish and provide the said servant, 
 Wk duiing the contim "^nce of the said term, with suitable and 
 Hk sufficient boaid, lodging, and washing ; and in case of sick- 
 ^^^k ness, with medical attendance, dare, and medicines. 
 ^^^L And for the true performance of all and singular the cov- 
 ^^Benants and agreements aforesaid, the said parties bind them- 
 ^^H^ves, each unto the other, firmly by these presents. 
 ^^^m '^^ tuitncss tcljcreof, &c. [as in No. 16]. 
 ^^^B| I do hereby consent to, and approve of, the binding of mj 
 son, John Doe, as in the above indenture mentioned. 
 Boston, Novemher 1, 1850. WILLIAM DOE 
 
AKBITRATJON. 2i 
 
 ARBITRATION. 
 
 AuBiTRATioN IS an agreement by parties who have a con- 
 troversy, to submit that controversy or difference to the de- 
 cision of a third party. 
 
 AVhen the matters in difference are simply th(^se of fact or 
 opinion merely, it is often more expeditious and satisfactory 
 to submit them to the decision of mutual friends than to the 
 regularly -constituted authorities.* 
 
 The agreement to refer matters in difference to the decision 
 of a third party, is called a submissiaa,. 
 
 The decision of the arbitrators is called an award. 
 
 The aw^ard should be specific and distinct, containing the 
 decision of the arbitrators in as clear and concise language 
 as possible. 
 
 When the arbitration is under a rule of court, the award 
 should be sealed up and delivered to the court without delay. 
 
 The following oath should be taken by the persons chosen 
 as arbitrators, before entering upon the examination of the 
 matters in dispute : — ^ 
 
 We, the undersigned, arbitrators, appointed by and be- 
 tween John Doe and Richard Roe, do swear fairly and faith- 
 fully to hear and examine the matters in controversy between 
 the said Joh.\ Doe and Richard Roe, and to make a just 
 award according to the best of our understanding. 
 
 JOHN JONES, 
 HENRV SMITH, 
 THOMAS SHARPE. 
 
 Sworn to, this fifUcnth day of October, A. D. IS5-, before 
 me — 
 
 John Richter, Justice of the Peace 
 
 Oath to be administered to a witness by arbitrators : — 
 You do solemnly swear that the evidence you shall give to 
 the arbitrators here present in a certain controversy wuhmit* 
 ted to them by and between John Doe and Richard Roe, 
 shall be the truth, the whole truth, anfl nothing but tlio truth; 
 80 help you God. 
 
22 AilBITlCATlON. 
 
 No. 18. — Form of Submission. 
 
 HnotD all MXtn bjl tl)CSe JJreaentS, that whereas a contro- 
 versy is now existing between John Doe, of the city or Netc 
 York, in the county of New York, and state of New York, and 
 Richard Roe, o^ the same place, concerning the sale, warrant i/, 
 and sou7idness, of a certain horse, which it is alleged was sold 
 by the said John Doe to Richard Roe aforesaid, upon a 
 warranty that the said horse was sojind in every respect, and 
 ichich horse, it is alleged, is not and was not at the time of 
 such sale sound in every respect : 
 
 Now, therefore, we the s«id John Doe and Richard Roe 
 do hereby submit the said controversy to the decision and 
 arbitration of John Jones, Henry Smith, and Thomas 
 Sharpe, all of New York aforesaid, or to any two of them ; 
 and do covenant each with the other that we will in all thinga 
 faithfidly keep, observe, and abide by, the decision and award 
 that they or any two of them may make in writing in the 
 premises under their hands, ready to be delivered on or be- 
 fore the^r*^ day of October next. 
 
 ^nb it is fnrt()er agreeir between the parties hereto, 
 that the party that shall fail to keep, abide by, and observe 
 the decision and award that shall be made according to the 
 foregoing submission, will pay to the other the sum of two 
 hundred dollars, as liquidated, fixed, and settled damages. 
 
 u3itU00S our hands and seals, this tenth day of October ^ 
 one thousand eight hundred and fifty. 
 Sealed and delivered ^ 
 
 in the presence of 1 JOHN DOE (seal). 
 
 John Smith, [ RICHARD ROE (seal). 
 
 John Stone. J 
 
 k 
 
 No. 19. — Arbitration Bond. 
 
 KnotD all iHen bg tl)ese presents, that I, John Doe 
 
 f the city of New York, in the county of New York, and state 
 of New York, am held and firmly bound unto Richard Roe, 
 of the same place, in the sum oi five hundred dollars, lawful 
 money of the United States of America, to be paid to the said 
 Richard Roe, his executors, administrators, or assigns ; for 
 which payment, well and truly to be made, I bind myself, my 
 beirs, executors, and admini^tratois, each and ever^ of lliem 
 
ARBITRATION. 23 
 
 firmly by ihese presents. Sealed with my seal. Dated the 
 twelfth day of October, one thousand, eight hundred, and 
 
 ®I)e fonbition of the above obligation is such, that if the 
 above-bounden John Doe shall well and truly submit to the- 
 decision of John Jones, Henry Smith, and Thomas Sharpe, 
 or the majority of them named, selected and chosen arbitra- 
 tors, as well by and on the part and behalf of the said John 
 Doe as of the said Richard Roe, between whom a contro- 
 versy exists, to hear all the proofs and allegations of the par- 
 ties of and concerning the sale, warranty, and soundness, of a 
 certain horse, which it is alleged is unsound, and that it was 
 sold hy the said John Doe to the said Richard Roe with 
 warranty that it was in every respect sound — and all matters 
 relating thereto ; and that the award of the said arbitrators 
 be made in writing, subscribed by them or the majority of 
 them, and attested by a subscribing witness, ready to be de- 
 livered to the said parties on or before the first day of No- 
 vember next. But before proceeding to take any testimony 
 therein, the arbitrators shall be sworn " faithfully and fairly 
 to hear and examine the matters in. controversy between the 
 parties to these presents, and to make a just award according 
 to the best of their understanding." And the said parties to 
 these presents do hereby agree, that judgment in the supreme 
 court of the said state shall be rendered upon the award which 
 may be made pursuant to this submission, to the end that all 
 matters in controversy in that behalf, between them, shall be 
 finally concluded — then the above obligation to be void, other- 
 wise to remain in full force and virtue. 
 Signed, sealed, and deliv- 
 
 JOHN DOE (seal). 
 
 RICHARD ROE (stalj. 
 
 ered, in presence of 
 
 Peter J^'enny, 
 
 Hiram Jones. 
 
 Another bond should be executed by Richard Roe to Johu 
 Doe, similar to this in every respect, except reversitig tli 
 names 
 
AHBlfRAnOi'^. 
 
 No. 20. — Award of Arbitrators. 
 QTo all to tDl)om tliese Presents 6l)aU come or map 
 
 COUCCritj Greeting : We, John Jones, Henry Smith, ami 
 'Thomas Suarpi. to whom was submitted as arbitrators the 
 matters in controversy existing between John Doe and Ricn- 
 \RD Roe, both of the city of New York, in the county of New 
 York, and state of New York, as by the condition of their re- 
 spective bonds of submission, executed by the said parties 
 respectively, each unto the other, and bearing date the twelfth 
 day of October, one thousand eight hundred and fifty, more 
 fully appears. 
 
 Now, therefore, know ye, that we the arbitrators men- 
 tioned in the said bonds, having been first duly sworn accord- 
 ing to law, and having heard the proofs and allegations of the 
 parties, and examined the matters in controversy by them 
 submitted, do make this award in writing : that is to say, the 
 said John Doe did sell to the said Richard Roe a certain 
 horse on the fifteenth day of September last, warranting him 
 to be sound in every respect, for the price of one hundred and 
 fifty dollars ; the said horse is and was at the time of such 
 sale unsound, and worth only the sum of forty dollars ; and 
 the said John Doe should pay to the said Richard Roe one 
 hundred and ten dollars for the difference in price, and thirty 
 dollars for the expenses of keeping him, besides the costs of 
 this arbitration. 
 
 Sn roitness tDl)ereof, we have hereunto subscribed these 
 presents, this yi/'5i day cf November, one thousand eight hun- 
 dred and fifty. 
 
 In the presence of ) JOHN JONES, 
 
 Petkr Penny, S- HENRY SMITH, 
 
 Hiram Jones. \ THOMAS SHARPE. 
 
ASSIGNMENTS. 2Q 
 
 ASSIGNMENTS. 
 
 An assignment is a transfer of one man's interest in prop- 
 eity to another, enabling the person to whom it is assigned 
 ro have the same control over the thing assigned as though 
 he were the original owner. 
 
 An assignment made with the intent to hinder, delay, or 
 defraud creditors or othei persons, is void. 
 
 An assignment may be made for the benefit of the one to 
 whom it is made ; or partly for his benefit and partly in trust 
 for the benefit of others ; or wholly in trust for the benefit of 
 others. 
 
 If there be reserved in an assignment any profit, benefit, or 
 advantage, to the one making tfie assignment, this will be con- 
 clusive evidence of fraud ; and the assignment would be at 
 once set aside on the application of creditors prejudiced by it. 
 
 But the assignee may employ the assignor in settling up 
 the claims and such like business necessary to be done. 
 
 An assignment, like any other conveyance, of an interest in 
 lands, should be immediately acknowledged and propeny 
 recorded. 
 
 An assignment to a near relation is always looked upor. 
 with great suspicion by the courts ; and, unless made with 
 entire good faith, and for a valuable consideration, will be set 
 aside on the application of creditors upon whom it operates 
 a8 a fraud. 
 
 No. 21.— General Form of Assignment 
 KnoTD all XHen bii these presents, that I, John Doe, 
 
 vifhin named, in consideration ot fifty dollars, to me m ham 
 
 111* by RicHAKD Roe. of the citi/ of Boston, in the county 
 ■^"ffolk, and state of Massachusetts, tiie receipt wliercuf 
 
 ' It will hardly be neccssa.y to caution a prudent person againnt parting with 
 t)io poaaoMJcn or an inmrament acknowledging the receipt of tiie conBideration 
 an::! it ha« actually been paid. 
 
26 ASSIGNMENTS. . 
 
 hereby acknowledged, have sold and assigned, and by these 
 presents do sell and assign, to the said Richard Roe, the 
 within instrument in writing, and all my right, title, and in- 
 terest in and to the same, authorizing him, in my name or 
 otherwise, but at his own expense, to enforce the same ac- 
 cording to the tenor thereof. 
 
 3n XoitnCQQ tDl)erjeof, I have hereunto set my hand and 
 seal, this ^rst day of July, one thousand eight hundred and 
 
 My- 
 
 JOHN DOE fsealj. 
 Sealed and delivered in presence of ^ 
 John Smith, > 
 
 John Stone. ) 
 
 The foregoing form to be endorsed on the instrument 
 assigned. . 
 
 k 
 
 No. 22. — Assignment of Bond. 
 Unoto all Men b^ i\)CBc JJreaents, that I, John Doe, 
 
 of the citi/ of Rochester, in the county of Monroe, and state 
 of New York, of the first part, for and in consideration of the 
 sum of one thousand dollars, lawful money of the United States 
 of America, to me in hand paid by Richard Roe, of the city 
 of Brooklyn, in the county of Kings, and state of New York, 
 of the second part, at or before the ensealing and delivery 
 of these presents, the receipt whereof is hereby acknowledged, 
 have bargained, sold, and assigned, and by these presents do 
 bargain, sell, and assign, unto the said party of the second 
 part, his executors, administrators, and assigns, a certain writ- 
 ten bond or obligation and conditions thereof, bearing date 
 the ^rst day of January, one thousand eight hundred and 
 fifty, executed by John Smith, of the city of New York, in 
 the county of New York, and state of New York, to me, con- 
 ditioned for the payment of twelve hundred dollars, on the 
 first day of May next, with interest, and all sum and sums 
 of money due, or to grow due thereon. And the said party 
 of the first part doth covenant with the said party of the sec- 
 ond part, that there is now due on the said bond or obliga- 
 lioii, according to the conditions thereof, for principal and 
 interest, the sum of twelve hundred and forty-two dollars, and 
 doth hereby authorize the said party of the second part, in 
 his name to ask, demand, sue for, recover, receive, aiid enjoj, 
 
ASSIGNMENTS. 
 
 2i 
 
 the money due, and that may grow due thereon, as afore- 
 said. 
 
 3X1 tnitncSS tX)l)Crcof, I have hereunto set my hand and 
 seal, this jifth day of Juli/, one thousand eight hundred and 
 
 Ml/' 
 
 JOHN DOE fscalj. 
 
 Sealed and delivered in the presence of 
 Peter Pepper, 
 John Stone. 
 
 No. 23.— Assignment of Mortgage. 
 HnoxD all fUcn bg tl)cse presents, that I, John Doe, 
 
 of the toum of White Plains^ in the county of Westchester, 
 and state of New York, of the first part, in consideration of 
 ihe sum of two thousand dollars, law^fiil money of the United 
 States, to me in hand paid by Richard Roe, of the same 
 place, of the second part, at or before the ensealing and de- 
 livery of these presents, the receipt whereof is hereby ac- 
 knowledged, have granted, bargained, sold, assigned, trans- 
 ferred, and set over, and by these presents do grant, bargain, 
 sell, assign, transfer, and set over, unto the said party of the 
 second part, a certain indenture of mortgage, bearing date 
 the tenth day of April, in the year one thousand eight hun- 
 dred and Jifti/, made by Hiram Smith, of the toton of White 
 Plains, in the county of Westchester, and state of New York, 
 to secure the sum of two thousand dollars, together with the 
 bond or obligation therein described, and the money due and 
 to grow due thereon, with the interest. (Ja IjatJe axit lo 
 |)Olu the same unto the said party of the second part, his ex- 
 ecutors, administrators, and assigns, for his sole use, benefit, 
 and behoof, for ever, subject only to the proviso in the said 
 indenture of mortgage mentioned : and 1 do hereby make, 
 constitute, and appoint, the said party of the second part my 
 true and lawful attorney, irrevocable, in my name or other 
 wise, but at his proper costs and charges, to have, use, an 
 take, all lawful ways and means for the recovery of the sai 
 money and interest; and in case of payment, to discharge t 
 same as fully as I might or could do if these presents we 
 not made. 
 
 And I covenant, for myself, my heirs, executors, and ad- 
 ministrators, that I am the true and lawful owner of the sai<l 
 
28 ASSIGNMENTS. 
 
 bond and mortgage, and that I have just right, full power 
 and authority to sell, assign, and dispose of the same ; and 
 that there is now owing thereon the said principal sum oi two 
 thousand dollars, together with the interest thereon, from the 
 Jirst day of August last past. 
 Jn XDitnesB tol)erjeof, &c. [as in No. 22]. 
 
 No. 24. — Assignment of Mortgage to be endorsed 
 thereon.* 
 
 I, John Doe, in consideration of Jive hundred dollars, to me 
 in hand paid by Richard Roe, of the city of Hartford, in the 
 county of liar fjord, and state of Connecticut, the receipt where- 
 of is hereby acknowledged, do hereby assign, transfer, convey, 
 and set over, unto the said Richard Roe, the within inden- 
 ture of mortgage and the bond accompanying the same, and 
 all my right, title, and interest, in and to the same, and do 
 authorize the said Richard Roe, in my name or otherwise, 
 but at his own costs and charges, to collect and obtain pay- 
 ment of the same. And T covenant that there is now owing 
 for principal upon the said bond and mortgage the sum of 
 ^ve hundred dollars, and interest from the jirst day of Jul//, 
 one thousand eight hundred and Jifty ; and that I am the 
 owner thereof, and have good right to sell the same.t 
 
 Jn mtneB5 tulji^reof, &c. [as in No. 22]. 
 
 No. 25. — Assignment to be endorsed on Mortgage 
 when intended as Collateral Security. 
 
 I, John Doe, in consideration, &c. [as in No. 24 to t ]. 
 But this assignment is upon this express condition, that if the 
 said John Doe, his heirs, executors, administrators, or assigns, 
 shall well and truly pay or cause to be paid unto the said 
 Richard Roe the sum of Jive hundred dollars, on or before 
 the ^rst day of Jul?/, one tliousand eight hundred and Jifty- 
 xght, with interest thereon from the date hereof — then this 
 
 ignment to be void : 
 
 But if the said Richard Roe, his executors, administrators, 
 
 * The regulations of the respective states, in regard to acknowledging and 
 fecording interests in landed property, will be found described on pages 150 
 io 341, 
 
ASSIGNMENTS. 2? 
 
 or assigns, shall collect the money securei hy the bond and 
 mortgage hereby assigned ; then, after taking therefrom the 
 said sum o^ Jive hundred dollars, with interest thereon from 
 the date hereof, and the amount of the costs and charges prop- 
 erly incurred in and about the collecting thereof, he or they 
 shall pay over the surplus (if any) to the said John Doe, his 
 executors, administrators, or assigns. 
 
 Jn toitness toljcrcof, we have hereunto set our hands 
 and seals, this Jirst day of October, one thousand eight hun- 
 dred and Jifty. 
 Signed, sealed, and deliv- ") 
 
 ered, in presence of 1 JOHN DOE (seal). 
 
 John Smith, [ RICHARD ROE (seal I 
 
 James Short. \ 
 
 No. 26. — Assignment of a Debt 
 Kncm all illen bg tljese JJrcsento, that I, John Doe, 
 
 of the city of New Orleans, in the parish of Orleans, and state 
 of Louisiana, in consideration of one thousand dollars to mo 
 in hand paid by Richard Roe, of the same place, the receipt 
 whereof I hereby acknowledge, have sold, transferred, and 
 assigned, unto the said Richard Roe, a certain debt due and 
 owing to me from John Smith, of the city of Cincinnati, in 
 the coun»y oi Hamilton, and state of Ohio, for [here state the 
 consideration or cause of indebtedness], amounting to twelve 
 hundred dollars : 
 
 And I do hereby authorize the said Richard Roe, in my 
 name or otherwise, but at his own costs, to sue for, collect, 
 and receive, sell and transfer, settle and discharge, the said 
 debt. 
 
 And T do covenant that the said sum of twelve hundred dol- 
 lars is justly owing and due to me from the said John Smith, 
 and that I have neither done nor will do anything to lessen 
 discharge the said debt, or hinder the said Richard Roe 
 his assigns from collecting the same. 
 
 Ju witness tDl)Creof, &c. [as in No. 22]. 
 3* 
 
^ 
 
 30 ASSIGNMENTS. 
 
 No. 27. — Assignment of Judgment 
 
 ®l)is Jfnbenture, made t\iG Jlrst day of October, one thou- 
 sand, eight hundred and fifty, between John Doe, of the 
 town of Winchester, in the county of Cheshire, and state of 
 New Hampshire, of the first part, and Richard Roe, of the 
 %ame place, of the other part : Whereas, the said party of the 
 first part, on the^r*^ day o^ June, one thousand eight hundred 
 miA. fifty, recovered by judgment in the superior cow t of the 
 state of New Hampshire, against John Short, the sum of ten 
 thousand dollars : 
 
 NotD tl)is Inbenture toitnessetl), that the said party of 
 the first part, in consideration of ten thousand dollars, to him 
 duly paid, hath sold, and by these presents doth assign, trans- 
 fer, and set over, unto the said party of the second part, and 
 his assigiis, the said judgment, and all sum and sums of money 
 that may be had or obtained by means thereof, or on any prt)- 
 ceedings to be had thereupon. And the said party of the 
 first part doth hereby constitute and appoint the said party 
 of the second part, and his assigns, his true and lawful attor- 
 ney irrevocable, with power of substitution and revocation, 
 for the use and at the proper costs and charges of the said 
 party of the second part, to ask, demand, and receive, and to 
 sue out executions, and take all lawful ways for the recovery 
 of the money due or to become due on the said judgment ; 
 and on payment, to acknowledge satisfaction, or discharge the 
 same : and attorneys one or more under him for the purpose 
 aforesaid, to make and substitute, and at pleasure to revoke ; 
 hereby ratifying and confirming all that his said attorney or 
 substitute shall lawfully do in the premises. And the said 
 party of the first part doth covenant that there is now due on 
 the said judgment the sum of ten thousand dollars, and that 
 he will not collect or receive the same, or any part thereof, 
 nor release or discharge the said judgment, but will own and 
 allow all lawful proceedings therein, the said party of the 
 second part saving the said party of the first part harmless of 
 and from any costs in the premises. 
 
 Jn toitncSS m\)tXtof^ the party of the first part hath 
 hereunto set his hand and seal the day and year first above 
 writren. JOHN DOE (seal). 
 
 Sealed and delivered hi the presence of 
 John Smith, 
 Peter Jones. 
 
ASSIGNMENTS. 31 
 
 No. 28. — Assignment of Lease. 
 Itnou) all Men bg tljeae preaents, that I, John Doe, 
 
 of the city of Boston^m the county of Suffolk, and state of 
 Massachusetts, for and in consideration of the sum of one hun- 
 dred dollars, lawful money of the United States, to me duly 
 paid by Richard Roe, of the same place, have sold, and by 
 these presents do grant, convey, assign, transfer, and set 
 over, unto the said Richard Roe, a certain indenture of 
 lease, bearing date the first day of April, in the year one 
 thousand eight hundred ^ndi fifty, made by James Smart, of 
 the city of Boston aforesaid, to me for the terra of twenty 
 years, reserving unto the said James Smart the yearly rent 
 of two hundred dollars, payable quarterly, with all and sin- 
 gular the premises therein mentioned and described, and the 
 buildings thereon, together with the appurtenances. QTo 
 1)000 tttlb to \\o\\i the same unto the said Richard Roe, his 
 executors, administrators, and assigns, from the first day of 
 May next ensuing, for and during all the rest, residue, and 
 remainder, yet to come of and in the term of twenty years 
 mentioned in the said indenture of lease : subject, neverthe- 
 less, to the rents, covenants, conditions, and provisions, therein 
 also mentioned. [And I do hereby covenant, grant, promise, 
 and agree, to and with the said Richard Roe, that the said 
 assigned premises now are free and clear of and from all for- 
 mer and other gifts, grants, bargains, sales, leases, judgments, 
 executions, back rents, taxes, assessments, and encumbrances, 
 whatsoever.] 
 
 Jn tnitneas toljereof, &c. [as in No. 22]. 
 Instead of the clause within brackets, the following may be 
 used: — 
 
 And I do hereby covenant and agree, to and with the said 
 Richard Roe, that the said assigned premises are free and 
 clear of and from all other gifts, grants, bargains, sales, leases 
 end encumbrances, by me suffered, made, or created. 
 
32 -. ASSIGNMENTS. 
 
 No. 29. — Assignment of Policy of Insurance.* 
 
 Knoip all Men bg tljese Presents, that I, John Doe, 
 
 rf the city of St. Louis, in the county of St. Louis, and state 
 of Missouri, for and in consideration of the sum of Jive hun- 
 dred dollars, lawful money of the United States, to me in 
 hand paid by Richard Roe, of the same place, the receipt 
 whereof is hereby acknowledged, do hereby sell, assign, trans- 
 fer, convey, and set over, unto the said Richard Roe all my 
 right, title, interest, claim, and demand, in and to the within 
 named policy of insurance, and all sum and sums of money, 
 interest, benefit, and advantage whatever, now due or which 
 may hereafter arise, or to be had or made, by virtue thereof, 
 t' have and to hold the same unto the said Richard Roe, his 
 heirs and assigns, for ever. 
 
 In witness tDl)ereof, &c. [as in No. 22]. 
 
 No. 30. — Assignment for the Benefit of all Credit- 
 ors equally. 
 
 HnoMJ all Mzn bg tl)ese ^presents, that I, John Doe, 
 
 of the town of Milford, in the county of New Haven, and 
 state of Connecticut, for value received, have sold, and by 
 these presents do grant, sell, assign, and convey, unto Rich- 
 ard Roe, of the same place, all the accounts, debts, dues, 
 notes, bills, bonds, and demands, enumerated and specified in 
 the schedule hereunto annexed, and marked ** Schedule ^ ;" 1 
 to have and to hold the same, unto the said Richard Roe and 
 his assigns : 
 
 In trust to collect, sue for, demand, receive, and recover, 
 all such sums of money as may be due, owing, and payable 
 thereon ; and after paying all reasonable and proper costs, 
 charges, and expenses, to pay to each and all of my creditors 
 the full sum that may be due and owing to them from me, 
 ^' of whom the said Richard Roe is one, and a full and com- 
 plete list of whom, with the true amount due to each, is con- 
 tained in the schedule hereto annexed, marked " Schedule 
 B ;" and if the proceeds of the said notes, accounts, bonds, 
 
 * Tliis assignment must be endorsed on the insurance policy, and approval of 
 the insurers attested by the signature of one of the principal officers of the insu- 
 rance company. 
 
 t The schedules should state the assignment to which they belong, and be 
 dated and signed by the parties, for the purpose of identification. 
 
ASSIGNMENTS. 33 
 
 and so forth, be not sufficient fully and entirely to pay off and 
 satisfy each and all of my creditors, then to pay them -pro rata 
 in proportion to the amount due and owing to each. And if 
 the proceeds as aforesaid shall be more than sufficient to pay 
 and satisfy every one of my creditors, then to pay and return 
 to me the balance that may be left, if any, after paying all my 
 creditors as aforesaid. 
 
 And I do hereby nominate, constitute, and appoint, the said 
 Richard Roe my true and lawful attorney, irrevocable, in my 
 name or otherwise, for the purpose aforesaid, to ask, demand, 
 sue for, collect, receive, and recover, all and singular such 
 sum or sums of money as now are or hereafter may become 
 due, upon, for, or on account of any of the property, effiicts, 
 things in action, or demands above assigned ; giving aiid 
 granting unto my said attorney full power and authority to 
 do and perform every act, deed, and thing, requisite and ne- 
 cessary m the premises ; as fully, to all intents and purposes, 
 as I might or could do, if this assignment had not been made ; 
 with full power of substitution and revocation, hereby ratify- 
 ing and confirming all that my said attorney or his substitute 
 may lawfully do or cause to be done, in the premises, by vir- 
 tue hereof 
 
 In XDitnes0 toljereof, &c. \as in No. 22]. 
 
 No. 31. — Assignment by a Firm for the Benefit of 
 Preferred Creditors. 
 
 ®l}is Jnbentnre, made this Jirst day o^ July, in the year 
 one thousand eight hundred and fifty, between John Doe 
 and Richard Doe, of the city o^ Philadelphia, in the county 
 of Philadelphia, and state of Pennsylvania, copartners, 
 known as, and doing business under the name, 8tyh% or firm, 
 of John Doe and Brother, of the first part, and James 
 Smith, of the city of Philadelphia aforesaid, of the second 
 part : 
 
 Whereas, the^aid firm or copartnership are justly indebted 
 in sundry dues and considerable sums of money, and have bi 
 come unable punctually to pay and discharge the same, an 
 are desirous of making a fair, just, and equitable distrib 
 don of all their property and effects among their creditor 
 
 Notn, therefore, t[)is JTnbentnre ujilnesscti), that the said 
 pailies of the first part, in consideration of the premises and 
 
34 ASSIGNMENTS. 
 
 of the sum o£ one dollar to them in hand paid by the said 
 party of the second part, the receipt whereof is hereby ac- 
 knowledged, have granted, bargained, covenanted, released, 
 sold, assigned, transferred, and set over, and by these pres- 
 ents do grant, bargain, covenant, release, assign, transfer, and 
 set over, unto the said James Smith, of the second part, and 
 to his heirs and assigns for ever, all and singular the lands, 
 tenements, hereditaments, and appurtenances, situate, lying, 
 and being within the state of Pennsylvania ; and all goods, 
 wares, merchandise, chattels, notes, bills, bonds, judgments, 
 evidences of debt, securities and vouchers for and affecting 
 the payment of money, claims, demands, things in action, and 
 property of every name and nature whatsoever, of and be- 
 longing to the said parties of the first part (and which are 
 more particularly and fully enumerated and described in the 
 schedule hereto annexed, marked ^* Schedule A''), ^o l)at)e 
 (XXlb to l)0l& the same and every part and parcel thereof with 
 the appurtenances thereunto belonging, to the said party of the 
 second part, his heirs, executors, administrators, and assigns : 
 In trust, nevertheless, for and upon the following uses and 
 purposes, namely : the said party of the second part to take 
 possession of all and singular the lands, tenements, and he- 
 reditaments, property and effects, hereby assigned, and sell 
 and dispose of the same upon silch terms and conditions as in 
 his judgment may appear best and most for the interest of all 
 the parties concerned, and convert the same into cash ; and 
 to collect all and singular the said notes, bills, bonds, judg- 
 ments, evidences of debt, securities, claims, demands, things 
 in action, and property, or so much thereof as may prove 
 collectible, and thereupon execute, acknowledge, and deliver, 
 all conveyances, receipts, and instruments, necessary and 
 proper in the premises, for the purposes aforesaid. And by 
 and with the avails and proceeds of such sales and collections 
 
 ^to pay or cause to be paid — 
 First, all the just and reasonable expenses, costs, commis- 
 sions, and charges, of executing and carrying out the objects 
 of this assignment ; and all rents, assessments, and taxes, due 
 tor to become due on the lots, lands, tenements, and heredita- 
 pients aforesaid, until the same shall be sold and disposed of 
 i,ccording to this assignment. 
 f Secondly, to pay and discharge in full the several and re- 
 spective debts, notes, bonds, obligations, and sums of money 
 
ASSIGNMENTS. 35 
 
 for which they are jointly liable to the said party of the sec- 
 ond part, and the several other persons and firms specified in 
 the schedule horeto annexed, marked " Schedule B;** together 
 with all interest-moneys now due or to grow due thereon ; 
 and if the said proceeds and avails shall not be sufficient to 
 pay and discharge the same in full, then such proceeds and 
 avails shall be distributed pro rata among the said several 
 persons and firms named in Schedule B aforesaid, in propor- 
 tion to the amount of their respective claims. 
 
 Thirdly, to pay and discharge all the other copartnership 
 debts, demands, and liabilities whatsoever, now existing, 
 whether now due, or hereafter to become due, provided that 
 there be sufficient funds for that purpose ; and should they 
 prove insufficient, then the same shall be applied pro rata to 
 the payment of such debts, demands, and liabilities, in pro- 
 portion to their respective amounts. 
 
 Fourthly y to pay and discharge all the private and individ 
 ual debts of the parties of the first part, or either of them, 
 whether now due or to grow due, provided there be sufficient 
 funds for that purpose ; and should they prove insufficient, 
 then the same to be applied 'pro rata to the payment of the 
 said debts in proportion to their respective amounts. 
 
 Lastly, to return the full surplus of the said proceeds and 
 avails, if any there shall be, to the said parties of the first 
 part, their executors, administrators, and assigns. 
 
 And for the better execution of these presents, and of the 
 several trusts hereby reposed, the said parties of the first part 
 do hereby nominate, constitute, and appoint, the said party 
 of the second part, their and each of their true and lawful 
 attorney, irrevocable, with full power and authority to do, 
 transact, and perform all acts, deeds, matters, and things, 
 which are or may be necessary in the premises, as fully and 
 completely as they, the said parties of the first part, or either 
 of them, might or could do, were these presents not executed ; 
 with full power of substitution and revocation, hereby ratify- 
 ing and confirming all and every thing whatsoever that o 
 said attorney or his substitute shall lawfully do or cause 
 be done in the premises. 
 
 %XK njitnesB tDl)creof, &c. 
 
 Sealed and delivered ") 
 
 in the presence of I JOHN DOE (seal). 
 
 John Smith, ( RICHARD DOE (seal), 
 
 Pbter Jones. \ 
 
ap 
 
 i^M^ in 
 
 jn ASSIUNMExXTS. 
 
 No. 32. — Assignment of the Partnership Property 
 by one Partner to the other, to wind up the 
 Concern. 
 
 ®l)is MxibentUVCf made this tenth day of October, one thou- 
 sand eiirht hundred undJiftT/, between John Doe, of the town 
 of Conrord, in the county of Merrimack, and state of New 
 Hamjjskire, and Richard Roe, of the savi^ place. 
 
 Whereas, a copartnership has heretofore existed between 
 the said John Doe and Richard Roe, under the style and 
 name of Doe and Roe, which said copartnership has been 
 this day dissolved by mutual consent : 
 
 NotD, i\)cxdoxc, tl)i3 Inbentnre tDxtnessetl), that the 
 
 said John Doe has sold, assigned, transferred, and set over, 
 and by these presents does sell, transfer, assign, and set over, 
 unto the said Richard Roe, his half part of all the goods, 
 wares, merchandise, property, and effects, and stock in trade, 
 belonging to the said copartnership, and also all the accounts, 
 notes, bills, bonds, things in action, claims and demands due 
 and owing to the said firm. 
 
 To have and to hold the same unto himself and his assigns. 
 In trust to sell the said property and effects in such manner 
 as he may think proper, but not on a longer credit than ninety 
 days ; and to collect, demand, sue for, and receive, all sums 
 of money due or to become due upon the said bills, notes, 
 bonds, accounts, claims, and demands ; and with the moneys 
 thus collected, realized, and obtained, to pay off and discharge 
 all the debts and obligations of the said firm, if the same shall 
 be sufficient therefor ; and of the balance, if any there shall 
 be, afler satisfying all the claims and demands against the 
 firm, to pay over the one half part to the said John Doe or 
 his legal representatives. 
 
 And the said John Doe doth hereby make, constitute, and 
 appoint the said Richard Roe, his true and lawful attorney, 
 irrevocable, in the name of the late firm or otherwise, to sell 
 jhe said property and effects of the late firm, and all the inter 
 
 t of the said John Doe in and to the same ; and also ask, 
 emand, sue for, collect, and receive, any and all debts, claims, 
 and demands, due or to become due and owing to the said 
 late firm, to compound the same and prosecute suits for the 
 recovery thereof in his discretion ; to defend any and all suits 
 that may be brought against the said firm ; and to make, exe- 
 cute, deliver, and acknowledge, all necessary deeds, convey- 
 
ASSIGNMENTS. '^ 37 
 
 ances, releases, receipts, and discharges, in the premises, and 
 generally to do any and every act and thing requisite and 
 necessary to secure a full, entire, complete, and speedy set- 
 tlement of all the business and affairs of the late firm of Doe 
 and Roe, hereby ratifying and confirming any and every thing 
 which the said Richard Roe may lawfully do in the pi em 
 ises. 
 
 And the said Richard Roe, for himself, his heirs, execu 
 tors, and administrators, covenants with the said John Doe, 
 his heirs, executors, and administrators, that he will sell the 
 aforesaid property to the best of his ability, and for the best 
 
 f)rice he can obtain therefor ; and will use all diligence to col- 
 ect all the debts, claims, and demands, due the said late firm, 
 and that he will faithfully apply the proceeds of such sales 
 and claims in accordance with the above-recited tmst. 
 
 And the said John Doe, for himself, his heirs, executors, 
 and administrators, covenants with the said Richard Roe, 
 that if, after the entire proceeds of said property and effects, 
 claims and demands, of the said late firm, have been faithfully 
 applied to the payment of the debts, liabilities, and obligations, 
 of the said late firm, there shall remain any debt or liability 
 unsatisfied, that then he, the said John Doe, his heirs, execu- 
 tors, or administrators, will pay and satisfy the moiety or one 
 half part of any and every such debt or liability ; and the said 
 Richard Roe, his heirs, executors, or administrators, from 
 the one half part thereof save harmless and keep indemnified. 
 
 3n xoitness tu hereof, &c. [as in No. 25]. 
 
 No. 33. — Assignment of a Patent-Right 
 
 iX)i)Creas J, John Doe, of the toton of Greevfielil, in the 
 county of Franklin, and state of Massachusetts, did obtain 
 letters-patent of the United States for certain improvements 
 in clocks, which letters-patent bear date the^r*^ day of April, 
 one thousand eight hundred zxiAJifty; and whereas, Richard 
 Roe, of the toton of Portsmouth, in the county of Rocki 
 ham, and state of Niw Hampshire, is desirous of purchasi 
 from me all the right, title, and interest, which I have in 
 to the said invention, in consequence of the grant of lett 
 patent therefor ; 
 
 KOW lllis Jfnbenttirc tuitneSSetl), that ^or end in consid- 
 eration of the sum of one thousand dollars, lawful money of 
 
 4 
 
38 ASSIGNMENTS. 
 
 the United States, to me in hand paid, the receipt whereof is 
 hereby acknowledged, I have assigned, sold, and set over, 
 and do hereby assign, sell, and set over, unto the said Rich- 
 ard Roe, all the right, title, and interest, which I have in the 
 said invention, as secured to me in the said letters-patent [for, 
 to, and in the several states of Ohio and Michigan ^ and in no 
 other place or places] : 
 
 The same to be held and enjoyed by the said Richard 
 Roe, for his own use and behoof, and for the use and behoof 
 of his legal representatives, to the full end of the term for 
 which the said letters-patent are or may be granted, as fully 
 and entirely as the same would have been held and enjoyed 
 by me had this assignment and sale not been made. 
 
 Sn U0timotTB toljerjeof, I have hereunto set my hand and 
 affixed my seal, this first day of October , one thousand eight 
 hundred and fifty, 
 
 JOHN DOE (seal). 
 Sealed and delivered in presence of 
 John Smith, 
 John Stone. 
 
 This form can be used for the assignment of a partial right 
 
 m a patent, by omitting the words (in the first paragraph) 
 
 ** purchasing from me all the right, title, and interest, which 
 
 I have in and to the said invention, in consequence of the 
 
 grant of letters-patent therefor," and inserting the words 
 
 " acquiring an interest therein," and by adding the words in 
 
 brackets.* 
 
 * Thio asaignment must be recorded In the patent-office within three months 
 from the date of the same. For fees, see " Patxnts." 
 
AFFIDAVIT. 39 
 
 AFFIDAVIT. 
 
 An affidavit is a written statement, subscribed by the party 
 making it, and sworn to or affirmed before the proper officer. 
 
 A deposition is the testimony of a witness under oath, re- 
 duced to writing. 
 
 No. 34.— Form of Affidavit 
 
 State of Illinois, ) 
 County of Kane, ] 
 
 John Doe, of the town of Geneva, in the county afore- 
 said, being duly sworn, says [here state the facts], and furthe'- 
 says not. 
 
 JOHN DOE. 
 Sworn to this tenth day of October, A. D. 1850, 
 before me, John Jones, 
 
 Commissioner of Deeds. 
 
 If the matters embraced in the affidavit are not within the 
 deponent's own knowledge, but have been communicated to 
 him by others in whose assertion he places confidence, the 
 affidavit should be in this form : — 
 
 State of Illinois, \ 
 
 County of Kane, ] ^"^ "^^^ ' 
 
 John Doe, of the town of Geneva, in the count]/ afore- 
 said, being duly sworn, says that he has been informed, and 
 believes it to be true, that \here insert what he has been in- 
 formed of] ; and further says not. 
 
 JOHN DOE. 
 Sworn to this tenth day of October, A. D. 1850, 
 before me, John Jones, 
 
 Commissioner of Deeds. 
 
40 ' BILLS OF EXCHANGE. 
 
 BILLS OF EXCHANGE. 
 
 
 A hill of exchange is a written request from one person to 
 another, desiring him to pay a sum of money to a third per- 
 son, absolutely and at all events. They are seldom used 
 except in drawing upon a person who is abroad in a foreign 
 country. 
 
 The person who draws the bill is called the drawer ; the 
 person on whom it is drawn is called the drawee. After the 
 drawee has accepted the bill, he is called the acceptor. 
 
 A bill or note drawn payable to order must have the name 
 of the person to whose order»it is made payable written on 
 it before it can be negotiated to a third person ; and he whose 
 name is thus written on it is liable to pay the bill or note, if 
 not paid, and he have due notice of the same. 
 
 In accepting a bill of exchange or draft, vnrite the word 
 " accepted," together with the date when accepted, and the 
 name of the party or firm accepting, across the face or on the 
 back of the bill or draft. 
 
 Acceptance acknowledges the genuineness of the signature 
 of the drawer ; and the acceptor would be liable to a holder 
 in good faith, although the signature of the drawer were a 
 forgery. 
 
 When a bill is drawn payable so many days after sight, it 
 should be presented for acceptance on the next day after it is 
 received. If you keep the bill without presenting it for ac- 
 ceptance, to the injury of the drawer, you must bear the loss 
 ourself. 
 
 The drawee of a bill has twenty-four hours' time within 
 which to make up his mind whether he will accept the bill ; 
 but if he refuses to return it after the expiration of that time, 
 he is to be considered as having accepted it. 
 
 If the drawee refuses to accept a bill presentea for accept- 
 ance, or to pay a bill presented for payiiient, it should be im- 
 
I 
 
 BILLS OF EXCHANGE. 41 
 
 mediately protested, and notice sent to all the endorsers on 
 the bill ; otherwise the endorsers will not be liable. 
 
 Three days of grace, as they are called, are allowed on 
 bills of exchange that are not drawn payable at sight ; that 
 is, they are not due until the third day after the time men- 
 tioned in the bill. If the third day happens to fall on Sunday, 
 they are then due the day before, that is, on Saturday. 
 
 A bill drawn at sight is payable on presentation : at least 
 it is advisable to protest it first for non-payment, and then 
 demand acceptance ; and if acceptance is refused, protest it 
 also for non-acceptance. 
 
 A person becoming surety for a note or bill of exchange, 
 should be notified of its non-payment in the same manner as 
 an endorser. A check ought to be presented for payment 
 within twenty-four hours of the time of receiving it. 
 
 If the drawer of a check payable on demand have no funds 
 in the bank at the time it is drawTi, it is a fraud. 
 
 The holder of a check is not obliged to accept part pay- 
 ment thereof, although tendered by the bank : he has a right 
 to have the whole, and may decline any less sum. 
 
 If the drawee of a bill or maker of a note be out of the 
 state or at sea, the same must be presented at his usual place 
 of business, or at his place of residence, unless some other 
 place is specified therein. 
 
 Any material alteration of a bill of exchange, drafts, &c. 
 
 such as an alteration in the date, in the amount, or the time 
 of payment — discharges all the parties thereto who do not 
 assent to the making of the alteration. 
 
 See " Promissory Notes," &c. 
 4» 
 
42 
 
 BILLS OF EXCHANGE. 
 
 3 
 
 V 
 
 I 
 
 M 
 
 ^ 
 
 I 
 
 ^ 
 
 ^ 
 
 
 8^ § 
 
 Ns ^ 
 
 •^ 
 
 ^ 
 
 1 
 
 \ 
 
 
 Nl 
 
 
BILLS OF EXCHANGE. 
 
 43 
 
44 
 
 BILLS OF EXCHANGE. 
 
 J 
 ■^ 
 
 I 
 
 J 
 
 
 te> 
 
 ^^ 
 
 - ^^^ 
 
 ^ -^ 
 
 ^1 I 
 
 ^J1 
 
 s^ 
 
 I 
 
 ^ 
 
 
 NT 
 
 I 
 
 
 .^^ ^^^ i ^ 
 
 ^1- 
 
 ^ 
 
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 iv 
 
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 1 
 
 ^§ 
 
 Ni 
 
 S-i 1 
 
 •V. 
 
 ^ 
 
 ^ 
 
BILLS OF EXCHANGE. 45 
 
 No. 36.— Ordinary Bill of Exchange or Draft at a 
 certain Time after Sight 
 
 ® $250:: New Orleans, Sept. 12, 1850. 
 
 ^ Ten Days after sight,* pay to the order of 
 
 ||t John Jones, Two Hundred and Fifty Dollars, 
 p^ Value received, and charge the same to account of 
 
 g^ To Richard Bofi.^^ ) Yours, &c., 
 
 ^fo- Detroit, > John Doe, 
 
 ^ Michigan. ) New Orleans, La, 
 
 No. 37. — Bill or Draft at a certain Time after Date. 
 
 ^SHO.t^ijV Chicago, July 10th, 1850. 
 
 1^ Twenty Days after date, pay to the order of 
 
 I f James Smith, One Hundred and Ten Yooth Dollars, 
 
 I J Value received, and charge the same to account of 
 
 I J To Richard Roe, "^ Yours, &c., 
 
 1^ Bvffalo, > John Doe, 
 
 Roe, "^ 
 
 h/ffalo, > 
 Vew York. ) 
 
 New York. ) Chicago, III. 
 
 No. 38.— Check or Draft on a Bank 
 
 z 
 
 III o 
 
 h 
 |SZ 
 
 q4o. 50. '^m lOork, Q^^y /4, ^^50^ 
 
 arael)ierofti)e PRIIffTERS' BAN'S, 
 
 Pajl to ^ ^ <^ava^ oz ^eatt^z/. 
 
 • For a bill payable at »i^ht, instead of the words, " ten days after sight,' 
 Inttrt " at sight." A check made payable to order ranst bo endorsed before ased 
 
46 BILLS OF SALE. 
 
 BILLS OF SALE ANP CHATTEL MORTGAGES. 
 
 A hill of sale is a writtei iijdtrument, transferring the own- 
 ership of personal property therein mentioned from one per- 
 son to another. 
 
 The things included in the bill of sale should be delivered 
 into the entire and continued possession of the purchaser ; 
 else the sale will be presumed to be fraudulent as to the 
 creditors of the vendor. 
 
 A chattel mortgage is a written instrument, transferring 
 the ownership of personal property therein mentioned condi- 
 tionally. The usual condition is, that it is to become the 
 property of the one to whom it is mortgaged, if the mortga- 
 ger fail to make payment of money in the manner specified 
 in the mortgage. 
 
 As to the validity and registering of these mortgages, see 
 the respective states. 
 
 
 No. 39.— General Form of Bill of Sale. 
 Knotx) all Mtn bj) tljese JJresents, that I, John Doe, 
 
 of the city of Detroit, in the county of Wayne, and state of 
 Michigan, of the first part, for and in consideration of the 
 'sura o^Jive hundred dollars, lawful money of the United States, 
 to me in hand paid, at or before the ensealing and delivery 
 of these presents, by Richard Roe, of the same place, of the 
 second part, the receipt whereof is hereby acknowledged, 
 have bargained and sold, and by these presents do grant and 
 convey, unto the said party of the second part, his executors, 
 administrators, and assigns, one dark-hay colt, sixteen hands 
 high, one single harness, one light single wagon, one cow, two 
 pigs, and three geese. ®0 l^atJC dltb tO l)0lb the same unto 
 the said party of the second part, his executors, administra- 
 tors, and assigns, for ever. 
 
 And I do for myself, my heirs, executors, and administra- 
 tors, covenant and agree, to and with the said party of the 
 second part, to warrant and defend the sale of the said goods 
 and chattels hereby sold unto the said party of the second 
 
BILLS OF SALE. 
 
 47 
 
 part, his executors, administrators, and assigns, against all and 
 every person and persons whomsoever. 
 
 Jn xnitncss tDi)Cr£0f, I have hereunto set my hand and 
 seal, this first day of Julyy one thousand eight hundred EUid 
 
 f-fiy- 
 
 JOHN DOE (stal). 
 Sealed and delivered in the presence of 
 John Smith, 
 Peter Jones. 
 
 No. 40.— Bill of Sale of Horse, with Warranty. 
 KnoxD all S^tn bs tl)ese presents, that I, John Doe, 
 
 of the town of Racine, in the county of Racine, and state of 
 Wisconsin, of the first part, for and in consideration of the 
 sum of one hundred and fifty dollars, lawful money of the 
 United States, to me in hand paid at or before the ensealing 
 and delivery of these presents, by Richard Roe, of the same 
 place, of the second part, the receipt whereof is hereby ac- 
 knowledged, have bargained and sold, and by these presents 
 do grant and convey unto the said Richard Roe, his execu- 
 tors, administrators, and assigns, one dark-bay horse, toith a 
 white star in the forehead, and a black mane and tail. (Jo 
 ^aue (XXlii to Ijolb the same unto the said Richard Roe, his 
 executors, administrators, and assigns, for ever. 
 
 And I do hereby warrant the said horse to be sound in 
 every respect, to be free from vice, to be well broken, and 
 kind and gentle in single and in double harness, and under 
 the sa^ldle ; and I covenant for myself, my heirs, executors, 
 and administrators, with the said Richard Roe, to warrant 
 and defend the sale ot the said horse unto the said Richard 
 Roe, his executors, administrators, and assigns, against all 
 and every person and persons, lavsrfully claiming or to claim 
 the same, whomsoever. 
 
 Jn roitncss lOljcrcof, T have hereunto set my hand and 
 *»eal, this fifth day of July, one thousand eight hundred and 
 
 fifty 
 
 JOHN DOE (seal) 
 Sealed and delivered in the presence of 
 Peter Pepper, 
 John Stone. 
 
48 BILLS OF SALE. 
 
 No. 41.— Bill oi Sale of Registered or Enrolled 
 Vessel 
 
 linoto all Mm bg tl)ese Jpresent©, that I, John Doe, 
 
 of the city of San Francisco, in the state of California, owner 
 of the ship or vessel called the America, of the burden of on6 
 thousand Ions or thereabouts, now lying at the port of Sacra- 
 mento, in the state aforesaid, for and in consideration of the 
 sum o? Jifty thousand dollars, lawful money of the United 
 States, to me in hand paid by Richard Roe, of the placf 
 first aforesaid, at or before the ensealing and delivery of these 
 presents, the receipt whereof I hereby acknowledge, have 
 granted, bargained and sold, and by these presents do grant, 
 bargain, and sell, unto the said Richard Roe, his executors 
 administrators, and assigns, all the hull or body of the said 
 ship or vessel, together with the masts, bowsprit, sails, boats, 
 anchors, cables, spars, and all other necessities thereunto ap- 
 pertaining and belonging ; the certificate of the registry or 
 enrolment of which said ship or vessel is as follows, to wi" 
 \herc copy the whole of the certificate of registry or enrolment?^ 
 2^0 l)at)C anb to IjOl^ the said ship or vessel, and appurte- 
 nances thereunto belonging, unto the said Richard Roe, his 
 executors, administrators, and assigns, to his and their proper 
 use, benefit, and behoof, for ever. 
 
 And I, the said John Doe, for myself, my heirs, executors, 
 and administrators, do covenant with the said Richard Roe, 
 his executors, administrators, and assigns, that I am the sole, 
 true, and lawful owner of the said ship America, and her 
 appurtenances ; and that I have full power, good right, and 
 lawful authority, to sell and dispose of the said ship and her 
 appurtenances in manner aforesaid. And I do further cove- 
 nant, for myself, my heirs, executors, and administrators, l;hal 
 I, the said ship America and her appurtenances, as aforesaid, 
 against the lawful claims of all persons whomsoever, claiming 
 or to claim the same, will for ever warrant and defend. 
 
 JJn XUitncsS tolj^reof, I have hereunto set my hand and 
 seal, this first day of July, one thousand eight hundred and 
 
 fifiy- 
 
 JOHN DOE (seal). 
 ealed and delivered In the presence of 
 John Smith, 
 John Jones. 
 
CHATTEL MORTGAGES. 49 
 
 No. 42.— Foiin of Chattel Mortgage. 
 ©0 nil to tuI)om tl)CGC J3rcscntG cljall come, kno\v«vs 
 
 that John Doe, oi* ihe toicn of Princeton, in the county of 
 Middlesex, and state of New Jerseij, of the first part, for secu- 
 ring ilie payment of the money hcrcinafler mentioned, and in 
 consideration of the sum of one dollar to me duly paid by 
 Richard Roe, of the city of Trenton, in the county of Htm- 
 tingdon, and state of New Jersey, of the second part, at or 
 heffjre the ensealing and delivery of these presents, the re- 
 ceipt whereof is hereby acknowledged, have bargained and 
 sold, and by these presents do grant, bargain, and sell, unto 
 the said party of the second part, all my lious eh old furniture, 
 and all other goods and chattels mentioned in the schedule 
 hereunto annexed,* and now in the house in u'Jiich I reside in 
 the town aforesaid. QTo \)awc ailb tO \)0\h all and singular 
 l?ie goods and chattels above bargained and sold, or intended 
 m to he, unto the said party of the second pait, his executors, 
 admniistrators./md assigns, for ever. 
 
 And 1, 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 as- 
 sies, 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 : upon CCttbition, that if I, the 
 said party of the first part, shall and do well and truly pay 
 unto the said party of the second part, his executors, admin- 
 istrators, or assigns, the sum of three hundred dollars on the 
 first day of August next — then these presents shall be void. 
 And I, the said party of the first part, for myself, my exec- 
 utors, administrators, and assigns, do covenant and agree, to 
 and with the said party of the second part, his executors, ad- 
 ministrators, and assigns, that in case default shall be made 
 in payment of the said sum above mentioned, then it shall and 
 may be lawful for, and I the said party of the first part do 
 hereby authorize and empower the said party of the second 
 [tart, his executors, administrators, and assigns, with the aid 
 iiid assistance of any person or persons, to enter my dwelling- 
 house, store, and other premises, and such other place o; 
 places as the said goods or chattels are or may be, and take 
 
 • Annex a schedule, specifying all the articlcB mortgaged, adapted to the 
 wanla oi the cose. The plan of one ia appended to this mortgage. 
 
 6 
 
I 
 
 50 CHATTEL MORTGAGES SCHEDULE. 
 
 and carry away the said goods and chattels, and to sell and 
 dispose of the same for the hest price he 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 ur to my 
 executors^ administrators, or assigns. And until default be 
 made in the payment of the said sum of money, I am to re- 
 main and continue in the quiet and peaceable possession of 
 the said goods and chattels, and the full and free enjoyment 
 of the same. 
 
 Jn toitncSS XUljereof^ I, the said party of the first part, 
 have hereunto set my hand and seal the first day of Septev},' 
 her, one thousand eight hundred and fifty. 
 
 JOHN DOE (seal). 
 Sealed and delivered in the presence of ^ 
 
 John Stone, > ' 
 
 John Smith. N 
 
 Schedule referred to in the foregoing Mortgage. 
 in the parlor. 
 
 No. 1. — Two mahogany sofas. 
 " 2. — Fourteen mahogany chairs. 
 " 3. — One large looking-glass. 
 " 4. — One centre-table. 
 " 5. — One card»-table. 
 
 in the dining-room. 
 
 *• 6. — One dining-table. 
 
 " 7. — Ten cane-bottomed chairs. 
 
 " 8. — One sideboard. 
 
 " 0. — One clock. 
 
 " 10. — One lounge. 
 
 *• 11. — One book-case. 
 
 [And so on through the list in each room.] 
 September 1, 1850. 
 
 JOHN DOE. 
 ( John Stone, 
 I John Smith. 
 
ItlLLS OF LADING. 51 
 
 BILLS OF LADING. 
 
 A hill of lading is a receipt from the agent or master of a 
 vessel, that" he has received the goods named therein, and an 
 agreement for the safe carriage of the same to the port of 
 destination, and delivery to the person to whom they are 
 consigned. Two or three bills are usually signed, one to be 
 retained by the agent of the vessel, and another to be for- 
 warded to the party to whom they are shipped. 
 
 See article, " Liabilities of Common Carriers." 
 
 No. 43.— Bill of Lading. 
 
 0f}ippcb, in good order and well conditioned, b) ^ous 
 Doe, on board the ship called tl^^ United States, whereof 
 Richard Roe is master, now lying in the port of New York, 
 and boun4 for Havre, France. To say : Jive packages of 
 mercJiandise, being marked and numbered as in the 
 margin, and are to be delivered in the like order 
 and condition at the port of Havre, France (the 
 dangers of the seas only excepted), unto Jacques 
 
 J.3VL 
 
 Havre, 
 France. 
 
 Montalembert, or to his assigns, he or they paying freight 
 for the said packages the sum o^ Jive dollars, with Jift)/ cents 
 primage and average accustomed. 
 
 3n toilncss tDl]Crcof, the master or puiser of said vessel 
 hath affirmed to two bills of lading, both of this tenor and 
 <l;ite; one of which being accomplished, the other to stand 
 '.id. 
 
 Dated in New York, l\\e first day of Octohcr, one thousand 
 
 lilil hundred and fiftt/. 
 
 RICHARD ROE. Master 
 
BONUS. 
 
 BONDS. 
 
 A bond is a written instrument under seal, acknowledging 
 some liability, duty, or obligation, with a penalty for non-ful-. 
 filment. Fraud vitiates every instrument into which it enters. 
 
 The maker of the bond is called the obligor, the person to 
 whom it is made the obligee. 
 
 As to what is sufficient to constitute a seal, see the respec- 
 tive states, titles, deeds, &c. 
 
 The amount of money first named in a bond for the pay- 
 ment of money is called the penal smn, and is usually double 
 the amount of the condition, in order to cover interest and 
 cost of i-ecovcry, should the conditions of payment not be 
 complied with. 
 
 No. 44. — Bond for the Payment of Money. 
 
 linom nil iHcn bn Ji^esc Presents, that I, John Doe, 
 
 of the town o^ Jamaica, in the county of Queens, and state of 
 New York, am held and firmly bound unto Richard Roe, of 
 the city of Brooklyn, in the county of Kings, and state of 
 New York, in the sum of two thousand four hundred dollars, 
 lawful money of the United States, to be paid to the said 
 Richard Ros, his executors, administrators, or assigns : for 
 which payment, well and truly to be made, I bind myself, my 
 heirs, executors, and administrators, and each of them, firmly 
 by these presents. Sealed with my seal. Dated the first 
 day of December, one thousand eight hundred and fifty. — • 
 
 OTIjC COnbition of the above obligation is such, that if ths 
 above bounden John Doe or his heirs, executors, or adminis- 
 trators, shall well and truly pay, or cause to be paid, unto the 
 above-named Ricimrd Roe, his executors, administrators, or 
 assigns, the just and full sum n^ twelve hundred dollars on the 
 first day of May next, icith interest thereon at the rate of 
 seven per cent, per annum — then the above obligation to be 
 void, otherwise to remain in full force and virtue. 
 
 JOHN DOE (seal). 
 
 Sealed, &c., in presence of John Jones and John Smith. 
 
BONDS. 5d 
 
 No. 45. — Bond, conditioned that if the Interest is 
 
 7Wt yaid wilhin a certain Time after it is due, the 
 whole Sum, Principal and Interest^ shall, at the option 
 of the Obligee, be due immediatehj. 
 
 UnoTu all ilteu b^ tl]cse Presents, that I, John Doe, 
 
 of the city of Portland, in the county of Cumherland, and 
 state of Maine, am held and finnly bound unto Richard Roe,- 
 of the sam,e place, in the sum of tito thousand eight hundred 
 dollars, lawful money of the United Slates, to be paid to the 
 said Rn HARD Roe, his executors, administrators, or assigns : 
 fur which payment, well and truly to be made, 1 bind myself, 
 my heirs, executors, and administrators, and every of them, 
 firmly by these presents. * Sealed with my seal. Dated the 
 tenth day q'^ August, one tliousand eight hundred and fifty. 
 
 %\)Z COnMtioU of the above obligation is such, that if the 
 above-boundcn John Doe, or his heirs, executors, or admin- 
 istrators, shall well and truly pay, or cause to be paid, unto 
 the above-named Richard Roe, his executors, administrators, 
 or assigns, the just and full sum oi one thousand four hundred 
 dollars on the tenth day of March, which will be in the year 
 one thousand eight hundred and fifty-six, and the interest 
 thereon, to be computed from the date hereof, at and after the 
 rate oi six per cent, per annum, and to be paid quarter yearly 
 — then the above obligation to be void, else to remain in full 
 force and virtue. 
 
 And it is hereby expressly agreed, that should any default 
 be made in the payment of the said interest, or of any part 
 thereof, on any day whereon the same is made payable, as 
 above expressed, and should the same remain unpaid and in 
 arrear for the space of ten days, then and from thenceforth, 
 that is to say, after the laf)se of the said ten days, the aforesaid 
 principal sum o^ one thousand four hundred dollars, together 
 with all arrearage of interest thereon, shall, at the option of 
 the said Richaud Roe, his executors, administrators, and as- 
 Kigns, become and be due and payable immediately thereafter, 
 although the period above limited for the payment thereof 
 may not then have expired, anything herein before contained^ 
 to the contrary thereof in any wise notwithstanding. 
 Sealed and deliveied in the pres- ^ 
 
 ence of John Jones, > JOHN DOE (scal^ 
 
 John Smith. ) 
 
 5* 
 
54 BONDS. 
 
 No. 46. — Bond of a Corporation. 
 
 EnotD oil ijXcn bg tl)CSC JJrcCCnta, that the president and 
 directors of the AsaUney Bank, at the city of Cleveland, in 
 the county of Cuyahoga, and state of Ohio, are held and 
 firmly bound unto John Doe, of the village of Parkman, in 
 the county of Geauga, and state of Ohio, in the sum of ten 
 thousand dollcirs, lawful money of the United States, to be 
 paid to the said John Doe, his executors, administrators, or 
 assigns : for which payment, well and truly to be made, the 
 president and directors of the said Ascutney Bank bind them^ 
 selves and their successors firmly by these presents. Sealed 
 with their corporate seal. Dated the ffth day of July, one 
 thousand eight hundred and ffty. 
 
 QTlje ronbition of the above obligation is such, that if the 
 above-bounden president and directors of the Ascutney Bank 
 shall well and truly pay, or cause to be paid, unto the above- 
 named John Doe, the sum o{ five thousand dollars on the 
 first day of August next, with interest thereon at the rate of 
 fve per cent, per annum — then the above-written obligation 
 to be void, otherwise to remain in full force and virtue. 
 
 RICHARD ROE, President (corporate seal) 
 Sealed and delivered in the presenee of ^ 
 
 John Jones, > 
 
 John Smith. j 
 
 No. 47.— Bond to be given to a Sheriff, to indemnify 
 
 him for levying u2)on Goo7ls, ^"c, wlicn claimed by an- 
 other than the Judgment Debtor. 
 
 KitotD all !&Xt\\ bp tl)ese Presents, that we, John Doe 
 
 and Richard Roe. both of the city oi Madison, in the county 
 of Jefferson, and state of Indiana, are held and firmly bound 
 unto John Smith, sheriff of the said county of Jefferson, m 
 the sum of one thousand dollars, lawful money of the United 
 States, to be paid to the said John Smith, or to his certain 
 ,. attorney, executors, administrators, or assigns : for which pay- 
 ment, well and truly to be made, we bind ourselves, our and 
 each of our heirs, executors, and administrators, jointly and 
 severally, firmly by these presents. Sealed with our seals. 
 
BONDS. 5f» 
 
 Dated the tenth day o? June, oxio thousand eight hundred and 
 
 to!]Crca0, the ahove-hounden John Doe and Richard Roe 
 did obtain judgment in the supreme court against John Jones 
 for three hundred dollars, damages and costs, whereupon exe- 
 cution has been issued, directed, and delivered to the said 
 John Smith, commanding him, that of the goods and chattels 
 of the said John Jones, he should cause to be made the dam- 
 ages and costs aforesaid. And whereas, certain goods and 
 chattels that appear to belong to the said John Jones^ are 
 claimed by James Short, of the said city o^ Madison : 
 
 NoiD, therefore, i\]C condition of this obligation is such, 
 that if the above-bounden John Doe and Richard Roe shall 
 well and truly save, keep and bear harmless, and indemnify 
 the said John Smith, and all and every person and persons 
 aiding and assisting him in the premises, of and from all harm, 
 let, trouble, damage, costs, suits, actions, judgments, and exe- 
 cutions, that shall or may at any time arise, come, or be 
 brought against him, them, or any of them, as well for the 
 levying and making sale under and by virtue of such execu- 
 tion, of all or any goods or chattels wliich he or they shall or 
 may judge to belong to the said John Jones, as well as in 
 entering any shop, store, building, or other premises, for the 
 taking of any such goods and chattels — then this obligation 
 to be void, else to remain in full force and virtue. 
 Signed, sealed, and deliv- ") 
 
 ered, in presence of 1 JOHN DOE (seal). 
 
 Peter Pknny, [ RICHARD ROE (seal). 
 
 Hiram Jacobs. \ 
 
 No. 48. — Bond to Execiators. 
 Iinonj all S^tn bri tl)cse Presents, that T, John Don, 
 
 of the villaa^e of Clinton, in tlie county of Oneida, and state 
 of New York, am held and firmly bound unto Richard Roc, 
 of the citij of Utica, in the county of Oneida, and state of New 
 
 York, and Peter Smith, of the village of Clinton, in the 
 county of Oneida, and state of New York, executors of the 
 last will and testament of Peter Hamilton, late of the vil 
 lage of Clinton, in the county of Oneida, and state »^f Ni 
 
 York, now deceased, and the survivor of tliem, his or their 
 eigns, in the penal sum oifive thoitsand dollars, lawful money 
 
 nl' jmu^ 
 
 m 
 
56 DONDS. 
 
 of the United States, to be itmd to the said executors, or the 
 survivor of them, his or their assigns: for which payment, 
 well and truly to be made, I bind myself, my heirs, executors, 
 and administrators, and every of them, firmly by these pres- 
 ents. Sealed wiih my seal. Dated this ^rst day of J\lau, 
 one thousand eight hundred and fifty. 
 
 55'otO^ tl)e COnbitioil of this obligation is such, that if the 
 above-bounden obligor, his heirs, executors, or administrators, 
 shall well and truly pay, or cause to be paid, unto the said 
 Richard Roe and Peter Smith, as such executors as afore- 
 said, or the survivor of them, his or their assigns, the sum of 
 two thousand five hundred dollars on the first day of May^ 
 one thousand eight hundred and fifty-three, with interest 
 thereon at the rate of seven per cent, per annum — then this 
 obligation to be void, otherwise to remain in full force, virtue, 
 and effect. 
 
 JOHN DOE (sealy. 
 Sealed and delivered in presence of 
 
 John Smith, 
 
 John Stone. 
 
 No. 49.— Bond for a Deed 
 
 ItnatD all iUen, &c. \as in No. a to the * ] — 
 ^Ott), \\\Z COnbition of this obligation is such, that if tho 
 above-bounden obligor shall, on the tenth day of December 
 next, make, execute, and deliver, unto the said Richard Roe 
 (provided that the said Richard Roe shill on or before that 
 day have paid to the s;iid obligor the sun] of twelve hundred 
 dollars, the price by said Richard Roe ay^i-eed to be paid 
 therefor), a good and sufficient conveyance in fee simple, with 
 the usual covenants, of all that certain piece or pnrcel of land 
 [here describe the land] — then this obligation to be Aoid, oth- 
 erwise to remain in full force, virtue, and eflect. 
 
 JOHN DC^ (seal). 
 
 Sealed and delivered ') 
 
 in the presence of I 
 
 John SMiTfi, j 
 
 Peter Jones, j 
 
57 
 
 No. 60.— Bond of Treasurer or Trustee of an As- 
 sociation. 
 
 luioia ail HXcn bii lljcsc Presents, that we, Jonx\ Doe, 
 as principal, and Richard Roe and Ik a Stearns as sure- 
 ties, all of the citf/ of Richmond, in the county of Henrico, 
 and state of Virginia, are held and firmly bound unto Henry 
 HiGGiNs and Thomas Sharps, both of the citt/ of Richmond 
 aforesaid, in the sum of one thousand dollars, lawful money 
 of the United States, to be paid unto the said Henry Higgins 
 and Thomas Suarpe, or their successors in office, or their 
 certain attorneys, executors, administrators, or assigns ; to 
 which payment, well and truly to be made, we jointly and 
 severally bind ourselves, our heirs, executors, and administra- 
 tors, firmly by these presents. Sealed with our seals, and 
 dated the Iwcnty-fiflli day of December, one tliousand eight 
 hundred and fifty. 
 
 ^\]t roubition of this obligation is such, that whereas the 
 above-named .John Doe has been chosen by an association^ 
 known as the Union Association, treasurer \or one of the trits- 
 tces\ of said association, by reason wheieof, and as such treas- 
 urer [or trustee], he will receive into his hands and possession 
 divers sums of money, goods and chattels, and other things, 
 the property of said association ; and is bound to keep true 
 and accurate accounts of said property, and of his receipts 
 and disbursements for and on account of said association : 
 
 Now, therefore, if the said John Doe shall well and truly 
 perform all and singular the duties of treasurer [or trustee] of 
 said association, for and during his official term, aiid until he 
 sliall deliver all the property which he may receive as such 
 treasurer [or trvstee\\o liis successor in said office, or to such 
 other person as the said association or its authorized officers 
 may direct, accruding to the j)rovisions of the constitution, by 
 laws, rules, and regulations, of said association now existing, 
 or which may be by said association adopted ; and shall keep 
 true and just accounts of all ]noperty belonging to the said 
 association that may c«UTie to his hands; and shall exhibit and 
 submit to the said association, or to the persons by them tluMo- 
 unto appointed, his said accounts and the vouchers therefor, 
 whenever he shall be riier(!to properly retjuested ; and shallj 
 at the expiration of his term of office, by any cause what0Y< 
 deliver up to his successor in office all the propeity oi 
 
58 BONDS. 
 
 said association that may be foimd to remain in his hands, and 
 his books of accounts, and the vouchers thereunto belonging 
 . — then this obligation shall be null and void, otherwise to 
 remain in full force and virtue. 
 Signecl, sealed, and delivO j^^-^ ^^^ 
 
 eied, in presence of 1 richARD ROE f seal I 
 
 John bMITlI, f -,-r> . tn-n^ATJArc /- 7 1 
 
 James Shout. • ^^^ blEARIsS (seal). 
 
 No. 51.— Bottomry Bond. 
 
 fitioxu all !iXii\\ bj} ll)esc Jprcsents, that I, John Doe, 
 now master and commander of the bark or vessel called the 
 Isidore, of the burden of jive hundred tons or thereabouts, 
 now lying at the port of Baltimore, am held and firmly bound 
 unto Richard Roe,, of the city of Baltimore, in the county 
 of Baltimore, and state of Maryland, in the sum of two thou- 
 snnd dollars, lawful money of the United States, to be paid 
 to the said Richard Roe, or to his certain attorney, execu- 
 tors, administrators, or assigns : for which payment, well and 
 truly to be made, I bind myself, my heirs, executors, and ad- ■ 
 ministrators, and also the said vessel, her tackle, apparel, and 
 furniture, firmly by these presents. Sealed with my seal, at 
 the city of Baltimore, this Jirst day of November, one thou- 
 sand eight hundred mi(\ fifty. 
 
 tUI)crcaS» the above-bounden John Doe has been obliged 
 to take up and borrow, and has received of the said Richard 
 Roe, for the use of the said vessel, and for the purpose of 
 fitting. the same for sea, the sum oi one thousand dollars, law- 
 ful money of the United States, which sum is to be and re- 
 main as a lien and bottomry on the said vessel, her tackle, 
 apparel, and furniture, at the rate or premium of twenty -five 
 per cent, for the voyage ; in consideration whereof, all risks 
 of the seas, rivers, enemies, fires, pirates, &c., are to be on 
 account of the said Richard Roe : And for the better secu- 
 rity of the said sum and premium, the said master doth, by 
 these presents, hypothecate and assign over to the said Rich- 
 ard Roe, his heirs, executors, administrators, and assigns, the 
 said vessel, her tackle, apparel, and furniture. And it is here- 
 .by declared that the said vessel Isidore is thus hypothecated 
 and assigned over for the secuiity of tlie money so borrowed- 
 
BONDS BOTTOMRY. 511 
 
 and taken up as aforesaid, and shall be delivered for no other 
 use or purpose whatever, until this bond is first paid, together 
 with the premium hereby agreed to be paid thereon. 
 
 NoiD^ tl)e COUbitioU of this obligation is such, that if the 
 sbove-bounden John Doe shall well and truly pay, rr cause 
 to be paid, unto the said Richard Roe, his certain attorney, 
 executors, administrators, and assigns, the just and full sum 
 of one thousand dollars, lawful money as aforesaid, being the 
 Bum borrowed, and also the premium aforesaid, at or befon? 
 the expiration of ten days after the arrival of the said vessel 
 at the port of New York — then this obligation, and the said 
 hypothecation, to be void and of no eifect, otherwise to remain 
 in full force and virtue. Having signed and executed two 
 bonds of the same tenor and date^ one of which being accom- 
 plished, the other to be void and of no effect. 
 
 JOHN DOE (seal). 
 Sealed and delivered in the presence of 
 . Peter Pepper, 
 John Stone. 
 
 Note. — Bottomry is the act of borrowing money, and pledg- 
 ing tlie keel or bottom of the ship (that is, the ship itself) as 
 security for the repayment of the money. The contract of 
 bottomry is in the nature of a mortgage — the owner of a 
 Bhip borrowing money to enable him to carry on a voyage, 
 and pledging the ship as security for the money: but if the 
 ship is lost, the lender loses the money ; if she anives safe, 
 he is to receive back the money lent, with the interest agreed 
 upon, although it may exceed the legal rate of interest. Tlie 
 tackle of the ship is also liable as well as the ship itself, and 
 the borrower is likewise personally responsible if the shij) 
 arrive. 
 
 llespondentia is where the money is borrowed upon goods 
 shipped, instead of the ship itself. 
 
60 COMPOSITION WITH CMEDfTOKS 
 
 COMPOSITION WITH CREDITORS. 
 
 Tins is a contract between a debtor who is able only to 
 pay a portion of his debts, with his creditors, whereby they 
 agiee to accept a certain sum less than the original claim ; 
 and, upon the receipt thereof, not to prosecute or trouble the 
 debtor on account of his debt. 
 
 No.- 52. — Form for Composition with Creditors. 
 
 linotD all iXicn bl} tl)eSC presents, that whereas John 
 T)oE is justly indebted unto us, John Jones, Henry Smfth, 
 and Thomas IShahpe, creditors of the said John Doe, in 
 divers sums of money, which he has become unable fully If 
 pay and discharge: therefore we, the said creditors, do con- 
 sent and agree with_^the said John Doe to demand loss than 
 the full amount of our respective claims, and to accept of ten 
 cents for every dollar owing to each of us the said creditors 
 of the said John Doe, in full satisfaction and discharge of our 
 several claims and demands ; the said sum of ten cents on a 
 dollar to be paid to each of us, our heirs, executors, and ad- 
 ministrators, within the space of thirteen months from the date 
 hereof. And we, the creditors aforesaid, do further severally 
 and respectively covenant and agree with the said John Doe, 
 that he may, within the said time o^ thirteen months from the 
 date hereof, sell and dispose of his gt)ods and chattels, wares 
 and merchandise, at his own free will and pleasure, for the 
 payment of the ten cents on the dollar of each of our respec- 
 tive debts; and that neither of us will, at any time hereafter, 
 sue, arrest, or attach the said John Doe, or his goods and 
 chattels, for any debt now due and owing to us or any of us, 
 provided the said John Doe does well and truly pay, or cause 
 to be paid, the said ten cents for eveiy dollai* of each of our 
 several and respective claims against him. And all and each 
 of the covenants and agreements herein contained shall ex- 
 tend to and bind our several executors, adm'nistrotors, and 
 assigns. 
 
 Jn tDitncG3 toljcrcof, he [as in N'^ 2'^]. 
 
CONTRACTS. 
 
 CONTRACTS. 
 
 61 
 
 A contract is an agreement, between two or more parties, 
 fi;r the performance of some certain thing by them respec- 
 tively agreed upon. For forms of contracts, see under the 
 head " Agreements." 
 
 A charter-party is a contract of affreightment in wiiting, 
 by which the owner of a vessel lets the whole or a part of 
 her to another for the conveyance of goods on a particular 
 voyage, in consideration of the payment of freight. 
 
 No. 53. — Form of Charter-Party. 
 
 2!^l)is Cljrtrtcr-Partj}, made and concluded upon in the 
 city of New York, the tenth day of October, in the year one 
 thousand eight hundred and fifty , between JonN Doe, agent 
 for the oicner and master of the hrig Eagle, of tlie city of 
 Neio York, of the burden oifour hundred tons or thereabouts, 
 register measurement, now lying in the harbor of Mobile, in 
 the state of Alabama, of the first part, and Richard Roe, 
 merchant, of the city of Mobile, in the state of Alabama, of 
 the second part, iDitnCSSCtI), that the said party of the first 
 part, for and in consideration of the covenants and ygreements 
 hereinafter mentioned, to be kept and performed by the said 
 
 f)arty of the second part, doth covenant and agree on the 
 reighting and chartering of the said vessel unto the said party 
 of the second part, for a voyage from the port of Mobile, 
 in the state of Alabama, to Liverpool, England, on the terms 
 following, that it is to say : 
 
 First. The said party of the first part does engage that the 
 said vessel in and during the said voyage shall be kept tight, 
 stanch, ^11 fitted, tackU^d, and provided with every requisite, 
 and with men and provisions necessary for such a voyage. 
 
 Second. The said party of the first part does fuithcr engago 
 that the whole of said vessel (with the exception of the cabin, 
 the deck, and the necessary room for the accommodation 
 tho crew, and the stowage of the sails, crddcs, and provisiM 
 
 6 
 
62 
 
 CONTRACTS. 
 
 shall be at the sole use and disposal of the said parly of the 
 second part during the voyage aforesaid ; and that no goods 
 or merchandise whatever shall be laden on board, otherwise 
 than from the said party of the second part, or his agent, 
 without his consent, on pain of forfeiture of the amount of 
 freight agreed upon for the same. 
 
 Third. The said party of the first part does further engngo 
 to take and receive on board the said vessel, during the afore- 
 said voyage, all such lawful goods and merchandise as the 
 said party of the second part or his agents think proper to 
 ship 
 
 And the said party of the second part, for and in consider- 
 ation of the covenants and agreements to be kept and per- 
 formed by the said party of the first part, does covenant and 
 agree with the said paity of the first part, to charter and hire 
 the said vessel as aforesaid, on the terms following, that is to 
 say: 
 
 First. The said party of the second part does engage to 
 provide and furnish to the said vessel a sufficient cargo of 
 freight for ballast from one port to another on her voyage. 
 
 Second. The said party of the second part does further 
 engage to pay to the said party of the first part, or his agent, 
 for the charier or freight of the said vessel during the voyage 
 aforesaid, in the manner following, that is to say : 
 
 For the voyage to Liverpool, the sum of four thousand dol- 
 lars, laiiful money of the United States, on the delivery of 
 the freight afore said in the port of Liverpool. It is further 
 understood and agreed that the said party of the second part, 
 or his agent, is to pay all foreign port-charges, j>ilotage, and 
 dues incurred hy the vessel on her voyage, exclusive of the 
 before-mentioned sum of four thousand dollars ; the said par- 
 ty of the second part, or his agent, to furnish the said farty 
 of the first part sufficient money in the port aforesaid free of 
 charge for the same. 
 
 It is further agreed between the parties to this instrument, 
 that the said party of the second part shall be allowed for the 
 loading and discharging of the vessel at the respective ports 
 aforesaid, lay days as follows, that is to say : in t/^ port of 
 Mobile twenty lay days, and customary despatch wmthe port 
 of Liverpool. And in case the vessel is longer detained, the 
 said party of th.e second part agrees to pay to the said party 
 of the first part at the rate o^ fifty Spanish milled dollars per 
 day, day by day, for every clay so detained, provided such 
 
CONTRACTS, 63 
 
 delcntion shall happen by default of said party of the second 
 parr, or his agent. 
 
 It is also further understood and agreed, that the cargo or 
 cargoes shall be received and delivered alongside of the ves- 
 sel, within reach of her tackles, or according- to the custom 
 and usages at the ports of loading and discharging. 
 
 It is also further understood and agreed, that this charter 
 shall commence when the vessel is ready to receive cargo at 
 her place of loading, and notice thereof is given to the party 
 of the second part, or his agent ; and the said party of the 
 first part agrees to procceed with all despatch from Mobile 
 direct to Liverpool, and there discharge the cargo aforesaid. 
 
 To the true performance of all and every of the foregoing 
 covenants and agreements, the said parties each to the other 
 do hereby bind themselves, their heirs, executors, adminis- 
 trators, and assigns (especially the said party of the first part 
 the vessel, her freight, tackle, and appurtenances ; and the 
 said party of the second part the merciiandise tq be laden or 
 board), each to the other in the penal sum of eight thousand 
 dollars. 
 
 Jfu tcitncss tDl]CtCOf, the said parties have hereunto in- 
 terchangeably set their hands and seals the day and year first 
 above written. 
 Sealed and delivered ^ 
 
 in the presence of I JOHN DOE (seal). 
 
 John Smith, [ RICHARD ROE (seal). 
 
 JouN Stone. \ 
 
64 ' DEEDS AND MORTGAGES. 
 
 DEEDS AND MOkl GAGES. 
 
 Strictly speaking, every instrument under seal is a deed ; 
 but, in ordinary language, a conveyance of lands is intended. 
 
 Tliere should be a good consideration for a deed, wliicli 
 may be money, goods, services, or marriage. 
 
 A deed in fee simjde is a conveyance of the absolute and 
 entile ownership of the land. 
 
 A ivarranty deed is a conveyance in which the grantor 
 agi'ees to be answerable for any defect whatever that there 
 may be in the title. 
 
 A qtdt-claim deed is one whereby the grantor conveys away 
 all the title (if any) that he may perchance have in the land. 
 
 A trust-deed is a conveyance by which the grantee takes 
 the estate up'^n some trust, or for some special purpos«5, 
 therein specineJi. 
 
 A mortgage is a deed of land« conditionally, and is usually 
 given to secure the payment of money, by pledging the land 
 of the gi'antor therefor. It is usual to execute a bond, bear- 
 ing date on the same day with the mortgage, specifying the 
 amount to be paid, the time when it is to be paid, and the 
 interest agreed upon, to secure which the mortgage is given. 
 In some states a promissory note is used instead of a bond. 
 The description of the premises should be exact, so that they 
 may be readily identified. 
 
 These instruments should always be sealed, subscribed by 
 the person whose estate is conveyed, and by that person ac- 
 knowledged before the j^roper officer. 
 
 If it be impossible to acknowledge the instrument at the 
 time of execution, it is advisable always (and income states 
 requisite) that it should be witnessed hy two subscribing wit- 
 nesses. 
 
 The person to whom the conveyance is made should imme- 
 diately have tne instrument recorded in the proper office 
 
DEEDS. Qti 
 
 When a deed, mortga;;e, or release, is executed tn two or more pemons, 
 the whole name of each should be given ; and also when thev are the 
 grantors, each should sign his individual name. Never sign as a firm. 
 
 As to acknowledgments, and the rights of the wife, see the respeciiva 
 states. For form of satisfaction of mortgngos, see " IIelkask axd OATie- 
 
 lACTION.'' 
 
 No. 54.— Simple Deed, with Warranty. 
 
 Srijis Snbcnturc, made the Jifth day of Decemher, in tlie 
 year one thousand eioht hundred and Jiffi/y between John 
 Doe, of the city of Detroit, in the county of Wayne, and 
 state o£ Michigan, of the first part, and Richard Rc^e, of the 
 same place, of the second part — * 
 
 tUitncsSCtf), that the said party of the first part, for and 
 ill considerati<jn (jf the sum of ten thousand dollars, lawful 
 money of the United States, to him duly })aid before the de- 
 livery hereof, hath bargained and sold, and by these presents 
 doth grant and convey to the said party of the second part, 
 liis heirs and assigns, for ever, all that certain piece or parcel 
 of land, lying and being in the county of Shiawassee, and state 
 of Michigan, and which is known and described as follows, 
 to v/it : — 
 
 The nortli half of the northeast quarter of section numher 
 ten of toicn nuynher eight north, in range numher six east, 
 containing eighty acres more or less, together with all and 
 singular the tenements, heteditaments, and appurtenances, 
 and all the estate, title, and interest, of the said party of the 
 first part therein. And the said party of the first part doth 
 hereby covenant and agree with the said party of the second 
 part, that at the time of the delivery hereof, the said party of 
 th3 first part is the lawful owner of the premises above gi ant- 
 ed, and seized thereof in fee simple absolute, and that he will 
 warrant and defend the above-granted premises in the quiet 
 and peaceable possession of the said party of the second part, 
 his heirs and assigns, for ever. 
 
 Jn tuitncss Ulljcrcof, T have hereunto set my hand and 
 fionl, this fflh day of December, one thousand eight hundred 
 undffty. JOHN DOE ("seal J. 
 
 >ealod and delivered in the presence of ) 
 John Smith, Peter Jones. ) 
 
 6» 
 
GQ 
 
 No. 55. — Simplo Deed, witliciit Warranty. 
 
 ®l)is JJnbenture, &c. [as in No. 54 to the ♦ ] — 
 toitncsscti), that the said John Doe, for and in consider- 
 ation of one thouftand dollars, lawful money of the United 
 States, to him in hand paid by the said Richard Roe the 
 receipt whereof is hereby acknowledged, hath graiited, bar- 
 gained, and sold, and by these presents doth grant, bargain, 
 sell, convey, and confirm, unto the said Richard Roe, his 
 heirs, executors, administrators, and assigns, for ever, all and 
 singular that certain piece or parcel of land situate in the 
 town of Andover, in the county ot WindJiam, and state of 
 Vermont [here describe the land], together with all and singu- 
 lar the tenements, hereditaments, and appurtenances, there- 
 unto belonging; and the reversions, remainders, rents, issues, 
 and profits thereof, and all the estate, title, and interest, of the 
 said John Doe, to the said premises, or any part thereof. 
 Jn luitucss toljereof, &;c. [as in No. 54]. 
 
 No. 56. — Quit-claim Deed by Husband and Wife.* 
 
 ®l)is Inbentnrc, made the tenth day of April, in the 
 year one thousand eight hundred and fifty ^ between John 
 Doe, of the city o^ Nashville, in the county o^ Davidson, and 
 state of Tennessee, and Susan his wife, parties of the first 
 part, and Richard Roe, of the town of Lebanon, in the county 
 of Wilson, dLiid. state of Tennessee, party of the second part — t 
 
 toitncsscti)^ that the said parties of the first part, for and 
 in consideration of the sum of two thousand dollars, lawful 
 money of the United States, to them in hand paid by the said 
 party of the second part, at or before the ensealing and de- 
 livery of these presents, the receipt whereof is hereby ac- 
 knowledged, liave remised, released, and quit-claimed, and 
 by these presents do remise, release, aiid quit-claim, unto the 
 said party of the second part, and to his heirs and assigns, 
 for ever, all that certain piece or parcel of land lying and 
 being situated in the toivn, ^c. [here describe the land], to- 
 gether with all and singular the tenements, hereditaments, 
 
 • It will be understood that the forms in which the wife is included are also 
 correct for a single person, by the oaaission of those parts which refer to the wife 
 and her interest in the property. 
 
DEEDS. 67 
 
 and appurtenances, thereunto belonging or in anywise apper- 
 taining, and the reversion and reversions, remainder and re- 
 mainders, rents, issues, and profits thereof; and also all the 
 estate, right, title, interest, dower and right of dower, prop- 
 erty, possession, claim, and demand whatsoever, as well in 
 law as in equity, of the said parties of the first part, of, in, or 
 to the above-described premises, and every part and parcel 
 thereof with the appurtenances. ^0 \)aVC anb tO l)Olb all 
 and singular the above mentioned and described premises, 
 together with the appurtenances, unto the said party of the 
 second part, his heirs, and assigns, for ever. 
 
 Jn oitness tDf)ereof, the said parties of the first part 
 have hereunto set their hands and seals the day and year first 
 above written. 
 
 JOHN DOE fscalj. 
 SUSAN DOE fsealj. 
 Sealed and delivered in the presence of ^ 
 
 John SMrm, > 
 
 John Jones. ) 
 
 No. 57. — Deed, by Husband and Wife, with fulL 
 Covenants (or Warranty). 
 
 (^l)is Inbcntnrc, &c. [as in No. 56 to the t ] — 
 tDitncssetl), that the said parties of the first part, for and 
 in consideration of the sum of twelve hundred dollars, lawful 
 money of the United States, to them in hand paid by the said 
 party of the second part, at or before the ensealing and de- 
 livery of these presents, the receipt whereof is hereby ac- 
 knowledged, and the said party of the second part, his heirs, 
 ♦ executors, and administrators, for ever released and dis- 
 charged from the same, by these piesents, have granted, bar- 
 gained, sold, aliened, remised, released, conveyed, and con- 
 firmed, and by these presents do grant, bargain, sell, alien, 
 remis(;, release, convey, and confirm, unto the said party of 
 the second part, and to his heirs and assigns, far ever, all that, 
 k.c. [here dcscrihc the property^, together with all and singu- 
 lar the tenements, hereditaments, and appurtenances, there- 
 unto belonging or in any wise appertaining, and the reversion 
 and reversions, remainder and remainders, rents, issues, and 
 jirofits thereof; and also all the estate, right, tit-le, interest, 
 
 r ~- 
 
68 DEEDS. 
 
 demand whatsoever, as well in law as in equity, of the said 
 parties of the first part, of, in, and to the same, and every 
 part and parcel thereof, with the appurtenances. ^0 \)ave 
 ailb to IjOlb the above granted, bargained, and described 
 premises, with the appurtenances, unto the said parly of the 
 second part, his heirs and assigns, to his and their own proper 
 use, benefit, and behoof, for ever. 
 
 And the said John Doe, for himself, his heirs, executors, 
 and administrators, doth covenant, grant, an.d agree, to and 
 with the said party of the second part, his heirs and assigns, 
 that the said John Doe, at the time of the sealing and delivery 
 of these presents, M^as lawfully seized in his own right of a 
 good, absolute, and indefeasible estate of inheritance, in fee 
 simple, of and in all and singular the above granted and de- 
 scribed premises, with the appurtenances, and has good right, 
 full power, and lawful authority, to grant, bargain, sell, and 
 convey the same, in manner aforesaid : and that the said paily 
 of the second part, his heirs and assigns, shall and may, at all 
 times hereafter, peaceably and quietly have, hold, use, occupy, 
 possess, and enjoy the above-granted premises, and every 
 part and parcel thereof, with the appurtenances, without any 
 let, suit, trouble, molestation, eviction, or disturbance, of the 
 said parties of the first part, their heirs or assigns, or of any 
 other person or persons lawfully claiming or to claim the 
 same : and that the same now are free, clear, discharged, and 
 unencumbered, of and from all former and other grants, titles, 
 charges, estates, judgments, taxes, assessments, and encum- 
 brances, of what nature or kind soever : and also that the 
 said parties of the first part and their heirs, and all and every 
 person or persons whomsoever, lawfully or equitably deriving 
 any estate, right, title, or interest, of, in, or to the herein be- 
 fore-granted premises, by, from, under, or in trust for them 
 or either of them, shall and will, at any time or times here- 
 after, upon the reasonable request, and at the proper costs 
 and charges in the law, of the said party of the second wart, 
 his heirs and assigns, make, do, and execute, or cause to be 
 made, done, and executed, all and every such further and 
 other lawful and reasonable acts, conveyances, and assurances 
 m the law, for the better and more effectually vesting and 
 confirming the premises hereby granted or so intended to bo 
 in and to the said party of the second part, his heii's and as- 
 signs, for ever, as by the said paity of the second part, his 
 heirs or assigns, his or their counsel learned in the law, shall 
 
DEED3. >!L«a:>.«5»^««i: (jg 
 
 be reasonably advised or required. And the said John Doe, 
 his heirs, the above described and hereby granted and re 
 leased premises, and every part and parcel tliereof, with the 
 appurtenances, unto the said party of the second part, his 
 heirs and assigns, agahist the said parties of the first part and 
 their heirs, and against all and every person and persona 
 whomsoever, lawfully claiming or to claim the same, shall and 
 will warrant and by these presents for ever defend. 
 Jn milncss m{)CXCO{, &c. [as in No. 56]. 
 
 No. 53. — Deed by Executors. 
 
 ST^is Jnbcilture, made the txccntieth day of March, one 
 thousand eiglit hundred and fifty, between John Doe, of 
 the city of ]Sle7nj)his, in the county of Shdhy, and state of 
 Tennessee, and Richard Roe, of the town oi^ Raleigh, of the 
 county and state aforesaid, executors of the last will and tes- 
 tament of John Smith, l^ite of Raleigh, in the county of 
 Shelly, and state of Tennessee, deceased, parties of the first 
 part, and John Jones, of Raleigh, in the county of Shelby, 
 and state of Tennessee, farmer, party of the second part — 
 
 tUitncsscll), that the said parties of the first part, by vir- 
 tu*; of the power and authority to them given in and by the 
 said last will and testament, and for and in consideration of 
 tlie sum o^ eight hundred dollars and tioenty-fivc cents, lawful 
 money of the United Slates, to them in hand paid at or before 
 the ensealing and delivery of these presents, by the said party 
 ^)f the second part, the receipt whereof is hereby acknowl- 
 etlgetl, and the said party of the second part, his heirs, execu- 
 tors, and a<lministrators, for ever released and discharged 
 from the same by these presents, have gi'antcd, bargained, 
 sold, aliened, released, conveyed, and confirmed, and by these 
 presents dtj grant, bargain, sell, alien, release, convey, and 
 confirm, unto the said party of the second part, his heirs and 
 assigns for ever, all that certain piece or parcel of land, situ- 
 ate, lying, and being in \\\q town o^ Raleigh, in the county of 
 Shilby, an<l state of Tennessee, and which is known and de- 
 scribed as follows [here insert description of land] ; togolher 
 with all and singular the edifices, buildings, rights, members, 
 privileges, advantages, hereditaments, and appurtenances, to 
 the same bekmging, or in anywise appertaining; and the 
 reversion and reversions, remainder and remainders, rents 
 
70 DEEDS. 
 
 issues, and profits tliereof : and also all the estate, right, title, 
 interest, claim, and demand whatsoever, both in law and 
 equity, whicli the said testator had in his lifetime, and at the 
 time of his decease, and which the said parties of the first 
 part, or either of them, have or hath, by virtue of the said 
 last will and testament, or otherwise, of, in, and to the same, 
 and every part and parcel thereof, with the appurtenances. 
 ®0 \;)avc anh to ijolb the said premises above mentioned 
 and described, and hereby granted and conveyed, or intended 
 so to be, with the appurtenances unto the said party of the 
 second part, his heirs and assigns, to his and their only proper 
 use, benefit, and behoof, for ever. 
 
 And the said parties of the first part, for themselves sever- 
 ally and respectively, and for their several and respective 
 heirs, executors, and administrators, do severally, and not 
 jointly, nor the one for the other or others of them, nor for 
 the heirs, executors, admhiistrators, or acts or deeds of the 
 other or others of them, but each and every of them, for him- 
 self only and for his and their heirs, executors, and adminis 
 trators, and their several and separate acts and deeds only, 
 covenant, grant, promise, and agree to and with the said party 
 of the second part, his heirs and assigns, that the said party 
 of the second part, his heirs and assigns, shall and lawfully 
 may from time to time, and at all times for ever hereafter, 
 peaceably and quietly have, hold, use, occupy, possess, and 
 enjoy, all and singular the said hereditaments and premises 
 hereby granted and conveyed, or intended so to be, with their 
 and every of their appurtenances, and receive and take the 
 rents, issues, and profits thereof, to and fi>r his and their own 
 use and benefit, without any lawful let, suit, hinderance, mo- 
 lestation, interruption, or denial whatsoever, of, from, or by 
 them the said parties of the first part, their heirs or assigns ; 
 or of, from, or by any other person or persons whomsoever 
 lawfully claiming, or who shall or may lawfully claim here- 
 after, by, from, or under them, or either of them, or by, from, 
 or under their or either of their right, title, interest, or estate : 
 and that free and clear, and freely and clearly discharged; 
 acquitted, and exonei'ated, or otherwise well and sufficiently 
 saved, defended, kept harmless and indemnified by them, the 
 said parties of the first part, their heirs and assigns, of, from 
 and against all and all manner of former and other gifts, 
 grants, bargains, sales, mortgages, judgments, and all other 
 charges and encumbrances whatsoever, had, inade, commit 
 
DEEDS. 71 
 
 ted, executed, or done, by them the said parlies of the first 
 part, or by, through, or with, their or either of their act3, 
 deeds, means, consent, procurement, or privity. 
 
 3n tXjitncSS CO hereof, the said parties to these presents 
 have hereunto interchangeably set their bands and seals the 
 day and year first above written. 
 Signed, sealed, and delivO jQpj^ ^qj, ^^^^^^ 
 
 ered, m presence of I RiCHARD ROE fseal} 
 
 ■ Hknky H.GCNs, r j(3jjj^ SMITH (seal). 
 James ^hort. » 
 
 No. 59. — Tmst-DeecL 
 
 (This iJnbciUnrc, «S:c. [as in No. 54 to * ] — 
 iDljcrcaS, the said John Doe is desirous to make provis- 
 ion y?>»r his daughter Jane Doe, now of the age o£ tivcnfy-two 
 years, against future contingencies, and for her maintenance 
 and support ; and whereas, the said John Doe is desirous 
 that his said daughter should enjoy the proceeds, rents, issues, 
 and income, of the real estate hereinafter more particularly 
 described, during the term of her natural life, free from the 
 control, liabilities, or interference, of any husband that she 
 now has or may hereafter have : 
 NoTD, tl)crefore, tl)is Inbenluretoimessetl), that the said 
 
 John Doe, in consideration of the premises, and of the sum 
 of one dollar, lawful money of the United States, to him in 
 hand paid by the said party of the second part, tlie receipt 
 whereof is hereby acknowledged, hath bargained, sold, aliened, 
 remised, released, conveyed, and confirmed, and by these 
 presents doth .bargain, sell, alien, remise, release, convey, ana 
 confirm, unto the said party of the second part, all that cer- 
 tain lot, piece, or parcel of land situate, lying, and being in 
 the tovm of, &c. [here describe the premises] ; together with 
 all and singular the tenements, hereditaments, and appurte- 
 nances thereunto lielonging or in any wise appertaining; and 
 the reversion and reversions, remainder and remainders, rents, 
 issues, and profits thereof; and also all the estate, right, title, 
 interest, property, possession, claim, and demand whatsoever, 
 as well at law as in equity, of the said party of the first part, 
 of, in, or to the above-dcscribtxl premises, and every part and 
 par'*el there<»f, with the appurtenances. "^ 
 
72 DEEDS. 
 
 ijolb all and singular the above mentioned and described prem 
 ises, together with the appurtenances, unto the said Richard 
 Roe, his successors and assigns — 
 
 Jn (S^rnSt,* and to and for the several uses, intents, and 
 purposes, hereinafter mentioned, namely : 
 
 First. In trust to lease the same, and to take, collect, and 
 receive the rents, issues, and profits thereof; and out of 
 the same to keep the said premises in good order and re- 
 pair, and properly insured, and pay all taxes, assessments, and 
 charges, that may be imj^osed thereon. 
 
 Secondly. In trust to pay the residue of such rents, issues, 
 and income, to my daughter Jane Doe, upon her sole and 
 separate receipt, to the intent and purpose that she may en- 
 joy, possess, and have the same, free from the control, inter- 
 ference, or liabilities, of any hushand she now has or may 
 hereafter have, during the term of her natural life. 
 
 Thirdly. In trust to convey the said land and premises to 
 such person or persons as she, the said Jane Doe, by her 
 last will and testament, or by an instrument in the nature of 
 a last will and testament, subscribed by her in the presence 
 of two credible witnesses, notwithstanding her coverture, may 
 direct and appoint. 
 
 And the said John Doe hereby declares, that upon the de- 
 cease of his said daughter Jajve Doe, the said trusts shall 
 cease and determine, and the land and premises above de- 
 scribed, shall belong, in fee simple absolute, to such person 
 or peri-;ons as the said Jane Doe shall, as aforesaid, direct 
 and appoint ; and in default of such appointment, shall revert 
 to the said John Doe, the grantor herein named, and to his 
 heirs, to his and their sole use, benefit, and behoof, for ever. 
 
 And the said party of the second part doth hereby signify 
 his acceptance of this trust, and doth hereby covenant and 
 a;^ree, to and with the said party of the first part, faithfully to 
 discharge and execute the same according to the true intent 
 and meaning of these presents. 
 
 Ju xuitncss IDljcreof, &c. \as in No. f4]. 
 
 * It will be understood that only the general idea of the manner in wliich a 
 trust should be drawn can be given : the condition for which the trust is granted 
 tv'cst depend on the nature of the property and intention of the grantor. 
 
 wr 
 
MORTUAGES. 73 
 
 No. 60.— Short Fohn of Mortgage, with Power of 
 
 Sale. 
 
 d)is JFnbcnture, made the tldrticih day oi November, in 
 ihe year one thousand ei<i:ht hundred m\(\.ffty, between John 
 Doe, of the toton of Wheatland, m the county of Monroe^ 
 and stale of New York, of the first part, and Richard Roe, of 
 flie village of Scottville, in the county of Monroe, and state 
 of Ncio York, of the second part — 
 
 iDitncSSCtI), that the said party of the first part, in con- 
 sideration of the sum of one thousand dollars, lawful money 
 of the United States, to him duly paid, has sold, and by these 
 presents does grant and convey, to the said party of the sec- 
 ond part, all that certain piece or parcel of land, &c. [here 
 describe the land], with the appurtenances, and all the estate, 
 title, and interest, of the said party of the first part therein. 
 
 (2^1)is ©rant is intended as a security for the payment of 
 one thousand dollars, on the Jirst day of January, one thou- 
 sand eight hundred and ffty-Jive, with interest thereon, pay- 
 able semi-annually, at the rate of seven per cent, per annum, 
 which payments, if duly made, will render this conveyance 
 void. And if default shall be made in the payment of the 
 principal or interest above mentioned, then the said party of 
 the second part, and his assigns, are hereby authorized to 
 sell the premises above granted, or so much thereof as will 
 be necessary to satisfy the amount then due, with the costs 
 and expenses allowed by law. 
 
 Jn ujitncss u»l)ercof, &c. \as in No. 54]. 
 
 Wo. 61. — Mortgage by Husband and Wife, with 
 Interest and Insurance Clause. 
 
 (2Ll)is Jllbenturc, made the sixth day of July, in the year 
 «»ne thousand eight hundred mid JlJ'ty, between John Dof„ of 
 tlie city of Charleston, in the district of Charleston, and stafe 
 of South Carolina, j.nd Jane his wife, parties of the first parr, 
 iid RicuARD Roe, of the same place, party of the eecond 
 i-an : 
 
 U)l)crcas, the said John Doe is justly indebted to the said 
 j)ariy of the second part in the sum of one thousand Jour hun- 
 dred dollars, lawful money of the linked St atCia. s ecured to 
 
74 MORTGAGES. 
 
 be paid by his certain bond or obligation bearing even date 
 with these presents, in the penal sum of two thousand eight 
 hundred dollars^ lawful money as aforesaid, conditioned for 
 the payment of the said first-mentioned sum of one thousand 
 four hundred dollars, lawful money as aforesaid, to the said 
 party of the second part, his executors, administrators, or as- 
 signs, on the tenth day of March, which will be in the yeai 
 of our Lord one thousand eight hundred and Jlfty-six, and 
 the interest thereon, to be computed from the date hereof, at 
 and after the rate of six per cent, per annum, and to be paid 
 quarter yearly: And it is thereby expressly agreed, thai 
 should any default be made in the payment of the said inter- 
 est, or of any part thereof, on any day whereon the same ia 
 made payable, as above expressed, and should the same re- 
 main unpaid and in arrear for the space of ten days, then and 
 from thenceforth, that is to say, after the lapse of the said ten 
 days, the aforesaid principal sum of one thousand four hun- 
 dred dollars with all arrearage of interest thereon, shall, at 
 the option of the said party of the second part, his executors, 
 administrators, or assigns, become and be due and payable 
 immediately thereafter, although the period above limited 
 for the payment thereof may not then have expired, any- 
 thing therein before contained to the contrary thereof in any 
 wise notwithstanding : as by the said bond or obligation, and 
 the condition thereof, reference being thereunto had, may 
 more fully appear.* 
 
 NotD tl)is JJnbenture tOltneBSetl)^ that the said parties 
 of the first part, for the better securing the payment of the 
 said sum of money mentioned in the condition of the said 
 bond or obligation, with interest thereon, according to the 
 true intent and meaning thereof, and also for and in consid- 
 eration of the sum oi one dollar, to them in hand paid by the 
 said party of the second part, at or before tlie ensealing and 
 delivery of these presents, the receipt whereof is hereby ac- 
 knowledged, have granted, bargained, sold, aliened, released, 
 conveyed, and confirmed, and by these presents do grant, bar- 
 gain, sell, alien, release, convey, and confirm, unto the said 
 party of the second part, and to his heirs and assigns for ever, 
 all that certain lot, piece, or parcel of ground, situate, lying, 
 and being in the district aforesaid, and which may be better 
 known and described as follows, namely : Beginning at a 
 
 * Bond No. 45 has been drawn to correspond with this mortgage, and should 
 aoc^nipany it, to make the papers complete. 
 
MORTGAGES 75 
 
 •post planted on tJ e northerly side of the highway leading 
 from the said city of Charleston to Pahnetto bridge distant 
 two hundred and fifty feet easterly from the easterly side of 
 John Smithes stone ?nill ; thence running north twenty fii-e 
 degrees east thirty chains, to. a stone there planted ; them-t 
 east sixty five degrees south thirty five chains ; thence south 
 twenty five degrees west twenty five chains, to the said northei 
 1y side of the said highway ; thence westerly along the nor- 
 therly side of the highway thiriy-six chains, more or less, to 
 the place of beginning, containing by admeasurement ten 
 acres more or less :* together with all and singular the tene- 
 raents, hereditaments, and appurtenances, thereunto belong- 
 ing 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 
 and right of dower, property, possession, claim, and demand 
 whatsoever, as well in law as in equity, of the said parties of 
 the first part, of, in, and to the same, and every part and par- 
 cel thereof, with the appurtenances. ®o Ijaoe axit Xo l)oib 
 the above granted and described premises, with the appurte- 
 nances, unto the said party of the second part, his heirs and 
 assigns, to his and their own proper use, benefit, and behoof, 
 for ever : Provided always, and these presents are upon 
 this express condition, that if the said parties of the first part, 
 their heirs, executors, or administrators, shall well and truly 
 pay unto the said party of the second part, his executors, ad- 
 ministrators, or assigns, the said sum of money mentioned in 
 the condition of the said bond or obligation, and the interest 
 thereon, at the time and in the manner mentioned in the said 
 condition, according to the true intent and meaning thereof, 
 that then these presents, and the estate hereby granted, shall 
 cease, detennine, and be void : 
 
 And the said John Doe, for himself, his heirs, executors, 
 and administrators, doth covenant and agree to pay unto the 
 8ai|} party of the second part, his executors, administrators, 
 or assigns, the said sum of money, and interest, as mentioned 
 above, and expressed in the condition of the said bond. 
 
 [And it is also agreed by and between the parties to these 
 
 1)resents, that the said parties of the first part shall and will 
 :eep the buildings erected and to be erected upon the lands 
 
 " Thia form of describing property is that asaally adopted in the older states. 
 The deacription in No. 54 applies to lands which have been sarveyed by tlie 
 gf ucraJ gOTcrameot. 
 
70 MORTGAGES. 
 
 above conveyed, insured against loss and damage by fire, by 
 insurers and in an amount approved by the said party of the 
 second part, and assign the policy and certificates thereof to 
 the said party of the second part ; and in default thereof, it 
 shall be lawful for the said party of the second part to effect 
 such insurance, and the premium and premiums paid for 
 effecting the same shall be a lien on the said mortgaged prem- 
 ises, added to the amount of the said bond or obligation, and 
 secured by these presents, and payable on demand with inter- 
 est at the rate of seven per cent, per annum.]* 
 
 JIn toitness toljercof, the parties to these presents have 
 hereunto set their hands and seals the day and year first above 
 written. 
 Signed, sealed, and deliv- ') 
 
 ered, in presence of I JOHN DOE (seal). 
 
 Petkr Penny, ( JANE DOE (^*eaZ;. 
 
 Hiram Jacobs. \ 
 
 No. 62. — Mortgage to Executors. 
 
 ®l)is Snbentnre^ made the tenth day of Ajyril, in the 
 year one thousand eight hundred and fifty, between John 
 Doe, of the city of Savannah, in the county of Chatham, and 
 state of Georgia, of the first part, and Richard Roe and John 
 Jones, both of the town of Mill edg evil le, in the county of 
 Baldwin, and state of Georgia, executors of the last will anti 
 testament of John Smith, late of Milledgeoillt ajoresaid, of 
 the second part : 
 
 lX)i)Crcas, the said .Iohn Doe is justly indebted to the said 
 parties of ihe second part in the sum of ten thousand, dollars, 
 lawful money of the United States, secured to be paid by his 
 certain bond or obligation, bearing even date with these pret,- 
 ents, in the penal sum of twenty thousand dollars, lawful money 
 as aforesaid, conditioned for the payment of the said first- 
 mentioned sum of ten thousand dollars, on the first day of 
 January, in the year one thousand eight hundred and fifty- 
 hix, with hiterest thereon at the rate of six per cent, per an- 
 num, payable semi-annually , as by the said bond or obligation 
 and the condition thereof, reference being thereunto had, may 
 more fully appear. 
 
 • This insurance clause may be omitted at pleasure. 
 
BIORTGAGES. 77 
 
 IXom tills JnbcntnrC toitncSSftl], that the said party of 
 the first part, for the better securing the payment of the said 
 sum of money mentioned in the condition of the said bond or 
 obligation, with interest thereon, accordnig lo the true hitent 
 and meaning thereof, and also for and in ccmsideration of tlie 
 sum of one dollar to him in hand paid by the said parties of 
 the second part, at or before the ensealing and delivery ol 
 these presents, the receipt whereof is hereby acknowledged, 
 has granted, bargained, sold, aliened, released, conveyed, and 
 confirmed, and by these presents dotlf grant, bargain, sell, 
 alien, release, convey, and confirm, unto the «aid parties of 
 the second part, and the survivors and survivor, and their 
 assigns, for ever, all that, &c. [here describe the properti/ 
 mortgaged] ; together with all and singular the tenements, 
 hereditaments, and appurtenances, thereunto belonging or in 
 any wise appertaining, and the reversion and reversions, re- 
 mainder and remainders, rents, issues, and profits tliereof: 
 and also all the estate, right, title, interest, property, posses- 
 sion, claim, and demand whatsoever, as well ni law as in equi- 
 ty, of the said party of the first part, of, in, arid to the same, 
 and eve-y part and parcel thereof, with the appurtenances, 
 Qio l)afC anb to \)0w all and singular the above granted, 
 bargained, and described premises, with the appurtenances, 
 unto the said parties of the second part, the survivors and 
 survivor, and their assigns, to their only proper use, benefit, 
 and behoof, for ever : Provided always, and these presents 
 are upon this express condition, that if the said party of the 
 first part, his heirs, executors, or administrators, shall well 
 and truly pay unto the said parties of the second part, the 
 survivors or survivor, or their assigns, the said sum of money 
 mentioned in the condition of the said bond or obligation, and 
 the interest thereon, at the time and in the manner mentioned 
 in the said condition, according to the true intent and mean- 
 ing thereof, that then these presents, and the estate hereby 
 granted, shall cease, determine, and be null and void. 
 
 And the said John Dok, for himself, his heirs, executors, 
 and administrators, doth covenant and agree to pay unto the 
 said parlies of the second part, the survivors or survivor, or 
 their assigns, the said sum of money, and interest, as men- 
 tioned above, and expressed in the condition of the said bond. 
 
 In wilncss tDl)Crcot, &c. [as in No. 54]. 
 7* 
 
78 MORTGAGES. 
 
 No, 63. — Mortgage to secure a Note. 
 
 S^l)is Jnbentlire, made the twelfth day of October, in the 
 year of our Loi^ one thousand eight hundred and fifty, be- 
 tween John Doe, of Iowa City, in the county of Johnson^ 
 and state of Iowa, of the first part, and Richard Roe, of the 
 town of Galena, in the county of Jo Daviess, and state of 
 Illinois, of the second part : 
 
 ' toitnesSiJtl)t ^^^^^ t^^^ said party of the first part, in consid- 
 eration of the sum of seven hundred and ten dollars, lawfu! 
 money of the*[Jnited States, to him in hand paid, the receipt 
 whereof is hereby acknowledged, hath granted, bargained, 
 sold, aliened, remised, released, conveyed and confirmed, and 
 by these presents doth grant, bargain, sell, alien, remise, re- 
 lease, convey, and confirm, unto the said party of the second 
 part, and to his heirs and assigns for ever, all that, &c. [here 
 describe the j)roj)erty mortgaged^, together with all and singu- 
 lar the tenements, hereditaments, and appurtenances, there- 
 unto belonging or in any wise appertaining, and the reversion 
 and reversions, remainder and remainders, rents, issues, and 
 profits thereof; and also all the estate, right, title, interest, 
 claim, and demand whatsoever, as well in law as in equity, of 
 the said party of the first part, of, in, and to the same, ^o 
 Ijauc (XXlh t0 I)olb the above granted and described prem- 
 ises, with the appurtenances, unto the said party of the sec- 
 ond part, his heirs and assigns, to his and their own proper 
 use, benefit, and behoof, for ever : Provided always, and 
 these presents are upon this condition, that if the said party 
 of the first part shall well and truly pay his certain promissory 
 note, bearing even date herewith, given to the said party of the 
 second part for the sum of seven hundred and ten dollars, 
 lawful money as aforesaid, according to the tenor of said note, 
 then these presents shall become void, and the estate hereby, 
 granted shall cease and utterly determine. 
 
 Jn tuitn^SS tX)l)etJC0f, the said party of the first part to 
 these presents has hereunto set his hand and seal the day and 
 year first above written. 
 
 JOHN DOE (seal). 
 Sealed and delivered in the presence of ^ 
 
 John Smith, > 
 
 John Jones. i 
 
MORTGAGES. 79 
 
 Ijo. 64.— Mortgage on Lease, with Covenant to 
 Insure. 
 
 (2El)is Inbentttre, made the seventJt day of November, in 
 tlie year one thousand eight hundred diXidi fifty, between John 
 DoL, of the city of New York, in the county of New York, 
 and state o^ New York, and Richard Roe, of the same place, 
 parties of the first part, and John Smith, of the village of 
 Wiitiamsburgh, in the county of Kings, and state of New 
 York, of the second part : 
 
 tohifTfas, John Jones did, by a certain indenture of lease, 
 bearing dale the^r*^ day of August, in the year one thousand 
 eio^lit hundred and fifty, demise, lease, and to fanii let, unto 
 the said patties of the first part, and to their executors, ad- 
 ministrators, and assigns, all and singular the premises here- 
 inafter mentioned and described, together with their appur- 
 tenances : tto hfltJC ax\h to l)0lJ> the same unto the said par- 
 ties of the fiist part, and to their executors, administrators, 
 and assigns, for and during and until the full end and term of 
 twenty-one yeais, from the^r*^ day of August last, and fully 
 to be complete and ended, yielding and paying therefoy^- unto 
 the said John Jones, and to his heirs, executors, administra- 
 tors, or assigns, the yearly rent or sum of one hundred dollars : 
 and whereas, the said parties of the first part are justly in- 
 debted to the said party of the second part, in the sum of 
 five hundred dollars, lawful money of the United States, se- 
 cured to be paid by their certain bond or obligation bearing 
 even date with these presents, in the penal sum of one thou- 
 sand dollars, lawful money as aforesaid, conditioned for the 
 payment of the first-mentioned sum o? five hundred dollars, 
 as by the said bond or obligation and the condition thereof, 
 reference being thereunto had, may more fully 8;)pear : 
 
 l&om lljis Inbcnture tuitncSfiCtlj, that the said parties 
 of the first part, for the better securing the payment of the 
 said sum of money mentioned in the condition of the said 
 bond or obligation, with interest thereon, according to the 
 true intent and meaning thereof, and also for and in consider- 
 ation of the sum of one dollar, to them in hand paid by the 
 said party of the second part, at or before the ensealing and 
 delivery of these presents, the receipt whereof is hereby ac- 
 knowledged, have granted, bargained, sold, assigned, trans- 
 t'orred, and set over, anjl by these presents do grant, bargai 
 
BO MORTGAGES. 
 
 sell, assign, transfer, and set over, unto the said party of the 
 second part, all that certain piece, parcel, or lot of land, situ- 
 ate in the city of New York, in the county of New York, and 
 state of New York, and which is known and described as 
 follows, namely [here describe the land], together with all and 
 singular the edifices, buildings, rights, members, privileges, 
 and appurtenances, thereunto belonging or in any wise ap- 
 pertaining : and also all the estate, right, title, interest, term 
 of years yet to come and unexpired, property, possession, 
 claim, and demand whatsoever, as well in law as in equity, of 
 the said parties of the first part, of, in, and to the said demised 
 premises, and every part and parcel thereof, with the appur- 
 tenances : and also the said indenture of lease, and every 
 clause, article, and condition, therein expressed and contained. 
 ®0 I)at)e anb \0 l^olb the said indenture of lease, and other 
 hereby granted premises, unto the said party of the Second 
 part, his executors, administrators, and assigns, to his and 
 their only proper use, benefit, and behoof, for and during 
 all the rest, residue, and remainder, of the said term of 
 years yet to come and unexpired : subject, nevertheless, 
 to the rents, covenants, conditions, and provisions, in the 
 said iwdenture of lease mentioned : Provided always, and 
 these presents are upon this express condition, that if the 
 said parties of the first part shall well and truly pay unto 
 the said party of the second part the said sum of money men- 
 tioned 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 mean- 
 ing thereof, that then and from thenceforth these presents, and 
 the estate hereby granted, shall cease, determine, and be ut- 
 terly null and void, anything herein before contained to the 
 contrary in any wise notwithstanding. 
 
 And the said partiesof the first part do hereby covenant, grant, 
 promise, and agree to and with the said party of the second part, 
 that they shall well and truly pay unto the said party of the sec- 
 ond part, the said sum of money mentioned in the condition of 
 the said bond or obligation, and the interest thereon, accord- 
 ing to the condition of the said bond or obligation ; and that 
 the said premises hereby conveyed now are free and clear of 
 all encumbrances whatsoever, and that they have good right 
 and lawful authority to convey the same in manner and form 
 hereby conveyed : and if default shall be made in the payment 
 
 f the said sum of money above mentioned, or in the interest 
 
MORTGAGES. 81 
 
 which shall accrue thereon, or of any part of either, that then 
 and from thenceforth it shall be lawful for the said party of 
 the second part, and his assigns, to sell, transfer, and set over, 
 all the rest, residue, and remainder, of the said term of years 
 then yet to come, and all other the right, title, and interest, 
 of the said parties of the first part, of, in, and to the same, at 
 public auction : and as the attorney of the said parties of the 
 first part, for that purpose by these presents duly authorized, 
 constituted, and appointed, to make, seal, execute, and deliver to 
 tne purchaser or purchasers thereof, a good and sufficient as- 
 signme|it, transfer, or other conveyance in the law, for the 
 same premises, with the appurtenances ; and out of the money 
 arising from such sale, to retain the principal and interest 
 which shall then be due on the said bond or obligation, to- 
 gether with the cost and charges of advertisement and sale 
 of the same premises, rendering the overplus of the purchase 
 money (if any there shall be) unto ihe said parties of the first 
 part, or their assigns ; which sale, so to be made, shall be a 
 perpetual bar, both in law and equity, against the said parties 
 of the first part, and against all persons claiming or to claim 
 the premises, or any part thereof, by, from, or under them, 
 or any of them. 
 
 [And it is also agreed by and between the parties to these 
 presents, that the said parties of the first part shall and will 
 keep the buildinojs erected and to be erected upon the lands 
 above conveyed, insured against loss and damage by fire, by 
 insurers, and in an amount approved by the said party of the 
 second part, and assign the policy and certificates thereof to 
 the said party of che second part ; and in default thereof, it 
 shall be lawful for the said party of the second part to effect 
 such insurance, and the premium and premiums paid for 
 effecting the same shall be a lien on the said mortgaged prem- 
 ises, added to the amount of the said bond or obligation, and 
 secured by these presents, and payable on demand, with in- 
 terest, at the rate o^ seven per cent, per annum.]* 
 
 Jfn loitncss ttll]ercof, the parties of the first part to these 
 presents have hereunto set their hands and seals the day and 
 year first above written. 
 Sealed and delivered ^ 
 
 in the presence of I JOHN DOE (seal). 
 
 John Gates, [ . RICHARD ROE (seal). 
 
 John Stone. ^ 
 
 " Tliifl L-laufle cat! bo omilleil when not reqaii 
 
82 DOWER 
 
 DOWER. 
 
 Dower Is the interest which the law allows a wife in the 
 lands of her husband, in the event of her surviving him. It 
 is generally the right to have the one third part in value of 
 the lands of her husband set off to her for her use during h^r 
 natural life, but which she can not dispose of for a, longer 
 period than her life. The rights of the wife in personal 
 property depend on the statute regulations of the states. 
 
 If the husband by his will devise a legacy to her in lieu of 
 her dower, she has the right to choose which she will take, 
 the dower or the legacy. 
 
 In case of an exchange of lands, the widow must elect 
 whether she will take her dower in the lands given in ex- 
 cliange or in those taken in exchange. 
 
 An assignment of dower is a conveyance, by the heirs, of a 
 certain part of the lands to the widow for life, in lieu and sat- 
 isfaction of her dower interest in the whole. 
 
 Never take a conveyance of real estate from a married 
 man without seeing that his wife joins in the conveyance, and 
 properly acknowledges it, according to the laws of your state, 
 before the proper officer. If she be not twenty-one years of 
 age, she can not bar her right of dower, in which case it will 
 be of no use for her to join in the conveyance. 
 
 As to acknowledgments by the husband and wife, see the 
 respective states. 
 
 A female wishing to secure the property she may possess, 
 so as to enjoy the benefit of it after maiTiage, free from the 
 control and liabilities of her husband, can effect her purpose 
 by conveying it to a third person in trust for her benefit. 
 
 If a husband wishes to convey property to a wife, he can 
 do so by conveying to some friend in trust for her benefit. 
 Such a conveyance would be set aside on the apphcation of 
 creditors whose rights were prejudiced by it, but they will 
 secure the property to the wife against everybody else. 
 
DOWER. 83 
 
 No. 65. — Assignment of Dower. 
 
 6[|]is JnbcntntC, made the thirtieth day o^ November, in 
 the year one thousand eight hundred and Jifty, between John 
 Doe, of the town of Morristoton, in the county of Morris, and 
 state of New Jersey, and Richard Doe, of the town of Rah- 
 way, in the county of Essex, and state of New Jersey, sole 
 heirs of William Doe, late of Morristown aforesaid, now 
 deceased, parties of the first part, and Susan Doe, of Mor- 
 ristown aforesaid, widow and relict of the said William Doe, 
 deceased, of the other part : 
 
 tofjcreas, the said William Doe was seized at the time 
 of his decease in fee simple of certain lands and tenements, 
 which, upon his decease aforesaid, descended to the said John 
 Doe and Richard Doe, his sole heirs at law — 
 
 JCouj tl)is Jubentnte roitncssctl), that the said John 
 Doe and Richard Doe have set off and assigned, and by 
 these presents do set off and assign, unto the said Susan Doe, 
 all that, &c. \Jiere descrihe the premises assigned] : (Jo \)av>C 
 (Xxdi lO l]Olb the same, with all the tenements and appurte- 
 nances thereunto belonging, unto the said SusAxV Doe, for 
 and during the term of her natural life, as and for her dower, 
 and in lieu of and full satisfaction of all her dower and claim 
 of dower, in the land^of which the said William Doe died 
 eeized. 
 
 And the said Susan Doe hereby signifies her acceptance 
 of the premises so set off and assigned to her, as and for her 
 dower and in full satisfaction of all her dower and claim of dower 
 in the lands whereof the said William Doe, her late husband, 
 died seized. 
 
 Jn tsitncas mljercof, the parties to these presents have 
 hereunto set their hands and seals the day and year first above 
 written. 
 Signed, sealed, and deliv- ") TOWN DOF / 7 ) 
 
 ?;«" S^r' 1 «USAN DOE (.cal). 
 
84 
 
 No. 66. — Release of Bower. 
 (Jo all to tohom tijese JDresenta sI)aU come, Susan 
 
 DoK, of the cAty of Pittshurgh, in the county of Allegany^ 
 and state of Pennsylvania, widow and relict of John Doe, 
 late of the same place, deceased, sends greeting : Know ye, 
 that the said Susan Doe, the party of the first part to these 
 presents, for and in consideration of the sum o^ Jive hundred 
 dollars, lawful money of the United States, to her in hand 
 paid at or before the ensealing and delivery of these presents, 
 by Richard Doe, of the city of Wheeling, in the county of 
 Ohio, and state of Virginia, of the second part, the receipt 
 whereof is hereby acknowledged, hath granted, remised, re- 
 leased, and for ever quit-claimed, and by these presents doth 
 grant, remise, release and for ever quit-claim, unto the said 
 party of the second part, his heirs and assigns for ever, all the 
 dower and thirds, right and title of dower and thirds, and all 
 other right, title, interest, property, claim, and demand what- 
 soever, in law and equity, of her, the said party of the first 
 part, of, in, and to all that certain piece or parcel of land, &c. 
 [here describe the premises] ; so that she, the said party of the 
 first part, her heirs, executors, administrators, or assigns, nor 
 any other person or persons, for her, them, or any of them, 
 shall not have, claim, challenge, or demand, or pretend to 
 have, claim, challenge, or demand, any dower or thirds, or 
 any other right, title, claim, or demand whatsoever, of, in, and 
 to the same, or any part or parcel thereof, in whosoever hands, 
 seisin, or possession, the same may or can be, and thereof 
 and therefrom shall be utterly barred and excluded for ever 
 by these presents. 
 
 Su tDitneSS tuljer^of, the said party of the first part to 
 these presents hath hereunto set her hand and sea.l, the Jirst 
 day of Novemhtr, in the year of our Lord one thousand eight 
 hundred and Jifty. 
 
 SUSAN DOE (seal) 
 Sealed and delivered in the pre!C«ence of ^ 
 
 Peter Pepper, p> 
 
 John Stone. ) 
 
LANDLORL AND TENANT 
 
 LANDLORD AND TENANT. 
 
 A landlord is one who lets or leases property. 
 A tenant is the person to whom it is leased. 
 A lease is a contract whereby the owner of property con- 
 veys the use of it to another for a limited time, at a stipula- 
 ted rent or consideration, payable at specified periods. In 
 drawing a lease, care should be had that all the conditions 
 and liabilities on which the premises are granted and taken 
 are clearly specified in it. 
 
 An under-lease is the contract whereby a tenant leases his 
 leasehold property to some third person, who is called an 
 vnder -tenant. 
 
 Leases should be in writing, They are of four kinds, 
 namely : — 
 
 Lease for years ; 
 
 —^ Lease for Ife / 
 
 Lease at will ; 
 
 Lease hy sufferance ; 
 
 A lease for years is a lease for a certain number of years 
 specified in the lease. 
 
 A lease for life is a lease for either the life of the tenant, 
 or of some other person or persons. 
 
 A lease at vnll is where the tenantry exists only during the 
 will of either of the parties. • 
 
 A lease hy sufferance is when the tenant's lease has expired, 
 and he continues to remain iu possession. He is then tenant 
 by. the sufferance of the landlord. 
 
 8 
 
 f 
 
86 LANDLORD AND TENANT. 
 
 No. 67. — Short Form of Lease. 
 
 QTIjis JnbcnttJte^ made the first day o? April, in the year 
 one thousand eight hundred and ^^/;?/, between John Doe, 
 of the city of Neiv York, in the county of New York, and state 
 of New York, of the first part, and Richard Roe, of the 
 same place, of the second part — * 
 
 tOitTtCSSetl), that the said party of the first part hath let- 
 ten, and by these presents doth grant, demise, and to farm let, 
 unto the said party of the second part, all that, &c. \^iere de- 
 scribe the premises intended to he let], with the appurtenances, 
 for the term oi twenty years, from the first day of May, one 
 thousand eight hundred and fifty, at the yearly rent or sum 
 of two hundred dollars, to be paid in equal quarter yearly 
 payments. And it is agreed that if any rent shall be due and 
 unpaid, or if default shall be made in any of the covenants 
 herein contained, then it shall be lawful for the said party of 
 the first part to re-enter the said premises, and to remove all 
 persons therefi'om. 
 
 And the said party of the second part doth covenant to paj 
 to the said party of the first part the said yearly rent as 
 herein specified, namely, in quarter yearly payments on the 
 first day of August, November, February, and May, in each 
 and every year : and that at the expiration of the said term, 
 the said party of the second part will quit and surrender the 
 premises hereby demised in as good state and condition as 
 reasonable use and wear thereof will permit, damages by the 
 elements excepted : and the said party of the first part doth 
 covenant that the said party of the second part, on paying the 
 said yearly rent, and performing the covenants aforesaid, shall 
 and may peaceably and quietly have, hold, and enjoy, the said 
 demised premises for the tefm aforesaid. 
 
 JiU toitnCSS tuljCteof, we have hereunto set our hands 
 and seals, this first day of April, one thousand eight hundred 
 and fifty. 
 Sealed and delivered ") 
 
 in the presence of ( JOHN DOE (seal). 
 
 John Smith, f RICHARD ROE (seal). 
 
 Peter Jones. \ 
 
LANDLORD AND TENANT. 87 
 
 No. 68. — Lease : Tenant to pay Taxes, and not to 
 underlet without Consent of the Landlord, un- 
 der his Hand and Seal. 
 (L\)\5 Jnbenture, &c. [as in. No. 67 to * ] — 
 
 iDitncssctl), that the said party of the fir«t part, in con- 
 eiderati m of the rents and covenants hereinafter reserved and 
 contained, on the part and behalf of the said party of the sec- 
 ond part, to him, his executors, administrators, and assigns, 
 to be paid, kept, and performed, hath granted, demised, and 
 lo farm let, and by these presents doth grant, demise, and to 
 faiTTi let, unto the said party of the second part, all that, &c, 
 [here describe the property]. ®o |)at)e axib tO I)olb the said 
 above mentioned and described premises unto the said party 
 of the second part, his executors, administrators, and assigns, 
 from the ^rst day of May, in the.year of our Lord one thou- 
 sand eight hundred and Jifti/, for and during, and until the 
 full end and term of Jive years, from thence next ensuing, and 
 fully to be complete and ended ; yielding and paying for the 
 same unto the said party of the first part, or to his heirs or 
 assigns, the rent or sum of three hundred dollars, lawful money 
 of the United States, yearly and every year, during the said 
 term, in equal quarter yearly payments, to be made on the 
 first day of August, November, February, and May, in each 
 and every year, during the term hereby demised, the first 
 payment to be made on the first day of August next : Pro- 
 vided ALWAYS, that if it shall happen that the said yearly rent 
 or any part thereof, shall not be paid on any day on which 
 the same ought to be paid, as aforesaid, then, and at all times 
 thereafter, it shall and may be lawful for the said party of the 
 first part, his heirs and assigns, into the said demised prem- 
 ises, or any part thereof, in the name of the whole, to re-enter 
 and to re-possess, have, and enjoy the same again, as of his or 
 tlieir formei estate and interest therein, anything herein con- 
 tained to the contrary in any wise notwithstanding. 
 
 And the said party of the second part, for himself, his ex- 
 ecutors, administrators, and assigns, doth by these presents 
 covenant ajid giant, to and with the said party of the first 
 part, his heirs and assigns, in manner following, that is to say : 
 that he, the said party of the second part, his executors, ad- 
 ministrators, and assigns, shall and will, during the term here- 
 by demised, well and truly pay unto the snid party of the first 
 part, his heirs or assigns, the said yearly rent li.i c iiy reserved, 
 
88 LANDLORD AND TENANT. 
 
 at the days and times herein before limited for the payment 
 thereof, without fraud or delay. 
 
 And also, that he, the said party of the second part, his ex- 
 ecutors, administrators, or assigns, shall and will, at his and 
 their own proper costs and charges, bear, pay, and discharge, 
 all such duties, taxes, assessments, and payments, extraordi- 
 nary as well as ordinary, as shall during the time hereby de- 
 mised be laid, levied, assessed, or imposed on, or grow due 
 or payable out of, or for, or by reason of the said demised 
 premises, or any part thereof: and also, that he, the said 
 party of the second part, himself, his executors, administra- 
 tors, or assigns, or any of them, shall not, nor will, at any 
 time or times hereafter, during the term hereby granted, 
 lease, let, or demise, all or any part of the said premises here- 
 by demised, nor assign, transfer, or make over the same, or 
 this present lease, or any of his or their term or time therein 
 to any person or persons whomsoever, without the consent of 
 the said party of the first part, his heirs or assigns, in writing, 
 under his or their seal, for that purpose first had and obtained, 
 anything herein before contained to the contrary thereof in 
 any wise notwithstanding : and also that he, the said party of 
 the second part, "his executors, administrators, or assigns, or 
 some or one of them, shall and will, on the last day of the 
 term hereby demised, or other sooner determination- of the 
 estate hereby granted, well and tiuly deliver up the said 
 hereby demised premises, iu good and sufficient order, into 
 tlie possession of the said party of the first part, his heirs or 
 assigns, without fraud or delay. 
 
 And provided further, and this present lease is upon this 
 express condition, that if the said party of the second part, his 
 executors, administrators, or assigns, at any time during the 
 term hereby granted, shall fail in the performance of any or 
 either of the covenants, conditions, or provisoes, in these pres- 
 ents contained, which, on the part and behalf of the said party 
 of the second part, his executors, administrators, and assigns, 
 are or ought to be observed, performed, fulfilled, and kept ; 
 then, and at all times thereafter, it shall and may be lawful 
 for the said party of the first part, his heirs and assigns, into 
 the said demised premises, or any part thereof, in the name 
 of the whole, to re-enter and re-possess, have, and enjoy the 
 same again, as of their former estate and intei est therein, any- 
 thing herein contained to the contrary in any wise notwith- 
 standing. — Jn xoitnesB toljereof, &c. [as in No. 67]. 
 
LANDLORD AND TENANT. 89 
 
 • 
 
 No. 69. — Agreement to Let, with Covenant not to 
 Underlet 
 
 Qi,\)is Agreement, made the sixteenth day of Fcbruari/, 
 m the year one thousand eight hundred andjifty-one, between 
 John Doe, of the city of Brooklyn, in the county of Kings, 
 and state of New York, of the first part, and Richard Roe, 
 of the same place, of the second part — 
 
 tX)itnes5eti)f that the said party of the first part hath agreed 
 to let, and hereby doth let, and the said J)arty of the second 
 part hath agreed to take, and hereby doth take, that certain 
 tot or parcel of land lying and being situated on the north 
 side of Franklin street, knovm and at present numbered as 
 twenty-one, in the third ward of the city of Brooklyn afore- 
 said, together with the two-story brick dwelling and other 
 appurtenances thereunto belonging, for the term of one year, 
 to commence on the frst day of May, one thousand eight 
 hundred and fifty-one, and to end on the first day of May, 
 one thousand eight hundred ?iuA fifty-two. • 
 
 And the said party of the second part hereby covenants 
 and agi'ees to pay unto the said party of the first part the 
 yearly rent or sum of three hundred dollars, payable quar- 
 terly on the first days of August, November, February, and 
 J^'Iay, in each year, and to quit and surrender the premises at 
 the expiration of the said term, in as good state and condition 
 as reasonable use and wear thereof will permit, damages by 
 ?he elements excepted. And the said party of the second 
 part further covenants that he will not assign, let, or underlet, 
 the whole or any part of the said premises, without the writ- 
 ten consent of the said party of the first part, under the pen- 
 ally of forfeiture and damages ; and that he will not occupy 
 the said premises, nor permit the same to be occupied for any 
 business deemed extra-hazardous without the like consent, 
 *ider the like penalty : and the said party of the second pait 
 further covenants that he will permit the said party of tho 
 first j)art or his agent to enter said premises for the purpose 
 of making repairs or alterations, and also to show the prem- 
 ises to persons wishing to hire or ])urchase ; and on and after 
 the first day of February next will permit the usual notice 
 of "to let" or "for sale" to be placed upon the walls of said 
 premises, and remain thereon, without hinderance or nviles- 
 tation : and also, that if the said premises or any part thereof 
 shall become vacant during the said tenn, the said party of 
 
 A 
 
90 LANDLORD AND TENANT. 
 
 the first j^ai , may re-enter the same,i)y either force or other- 
 wise, withojt being liable to any prosecution therefor; anW 
 re-let the said premises as the agent of the said party of the 
 second part, and receive the rent thereof, applying the same, 
 first to the payment of such expense as he may be put to in 
 re-entering, and then to the payment of the rent due by these 
 presents ; and the balance (if any) to be paid over to the said 
 party of the second part. 
 
 And the said party of the second part hereby further cov- 
 enants that if any Kicfault be made in the payment of the said 
 rent, or any part thereof, at the times above specified, or if 
 default be made in the performance of any of the covenants 
 or agreements herein contained, the said hiring, and the rela- 
 tion of landlord and tenant, at the option of the said party of 
 the first part, shall wholly cease and determine ; and the said 
 party of the first part shall and ma?y re-enter the said prem- 
 ises, and remove all persons therefrom ; and the said party of 
 the second part hereby expressly waives the service of any 
 notice in writing of intention to re-enter. 
 
 Jn toitnees toljereof, &c. [as in No. 67]. 
 
 Sit COttsibcratioit of the letting of the premises above 
 mentioned to the above-named Richard Roe, I do hereby 
 cover ant and agree, to and with the party of the first part 
 abo\e named, and his legal representatives, that if default 
 shall at any time be made by the said Richard Roe- in the 
 payment of the rent and performance of the covenants above 
 contained on his part to be paid and performed, that I will 
 well and truly pay the said rent, or any arrears thereof, that 
 may remain due unto the said party of the first part, and 
 also all damages that may arise in consequence of the non- 
 performance of said covenants, or either of them, without 
 requiring notice of any such default from the said party of 
 the first part. 
 
 ijDitneSS my hand and seal, this sixteenth day of Febru- 
 ary, one thousand eight hundred and jifty-one. 
 
 THOMAS SHARPS. 
 «r« ( John Stone, 
 
 ^"""^^ John Smith. 
 
LANDLORD AND TENANT. 91 
 
 No. 70. — Tenant's Agreement.* 
 
 QTIjis is to Olcrtifl], tliat 1 have hired and taken of John 
 Smith, of the village of Smithtown, in the county of Saginaw, 
 and state of Michigan, a house and lot known as number twenty- 
 one. Smith street, in the village of Smithtown aforesaid, for 
 the terra of one year from the^r*^ day o^ June, one thousand 
 eight hundred and fifty, at the yearly rent of two hundred 
 dollars, payable quarter yearly. And I hereby promise to 
 make punctual payment of the rent in manner aforesaid, and 
 quit and surrender the premises at the expiration of the said 
 term, in as good state and condition as reasonable use and 
 wear thereof will permit, damages by the elements excepted, 
 and engage not to let or underlet the whole or any part of 
 the said premises, without the written consent of the land- 
 lord, under the penalty of forfeiture and damages ; and also 
 not to occupy the said premises for any business deemed 
 extra-hazardous without the like consent, under the like pen- 
 alty. 
 
 ^iu^lt under my hand and s^al, the tenth day of May, one 
 thousand eight hundred and fifty. JOHN DOE (seal). 
 
 Witness [ J*"^^ Smort, 
 ( John Jones. 
 
 No. 71. — Landlord's Agreement 
 
 (H]is is to Ccrtifjl, that I have let and rented unto John 
 Doe, of the village of Smithtown, in the county of Saginaw, 
 and state of Michigan, my house and lot known as number 
 twenty-one. Smith street, in the village of Smithtown afore- 
 said, for the term of one year from the first day o^ June, one 
 thousand eight hundred and fifty, at the yearly rent of two 
 hundred dollars, payable quarter yearly. The premises are 
 not to be used or occupied for any business deemed extra- 
 hazardous, on account of fire, nor shall the same or any part 
 thereof be let or underlet without the written consent of the 
 *andlord, under the penalty of forfeiture and damages. 
 
 ©iocn under my hand and seal, the tenth day o^ May, one 
 thousand eight hundred and fifty. JOHN SMITH. 
 
 Witness Hames Short, 
 ( John Jones. 
 
 " If a sarcty ia required, as security for tiie payment of the rent, the one 
 pended to No. 6U can be added. 
 
 J 
 
9f LANDLORD AND TENANT. 
 
 No. 72. — Agreement for Letting, with Mortgage on 
 Personal Property to secure the Rent. 
 
 QL{)\5 ^%XCCmcnU ma<5e the seventh day o^ July, in the year 
 one thousand eight hundred diuAJifty, between John Doe, of 
 the city ol" Boston, in the county of Suffolk, and state of 
 Massachusetts, of the first part, and Richard Roe, of the scune 
 place, of the second part — 
 
 toitnesSCtI), that the said party of the first part hath agreed 
 to let, and hereby doth let, and the said party of the second 
 pait hath agreed to take, and hereby doth take [Jiere describe 
 the premises^, for the term of three years, to commence on the 
 Jlrst day of August, one thousand eight hundred and fifty, 
 and to end on the thirty first day of July, one thousand eight 
 hundred m\(i fifity -three. 
 
 And the said party of the second part hereby covenants 
 8iid agrees to pay unto the said party of the first part the 
 yearly rent or sum oi fiour hundred dollars, payable quar- 
 ter yearly, that is to say, on the first day of November, 
 February, May^ and August, of each and every year, 
 and to quit and surrender the premises at the expiration of 
 the said term, in as good state and condition as reasonable use 
 and wear thereof will permit, damages by the elements ex- 
 cepted ; and not assign, let, or underlet, the whole or any part 
 of the said premises, or occupy the same for any business 
 deemed extra-hazardous, without the written consent of the 
 said party of the first part, under the penalty of forfeiture 
 and damages. 
 
 And the said party of the second part hereby further cove- 
 nants, that if any default be made in the payment of the said 
 rent, or any part thereof, at the times above specified, the said 
 party of the first part shall and may re-enter the said prem- 
 ises, and remove all persons therefrom. 
 
 And the said party of the second part, for the considera- 
 tion aforesaid, and for the sum of one dollar to him paid by 
 the said party of the first part, doth grant, bargain, and sell, 
 unto the said parties of the first pait, all and singular the 
 goods and chattels mentioned in the schedule hereto an- 
 nexed.* ^0 I)at)e artb to l)Oliy the said goods and chattels 
 for ever : Upon Condition, that if the said party of the sec- 
 ond part shall well and truly pay, or cause to be paid, unto 
 
 See page 50 for plan of schedule. 
 
LANDLORD AND TENANT. 93 
 
 the 8ai4 party of the first part the rent above reserved punc- 
 tually, at the several times when the same shall become due 
 as aforesaid, then the said bargain and sale shall be null and 
 void. But in case default shall be made in the payment of 
 the said rent, or any pari thereof, at the several times men- 
 tioned as aforesaid, and shall remain .unpaid five days after 
 the same becomes due and payable, then it shall be lawful for 
 the said party of the first part to take possession of the said 
 goods and chattels, wherever the same may be found, and to 
 sell the same at public sale (first giving three days' notice of 
 the time and place of such sale), or so much thereof as may 
 he necessary to pay the rent due, and the balance of rent fi)r 
 the whole unexpired term, whether due or not due, and all 
 costs and expenses that may have accrued on account thereof, 
 rendering the remaining goods and chattels, and the surplus 
 money from said sale, if any there shall be, unto the said party 
 of the second part. 
 
 ^nb it is furtfjcr agreeb between the parties to these 
 presents, that in case the said party of the second part shall 
 sell, assign, or dispose of, or attempt to sell, assign, or other- 
 wise dispose of the said goods and chattels, or shall attempt 
 to remove the same from the premises hereby demised to the 
 said party of the second part, it shall and may be lawful for 
 the said party of the ik'st part to take possession of the same, 
 and retain them in his possession until the said rent shall be 
 paid, or until default in the payment thereof But imtil de- 
 fault be made in the payment of the said rent, the said goods 
 and chattels (unless the said party of the second part shall 
 sell, or attempt to sell or remove the same, as aforesaid) shall 
 remain irt the possession of the said parly of the second part. 
 
 Jn tnitness loliercof, the parties to these presents have 
 hereunto set their hands and seals the day and year first above 
 written. 
 Signed, sealed, and deliv- ") 
 
 ered, m ])resence of I JOHN DOE (seal). 
 Peter Penny, ^ RICHARD KOE /^jean 
 
 Hiram Jacob*. \ 
 
94 LETTERS OF CREDIT AND LICExNSE- 
 
 LETTER OF CREDIT. 
 
 -This is a letter frequently given by a person of known 
 responsibility to a friend, to enable that friend to procure 
 goods on time. It is usually somewhat in this form : — 
 
 I 
 
 No. 73.— Form of Letter of Credit 
 
 Hamilton, Canada West, ) 
 October 15, 1850. / 
 Messrs. John Smith & Co. — Gentlemen : Please deliver 
 to Richard Roe, oi this place, goods, silks, and merchandise, 
 to any amount not exceeding^ye thousand dollars, and I will 
 hold myself accountable to you for the payment of the same, 
 in case Mr. Roe should fail to make payment therefor. 
 
 You will please to notify me of the amount for which you 
 may give him credit ; and if default should be made in the 
 payment, let me know it immediately. 
 
 I am, gentlemen, your most ob't servant, 
 
 JOHN DOE. 
 
 Messrs. John Smith & Co., 
 No — Broadioay, New York 
 
 .1 
 
 LETTER OF LICENSE. 
 
 A letter of license is an agreement by creditors to permit a 
 debtor, when he is not able to pay his debts at the time due, 
 to carry on his business without molestation. It does not 
 release the debts, or prevent creditors who have not signed 
 it from collecting their claims in the usual method. 
 
 No. 74. — Agreement not to sue a Debtor. 
 
 KnotD all !^zn bp tl)^se JpresentS, that whereas John 
 oE, of the city of Baltimore, in the county of Baltimore, and 
 
LETTER OP LICENSE. 95 
 
 State of Maryland, is justly indebted to us, Richard Roe, 
 John Jones, Thomas Sharpk, and Henry Smith, in divers 
 sums of money, which the said John Doe is unable to pay: 
 
 Now, theref«ire, we do hereby grant unto the said John 
 Doe full liberty and license to attend to, follow, and nego- 
 tiate, any business or affairs whatsoever, without any suit, 
 trouble, or hinderance/rom us, or any of us, for the space of 
 tioo years from the date hereof. 
 
 And we and each of us, for ourselves, our and each of our 
 lieirs, executors, administrators, and assigns, for and in con- 
 sideration of the agreement and covenant of the said John 
 Doe hereinafter contained, do covenant and agree with the 
 said John Doe, that we will not, nor will either or any of us, 
 at any time during the said space of two years, sue, prosecute, 
 arrest, molest, or trouble the said John Doe, in respect or 
 on account of any debts now by him due to us or any or either 
 of us. 
 
 And the said John Doe, in consideration of the foregoing 
 covenant and agreement, for himself, his heirs, executors, or 
 administrators, covenants and agrees with the creditors afore- 
 said, that he will faithfully apply all moneys, property, and 
 effects, that he may earn or procure during the said tenn of 
 ttoo years, to the payment of his debts owing to the creditors 
 aforesaid, in proportion to the amount due and owing to each. 
 JTn toitncss raljcreof, we have hereunto set our hands 
 and seals, this Jirst day of April, one thousand eight hundred 
 and Jl/ti/. 
 
 RICHARD ROE, 
 JOHN JONES, 
 THOMAS SHARPE, 
 HENRY SMITH. 
 Witness {J/>HN Stone. 
 ( John Smith. 
 
9C MARKIAtJK 
 
 MARRIAGE. 
 
 Marriage is a civil contract entered into b^ persons capa- 
 ble of consenting thereto. 
 
 It can not be entered into by idiots or lunatics. When 
 procured by force or fraud, it is also void. Marriage is like- 
 wise prohibited between near relations. 
 
 The parties must be of the age of consent, which is gener- 
 ally fourteen in males and twelve in females. 
 
 No peculiar ceremonies are requisite by the common law 
 to the valid celebration of the marriage rite, but it is advisa- 
 ble that the contract should be entered into in the presence 
 of some clergyman or civil magistrate. In all cases be sure 
 to take a certificate of the marriage : it is of much importance 
 to have that certificate in case of necessity. 
 
 No. 75.— Form of Marriage 
 
 The parties having joined hands, say : " By this act of join- 
 ing hands, you do now assume toward each other the relation 
 of husband and wife, and do solemnly promise, as such, to 
 love, honor, and cherish each other, so long as you both shall 
 live. 
 
 " 1 therefore pronounce you to be henceforth husband and 
 wife." 
 
 No. 76.— Marriage Certificate. 
 
 State of Massachusetts, ^ 1 bo l^creb^ ffi^ertifg, that on 
 County o^ Ffanklin, > the first day of July, in the yeai 
 Town o^ Dcerjield. ) of our Lord one thousand eighi 
 hundred and fifty, at the house of John Jones, in said town 
 John Uoe, of the city of Boston, in the county of Suffolk 
 and state of Massachusetts, and Harriet E. Jones, of ihc; 
 city aforesaid, to me personally known [or proved by the oath 
 of John Jones aforesaid] to be the ])orsons described in U\\> 
 
JUDGMENT NOTE. 97 - 
 
 certificate, were by rne joined together with their mutual con- 
 sent in the bonds of wedlock ; and I did first ascertain tliat 
 the said parties were of sufficient age to consent to the same . 
 which marriage took place in the presence of John Smith 
 and John Stone, subscribing witnesses hereto. 
 
 Witness my hand and seal, this^r*^ day o? July, oue thou- 
 sand eight hundred and fifty. HENRY HOPE, 
 
 Pastor of First Church in Deerfieli. 
 
 Maniage celebrated in ) John SMrrn, 
 
 presence of us, ) John Stone. ^ 
 
 JUDGMENT NOTE. 
 
 This note enables the holder, in some of the states, to enter 
 'ip judgment thereon without suit, if it be not paid when it 
 is due. 
 
 No. 77.— Form of Judgment Note. 
 $1,000. JTor Ottlne rcceiueb, I promise to pay to 
 
 Richard Roe, or order, the sum of one thousand dollars, 
 ihirty days after date ; and I hereby nominate, constitute, and 
 appoint the said Richard Roe, or any attorney-at-law of this 
 state, my true and lawful attorney, iiTevocable, for me and in 
 my name to appear in any court of record of this state, at any 
 time after the above promissory note becomes due, and to 
 waive ail process and service thereof, and to confess judg- 
 ment in favor of the holder hereof for the sum that may be 
 due and owing hereon, with interest and costs, and waiving 
 i!l errors, &c. 
 
 Jn toitness tX)l)ercof, I have hereunto set my hand and 
 "al, at the citij of Chicago, in the county of Cook, and state 
 ■A' Illinois, this first day o^ July, one thousand eight hundred 
 ^^ fifty. ^ 
 
 JOHN DOE (seal). 
 ■ * 'a led and delivered in the presence of ) 
 John Smith, J 
 
 John .Tones. l 
 
98 I'KOMISSOUV NOTES. 
 
 PROMISSORY NOTES. 
 
 A promissory note is an absolute engagement in writing 
 to pay a specified sum at a certain time to a person named 
 or to his order, or to the bearer. 
 
 The signer «f the note is called the maker ; the one to 
 whom it is ma^ payable, the payee ; and he to whom the 
 payee makes it payable by endorsement, is called the endor- 
 see ; he who endorses the note, the endorser. 
 
 A consideration must be given for a note to make it valid, 
 as between the maker and payee ; but any one who has given 
 value for it, before it had become due, and not knowing that 
 it was originally made without consideration, can recover on 
 it against all the antecedent parties to the note. 
 
 The words " value received" should be inserted in a prom- 
 issory note, so as to express a consideration for the promise. 
 
 But he who receives a promissory note for a consideratiou 
 before given, for instance as security for a precedent debt, 
 does not give value for it, and is in no better position than the 
 payee. 
 
 A negotiable note is one that is transferable without, oj 
 is made transferable by endorsement. A note negotiable by 
 the laws of the state where it is made is negotiable elsewhere 
 
 The most usual methods of drawing notes are on demand, 
 or at a certain time after date ; either payable only to the 
 person natmed, or to his order, or to bearer, or in a specified 
 commodity. A note payable to the person named, where the 
 words, to order t or to hearer, are omitted, is not negotiable ; 
 if payable to order, it is negotiable by the payee endorsing it 
 by writing his name on the back of the note, in which case 
 tlic payee is liable to the holder if it is not paid by the 
 maker, provided he have due notice thereof. If payable to 
 bearer, the holder can demand payment without endorsing it. 
 
 Any payee who desires to transfer a note by endorsement, 
 without incurring any responsibility, can do so by endorsing 
 
PROMISSORY NOTES. 99 
 
 tlie note in this manner : " Without recourse to me, John 
 Doe." If he wishes to make it payable to a third party sj)e- 
 cially, he can do so by endorsing it thus : " Pay the within to 
 John Jones, or order, John Doe ;" John Jones must then 
 endorse it in order to transfer it to another person. 
 
 A note running thus, " I promise to pay," and signed by 
 two parties is joint and several, and may be collected of either 
 party ; if it is desired to make only a joint note, write it thus, 
 " We jointly and not severally promise." 
 
 If a note is made payable to the order of two or more per- 
 sons who are not partners, they must each and all endorse it, 
 in order to make a valid transfer. 
 
 A note negotiated after it is due is subject to any offset the 
 maker of the note may have against the person to whom it is 
 made payable. 
 
 The words " withouf defalcation or discount," must be in- 
 serted in notes in New Jersey and Pennsylvania. In those 
 states a note in which these words are not inserted is subject 
 to the same disabilities as a note that is past due. 
 
 Promissory notes are entitled, like bills of exchange, to 
 three days of grace, and payment should be demanded on 
 the last day of grace. Custom, and the statute in some states, 
 make a note falling due on Sunday payable the day previous. 
 
 Demand of payment should be made of the maker on the 
 day when th<* note is due, and if not paid, notice should be 
 immediately given to all the endorsers, if this is not done they 
 will be discha»*ged from their liability. 
 
 If the words '♦ with interest" are omitted in a note, it will 
 not draw interest before the time at which it is due. If it is 
 not paid when due, it will draw legal interest from that time. 
 If the note is payable on demand, it will draw interest from 
 the time payment is demanded. If a note is made payable 
 in a specified commodity payment must be offered at the time 
 required, otherwise the holder can demand its value in money. 
 (This r\i\e is equally applicable in all contracts for barter.) 
 The hcrtder of a note need not accept a sum less tban the 
 whole amount due, but if he does, he shoilli^ credit the 
 
100 PROMISSORY NOTES. 
 
 amount received on the back of the note. The ratd of in- 
 terest allowed on money past due, is the legal rate of the 
 state in which the paper is drawn. 
 
 When a note has been lost it is advisable to give the fact 
 all the publicity possible, so that the public may be prevented 
 from purchasing it ; yet if it get into the hands of one who 
 paid vahie for it in good faith, it must be paid, unless its nego- 
 tiation has been accomplished by forgery. 
 
 See Bills op Exchange, page 40. 
 
 No. 78.— Note not Negotiable. 
 
 $610:: New York, November 9, 1850. 
 
 Twenty Days after date, I promise to pay to 
 Martin W. Goodman, Six Hundred and Ten Dollars, 
 value received. JOHN DOE. 
 
 No. 79. — Note Negotiable by Endorsement. 
 
 $250:: New Orleans, Sept, 12, 1850. 
 
 Ten Days after date, I promise to pay to the order 
 
 m 
 
 ^ of John Jones, Two Hundred and Fifty Dollars, 
 
 value received. 
 
 JOHN DOE. 
 
 No. 80. — Note Negotiable without Endorsement 
 
 $125.t¥o Chicago, July iOth, 1850. 
 
 Three months after date, I promise to pay to 
 James Smith, or bearer, One Hundred and Twenty- 
 Five j^th Dollars, value received. 
 
 JOHN DOE. 
 
PKUMISSORY NOTES. 101 
 
 No. 8L — Joint Negotiable Note, payable at a Bank. 
 
 $200:: Boston, January 8, 1851. 
 
 Six -months after date, for value received, we promise 
 to pay Hcni-y Reed, or order, Two Hundred Dollars, 
 at the People's Ban/cyBoston. JOHN DOE, 
 
 RICHARD ROE. 
 
 No. 82. — Negotiable Note payable in Merchandise. 
 
 $300:: Philadelphia, Sept, 12, 1850. 
 
 Sixty Days after date, for value received, J promise 
 to pay without defalcation, to John Jones, or order. 
 Three Hundred Dollars, in merchantable icheat at the 
 current price. JOHN DOE. 
 
 i^_ . ; ; . 
 
 " Without defalcation" are inserted in notes dravrn in Pennsylvania and New 
 Jersey to protect tjjem when due against any offset of the maker. 
 
 No. 83. — Negotiable Note on Demand. 
 
 $400:25 ISew York, November 4, 1850. 
 
 On demand, I promise to pay to the order of 
 Martin H. Johnson, Four Hundred y^qIIi Dollars, 
 value received. JOHN DOE. 
 
 No. 84. — Note on Demand, with Interest from date, 
 not Negotiable. 
 
 ffi S150:: Detroit, June 10th, 1850. 
 
 f^f, On demand, 1 promise to pay to James Smith, 
 
 One Hun<lrcd and Fifty Dollars, with interest from 
 
 date, value received. 
 
 JOHN DOE. 
 
102 DUE-BILLS ORDERS. 
 
 DUE-BILLS. 
 
 Due-bills are general informal notes, or memoranda, ac- 
 knowledging that a certain amoifnt is due to the party tc 
 whom they are given. They are frequently given when 
 money or merchandise has been temporarily borrowed, as an 
 evidence of the fact. 
 
 No. 85.— Form of Due-EilL 
 
 New York, Octoher 20, 1850. 
 ^VLZ Richard Roe, on demand, twenty-five dollars, value 
 received. 
 
 JOHN DOE. 
 
 This form may be varied in the same manner as a note, to 
 express time, amount, kind of payment, and who paid to. 
 The same is also true of orders. 
 
 ORDERS. 
 
 An order is a written request by one person to another, to 
 do an act for his own benefit or accommodation, or that of a 
 third party. It has, of course, no value, unless the party to 
 whom it is addressed is willing to perform the act desired. 
 
 No. 86. — Order for Money. 
 
 New York, November 10, 1850. 
 Mr. Richard Roe will please pay to John Smith, or or- 
 der, twenty-five dollars, on demand, and charge the same to 
 the account of 
 
 * JOHN DOE 
 
RECEIPTS. 103 
 
 "Ko 87. — Order to sell Merch^dise. 
 
 Boston, November 12, 1850. 
 
 Please lei Mr. Thomas Sharpe have such merchandise 
 ns he may select, to the amount of one hundred d^ollars, ^nd 
 charge the same to the account of 
 
 To Richard Roe. JOHN DOE. 
 
 No. 88. — Order to deliver Goods. 
 
 Charleston, November 15, 1850. 
 Mr. Richard Roe : Please deliver to Dunn Brown, or 
 bearer, the package of goods belonging to me, and oblige 
 
 Yours, 
 
 JOHN DOE. 
 
 RECEIPTS. 
 
 ' A receipt is not conclusive evidence of payment, but it 
 throws the burden of proof upon him who attempts to im- 
 peach it. For this reason, no prudent person will part with 
 a receipt until the pnyment has actually been made. They 
 may be either in full of all demands, for a special account, in 
 part payment of an account, or for a special purpose. The 
 arrangement of the wording of a receipt is not important, if 
 the object and time be distinctly stated in it. 
 
 A general receipt in full of all demands is a discharge of 
 all debts, except special debts under seal. 
 
 No. 89.— Receipt in FulL 
 
 Boston, Juve 15, 1850. 
 Received of Richard Roe ffty-one dollars, in full of ali 
 demands up to this date. 
 
 JOHN UOR. 
 
104 RECEIPTS. 
 
 Nd. 90. — Receipt on Account. 
 
 Boston, July 1 1850. 
 Received of Richard Roe ten dollars, to apply on accourit. 
 
 JOHN DOE. 
 
 No. 91. — Receipt for a Special Purpose. 
 
 Received, Boston, July 24, 1850, from Richard Roe, one, 
 hundred dollars, to pay the account of John Doe against 
 him. PETER PEPPER. 
 
 No. 92. — Receipt when Money is paid by a Third 
 Person. 
 
 Boston, July 25, 1850. 
 Received of Richard Roe, through Peter Pepper, one 
 hundred dollars in full of all demands against Richard Roe 
 up to this date. 
 
 JOHN DOE. 
 
 No. 93. — Receipt of Interest to be endorsed on a 
 Bond. 
 
 Received, August 15, 1850, from Richard Roe, one hun- 
 dred and tiventy dollars, being the semi-annual inteiest this 
 day due on the within bond. 
 
 JOHN DOE. 
 
 No. 94.— Receipt in full for a Special Account. 
 
 New York, October 15, 1850. 
 Received from Richard Roe two hundred dollars and 
 twenty-jive cents, in full of all demands for printing to Octo- 
 ber li 1850. 
 
 JOHN DOE, 
 
 
PARTNERSHIP. * 106 
 
 PARTNERSHIP. 
 
 Partnership is a voluntary contract between two or more 
 persons, for joining together their money, goods, labor, and 
 skill, or any or all of them, for the purpose of carrying on a 
 lawful business, under an understanding to participate in the 
 profits in certain proportions. 
 
 They whose names appear to the world as partners are 
 termed ostensible partners. 
 
 An ostensible partner who has no interest in the firm is 
 called a nominal partner. 
 
 A nominal partner is liable for all the debts and contracts 
 of the firm. 
 
 One who has an- interest in the firm, but whose name is not 
 published to the world as a partner, is called a dormant or 
 silent partner. 
 
 Any one who permits his name to be used in a firm, or 
 who shares the profits of the business, is liable to the world 
 as a partner. 
 
 Each individual of a firm is liable to the whole amount of 
 the debts of the concern. 
 
 The acts of one partner bind all the others, when done in 
 pursuance of the business of the firm, and in the usual course 
 of that business ; but any act not required by the nature of 
 the business will not bind them. 
 
 There is a contiact of partnership known as a special part- 
 nerskip, consisting of one or more persons called general 
 partners, who attend to the carrying on of the business of tlie 
 concern and are liable to tlie full amount of the debts of the 
 firm, and of one or more persons called special partners, who 
 are liable only to the amount of the capital they put into the 
 concern. These special partnerships are wholly regulated by 
 statute, and can only be entered into by conforming strictly 
 to the statute regulations of the state where the partnership 
 
106 PARTNERSHIP. 
 
 is formed. The laws regulating the formation and condiict 
 of special partnerships are. so particular, that no prudent man 
 will take any steps in the formation of such a partnership 
 without good legal advice. 
 
 No. 95. — Article of Copartnership. 
 
 Article of Qlgreemcnt, made the^r^^ dRy,ofJamfari/,m 
 the year one thousand eight hundred and fifty-one, between 
 John Doe, of the town of Wilmington, in the county y)i New- 
 castle, and stale of Delaware, of one part, and Richard Roe, 
 of the same place, of the other part, as follows : 
 
 The said parties above named have agreed to become co- 
 partners in the business of wholesale and retail dry goods aiid 
 groceries merchants, and by these presents do agree to be co- 
 ])artners together under and by the name or firm of "Doe 
 and Roe," in the buying, selling, and vending, all sorts of 
 g'>ods, wares, and merchandise, to the said business belonging, 
 and to occupy the store in the town aforesaid now occupied by 
 said Doe, their copartnership to commence on the frst day 
 of August next, and to continueybr three years from that day ; 
 and to that end and purpose the said John Doe furnishes 
 and puts into the concern the stock in his said store, and two 
 thousand dollars in cash, as part of the capital of the said 
 firm ; and the said Richard Roe puts into the said firm the 
 sum of five thousand dollars as his portion of the common 
 stock — all which it is agreed is to be used and employed in 
 common between them, for the support and management of 
 the said business, to their mutual benefit and advantage. 
 
 And it is agreed, by and between the parties to these pres- 
 ents, that at all times during the continuance of their copart- 
 nership, they and each of them will give their attendance, and 
 do their and each of their best endeavors, and, to the utmost 
 of their skill and power, exert themselves for their joint in- 
 terest, profit, benefit, and advantage, and truly employ, buy, 
 and sell merchandise with their joint stock, and the increase 
 thereof, in the business aforesaid : and also, that they shall 
 and will, at all times during the said copartnership, bear, pay, 
 and discharge equally between them, all rents and other ex- 
 penses that may be required for the support and management 
 of the said business; and that all gains, profit, and increase 
 
PARTNERSHIP. 107 
 
 that shall come, grow, or arise, from or by means of their 
 said business, shall be divided between them equally ; and 
 all loss that shall ha])pen to their said joint business by ill 
 commodities, bad debts, or otherwise, shall be borne and paid 
 between them equally. 
 
 And it is agreed, by and between the said parties, that 
 there shall be had and kept at all times during the continu- 
 ance of their copartnership, perfect, just, and true books of 
 account, wherein each of the said copartners shall enter and 
 set down, as well all money by them or either of them re- 
 ceived, paid, laid out, and expended, in and about the said 
 business, as also all goods, wares, commodities, and merchan- 
 dise, by them or either of them bought or sold, by reason or 
 on account of the said business, and all other matters and 
 things whatsoever, to the said business and the management 
 thereof in any wise belonging ; which said books shall be 
 used in common between the said copartners, so that either 
 of them may have access thereto, without any inteiTuption or 
 ninderance of the other. And also, the said copartners, oiice 
 in each and every year^ that is to say, on the^r*^ day of Au- 
 gust in each year, or oftener if necessary, shall make, yield, 
 and reinler, each to the other, a true, just, and perfect inven- 
 tory and account of ail profits and increase by them, or either 
 of them, made, and of all losses by them, or either of them, 
 sustained ; and also of all payments, receipts, disbursements, 
 and of all other things by them made, received, disbursed, 
 acted, done, or suffered, in their said copartnership and busi- 
 ness ; and the same account so made, shall and will clear, . 
 adjust, pay, and deliver, each to the other, at the time, their 
 just share of the profits so made as aforesaid. 
 
 And the said parlies hereby mutually covenant and agree, 
 to and with each other, that during the continuance of the 
 said copartnership, neither ot them shall nor will endorse any 
 note, or otherwise become surety f(jr any ])erson or persons 
 whomsoever, witliout the consent of the other of the said co- 
 partners. And at the end or other sooner determination of 
 their cf»pai-tnership, the said copartners, each to the other, 
 shall and will make a true, just, and final account of all things 
 relating to their snid. business, and in all things truly adjust 
 the same; and all and every the stock and stocks, as well a?. 
 the gains and increase thereof, which shall aj)pear to be re- 
 maining, either in money, goods, wares, fixtures, debts, or 
 othcrwuie, shall be divided between them. 
 
 s-hL 
 
108 PARTNERSHIP. 
 
 Jn lJjitlU03 Vy\)CXC0{^ the parties to these presents have 
 hereunto set theh' hands and seals the day and year first above 
 written. 
 Signed, sealed, and deliv- ") 
 
 ered, in presence of I JOHN DOE (seal). 
 Peter Penny, f RICHARD ROE (seal). 
 
 Hiram Jacobs. \ 
 
 No. 96. — Renewal of Partnership, to be endorsed 
 on the Article. 
 
 Jfltdsnilicl) as the partnership formed between the subscri- 
 bers by the within agreement will expire on the Jiist day of 
 August next, It is hereby agreed that the same be contin- 
 ued, upon the same terms in every respect as is within men- 
 tioned, for the further term of three years from the said first 
 day of August next. 
 
 tXJitncSS our hands and seals, this Jlrst day of July, one 
 thousand eight hundred and fifty-four. J. D. 
 
 R. R. 
 
 No. 97. — Agreement to Dissolve a Partnership, to 
 be endorsed on the Article. 
 
 to^t tl}e Httbctsigneb, do mutually agi'ee that the part- 
 nership farmed between us by the within article be and the 
 same is hereby dissolved, except for the purpose of the final 
 liquidation and settlement of the business thereof; and upon 
 such settlement, then wholly to determhie.* 
 
 tOitn^SS our hands, &c. \as in No. 96]. 
 
 * The agreement to dissolve should state whether one or all the partners are 
 authorized to sign the name of the firm in the liquidation and settlement of its 
 business ; and if less than the whole, the name or names of those who may do 
 ^o. See form of Assignment by one partner to another, page 36, which can be 
 used for a dissolution. 
 
POWER OP ATTORNEY. 1 0*J 
 
 POWER OF ATTORNEY. 
 
 A power of attorney is an instrument in writing whereby 
 one person delegates to another authority to do any act for 
 him, with the same binding effect as though it were done by 
 the principal. 
 
 Every person who has power, in his own right, to do any 
 act, may delegate the power to do that act to any other per- 
 son ; but an attorney can not substitute another in his place 
 unless express authority is given him to do so. 
 
 Every person intrusted with discretionary power in respect 
 to the business of another, should perform the duties himself; 
 for, generally speaking, he can not give to another authority 
 to exercise those discretionary powers. 
 
 The authority of an attorney ceases when withdrawn by 
 his principal ; but when the attorney has an interest in the 
 execution of the power, it is then irrevocable. 
 
 The revocation of a power of attorney takes effect as to 
 third persons from the time they have notice of it. 
 
 Powers of attorney, to be used in a foreign country, should 
 bo acknowledged before a notary public, and the signature 
 of the notary certified by the consul of the government to 
 which the power of attorney is to be sent. 
 
 When intended to be used in another state, they should be 
 duly proved or acknowledged according to the laws of the 
 state where tliey are executed. 
 
 No. 98. — General Power of Attorney. 
 KnotD all ilUn bp tl)cse Presents, that I, John Dor, 
 
 of the city of St. Augmtine, in the county of St. John's, aiid 
 state of Florida, have made, constituted, and appointed, and 
 by these presents do make, constitute, and ap[)oint Richard 
 UoE, of the same j)lace, my true and lawful attorney for me 
 Olid in my name, pla^e, and stead,* to [here insert the things 
 
 10 
 
110 POWER OF ATTORNEY. 
 
 which the attorrtey is t» (lo\ ; giving and grantingt unto ni}'' 
 said attorney full power and authority to do and perform all 
 and every act and thing whatsoever requisite and necessary 
 to be done in and about the premises, as fully, to all intents 
 and purposes, as 1 might or could do if personally present, 
 with full power of substitution and revocation, hereby ratify- 
 ing and confirming all that my said attorney or his substitute 
 shall lawfully do or cause to be done by virtue hereof. 
 
 %\\ witneS0 toljereof, I have hereunto set my hand and 
 seal, this Jirst day of Afrilt one thousand eight hundred and 
 
 ffty- 
 
 JOHN DOE (seal) 
 
 Sealed and delivered in the presence of ^ 
 John Jones, > 
 
 John Smith. \ 
 
 No. 99. — General Customhpuse Power. - 
 
 Knoto all ilTen bji tl)esc JJrescnts, that T, John Doe, 
 
 of the city of New Orleans, in the parish of Orleans, and state 
 of Louisiana, have made, constituted, and appointed, and by 
 these presents do make, constitute, and appoint Richard Roe, 
 of the sa7ne place, my true and lawful attorney, for me and in 
 my name, to receive and enter at the customhouse of the dis- 
 trict of New Orleans, any goods, wares, or merchandise, im- 
 ported by me or which may hereafter arrive, consigned to 
 me ; to sign my name, to seal and deliver for me, and as my 
 act and deed, any bond or bonds which may be required by 
 the collector of the said district, for securing the duties on 
 any such goods, wares, or merchandise : Also, to sign ray 
 name to, seal, and deliver for me, and as my act and deed, 
 any bond or bonds requisite for obtaining the debenture on 
 any goods, wares, or merchandise, when exported, and gen- 
 erally to transact all business at the said customhouse in which 
 I am or may hereafter be interested or concerned, as fully as 
 I could if 23er8onally present. And I hereby declare, that all 
 bonds signed and executed by my said attorney shall be as 
 obligatory on me as those signed by myself; and this power 
 shall remain in full force until revoked by wiitten notice 
 given to said collector. 
 
 Mn taitncss ujlicrcof, &<*• {as in No. 98], 
 
POWER OF ATTOUNEY. Ill 
 
 No. 100.— Power to transfer Stocli. 
 
 dnooj all iltcn hx) tl)C6c presents, that I, John Doe 
 t . the toivn of Raleigh, in the county of' '\Valcc, and state of 
 Uu^rth Carolina, do hereby make, constitute, and appoint 
 RiCHARi) Roe, of the same place, my true and lawful attorney, 
 for me and in my name, to sell, transfer, and assign, all stocK 
 of the Greenville and Roanoke Railroad Company standing 
 in my name on the books of the said company ; with power 
 also, an attorney or attorneys under him for that purpose, to 
 make and substitute with like power, and to do all lawful acts 
 requisite for effecting the premises ; heieby ratifying and con- 
 firming all that my said attorney or his substitute or substi- 
 tutes shall do therein by virtue of these presents. 
 
 Hn toitncss tDl)ereof, &c. [as in No. 9S]. 
 
 Acknowledgmejit of the foregoing* 
 
 State of North Carolina, ) 
 
 County of Wake, ) **' 
 
 lie it knoron, that on the tldrd day of Septemhcr, in fhe 
 year one thousand eight hundred ?l\\A fifty, before me person- 
 ally came John Doe, to me known to he the person described 
 in, and who executed the foregoing letter or power of attor- 
 ney, and acknowledged the above letter of attorney to be his 
 act and deed. 
 
 Ju testimong tnljereof, I have hereunto set my hand, and 
 affixed my seal of office, the day and year last above written. 
 
 JOHN JONES, 
 
 (Seal of office.) Notary Public. 
 
 No. 101.— Proxy, or Power to Vote at Election of 
 Directors. 
 HnotD all illcn bti tl)ese Presents, that I, John Doe. 
 
 K)( ih<', .town of Concord, in the c(»unty oi Merrimack, and state 
 of New Hampshire, do hereby constitute and appoint Rich- 
 ard Roe, of the same place, my true and lawful attorney and. 
 agent, for mo and in my name, place, and stead, to vote aa 
 my proxy at any election of directors of the Merrimack 
 County Bank, according to Mm mnnlxjr of votes I should be 
 entitled to vole if then personally present. 
 
 3n toitness t»l)crccf, &c. \ax in No. OS]. 
 
112 POWER OP ATTORNEY. 
 
 Oath or Affirmation to the foregoing. 
 
 I do swear \or affirm^ that tlie shares on which my attorney 
 and agent in the above proxy is authorized to vote, do not 
 sbelong, and are not hypothecated to the said Merrimack 
 County Bank, and that they are not hypothecated or pledged 
 to any other corporation or person whatever ; that such shares 
 have not been transferred to me for the purpose of enabling 
 me to vote thereon at the ensuing election, and that I have not 
 contracted to sell or transfer them upon any condition, agree- 
 ment, or understanding, in relation to my manner of voting' 
 at the said election, 
 
 JOHN DOE (seal). 
 
 Sworn [or affirmed] this second day of Octoher, A. D. 1850, 
 before me, John Richter, Justice of the Peace. 
 
 No. 102.— Power to Collect Debts. 
 
 KnotD all illen^ &c. [as in No. 9S to the * ]^to demand, 
 ask, sue for, collect, and receive, all sums of money, debts, 
 rents, dues, accounts, and other demands of every kind, na- 
 ture, and desciiption whatever, which are due, owing, or 
 payable to me from any person or persons whomsoever, and 
 to give good and sufficient receipts, acquittances, and dis- 
 charges therefor ; gwng and granting, &c. [as in No. ^^from 
 the t to the end].^ 
 
 No. 103. — Power to Sell and Convey Real Estate. 
 
 HnotD all ilTen, &c [as in No. 98 to the * ] — to enter into 
 and take possession of all the real estate belonging to me, sit- 
 uate in the town of Rutland, in the county of Rutland, and 
 state of Vermont, and to bargain, sell, grant, convey, and con- 
 firm, the whole or any part thereof, for such price or sum of 
 money or on such terms as he may think best, and for me and 
 •in my name to make, execute, acknowledge, and deliver, unto 
 the purchaser or purchasers thereof, good and sufficient con- 
 veyances, with warranty, of the same ; and to demand, re- 
 ceive, and collect, all sums of money which shall become due 
 and payable to me by reason of such sale or sales ; giving 
 and granting, &c. [as in No. ^S from the t to the end]. 
 
POWER OF ATTOKKEY. 113 ' 
 
 No. 104. — Substitution to be endorsed on the 
 Power of Attorney.* 
 
 UnotD all ^cn h'o tljesc presents, that I, John Doe, 
 of the cit!/ of Louisville, in the county oi Jefferson, and state ' 
 of Kentitcky, by virtue of the authority to me given by the 
 within poveer of attorney, do substitute Richard Roe, of the 
 town of Franlifort, in the county of Franklin, and state of 
 Kcntitcky, as attorney in my stead, to do, perform, and exe- 
 cute, every act and thing which I might or could do by virtue 
 of the within power of attorney ; hereby ratifying and con- 
 finning all that the said substitute may do in the promisee by 
 virtue hereof and of the within power of attorney. 
 
 Jn tuitness tDl)ereof, &c. [as in No. 98]. 
 
 No. 105.— Revocation of Power of Attorney. 
 
 tDl)Crea0 J^ John Doe, of the town of Little Rock, in the 
 county of Pulaski, and state of Arkansas, by my certain 
 power of attorney, bearing date the Jifth day of July, in the 
 year one thousand eight hundred •A\u\Jifty, did appoint Rich- 
 ard Roe, of the same place, my true and lawful attorney, for 
 me and in my name, to [here set out what he was authorized 
 to do, using ike precise language of the power of attorney 
 originally given him\, as by the said power of attorney, ref- 
 «'rence thereunto being had, will mure fully appear : 
 
 ®!)erefore, knotn all SXitx\, by tl)cse Presents, that I, 
 
 John Doe aforesaid, have countermanded and revoked, and 
 by these presents do countermand and revoke the said power 
 of attorney and all power and autliority thereby given to the 
 said Richard Roe. 
 
 Jn initncSS Wlljcreof, I have, hereunto set my hand and 
 seal, this ffth day of December, one thousand eight hundred 
 an<l fifty. 
 
 JOHTT doe (seal). 
 Scaled and delivered in the presence of 
 
 JoHxN Smith, 
 
 Petcr Jones. 
 
 • Tliii power of pubstitution can only be n«ed when the nttomey has had tlio 
 'it exprcaely granted to bim in hi» appointment by the principal. 
 
 10« 
 
114 UEl.KASES. 
 
 RELEASES. 
 
 A release is a written instrument, under seal, whereby one 
 man discharges another, either from all claims and demands, 
 or from certain demands specified therein. 
 
 A covenant not to sue one of two joint obligors will not 
 release the other, and may be pleaded by the one to whom it 
 is given in bar to an action. 
 
 A release of one of several joint debtors releases ai,l. 
 
 No. 106.— Form of Release. 
 
 linoQ) ail ilUn b^ tl)cse PrcstMits, that I, John Doe, 
 of the city of Natchez, hi the county of Adams, and state of 
 Mississippi, in consideration o'i forty dollars to me in hand 
 paid by Richard Roe, of the same place, have released and 
 for ever discharged, and hereby, for myself, my heirs, execu- 
 tors, and administrators, do release and for ever discharge the 
 said Richard Roe, his heirs, executors, and administrators, 
 from all claim, demand, and cause of action, which I now 
 have or may hereafier have against the said Richard Roe by 
 reason of any contract which he may have entered into with 
 me for the purchase of lumber. 
 
 In ujitncs0 tulj^reof, &c. \as in No. 9Sj. 
 
 No. 107. — General Release of every Demand. 
 
 ^o all t0 tDljom tl)e0e presents sl)all come, or may 
 concern, Greeting : Kno\% ve, that 1, John Doe, of the town 
 of Montpelier, in the county of Washington, and state of Ver- 
 ?nont, for and in consideration of the sum o^ one hundred dol- 
 lars, lawful money of the United States, to me in hand paid 
 by Richard Roe, of the same place, have remised, released, 
 aud ibr ever discharged, and by these presents do, for myself, 
 my heirs, executors, and administrators, remise, release, and 
 for ever discharge the said Richard Roe, his heirs, execu- 
 tors, and administrators, of and from all, and all manner of 
 action and actions, cause and causes of action, suits, debts, 
 
RELEASES. i 15 
 
 dues, sums of money, accounts, reckonings, bonds, bills, spe- 
 cialties, covenants, contracts, controversies, agreements, prom- 
 ises, variances, trespasses, damages, judgments, extents, exe- 
 cutions, claims, and demands whatsoever, in law or in equity^ 
 which agauist the said Richard Roe I ever had, now liave, 
 or which my heirs, executors, or administrators, hereafter can, 
 shall, or may have, for, upon, or by reason of, any matter, 
 cause, or thing whatsoever, from the beginning of the world 
 ^o the day of tlie date of these presents. 
 
 JJn tuilness tDl)creof, &c. [as in No. 98]. 
 
 No. 108.— Release of part of Mortgaged Premises. 
 
 (2ri)is JnbentntC, made this^r*^ day of AprH, in the y9ar 
 one thousand eight hundred and fifty, between .Tohn Dok, 
 of the town of Harrisburgh, in the county of Dauphin, and 
 state o^ Pennsylvania, of the first part, and RrcHARD Roe, of 
 the same place, of the second part : 
 
 CDIjCTCas, Richard Roe aforesaid, by indenture of mort- 
 gage, bearing date the first day of January, one thousand 
 eight hundred and forty-five, for the consideration therein 
 mentioned, and to secure the payment of the money therein 
 specified, did convey certain lands and tenements, of which 
 the lands hereinafter described are part, unto .John Doe afore- 
 said ; and whereas, the said party of the first part, at the re- 
 quest of the. said party of the second part,' has agreed to give 
 up and surrender the lands hereinafter described unto the 
 said party ot the second part, and to hold and retain the 
 residue of the mortgaged lands as security for the money 
 remaining due on the said mortgage : 
 
 ^^OtD tl)is JJubenturc toitncssctl). that the said party of 
 tlio first j>art, in pnrsuancc of the sftid agreement, and in con- 
 sideration uXfour hundred dollars, lawful money of the United 
 States, to him duly paid at the time of the ensealing and de- 
 livery of these presents, the receipt whereof is herel»y ac- 
 knowledged, hath granted, released, quit-i;laimed, and set 
 over, and by these presents doth grant, release, qult-c^aim, 
 and set o\er, unto the said party of the second part all that 
 part of the said mortgaged lands [here descrihe the mortgaged 
 .j>remises intended to he released from the lien of the 7nort- 
 gage\, together with the hereditaments and appurtenances 
 
110 RELEASES. 
 
 thereto belonging; and all the right, title, and interest, of the 
 said party of ihe first part, of, in, and to the same, to the in- 
 tent that the lands hereby conveyed may be discharged from 
 the said mortgage, and that the rest of the lands in the said 
 mortgage specified may remain to the said party of the first 
 part, as heretofore, ^o [)avc aitb tO I)olu the lands and 
 premises hereby released and conveyed to the said party of 
 the second part, his heirs and assigns, to his and their only 
 proper use, benefit, and behoof, for ever, free, clear, and dis- 
 charged of. and from all lien and claim, under and by virtue 
 of the indenture of mortgage aforesaid. 
 
 Jn roitneas toljcrcof, &c. [as in No. 63]. 
 
 The following is the form to be used for the purpose of 
 discharging a mortgage that has been fully paid.- It should 
 be acknowledged before the proper officer, in order that the 
 mortgage may be cancelled of record : — 
 
 No. 109. — Satisfaction of Mortgage. ' 
 
 S, John Doe, of the town of Columbus, in the county of 
 Franklin, and state of Ohio, ho Ijerebg CCrtifg^ that a cer- 
 tain mortgage, bearing date the tenth day of December, one 
 thousand eight hundred and forty-seven, made and executed 
 by Richard Roe, of the city of Cincinnati, in the county of 
 Hamilton, and state of Ohio, to me, to secure the sum of 
 three thousand dollars, and recorded in the office of the clerk 
 of the county of Hamilton aforesaid, in liber thirty of mort- 
 gages, page 610, on the fifteenth day of December aforesaid, 
 is paid. 
 
 Dated the t^nth -lay of December, one thousand eight hun- 
 dred and fifty. JOHN DOE. 
 
 AcTcnowle dement of the foregoing. 
 
 State of Ohio, I 
 
 County of Hamilton, ) 
 
 On the tenth day oi December, one thousand eight hundred 
 m\A fifty, before me came John Doe, to me known to be the 
 individual described in, and who executed the above certificate, 
 and acknowledged that he executed the same. 
 
 JOHN SMITH, Justice o'- the Peace. 
 
m 
 
 RELEASES. 117 
 
 No. 110. — Satisfaction of Mortgage to be executed 
 by a Corporation. 
 
 jT, John Doe, President of the Northwestern Life Insu- 
 rance Company, of the city of New York, a body corporate. 
 5o I]ercbn CCrtifn, that a certain mortgage, bearing date the 
 tenth day of June, in the year one thousand eight hundred 
 wdi forty-eight, made and executed by Richard Roe, of the 
 
 wn of Jamaica, in the county of Queens, and state of New 
 
 ork, to the said corporation, and recorded in the office of 
 the clerk of the county of Queens, in liber twenty of mort- 
 gages, page 425, on the sixteenth day of June, one thousand, 
 eight hundred and forty-eight, is paid. 
 
 3n tnitnCSS toljer^of, the seal of the said corporation is 
 hereunto affixed, this tenth day of June, in the year one thou- 
 sand eight hundred and fifty. 
 
 JOHN DOE, President (corporate seal). 
 
 Witnessed by John Smith/ Secretary. 
 
 Acknowledgment of the foregoing. 
 
 State oi New York, ) 
 
 City and County of New York, ) 
 
 On the tenth day of June, in the year one thousand eight 
 hundred and fifty, before me came John Doe, with whom I 
 am personally acquainted, and known to me to be the presi- 
 dent of the above-named corporation, who being by me duly 
 sworn, says that he resides at No. ten Cliff street, in the said 
 city ; that the seal which is affixed to the above certificate is 
 the corporate seal of the said coi'poration, and was so affixed 
 by their authority. 
 
 JOHN JONES, Commissioner of Deeds. 
 
lis WILLS. 
 
 WILLS. 
 
 The following forms of wills are inserted for the benefit of 
 those who may be unexpectedly called to draw up a will 
 without being able to procure good legal advice. 
 
 It is of the utmost importance that the property bequeathed 
 and the conditions and intentions of the bequest be distinctly 
 'defined, for wills are generally construed according to the 
 strict letter of the instrument. 
 
 Whenever good legal advice can be obtained, it is advisa- 
 ble to procure it ; for the statute regulations respecting wills 
 and devises are so minute and important, yet varied in every 
 state, that there is danger of 'coming in confiiict with some 
 statute provision in attempting to make a will without advice. 
 
 The person making his will must be of sound mind, must 
 act freely and voluntarily, and with a deliberate intention of 
 making his will. He may, of course, revoke his will by any 
 act which evidences such an intention. 
 
 Generally, infants and married women can not make a 
 will, but in some of the states they are empowered to do so 
 by statute. 
 
 By common law, marriage and the birth of a child subse- 
 quent to the making of a will in which no provision is made 
 for such an event, will be considered a revocation of the will ; 
 at least it can not bar the rights of the wife, and the child so 
 born, from an interest in the estate. The will of an unmar- 
 ried woman is in many states revoked by her subsequent 
 marriage. 
 
 A bequest to a wife will not take away her right of dower, 
 unless it be clearly inconsistent with such right, or it be ex- 
 pressly stated that it is in lieu of such right. 
 
 A codicil is something in addition to a will, and should be 
 executed in the same manner as the will. It may consist of 
 a further bequest, or of a revocation, in part, of the will. 
 
WILLS. 119 
 
 A bequest to a person witnessing a will is void, though all 
 the rest of the will is valid. Coercion and undue influence, 
 when exercised upon a testator, will invalidate the will. 
 
 As to the form of attestation of wills, see the directions \m- 
 der head of wills in the respective states, and page 163. 
 
 No. 111.— Short Form of Will. 
 Jn the Name of (5ob, Qlmen. I, John Doe, of the 
 
 toirn of Middletown, in the county of Middlesex, and state of 
 Connecticut, being of sound mind and memory, and consider- 
 ing the uncertainty of this frail and transitory life^ do there- 
 fore make, ordain, publish, and declare, this to be my last 
 toil! and (iTestrtmcnt : Tliat is to say, First, after all my 
 lawful debts are paid and discharged, the residue of my estate, 
 real and personal, I give, bequeath, and dispose of, as follows, 
 to wil : [To my beloved wife, the land and appurtenances sit- 
 uated thereon, known and described as the Wells farm, lying 
 in ihe town of Middletown, in the county of Middlesex, and 
 state of Connecticut, together with ten shares of the capital 
 stock of the MiddJetoicn Bank, now possessed by me, during 
 the term of her naturallife ; and after her death, to be divided 
 equally among my heirs : To my son George the farm situ- 
 ated and lying on the highway between Middletown and Hart- 
 ford, known as the Wilcox farm ; also all the right and title 
 I now have or may have in the axe-factory situated on what 
 is commoidy known as the Millpond, together \\nth the ma- 
 chinery connected therewith : To the American Bible Society, 
 instituted in the city of New York in the year one thousand 
 eight hundred and sixteen, the sum of five bundled dollars : 
 I give, be<|ueath, and devise, all the rest, residue, and remain- 
 •ler of my real and personal estate, to my, child now living, or 
 to my children, or their heirs, who may be living at the timo 
 of my decease, to be divided equally between them, share 
 and share alike.] • 
 
 Likewise I make, oonstitute, and appoint, my said son 
 Geokgk, and. my hrothers Willl\m and James Doe, to bo 
 executors of this my last will and testament, hereby revoking 
 all former wills by me made, 
 
 3n tDltncQS t»l]Crcof, 1 l»ave hereunto Kubscribcd ny 
 
120 WILLS. 
 
 name, and affixed my seal, the tliird day of April, in the year 
 of our Lord one thousand eight hundred d^ndijifty. 
 
 JOHN DOE (seal). 
 The above-written instrument was subscribed by the said 
 John Doe in our presence, and acknowledged by him to each 
 of us : and he at the same time published and declared the 
 above instrument so subscribed to be his last will and testa- 
 ment ; and we, at the testator's request, and in his presence, 
 have signed our names as witnesses hereto, and written oppo- 
 site our names our respective places of residence. 
 
 RICHARD ROE, Middletown, Middlesex Co., Ct 
 JOHN SMITH, Middletown, Middlesex Co., Ct 
 JOHN JONES, Portland, Middlesex Co., Ct. 
 
 Wo. 112.— Codicil to a Will. 
 
 tol)CreaS J, John Doe, of the town o^ Middletown, in the 
 county of Middlesex, and state of Connecticut, have made my 
 last -will and testament in writing, bearing date the third day 
 o^ April, in the year of our Lord one thousand eight hundred 
 and jifty, in and by which I have given and bequeathed to 
 the American 'Bible* Society , instituted in the city of New 
 York in the year one thousand eight hundred and sixteen, 
 the sum of five hundred dollars : 
 
 NotXi, tl)^rcfot0^ I do, by this my writing, which I hereby 
 declare to be a codicil to my said last will and testament, and 
 to be taken as a part thereof, order and declare that my will 
 is, that only the sura of two hundred and fifty dollars shall be 
 paid to the said American Bible Society, as the full amount 
 bequeathed to the said society, and that the residue of the 
 said legacy be given to the person who shall be acting as 
 treasurer at the time of my decease, of the Young Men*s 
 Library, located in the town of Middletown, to be expended 
 by the society in the purchase of books for the said library: 
 and lastly, it is my.desire that this codicil be annexed to and 
 made a part of my last will and testament as aforesaid, to all 
 intents and purp(jse.s. 
 
 Jn witness t0l)Cr£0f, &c. [as in No. 111). 
 
121 
 
 No. 113.— Form of Will, in which the Testator 
 devises all his Property to Trustees for certain 
 Purposes. 
 
 ®l)e last toill of iHe, John Smith, of the town of Co- 
 lumbia, m the district of RicMand, and state of South Caro- 
 lina, being of sound mind at the time of making and publishing 
 this my last will and testament, I give and devise all my estate, 
 real and personal, v/hereof I may die seized or possessed, to 
 John Doe, of the said town of Colwnhia, and Richard Roe, 
 of the same place, gentlemen : gTo l]atJe a\\^ tO l)Ol^ the 
 same to themselves, their heirs and assigns for ever, upon the 
 uses and trusts following, namely: In trust to pay all my 
 debts and funeral expenses : [secondly, to pay to my wife 
 Jane, upon her sole and separate receipts, the interest, in- 
 come, and revenue, of all my said estate, during the term of 
 her natural life : and thirdly, upon the decease of my said 
 wife, to convert all my said estate into money, if such a course 
 shall be thought best by my said trustees, and pay to my 
 daughter Jane the one third part thereof, it seeming to me 
 best to give her so large a share on account of her bodily 
 infirmities and inability to provide for herself, and the re- 
 maining two thirds equally to divide between my four sons 
 Peter, John, Henry, and Thomas. If either of my children 
 shall, before such division, have died, leaving lawful issue, 
 such issue to receive the parent's share ; but if there be no 
 issue, then such share to fall into the general fund, to be 
 divided among the survivors in the manner before directed. 
 
 And I hereby give to my said trustees full power and au 
 thority to sell any or all of my real estate at private or public 
 sale, and invest the proceeds, or to lease the same as they may 
 deem best for the interest of my family. 
 
 And if my said daughter Jane shall not have attained the 
 age of twenty-one upon the decease of her mother, I hereby 
 nominate, constitute, and appoint my said trustees, guardians 
 of the person and estate of my said daughter Jane during the 
 remainder of her minority, commending her to their fatherly 
 care and protection. 
 
 And I hereby tiominate, constitute, and appoint my said 
 trustees, John Doe and Richard Roe, executors of this my 
 last will and testament. 
 
 In ©itncss toljcrcof, &c'. [at in No. ill]. 
 11 
 
122 LIABILITIES OF MINORS. 
 
 LIABILITIES OF MINORS. 
 
 Persons of both sexes are minors until they are twenty- 
 one years of age. 
 
 In Vermont and Ohio, females are of age at eighteen. 
 
 Minors can not do any act to the injury of their property, 
 which they may not repudiate or rescind when they arrive at 
 full age. 
 
 Every contract entered into by a minor which is clearly to 
 his prejudice, is absolutely void ; and a contract which is 
 clearly to his benefit, is good ; and one that is uncertain 
 whether prejudicial or advantageous, is voidable only at the 
 election of the minor. 
 
 If the contract be voidable only, it is binding on the adult 
 party thereto until it is rescinded by the minor. 
 
 A contract for necessaries is binding on an infant, and he 
 may be sued on such a contract, but the articles must be. 
 shown to have been necessary for him under the circum- 
 stances and condition in which he was placed when they were 
 furnished. The real circumstances of the minor must be 
 looked at, not his ostensible condition. Necessaries for a 
 minor's wife and children are necessaries for him. 
 
 Infancy or non-age can not be taken advantage of to pro- 
 tect a fraudulent act. An infant has been held liable for 
 deceit in obtaining a loan of money on the fraudulent affirma- 
 tion that he was of age. 
 
 A father is not bound by the contract of his son, even for 
 articles that are necessary and suitable for the minor, unless 
 an actual authority be proved, or the circumstances be suffi- 
 cient to imply an authority. What circumstances will bo 
 sufficient to infer an authority must always be a question to 
 be determined in each particular case. 
 
 The father is liable for necessaries furnished his minor 
 children, but they must be strictly necessaries, such as the 
 lather is in duty bound to furnish, and has not provided. 
 
LIABILITIES OP COMMON CARRIERS. 
 
 LIABILITIES OF COMMON CARRIERS. 
 
 A common carrier is one who undertakes to carry goods 
 or packages of any kind, by land or water, for hire, stated or 
 implied, as an employment : owners of stage-wagons, stage- 
 coaches, and railroad-cars, who carry goods for hire ; tiuck- 
 men, teamsters, porters — owners and masters of vessels in 
 the carrying-trade — canal-boatmen, barge-owners, &c., are 
 common carriers. 
 
 Owners of steamboats who tow vessels, and private individ- 
 uals who may agree to convey a man's goods on a special 
 occasion, are not liable as common carriers. 
 
 Owners of stages, hackney-coaches, and other vehicles for 
 carrying passengers with their baggage, are liable as common 
 carriers for baggage or higgage intrusted tr> their care, but 
 not for goods, unless under a special agreement. 
 
 Common carriers are liable for the entire value of the 
 goods, if not delivered to the proper person ; except a 
 pirate or other public enemy destroys or captures them, 
 or the act of God (against which foresight can not j)rovide 
 nor human pjnver withstand) destroys them. They are not 
 liable for inevitable losses caused by lightnings, storms, hur- 
 ricanes, earthquakes, the ordinary decay of perishable goods, 
 spontaneous combustion, leakage of casks, or the carelessness 
 of shippers. Against all other perils the carrier is held as an 
 insurer. If a mob seize the goods, the carrier is held. Any 
 pa.ssenger-line in the habit of carrying go<jds for hire, is under 
 the carrier laws. If a stage-driver, or person going along in 
 the conveyance, takes money or goods to carry for his own 
 profit, he alone is responsible : it is the same if he went in a 
 raihoad-car, steamboat, &c., which takes passengers only. 
 
 To make the owner or master of a vessel liable as a com. 
 mon carrier, she must be open to transport anybody's goods 
 to the port agreed on — no matter whether ther'3 be one ship- 
 per or many, or whether she be in the home, foreign, coast- 
 ing, river, or ocean service; but a ship that carries only for 
 one or more particular individuals, comes not under the ear- 
 ner laws, nor docs an owner who lets the tonnage to particu- 
 lar shippers. If the owners charter a vessel to certain per- 
 
124 LIABILITIES OF COMMON CARRIERS. 
 
 sons for a voyage at a specified freight, they are common 
 carriers, unless the terms of the charter-party relieve them. 
 
 Carriers are responsible for the acts of all persons in their 
 employ : the act of the agent or servant is deemed to be the 
 act of the principal and master. Injuries done to the goods 
 by strangers must be made up by the carrier. He is liable 
 for accidental fires, thefts, robberies: the goods must be de- 
 livered as directed, in the same good order in w^hich they 
 were intrusted to him. 
 
 The common carrier must receive all such goods as are 
 offered for the place to which he carries, from anybody wil- 
 ling to pay the regular or a reasonable freight-charge : proof 
 of readiness and willingness to pay is enough, though it might 
 be advisable to tender the charges if a suit is intended. The 
 carrier may refuse if he is full, or the goods are dangerous to 
 be carried, or until he is ready to receive them, or if they are 
 goods it is not his custom to carry, or for a good reason. 
 When he takes freight, he must deliver it in a reasonable time ; 
 his ship should be seaworthy, and properly furnished and 
 manned, and he must proceed to the port advertised or other- 
 wise agreed on. 
 
 A carrier is not liable for loss by a river or canal freezing 
 up, during his voyage, unless he neglected to use due dili- 
 gence ; nor for the leakage of a ship strained in a storm, nor 
 for losses from collision of his ship with another, unless he 
 was negligent ; but for losses by theft and robbery, and for all 
 felonies except piracy, he is liable. 
 
 The carrier is liable for goods the moment they are deliv- 
 ered to him ; any delivery, in which he specially accepts the 
 goods, binds him ; acceptance is frequently implied and bind- 
 ing from the usage of business. Where a carrier receives 
 his freight, even at the shipper's warehouse or that of his 
 agent, and takes it in charge, if that be the usage, it binds 
 him. 
 
 He is not liable for goods left in the yard of an inn, where 
 several carriers put up, and not actually delivered to him. 
 For goods dell 'ered at a wharf to some unknown person, of 
 which the wharfinger had no knowledge, he was held not 
 liable. 
 
 When goods have reached the destined place, they must be 
 delivered to the proper person, or deposited in the proper 
 place, and the consignee, or one entitled to receive them, 
 duly notified. If he accepts the delivery, the carrier is nc 
 
LIABILITIES OP COMMON CARRIERS. 125 
 
 longer liable. In some instances the local usage, or the cus- 
 tom of particular carrying-ti'ades, in the absence of express 
 directions from the shippers, regulates the deliveiy; but if 
 there is a special contract, it must be fulfilled. 
 
 If the carrier of a line from Boston to New York takes 
 goods to be forwarded to Philadelphia by a particular con- 
 veyance, his liability ceases, as carrier, when they are safely 
 deposited at New York, and ready for such next conveyance ; 
 but if he takes goods to forward to places beyond the extent 
 of his own line, he is answerable as carrier to the place of 
 final destination. 
 
 A carrier is answerable for losses from deposites or storage 
 of goods on the route ; but if goods are left in his possession 
 beyond a reasonable time, he is only bound to take ordinary 
 care. If he delivers goods under a mistake of his own, or 
 of fraud on the part of others (other than the owners or ship- 
 pers), he must make good the value to the owner. 
 
 No contract, no public or personal notice, will exempt the 
 carrier of goods from losses caused by his or his agents' neg- 
 lect or fraud ; but any notice of the carrier (if the sliipper can 
 be proved to have read it or known of its existence, and not 
 otherwise) 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 and paid in proportion to the risk, is 
 good. An ambiguous notice will be construed against the 
 carrier. Notices at each end of a route will not bind those 
 who ship goods at intermediate places, unless specially made 
 known to them. A personal notice to the principal is binding 
 on all his agents who may forward by the same line. A car- 
 rier can not, by any transfer of the goods to another carrier, 
 exempt himself: if he forward in another mode than that un- 
 derstood, he will be liable, in cases where his notice would 
 have otherwise protected him. 
 
 If the owner of goods mislead the carrier as to their value, 
 or make false statements calculated to lessen his vigilance, it 
 is a fraud upon him. 
 
 Wliere there is no notice, or special contract of limitation, 
 it is encgh for the owner to show the canier's undertaking 
 the carriage of his goods, and a non-deliveiy. The earner 
 must show why he did not deliver ; but when there is n notJce, 
 the owner must show a want of ordinary prudence in the car- 
 rier. A valid seizure of goods because of an illegal act of 
 tlie owner, will excuse a non-delivery ; but the seizure must 
 
 !!• 
 
126 
 
 I-IABItilTIES OP COMMON CARRIERS. 
 
 be valid, or the carrier will be liable. The carrier has legal power 
 sufficient to put any claimant to the proof as to his title to take the 
 goods ; if he neglect to use that power, he is liable. In case of 
 stolen goods, the carrier must deliver them to the owner on demand. 
 
 When goods are sent by water, and it becomes necessary to throw 
 a part overboard, thereby to save the rest, the loss is to be general. 
 When one shipper's goods are thus destroyed, and those of others sa- 
 ved, the loser may demand a contribution from all the others, and 
 from the ship-owners, and the party entitled to freight, in such equi- 
 table amount as will subject him only to his fair proportion of the loss 
 according to the value of goods he had shipped. Land-carriers, when 
 inevitable perils oblige them to incur unusual charges, may demand 
 payment by an equitable contribution. 
 
 The carrier has a right to fiemand payment when he receives the 
 goods : he may refuse to take them if not so paid ; but if he take 
 them, to be paid at the end of the route, he may retain them till paid, 
 on his arrival there. He may waive this lien by agreement, in which 
 case his charges become a simple debt. As a general rule, the con- 
 signor is bound for the freight ; but the consignee^ if he engage to 
 pay, is also. Nautical usages have often become, by the decisions 
 of courts, positive law. Different states have passed local laws to 
 regulate their navigation : if a carrier break any of these rules to the 
 loss of a shipper, be is liable. 
 
 In tlie states of New York and Ohio, special norices and special con- 
 tracts, by common carriers, are held to be against the policy of the 
 law, and therefore utterly void. The courts also hold that the notice 
 that "all- baggage is at the risk of the owner," is a nullity; but the 
 carrier may require the shipper to disclose the nature and value of the 
 property, or make a special acceptance. 
 
 Warehousemen, wharfingers, and private carriers, are only bound 
 to use ordinary care and diligence, and are liable but for gross negli- 
 gence or bad faith. 
 
 Common carriers are bound to carry passengers safely and properly 
 to their place of destination ; to use the utmost skill, care, and dili- 
 gence ; and are responsible for" the least neglect. If an accident hap- 
 pen, it falls to the carrier to show that it was not his fault. All who 
 seek a passage are to be treated with impartiality, but must pay in 
 advance if required and submit to reasonable rules for the general 
 convenience and comfort. Persons of coarse, rude conduct, or suspi- 
 cious or notorious bad character, may be refused. 
 
 The conveyance must be suitable for the passage, having skilful, 
 prudent, faithful conductors and servants. If by water, the vessel 
 must be seaworthy, with a competent crew. His baggage must be 
 duly delivered to the passenger, or the carrier must keep it for him 
 a reasonable time. 
 
 In case of a coachman, if he be rash, careless, races violently, or by 
 want of caution runs foul of anything, and an accident happen, the 
 proprietors are liable. The baggage he may detain for unpaid fare. 
 
 J^i 
 
tWBiLrnr of ship owners. 187 
 
 LIABILITY OF SHIP-OWNERS. 
 
 The following Act In regard tc the liabilities of ship-owners, which was pass- 
 ed by Congress, March, 1851, has so important a bearing on sea-carriage of 
 merchandise, that it is inserted entire. How /ar it will effect the old established 
 principles of common carrier liabilities, stated in the preceding article, remains 
 to be settled by the legal tribunals. 
 
 No owner or owners of any ship or vessel shall be subject or liable to answer for or make 
 good to any one or more person or persons any loss or damage which may happen to any 
 eoods or merchandise whatsoever, which shall be shipped, taken in, or put on board any 
 6uch ship or vessel, by reason or by means of any fire happening to or on board the said 
 ihip or vefKsel. unless such fire is caused by the desiyrn or neijlect of such owner or owners : 
 Priiitdcd. Tluit nothing in this act contained shall prevent the parties from making such con- 
 V jise, extending or limiting the liability of shipv-owners. 
 
 r or shippers of njatina, gold, gold-dust, silver, bullion, or other precious met- 
 li ry, bills of any bank or public body, diamonds or other precious stones, shall 
 
 Ih.ir- ,n.- rrtint- on board any snip or vessel, without at the time of such lading, giving to the 
 master, agent, owner or owners of the ship or vessel receiving the same, a note in writing 
 of the true character and value thereof, and have the same entered on tlie bill of lading 
 therefor, the master and owner or owners of the said vessel shall not be liable, as carriers, 
 in any fonn or manner. Nor shall any such master or owners be liable for any such valua- 
 ble gofKls beyojid the value and accortling to the character thereof go notified and entered. 
 
 The liability of the owner or owners of any ship or vessel for any embezzlement, loss or 
 destruction, by the master, officers, mariners, passengers, or any other person or persons, 
 of Siiy property, goods, or merchandise, shipped or put on board any such ship or vessel, 
 or for any loss, damage, or iniury by collision, or for any act, matter or thing, loss, damage 
 or forfeiture, done, occasioned, or incurred, without the privity or knowledge of such own- 
 er or owners, shall in no case exceed the amount or value of tlie interest of such owner or 
 
 or for any loss, damage, or injury by collision, or for any act, matter or thing, loss, damage 
 
 ' ' ■ ' ■ ;d, ' • • ■ 
 
 le ( 
 owners, respectively, in such ship or vessel, and her freights tlien pending. 
 
 If any sii/Mi embezzlement, loss, or destruction, shall be suffered by several freighters 
 o«-....r., ^r <-,w„)j,, ware-s, or merchandise, or any property whatever, on the same voyage, 
 1^ value of the ship or vessel, and her freight for the voyage, shall not be suflS- 
 
 < compensation to each of them, they shall receive compensation from the 
 
 o .' rs of the ship or vessel in proportion to their respective losses; and for that 
 
 pur; o-ie xhi* said freighters and owners of the property, and the owner or owners of the 
 ship or vessel, or any of them, may take the appropriate proceedings in any court for the 
 purpose of apportioning tlie sum for which die owner or owners, of any ship or vessel, 
 may be liable among the parties entitled thereto. And it shall be deemed a sufficient com- 
 pliance with the requirements of this act, on the part of such owner or owners, if he or they 
 ■ball transfer his or their interest in such vessel and freight, for the benefit of such claim- 
 ants, to a trustee, to be appointed by any court of competent jurisdiction, to act as such 
 trustee for the person or persons who mav prove to be legally entitled thereto, from and af- 
 ter which transfer, all claims and proceecfings against the owner or owners shall cease. 
 
 The charterer or charterers of any ship or vessel, in case he or they shall man, victual, 
 and navigate, such vessel at his or their own expense, or by his or their own procureraenl^ 
 •hall be deemed the owner or owners of such vessel, within the meaning of tliis act; ana 
 •uch ship or vessel when so chartered shall l»e liable in the same manner as if navigated by 
 the owner or owners thereof. 
 
 Nothing in the preceding secrtons shall be construed to take away or affect the remedy to 
 which atiy party may be entitled, against the mfister, officers, or marirmrs, for or on account 
 ef any cmbezzlenunt, injury, loss, or destruction of goods, wares, merchandise, or other 
 property, put on board any ship or vessel or on account of any negligence, fraud, or other 
 malversation of such master, officers, or mariners, respectively, nor shall anything herein 
 contained lessen or take away any responsibility to which tny master or mariner of any 
 •hip or vessel may now by law Iw liable, notwithstanding such master or mariner may ba 
 an owner or part owner of such ship or vessel. 
 
 Any person or perwons shippin;; oil of vitriol, unslaked lime. Inflammable matches, or 
 runpowder, in a sliip or vessel taking cargo for divers persons on freight, without deliver- 
 ing at the time of shipment, a note in writing, expressing the nature and character of such 
 merchandise, to Uie master, mate, officer, or person In charge of the lading of the ship or 
 vessel, shall forfeit to tlie United Slates one thousand dollars. 
 
 ThU tut $haU not apply to the oioner or ownert of any canal-boat, barge, or lighter, or to any 
 'end «/ My dneription vhattoevtr, wed in river or inland navigation. 
 
128 CUSTOMHOUSE REGULATIONS. 
 
 CUSTOMHOUSE REGULATIONS. 
 
 Entry of Vessels from Foreign Ports. — It is necessaiy that three copies of the 
 manifests of vessels from foreign ports Bhould be made out before arrival, in ordei 
 to be presented to the boarding-officer upon arrival. They should include every 
 thing on board ; and, after stating the cargo laden at the port of departure, if there 
 should be any return cargo, it should then be added under that head. If there 
 are any surplus stores, these should then be particularized ; and, jBnally, the pas- 
 sengers' names, individually, with the number of packages of baggage belonging 
 to each — the whole to be signed by the master. 
 
 Where there are passengers, a separate list, besides the names on each mani- 
 fest — including the names, ages, sex, occupation, country to which they severally 
 belong, and of which they intend to become inhabitants, and if any have died on 
 the passage — will also be necessary. Another list of passengers, similar to the 
 last, is required by the mayor of the port in some of the states. 
 
 If any part of the cargo is to be landed at a different port than the first one of 
 entry, it must be so stated in the manifest, as othei-wise that privilege will be lost, 
 and the cargo required to be landed at the first port of entry. 
 
 The captain should be particular in having his crew mustered by the boarding- 
 officer, upon arrival, in order to the cancelling of the bond given for their safe 
 return. Vessels must report at the customhouse within tv/elve hours, and enter 
 within forty-eight hours, after arrival. If the captain is not an owner of the 
 vessel, and there should be a resident owner at the port of entry, such owner is 
 required to accompany tlie captain, in order to swear to the register. 
 
 Entry of Vessels coastwise. — Nothing further is required than the clearance 
 from the customhouse at the port of departure, and the register, if she is a regis- 
 tered vessel. 
 
 Clearance of Vessels for Foreign Ports. — Every shipper must clear his goods 
 at the customhouse before the vessel can clear. From these shippers' clearances 
 the vessel's manifest is to be made, after the same form, and including all the 
 particulars therein contained. A notarial crew-list and duplicate shipping articles 
 are also required. If there is any change of ow^ner or master, notice thereof should 
 be given, at least the day previous, in order that the register may be endorsed or 
 a new one issued. 
 
 Inquiry should also be made, a day or two previous to clearing (in case of ves- 
 sels last from foreign ports), whether the return of the inward cargo corresponds 
 with the manifest, as delays may otherwise occur in settling discrepancies, which 
 to adjust may and do frequently detain vessels from clearing, when the hurry is 
 great, and consignees are anxious to get their vessels to sea. 
 
 If there is any cargo brought in die vessel not to be landed, a permit must be 
 obtained to retain the same on board, several days before clearing, as the officer dis- 
 charging the vessel can not make his return without it ; and, without his return, the 
 vessel can not be cleared. When cleared, the captain will receive his register, 
 crew-list, clearance, bill of health, and shipping articles ; or, in case of 2i foreign 
 vessel, all that he requires is a clearance and bill of health, upon presenting which 
 to the consul of his nation, he will receive all other necessary papers. 
 
 Clearance of Vessels coastwise. — Duplicate manifests, made out from the bills 
 of lading (number of packages in each bill of lading being stated in writing), 
 with the names of tlie shippers and consignees, and their places of residence, 
 are all that is required. 
 
 LaiDs relative to Invoices. — Invoices must be made out in the currency of the 
 country whence the goods nre imported ; they must also reduce such currency 
 to the Currency of the United States. When the value of such currency is not 
 fixed l>y law, tlie invoice must be accompanied by a consular certificate, stating 
 the true value of such currency in Spanish or United States silver dollars , and in 
 
CUSTOMHOUSE REGULATIONS. 129 
 
 oefanit tbereof, a bond for the prodaction of snch certificate must be given. If no 
 tnvoice of goods has been received by the consignee or owner, they may be 
 entered by appraisement, the ovjmer or consignee first taking oath that no invoice 
 has been rec<:-ived, and giving bond to prwluce invoice. 
 
 Goods belouying to persons residing in the United States, but absent from the 
 place of importation, may be admitted to entry, the importer or agent first giving 
 bon<l to produce invoice duly verified by the oath of the owner, administered by 
 a collector of the customs or by a public officer duly authorized to administer oaths. 
 
 Goods belonging to a person not residing at the time in the United States, can 
 not be admitted to entry, unless accompanied by an invoice verified by the own- 
 er's oath,, stating that the goods were actually purchased for his account, and 
 that the invoice contains a true and faithful account of the cost of such goods. 
 
 If such goo<is have not been acquired in the usual mode, of bargain and sale — 
 cr if they belong in whole or in part to the manufacturer thereof— the oath an- 
 nexed to the invoice must specify that the invoice contains the Kc\.\i^\f ah- market 
 value at the time and place when and where the same were procured or manu- 
 factured. 
 
 The verification may be made before a consul or commercial agent of the Uni- 
 ted States. If there is no consul or commercial agent in the country or place of 
 purchase, the oath may be administered by any public officer authorized in such 
 place to administer oaths, which authority must be authenticated by a consul or 
 commercial agent of the United States : if there be no such consul or agent, then 
 by the antlientication of a consul of any nation at peace with the United States : 
 if no such consul can be found, then the certificate of two respectable merchants 
 will aaswer. 
 
 Goods owned by persons not residing in the United States, and not accompa- 
 nied with an invoice verified as required above, may be admitted by the secretary 
 of the treasury', the collector first certifying that no fraud was intended ; but 
 before such entry shall be permitted, the importer shall give bond to produce 
 an invoice of such goo<l8, duly verified by tlie owner, in the mode and to the 
 effect before mentioned. 
 
 The owner, consignee, or agent of imports, which have been actually pur- 
 chased, on entry of the same, must make such addition in the entry to the cost or 
 ralue given in the invoice as in his opinion may raise the same to the true market 
 value of such imports in the principal markets of die country whence the impor- 
 tation shall have been made, or in which the goods imported shall have been 
 originally manufactured or produced, as the case may be. 
 
 No goods, w^ares, or merchandise, subject to duty, can be imported into the 
 United States on the seaboard in vessels of less than thirty tons' burden, under 
 the penalty of the forfeiture of vessel an<l cargo. 
 
 Invoice must contain the weight, quandty, or measure of goods, or the same 
 will be weighed, gauged, or measured, at the expense of the importer. The 
 number of bashels of wheat is to be ascertained by actual measurement by the 
 standard bushel, and not by weight 
 
 In all rases where there are more goods found on board a vessel than the 
 master thereof has reported in his manifest, he must, with the consent of the offl 
 Cera of the customs, make a post entrj- for tlie same, and pay two dollars therefor, 
 and for every disagreement between his manifest and cargo, he is liable to a fine 
 of five hundred dollars. All goods, on examination by the appraisers, not corre- 
 tponding with the entry made of them, arti liable to forfeiture. 
 
 Drawhiick. — To be entitled to drawback, the duties on the importation of the 
 goods exported must have been at least fifty dollara by one vessel, at the same 
 time, and by the same person, and the merchandise be, at the time of exporta- 
 tion, in the same package and same condition, including wrapper and original 
 mark and number, ai when imported. 
 
 Ilefrix/er Art. — Every owner of a vessel, residing within the limits of the Uni- 
 ted States, must swear (or aflirm) to the register within ninety days after its 
 being granted, or it becomes void, and the vessel and cargo pays foreign tomiage 
 and duty. 
 
 All dtUies mait be paid in gold or lilTor cr^fii. 
 
130 CUSTOMHOUSE REGULATIONS. 
 
 Warehousing. — Goods, wares, or merchandise, entitled to entry for ware- 
 housing, are such only as shall tiave been actually imported after the passage of 
 the act "reducing the duty on iiiiports, and for other purposes," approved July 
 30, 18-1 G. Where owners, importers, consignees, or agents, desire to warehouse 
 their goods, due entry in writing must be made in each case, and a bond taken 
 with surety or sureties to the satisfaction of the collector, in double the amount 
 of the duties. 
 
 Goods, wares, or merchandise, entered for warehousing, must be conveyed 
 from the vessel, or wharf where lauded, to the warehou.se, under the spe dal su- 
 perintenJence of an inspector of the customs, indray.s, carts, or other usual modes 
 of conveyance, to be employed on public account, by the proper officer of the 
 customs, and the expense at the rates usually paid for such service at the port in 
 que.stion is to be defrayed at the time by the person who enters said goods, 
 wares, or merchandise, for warehousing. In cases where gf)ods, wares, or mer- 
 chandise, imported after the passage of the act of July 30, 1846, are intended to 
 be exported directly from warehouse to a foreign countiy, entry must be made 
 and bond given, in the manner now required by exi.«ting laws relating to expor- 
 tations for the benefit of drawback. In all such cases the appropriate expenses 
 are to be paid betbre granting permit lor exportation, 
 
 Where any goods, duly warehoused, shall remain in store beyond one year, 
 without payment of the duties and charges thereon which in pursuance of the 
 act are required to be appraised and sold, the treasury department prescribes 
 that all such sales shall take place witliin thirty days after the expiration of the 
 year. 
 
 If a part of an importation is to be landed and the duties paid forthwith, and 
 the remainder warehoused, the two entries must be made simultaneously. If 
 no invoice has been received, the goods may be entered in conformity with the 
 6e;ond sectiou of the act of March 1, 1823, but can not be entered for warehou- 
 sing. When the goods have been deposited in the warehouse, the collector shall 
 cause them to be compared with the invoice, and the dutiable value, quantity, 
 and tlie character thereof, ascertained in the manner provided by law; and aftef 
 the report of the appraisers has been received by the collector, the importer, 
 agent, or purchaser, may withdraw any entire case or package, or any quantity 
 not less than one ton in weight, if imported in bulk. 
 
 When the goods have arrived at the port of destination, they may be depos- 
 ited in the public store, and the duty paid forthwith. If the duty is not paid 
 forthwith, the entry for warehousing shall be presented to the collector, and 
 accompanied with the transportation certificate and copy from invoice, and shall 
 be verified by the oath of the owner or consignee : the collector will then take a 
 bond with satisfactory security. 
 
 When the goods are deposited in warehouse, they must be subjected to the 
 same examination as is required by law on the importation of goods from foreign 
 ports, and must be carefully compared with the copy from the original invoice. 
 If the collector is satisfied that the goods so examined are the identical goods 
 described in the transportation certificate, he will grant a copy thereof and cer 
 tify thereon, which certificate being presented to the collector at the port whence 
 the goods were transported, the bond may be cancelled. 
 
 If the goods are withdrawn from warehouse at the port of original importatioa 
 for exportation, then entry must be made, the oath prescribed taken, and bond 
 with satisfactory security given for the delivery of the goods at a foreign port oi 
 place : when the bond is received, the collector and naval officer will issue a 
 permit to deliver the goods to the surveyor, and shall direct the surveyor to cause 
 the same to be laden on board for exportation, indicating which are to be weighed, 
 gauged, or measured. The officer under whose mspection the goods are shipped 
 must certify on the entry : to cancel the export bond, the exporter must furnish 
 the proofs required by law. 
 
 W^hen goods have been deposited in the public stores, the owner or importer 
 on application therefor shall be entitled to receive a ce'rtificate, either for the 
 entire importation, or for each package or parcel thereof, on payment of twenty 
 cents for each certificate — which certificate shall be issued and signed by the 
 
 'ittmm^. 
 
CUSTOMHOUSE REGULATIONS. 131 
 
 collector, or by some person to be designated for that pnrpose by the collector, 
 with tlie approbation of the secretary of the treasury, which person shall be enti- 
 tled lo receive from the importer a copy of the warehousing entry, and ehfdl be 
 allowed to retain out of tne money received for certificates snch reasonable 
 amount as may be fixed by the collector, with the sanction of the secretary of the 
 treasury, as his compensation ; and the residue thereof, if any, after deducting 
 the expense of printing, filling up, registering, and cancelling said certificates, 
 shall be paid over to the collector, to be by him placed to the credit of the treas- 
 urer of the United States. 
 
 When goods are withdrawn from warehouse in quantities less than the entire 
 importation, the expense of weighing, gauging, or measuring, must be paid by 
 tlie owner, importer, or agent, if it be necessary to weigh, gauge, or measure 
 •Q2h portion, in order to ascertain the dutiable value. 
 
 The warehouses are opened at sunrise, and closed at sunset. 
 
 Recording the Sale or Mortgage of Vessels. — No bill of sale, mortgage, hy- 
 
 gothecation, or conveyance, of any vessel or part of any vessel of the United 
 tates, shall be valid against any person Other than the grantor or mortgagor, his 
 heirs, and devi ees, and persons having actual notice thereof; unless such bill of 
 Sale, mortgage, hypothecation, or conveyance, be recorded in the oflSce of the 
 collector of customs where such vessel is registered or enrolled : Provided, That 
 the lien by bottomry on any vessel created during her voyage, by a loan of 
 money or materials, necessary to repair or enable such vessel to prosecute a 
 voyage, shall not lose its priority or be in any way affected by the provisions of 
 this act. The collectors of the customs shall record all such bills of sale, mort- 
 gages, hypothecations, or conveyances, and also all certificates for discharging 
 and cancelling any such conveyances, in a book or books to be kept for that pur- 
 pose, in the order of their reception, and shall certify on the paper so recorded 
 the time when the same was received, and the number of the book and page 
 where they are recorded. 
 
 The owner, or agent of the owner of any vessel of the United States, applying 
 to a collector of the customs for a register or enrolment of a vessel, shall, in addi- 
 tion to the oath now prescribed by law, set forth, in the oath of ownership, the 
 part or proportion of such vessel belonging to each owner, and the same shall be in- 
 serted in the register or enrolment; and all bills of sale of vessels registered or en- 
 rolled shall set forth the part of the vessel owned by each person selling, and the 
 part conveyed to each person purchasing. This act went into effect Oct. 1, 1850. 
 As blank forms are prepared according to the regulations of the customhouse, 
 and can be obtained at ports of entry, we shall omit them here. The details of 
 passing goods through the customhouse are so intricate, that it will generally be 
 found advisable to employ a broker to attend to the business. 
 
 LIST OP PEES RECEIVABLE BY LAW. 
 
 For admeasuring every Vessel, in order to the enrolment, or licensing, 
 
 and recording the same, if of 5 tons, and less than 20 SO 50 
 
 Of 20, and not over 70 75 
 
 Over 70, and not over 100 1 00 
 
 Ovfr TOO 1 50 
 
 r". iiont .'50 
 
 K I tificate of Enrolment 20 
 
 L ^ !ig the same, including the Bond, if not over 20 tons. .. 26 
 
 Abuve '.iU, and not over 100 50 
 
 Over 100 1 00 
 
 ¥'.-'^^"" • nn a License 20 
 
 ' aiifest, and granting Permit for licensed Vessels to go from 
 
 tu District, under 50 tons 23 
 
 »>ver50ton8 ."SO 
 
 .^fl£. 
 
132 CUSTOMHOUSE REGULATIONS. 
 
 Receiving certified Manifest, and granting Permit on arrival of each Vessel, 
 
 if under 50 tons 25 
 
 Over 50 tons 60 
 
 Certifying Manifest, and granting permission to registered Vessels to go 
 
 from District to District 1 50 
 
 Receiving certified Manifest, and granting Permit on arrival of such regis- 
 tered Vessel 1 50 
 
 Granting Permit to a Vessel, not belonging to a Citizen of the United 
 
 States, to go from District to District, and receivinj^ Manifest 2 00 
 
 Receiving Manifest, and granting Permit to unload, for last-mentioned Ves- 
 sel, on arrival at one District from another 2 00 
 
 Granting Permit for Vessel carrying on Fishery, to trade at a Foreign 
 
 Port ^ 25 
 
 Report and Entry of Foreign Goods imported in such Vessel 25 
 
 Entry of Vessel of 100 tons and more 2 50 
 
 Clearance of Vessel of 100 tons and more 2 50 
 
 Entry of Vessel under 100 tons 1 50 
 
 Clearance of Vessel under 100 tons 1 50 
 
 3'ost Entry 2 00 
 
 Permit to land Goods — all official Certificates, and Orders to deliver or 
 
 transfer 20 
 
 Bond, taken officially 40 
 
 Permit to load Goods for Exportation, entitled to Drawback 30 
 
 Debenture, or other official Certificate 20 
 
 Bill of Health 20 
 
 Official Documents, except Register, required by any Merchant, Owner, 
 
 or Master of any Vessel, not before enumerated 20 
 
 Admeasurement and certifying Vessels of 100 tons and under 1 c. per ton 
 
 Over 100, and not over 200 1 50 
 
 Over 200 2 00 
 
 Other services to be performed by the Surveyor, in Vessels of 100 tons and 
 
 more, having on board Merchandise subject to duty 3 00 
 
 Like services in Vessels under 100 tons, having similar Merchandise 1 50 
 
 All Vessels not having Merchandise subject to duty 67 
 
 Protection 25 
 
 Crew-List 25 
 
 Certificate of Registry and Bond 2 25 
 
 Endorsement on Register 1 00 
 
 All Orders, Permits, and other Documents, requiring the Collector's signa- 
 ture, including Certificates on Invoices, and Shipping Manifests, and 
 
 for every ^'7<ro^ or verification on oath 20 
 
 For recording Conveyance or Certificate of Satisfaction of a Record 50 
 
 Furnishing Certificate of facts regarding the Record of a Vessel 1 00 
 
 Furnishing Certitied Copies of the Record 50 
 
 In ail cases where the Invoice or Entry does give them, there shaU be charged 
 for— 
 
 Weighing— l^c. per 112 lbs. 
 Gauging— Casks, 12c. each; Cases and Baskets, 4>^c. each ; Ale, Porter, &c., 
 
 Die. per dozen bottles. 
 Measuring— Coal, 90c. per 100 bushels; Chalk, Brimstone, &c., 90c. per 100 
 bushels ; Salt, 75c. per 100 bushel? ; Potatoes, Seeds, Grain, and all other 
 measurable articles, 45c. per 100 bashels. 
 Measuring — Marble, Mahogany, Cedar-wood, <fcc., the actual expense incurred. 
 .Marking — Spirits, Wines, &c.,' 2>2'c. per package; issuing Certificates (Spirits 
 only), 3^c. per package — when requested by the importer 
 Note.— Persons residing in the country, receiving invoices and bills of lading for goods 
 arriving at any port of entry in the Uniteci States, can get them passed througli the custom- 
 house, without being personally present, by endorsing their name on the bill of lading, at- 
 taching to it the invoice, and mukin',' oath of ownership before an officer authorized by tho 
 state to take acknowledgments, and sending the whole to some customhouse broker, or to 
 a friend who will employ one, at the port where the goods have arrived. 
 
NATURALIZATION. 133 
 
 NATURALIZATION. 
 
 In order for a free white person, bom in a foreign country, to become a citizen 
 of the United States, it is necessary that he "should make a declaration under 
 oath, at least two years before bis admission, of his intention to become a citizen, 
 and must renounce his allegiance to his own sovereign. This declaration must 
 be made before — 
 
 1. Any state court, being a court of record, and having a seal and clerk, and 
 common-law jurisdiction. 
 
 2. Before a circuit court of the United States. 
 
 3. Before a district court of the United States. 
 
 4. Before a clerk of either of these courts. 
 
 After he has been a resident of the United States for five years, and has made 
 his declaration of hiteiitions at least two years before, he may then be admitted 
 to the rights of citizenship. In order for this, he must prove, by the oath of two 
 citizens of the United States, that he baa been a resident of the United States 
 for five years, and one year within the state where the court is held. 
 
 He roust also take an oath to support the constitution of the United States, and 
 on oath renounce and abjure his native allegiance. 
 
 If he have been a minor, and shall have resided in the United States for three 
 years next before his attaining his majority, he may be admitted without such 
 declaration, on proving by two witnesses that he has resided five years in the 
 United States, three years as a minor and two since he became of age, making 
 the declaration of his intentions at the time of his admission, and declaring on 
 oath and proving to the satisfaction of the court that for three years next prece- 
 ding it had been his bona-Jide intention to become a citizen. 
 
 The alien's country must, at the time of his admission, be at peace with the 
 United States. 
 
 If an alien die after having made his declaration of intention and before his 
 admission, his widow and children are citizens. 
 
 The minor children of any one duly naturalized, if dwelling in the United 
 States, arc citizens. 
 
 No. 114. — Form of Declaration of Intention. 
 
 I, JoHif Do«, do declare, on oath, that it is bona Jide my intention to become 
 a citizen of the United States, and to renounce for ever all allegiance and fidelity 
 to all and any foreign prince, potentate, state, and sovereignty whatever ; and 
 particularly to the queen oj Great Britain and Irela nd, oi yvhom I was a subject 
 
 JOHN DOE. 
 Sworn in open court, this ) 
 Jir$t day - f October, 1850. ] 
 
 Clerk's Certificate. 
 
 I, JoHif Smith, clerk of the district court of the United States, do certify that 
 the above is a true tjopy of the original declaration of intention of John Dojc to 
 become a citizen of the United States, remaining of record in my office. 
 
 In testimony whereof, I have hereunto subscribed my namt;, and affixed the 
 seal of the said court, thin first day of October, one thousand eight hundred and 
 
 fSealqfOucouH.) JOHN SMITH, Ctcrk, 
 
 12 
 
134 NATURALIZATION. 
 
 No. 115. — AflBdavit of one who arrived before he 
 was EighteexL 
 
 In the matter of John Doe, ) 
 on his Naturalization. ) 
 John Doe, being duly sworn, says, that for the continued term of five years 
 last past he has resided within the United States, and that for one year last past 
 he has resided within the state of Micldgan ; and at the time he so arrived in 
 the United States he had not attained his eighteenth year; that it is bona fido 
 his intention, and has been for the last three years, to become a citizen of the 
 United States, and to renounce for ever all allegiance and fidelity to all and every 
 foreign prince, potentate, state, and sovereignty whatever ; and particularly to 
 Victoria, the queen of Great Britain and Ireland, of whom he was a subject. 
 
 JOHN DOE. 
 Sworn in open court, the ) y Smith CJprk 
 tenth day of August, 1850. \ ^"^^^ '^'*^'^"' ^^^*^*- 
 
 No. 116. — Affidavit to prove the Intention of be- 
 coming a Citizen, to accompany the preceding 
 Affidavit. 
 
 State of Michigan, ? . .. 
 
 County of Wayne, y^^^^' 
 
 John Jones, being duly sworn, says that he is a citizen of the United Slates-, 
 that he is well acquainted \Vith the above-named John Doe, and that the said 
 John Doe has resided within the territory of the United States for five years 
 last past, and for one year last past in the state of Michigan ; and that during 
 such period he has behaved himself as a man of good moral character, attached 
 to the principles of the constitution of the United States, and well disposed to 
 the good order and happiness of the same ; that for three years last past it has 
 been bona tide the intention of the said John Doe to become a citizen of the 
 United States, and that at the time the said John Doe arrived in the United 
 States he had not attained his eighteenth year, 
 
 JOHN JONES. 
 
 'T»Tdl? TL7:S: uk i J°- SM,™, Clerk. 
 
 No. 117. — Proof of Residence, &c., to be made at 
 the time of Admission. 
 
 State of Indiana, 1 . „,.. 
 
 County of Jefferson, \ ^° ^" * 
 Peter Smith and John Jones, being duly sworn, say that they are both of 
 them citizens of the United States of America; that they know John Doe, and 
 that he has resided within the territory and jurisdiction of the United Ststcs for 
 five years last past ; that during that time he has behaved as a man of good 
 moral character, attached to the principles of the constitution of the United States, 
 and weU disposed to the good order and happiness of the same. 
 
 PETER SMITH, 
 JOHN JONES. 
 Sworn in open court, this first day of November, 1850, ) 
 before me, George Goodman, Judge. \ 
 
QUALIFICATION OP VOTERS IN EACH STATE. 135 
 
 No. 118.— Oath to snpport the Constitution of the TJ. States, &c. 
 
 I, John Doe, do solemnly swfnr that I will snpport tlie constitution of the United States 
 of Ain» ricH, and thnt I do Bl'tsolutf'ly «iid entin-ly renouiieo and alijure all a^iogianc? and 
 fi'I(>liry to any torHjii princf . potPntat*-, stato, or sovi'roiijnty wliati'ver ; and pHrticularly 
 to Victoria, queen of the United Kingdom of Great Britain and Ireland, ol whom I was 
 a subject. [Any ti'le or ord>T of noliilitv m\i?t also lie renounced.] 
 
 Sworn in open court, tha first day of November, 1855, ? JOHN DOE. 
 
 before me, Geobqe Goodman, Judge. 5 
 
 No. 119.— Certificate of Citizenship. 
 
 United States of Amerirn, ) 
 
 State of Indiana. County of Jefferson, 3 * 
 
 B>' it roinetntn^rt'd, thnt on thofiratdny of November, in the year of our I.ord one thousand 
 eight hnndred and fifty five John Doe app'^and in the circnit court (the said court bfin^ 
 B court of record, havinsr coinmon-law juri-^diction, and a clerk and fcal), and applied to 
 the said court to be admitted to b»come a citizen olthe United Stati s of America, pursuant 
 to the provisions of the several acts of the Conjrress of the United States of America, for 
 that pui-pose made and provided ; and the said applicant havinjr therenpon produced to 
 the court such evidence, made such declaration and renunciation, and t^ak^n such oaths 
 as are hy the saiii acts required : Thereupon, it was ordered by the said court, that the 
 said applicant be admitted, and he was accordingly admitted by the said court, to be a 
 citiz!-n of the United Stales of America. 
 
 In testimony whereof, the seal of said court is hereunto nflRxed, th\'> first day of iVbreja- 
 ber, one thousand eight hundred and fifty five, and in the seventy-eighth year of our In- 
 dependence. Per curiam. JOHN SMITH, Clerk. 
 rSeal of the Court.) 
 
 QUALIFICATION OF VOTERS IN EACH STATE. 
 
 Maime.— Every male citizen of the United States of the ao:e of twenty-one years (except- 
 hi? paupers, persons under guardianship, and Indians not taxed), having his residence es- 
 tablished in itiis slate for the term of three months next preceding any election, shall be an 
 elector in the town or plantation where his residence is so established. 
 
 New Hampshire.— Every male inhabitant twenty-one years of age (excepting paupers, 
 and neiboiis excused from paying taxes at their own request), resident in the state six 
 months, and of the town three montlis next preceding the election, is entitled to vote. 
 
 Vermo.nt.— Etery man of the full age of twenty-one years, having resided in the state 
 for the space of one whole year and in tlie town three mouths next before the election, who 
 is of a quiet and peaceable I <^haviur, and has taken the freeman's oath, shall be entitled to 
 all the privileges of a freeman. 
 
 Massach(;setts. — Every male citizen of the age of twenty-one years (except paupers 
 ■ml persona under guardianship), whu^ias resided in the Commonwealth one year, and in 
 the town or district in which he claims a right'to vote.six months next preceding the elec- 
 tion, may vote, provided tliey have paid all taxes assessed upon them (unless legally ex- 
 empted) wiihin two years next precedhijf the day of election. 
 
 Rhode Island.— The rif ht of suflrage is granted- to every male na«u« citizen of the United 
 States twenty-one Tear8.o? age, who has had his residence and home in the state two years 
 ■nd in the town wuere be purposes to vote six months next preceding the time of election, 
 whose name has been registered in the town-clerk's of^ce at least seven days.ljeforc he shall 
 offer bis vole, and who shall have paid a lax of one dollar, or done military duty within the 
 preceding year; also any male citrzen (naturalized foreigner) of the United States who, 
 in addition to the preceding qualifications (except only one year's residence is required), 
 possesses real esute in the town or city where he offers his vote of the value of $134 over 
 •od above all incumbrances, or which rents for seven dollars per annum. The constitutional 
 proviaions are much more in detail than the above. 
 
 CowMECTTCOT.— Every white male citizen of the United States who shall haro gained a 
 settlement In this state; attained th« age of twenty-one years, and resided in the town in 
 which he may offer himself to l)« admitted to the privilege of an elector, at least six months 
 praoedbi^, aod have a freehold estate of llie yearly rahie of seven dollars in this state; or 
 bavlog Men earolled ia tto militia, shall have performed military duty therein, for the term 
 of on* Twr next pi«e«diiiff the time he shall offer himself for admission, unless legally 
 ezcvsM Iberefrom } or stamlT have paid a state lax within the year next preceding the time 
 be shall present himself, for such admission, and shall sustain a good moral character, 
 shall, OD his taking such oath a« may tie prescriiied by law, be an elector. Every voter 
 UUist also be able to read any section of the constitution of the state and of the United States. 
 
 New Yoax.— Everr male citizen aged twenty-one years, who shpll have been a citizen 
 ten days, and Is an inaabltaot of this sUle one year next preceding any election, and for the 
 
136 QUALIFICATION OP VOTERS IN EACH STATE. 
 
 last four months a resident of the county, and for thirty days of the district, from which tae 
 officer is to be chosen for whom he offers his vote, shall be entitled to vote. 
 
 Men of color, who are possessed of a freehold estate of the value of two hundred and fifty 
 dollars, and residents of the state three years, and for one year seized of said estate of two 
 hundred and fifty dollars over and above all debt and incumbrances charg^ed thereon, tmd 
 who shall have been actually .rated and paid a^ax thereon, are entitled to vote. 
 
 New Jersey. — Every white male citizen of the United States of the asfe of twenty-one 
 years, havin* been a resident of the state one year, .and of the county live months, next 
 Before the election, and who actually resides in the township where he claims his vote, 
 shall be entitled to vote (paupers, idiots, insane persons, and criminals, excepted). 
 
 Pennsylvania.— Every white freeman, being a citizen of the United States of the &ge of 
 twenty-two years, having resided in the slate one year, and in the election district where 
 he offers his vote ten days immediately preceding such election, and within two years paid 
 a state or county tax which has been assessed at Jeast ten days before the election, shall en- 
 joy the rights of an elector. Persons between the ages of twenty-one and twenty-two years 
 wuh residence as above, can vote without paying a tax. A previously-qualified voter in the 
 state, on returning, can vote after a residence of six months. 
 
 Delaware. — Every free white male citizen of the asre of twenty-two years or upward, 
 having resided in the state one year next before the election, and -the last month thereof in 
 the county where he offers to vote, and having, -within two years next "before the election, 
 paid a county tax, which shall have been assessed at least six -months "before the election, 
 shall enjoy the right of an elector; and every free white male citizen of die age of twenty- 
 one years and under the age of twenty-two years, having resided as aforesaid, shall be en- 
 titled to vote without payment of any tax. 
 
 Maryland.— Every free male person, being a citizen of the United States, above twenty- 
 one years of age, having resided in tlie 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 citizefi of the commonwealth of the age of twenty-one 
 years, who has been a resident of the state two years,. and of the county or town where he 
 offers to vote for twelve months next preceding an election, shall be qualified to vote. 
 
 North Carolina. — All freemen (persons of color excepted) of the age of twenty-one 
 years, who have been inhabitants of any one district within the state twelve months imme- 
 diately preceding the day of any election, and shall have paid public taxes, shall be entitled 
 to vote for members of the house of commons for the district iji which he resides, and for 
 the governor ; to vote for a member of the senate he must have in addition to the same qual- 
 ification 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-oue years (paupers ex- 
 cepted), being a citizen of this state, and having resided therein two years previous to the 
 day of election, and who hath a freeiiold of fifty acres of land, or a town lot, of which he 
 hath been legally seized, and possessed at least six months, before such election, or not hav- 
 ing such freehold or town lot, hath been a resident in the election district in which he offers 
 to give his vote six months before the said election, and hath paid a tax the preceding year 
 of three shillings sterling to the support of government, shall have a right to vote for members 
 of the legislature for the election district in which he holds such properly, or is resident. 
 
 Georgia. — An elector must be twenty-one years of age; a citizen 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 laws for the 
 year preceding the election. In all elections for governor or electors of president and vice- 
 president, the county residence is not required. 
 
 Florida.— Every free white male person of the age of twenty-one years, a citizen of the 
 United States, a resident of the state two years, and of the county in which he may offer his 
 vote six months, immediately preceding the election, and who snail be enrolledln the mili- 
 via of I he state (unless exempted from militia duty), is a qualified elector. 
 
 Alabama.— Every white male citizen of the age of twenty-one years, who shall be a citi- 
 zen of the United States, having resided in this state one year next preceding an election, 
 and the last three months in the city, county, or town, in which he offers to vote, shall be 
 deemed a qualified elector. 
 
 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 8tate one year next preceding the election, the 
 last six mouths thereof in the parish in which he offers to vote, has a rigrit to vote ; but no 
 person who fights a duel, acta as second, or fends 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 Uni- 
 ted 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 ofiiers to vote, shall be deemed a qualified voter, pro- 
 Tided that qualified voters shall be permitted to vote anywhere in the state for state officers. 
 
 Arkansas.— Every free white male citizen of the United Slates (except idiots, insane per- 
 sons, and persons convicted of infamous crimes), twenty-one years of age, a resident of the 
 state six months next sreceding tiie election, and of the county ia which be claims to vote. 
 J entitled to vote. 
 
 / 
 
QUALIFICATION OF VOTERS IN EACH STATE. 137 
 
 Teknessee.— Every free white man twenty-one years of age, a citizen of the United 
 States, and resident of the county wherein he offers his vote six months next preceding the 
 election, is entitled to vote. Also, all male persons of color of twenty-one years of ape, 
 who are competent witnesses in a court of justice ag^ainst a white man, are entitled to vote. 
 
 Kkntucky.— Every free white male citizen of the age of twenty-one years, having had a 
 residence in the state of two years, and in the county in which he offers to vote one year 
 next preceding the election, is entitled to the right of suffrage. 
 
 Ohio. — Every white male citizen of the United States of the ape of twenty-one years, who 
 sbiUl have been a resident of the state one year next preceding the election, and of the 
 county, township, or ward, in which he resides such lime as may be provided by law, shall 
 have the qualification of an elector, and be entitled to vote at all elections. 
 
 Michigan.— The right of suffrage is held by every white male citizen above the age of 
 twenty-one years ; every white niale citizen residing in the state on the 24th of .Tune, 1835; 
 every white male inhabitant residing in the state on the Ist of January, 1850, who has de- 
 clared his intention to become a citizen of the United States six months preceding an elec- 
 tion, or who has resided in the state two years and six months, and declared his intention 
 M 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 entilled to vote 
 at any election unless he has resided in the state three months, and in the township or ward 
 in which he offers to vote ten days next preceding such election. 
 
 Indiana.— Every white male citizen of the United States of the age of twenty-one years 
 and upward, who shall have resided in the state during tlie six months immediklely prece- 
 ding an election, and every white male, of foreign birth, of the age of twenty-one years 
 and upward, who shall have resided in the United States one j'ear, and in the state during 
 the six months next preceding such election, and shall have declared his intention to become 
 a citizen of the United States ,hall be entitled to vote in the town or precinct where he may 
 reside. 
 
 Illinois.— All white male citizens of the age of twenty-one years, having had a residence 
 in the state one year next preceding the election, can exercise the elective franchise. 
 
 MiMotnti.— Every free white male citizen of the United States of the aj^e of twenty-one 
 years, who shall have resided in the state one year before an elecfion, 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, msane persons, and per- 
 •ons convicted of an infamous crime, excepted), of the age of twenty-one years, a resident 
 of the state six months next preceding the election, and of the county in which he claims to 
 ▼ote twenty days, ts entitled to vote. 
 
 Wisconsin.— Every male citizen of the age of twenty-one years, resident in the state one 
 year next preceding an election, belonging to either of the following classes, is a qualified 
 elector; 1. White citizens of the United States. 2. White persons of foreign birth who 
 have declared their intentions to become citizens, conformably to the laws of the United 
 States on the subject of naturalization. 3. Persons of Indian blood who have once been 
 declared by the laws of Congress to be citizens of the United States. 4. Civilized persons 
 of Indian descent, not members of any tribe. 
 
 Minnesota.— All free white male inhabitants over the age of twenty-one years, who shall 
 haTe resided within this territory for six months next preceding an alection, shall be enti- 
 tled to vote; provided, that tliey 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 de- 
 clared on oath their intention to become such, and also to support the constitution of the 
 United States, and the territorial government of Minnesota. Ali persons of mixed white 
 or Indian blood who have adopted the customs and habits of civilization, are entitled to vote. 
 No insane person, or person who has been convicted of an infamous crime, unless restored 
 to civil rights, shall be permitted to vote. 
 
 Kansas.— Every white male citizen of the United StateS: and civilized male Indian, twenty- 
 one years of age, who shall have resided and had his home and place of permanent abode m 
 the state pIx inontliH. in the county thirty days, and in the district where he offers his vote 
 tendayt. i: i receding the election, shall be deemed a qualified elector. Tersons 
 
 engaging • r as principals or assistants, lose the righu of an elector. 
 
 New M > r y white male citizen of the United States, over twenty-one years of 
 
 age, who in;iii nave resided in the territory over one year, and in the county in which he 
 offers to vote for three months, shall be entitled to vote and be elected to office in any elec- 
 tion. No person prevented by the organic law of the territory, no officer or soldier in the 
 Untted States army, and no lierson included In the term " camp followers" of the United 
 States army, shall be entitled to vote or hold office in this territory. 
 
 Utah.— All free white male citizens of the age of eu/hfeen years shall be considered 
 leiral voters. Military officers or soldiers in the United States service, stationed within the 
 territory, are excepted. 
 
 Orrcom — All white male inhahttants over the age of twenty-one years, who shall have 
 leetded within this territory fnr six month.) next prorPfllm' an fi<»rtion. kIkiII be entitled to 
 vote (M'veUfd, that then '' ' '• • 'ive declared their 
 
 l a lil i i faii , OB oatta, to b<" territory, and (if- 
 
 teen daijs la tbe eoanty <>r election. Per- 
 
 ■ool tMoe or conrictf'i ts of the United 
 
 Siatea amy, tntleas tbey were rcMuicuu of the ici riiot v ui lLo liiuu of their enlistment. 
 
 12* 
 
138 PATENT LAWS AND REGUIA TIONS. 
 
 PATENT LAWS AND REGULATIONS. 
 
 The laws now in force relative to patents are those approved July 4 18»6. 
 March 3, 1837, March 3, 1839, August 29, 1842, May 27, 1848, and March 3, 1849. 
 Tlie forms resting upon these are fixed, and can not, of course, be varied without 
 the intei-vention of Congress ; but rules, having their origin in the commissioner, 
 can be revised or modified at his discretion. 
 
 For what PafeJits may he grunted. — By the act of 1836, section 6, patents 
 were granted for any new and useful art, machine, manufacture, or compositioa 
 of matter, or any new and useful improvement on any art, machine, manufacture, 
 or composition of matter, not known or used by others before the applicant's dis- 
 covery or iuveulion thereof, and not, at the time of his application for a patent, in 
 public use, or on sale, with his consent or allowance, as the inventor or discov- 
 erer ; but, by the act of the 3d of March, 1839, no patent is held to be invalid by 
 reason of the purchase, sale, or use of the invention, prior to the application for a 
 patent, except on proof of abandonment of such invention to the public, or that 
 such purchase, sale, or public use, has been for more than two years prior to such 
 application for a patent. 
 
 By the third section of the act of 1842, patents are also granted fornew and 
 original designs : — 
 
 i. For a mniiufiictare, whether of metal or other material. 
 
 2. For the printing of woollen, silk, cotton, or other fabrics. 
 
 3. For busts, statues, or bas-reliefs, or composition in alto or basso relievo. 
 
 4. For any imprt^ssion or ornament (whether complete in itself, or) to be placed 
 on any article of manufacture in marble or other material. 
 
 5. For any new and original pattern, or print, or picture, to be either worked 
 into or worked on, or panted or painted, or cast or otherwise fixed on, any article 
 of manufacture. 
 
 6. For any new shape or configuration of any article of manufacture. 
 All sucli designs not being previously known or u.sed by others. 
 
 2'o tchom Pfiteuts may be granted. — Patents are granted to citizens of the 
 United Stales ; to aliens who shall have been resident in tlie United States one 
 year next preceding, and shall have made oath of their intention to become citi- 
 zens thereof; to one or more assignees of entire patent-rights ; to administrators 
 and executors, and to foreign inventors or discoverers : but the law makes no 
 piovisiou for granting to the latter patents for new and original designs. 
 
 In case of the decease of an inventor before he has obtained a patent for his 
 invention, ♦'the right of applying for and obtaining such patent shall devolve on 
 tlxi administrator or executor of such person, in trust for the heirs-at-law of the 
 dvicease-l, if he shall have died intestate ; but if otherwise, then in trust for his 
 devisees, in as full and ample manner, and under the same conditions, limitations- 
 and restrictions, as the same was held, or might have been claimed or enjoyed, 
 by such person in his or her lifetime ; and when application for a patent shall be 
 made by such legal representatives, the oath or affirmation shall be so varied as 
 to be applicable to them." Joint inventors are entitled to a joint patent, but nei- 
 ther can claim one separately. 
 
 * What will prevent the granting of a Patent.—'Eyen althougli the applicant has in e-ood 
 faith actually made an invention, a patent liierefor will not be granted him if the whole or 
 any part of wluit he claims as new had before l)een patented or described in any printed 
 publication in this or any foreign country, or even if it b.ad before been invented or discov- 
 ered in this country, or if he has once abandoned his invention to the public ; or if, with his 
 consent and allowrance, it has been for more than two years in public use or on sale. The 
 mere fact of prior invention or discovery abroad will not prevent the issue of the patent, 
 unless the invention had been there patented or described in some printed publication. 
 Merely conceiving; the idea of an improvement or machine in this country, is not such aq 
 "invention" or ♦•discovery" as is above contemplated. The invention muat have been re- 
 
PATENT LAWS AND REGULATIONS. 139 
 
 Mode of Proceeding to obtain a Patent. — The application must be made by 
 the actaal inventor, if alive, even allhoaph the patent is to issue tolhe assignee ; 
 bat where the inventor is dead, the application and oath may be made by the 
 executor or administrator. 
 
 The application must be in writing, signed by the applicant, and addressed to 
 the commissioner of patents. 
 
 The following is the usual form, to be varied according to circumstances :— 
 
 No. 120.— Form of Petition. 
 
 To the Commissioner of Patents: 
 The petition of John Fitch, oi Philadelphia, in the county oi Philadelphia, and 
 State oi Pennsylvania — 
 Rbspectfullt rrpresents, That your petitioner has invented a new and 
 improved mode of preventing steam-boilers from bursting; which he verily be- 
 lieves has not been known or used prior to the invention thereof by your peti- 
 tioner. He therefore prays that letters-patent of the United States mny be 
 granted to him therefor, vesting in him and his legal representatives the exclusive 
 right to the same, upon the terms and condition expressed in the act of Congress 
 in that case made and provided: he havinsr paid thirty dollars into the treasury, 
 and complied with the other provisions of the said acL 
 
 JOHN FITCH. 
 
 The applicant most set forth in his specification the precise invention for which 
 he claims a patent. 
 
 If claimed as a mere improvement on another invention, that fact should bo 
 clearly stated ; and if claimed as substantially differing from another invention 
 with which it aj»f»ear3 to be coincident, the ditlerence must be clearly pointed out. 
 
 Two or more separate machines will not be allowed to be the subject of one 
 patent, whatever be the purpose for which they are used. This is intended to 
 change the practice of the office in those respcrts wherein in certain cases all 
 the machine* used in the manufacture of one article are allowed to be claimed in 
 one application. 
 
 The Bjjecificntion must be signed by the inventor (or by his executor or admin- 
 istrator if tlie inventor be dead;, and attested by two witnesses. It should de- 
 scribe the sections of the drawings (where there are drawings), and refer by let- 
 ters and figures to the different parts. The I'ollowing is the form adopted by the 
 office : — 
 
 No. 121.— Form of Specification. 
 
 To ALL WHOM IT MAY CONCERN: Be it know that I.John Fitch, of PAf/- 
 adflphi", in the .state of /'en '//ly/fa/rw, have invented a new and improved mode 
 aX preventing steumboilers from bursting ; and I do hereby declare that the fol- 
 lowinjT is a full and exact description thereof, reference being had to the accom- 
 panying drawings, and to the letters of reference marked thereon. 
 
 The nature of ray invention consists in providing the upper part of a stcam- 
 bofler with an aperture in addition to that for the safety-valve; which aperture is 
 to be closed by a plug or disk oi alloy, which will fuse at any given degree of heat, 
 and permit the steam to escape, should the safety-valve fail to perform its func- 
 tiotis. 
 
 To enable others skilled in the art to make and use my invention, I will pro- 
 ceed to describe its construction and operation. I construct my steam-boiler in 
 any of the known forms, and apply thereto gauge-cocks, a safety-valve, and the 
 othtr apiiendflires of such Iwilers ; hut. in order to obviate the danger arising from 
 thi» adhc«ion of the wfety-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, 
 
 dae«d to a practical form, either by t! ij of the machine itaelf, or of a model 
 
 tberrof, or nt leatt by mtthing ii full'!- 'fDro It will prevent a aiibsequent in- 
 
 ventor from obtaining a pat'-nt. (8h. ■ ieath, and Perry v*. ComeU, decided by 
 
 Judge Craoeb oa aa appeal from iho c . _-r.) 
 
140 PATENT LAWS AND KEGULATIONS. 
 
 in the accompanying drawing ; and in this opening I insert a plag or disk of fusi- 
 ble alloy, securing it in its place by a metal ring and screws, or otherwise. This 
 fusible metal 1, in general, compose of a mixture of lead, tin, and bismuth, in 
 Buch 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 
 pressurfe the boiler is intended to sustain. 
 
 I surround the opening containing the fusible alloy by a tube, B, intended to 
 conduct off any steam which may be discharged therefrom. When the tempera- 
 ture of the steam in such a boiler rises to its assigned limit, the fusible alloy will 
 melt, and allow the steam to escape freely, thereby securing it from all danger of 
 explosion. ^ 
 
 What I claim as my invention, and desire to secure by letters-patent, is the 
 application to steam-boilers of a fusible alloy, which will melt at a given tempera- 
 ture, and allow the steam to escape, as herein described, using for that purpose 
 the aforesaid metallic compound, or any other substantially the same, and which 
 wvll produce the intended effect. JOHN FITCH. 
 
 WitnessPS ^ ROBERT FULTON, 
 
 Witnesses, J q^.^^^ T^vi^tia. 
 
 When the application is for a machine, the specification should commence 
 thus : — 
 
 Be it known that T, John Fitch, of Philadelphia, in the county of Philadel- 
 phia, and state of Pennsylvania, have invented a new and useful machine for 
 [stating the use and title of the machine ; and if the application is for an 
 improvement, it should read thus : a new and useful improvement on a, or, on 
 the, machine, &c.], and I do hereby declare that the following is a full, clear, 
 and exact description of the construction and operation of the same; reference 
 being had to the annexed drawings, making a part of this specification, in which 
 figure 1 is a perspective view ; figure 2 a longitudinal elevation ; figure 3 a trans- 
 verse section, &c. ; [thus describing all the sections of the drawings, and then 
 referring to the parts by letters. Then follows the description of the construction 
 and operation of the machine; and lastly the claim, which should express the 
 nature and character of the invention, and identify the parts claimed separately 
 or in combination. If the specification is for an improvement, the original inven- 
 tion should be disclaimed, and the claim confined to the improvement] 
 
 The applicant must then make oath or affirmation, which must be substantially 
 as follows : — 
 
 No. 122 —Form of Oath. 
 
 City and County ot Philadelphia, > 
 St&te of Pennsi/lvania, y' 
 
 On this ^rs^ day of December, 1855, before me, the subscriber, a justice of the 
 peace, personally appeared the within named John Fitch, and made solemn 
 oath (or affirmation) that he verily believes himself to be the original and first in- 
 ventor of the mode herein described for preventing steam-boilers from bursting; 
 and that he does not know or believe the same was ever before known or used ; 
 and that he is a citizen of the United States. 
 
 (Signed) JOHN SMITR, Justice of the Peace. 
 
 In the case of an alien who has taken the requisite steps to become uataraN 
 ized, the following form should be adopted : — 
 
 City and County of Philadelphia. ? 
 State of Pennsylvania, j **' 
 
 On t\x\fi first day of December, 1855, before me, the subscriber, a justice of the 
 peace, personally appeared the within named John Fitch, and made solemn 
 oath (or affirmation) that he verily believes himself to be the original and first in- 
 ventor of the mode herein described for preventing steam-boilers from bursting , 
 and that he does not know or believe the same was ever before known or used ; 
 and that he is a native of the kingdom of Great Britain ; that he has resided withio 
 
PATENT LAWS AND REGULATIONS. 14J 
 
 die United States for the whole of the past year, and has talsen the oath prescribed 
 by law for becoming naturalized in this country. 
 
 (Signed) JOHN SMITH, Justice of the Peace. 
 
 If the applicant is an alien not residing in the United States, or if he has not 
 taken the requisite steps to become naturalized, the oath must be modified ac- 
 cordingly. The oath may be taken before any person authorized by law to ad- 
 minister oaths. When the oatli is taken in a foreien country, the oath may be 
 taken before any minister plenipotentiary-, charg6 d'affaires, consul, or commercial 
 agent, holding commission under the government of the United States, or before 
 any n<itarj- public of the country in which the oath is taken, being attested in all 
 cases by the proper seal 
 
 The drawings required by law should generally be in perspective. Snch parts 
 as can not be sliown in perspective must, if described, be represented in plans, 
 nections, or d''tai!s Duplicate drawings should be sent to the office in the finst 
 instance. They should be neatly executed on sheets separate from the other papers 
 from eighteen to nineteen inches from top to bottom, and not less than thirteen 
 across, nor more than twenty -five, unless more space is necessary to exhibit the 
 device or machine with clearness. One of these drawings, which is to be kept in 
 the office for reference, should be on stiii' drawing-paper. The other, which is to be 
 attached to the patent, should have a margin of one inch at least for that purpose on 
 the right-hand side, and should be on some material that will bear folding and 
 trans|iortation. Each part should be distinguished by the same number or letter, 
 wherever that part is delineated in the drawings, and should be referred to in the 
 specification by such letter or number These drawings should be signed by the 
 applicant, and attested by two witnesses. 
 
 The model must be neatly and substantially made of durable material, and not 
 more tlian one foot in lengtli or height, except when a larger model is permitted 
 by special reasons to be shown by the applicant. Models filed as exhibits, in 
 interference and other cases, should also, as far as practicable, conform to this rule 
 as to size. Should they exceed this limit, they will not be preserved in the office 
 after the termination of the case to which they belong. If made of pine or other 
 soft wood, they should be painted, stained, or varnished. A working model is 
 always desirable, in order to enable the office fully and readily to understand the 
 precise operHtion of the machine. The name of the inventor, and also of the aa- 
 aignee (if assifrned), must be fixed upon it in a permanent manner. 
 
 When the invention is of a composition of matter, a specimen of the ingredients 
 and of the composition, must accompany the application, and the name of the in- 
 venU)r. and assignee (if there be one], must be permanently affixed tlbereto. 
 
 Modeln or specimens forwarded without a name are liable to be lost or mislaid, 
 aa they ran not be entered upon the record. "* 
 
 No application can be examined, nor can the case be placed upon the files for 
 •xamiiitiliun, until the fee is paid, the model or specimen deposited, and the spe- 
 
 ci!;-- '• ■•••it the petition, oath, and drawings (when required), filed. 
 
 u' persons are appointed agents to receive and forward to this office 
 w .1 na, and manuluctures, in accordance with the tenth section of the 
 
 act <.t 1 ".iJ : The collector of the port of Portsmouth, N. H. ; of Portland. Me. ; 
 of BurlinKton. Vt. ; of Providence, R. 1.; of Boston, Mass.; of Hartford, Conn.; 
 of New York, N. Y. : of Philadelphia, Penn. ; of Baltimore, Md.; of Richmond, 
 Va.: of Savannah, Ga. : of New Orleans, La. ; of Detroit, Mich. ; of Buffalo, 
 N. Y. ; of Cleveland, Ohio ; the Burveyor at 8t Louis, Mo. ; at Chicago, III. ; at 
 Cincinnati, Ohio : at Louisville. Ky. ; F. L. Roux, Charleston, 8. C. ; and Wil- 
 liam Bakewell, Pittsburg, Penn. 
 
 The cost of trans [lortation will in no case be defrayed by the office, unless the 
 DMMkfi is sent through one of the above-named agenta, or unless sent through the 
 cheapest ordinary channel of transportation; nor will it be defrayed in cases 
 where lar«er mofk-ls (••ithcr in af>i)lii;Rtion or as exhibits) are sent than can be 
 accepted and preserved under llic rule before given. 
 
 fffthf Examination. — All cases in the pntent-offlce are arranged in classes, 
 which are taken up for examination in regular rotation. 
 
142 PATENT LAWS AND REGULATIONS. 
 
 Those in the same class are examined and disposed of, as far as practicable, 
 in the order in which the respective applications are completed. When, how- 
 ever, the applicant has a foreign patent for his invention, or when such invention 
 is deemed of peculiar importance to some branch of the public service, and when, 
 for that reason, the head of some department of the government specially requests 
 immediate action, the case will be taken up out of its order. These, with appli- 
 cations for additional improvements and reissues, are the only exceptions to the 
 rule above stated in relation to the order of examination. 
 
 A epecification can not be amended in any material part unless there is some- 
 thing to amend by — that is to say, it can only be so amended to cause it to correspond 
 with the drawing or model. A similar rule is enforced in regard to amendments 
 of the drawing or model. And where any substantial change is made by de- 
 scribing or representing in the specification a new invention, not included as a 
 portion of that ori,!?inally described in the specification, a second affidavit must be 
 made to the specification as amended, and the signature of witnesses will also be 
 required anew. When the change thus made is very considerable, the case may 
 be placed at the foot of the list, to await its turn anew in the order of examina- 
 tion. 
 
 After a case has been examined and the claim allowed, no alteration will be 
 permitted in the character of the invention without a withdrawal of the case and 
 the filing of a new application, or (if the patent be granted) an application for a 
 reissue, or for an additional improvement, as the case may require. 
 
 The personal attendance of the applicant at the patent-office is unnecessary. 
 The business can be done by correspondence or by attorney. All correspondence 
 must be addressed to the commissioner. When an application has been finally 
 decided, the office will retain the original papers, furnishing the applicant copies — 
 if he desires them — at the usual expense. If the patent is granted, it will be 
 transmitted to the patentee, or to his agent in case he has a full power of attor- 
 ney authorizing him to receive it. 
 
 Of Witkdroioals. — If, when an application is rejected, the applicant relin- 
 quishes his claim, he must notify the commissioner of the fact of such withdrawal, 
 sending at the same time his receipt for two thirds of the fee paid by him, which 
 will be thereupon returned. The model and papers will be retained by the office. 
 The applicant may. however, have the duplicate drawing if he desires it. The 
 applicant in such cases, will be entitled to receive back from the office two thirds 
 of the fee paid by him at the time of making his application. But this right of 
 withdrawal does not extend to applications for a design or for a reissue or addi- 
 tional improvement. In withdrawing an application, the following forms may be 
 followed : — 
 
 To the Commissioner of Patents : 
 
 Sir: I hereby withdraw my application for a patent for improvements in the 
 cotton-gin, now in your office, and request that twenty dollars may be returned 
 to me, agreeably to the provision of the act of Congress authorizing such with- 
 drawal. ELI WHITNEY. 
 
 Cabotville, Mass., February, 16, 1856. 
 
 Received of the treasurer of the United States, per Charles Mason, commis- 
 sioner of patents, twenty dollars, being the amount refunded on withdrawing my 
 application for a patent for improvements in the colton-gin. 
 
 ELI WHITNEY. 
 
 Cabotville, Mass., February 16, 1856. 
 
 Particular instructions should be given by the person withdrawing money from 
 the office as to the manner in which the money shall be paid — whether to his 
 order at this office, or remitted by mail. 
 
 When cavcatd have been filed, withdrawals can be made the same as in other 
 cases ; but no part of the fee will be returned to the applicant until after he has 
 completed his application by filing his specification and model. 
 
PATENT LAWS AND REGULATIONS. 143 
 
 Retaining Patents in ike Secret Archives.— No application npon whicli a pn^ 
 ent hta been ortlen^ to issue shall be retained in the eecret arcliives of the office, 
 more than six months from the day on which the patent vvas ordered to issue. 
 Tlie reqnesl to have the application placed in the secret archives must in all coses 
 be made by the patentee, or the assienee of all the interest therein, in writing, 
 and filed with the chief clerk, before the patent shall be recorded. 
 
 Of Appeals.— Aher a case has been once rejected, the applicant may have a 
 second examination, by renewing his oath, either with or without an alteration of 
 his specification. Bat such alteration must be in accordance with the instnictions 
 under the head of Examinations. After thus applying for a second examination, 
 no withdrawal will be allowed. 
 
 After a second rt-jeclion, the applicant may bring the case before the commis- 
 sioner in person, and if still dissatisfied, may appeal to one of the judges of the cir- 
 cuit court of the District of Columbia. (See " Kules for Reconsiderations," p. 146.) 
 
 The mode of appeals is by giving notice thereof to the commissioner; filing in 
 the patent-ofHce, within such times as the commissioner shall appoint, his rea- 
 sons of appeal ; and paying to him the sum of twenty-five dollars. Blanks for the 
 notice of appeal, the reasons of appeal, the petition, and copies of the appellate 
 judge's rules, will be forwarded on a request addressed to the commissioner of 
 patents. 
 
 Of Int^ferences. — When each of two or more persons claims to be the first in- 
 ventor of the same thing, an "interference" is declared between them, and a 
 trial is had before the commisfiioner. Nor does the fact that one of the parties has 
 •Iready obtained a patent prevent such an interference ; for although the com- 
 naissioner has no power to cancel a patent already issued, he may, if be finds that 
 ODotiicr person was the prior inventor, give him also a patent, and thus place them 
 on an equal footing before the courts and the public. 
 
 Upon the declaration of an interference, a day will be fixed for closing the tes- 
 timony, and a further day fixed for the hearing of the cause. Previous to this lat- 
 ter day, the arguments of counsel must be filed, if at all. 
 
 If either party wishes a postponement of either the day for closing the testi- 
 mony or the day of liearing, he must, before the day he thus seeks to postpone is 
 past, show by afSdavit a suflBcient reason for such postponement. 
 
 Of Reissues, and additional Improvements. — A reissue is granted to the ori 
 ginal patentee, his heirs or assigns, when bv reason of an insufficient or defective 
 specification the patent is invalid, provided the error has arisen from inadvertency, 
 accident, or mistake, without any fraudulent or deceptive intention. 
 
 The general rule is, that whatever is really embraced in the original invention, 
 tod so described or shown that it might have been embraced in the original pat- 
 ent, may be the subject of a reissue. 
 
 A modification of a patent so as to include an additional improvement is allowed 
 in favor of the original patentee only, and may embrace any improvement mado 
 by ' ■ ' •irrit to tilt isttving of the patent, but none other. 
 
 i <• above cases the modified patent expires at the same time as the 
 
 or Auuld have done. For this reason such applications will be acted 
 
 U) t.T they are completed. 
 
 . granted, the applicant may, at his option, have separate 
 pD'- . . ■ several diMinct psirts of the thing patented, by paying the 
 
 ret^uixile uddiiiunul fees, and complying with the other requirements of the law 
 M in original applications. 
 
 In all cases of applications for reissues, and for additional improvements, the 
 orif^inal claim is subject to reexamination, and may be revised and restricted in 
 tb«« BJin)*' mnnner as in original applications. 
 
 '■ ' ' -<H, after the action of the patent-oflice has been made known 
 
 t'l prefers the patent originally f/rnntr-d to that which will bo 
 
 B' ion of the office, ho has the privilege of abandoning it, and 
 
 r« ' 1 patent. 
 
 t,' are appropriate forms of application for reissues and for addi- 
 ti' , iiicnlB: — 
 
144 PATENT LAWS AND REGULATIONS. 
 
 No. 123.— Form of Surrender of a Patent for Reissue 
 
 To the Commissioner of Patents: 
 The petition of Samuel Mo ret, oi Philadelphia, in the county oi Philadelphia 
 and State of Pennsylvania — 
 
 Rkspectfully represents, That he did obtain letters-patent of the United 
 States for an improvement in the boilers nf steamrengines, which letters-patent are da- 
 ted on the^rs^ day oi March, 1852 ; that he now believes that the same is inopera- 
 tive and invalid by reason of a defective specification, which defect has arisen 
 from inadvertence and mistake. He therefore prays that he may be allowed to 
 surrender the same, and requests that new letters-patent may issue to him, for 
 the same invention, for the residue of the period for which the original patent was 
 granted, and the amended specification herewith presented, behaving paid fifteen 
 dollars into the treasury of the United States, agreeably to the requirements of 
 the act of Congress in that case made and provided. 
 
 SAMUEL MOREY. 
 
 Form of Oath to he appended to Applications for Reissue. 
 
 City and County of Philadelphia, ) 
 State of Pennsylvania, ) ' 
 
 On this first day of December, 1855, before the subscriber, a justice of the peace, 
 personally appeared the above-named Samuel Morey, and made solemn oath 
 (or affirmation) that he verily believes that, by reason of an insuflScient or defec- 
 tive specification, his aforesaid patent is not fully valid and available to him; and 
 that the said error has arisen from inadvertency, accident, or mistake, and without 
 any fraudulent or deceptive intention, to the best of his knowledge or belief 
 
 JOHN SMITH. 
 
 No. 124.— Form for Addition of New Improvements. 
 
 To the Commissioner of Patents: 
 
 The petition of James Rumsey, of the County of Berkeley, and State of Vit ' 
 ginia — 
 
 Respectfully represents: That your petitioner did obtain letters-patent 
 of the United States for an improvement in the boilers of steam-engines, which 
 letters-patent are dated on the^rs^ day of March, 1852 ; that he has since that 
 date mado certain improvements on his said invention ; and that he is desirous 
 of adding the subjoined description of his said improvements to his original letters- 
 patent, agreeably to the provisions of the act of Congress in that case made and 
 provided, he having paid fifteen dollars into the treasury of the United States, and 
 otherwise complied with the requirements of the said act. 
 
 JAMES RUMSEY. 
 
 A specification and claim should then follow substantially as in case of an ori- 
 ginal application. The oath must also be the same, except that he need not 
 swear to citizenship, but instead thereof should state as follows : "And that said 
 new improvement was made by him subsequently to the date of his aforesaid 
 patent." 
 
 Of Disclaimers. — Where, by inadvertence, accident, or mistake, the original 
 patent is too broad, a disclaimer may be filed, either by the original patentee or 
 by any of his a.ssignees. 
 
 By the English law, as well as the act of 1836. if the patent were too broad, it 
 was wholly invalid. The case is now different here, but still the necessity of a 
 disclaimer is manifest (See act of 1837.) The following is a safficient form for a 
 disclaimer ; — 
 
FATENT LAWS AND REGULATIONS. 145 
 
 No. 125— Form of Disclaimer. 
 
 To the Commissioner of Patents : 
 The petitjon of Sebastian Cabot, of CabotxviUe, in the county oi Hampden, and 
 State of Massachusetts — 
 RK9PJCCTFULI.Y RKPRESKNTS : That hc has, by assignment, duly recorded in 
 the patent-office, become the owner of a right for the several states oi Massachn- 
 icds, Coufiecticnt, and Rhode Island, to certain impruvemenls in the steam- 
 ensrine, for which letters-patent of the United States were pranied to John Doe, 
 o( Boston, in the state of Massachusetts, dated on the Jirsi day o( March, 1852 : 
 that lie hap reason to believe that, through inadvertence and mistake, the claim 
 made in the specification of said letters-patent is too broad, including that of 
 Nvliich the said patentee was not the first inventor. Your petitioner, therefore, 
 hereby enters his disclaimer to that part of the claim in the aforenamed specifi- 
 cation which is in the following words, to wit : [" I also claim the particular man- 
 ner in which the piston of the above-described engine is constructed, so as to insure 
 the close fitting of the packing thereof to the cylinder, as set forth'] : which dis- 
 claimer is to operate to the extent of the interest in said letters-patent vested in 
 your petitioner, who has paid ten dollars into the treasury of the United States, 
 acreeably to the requinementa of the acts of Congress in that case made and pro- 
 vided. SEBASTIAN CABOT. 
 
 When the disclaimer is made by the original patentee, it must of course, be so 
 worded as to express that fact. 
 
 Of Extensions. — The power of extending a patent for seven years from the 
 day'on which it would expire, is now vested in the commissioner of patents. 
 
 i'o justify the office in thus extending a patent, the two following questions 
 must be first decided in the affirmative: 1st. Was the invention new and pat- 
 entable when originally patented ? 2d. Has the patentee, without neglect 
 or fault on his part, failed to obtain from the use and sale of his invention a rea- 
 sonable remuneration for the time, ingenuity, and expense, bestowed upon his in- 
 vention, and the introduction thereof into use? 
 
 The applicant for an extension should file his petition and pay in the requisite 
 fee at least three months prior to the expiration of his patent, to give time for the 
 sixty days' notice required to be given, and to allow a sufficient time to the com- 
 missioner to examine the case fully after the expiration of those sixty days, and 
 previoufl to the day on which the patent is to expire. Tliere is no power in the 
 patent-office to renew a patent after it has otice expired. 
 
 The applicant for an extension must furnish to the office a statement in writing, 
 und^r oath, of the ascertainod value of the invention, and of his receipts and ex- 
 penditun-s. The statement should be made particular and in detail, unless sofE- 
 ciont reason is set forth why such a statement can not be furnished. This state- 
 ment must be filed within thirty days after filing his petition, as contemplated in 
 the [(receding »»ction 
 
 Any j>crson opposing the extension of a patent must file his reasons in the pat- 
 ent office at least twenty days before the day of hearing, as set forth in the noti- 
 fea published. He may also, at any time after the application for an extension 
 ha* been made, give notice to the applicant of his intention toopiwse the said ex- 
 tension. Aflcr this notice he will f)e regarded as a party in the case, and be enti- 
 tled to notion of the tim« and place of taking testimony, as well as to a list of the 
 names a I:' ' '' a itnesses whose testimony may have been previously 
 
 taken. '.tj the extension will be entitled to a copy of the appli- 
 
 cntinn, r: —, on file, upon paying the costs of copj'ing. 
 
 I V will be rpcoived, unless by consent, which has 
 
 I" V t after the filing of the petition for th« extension, 
 
 r an extension will fix a <lny for the closing of 
 ih"' io(*tiaioiiy, and also a day fur the hearing. The depositions and other papers 
 rolled upon as trstimnny must be filed in tlie office on or before the morning of 
 th" (l«y next aficr lljBt fixed for ciohing ihe tesliraouy; and the arguments flf 
 
 13 
 
146 PATENT LAWS AND REUULATICNS. 
 
 any) must be filed within ten days thereafter, nnless some other time be fixed by 
 the ofBce. 
 
 Applications for a postponement of the hearing must be made and supported 
 nocording to the same rules as are to be observed in the case of interferences. 
 J^ut they will not be granted in such a manner as to cause a risk of preventing a 
 decision in season. 
 
 Of Designs. — In making an application to patent a design, the same course is 
 to be pursued as in case of an application for patenting a machine. 
 
 No patent for a design can be obtained by an alien unless be has resided one 
 year within the United States, and taken an oath of his intention to become a citi- 
 zen thereof. 
 
 The following, or other equivalent forms, are proper to be observed in applica- 
 tions of this nature ; — 
 
 No. 126.— Form of Application for Patents for Designs. 
 
 To the Commissioner of Patents: 
 The petition of Benjamin West, of the city and county of Philadelphia, a.nd State 
 of Pennsylvania — 
 Respectfully represents: That your petitioner has invented or produced 
 
 fa new and original design for a composition in alto-relievo'], which he verily be- 
 ieves has not been known prior to the production thereof by your petitioner' He 
 therefore prays that letters-patent of the United States may he granted to him 
 therefor, vesting in him and his legal representatives the exclusive right to the 
 Hame, upon the terms and conditionaexpressed in the act of Congress in that caso 
 made and provided ; he having paid filteen dollars into the treasury, and com- 
 plied with the other provisions of the said act 
 
 BENJAMIN WEST. 
 
 No. 127.— Form of Specification. 
 
 To ALL WHOM IT MAY CONCERN: Be it know that I. Benjamin West, of 
 the c\ty of Philadelphia, in the county of Philadelphia, and state of Pennsylva- 
 nia, have invented or produced a new and original design for a composition in 
 alto-relievo, and I do hereby declare that the following is a full and exact descrip- 
 tion of the same : — 
 
 [Here follows a description of the design, with reference lo the specimen or 
 drawing, the specification to conclude with declaring what the inventor claims, 
 in tenns characteristic of the design, &c.] 
 
 BENJAMIN WEST. 
 Wkbster. 
 
 >fATHANlEL BOWDITCH. 
 
 Witnesses, | g-", 
 
 No. 128.— Form of Oatli. 
 
 City and County of Philadelphia. ? 
 
 State of Pennsylvania, \ ' , 
 
 On this tenth day of November, 1855, before the subscriber, a justice of the 
 peace, personally appeared the within-named Benjamin West, and made sol- 
 emn oath (or affirmation, as the caso may be) that he verily believes himself to 
 be the original and first inventor or producer of the design for a composition in 
 alto-relievo, and that he does not know or believe the same was ever before 
 known or used ; and that be is a citizen of the United States. 
 
 JOHN SMITH. 
 
 Of Foreign Patents.— The taking out of a patent in a foreign country does not 
 prejudice a patent previously obtained here ; nor does it prevent obtaining a pat- 
 ent here subsequently. 
 
 When the patent is applied for hero, after being obtained abroad, it will ex- 
 tend only fourteen years from the date of the foreign patent. For this reason such 
 
PATENT LAWS AND REGULATIONS. 147 
 
 caFPH will be acted upon out of their order, and as soon as the application is com- 
 pleted. 
 
 Where an applicant seeks to make hia a prefeiTed case, in consequence of bis 
 haviiiLT obtained a foreign patent, he should (temporarily) file in the office the pat- 
 ent so obtained, with the specifications (provisional or complete) attached, or a 
 Fworn copy of those. But where such papers or copies can not be conveniently 
 furnished, it will be sufficient if the reason of such inability be set forth by affida- 
 vit, and aJso the fact that a foreign patent has actually been obtained, giving its 
 date, and showing clearly that the invention so patented covers the whole ground 
 of his present application. 
 
 Of Patents obtained by Aliens. — Tf an alien neglects to put his invention on 
 public sale within eighteen months after the patent is granted, and to continue it 
 ou sale to the public on reasonable terms, his patent will cease to protect him. 
 
 Of Caveats. — Any citizen, or an alien who has resided for one year last past 
 in the United States, and has made oath of hia intention to become a citizen 
 thereof, can file a caveat in the secret archives of the patent-office. And if at any 
 time within one year thereafter another person applies for a patent for the same in- 
 vention, the caveator will be entitled to notice, to complete his specification, and to 
 go into interference with the applicant for the purpose of proving priority of in- 
 vention, and obtaining a patent if that fact be proved. 
 
 The caveator will not be entitled to notice of any application pending at the 
 time of filing his caveat, nor of any application filed after the expiration of one year 
 from the date of filing the caveat But he may renew his caveat at the end of 
 one year by paying a second caveat fee, which will continue it in full force for one 
 year longer, and so on from year to year as long as the caveator desires. 
 
 No caveat can be filed in the secret archives of thf ./dice unless accompanied 
 by an oath of the cdveator that he is a citizen of the United States, or that he is 
 aM alien and has resided for one year last past within the United States, and has 
 ma<le oath of his intention to become a citizen thereof; nor unless the applicant 
 also stales, under oath, that he believes himself the original inventor of the art, 
 machine, or improvement, set forth in his caveat. • 
 
 A caveat need not contain as particular a description of the invention as is re- 
 quisite in a specification ; but still the description should be sufficiently precise to 
 enable the office to judge whether there is a probable interference when a sub- 
 sequent application is filed. 
 
 Caveat papers can not bo withdrawn from the office nor undergo alteration 
 after they have once been filed ; but additional papers relative to the invention 
 may bo appended to the caveat (the'r date being noted), provided they are merely 
 eraendatory of the original caveat. 
 
 Jn the case of filing papers supplementary to an original caveat, the right to no- 
 tice in regard to the subject of those papers expires with the caveat; and any 
 additionaJ papers not relating to the invention first cavcated will receive no no- 
 tice. The caveator, or any other jierson properly aathorizcd by him, can at any 
 lime obtain copies of the caveat papers at the usual rates. 
 
 It is desirable that the caveat should be accomi)anied by drawings or sketches, 
 and even by a model if convenient. The following will give a general idea of 
 the proper form of a caveat": — 
 
 Ko. 129— Form of Caveat. 
 
 To the CommJMioner of Patents : 
 The petitbn of Sebculian Cabot, of Cabotsville, in the county of Ilampdcn, and 
 State of MassachusettK — 
 '• , i •. rs: That ho has made certain improvements in the 
 
 '■i,f<)r tlcamenpinen, and that ho is now rngnged 
 • purpose of perfecting th(< snmf, iirrpnratory to bin 
 applyin.,' (or Ltlcr^patcnls llnircfor. He therefore prays that the subjoined de- 
 scription of his invention may be filed as a caveat in the coofidcntinl archives of 
 the patent-oDice, agreeably to the pruviRJons of the act of CougivR'! i" th:it r,n:» 
 
148 PATENT LAWS AND REGULATIONS. 
 
 made and provided ; he haviner paid twenty dollars into the treasury of the Uni- 
 ted States, and otherwise complied with the requirements of the said act. 
 
 SEBASTIAN CABOT. 
 Cabotville, Marck 1, 1855. 
 
 Here should follow a description of the general principles of the invention, so 
 
 far as it has been completed. 
 
 Penalties for certain Acts. — Patentees or their assignees are required to aflSx 
 the date of the patent on each article vended or olFered for sale, under a penalty 
 of not less than one hundred dollars. 
 
 Stamping or affixing the name of any patentee on any article without authority 
 to do so, or affixing the word " patent" or "letters-patent," or the stamp, mark, or 
 device, of any patentee on any unpatented article, is forbidden under a Uke 
 penalty. 
 
 Of the Repayment of Money.— rMoney paid by actual mistake will be refunded, 
 but a mere change of purpose after the payment of money will not enable the 
 person to obtain hie money and withdraw his papers. 
 
 Of Assigmnents. — An inventor can assign his entire right before a patent is ob- 
 tained, so as to enable the assignee to take out a patent in his own name, but the 
 assignment must first be recorded and the specification sworn to by the inventor. 
 
 In the case of an assignment by a foreigner, the same fee will be required as 
 if the patent issued to the inventor. 
 
 After a patent is obtained, the patentee may assign the right to make or »se 
 the thing patented in any specified portion of the United States, but no such as- 
 signment to specified portions of the United States, made prior to obtaining the 
 patent will enable the assignees to take ont the patent in their own names. 
 
 Every assignment should be recorded within three months from its date ; but 
 if recorded after that time, it will protect the assis:nee against any one purchasing 
 after the assignment is placed on record. 
 
 When the patent is to issue in the name of the assignee, the entire correspond- 
 ence should be in his name. 
 
 " The receipt of assignments is not generally acknowledged by the oflSce. They 
 will be recorded in their turn within a few days after their reception, and then 
 transmitted to persons entitled to them. 
 
 No. 130.— rorm of Assignment before obtaining a Patent. 
 
 Wherkas I, Jethro Wood, of Scipio, in the county oi Caynga, and state 
 oiNew York,hfLve invented certain new and useful impro7;ements in plovghs, 
 for which I am about to make application for letters-patent of the United States ; 
 and whereas David V k acock, oi Bnrlirigion, New Jersey, has agreed to pur- 
 chase from me all the right, title, and interest, which I have, or may have, in and 
 to the said invention in consequence of the grant of letters-patent therefor, and 
 has paid to me, the said Wood, the sum of Jive thousand dollars, the receipt of 
 which is hereby acknowledged : Now this indenture witnesseth, that for and in 
 consideration of the said sum to me paid, I have assigned and transferred, and do 
 hereby assign and transfer, to the said David Peacock, the full and exclusive 
 right to all the improvements made by me, as fully set forth and described in 
 the specifications which I have prepared and executed preparatory to the ob- 
 taining of letters-patent therefor. And I do hereby authorize and request the 
 commissioner of patents to issue the said letters-patent to the said David Pea- 
 cock, as the assignee of my whole right and title thereto, for the sole use and be- 
 hoof of the said David Peacock and his legal representatives. 
 
 In testimony whereof, I have hereunto set my hand and affixed my seal, this 
 sixteenth day of February, 1 856. 
 
 JETHRO WOOD, [seal.] 
 
 Sealed and delivered in the presence of— 
 George Clymer, 
 David Rittenhousb. 
 
*• PATENT LAWS AND REGULATIONS. 149 
 
 The form of assignment of the whole or a partial right in a patent, will bd 
 found on page 37. 
 
 Of the Office Fees, and how pavabh.—^eMly all the fees payable to the pat- 
 ont-otlice are positively required by law to be paid in advance. For the sake oi 
 uniformity and convenience, the remaining fees will be required to he paid in 
 the same manner— that is to say, before the labor is performed for which they are 
 to be received as payment The following is the tarift' of fees established by 
 law: — 
 
 On every application for a design Si 5 00 
 
 On evf-ry caveat 20 00 
 
 On every application for a patent, if made by a citizen, or a foreigner who 
 
 has resided here one year and made oath of his intention to become a 
 
 citizen 30 00 
 
 On every application, if by a subject of Great Britain TjOO 00 
 
 On every application, if by any other foreigner 300 00 
 
 On every filing of a disclaimer 10 00 
 
 On every application for adding new improvement 1?- 00 
 
 On every application for a reissue 15 00 
 
 On every additional patent granted on a reissue 30 00 
 
 On every application for an extension 40 00 
 
 On every appeal 25 00 
 
 On every copy of patent, or other instrument, for every 100 words 10 
 
 On every copy of drawing, the cost of having it made. 
 
 For recording every assignment of 300 words, or under ^, 1 00 
 
 For recording every assignment, if over 300 and not over 1.000 words 2 00 
 
 For recording every assignment, if over 1 ,000 words 3 00 
 
 It is recommended that the money for the payment of fees should be deposited 
 with an assistant treasurer, or other officer aulhcjrized to receive the same, taking 
 his certificate and remitting the same to this office. When this can not be done 
 without much inconvenience, the money may be remitted by mail at the risk of 
 the owner, and in every case the letter should state the exact amount enclosed. 
 
 In case of deposite made w'lh the assistant treasurers, or other persons author- 
 ized to receive public moneys, a duplicate receipt should be taken, staling by 
 whom the payment was made, and for what object. The particular invention 
 should be referred to, to enable the applicant to recover tht; twenty dollars in case 
 of the withdrawal of the petition. The certificate of deposite may be mado in the 
 ioUuwitig form : — 
 
 OFFirE OF THF, ASSISTANT Treasurf.h, New Yokk, Aor. 10, 18.>5. 
 The treasurer of the Uniifd States has credit at this office for thirty dr)ll(ira in 
 ■pccio. dei>o«ited by Joh.n* Jonks, of the town oi (Joshen, in the county of Ornnn^r, 
 and state of New York, the same being for a patent [or whatever the ol)j«'ct may 
 he] for & tteamboi/er. HARD BCHELL. 
 
 The followlnir officers are authorized to receive patent fees on account of the 
 treasurer of the United States, and to give receipts or certificatps of deposite there- 
 fi»r, to wit : Assistant treasurer of the United States at Now York. N Y. ; at Bo.s- 
 ton, Mais ; at Charleston. S. C. ; at St. Louis, Mo.; Collector at Baltimore, Md ; 
 at Richmond. Vn ; at Norfolk, Va ; at Buffalo Creek, N Y. ; at VVilminLrlon, 
 N. C ; at Savsnnab, (Ja. ; at Mobile, Ala. ; at San Fraiici8<'o, Cal.; trensnnr of 
 the mint nt Philadelphia. Penn ; of branch mint at New Orleans, La. ; surveyor 
 and insfjcctor at Pittsburg, Penn. ; sarveycir of the customs at Naphvillc, Tcnn ; 
 at Cincinnati, Ohio; receiver of public moneys at Little Rock, Ark ; nt JrtliT 
 Bonvillc, Ind ; at Chicago, III. ; at Detroit, Mich ; <le|)08itaiy at Tallnhnswe, Kla. 
 
 Any p»»|W)n winhing to pay a patent or other fue, may deposite it with «'ith('r 
 of the nffi< era above named. an<i forwanl the receipt or certificate to this office as 
 evidence thereof. Bank notes or checks can not be received. 
 
 All money sent by mail, either to or from the patent office, will be at tlie risk 
 ot the owne-. In- do case should money l>e sent enclosed with models. 
 
 Vi* 
 
1^0 PATENT LAWS AND REGULATIONS. • 
 
 All paj'ments to or by the office must be made in specie. But the oflBce will endeavor, 
 by iill proper methods, to diminish the inconvenience and risk resulting from a rigid ad- 
 h(!rence to this rule. 
 
 Taking and transmitting Testimony. — In contested cases, the following rules have been 
 established for taking and transmitting evidence : — 
 
 1. That all statements, declarations, evidence, &c., shall be in writing, setting forth 
 minutely and particularly the point or points at issue, and shall be verified by oath or 
 affirmation. 
 
 2. That before the deposition of a witness or witnesses be taken by either party, notice 
 shall be given to the opposite party of the time and place when and where such deposi- 
 tion or depositions will be taken ; so that the opposite party, either in person or by at- 
 torney, shall have full opportunity to cross-examine the witness or witnesses. And such 
 notice shall, with proof of service of the same, be attached to the deposition or depositions, 
 whether the party cross-examines or not ; and such notice shall be given in sufficient 
 time for the appearance of the opposite party, and for the transmission of the evidence to 
 the patent-office before the day of hearing. 
 
 3. That all evidence, &c., shall be sealed and addressed to the commissioner of pat- 
 ents, by the persons before whom it shall be taken, and so certified thereon. 
 
 4. That the certificate of the magistrate taking the evidence shall be substantially in 
 the following form, and written upon the envelope, viz : — 
 
 " I hereby certify, that the depositions of A. B., C. D., <fec., relating to the matter of in- 
 terference between E. F. and G. H., wez-e taken, sealed up, and addressed to the com- 
 missioner of patents by me. JOHN SMITH, Jiwtt'ce o/t Ac Peace." 
 
 In cases of extension, where no opposition is made, exparte testimony will be re- 
 ceived from the applicant ; and such testimony as may have been taken by the applicant 
 prior to notice of opposition, shall be received : provided, the applicant shall give 
 prompt notice to the opposing party or parties of the names and residences of the wit- 
 nesses whose testimony has been thus taken. 
 
 That no evidence, statement, or declaration, touching the matter at issue, will be ccn- 
 sidercd upon the said day of hearing, which shall not have been taken and filed in com- 
 pliance with these rules : provided, that if either party shall be unable, for good and suffi- 
 cient reasons, to procure the testimony of a witness or witnesses within the stipulated 
 time, then it shall be the duty of said party to give notice of the same to the comrais- 
 sioner of patents, accompanied by statements, under oath, of the cause of such inability, 
 and of the steps which have been taken to procure said testimony, Hz\d of the time ov times 
 when ettbits have been made to procure it; which last-mentioned notice to the commis- 
 eiou<r shall be received by him previous to the day of hearing aforesaid. The notice for 
 talcing testimony must be served by delivering to the adverse party a copy. If he is not 
 found, such service may be made upon his agent or attorney of record, or by leaving a 
 copy at the party's usual place of residence, with some member of the family who has 
 arrived at the years of discretion. It must be annexed to the deposition, with a certifi- 
 cate, duly sworn to, stating the manner and time in which the service was made. 
 
 The testimony must (if either party desires it) be taken in answer to interrogatories — 
 having the qiiesfious and answer.-) committed to writing in their regular order by a ma- 
 gistrate, or, under his direction, by some person not interested in the issue, or the agent 
 or attorney of one who is. The deposition, when complete, must be signed by the witness. 
 
 Tlie magistrattj must append to the diposition his certificate, stating the time and place 
 at which it was taken, the names of the witnesses, the administration of the oath, at 
 w!u)~e request the testimony was taken, the occasion upon which it is intended to be used, 
 the names of the adverse parties (if any), and whether they were present. 
 
 No notice will be taken, at the hearing, of any merely formal or technical objection, 
 unless it may reasonably be presumed to have wrought a substantial injury to the party 
 raising the objection ; nor even then, unless, as soon as that party became aware of the 
 objection, he immediately gave notice thereof to the patent-office, and also to the oppo- 
 site party, informing him at the same time that, unless corrected, he ehould urge his ob- 
 jection at the hearing. 
 
 The following forms are recommended for observance in taking depositions : — 
 
 No. 131.— Form of DepositioiL 
 
 A. B., bring duly sworn, doth depose and say, in answer to interrogatories proposed 
 to him by CD., counsel for E. F., as follows, viz : — 
 
 1. Interrogatory. What is your name, your residence and occupation ? 
 
 I. Answer. My name is A. B. ; 1 am a carpenter, and reside in Boston, Massachusetts. 
 
 And in answer to cross-interrogatories proposed to hun by G. H., counsel for I. K., as 
 follows, viz : — 
 
 1. Cross-interrogatory, ffC, 
 
 (Signed) " A. B, 
 
• PATEIVr LAWS AND REGULATIONS. X5] 
 
 State of Nod York, \ 
 Ren$$daer County, > "' 
 
 At 7'mjr, in naid county, on the tenth day of December, A. D. 1855, before me personally 
 nppe'irrd the above-DRmod A. B., and made oath that the foregoing deposition, by him 
 •ubscribed, contains tlie whole truth, and nothinar but the truth. 
 
 The said deposition is taken at the request of E. F., to be used upon the hearing of nn 
 interference between the claima of the said E. F. and those of I. K., before the coniniis- 
 eioner of patents of the United States, at his oflBce, on the tenth day of January iinxt. 
 The said I. K. was duly notified, as appears by the original notice hereto annexed, and 
 attended by G. H., his counsel. Certified by me, L. M., Justice of the Peace. 
 
 The magistrate must then seal up the deposition when completed, and endorse upon 
 the envelope a certificate, according to the form before prescribed, and sign it. 
 
 Rules of Correspondence. — All correspondence must be in the name of the commis- 
 eioner of patents ; and all letters and other communications intended for the office must 
 be addressed to him. If addressed to any of the other officers they will not be noticed, 
 unless it should be seen that the mistake was owing to inadvertence. 
 
 Where an agent has filed his power of attorney, duly executed, the correspondence 
 will, in ordinary cases, be held with him only. A double correspondence with him and 
 his principal, if generally allowed, would largely enhance the labor of the office. For 
 the same reason, the assignee of the entire interest in an invention ia alone entitled to 
 hold correspondence with the office, to the exclusion of the inventor. If the principal 
 becomes dissatisfied, he must revoke his power of attorney, and notify the office, which 
 will then communicate with him. All communicntions to and from the commissioner 
 npon official business are carried in the mail fi-ee of postage. 
 
 Of filing Pffpert.— Every paper filed in the patent-office must be endorsed in such man- 
 ner as to show its general character on the outside. I'Tiey must be written in a fair, 
 legible band, without interlineation or erasure. Papers filed are considered permanent 
 records of the office, and can not be withdrawn except to correct a clericnl error. 
 
 Of Amendments. — All amendments of specifications or claims must be made on sepa- 
 rate sheets of paper from the original, and must be permanently fastened to the original 
 papers before filing. 
 
 When amendments are required, the papers themselves are generally returned to the 
 apph'cant ; but it is only to enable him to make those amendments so as to be in harmony 
 with the cont<',xt. Even when the amendment consists in striking out a portion of the 
 specification or othcT paper, the same course should be observed. No erasure must bo 
 made. The papers must remain for ever just as they were when filed, so that a true 
 history of all that has been done in the case may be gathered from them. 
 
 The following are given as epecimens of the forms proper to be observed iu such 
 cuesi— 
 
 " I hereby amend my speciflcation by inserting the following words after the word 
 
 In the line of the page thereof" [here nhould follow the words that are to bo 
 
 inserted] ; or, " I hereby amen<I my hix'cificulion by striking out the line of the - 
 
 page thereof ;" or, " by striking out tlie first and fourth cluims appended thereto ," oc 
 what*^ver may bo the amendment desired by the applicant 
 
 The forms of other amendments will readily suggest themselves. In each case the ex- 
 act words to be struck out or insf rted sifould be clearly described, and the precise point 
 where any ir-.r^t;, ,, i^ t,, »,„ made. 
 
 Where p: ned to the nppMcnnt for amendment, the original papers must 
 
 In all caaes 1 the offlr-e for preservntion, together with the amendments. 
 
 In some cu. .. ..;ii nts will be permitted to he made by writing out the entire pn- 
 
 per anew ; but ev<-ii wlit;n this is done, the original pnper must be returned and preserved. 
 
 No paper will be allowed to be taken from tliis office unless receipted for, or unh'ss a 
 written request bo filed by the party entitled to control the case, nor until all interlinea- 
 tions and eraBun?8 are clearly noted on the paper in such a manner as to prevent the 
 poMlbillty of any change being made without the certainty of immediate detection. 
 
 The practice which has Ix^'n sometimes pursued of placing the affidavit ol the appH 
 euit on one piece of paper, and the signature to the specification on another, so that both 
 may h[|^etaehed and applied to other papers, will bo looked upon with suspicion, aini 
 Miy rRd labstltutlxn will l>e carefully guarded against. 
 
 No rach s| will be received unless attached together by n tape, both the 
 
 ends of whi' 1 by the seal of the officer who administered the ontli, or unlesn 
 
 (hat officer r nibed his name npon each separate sheet of paper, so as to 
 
 •how !' rited is the same that was Bubscribed and sworn to. 
 
 Ri' lie following rules wijl be strictly observed, except when, 
 
 fore. ^ a modification shall be nUo wed bv the compiissioner:— 
 
 'Ipon Uio rejection of un application for a patent for the want of^novclty, the applicant 
 
lo2 PATENT LAWS AND REGULATIONS. • 
 
 ■will be furnished with references to the cases on which the rejection was mnde, with a 
 brief explanation of the cause of rejection. If he desires a copy of the cases so referred 
 to, or of the plates or drawings connected with thena, these will all be forwarded to hiin 
 on payment of the cost of making such copies. 
 
 If the applicant feels able to remove the objections raised by the oflBce, he may him- 
 self, or by his agent, come before the proper examiner, between two and three o'clock, 
 P. M., on any Monday, Wednesday, or Friday, of the week, for the puipose of making 
 the desired explanations, or he may forward his reasons in writing, to be laid beforo the 
 examiner. 
 
 Should there be — notwithstanding these reasons — a second rejection, the applicant 
 may in person, or by his agent, or in writing, as above contemplated, bring the matter 
 before the commissioner, who will, if possible, examine the case in person ; but should 
 he not be sufficiently at leisure, it will be referred to a board of examiners. 
 
 The decision attained in either of these modes will be final, so far as the action of the 
 patent-office is concerned. The only remaining remedy will be by appeal in those cases 
 allowed by law. 
 
 Of giving or withholding Information. — Aside from the cayeats, which are required 
 by law to be kept secret, all pending applications are, as far as practicable, preserved in 
 like secrecy. No information will therefore be given to inquiries whether any particular 
 patent is before the office, or whether any particular person has applied for a patent. 
 
 But information is given in relation to any case after a patent has issued, or after a pat- 
 ent has been refused, and the further prosecution of the application has been abandoned. 
 
 The models in such cases are so placed as to be subject to general inspection ; the spe- 
 cifications and drawings in any particular case can be seen by any one having pai ticular 
 occasion to examine them, and copies thereof, as well as of patents granted, will be fur- 
 nished to any one willing to pay the bare expense of making them. Copies will be made 
 on parchment at the request of an applicant, upon his paying the additional cost. 
 
 Even after a case is rejected, the application is regarded as pending until after the 
 decision of an appeal thereon, or until after the party has withdrawn the case from the 
 further consideration of the office; but if a party, whose application has been reject«d, 
 allows the matter to rest for two years without taking any further steps therein, he will 
 be regarded as having abandoned his application, so far at least that it will no longer be 
 protected by any rule of secrecy. And in all crises where the specification is withdrawn 
 from the office, and retained by the applicant or his agent for six months or upward, the 
 like abandonment will be presumed. 
 
 The specification, drawings, and model, will then be subject to inspection in the same 
 manner as those of patented or withdrawn applications. 
 
 Information in relation to pending cases is given so far as it becomes necessary in con- 
 ducting the business of the office, but no further. Thus when an interference is declftred 
 between two pending applications, each of the contestants is entitled to a knowledge of so 
 much of his antagonist's case as to enable him to conduct his own understandingly. 
 
 And where the rejection of an application is founded upon another case previously 
 rejected, but not withdrawn or abandoned, the rejected applicant will be furnished with 
 all information in relation to the previously rejected case which is necessary for the 
 proper understanding and management of his own. 
 
 When an applicant claims a certain device, and the same device is found described but 
 not claimed in another pending application which was previously filed, information of 
 the filing of such second application is always given to the prior applicant, with a sug- 
 gestion that if he desires to claim a patent forOhat device, he should forthwith modify his 
 specification accordingly. 
 
 But where the application which thus describes a device without claiming it is subse- 
 quent in date to that wherein such device is claimed, the general rule is, that no notice of 
 the cliiim in the previous application is given to the subsequent applicant. But where 
 there are any special reasons to doubt whether the prior applicant is really the inventor 
 of the device claimed, or where there are any other peculiar and sufficient reasons for 
 departing from the lule above stated, the office reserves to itself the right of so doir)g 
 witliout its being regarded as a departure from established rule. 
 
 The office can not respond to inquiiies as to the novelty of an alleged invention, in 
 advance of an application for a patent, in manner pointed out on page 138, for obvious 
 reasons ; nor to inquiries founded upon brief and imperfect descriptions, propouTided 
 with a view of ascertaining whether such alleged improvements have been patented, 
 and if so, to whom ; nor can it act as an expounder of the patent-law, or as counsellor 
 for individuals, except as to questions arisinar within the office. 
 
 All business with the office should be transacted in writing, unless, by the consent of 
 all parlies, the action of the office will be predicat<'d exclusively on the written record. 
 No attention will be paid to any alleged verbal promise or understanding, in relation to 
 which there is any disagreement or doubt. 
 
PUBLIC LANDS PRE-EMPTION. J[53 
 
 PUBLIC LANDS— PRE-EMPTION. 
 
 The right of pre-emption to the public lands of the United States is granted 
 and defined by the act of Congreaa of September 4, 1841, and the amendatory ot 
 sapplementary act of March 3, 1843. The 'regulations which we here present 
 have been compiled from instructions issued from the general land-office to the 
 registers and receivers, and will be found to contain all the information requisite 
 to enable pre-emptors to avail themselves of the privileges of the acts. 
 
 The individual claiming the benefits of the act of 1841, as amended by the act 
 of 1843. must be— 
 
 1. Eitlier a citizen of the United States, or have filed his declaration of intention 
 to become a citizen, at the time of the settlement on which his claim is based. 
 
 2. Either the head of a family, or a widow, or a single man over the age of 
 twenty-one years. 
 
 3. An inhabitant of the tract sought to be entered, upon which in person he 
 has made a settlement and erected a dwelling-house, and otherwise improved 
 ■aid tract since the lat of June, 1840, and ptior to the time when the land is 
 applied for; which land must, at the date of the settlement, have had tlie Indian 
 title extinguished, and been surveyed by the United States. 
 
 By the ninth section of the act of the 3d of March, J 843, the entry of a claim 
 oiidt'r the act of the 4th of September, 1841, may be made, although it may be 
 for land not surveyed at the time of the settlement, where such settlement was 
 made prior to the 4th of September, 1841, and after the extinguishment of tlie 
 Indian title. 
 
 A person failing in any one of these requisites can have no claim by virtue of 
 this act. 
 
 A person bringing himself within each of the above requirements by proof 
 •aiisfactory to the register and receiver of the land-district in which the lands may 
 lie, taken pursuant to the rules hereinafter prescribed, will, after having taken 
 the affiiJavit required by the act, be entitled to enter, by legal subdivisions, any 
 number of acres not exceeding one hundred and sixty, or a. quarter-section, to 
 include his residence, and he may avail himself of the same at any time prior to 
 the day of the commencement of the ])ublic 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 set- 
 tlement shall thereafter be made upon rach land, or where the land shall have 
 become, or shall hereafter become, subject to private entry, and after that period 
 a settlenKnt shall be made, which the settler in desirous of securing under this 
 act, such notice of his intention must be given within thirty days after the date 
 of such ■ettlon»?nt. Such notice, in all cases, must be a written one, describing 
 the land settled u[)or), and declaring the intention of such person to claim the 
 same under lh»? provisions of this act. (See forms 131 and 132.) The proof, nrti- 
 davit, and payment, must be made within twelve months after the date of such 
 settlomt-nt. 
 
 Where the land has not been offered at pnblic »nJe, and thus rendered subject 
 to private entry, a similar "notice in writing" must be filed within thru months 
 after settlement (or sooner, if the land is proclaimi-d for sale) ; and the proof, pay- 
 ment, and affidavit of the claimant, must be made before the day fixed for the 
 eommrnremrnt of the public sale which shall include the tract claimed. (See 
 fbrai 133 ) 
 
 A person who has filed, or shall hereafter file, according to law, a declaratory 
 ftatement for a tract of land subject to private entry, mav enter tlie same after 
 the twehre months from the time of his settlement shall have expired, without 
 
J 54 PUBLIC LANDS PRE-EMPTION. ^ 
 
 filing any proof of his right as a pre-emptor, provided he is the first applicant, 
 after that time, for the entry of the same at private sale. 
 
 The tracts liable to entry under tliese acts are some one of the following desig- 
 nations : — 
 
 1. A regular quarter-section, notwithstanding its quantity, may be a few acree 
 more or less than one hundred and sixty ; or a quarter-section, which, though 
 fractional in quantity by the passage of a navigable stream through the same, h 
 still bounded by regular sectional and quarter-sectional lines. 
 
 2. A fractional section, containing not over one hundred and sixty acres, or 
 any tract being a detached or anomalous survey, made pursuant to law, and not 
 exceeding said quantity. 
 
 3. Two adjoining half quarter-sections of the regular quarters mentioned in 
 the first designation ; or, two adjoining eighty-acre subdivisions of the irregular 
 quarters found on the north and west sides of townships, where more than two 
 such subdivisions exist, or the excess may render them necessary, provided in 
 the latter case the aggregate quantity does not exceed one hundred and sixty 
 acres. 
 
 4. Two half quarter or eighty-acre subdivisions of a fractional or broken sec- 
 tion, adjoining each other, the aggregate quantity not exceeding one hundred 
 and sixty acres. 
 
 5. A regular half quarter and an adjoining fractional section, or an adjoining 
 half quarter subdivision of a fractional section, the aggregate quantity not ex- 
 ceeding one hundred and sixty acres. 
 
 6. If the pre-emptor should not wish to enter the quantity of one hundred and 
 sixty acres, he may enter a single half-quarter section, or an eighty-acre subdi- 
 vision of a fractional section. 
 
 7. One or more adjoining forty-acre lots may be entered, the aggregate not 
 exceeding one hundred and sixty acres. 
 
 8. A regular half-quarter, a half-quarter subdivision, or a fractional section, may 
 each be taken with one or more forty-acre subdivisions lying adjoining, the aggre- 
 gate not exceeding one hundred and sixty acres. 
 
 Forty-acre tracts or quarter-quarter sections, are subject to entry, selection, 
 or location, precisely in the same manner that eighty-acre tracts, or half-quarter 
 sections, have heretofore been. 
 
 Only one person on a quarter-section is protected by this law, and that is the 
 one who made the frst settlement, provided he shall have conformed to the other 
 provisions of the law. 
 
 A person who has once availed hirnself of the provisions of this act, can not at 
 any future period, or at any other land-office, acquire another right under it. 
 
 No person who is the proprietor of three hundred 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 residerice on his own land, to reside 
 on the public land in the sa7ne state or territory/, is entitled to the benefits of this 
 act ; and satisfactory proof must be funiished that he has not done so. 
 
 Land is not properly, legally surveyed, until the surveys made by the deputies 
 are approved by the surveyor- general ; but in accordance with the spirit and 
 intent of the law, and for the purpose of bringing the settler within its provisions, 
 the land is to be construed as surveyed when the requisite lines are run on the 
 field, and the corners established by the deputy-surveyor. 
 
 No assignments or transfers of pre-emption rights can be recognised. The 
 patents must issue to the claimants, in whose names alone all entries must be 
 made. 
 
 Suridry Descriptions of Land which are exempted from the Operations of this 
 Act. — 1. Lands included in any reservation by any treaty, law, or proclamation, 
 of the president of the United States, and lands reserved for salines or for other 
 purposes. 
 
 2. Lands reserved for the support of schools. 
 
 3. Lands acquired by either of the last two treaties with the Miami tribe of 
 Indians in the state of Indiana, or which may be acquired of the Wyandot tribe 
 of Indians in the state of Ohio, or other Indian reservation to which the title has 
 
PUBLIC LANDS — PRE-EMPTION. lOO 
 
 been or m(iy be extingaislted by thd United States at any time daring the opera 
 tiun of these acts. 
 
 i. Sections of land reserved to the United Stateis, alternato to other sections 
 granted to any of the states for the construction of any canal, railroad, or other 
 public improvement. 
 
 5. Sections or fractions of sections included within the limits of any incorpo- 
 rated town. 
 
 6. Every portion of the public lands which has been selected as a site for a 
 city or town. 
 
 7. Every parcel or lot of land actually settled and occupied for the purposes 
 of trade, and not agriculture. 
 
 8. All lands on which are situated any known salines or mines. 
 
 Pereons claiming the benefits of this act, are required to file duplicate affi- 
 davits sQch as tlie law requires, and to furnish proof by one or more disinterested 
 witnesses of the facts necessary to e-stablish the three requisites pointed out in 
 the commencement of these instructions, and that referred to in a succeeding 
 
 Elace, in relation to the claimant not having quit or abandoned his residence on 
 is own land. 
 
 The witnesses are to be first duly sworn or affirmed to speak the truth and the 
 whole truth, touching the subject of inquiry, by some officer competent to admin- 
 ister oaths and affirmations ; and, if not too inconvenient by reason of distance of 
 residence from the land office of the di.striot, or other good cause, must be exam- 
 ined by the register or receiver, and the testimony reduced to writing in their 
 presence, and signed by each witness, and certified by tlie officer admbistering 
 the oath or affirmation, who must also join in certifying as to the respectability 
 and credit of each witness. 
 
 In case adverse claims shall be made to the same tract, each claimant will bo 
 notified of the time and place of taking testimony, and allowed the privilege of 
 oross-examining the opposite witnesses, and of producing counter-proof, which 
 will also bo subject to crosK-exarnination. 
 
 When, by reason of distance, sickness, or infirmity, the witnesses can not coma 
 before tho register or receiver, these officers are authorized to receive their 
 depositiooa, which must be, in all other respects, conformable to the within regu- 
 lations. 
 
 The' proof furnished to tlie register or receiver, in all cases, should consist of 
 a simple detail of facts merely, and not of statements in broad or general terms, 
 involving conclusions of law. It is the exclusive province of the register or re- 
 ceiver to determine the legal conclusions arising from the facts. For instance, a 
 witness will not be permitted to state that a claimant is the "head of a family," 
 &.C., following the words »f the law, but must set forth the facts on which he 
 grounds such allcgaiionfl; ber-ause such a mode of testifying substitutes the judg- 
 ment of the witness for that of tho regiMler or receiver, and allows him not only 
 U) determine the facts, but tho law. A witnesH may possiMy conscientiously tes- 
 tify that a minor son, living with a widowed mother, was the head of the family ; 
 and, in another case, similar in point of fact, anotlier witness, equally conscien- 
 tious, might testify that the widowed mother was the head of tlie family. There 
 can not be a uniform construction given to the law, if it is carelessly left to tho 
 opinion of every witness. Registers and receivers have therefore been instructed 
 not to receive as testimony or prfH)f a peneral statement, which embodies, in 
 general terms, the conclusions of law, without stating the facts specifically. 
 
 The witneises must ntate, if the pre emptor be tho "head of a family," the 
 facts whj<!h constitute him snrh ; whether a liunband having a wife and children, 
 or a widower, or an unmarried person nnde.r twenty-one years of age, having a 
 family, either of relatives or others depending upon him, or hired persons, or 
 ■lares. 
 
 All tho facta respecting the settlement in person, inhabitancy or personal resl- 
 doDce, the time of commencement, the manner and extent of continuance, ns well 
 W those showing the apparent objects, should be stated. 
 
 It roost be stated that the claimant made the settlement on the land in person ; 
 that be ha« erected a dwelling upon the land ; that the claimant lived in it ; and 
 
156 PUBLIC LANDS PRE-EMPTION. 
 
 made it his home, Sec. By this means, the register or receiver will be enabled 
 to determine whether or not the requisites of the law have been complied with 
 in any given case. 
 
 The 071J7/ affidavit required of the claimant is that prescribed by the thirteenth 
 section of the act of 1841. (See form 134.) This affidavit must be taken "before 
 the register or receiver of the land-district in which the land is situated," before 
 an entry is permitted, and must be of the same date with the certificate of entry. 
 An affidavit before any other person will not justify the, entry of the land. Du- 
 plicates thereof must be signed by the claimant* 
 
 A claimant is bound to prove his right to, and enter, all the land embraced by 
 his declaratory statement, if liable to the operations of the act. No transfer or 
 assignment of his claims can be made by a claimant under the law of 1841. The 
 law d^eclares such "null and void." 
 
 The proof filed by every claimant must show the iime^ of the commencement 
 of ike settlement. 
 
 The second section of the act of March 3, 184.3, provides for the rights of par- 
 ties who shall have died before consummating their claims, by the filing, in due 
 time, of all the papers essential to establish the same. If proof of such right shall be 
 filed, and payment theretbr be made by the executor, administrator, or one of the 
 heirs, du7-ing the period prescribed by the law upon vhich the claim is founded, 
 the entry may be made in the name of " the heirs" of the deceased claimant. A 
 patent on such an entry will cause the title to inure to said heirs, as if their 
 names had been specially mentioned. In cases of this kind, the affidavit re- 
 quired of the pre-emptor will be taken by the person so filing the proof; and 
 should such person be one of the heirs, he or she should be of age and mind 
 competent to appreciate the nature and obligation of an oath. (See form 135.) 
 
 The fourth section of the act of 1843 declares it unlawful for an individual, who 
 has once filed a declaration for one" tract of land, to file at any future time a sec- 
 ond declaration for another tract. This has reference to those required, under 
 the fifteenth section of the act of 1841, for land subject at the time of settlement 
 to entry at private sale. 
 
 The fifth section requires that similar notices or declarations in writing should 
 be filed by settlers, under the act of the 4th of September, 1841, on land not sub- 
 ject to private entry. These declarations are to be filed in the office of the regis- 
 ter or receiver by every such settler within three months after his settlement. 
 
 By the sixth section, a claimant is authorized hereafter to file a declaration, 
 under the law of the 4th of September, 1841, or to make an entry of a claim under 
 it, although the time prescribed by the law, for the filing of such declaration, or 
 the making of such entry, shall have expired, provided the claimant was pre- 
 vented, by vacancy in either the receiver's or register's office, from performing 
 said act or acts within such time, and shall perform the duties required by the . 
 law within the same period after the disability is removed, as he would have 
 had if such vacancy had not occurred. 
 
 The price of public lands is Sl.'JS per acre ; but by act ot IBS."?, the price is 
 reduced for lands which have been in the market upward of ten years, to $1,00 ; 
 upward of fifteen years, to 75 cents; of twenty years, to 50 cents, of twenty -five 
 years to 25 cents; of thirty years, to 12J cents; except mineral and reserved 
 lands; provided the land is purchased for actual settlement and cultivation, and 
 not more than 320 acres are so jmrchased. Pre-emptors have a right to these 
 graduated prices, subject to the foregoing forms and restrictions 
 
 The only things required of a purchaser of public lands are, that he .shall make 
 en application in writing to the register for the tract desired to be entered, 
 and pay to the receiver the purchase-money. He will find a blank application 
 at any of the land-offices where such purchase may be desired to be made. 
 
 * The law provides that " if any person shall swear falsely In the premises, he or she shaD 
 be subject to all the pains and penalties of perjury, and thall forfeit the money which he 01 
 she may have paid for said land, and all right and title to the same ; and any f^raui or con- 
 veyance which he or she may have made, except in the hands of bona-jUde purcha.ser8, for a 
 valuable consideration, shall be null and void." 
 
 t This date is all important for the purpose of determiningf in all cases whether the seitla 
 ment was made within the proper time, and whether the declaratory statement was filecl 
 lu dua season, and the entry made within th*} legal period after the settlement 
 
PUBLIC LANDS PRE-EMPTION. 
 
 ISI 
 
 Wo. 131. — Form for Cases where the Land claimed 
 
 was subject to Private Entry prior to September 4, 1841. 
 
 I, John Doe, of the town of Peoria, in the county of Peoria, and atate of lui- 
 ntns, being [the head of a family, or widow, or single man over the age of twenty- 
 one years^as the case may be, and a citizen of the United States, or having Ji^ed 
 my declaration to become a citizen as required by the naturalization laws, as the 
 case may he\, have, since \hQ Jirtt day of June, one thousand eight hundred and 
 farty, to wit: on the ffleent^A&y of January, one thousand eight hundred and 
 Jifly, settled and improved the northeast quarter of sect, number two, in township 
 number /"oMr north, of range number eight east, in the district of lands subject to 
 Bale at the la;)d-office at Chicago, and containing one hundred and sixty acres, 
 which land was subject to private entry at the passage of the act of the fourth 
 of September, one thousand eight hundred and forty-one ; and I do hereby declare 
 my intention to claim the said tract of land as a pre-emption right under the pro- 
 visions of said act of the fourth of September, one thousand eight hundred and 
 forty -one. 
 
 Given under my hand, this twentieth day of January j one thousand eight hun- 
 dred and ^/y. JOHN DOE. 
 Signed in presence of John Smith. 
 
 No. 132. — For Cases where the Land claimed shall 
 
 have been rendered subject to Private Entry since Septem- 
 ber 4, 1841. 
 
 I, JoH5 Doe, of the town of Qalena, in the county of Jo Daviess, and state of 
 Illinois, being [the head of a family, or widow, or single man over the age of 
 twenty-one years, as the case may be, and a citizen of the United States, or hav- 
 ing filed my declaration to become a citizen as required by the naturalization 
 \zw9, as the case may be], have, since the first day of June, one thousand eight 
 hundred tiD^ fifty, settled the southeast quarter of section number three, in town- 
 ihip number ^r« north, of range /owr cast, in the district of lands subject to sale 
 at the land office of Chicago, and containing one hundred and sixty acres, which 
 land has been rendered subject to private entry since the passage of the act of 
 the fourth of September, one thousand eight hundred and forty-one, but prior to 
 my settlement thereon ; and I do hereby declare my intention to claim the said 
 tract of land as a pre-emption right, under the provisions of said act of the fourth 
 of September, one thousand eiirht hundred and forty-one. 
 
 Given under my hand, \h\» first day of July, one thousand eight hundred and 
 fifty. JOHN DOE. 
 
 Signed m pretence of John Smith. 
 
 No. 133. — Declaratory Statement for Cases where 
 
 the Land is not subject to Private Entry. 
 
 I, JoHH Doe, of the city of Detroit, in the county of Wayne, and state of 
 MidUgan, being, Ac. [as tn Nos. 131 and 1321, have, on the first day of October, 
 one thousand eight hundred and fifty, settl»;(l and improved the northeast quar- 
 ter of lection nomlwr leu, in township number eight north, of range number six 
 east, in the district of lands subject to sale at the land office at Detroit, and con- 
 taining one hundred and sixty acrrs, which land has not yet been offered at 
 pablic tale, and thus rendered subject to private entry; and I do hereby declare 
 my intention to claim the said tract of land aa a pre-emption right, under the 
 
 14 
 
158 PUBLIC LANDS PRE-EMPTION. 
 
 provisions of said act of the fonrth of September, one thousand eight hundred and 
 forty-one. 
 
 Given under my hand, thia tenth day of October, one thousand ei^ht hundred 
 and Jifty. JOHN DOB. 
 
 I^igned in presence of John Smith. 
 
 No. 134. — Affidavit required of Pre-emptLon Claim- 
 ant. 
 
 I, John Dok, claiming the right of pre-emption*under the provisions of the aci 
 of Congress, entitled "An act to appropriate the proceeds of the sale of the pul)- 
 lic lands, and to grant pre-emption rights." approved September .4, 1841, to the 
 northcest quarter of section number two, *of township number six north, of 
 range number two west, subject to sale at Chicago, do solemnly sv^ear [or affirm, 
 as the case may be], that I have never had the benefit of any right of pre-emp- 
 tion 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 tlie same on speculation, but in good failh to appropri- 
 ate it to my own exclusive use and benefit ; and that I have not, directly or indi- 
 rectly, 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 govern- 
 ment of the United States should enure, in whole or in part, to the benefit of any 
 person except myself. JOHN DOE. 
 
 I, John Smith, register [or John Joneb, receiver], of the land-office at Chi- 
 cago, do hereby certify that the above affidavit was taken and subscribed before 
 me, this first day of November, one thousand eight hundred and fifty. 
 
 JOHN Q^lTll, Register. 
 Or, JOHN JONES, Receiver. 
 
 No. 135.— Porm of Affidavit to be filed in Cases, 
 
 under the Act of the Uh of September, 1841, where the Settler 
 shall have died before proving up and entering his Claim. 
 
 I John Doe [executor of the estate of Richard Roe, or administrator of the 
 estate o/ Richard Roe, or one of the heirs o/ Richard Roe, aged forty years, 
 as the case may he\, do solemnly swear [or affirm, as the case may be], thnt, to 
 the best of my knowledge and belief, the said Richard Roe, who was a settler 
 on the north half of the northeast quarter of section number seven, of township 
 number three north, of range number one east, subject to sale at Chicago, hsiB 
 never had the benefit of any right of pre-emption, under tlie act entitled " An 
 act to appropriate the proceeds of the sales of the public lands, and to grout pre- 
 emption rights,"' approved September 4, 1841 ; that he was not, at the time of his 
 death, the owner of three hundred and twenty acres of land in any state or terri- 
 tory of the United States ; that he did not settle upon and improve the above 
 tract of land on speculation, but in good faith to appropriate it to his ov/n exclu- 
 sive use and benefit ; and that he has not, directly or indirectly, made any agiee 
 mentor contract, in any way or manner, with any person or persons whatRoever, 
 by which the title which he might have acquired from the government of the 
 United States should enure, in whole or in part, to the benefit of any person 
 ^cept himself. JOHN DOE, Executor, 
 
 [^Or administrator, or one of the heirs of Richard Roe, as the case may be]» 
 
 I, John Smith, register [or John Jones, receiver] of the land-office at Chi- 
 cago, do hereby certify that the above affidavit was taken and subscribed before 
 rae. tVa&Jifth day oi December, one thousand eight hundred and ffty. 
 
 JOHN SMITH, Register. 
 . Cr JOHN JONES, Receiver 
 
MILITARY BOUNTY LANDS. 159 
 
 MILITARY BOUNTY LAND-BILL. 
 
 0!« the 2Sth September, 1850, Congrew pasted an act granting bounty land to certain offS- 
 eew and aoldiers who have been en^^a^ed In the military service of the United States, or 
 to tljeir widows or minor children. To enable the numerous class who are affected by the 
 priTileges of the law, to avail themselves of its benefits, we Insert the law entire. 
 
 Be it enacted by the Senate artd Howae of Representativet of the United Statet of America in 
 Congrett aMembUd, Tiat each of the surviving, or the widow or minor children of deceased 
 commissioned and non-commissioned officers, musicians, or privates, whether of rei^uiars 
 Tolunteers, rangers, or militia, who performed military service in any regiment, company, 
 or detachment, m the service of the Umied States, in the war witli Great Britain, declared 
 by the United Stales on the eighteenth day of June, eighteen hundred aud twelve, or in any 
 of the Indian wars since seventeen hundred and ninety, and each of the commissioned 
 officers who was engatred in the military service of tiie United States in the late war with 
 Mexico, shall he entitled to lands as follows : Those who engaged to serve twelve months, 
 or during the war, and actually served nine months, shall receive one hundred and sixty 
 acres ; and those who encapea to serve six months, and actually served four months, shall 
 receive eitrhty acres; and those who engaged to serve for any, or an indefinite period, 
 and actually served one month, shall receive forty acres: Provided, Thai whenever any 
 officer or soldier was honorably discharged in consequence of disability in the service be- 
 fore the expiration of his peric»<l of service, ho shall receive the amount to which he would 
 have been entitled if he had served the full period for which he had engaged to servo: 
 Provided, The nerson so having been in service shall not receive said lands, or any part 
 thereof, if it snail appear by tlie muster-rolls of his regiment or corps that he deserteu, or 
 was dishonorably di»chargcd from service, or if he has received or is entitled to any mili- 
 tary land bounty under any act of Congress her.:itofore passed. 
 
 Sect. 2. And be it further enacted. That the period during which any officer or soldier 
 may have remained in captivity with tlie enemy shall be estimated and added to tlie period 
 of nia actual service, and the person so detained in captivity shall receive land under the 
 proviaions of tiiis act in the same manner tliat he would be entitled in case he had entered 
 the service for the whole term made up by tlie addition of the time of hia captivity, and 
 had served during such term. 
 
 Sect. 3. And be it further enacted. That each commissioned and non-commissioned officer, 
 musician, and private, fur whom provision is made by the first section hereof, shall receive 
 a certificate or warrant from the department of the intedor for the quantity of land to which 
 he may be entitled, and which may be located by the warrantee, or his heirs-at-law, at 
 any land-office of the United States, In one body, and In conformity to the legal subdivia- 
 lons of the pul)llc lands, upon any of the public lands in such district then siibiect to pri- 
 Tate entry; and upon the return of such certificate or warrant, with evidence of tne location 
 thereof having been legally made, to thn g.^nt-ral land-office, a patent shall be issued therefor. 
 Intbeevent of the death of any • 'I or non-conimlssioned officer, musician, or 
 
 private, prior or sulnioquent to f this act, who sliull have served us afore- 
 
 said, ana who ihail not havi- i y land for said services, alike certificate or 
 
 warrant shall l>e Issued In favor n.. . ■ Llie benefit of his widow, who shall receive 
 
 one hundred and sixty acres of land, iu one her husband was killed in battle, but not to her 
 heirs: Provided, She la unmarried at the date of her application: Provided further, Thai 
 no land warrant isned under the provisions of this act shall be laid upon any land of the 
 United States to which there shall bo a pre-emption ri;:lit, or upon which there shall bo an 
 actual aettlement and cultivnti(jn, except witli tue consent of such settler, to be satisfactorily 
 proven to the proper lmid-otiift;r. 
 
 SrcT. 4. And be it further enacted, That all sales, mortgajres, letters of attorney, or other 
 Instruments of writing going to affect the title or claim to any warrant or certificate 
 iasoed, or to be issued, or any land granted, or to l)e granted, under the provisions «)f thia 
 act, made or PTr-'-ntfd prior m tlm i.^.oiie, phn!) Ik; null mid void fd nil intents and purposea 
 whataoever: ■ reby. be in any 
 
 irlae ifTect' ; or claim incur- 
 
 red by auch It the benefits of 
 
 thia act shaj :. — .. _ . _..., , , , ..-resa: Prorided 
 
 further. That ilatiali be iho duty of ti.- wi liio ^^rcuurui lund-oilice, under such 
 
 regulationa a« may be prescribed by i^ the interior, to cause to bo located, 
 
 freo «f expenae, any %x^rrrint whl'-li , ■ nan-mit to t!ic funeral Jiind-ottice 
 
 for that purpose, i; " ■ ' ' inteeraay detig- 
 
 Date, ana upon goc > i he maps, plau, 
 
 and field-notes of ^ session of the 
 
 local office; and up... lil cause a oat- 
 
 eot tobe tranamltted Iom: ' ' 
 
 thU act abaU be deHver«-<i 
 
 of this act ; and that a. . ■ , ■ , . ,.. ..r ..,,--■.■... i>' '"..■-. •■ ^.■■uU 
 
 ITJ 
 
160 MILITARY BOUNTY LANDS. 
 
 • 
 
 The precedinsr act was amended in 1852, making all warranti for military or bounty land» 
 ■which have been or may hereafter be issued under any law of the United States, and all 
 valid locations of tlie same, atsignable by deed or instrument in writing, executed according 
 to such forms^as may be prescribed by the commissioner of the General Land office. The act 
 also provides, that any person holding land by right of pre-emption, may use land-warrants 
 in payment for such lands. When warrants shall be located on .lands which are subject to 
 entry at a greater minimum than one dollar and twenty-five cents per acre, the locator shall 
 pay the difference in cash. Holders or assignees of land-warrants, on entering lands, are 
 required to pay to the Register the same compensation or percentage to which he is entitled 
 wlien selling lands for cash. The act also provides, that in all cases where the militia, or 
 Tolunteers, or state-troops of any State or Territory, were called into military service, and 
 whose services have been paid by the United States subsequent to the 18th of June, 1812, 
 the officers and soldiers of such militia, &c., shall be entitled to all the benefits of the prece- 
 ding act, and shall receive lands for their services according lo the provieions of said act 
 upon proof of length of services as therein required. 
 
 An act was passed March 3, 1855, in addition to the foregoing a'ctfl, granting boutity 
 lands to certain officers and soldiers who have been engaged in the military service of 
 the United States, and not participants in the benftfits ot the preceding acts as follows : — 
 Each of the eui-viving commissioned and non-commissioned officers, musicians, and 
 privates, whether of regulars, volunteers, rangers, or militia, who were regularly mus- 
 tered into the service ot the United States, and every officer, commissioned or non-com- 
 missioned, seaman, ordinary seaman, marine, clerk, and landsman in the navy, in any 
 of the wars in which this country has been engaged since seventeen hundred and ninety, 
 and each of the survivors of the militia, or volunteers, or state troops of any state or ter- 
 ritory, called into military service, and regularly mustered therein, and whose services 
 have been paid by the United States, shall ~be entitled to receive a certificate or warrant 
 from the department of the interior for one hundred and sixty acres of land ; and where 
 any of those who have been so mustered into sei'vice and paid shall have received a cer- 
 fcficate or warrant, he shall be entitled to a certificate 'or warrant for such quantity of 
 land as will make, in the whole, with what he may have heretofore received, one hun- 
 dred and sixty acres to each such person having served as aforesaid : Provided, The 
 person so having been in service shall not receive said land warrant if it shall appear 
 by the muster rolls of his regiment or corps that he deserted, or was dishonorably dis- 
 charged from service : T\\a benefits of this section shall be held to extend to wagon, 
 masters and teamsters who may have been employed, under the direction of competent 
 authoiity, in time of war, in the transportation of military stores and supplies. 
 
 In case of the death of any person who, if living, would be entitled to a certificate or 
 warrant, as aforesaid, under this act, leaving a widow, or, if no widow, a minor child or 
 children, such widow, or, if no widow, such minor child or children, shall be entitled to 
 receive a certificate or warrant for the same quantity of land that such deceased person 
 would be entitled to receive under the provisions of this act, if now living : a subsequent 
 marriage sliall not impair the right of any such widow to such warrant, if she be a wid- 
 ow at the time of making her application : those shall be considered minors who are so 
 at the time this act shall take effect. 
 
 In no case shall any such certificate or warrant be issued for any service less than 
 fourteen days, except where the person shall actually have been engaged in battle, and 
 unless th« party claiming such certifieate or warrant shall establish his or her right 
 thereto by record evidence of said service. 
 
 Sttid certificates or warrants may be assigned, transferred, and located by the war- 
 rantees, their assignees, or their heirs-at-law, according to the provisions of existing laws 
 regulating the assignment, transfer, and location of bounty-land warrants. 
 
 No warrant issued under the provisions of this act shall be located on any public lands, 
 except such as shall at the time be subject to sale at either the minimum or lower grad- 
 uated prices. 
 
 The registers and receivers of the several land offices shall be severally authorized to 
 charge and receive for their services in locating all warrants under the provisions of 
 •his act the same compensation or per-centage to which they are entitled by law for 
 sales of the public lands, for cash, at the rate of one dollar and twenty-five cents per 
 acre ; the said compensation to be paid by the assignees or holders of such warrants. 
 
 The provisions of this act, and all the bounty-land laws heretofore passed by Congress, 
 shall be extended to Indians, in the same manner and to the same extent as if the said 
 Indians had been white men. 
 
 The officers and soldiers of the revolutionary war, or their widows or minor children ; 
 those who served jas volunteers at the invasion of Plattsburg, in September, 1814 ; also 
 at the battle of King's Mountain, in the revolutionary war, and the battle of Nickojack 
 against rtie confederated savages of the South ; the chaplains who served with the army 
 in the several wnrs of the country ; and flotilla-men, and those who served as volunteers 
 at the attack on Lewistown, in Delaware, by the British fleet, in the war of 1812-'15, 
 shall be entitled to the bei^fits of this act. 
 
SPECIAL STATE LAWS 
 
 MAINE. 
 
 Constitation adopted 1820.— Square Miles 32,628.— Population In 1850, 583,036. 
 
 Exemptions. 
 
 There is exempt from sale on execution the debt- 
 or's wearing-apparel, beds, bedsteads, bedding, and 
 hoasehold utensils necessary for himself, his wife and 
 children, provided that the beds and bedding so ex- 
 empted shall not exceed one bed, bedstead, and neces- 
 sary bedding, for every two persons, nor the other 
 household furniture the value of fifty dollars ; the toola 
 of any debtor necessary for his trade or occupation ; all 
 bibles and schoolbooks in actual use in the family, and 
 one copy of the statutes of the state ; all cast-iron and 
 sheet-iron stoves used exclusively for warming build- 
 ings ; one cow, and one heifer till she shall become three 
 years old; two swine, one of which* shall not weigh more than one hundred 
 pounds ; and when he owns a cow, and a heifer more than three years old, or 
 two swine, each weighing more than one hundred pounds, he may elect the cow, 
 or the heifer, or either of the swine, to be exempt as aforesaid ; ten sheep, and 
 the wool that may be sheared from them, and thirty hundred weight of hay for 
 the use of said cow, and two tons for the use of said sheep, and a sufficient quan- 
 tity for said heifer according to its age; all produce of farms while standing and 
 growing, until harvested, and corn and grain necessary and sufficient for the sus- 
 tenance of the debtor and his family, not exceeding thirty bushels ; one pew in 
 any meetinghouse where he and his family statedly worship ; all potatoes raised 
 or purchased for the consumption of himself and family; all firewood conveyed to 
 the debtors house for the use of himself and family, not exceeding twelve cords ; 
 one boat, not exceeding two tons' burden, usually employed in hshing-business, 
 belonging wholly to an inliabitant of this state ; one plough, of the value of ten 
 dollars; one cart, of the value of twenty-five dollars ; one harrow, of the value of 
 6ve dollars ; and one cooking-stove, of the value of thirty-five dollars ; and all an 
 thracite and bituminous coal and charcoal conveyed to any person's house to be 
 ctjnsumcd in the family of such person, not exceeding five tons of anthracite and 
 6fty bushels of bituminous ; one pair of bulls, steers, or oxen, raised by the owner 
 from bis own cows, or purchased by him before the said bulls or steers were ono 
 year old, or by him at any time ontained by exchange of said bulls, steers, or 
 oxco, for othrrs of the same age, with a sufRcient quantity of hay to keep the 
 same through tije winter season, provided that the owner began to raise or pur 
 chased said stock after the 24th day of April, 1839 ; ono ox-yoke, with bows 
 fine, and staple, value of three dollars ; two chains value of three dollars ; one ox 
 sled value often dollars ; one pair of oxen, stocrs, or bulls, purchased o» obtained 
 legally, the same as if raised ; one or two horses, instead of oxen, not to exceed 
 one hundred dollars in value ; one barrel of flour, and ten dollars worth of lumber 
 wood, or bark ; also, any piece of land, not exceeding half an acre, approprinted 
 by wiy number of individuals as a place of burial, constantly encloKed with a 
 fence, and not nsf-d for the purposes of cultivation ; a description of which, under 
 the hands of individuals who nppmpriated the same, attested by two disinterest, 
 e<l witnesses, shall havi ; ,ied in the registry of«deeds in the county or 
 
 registry district where il 
 

 162 
 
I 
 
1G4 SPECIAL LAWS OP MAINE. 
 
 Homestead Exemption. 
 
 A LOT of land, dwelling-house and out-buildings thereon, or so much thereof as shall 
 not exceed five hundred dollars in value — the property of a householder in actual pos 
 Bession thereof — exempted from any debt contracted after January Ist, 1850. 
 
 The widow and minor children of any person deceased who held property thus ex- 
 empted, may continue to hold the exempted premises during the minority of such chil- 
 dren, or while said widow remains unmarried ; and the exempted projjerty shall not be 
 8old during such minority, or while such widow remains unmarried, for the payment 
 of any debt contracted prior to January 1st, 1850. 
 
 Exemptions under this act shall not operate to defeat the liens of mechanics, as provi- 
 ded on the statutes. 
 
 The head of any family, or any householder, wishing to avail himself of the benefits 
 of this act, may file a certificate by him signed, declaring such wish, and describing the 
 property, with the register of deeds, in the county where the same is situate; and 
 upon receiving the fees now allowed for recording deeds, such register shall record the 
 same in a book kept for that purpose : and so much of the property as does not exceed 
 the value aforesaid, shall be for ever exempt from liability for any debt contracted by 
 such householder after the date of the recording of the certificate ; and the record in 
 said register's office shall be prima facie evidence that the certificate purporting to be 
 there recorded, was made, signed, and filed, as appears upon such record. And upon 
 being recorded as aforesaid, the property as described in the first section of this act 
 Bh;ill be exempted within the provisions thereof 
 
 When property, exempted as aforesaid, is claimed by a creditor to be of greater value 
 than five hundred dollars, it may be seized on execution, and the appraisers shall first 
 Bet off such part of the property as the debtor may select, and if he neglects so to do, 
 the officer may select for him to the value of five hundred dollars, by metes and bounds ; 
 and shall then appraise and set off to the creditor, in manner now prescribed by law, 
 the remainder, or so much thereof as may be necessary to satisfy such execution ; 
 and the appraisers shall be sworn accordingly, and the officer shall make return of 
 his doings thereon. 
 
 Mechanics' Lien. 
 
 Any ship cai-penter, calker, blacksmith, joiner, or other person, who shall perform 
 labor or furnish materials for or on account of any vessel building or standing on the 
 stocks, or under repairs after having been launched, shall have a lien on such vessel for 
 his wages or materials, until four days after such vessel is launched or such repairs 
 afterward have been completed ; and may secure the same by an attachment on said 
 vessel within that period, which shall have precedence of all other attachments. 
 
 In case any such creditor shall demand or claim more for his said services performed 
 or materials furnished as aforesaid than is just and reasonable, the owner, agent, or 
 contractor, may tender the full, fair, and just balance to such claimant, and such tender 
 shall, if refused, absolutely discharge the lien on such vessel. 
 
 Any person who shall perform labor or furnish materials for erecting, altering, or 
 repairing any house or other building or appurtenances, or furnish labor or materials 
 for the above purposes by virtue of any contract with the owner thereof, shall have a 
 lien, to secure the payment of the same, upon such house or building, and the lot of 
 land on which the same stands, and upon the right of redeeming the same when under 
 mortgage ; and such lien shall continue in force for the space of ninety days from the 
 time when such payment becomes due, notwithstanding the decease of any such debtor 
 and the representation of his estate as insolvent And the administrator or executor of 
 any insolvent estate shall, upon citation, be holden to answer to any action brought upon 
 a claim secured by such lien. 
 
 Such person may secure the benefit of such lien by an attachment of such house or 
 building, land, or right of redemption, within the said ninety days; and such attach- 
 ment shall have precedence of all other attachments not made under any such lien. 
 
 When the debtor shall tender to the creditor the sum justly due to him, as aforesaid, 
 Buch lien shall cease. In case of th«* death of any person owing a debt secured by a 
 lien in the manner above contemplated, within the ninety days mentioned therein, and 
 belbro the commencement of the action mentioned above, th(m a further time of sixty 
 days from and after an appointment of an administrator or executor, and notice thereof 
 ffiven, shall be allowed in which to commence said action, and such lien shall continue 
 m force during said sixty days. 
 
 When any lot or parcel of land, or any mill-privilege, may be leased for the purpose 
 of having a house, shop, mill, or other building, erected or placed thereon, and rent is 
 r^rved in the lease, ^1 the buildings erected &a aforesaid, togsther with all th«> iiitftrest 
 
SPECIAL LAWS OF MAINE. 165 
 
 which the lessee before had or may have in the premises, by force of such lease, ebal! 
 remain liable to be attached by any such lefieor or his assi^ee, to secure the rent due 
 on such lease, notwithstanding any previous transfer of property by the lessee, provi- 
 ded such attachment be made within six months from the time such rent becomes due. 
 
 Every person in whose name any merchandise shall be shipped, shall be deemed the 
 true owner thereof, so far as to entitle the consignee of such merchandise to a lien 
 thereon for any moneys advanced or negotiable security given by such consignee to 
 and for the use of the person in whose name such shipment shall have been made, and 
 for any money or negotiable security received by the person in whose name the ship- 
 ment shall have been made, to and for the use of any such consignee. 
 
 Any person who is entitled to receive annual compensation for damages sustained tu 
 his land by the overflowing of a milldam, shall Have a lien tlierefor from the time of the 
 institution of the original complaint, on the mUl and milidam, with the appurtenances, 
 and the land under and adjoining the same, and used therewith, provided that it shall 
 not extend to any sum due more than tliree years before the commencement of tlie action. 
 
 If the demandant in a writ of entry shall claim an estate for life only in the premises, 
 and if he shall pay any sum allowed to the tenant for improvements, he or his execu- 
 tors or administrators, at the termination of his estate, shall be entitled to receive of the 
 remainder man, or reversioner the Value of such improvements as they then exist and 
 shall have a lien therefor, and he may keep possession thereof accordingly till the same 
 be paid. 
 
 Chattel Mortgages. 
 
 No mortgage of personal property that shall be made after April 20, 1854, where the 
 debt thenby secured amounts to more than the sum of thirty dollars, shall be valid 
 nL'ninft ;iTiv oth»^r porsons thnn the parties thereto, imlees possession of the mortgaged 
 pr p"rty be delivrred to, and retained by, the mortgagee, or unless the mortgHge 
 hi , lif recordi-d by the clf-rk of the town where the moiti;agor resides; and if said 
 inntjMffor shall l>e a corporation established by the law of this state, said mortgage shall 
 hr r- forded by the clerk of tht? town where the said corporation shall have its ost^b- 
 lixhed place of business ; and provided further, if »aid mortgagor shall reside in an unin- 
 corporat/^d pinoe or plantation, said mortgage shall bo recorded in the eldest adjoining 
 town in the snm«» county. 
 
 Personal property mortgaged may be redeemed by the lawful claimant at any time 
 within sixty days after breach of condition, unless the property has been sold, in pur- 
 •unnce of the contract of the parties, or on execution for debt of mortgager. 
 
 Upon tender of lawful amount, if the property is not returned, the party entitled to 
 may replevin. 
 
 Law regulating Contracts. 
 
 No action Bhall be brougl^t and maintained in any of the following cases : — 
 
 1. To charge an executor or administrator, upon any special promise, to answer dam- 
 age* out of hJa own estate : 2. To charge any person, upon any B])ecial promise, to an- 
 ■wer for the debt, default, or misdoings, of another: 3. To charge any person upon 
 •n agraement made in consideration of marriage : 4. Upon any contract for the sale 
 of land*, tenements, or hereditaments, or of anv interest in or concerning them : 
 S. Upoo any agreement that is not to be performed within one year from the making 
 thereof; anless the promise, contract, or agreement, upon which such action shall be 
 brought, or some memorandum or note thereof, shall be in writing, and be signed by 
 tbeparty to be charged therewith, or by some person thereunto lawfully authorized. 
 
 The consideration for the agreement need not be expressed in the wnting. 
 
 No action shall be brought to charce any person, upon or by reason of any representa- 
 tion or assurance made concerning tne character, conduct, credit, ability, trade, or deal- 
 ings, of any other person, unless such representation or assurance shall be made in 
 writing, and eifned by the party to be charged thereby, or by some person thereunto 
 by him lawfully authorized. 
 
 No contrart for the Fale of any goods, wares, or merchsndise, for the price of thirty 
 dollars or mon-, chall b<- alhjwed to be good, unless the purrhaser shall accept part of 
 the goods su sold, and actually receive the same, or give something in earnest to bind 
 fce bargain, or in part payment, or some note or memorandum in writing, of the uirf 
 bargain, be made and sigood by the party to b« charged, or by Ua agmt, Uierviuto bf 
 him lawfully autfaorizea. 
 
166 SPECIAL LAWS OF MAINE. 
 
 Limitation of Actions. 
 
 The following actions shall be commenced within six years next after the cauflc of 
 ?M;Hon shall accrue, and not afterward, namely : — 
 
 1. All actions of debt, founded upon any contract or liability, not under seal, except 
 such as are brought upon a judgment or decree of some court of record of the United 
 iStntes, or of this, or some other of the United States, or of some justice of the peace in 
 this Ptate. 2. All actions upon judgTnents rendered in any court, not being a court of 
 Pf^cord, except justices of the peace in this state. 3. All actions for arrears of rent 
 i. All actions of assumpsit, or upon the case, founded on any contract or liability, ex.- 
 preisa or implied. 5. All actions for waste, and all actions of trespass on land, and all 
 action* of trespass, except those of trespass for assault, battery, and false imprison- 
 ftient 6. All actions of replevin, and other actions for taking, detaining, or injuring 
 goods or chattels. 7. All other actions on the case, except actions for slanderous worda 
 and for libels. 
 
 All actions against a sheriff, except for the escape of prisoners committed on execu- 
 tion, for the negligence or misconduct of his deputies, shall be commenced within four 
 years next after the cause of action shall accrue. 
 
 All actions of assault and battery and for false imprisonment, and all actions for slan- 
 derous words and for libels, shall be commenced within two years next after the cause 
 of action shall accrue. 
 
 All actions for the escape of prisoners committed on execution shall be commenced 
 within one year next after the cause of action shall accrue. 
 
 No scire facias shall be served on bail, unless within one year next after judgment 
 rendered against the principal. 
 
 All a^^tions against an endorser of a writ must be commenced within one year next 
 after judgment entered in the original action. 
 
 None of the foregoing provisions shall apply to any action brought upon a promissory 
 note which is signed in the presence of an attesting witness, uor to an action brought 
 upon any bills, notes, or other evidences of debt, issued by any bank. 
 
 In all actions of debt or assumpsit brought to recover the balance due upon a mutual 
 and open account, the cause of action shall be deemed to have accrued at the time ot 
 the last item proved in such account. 
 
 If any person entitled to bring any of the before-mentioned actions, shall, at the time 
 when the cause of action accrues, be a minor, a married woman, insane, imprisoned, or 
 without the limits of the United States, such person may bring the actions within the 
 times respectively limited, after the disability shall be removed. 
 
 All personal actions on any contract not hmited by any of the foregoing sections, or any 
 other law of the state, shall be brought within twenty years after the accruing of the 
 cause of action. 
 
 When a writ shall fail of a sufficient service or return, by any unavoidable accident, 
 or by the default or negligence of any officer to whom it was delivered or directed ; or 
 when such writ shall be abated, or the action otherwise avoided and defeated, for any 
 matter of form, or by the death of either party ; or if a judgment for the plaintifi^ shall 
 be reversed on a writ of error, in such case the plaintiff may commence a new action 
 on the same demand within six months after the abatement or determination of the 
 original suit, or reversal of judgment in the same ; and it the cause of action by law 
 survives, his executor or administrator, in case of his death, may commence such new 
 action within said six months-. 
 
 No action shall be maintained against any person as surety in a replevin bond, unlesi 
 the writ be served on him within one year after the final judgment in the action of 
 replevin. 
 
 In suits by aliens, the time of continuance of war between the United States and the 
 country of which such alien is the subject is not deemed a part of the time limited for 
 the comroencoment of any of the before-mentioned actions. 
 
 In actions of debt or upon the case founded upon any contract, no acknowledgment 
 or promise shall be allowed as evidence of a new or continuing contract, whereby to 
 take any case out of the operations of the provisions of [these limitations], or to deprive 
 any party of the benefit thereof, unless such acknowledgment or promise be an expresa 
 one, and made or contained in some writing signed by the party chargeable thereby. 
 
 If there are two or more joint contractors, euch acknowledgment or promise, made 
 or signed by one or more, shall not deprive the other joint-promissor of the benefit of 
 the limitation. 
 
 If, at the time when any cause of action mentioned in this act shall accrue against any 
 person, he shall be out of the etate, the action may be commenced within the time herein 
 limited therefor, after such person shall come into the state ; and if, alter any cause of 
 action shall have accrued, the person against whom it shall have accrued shall be absent 
 fi-om and reside without the state, time of his absence shall not be taken as any pnrt 
 ot the time hmited for the commencement of the action. 
 
SPECIAL LAWS OF MAINE. l67 
 
 Real Actions and Rights of Entry. — No person shnll commcnec any reed or mizod 
 kcdon for the recovery of lands, or make an rntry thereon, unless within twenty yeara 
 ifler the ri|ht to make such entry, or bring such action, first accrued, or within twenty 
 years after lie or those under or from whom he claims, and ehall have been seized or 
 possessed of the promises, except as hereinafter provided. 
 
 If such right or title first accrued to an ancestor or predecessor of the person who 
 Drinks the action or makes the entry, or to any other person from, by, or under whom 
 be claims, the said twenty years shall be computed from the time when the right or 
 title so first accrued to such ancestor, predecessor, or other person. 
 
 If any minister, or other sole corporation, shall be disseized, any of his successors 
 may enter upon the premises, or may bring an action for the recovery of them at any 
 time within five yeara after the death, resignation, or removal of the person disseized, 
 notwithstanding the twenty years after the disseizin «hall have expired. 
 
 If, at the time when such right of entry or of action upon or for any lands shall first 
 accrue, the person entitled to such entry or action shall be within the age of twenty-one 
 years, or a married woman, insane, imprisoned, or absent from the United States, such 
 pt^rson, or any one claiming from, by, or nndor him, may make the entry or bring the 
 action at any time within ten years after such disability shall be removed, notwithstand- 
 Jig the twenty years before limited in that behalf shall have expired. 
 
 No real or mixed actions for the recovery of lands shall be commenced by or on be- 
 nalf of the state, unless within twenty yeara from and after the day ou which this act 
 •hall become a law, or within twenty yeara next after the time of the accruing of tlie 
 title to the state. 
 
 No person shall acquire any right or privilege of way. air, or light, or any other case- 
 ment, from, In, upon, or over the land of another, by the adverse use and enjoyment 
 Ihereofi unless auch use shall have been continued uninterrupted for twenty years. 
 
 No action for the recovery of any estate, sold under license by an executor, adminis- 
 tratir, or guardian, shall be maintained by any heir, or other person claiming under the 
 deceased testator or intestate, unless it be commenced within five years next after the sale. 
 
 No real or mixed action for the recovery of any lands in this state shsdl be commenced 
 or maintained against any person in possession of such lands, whore such person or 
 tho.-»e under whom he claims have been in actual possession for more than forty years,* 
 and claiming to hold the same in his or their own right — and which possession shall 
 nnvo been adverse, open, peaceable, notorious, and exclusive. 
 
 In real or mixed actions, if it appears that the tenant and tho«<» under whom he claims 
 hnvi' had notJirious and rxcluaive possession of the demnnded premlsf* for a period of 
 f )rty years iiKXt precediii? the commencement of the demandant's action claiming to 
 iii>ld the same adversely ngainst all persons in fee simple, and it is found hy a jury that 
 the t'oaut, and those under whom he claims, hav« so occupied, demandants recover no 
 
 Collection of Debts. 
 
 AkSKST. — No person shall be arrested on mesne process on any suit brought on any 
 
 tract, exprewi or implied, or brought on any judgment founded on such contract, 
 
 ept as provided in the following section : — 
 
 Any pcraon, whether a resident within this state or not, may be arrested and held to 
 
 bail, or conimi't' >l to pris'jn on mesne process on any contract, exnrcspod or implied, 
 
 n^ ''led amounts to ten dollars, or on a judgment founded on contract, 
 
 V lly recovered and still remaining due is t<;n dollars or more, cx- 
 
 ' iuch judgment, when he is about to depart and reside beyond the 
 
 I th property or means exceeding the tunount required for his own 
 
 1 rovidnd that the creditor, his agent or attorney, ehnll make oath 
 
 p' ;ifp, to be certified by such justice on the said procc9^ that he 
 
 kI does believe, that such debtor is about to depart and reside, 
 
 I ty or means as aforesaid, and that the demand in the said 
 
 I t thorc'of, amounting to at least ten dollars, is duo to him. 
 
 .•tract, or on a judgment on such contract, the original 
 ^- t tho body of the defendant, and ho may be thereon 
 
 V five bail. 
 
 ... .» . . .. .1^ -ity to saticfy 
 
 '•pt such ns 
 
 Mttacbmrnt 
 
 I'ltzii <>tji> jM....w.'-.v; m thisstato^ 
 
 alon may be attached on meere 
 
168 SPECIAL LAWS OF MAINE. 
 
 Deeds. 
 
 It is n^cppsary that they be ecnled with a seal in this state, but there need be but one 
 RtU'stmg witness nor nno.d the wife of the grantor be separately examined. They should 
 l)e acknowledged and immodiatrly recorded. 
 
 Acknowledgment.— The acknowledgment may be made before any justice of the 
 
 peace, judges of municipal and police courts (who may perform all acts and duties in 
 thru- respective counties which may be done and performed by justices of the peace) in 
 this state ; or any justice of the peace, magistrate, or notary "public, within the United 
 StMt^^B ; or any commissioner appointed for that purpose by the governor of this stJite ; or 
 betore any minister or consul of the United States or notary public in any foreign 
 
 Form of Acknowledgment. 
 
 State of Maine, > 
 
 County of Lincoln, J ' Bath, January 14, 18.51. 
 
 Before me then personally appeared John Doe and Susan his wife, in the forogoing 
 Instrument named, and acknowledged that they did sign and seal the same as their free 
 act and deed 
 
 JOHN JONES, Justice of the Peace. 
 
 Rights of Married Women. 
 
 Ant married woman may become seized or possessed of any property, real or per- 
 sonal, by direct bequest, demise, gift, purchase, or distribution, in her own name and 
 as of her own property ; provided it shall be made to appear by such married woman, 
 in any issue touchinsr the validity of her title, that the same does not in any way come 
 from the husband after coverture. 
 
 Hereafter, when any woman possessed of property, real or personal, shall marry, 
 such property shall continue to her, notwithstanding her coverture ; and she shall have, 
 •hold, and possess the same, as her separate property, exempt from any liability for the 
 debts or contracts of her husband. 
 
 Any married woman possessing property by virtue of this act, may release to the hus- 
 band the right of control of such property, and he may receive and dispose of the income 
 thereof, so long as the same shall be appropriated for the mutual benefit of the parties. 
 
 Any man-ied woman who is seized and possessed of property, real or personal, as 
 
 !)rovided for above, may commence, prosecute, or defend, any suit in law or equity, as 
 f she were unmarried, or jointly with her husband, but the person of such married 
 woman is free from arrest. In case of the decease of such married woman intestate, 
 her property, real and personal, shall descend to her heirs — but any married woman 
 may by will divide or bequeath any property belonging to her. 
 
 Any married woman seized and possessed of property, real or personal, can lease, sell, 
 or convoy the same by her separate deed, in her own name, as if she were unmarried ; 
 and the husband, or any person claiming under or through him, can not maintain any 
 action for the possession or value of property held or disposed of by her as aforesaid. 
 
 Rate of Interest. 
 
 The legal rate of interest is six per cent. If more be agreed to be taken, only legal 
 faiterest can be recovered. Usurious interest paid may be recovered back. 
 
 WiUs. 
 
 Tn this state a will must be in writing, signed by the testator, or by some person in 
 his presence and by his express direction, and shall be attested and subscribed in his 
 presence by three credible witnesses. 
 
 Fonn of Attestation answering for every State of the Union. 
 Signed, sealed, published, and declared, by the said John Doe, as and for his last 
 will and testament, in the presence of us. who, at the request of the said John Doe, and 
 in his presence and in the presence of each other, have hereunto subscribed our names 
 and respective places of residence as witnesses. 
 
 JOHN SMITH, Boston, (seal) 
 
 JOHN JONES, Boston, (seal) 
 
 DUNN BROWN, lloxbury. (seal) 
 
SPECIAL LAWS OF NEW HAMPSHiaE. 
 
 109 
 
 NEW HAMPSHIRE. 
 
 Constitution adopted 1792.— Square Miles 941L— Population in 1850, 317,997. 
 
 Exemptions. 
 
 There is exempt from sale on execution wearing np- 
 parel nt-cessary for the use ofthe debtor and his family, com- 
 fortable beds, bedstead."?", and bedding, necessary for the 
 debtor, his wife and children, household furniture to the val- 
 ue of twenty dollars ; the bibles and schoolbooks in use in 
 the family, one cow, and one and a half tons of hay, 
 
 tools of his occupation to the value of twenty dol- 
 lars ; six sheep and the fleeces of the same, one cooking 
 stove and tlie necessary furniture belonging to tJie sanies 
 provisions and fuel to the value of twenty dollars, the 
 oniform, arms and equipments of eveiy officer and private in the militia, bis inter- 
 est in one pew ;ji any meetinghouse in which he or his family usually worship, 
 and his interem ixj one lot or riglit of burial in any cemetery. (See page 155.) 
 
 Mechinica' Lien. 
 
 If any person nhall perform any la!>or or furnish any materiala toward building, 
 repairing, fitting or funjishing any vessel, payment for which is due, he shall have 
 a lien tlRfefor on such vessel for the 8[)ace of four days after the vessel is com- 
 pleted. Such lien may be secured by attachment of the vessel within said four 
 days, and such attarhment shall have precedence of all other attachments and 
 cliiims, excAipt the lien for mariners' wages. 
 
 If any person under any written contract, shall furnish any labor or materials 
 for erecting, repairing, or altering, any building, he shall have a lien thcrt^for upon 
 ■och hons<3 or building and ujton tlie interest of the person for whom such labor 
 and material/ are famished, in the lot of land on which it stands, for the space of 
 thirty days after the payment of said labor or materials sliall become due by 
 said contract Bur-h lien shall not attach unless such contract is made in writing, 
 exprcrtsing the terms thereof fully, and a true copy of the same left with tlio town- 
 clerk of the town in wliich such house or building is situate. 
 
 Such lien may l»e secured williin the thirty days aforesaid, by an attachment of 
 su<-h buii.litig and land, and such attachment shall have precedence of all attnch- 
 m4*nui made where no such lien exists, after llie fJiujj of such contract with the 
 lowuclerk. 
 
 If the land on >^ hich snch building \n situate, or to be erected, is under mort- 
 age or attachment at the time of filing the copy of the contnict as aforesaid, such 
 'prior mitrtuHnne, or attaching creditor shall be preferred to the extent of the val- 
 ue of the land and building at that time. 
 
 If two or mon; |>cr8ona havincr such lien upon the same property, shall secure 
 iIkj same by attachment, lljcy shall severally hold according to the priority of their 
 fri'vcral liens. 
 
 If tlw; owner of such land or building shall have failed to perform his nart of 
 , any such contract, by reanon whererif the other party shall withont his default, 
 liave l)oen prevented from completing such contract, the latter shall have a lien on 
 •uch buildine and land for such flum as is his due for what lu; has done. 
 
 Ai<y lien afoi-esaid may be discharged at any time by the paj'mcnt or tender of 
 titet amount due, together with tlie costs of any attacfmicnt made to secure tbo 
 ;tamo- 
 
 Tlifse provisions shall not be in f<»reo in any town, tinleas ad )pted by Bticlj 
 At aotne meeting caJk'd fur iliat purpoac 
 
 15 
 

 170 
 
172 SPKCIAL LAWS OF NKW HAMPSHIRE. 
 
 Homestead-Exemption Law. 
 
 From nnd after the first day of January, A. D., 1852, the family honiestpad of the head of 
 each Ikniily eliall be exempt from aiiacliment imd levy or sale' on exccul ion on any jud^. 
 Oient rendered on any cause of action accniinj,' after the taking effect of this act: piovided 
 eucli homesiead shall n(Jt exceed in value five hundred dollars. Sticli homestead shall 
 uot be assets in the hands of an administrator for the payment of debts, nor subject to 
 llie laWH of distribution or devise, so Ions: as the widow or minor children, or any or 
 either of them, shall occupy the same; and no iel'.Mse or waiver of such exemption shall 
 be valid unless made by deed executed by the hiisliand and wife, with all the formalities 
 vetjuired by law for llie conveyance of real estate; or if the wife be dead, and there be 
 minor children, by such deed executed by the husband, with the consent of the judge of 
 probate for the county in which the land is, indorsed on said deed. 
 
 Such exemption sliall extend to any interest which the debtor may own in such home- 
 stead, an(i to any interest in any buildiner occupied by him ag a homesiead, standing on laud 
 
 not owned In' him to an amount not exceeding five hundred dollars. 
 
 The sheriff executing any writ of execution, founded on any judgment sucn as is men- 
 tioned above, on application of the del>tor or his wife, if such debtor sliall tiave a family, 
 
 and if the lands and tenements aliout to be levied on, or any part thereof, shall be the home- 
 stead or estate thereof, shall cause a homestead such as the (lel)tor may select, not exceed- 
 ing five iiundred dollars in value, to be set off to the debtor in the manner following, to wit. 
 he shall cause three appraisers to be appointed, one by the creditor, one by the debtor, and 
 one by himself, who shall be discreet and dieinierested men, residents in the county, and 
 siiall be sworn by a justice of tiie peace impartially to appraise and set of!" by metes and 
 bounds a homestead of the estate of^ the debtor, such as he may select, not exceeding five 
 hundred dollars in value; and the set-oft" and assignment so made as a^'oresaid liy tlie np- 
 pruisers shall be returned by the sheriff, along with the \vrit, for record in court ; and if no 
 complaint shall be made by either party, no further proceedings shall be had against the 
 homestead : but the remainder of the debtor's land and tenements, if any more he shall 
 have, shall be liable to levy or sale on execution in the same manner as heretofore provided 
 by law ; provided that upon good cause sliown, the court out of which the writ issued may 
 order a re-appraisement and i^e-assignment of the homestead, either by the same appraisers 
 or others appointed by the court, and under such instructions as the court may give ; and 
 such appraisement shall be made and relumed to said court as aforesaid. 
 
 When the homestead of any head of a family, being a debtor in execution, shall consist 
 of a house, or a house and lot of land, which in the opinion of the appraisers can not be 
 divided without injury and inconvenience, they shall make and sign an appraisal of the 
 whole value thereof, and deliver the same to the officer having the execution, who shiill 
 deliver a copy thereof to the execution-debtor, or some member of his family of sunicienl 
 age to understand tiie nature thereof, with a notice thereof attached, that unless the execu- 
 tion-debtor sliall pay to said officer the surplu8,over and above the five hundred dollars, 
 within sixty days thereafter, said premises will be sold ; and in case such surplus shall not 
 be paid within the said sixty days it shall be lawful for the officer to advertise and sell the 
 SHine at auction, by posting up notices of the time and place of sale, with a description of 
 the premises, in two or more of the most public places in the town where the same is situ- 
 ate, and a like notice in the next adjoining town, thirty days prior to the sale; and out of 
 the proceeds of such sale to pay the said execution-debtor,'with the written consent of hia 
 wife, the sum of five hundred dollars; provided, however, if the wife of such debtor shall 
 not consent to such payment, the sheriff or officer having such proceeds shall deposite said 
 Btim t)f five hundred dollars in some savings institution in this state, to the credit of said 
 debtor and wife; and the same may he withdrawn therefrom only by the iointorder of the 
 luisband and wife, or by the surviver in case one should decease; and the same shall be 
 exempt from attachment and levy of execution for the term of one year from the time it 
 shall be paid order.osiied as aforesaid. And the said sheriff' or officer shall apply the balance 
 of said proceeds on the execution, or so much tliereof as shall be necessary to satisfy tlie 
 same ; provided that no such sale shall be made unless a greater sum than five hundred dol- 
 lars shall be bid therefor, in which case the officer shall retain the execution for want of 
 property, with a certificate thereon of his proceedings. 
 
 Tiie provisions of this act shall not extend to any judgment rendered on any contract 
 made before the taking effect of this act, or judgment rendered on any note oi mortgage 
 executed by t!ie debtor and his wife, nor any claim for labor less than one hundred dollars, 
 no: to impair the lien by mortgage of the vender for the purchase-money of the homestead 
 -.1] question, no? of any mechanic or other person, under any statute of this state, for any debt 
 contracted foi or in aid of the erection of the buildingsl^ nor from the payment of"taxeg 
 due thereon. 
 
 No conveyance or alienation by the husband of any property exempt and set off" as afore- 
 said, shall be valid unless the wife join in the deed of conveyance ; provided, however, 
 tliat such husband may without the consent of his wife, mortgage such homestead, at the 
 time of the purchase thereof, for the payment of the purchas<;-money. 
 
 The provisions of this act shall not be so construed as to uffeit any property frcudulenUv 
 purchased by tlie debtor, when in insolvent circumstaucea. 
 
 New IlAMPsiiiRr:, rt/iproiicd Julv 4 laSl. 
 
SPECIAL LAWS OF NEW HAMPSHIRE. ]^73 
 
 Limitation of Actions. 
 
 No acti«)n for the recovery of any real estate shall be maintained, uuless such 
 action is brought within twenty years after the right first accrued to the phiinlilC 
 »r to any person under whom he claims, to commence an action for Uie recovery 
 tbereof. 
 
 If the person first entitled to maintain an action for the recovery of such real es- 
 tate was within the age of twenty-one years, a married woman, or insane, at iho 
 time such right accrued, such action may be commenced within five years after 
 such disability is removed. 
 
 Actions for words, and for assault, battery, wounding, or imprisonment, shall be 
 brought within two years after the cause ot action accrued, and not afterward. 
 
 All other personal actions shall be brought within six yeai-s after the cause of ac- 
 tion accrued, and not afterward. 
 
 Actions of debt (bunded upon any judgment or recognizance, or upon any con- 
 tract under seal, may be brought within twenty years alter the cause of action ac- 
 crued, and not afterward. 
 
 Actions upon notes secured by mortgage, may be brought so long as the plaiu- 
 tiir is entitled to commence any action upon the mortgage. 
 
 Wriu of error may be commenced witlnn three years after judgment, rendered, 
 and not afterward. 
 
 Any infant, married woman, or in.sane person, may commence either of tlie per- 
 ■onal actions aforesaid, within two years after such disability is removed. 
 
 If the dffcn«iHnt, at the time the'cause of action accrued, or afterward, was ab- 
 sent from or residing out of the state, tlie time of such absence shall be excluded 
 in tlie computation of the several times before limited for the commencement of 
 persona] actions. 
 
 If judgment shall be rendered against the plaintiff in any action commenced 
 within the times before limited, or upi)n any writ of error brought th<^reon, he may 
 conimeiice a new action thereon within one year ihereal'ter, in case his right of ac- 
 tion is not barred by such judgment. 
 
 Collection of Debts. 
 
 Abrxst. — No female •hall be arrested or imprisoned upon any writ in any ac- 
 tion (bunded on contract. 
 
 No perwin sliall be liable to arrest on mesne process in any real action or action* 
 of eject mcnt. 
 
 No person shall be arrested or imprisoned on any writ in any action founded on 
 a contract unless the debt or damage for the recovery of which such action may 
 be brought, exclusive of all the costs, ehall exceed tlie sum of tliirtccu dollars and 
 thirty-three cents. 
 
 No person sliall be arrested upon any writ or execution founded on a contract 
 Boade after the first day of March, eighteen hundred and forty one, unless tho 
 plaintiff or some penson in his behalf shall make an afiidavit before a justice, on 
 the back of such writ, that in his belief the defendant is justly indcbtc*! to him 
 In a certain sum exceeding thirteen dollars and thirty-three cents, and that he 
 conceals hi» property so that no attachment or levy can be made, or there is pood 
 reason to Wieve lie is a\>ont to leave the state, to avoid the payment of kis flchts. 
 
 If any person nliall be committed to prison by the ollicer or his bail, or ujjnnsur- 
 rcmlcr by his bail, he shall, unless he shall be bailed Inifore the judgment, be lield 
 in prison until the expiration of thirty days after the rendition of Kuch jud'-'nienl 
 for Ums ]>lainti(r as exc«?ution may issue upon, unless sooner legallj diwliarged. 
 
 Attachment.— All nropfrrty. real and personal, which is liable lo Ic taken in 
 execution, may be attached and held as security fur the judguieut the plaiotiH' laay 
 recover. 
 
174 SPECIAL LAWS OF NEW HAMPSHIRE, 
 
 Chattel Mortgages. 
 
 Possession of the mortgaged property must be delivered to, and retained by the 
 mortgagee, or the mortgage must be recorded in the oflice ol the clerk of the town 
 in which the mortgager resides at the time of making the same. 
 
 Each mortgager and mortgagee, shall make and subscribe an affidavit in sub 
 stance as follows : — 
 
 ^ We severally swear that the foregoing mortgage is made for the purpose of secu 
 ring the debt specified in the condition thereof, and for no other purpose whatever, 
 and that said debt was not created for the purpose of enabling the mortgager to 
 execute said mortgage, but is a just debt, honestly due and owing from the mort 
 gager to the mortgagee. 
 
 Every such aifidavit with the certificate of the justice who administered the 
 oath shall be made upon or appended to such mortgage, and recorded therewith. 
 
 No mortgager of personal property, shall sell or pledge any such property, by 
 him mortgaged, without the consent of the mortgagee in writing, upon the back 
 of the mortgage, and on the margin of the record thereof, in the office where such 
 mortgage is recorded. 
 
 No mortgager shall execute any second or subsequent mortgage of personal 
 property, while the same is subj-^ct to a previously existing mortgage given by such 
 mortgager, unless the fact of the existence of such previous mortgage is set forth 
 In the subsequent mortgage. 
 
 If any mortgager shall be guilty of any offence specified in the two preceding 
 oaragraphs, he shall be punished by fine, equal to double the value of the property 
 so wrongfully sold, pledged, or mortgaged, one half to the use of tlie party injured, 
 and the other half to the use of the county. 
 
 Law Regulating Contracts. 
 
 Ntf action shall be maintained upon any contract for the sale of lands, unless tl^e 
 agreement upon which such action shall be brought or some memoranduji thereof 
 is in writing, and signed by the parties to be charged there witli, or by bome odier 
 person thereunto lawfully authorized by writing. 
 
 No action shall be brought in the following cases: — 
 * 1. To charge any executor or administrator upon any special promise to answer 
 damages out of his own estate ; 
 
 2. To charge any person upon any special promise to answer for the debt, de- 
 fault, or miscarriage of another person.* 
 
 3. To charge any person upon an agreement made upon consideration of mar 
 riage; 
 
 4. To charge any person upon any agreement that is not to be peiformed within 
 one year from the time of making it; 
 
 Unless such promise or agreement or some memorandum or note tliereof is in 
 writing and signed by the party to be charged therewith, or by some person tlvere, 
 unto by Iuti lawfully authorized. 
 
 No action shall be brought upon any contract Tor the sale of any goods, waref, 
 or merchandise, for tlie price of thirty-three dollars, or ujjward, and no such con 
 tract shall be valid unless the buyer shall accept part of the property so sold and 
 actually receive the same, or give something in earnest to bind the bargain, or in 
 part pajnnent, or unless some note or memorandum in writing of the said bargain 
 be made and signed by the parties to be charged by such contract or their agents 
 thereunto lawfully authoiized 
 
SPECIAL LAWS OF <EW HAMPSHIRE. 17«> 
 
 Deeds. 
 
 EvKRY deed or other conrpynnce of real estate pliall bo eignnd KtA sealed by the par- 
 ty erwiitine Hie pnnie. atfeHed by two or more witne?gri3, ncknowWij^rd l)y such prantor 
 Inrfore n justice of the pence, iiotary-public. or cominiss-uiii-r, or before a miiiister or 
 consul of tb*' United states in a foreign cf>untry. and recorded nt length in the n'sjistry 
 of deeds in the county 'ii wbich such lands lie. A seal should be used. The wjfeneed 
 dot be Bepnrately examined, llie form of acknowledgment is aa follows : — 
 State of New Hampshire, t 
 
 County of Merrimntk, ) Cone.ord. November 1, 185S. 
 
 Tlieu i>ers()nHlly appeared John Doe and Sv^XK his tcife, in the foregoing iustmraent 
 naoied, and acknowledged the piune to be their tree act and deed. 
 
 Before me, JOHN JONES, Justice of the Peac£. 
 
 Rights of Married Women, 
 
 At any time before marriage the parties thereto may enter into a written contract^ 
 that nhor marriage the wife niny bold the whole or any designated portion of her per- 
 sonal or r(>al estate, or rights of action, to h<>r sole and separate use, free from the inter- 
 f<!r«-nceor control of her husb-.ind, and she sbiiU hold, possess, and enjoy, the same ac- 
 cordingly. If real rstate be included in such contract, it must be recorded in the y»ia- 
 try of deeds for the county where situate. 
 
 Any dirvise, conveyance, or bequest of properly, real, persona!, or mixed, may bo 
 miide to any married woman, to be held by her without the interv.-ntion of a trustee, 
 to her sole and separate use, free from tlie interference or control of her bu:«band ; and 
 she Fh^ll hoM, po-sess, and enjoy the estate so piven, devised, convoyed, or bequeathed, 
 accordingly ; and shall in like manner hold any property she may receive under any 
 do«?d <irti-«''t made before or after her marriage. 
 
 Wlionever any married woman shall be entitled to hold propi^rty in her own right, 
 and to her separate use, she may make contracts, may sue and be sued in her own numo 
 and may di*pf>«e of said property, by will or otiierwise, as if she wore sole and unmar 
 tied; and if she shall decease intestate, her husband shall be excluded from any shara 
 in her said estate, and such estate shall be aduiiuiatercd and inherited in the same inab 
 ucr as if she were sole and tinmarried. 
 
 Any married woman of full age may join with her husband in any conveyance of real 
 estate, and aojr married woman may join with her husband in release of dower, al- 
 though she is not of full age. 
 
 Any married woman, <>! the aire of 21 years or upward, and of sane mind, who may 
 be seized in her own right of any real estate in tills state, shall have power to give, de- 
 rise, and dispose of, the .^nme by will in writing, to any devisee therein named, except 
 her hu.^bnnd. which will, when signed and sealed by the devisor, and duly attested and 
 •»iliecril>ed by three credible witnesses thereto, in hfT presence, and executed with flie 
 fortniifit'.* now roqiiired by law in other cases, shall be )>roved and allowed by the courts 
 of I ' '- -tate, and shall 1)0 eft»«tual in dielrilxiting the estate devi8*j<l according 
 
 to 1 1 •' the devisor; provided, tliat any such will shall in no case afhct in- 
 
 jtii : Is iioquired by the husband in any estate: so devised, by virtue of the 
 
 nii.rii-.- . .,..1.,,, t. 
 
 If a miirri»-d wotnnn wisliefl to elve bor rcnl estate to her husband, siic must convey 
 It to hitn l»y deiid duriuj; her lifetime. 
 
 Dower.— 'I be widow of every person deceased shall be entitled to one third part of 
 the lands, with the tenements tbereon, wbich were during tlv marriage anil seizin of 
 the biisbiind. in n state of CTtllivation, or were used or kept as n wood and timber lot, 
 •n<l occupied with some farm or tenement owned by the husUoid, uuIcbb she shall have 
 relinquished her right ia legal form. 
 
 Rate of Interest. 
 
 The lejral rate 5« six percent., and if more be taken, the party forfeitf three times tlw 
 amount unlawfully taken. 
 
 I 
 
 Wills. 
 
 WtiM should he In writing, signed and sealed by the testator or by soinft person 
 fa his prcsenw!, and by his express direction, and att/sted and subscribed in Imi pros- 
 ciiee by three or more credible wilnesse* when they dispose of real estate; out two 
 wUaeMcs ore required to a ««l| disposing ofpertonai i»«Uito oiiUf. 
 
.X7G 
 
" ■f 1 1 H © 1 f . ^ 
 
178 
 
 SPECIAL LAWS OP VERMONT. 
 
 VERMONT. 
 
 Coustitution adopted 1793.— Square Miles, 10,212.— Population in 1850, 3iy,45L 
 
 "<:SJMi_ 
 
 Exemptions. 
 
 There ia exempted from sale on execution such 
 Buitahle apparel, bedding, tools, arms, and articles of 
 household furniture, as may be necessary for uphold- 
 ing life ; one cow; the best swine, or the meat of one 
 Bwine ; ten sheep, and one year's ptorluctof said sheep 
 in wool, yarn, or cloth ; forage sufficient for keeping 
 not exceeding ten sheep and one cow through one 
 winter ; ten cords of firewood ; five bushels of grain ; 
 twenty bushels of potatoes; such militnry arms and 
 accoutrements as the debtor is required by law to fur- 
 nish ; and all growing crops : also the bibles and other 
 books used in the family ; and five bushels of grain in 
 
 addition, and three swarms of bees and hives, together with their pro<iuce in 
 
 honey, and 200 pounds of sugar. 
 
 Homestead-Exemption Law. 
 
 The homestead of every housekeeper or head of a family, residing in this 
 state, to the value of five hundred dollars, such homestead consisting of a dwel- 
 ling-house, outbuildings, and lands appurtenant, occupied by such person as a 
 homestead, and the yearly products thereof shall be exempt from attachment 
 and execution, in all cases where the contract shall be made or the cause of 
 action shall accrue after the first day of December, one thousand eight hundred 
 and fifty, except as hereinafter provided. 
 
 Whenever the real estate of such housekeeper or head of a family shall be 
 levied upon by virtue of any execution, such portion thereof as may be occupied 
 by him as a homestead, and as he may then elect to regard as such, to the value 
 of five hundred dollars, in case such person is entitled to hold the same exempt 
 from said execution, shall be set out to him by the appraisers on said execution, 
 uy)on their oaths, and the remainder only shall be set oft' to the creditor, therein, 
 and such homestead shall be set out in the same manner as is now provided by 
 law for the setting off" of lands on execution 
 
 If any such housekeeper or head of a family shall decease, leaving a widow, 
 his homestead, of the value aforesaid, shall wholly pass to his widow, and chil- 
 dren if any there be, in due course of descent, without being subject to the pay- 
 ment of the debts of the deceased, unless made specially chargeable thereon, or 
 for taxes assessed thereon. 
 
 Such homestead shall not be alienated or mortgaged by the owner thereof, if a 
 married man, except by the joint deed of such husband and wife, executed and 
 acknowledged in the manner provided for the conveyance of the lands of mar- 
 ried women: Provided, however, that such husband may, without the consent 
 of his wife, mortgage such homestead, at the time of the purchase thereof, for the 
 payment of the purchase-money. 
 
 Such homestead shall be subject to attachment and execution upon any con- 
 tract that may be made, and for all matters and causes of action which may 
 accrue, previous to or at the time of the purchase of such homestead, and shall 
 be subject to sale for non-payment of taxes assessed tlrereon ; and the tiirje when 
 the deed to the owner of such homestead shall be left in the town-clerk's oflice, 
 for record, shall be deemed the time of the purchase thereof for the purpose men- 
 tioned in this act. 
 
SPECIAL LAWS OF VER.MOiXT. 179 
 
 Tin' prohntfl c'utrt may authorizR the gfunrdian of nny insane manie.l womnn, under 
 tlu! leyuliiticjii-i now provided by law lor tho sxle, by guardians, of the real cstfite ot their 
 wards, to sill and convey the inrerest of his ward in the homestead of her husband, when 
 ever auch sule shall be deemed conducive to the interest of such insane married womau 
 
 Mechanics' Lien. 
 
 Ant person who chall perform any labor or furnish materials in this state for or tow- 
 ard the buildiiiL', repiiiring, fitting, or furnishing, any ship, vessel, or st-'amboat, shall have 
 a lii'n on the same for his" was:<>8~and materials so furnished until four months after the 
 ship, vessel, or steamboat, shall be completed, and may secure the same by attachment 
 on such ship, vessel, or steamboat, which shall have precedence of all other attachnn.'nts 
 and clHims. 
 
 Before such lien shall attach or be in force, such person shall have n just and le^al 
 claim for his services performed or materials furnished, and shall demand payment of 
 the came of the owner, a^ent, contractor, or person, in whose cure such ship, vessel, or 
 Bteamboat, may be ; and in case such person, having a lien as aforesaid, shall demand 
 more than is due to him, such owner, agent, contractor, or person, in whose care such 
 ehip, vessel, or steamboat, may be, may tender or nay to such person the just and full 
 amount due him for his labor or materials furnished as aforesaid, and fully and abso- 
 lutely discharge such lien. 
 
 When any contract or agreement shall hereafter be made in writing for erecting, re- 
 pairing, or all<>rin°;, any house or other building in this state, or for furnishing labor or 
 Miateriids for the puipo'es aforesaid, the person proceeding in pursuance of such con- 
 tract or agreement shall have a lion to secure the payment of the satne, upon such house 
 or building ami the lot of land on which the same sbuids, and the lien hereby created 
 shall continue in force for the space of three months from the time when payment shall 
 b<pome due for the work, labor, or materials, furnished as aforesaid. 
 
 No person slinll have a lien upon any house or other buililing, until he lodge in tliO 
 town-clerk's office of the town where such house or other building it situated, a copy of 
 the contract under which he is erecting, repjiiiing, or altering the same, and cause to be 
 then- recorded a di-chirntidn, signed by liio), of his intention to claim such lien. 
 
 Within three months afii^r payment shall become due to him under such contract, stjch 
 person may commence his action for the 8«me, and cause said house or other building 
 to be attjictied thereon in dm; cours*^ of hiw, and if he shall obtain judgment in the suit 
 •o institutf (I, the record of such judgin<mt shall einbrace a brief btateuK-nt of the contract 
 upon which the same was founded ; and the plaintitr may, within five months after tlio 
 date of such judgment, cauxe a certifietl copy of the reconl of such judgment to be re- 
 corded in the town clerk's office of the town where such house or other building is situ- 
 ated ; and such house other building shall be thereupon holdi;n for the amount due upon 
 •uch judgment, to«ether with the cost of the copy of the record of the judgment an(t re- 
 cording, 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-clork'a 
 office as herein provid<*d ; and the tilaintiti'aiiHll have the same retU'dy to obtain posses- 
 •ioB and to foreclose the defendant s equity of redemption, and perfect bia own title, as 
 lu caae of a mortgage. 
 
 La'w regulating Contracts. 
 
 No action In law, or equity, shall be brought in nny of the following cnse^ : — 
 1. To charge an executor or ndministriitor upon any special proiiii-e, to answer 
 damages out of hi« own estati; ; or, 2. To cliarpn any piirson, iipoTi imy special promise, 
 to an-wer for the debt, default, or misdoings of another ; or, 3il. To charge nny person, 
 upon any ngre^ment made upon consideration of marriage ; or, 4th. U|>on any contract 
 for the sale of lands, tenements, or hereditaments, or of nny interest in or conctnuug 
 them ; or, 5. Upon any agreement that is not t«) be performed within one year (rom the 
 making thereof; unless the promise, contract, or agreement, u|K)n which such nctlon 
 shall bi! brought, or some memorandum or not»! thereof, shall be in writing, anri signed 
 by tJie party to be chnrgnd therewith, or by some person thereunto by him lawfully nu- 
 IhorireH ; and if thff contract or agreement rclnt«» to tlie sale of real estate or any inU'ivst 
 I' iity shall be Conferred in writing. 
 
 • i-ale of nny goods, wares, or merchandise, for the price of forty 
 
 . 1 be go<>d or valid, unless the purchasw-r shall accept nnd receive part 
 
 oi wr Koo.., »o «oi.i. or shall give somelhiug In enrnegt to bind tin; bargain, or in part 
 
 payment, or unless some note or mcuiorttuJum of the bargain bo uiado In writing, and 
 
ISO SPKCIAL LAWS OF VKR-\IO.\T. 
 
 eigncfJ by ttie party to be charged thereby, or by some person thereunto by him JawfuTIj 
 nuthoiizt^d. 
 
 No Htlion shall bn brfniglit to chnree 8iiy person, wpon or by )ensf)n of any ropresenta* 
 tion orashnraiicc; made coiicernjnj,' the character, concluct, credit, abiUty, trade, or deal- 
 iiiirs, of any other person, unless such representation or assurance be made in writing, 
 and signed by the party to be charged thereby, or by some person thereunto by him 
 lawfully authoiized. 
 
 No moitgaije of any machinery used in any factory, shop, or mill, hereaft^-r made, shall 
 Ix! vidid tijrianst any other person than thf' parties thereto, unless poissession of the mort- 
 gagrd machinery be delivered to and retained by the mortgagee. 
 
 Assignments. 
 
 Ai,L general nssignments made by debtors for the benefit of creditors shall be null and 
 void as against the creditors of said debtors. All assignments hereafter made of prop- 
 erty, including choses in action, by debtors for the benefit of creditors, shall l>e in writing 
 and signed by the debtor ; and in case real estate is assigned, it shall be by deed, exe- 
 cuted and recorded conformably to the laws relating to the conveynnce of real estat(\ 
 
 The assignor and assignee shall file in the county clerk's office in the county where the 
 assignment is made and the property is situated, a true copy of the assignment and of tiie 
 inventory of property assigned and of the list of creditors to be benc-fited by the assign- 
 rnent, within ten days from the lime of the executicm of the assignment. 
 
 All assignments made alter January 1, 1856, shall bo for the benefit of all the creditors 
 of the assignor, in proportion to their respective claims, anything in such assignment to 
 the contrary notwithstanding. 
 
 Limitation of Actions. 
 
 No nctioti for the recovery of any lands, or for the recovery of the possession thereof, 
 shall be maintained, unless such action i-; commenced within fifteen years next after th«3 
 cause of action first accrued to the plaintiff' or those under whom he claims. 
 
 No person having right or title of entry into houses or lands shall thereinto enter but 
 within fifteen years next after snch right of entry shall accrue. 
 
 The following actions shall be commenced within six years next after the cause of oc- 
 tion acfruod, and not after: 1. All actions of debt founded upon any contract, obligation, 
 or liability, not under seal, excepting such are brought upon the judgment or decree (;f 
 Bonie court of record of the United States, or of tUs or some other folate. 2. All actions 
 upon judgments rendered in any coui-t, not being a court of record, '.i. All actions of 
 debt, for arrearages of rent. 4. All actions of account, assumpsit, or on the case, founded 
 on any contract or liability, expressed or implied. 5. All actions of trespass upon land, 
 6. All" actions of replevin, and all other actions for taking, detaining, or injuring goods or 
 chattels. 7. All other actions on the case, except actions for slanderous words and for 
 libels. 
 
 All actions for assault and battery and for false imprisonment shall be commenced 
 within thrt'e years next after the cause of action shall accrue, and not afterward. 
 
 All actions for slanderous words and for libels shall be commenced within two years 
 next aftpr the cause of action shall accrue, and not afterward. 
 
 All actions /igainst sherifls for the ndsconduct or negligence of their deputies, shall be 
 commenced within four years next after the cause of actton shall accrue, and not after- 
 ward. 
 
 None of the foregoing provisions shall apply to any action brought upon a promissory 
 not^« which is signed in the presence of an attesting witness, but the action in such case 
 ehal! be commenced within fourteen years next after the cause of action shall accrue 
 thereon, and not afterward. 
 
 All actions of debt or scire facias on judgment shall be brought within eight years next 
 after the rendition of such judgment ; and all actions of debt on specialties within 
 eight years after the cause of action accrued. 
 
 All actions of covenants other than the covenants of warranty and seizin, contained in 
 deeds of conveyance of lands, shall be brought within eight years after the catJse of 
 action accrued, and not aft>'r\vard. 
 
 All actions of covenant l>rought'on any covenant of warranty contained in any deed 
 of conveyance of land shall bo brought within eight years next alter there sli^dl Inive 
 been n final decision against the title ot the covenanter in such deed ; and all actions of 
 covenant brought on any covt.-ntuit of seizin contained in any such deed, shall be brought 
 witliiii fifteen years next after the ca.ise of action shall accrue, and not afterward. 
 
 When any pcrsop shuU bo disabled to prosecute an actiuu in the cuurts of thid state by 
 
SPECIAL LAWS OF VKIIMOAT. 181 
 
 T»'a»on of hia being an aliPH nibject, or citizen of nny country at war with thu United 
 SlHtf:!, the time ot tlic confinuaif^l of such wwr shall not be (]e»nied any part of the re- 
 epictive peiiodd heroin liuiited lor the conimeJicement of any ot tlie actions before men 
 tioiied. 
 
 If. nt the time when any cause of nction of a personal nature, mentioned in this net, 
 Bhiill Hc-criie ngfiinsl any pi rson. he shall be out of the stale, the action mi^y be com- 
 m need within the time herein limitt>d therefor, after such per.^on shall come itijo«the 
 state ; and if, after any cause of action <-hall have accrued, and before the statute has run^ 
 th<' person apaiiifrt whom it has accrued bhall be absent Irom and reside out of the state, 
 and shall not hiive known property within this state which could be attached, the timo 
 oi his absence shiiU not be taken as any pnrt of the lime limited for the commencement 
 of the action. The provisions of this B»cti()u shall not be construed to extend to any 
 cause of action which accrued in any other etjite, or government, where the parties 
 th«reto, at the time such cause of action accrued, were residents of any other state or 
 gorernment. 
 
 All acii ns apainst any town, or town-clerk, to recover damages for any neglect or de- 
 fault of duty of any town-clerk, in relation to or concerning any df^ed, execution, or 
 other instrument, delivered to him, or left in his office for record, may and shiill bo 
 brought wiihin six years next after there shall have been a final dtcision at law or in 
 equity against the title, right, or claim, of the parly under such deed, execution, or in- 
 BtruMifnt and not nfbr. 
 
 If, in any action duly commenced within the time limited and allowed therefor, tho 
 writ fail if a suffitic nt service or return, by any unavoidable accident, or by any default or 
 neglect ol the officer to whom it is committed, or if the writ shall lie abated, or the ac- 
 tion otherwi»<' defeated or avoided by the d(>nth of any party thereto, or for any matter 
 of foi m ; or if, aft«'r verdiel for the plaintift* the judgment shall be arrested ; or if a judg. 
 im nt for the plaintiff shall be reversed on a writ (if error or on execution, the plaintiff 
 niny commence a new action for the same cause at any time within one year alter the 
 abtttcment or other ditcrmination of the original suit, or after the reversal of the judg- 
 ment thereon ; and if the cause of action survive, fiis executor or administrator may, iu 
 cace of his death, commence such new action within the said oue year, or within ona 
 yeur after letl«'r« shall have be<!ii granted. 
 
 Whenever the commencement of any suit shall be stayed by an Injunction of any 
 court of equity, the time during which such injunction shall be in force shall not be 
 dremed any portion of the time limited for the commencemenl of such suit. 
 
 If any person, entitled to bring any action in this act specitted, shall, at the time when 
 tlic CMUKc of action acciues, be u min<ir, or a married woman, insane, or imprisoned, such 
 person may bring the said action within the times respectively limited alter the disiibilily 
 ■ball be removed. 
 
 None of the provisions of , this net snail apply to suits brought to enforce payment on 
 bills, notes, or other evidences of debts, ixsued by moncytd corporations. 
 
 All the provisions of this act shall apply to the case of a debt or contract alleged by 
 Way of set-off, and the thne of limitation of puch debt shall Ih« compute<l in like manner 
 M if an aciion had been commenced therefor at the time when the plaintilf's action woa 
 conmicncod. 
 
 If one of two or more joint contractors make such written promise or acknowledg- 
 ment, it shall not alTuct the other joint contractors. 
 
 Collection of Debts. 
 
 AsBKST. — No female shall be arrested or Impiisoned by virtiio of any mesne proce«i 
 which shall issue in an action founded on contract, nor by virtue of any execution which 
 •IimII issue on a jmlgmcnt recovered in any such action. 
 
 No |K»r(>on, who is a resident citizen of this state, or of any other of the United States, 
 ahnll Iw arn-ht.'d or imprisoned by virtue of any mesne process, which shall issue in an 
 IK tiiiii f -luiil'd on any contract, express or implied, made or entered into alt«?r the first 
 (1 ly i.t J iiiuiry, A. D. 18.'19, nor by virtue of an exicuticn, issued on a judgment recov- 
 rii i ui nil a< tKin founded on any such contract : jrrovided, lliat if ttie plaintifl', his agent, 
 or iiitoriiiy, praying out H writ on any such contract, shall file with thu authoriiy iHsuing 
 •ucii writ, an affidavit stating that he has gocMi reason to believe, and does believe, that 
 tlic del.niliiiit is aliout to almcond or nrinove from the state, and has secreted about hia 
 
 jx • ' ' •• ' ' ■■ V or oiher prn|).«rty, to an amount exceeding twenty dollara, 
 
 iiiand upon which he is to be arreste.l, such writ may isouu 
 :■■ 1 b.: »erv.d upon, the body of the delemlant. 
 
 ..nary mode of process in civil causes shall b« by writ of sum- 
 
 muU4 ut wllnviiiiurlit. 
 
 16 
 
182 SPECIAL LAWS OF VERMONT. 
 
 Wiits of nltiiclitnoiit may i'spur against the goods, c^ttels, or estate of the defendant, 
 and for want thereof, against his body. " 
 
 All actions fuiHidcd on any contract, express or implied, may be. commenced by trus- 
 tee proci-ss. No person shall be summoned ns a trustee unless at the time of the service 
 ol the writ he resides in this state. 
 
 Debts duo a!id owing in this state from any person or persons, part or all of whom 
 re^id»nut of tliis stjite, having an authorized agent resident within this state, may be at- 
 tached by tru-tee process. 
 
 If the amount of debt or debt or damages recovered by the plaintiff in any trustee pro- 
 cess, siiall not exceed ten dollars, or if the goods, ettects, and credits, in the hands of tho 
 trustee, shall not exceed in value the sum of ten dollars, the trustee shall be discharged. 
 
 Deeds 
 
 All deeds and other conveyances of lands or of any estate or interest therein shall be 
 signed and sealed by the party granting the same, and signed by two or more witnesses, 
 and acknowledeed by the grantor, before a justice of the peace, and recorded at length 
 in the clerk's office of the town in wliich such lands lie. Town-clerks, notaries public, 
 and masters in chancery, have the same power to take acknowledgments as justices of 
 thi' peace, by act of 1850. 
 
 It such lands lie in a town in which there is no town-clerk, the conveyance shall bo 
 recorded by the clerk of the county in which such lands lie. 
 
 All acta and parts of acts, heretofore passed and now in force, requirinff married 
 women to acknowledge any deeds, execut»>d by them, separate and apart from their 
 husbands, and that they executed the same without any fear or compulsion of tluiir hus- 
 bands, are hereby repealed. 
 
 All deeds and conveyances, after November 15, 1851, by married women in conjunc- 
 tion with their husbands, if executed and acknowledged ia the manner required of other 
 persons, shall be deemed valid and effectual in law. 
 
 All deeda and other conveyances, and powers of attorney for the conveyance of lands, 
 the acknowledgment or proof which shall have been or hereafter shall be taken without 
 this state, if certified agreeably to tho laws of the state, province, or kingdom, in which 
 it was taken, shall be as valid as though the same were taken before some proper officer 
 or court within this state , and the pioof of the same may be taken and the same ac- 
 knowledged with like effect before any justice of the peace, magistrate, or notary public, 
 within the United States or in any foreign country, or before any commissioner ap 
 pointed for that purpose by the governor of this state, or before any minister, charg6 
 d'affaires, or consul, of the United States, in any foreign country; and the acknowledg- 
 ment of a dt;ed by a femme covert (married woman), in the form required by this act, 
 may be taken by either of said persons. 
 
 No deed or other conveyance of any lands or of any estate or interest' therein made, 
 by virtue of a power of attorney, shall be of any effect or admissible in evidence, unless 
 euch power of attorney shall have been signed, sealed, and acknowledged, and recorded 
 iu tho office where such deed shall hare been recorded. A seal must be used. 
 
 Form of Acknowledgement. 
 State of Vermont, ? 
 Windsor County, 5 ' Windsor, January 4. 1856. 
 
 Then personally appeared John Doe and Susan Doe, tcife of said John Doe, and 
 aeveralbj acknowledged the foregoing instrument, by them signed and sealed, to be their 
 free act and deed. 
 
 Before me, JOHN JONES, Justice of the Peace. 
 
 Rights of Married Women. 
 
 It shall be lawful for any married woman, by herself and in her name, or in tho name 
 of any third piMSon, with his asifent as her trustee, to cause to be insured for her solo 
 use, the life of her husband for any definite period, or for the term of his natural life, and 
 in case of her surviving her husband, the sum or net amount of the insurance becoming 
 due and payable by the tetms of the insurance, shall be payable to her and for her own 
 use, free from the claims of the representativ<?s of her husband or of any of his creditors ; 
 l)Ut such exemptions shall not apply when the amount of premium annually paid shall 
 exceed three hundred dollars. 
 
 In case of the death of the wife before the decease of her husband, the amount of the 
 insurance may be made payable, alter death, to her children, for their use, and to their 
 guardian if under age. 
 
SPECTAL LAWS OF VERMONT. 183 
 
 It shall be Inwful for any unmarried woninn by hf^r.-elfand in hor own nnmr», or in the 
 name of any third person a^ her trustee, to CHUse to be insured for her sole use, the lifo 
 of her father or brotluT for «ny dtfiiiite period, or durin'j his natural life ; and in case 
 of her surviving such person, Av shall be entitled to receive the amount of the net iu- 
 Burance in the same manner as in the case of tnarried women. 
 
 Dower. — The widow of any dec»a.=(>d person shall be entitled to dower, or the us**, 
 dining her natural life, of one third of the real esttttc of which her husband died seized 
 in his own right, unlefs she shall be barred. 
 
 The widow may be barred of her dower in all the lands of her husband in the follow- 
 ing wmvs : — 
 
 1. When a jointure shall hare bet^n settled on such widow by her husband or other 
 P'^rson, or some p^^cuniary provi>iion shall have been made for her, before her marriajjr, 
 with or without her agreement or consent ; or after her marriage, with her consent, to 
 have effect after the death of her husband, and expressed to be in lieu and discharge of 
 tier dower. 
 
 2. When her husband, by his last will and testament, shall have made provision for 
 such widow, which, it shall appear to the probate court, was int<,>n.ded to be in lieu of 
 dower. 
 
 3. When the husband shall die, leaving no children or representative of children, and 
 the widow shall thereby be entiiled to one haU of the estate of her husband. 
 
 Yet she miiy elect to waive all these provisions, and to take lier dower instead, and 
 notify the court, within eight months alter the will is proved, or letters of administrutiua 
 are granted, of her electiun, iu writing. 
 
 Rate of Interest. 
 
 Thk legal rate of hiferest is fixed at six per cent. ; and interest paid beyond that rate 
 may be recovered back, with costa. 
 
 Wills. 
 
 Wills must be jn writing, and sicned by the testator, or by some other person in his 
 pre.-«>nce and by his express direction nnd attested and subscribed by three or more cred- 
 ible witner-ses in the presence of the testator and of each other. 
 
 Married women may devise, by last will and Ustanient, their lands, tenements, and 
 hereditaments, or any interest tiierein descendable to their heirs. 
 


IS6 SPECIAL LAWS OF MASSACHUSETTS. 
 
 MASSACHUSETTS. 
 
 Constitiitiou adopted, 1780— Square Miles, 7,500.— Population in T850, 993,715 
 
 Exemptions. 
 
 Thebe is exrnopt from snle on execution in this state th« 
 '5 necespaiy wearing apparel of the debtor and of his wife and 
 IJ children ; one bedstead, bed, and the necessary bedding, for 
 ,;^ every two persons of the family ; one iron etove, used for 
 warmine: the dwelling-house, and fuel not exceeding the 
 v:ilne of ten dollars, procured and designed for the use of 
 the family ; other household furniture, necessary for the 
 debtor and his fiimily, not exceeding fifty dollars in value; 
 tlie bibles and schoolbooks usefl in the family ; one cow, six 
 sheep, ono swine, and two tons of hay, the six sheep not to 
 exceed thirty dollars in value; the tools and implements, 
 material.-*, stock, and fixtures, of any debtor, necessary for 
 carrying on his trade or business ; also the hooks in the 
 liljrary f>f a family, student, or piofessional man, to an amount not exceeding five hun- 
 dred dolhirs in value, the uniform of an officer or private in the militia, and the arms 
 nnd accoutrements required by lawto be kept by him ; a pew in one house of public* 
 worship, belonging to any di'btor and occupied by him or his family, but such pew may 
 be sold for non-payment of any tax legally laid on the same; also the rights of burial, 
 and tomba while in mc as repositories for the dead. 
 
 Homestead Exemption. 
 
 In addition to the property now ex>-mpt by law from sale or levy on execution, there 
 ehall be exempted to the value of eight hundred dollars, the homestead farm, or the lot 
 and buildings thereon, occupied as a residence and owned by the debtor, or any sucK 
 buildings owned by the debtor and so occupied, on land not his own, but of which ho 
 eha'd be in rightful possession, by lease or otherwise, he b<'ing a housoholder and having 
 n family; and no release or waiver of such exemption shall be valid in law, unless by 
 deed, for good consideration, acknowledged and r«H!orded as in cases of conveyances of 
 real estate : provided, Jiowever, that no person shall hold exempted as above, such prop- 
 erty to a larger amount than eight hundred dollars, including the rights of exemption, 
 wliich may have bt-en acquired under the aet o( 1851 [which exempted $500]. 
 
 Such exemption shall continue after the death of such householder, for the benefit of 
 the widow nnd children of the deceased party, some one of them continuing to occupy 
 such homestead until the youngest child be twenty-one years of age, nnd until the death 
 of the widow. 
 
 No property by virtue of this act shall be exempted from levy for the taxes thereon, 
 or for a debt contracted previous to the purchast; thereof, or tor any debt contracted 
 pr-evious to the passage of this act; nor shall buildings on land not owned by the debtor 
 be exempt from levy for the ground-rent of the lot of land whereon such buildings aro 
 situated. 
 
 Such exemption shall not be deemed to defeat or otherwise affect, any mortgage or 
 other incumbrance or lien existing by virtue of any deed, attachment, policy of insu- 
 rance, or otherwise. 
 
 No conveyance by the husband, of any property exempted as aforesaid, shall be valid 
 in law unless the wife join in the deed of conveyance. 
 
 If any judgment creditor shall require an execution to be levied on property claimed 
 by the del)to"r to be exempt from levy under this aet, and the ofiicer holding such exe- 
 cution shall be of opinitm that the premises are of greater value than eight hundred dol- 
 lars, then appraisers shall be appointed in the same manner as provided by law for the 
 levy of execution on real estate ; and the said ajjpraisers shall set otf to such debtor such 
 portion of said premises as he may select, including the dwelliriff-house, as shall appear 
 to them to be of the value of eight hundred dollars, and the residue of the property shall 
 be appraised, and the appraisers shall deliver to the ofiicer the appraisal of the value of 
 said rt;sidue, and said officer shall d(!liver a copy thereof to the debtor or other lawful 
 occupant of said homestead, and it shall be the right of such debtor or other lawful oo- 
 
SPECIAL LAWS OF AiaSSACHDSETTS. 187 
 
 ciipnnt of Pnid pmnises, to pny oi? such rxf'eufion the vaiuo of such rpsidnp, nnd con- 
 tiiiu*? to hold siifh homfftt^ad hs provided in this act ; but in ease the diM)lor shall not 
 make 8uch paym»'nt within sixty daj's Irom the time of receiving such noiice, then tfio 
 creditor may require such residue to be sold i>y the officer at pubUc auction, after duly 
 advertising the same, imd apply the proceeds to such execution. 
 Approved, April 27, 1855. 
 
 Mechanics' Lien. 
 
 Contractor's Liev.— Every person who shall, by contract with the oumer of any 
 pJece of ]Hnd,fumuik labor or mntcriHls for erecting or repairing any building or the ap- 
 purtenance of any building on such land, shall have a lien upon the whole piece of land 
 for the amount due to him for such labor and materials, tf the contract is made in wri- 
 ting, and signed by the owner of the land, or Jjy some person duly atithorized by him, 
 BHfl recorded in the registry of deeds for the county ^here the land lies. 
 
 The lien shajl be diss"olved at the expiration of six months after the time when the 
 money due by the contract, or the last instidment thereof, shall bf^come payable, unless 
 a suit for enforcing the lien shall have been commenced within the said six months. 
 
 Lien of Mechanics and others for Labor performed and Materials fur- 
 KT8IIED — Any person who shall actually perform labor in erecting, altering, or repair- 
 iiif. any building or structure upon real estate, or shall furnish miiterials actunlly used 
 for th^ saino, by virtue of any agreement with, or consent of, the owner thereof, or other 
 jjorson having authority or acting for such owner to procure labor or furnish materials 
 in his bebalt, shwll have a lien upon such building or structure, and upon the interest of 
 the owner of the building or structure in the lot of land upon which the same is situa- 
 t»'d, to secure the paym< nt of the amount due him for such laliur or materials ; provided, 
 however, that no lien for materials furnished, shall attach unless the person furnishing 
 the s-ame shall, before so doing, give notice to the owner of the land, if such owner bo 
 not th<! purchaser of the materials, that he inU^nds to claim such lien. 
 
 Such lien shall ho dissolved unless the person who may desire to avail himself thereof 
 ■hall, within thirty days afb;r he^shall cease to Uihor on. or furnish materials for, such 
 building or structure, file, in the office (jf the clerk of the city or town in which the- samo 
 is situated, n stat'-ment of a just and tme account of the amount due him, with all just 
 credits given, together with a description of the property intended to be covered by iho 
 lien sufficiently accurate for identification, with the name of the owner or owners of the 
 property, if known ; which certificate shall be subscribed and sworn to by the party 
 claiming the lien, or by some one in his behalf, and shall be recorded in a book kept for 
 that purpose by said clerk ; and no inaccuracy in the description of the property, if the 
 •ame cau be reasonably recognisi-d, or in the stfttemcnt of the amount due, shall invali- 
 date the proceedings, unless it shall appear that the person filing the certificate has wil- 
 fully and knowingly claimed more than is his due. 
 
 The owner of any building or structure on real estate, in process of erection or of be- 
 ing altered or repaired, may prevent the attaching of any lien foi labor thereon not at 
 the time p'Tformed, or materials not then furnished, by giving notice in writing to the 
 person perfortning such labor, or furnisldng such materials, that he will not be respuu- 
 »il.l<' ther«'lor. 
 
 The liens aforesaid may be enforced by p'^tition to the courts prescribed by statute, 
 which have power to order a sale of the building or structure, and the interest, of tho 
 owner tliereof in the lot of land on which the same is situated. These liens are not en- 
 titled to priority over existing liens created by mortgage, attachment on mesne process, 
 or seizure on execution. When a sale takes place under tho statute, the pioceedg must 
 first Ik; applied to the discharge of such pre-exi«ting liens in the order of their priority. 
 But when ceveral creditors, entitled to the l>enefit of the stntut4; lien, have all equal rights 
 among them'elv^-s, and the limd is insufficietit to pay all the debts, they share equally in 
 propoilifin to the amount of their re-'peetive claims. 
 
 LiKN ON Hhips and Vks.skls.— Whenever, by virtue of any contract, exproHsed 
 or implied, with the owners of any ship or vessel, or with the agents, contractors, or 
 •ult-contractors, of such owners, or any of them, or with any person having been ern- 
 ploytd t<) construct, repair, or launch such ship or vessel, or to as^'ist them, money sludl 
 w due to any person for labor p<rformed, materials used, or labor and materials fur- 
 nished in the con«truction. launching, or repairs of, or for constructing the launching 
 wjiv* lor, iir Utr provisions, stores, or other articles, furnished for or on account of any 
 *■ I in this commonwealth, such person shall have a lien «)n such ship or ves- 
 
 > . apparel, and furnitun?, to secure the payment of such debt; which lien 
 
 ^■ ' rri-d to all others thereon except marinera' wages, and shall outiuue until 
 
 Uic di'bl is utttisfiod. 
 
188 SPECIAL LAWS OP' MASSACHUSETTS. 
 
 Such lien shall be dissolved nnlesa the person claiming the pam'^ Rhall file, within 
 four days troiii the time such ship or vessel shall depart Irom the port af which the 
 Was when the debt was contracted, in the office of the clerit of the city or town 
 withhi which Pitch ship or ve.ase] was at the time the debt was contracted, h statement, 
 subscnbfd and sworn to by himself; or eome person in hi:* behiilf, givin<r a just and true 
 account of the demand claimed to be due him, with all just credits, and als-o the name of 
 the person with whom the contract was made, the name of the owner of the ship or ves- 
 sel, if known, and the name of the ship and vessel, or such description theieof. as shall be 
 sufhcient for identification ; which statement shall be recorded by said clerk in a book 
 kept by him for that purpose. 
 
 Such lien may be enforced by petition to the court of common pleas, or by process of 
 attachment, in a civil action at common law. 
 
 Any number of persons having such liens, may all join in the same petition or lil)el to 
 enforce their respective liens, and with the same effect as if the claimants had severally 
 p. titioned or libelled for their individual liens ; and each petitioner or hbellant so joined 
 may be a witness for or against his joint petitioner or libellant, but not in his own case 
 
 yv hen there shall be money dile to others besides the petitioner, provision is made for 
 citing lu all parties interested, and the court will pass such order or decree as shall be 
 n. ces^ry to prevent the enforcement of double liens, and to secure the ri«hts of all par- 
 ties. The proceeds arising from the sale of such ship or vessel, alter deductinff all proper 
 costs and expenses, shall be distributed among the several claimants to the amount of 
 tlieir respective chums ; provided, that when such proceeds are insufficient to sutisfy the 
 liens of ail, those having liens for labor shall receive a percentage on their respective 
 clmins one third greater than those havin? liens lor materials, stores, or otlif r articles 
 
 Such hens are not exclusively within the jurisdiction of the couite of tlie state, but the 
 same may be enforced in the courts of the United States. 
 
 Chattel Mortgages. 
 
 No raortgage of personal property hereafter made shall be valid against any other per 
 son than the parfles thereto, unless possession of the mortgaged ))roperty be delivend 
 to and retnined by the mortgag"e, or unless the mortage be recorded by tlie clerk of the 
 town where the mortcager re>ides, and by the clerk of the town in which he principidlv 
 transacts .hw busines.s, or follows his trade or calling ; but it is not necessary that a mort- 
 gMSe of a ship or vessel should he recorded. 
 
 In order to foreclose for a breach of condition, notice in writing must be given to the 
 mortgager or the person in pos.«ession of the property, claiming the same, of an inten- 
 tion so to do ; find the right of the mortgager or his assigns to redeem, is not forfeited 
 xmtil sixty days alter such notire has been given and a copy of the same has been re- 
 corded ill the clerk's office where the mortgasie is recorded. 
 
 If any mortgager of personal property shall sell or convey the same or any part there- 
 of without the written consent of the mortgagee, and without informing the person to 
 whom he may sell or convey that the same is mortgaged, said mortgager shall be held 
 guilty of a inisdemennor, and shall be punishable by a fine hot exceeding one hundred 
 d.)!l.,rs, or by impiisonment in the common jail or house of correction for a term not 
 exceeding one year. 
 
 Law regulating Contracts. 
 
 No action shall be brought in any of the following cases : — 
 
 L To charge an executor, adminisfrator. or assignee in insolvency, upon any special 
 promise, to answer damages out of his own estate; 2. To charge any person, upon any 
 special promise, to answer for the debt, default, or misdoing of another; 3. To <:hai''e 
 any person upon an agreement made in consideration of marriage ; 4. Upon any con- 
 tract f.r the sale of lands, tenements, or hereditaments, or of any interest in or concern- 
 Ziig them ; 5. Upon any agreement that is not to be performed within one year from the 
 making thereof ; unless the promise, contract, or agreement, upon which such nction 
 slitdl be brought, or some memorandum or note thereof, shall be in writing, and signed 
 by the party to be charged therewith, or by some person thereunto by him lawfully au 
 thoriz"d. The consideration for such promise need not be expressed in the writing. 
 
 IVo action fhall be brought to charge any person, upon or bv reason of any represent- 
 ation or assurance made concerning the character, conduct, credit, ability, trade, or 
 dealings of any other person, unless the same be made in writing, and signed hy the 
 par'y to be charged thereby, or by some person thereunto hy him lawfully authorized. 
 
 No contract for the sale of any goods, wares, or mcrchaudia>, for the price of fifty dol- 
 
SPECIAL LAWS OF MASSACHUSETTS. 189 
 
 Inrs or mofp. fhali l>o ffood or vnlld, unless thR purchaser fhall accppt and rccoivo pnrt 
 of the goods i5o Kolil, or give somethina: in earnest to bind \h" b«r;L;ni!i, or in part pay- 
 ment. or unless some not«; or ineiiiornndum in writing of the bargain be made iind siciied 
 by the party to be charged thereby, or by sonne person theieunto by him lawfully au- 
 thorized. 
 
 All contracts, wntten or oral, for the sale or transfer of any certificate or other eYidence 
 of debt due, by or from the United States, or any separate state, or of any stocks, or of 
 any share or interest in fhcFtock of any bank, or of any company, city, or village, incor- 
 ))orated under any law of the United State?", or of any individual state, shall be absolutely 
 void, unless the party or parties contracting to sell or transfer the same shall, at the timn 
 ot making such contract. b<? the owner or assignee thereof, or shall be duly auth( rizeil, 
 by »'<>me person who is the owner or assigneo, or by the legally-authorized agent of such 
 owner or assignee, to sell or transfer the said certiticale or other evidence ol debt, shur*, 
 or interest, so contracted for. 
 
 Limitation of Actions. 
 
 Thr following actions shall be commenced within six years next after the cause of 
 action shall accrue, and not afterward : — 
 
 1. All actions of debt, founded upon any contract or liability not under seal, except such 
 as are lirouL'ht upon the jn(l<:ment or decree of some court of record ot the United States, 
 or of this or some other of the United States ; 2. All actions upon judgments rendered 
 in any court, not being a c«iurt of record ; 3. All actions for arrears of" rent ; 4. All ac- 
 tions of assumpsit, or upiui the case, founded on any contract or liability, express or im- 
 plied ; 5. All actions for wastt?, and lor trespass on land ; 6. All actions of replevin, and 
 nil other actions for taking, detaining, or injuring, goods, or chattels; 7. All other actions 
 on the case, except actions for slanderous words and for libels. 
 
 All acticms for assault and battery, fal-e imprisonment, slanderous words and libels, 
 sh.ill be commenced within two years next after the cause of action shall accrue. 
 
 All actions acunst sherifts.-for the negligence or misconduct of their deputies, shull be 
 commenced within four years next after the cause of action shall accrue. 
 
 None of the forr>going provisions shall apply to any action brought on a promi-sory 
 note which is signed in the presence of an attesting witness, provided the action l>e 
 brought by the original payee or his executor or administrator, nor to an action brought 
 upon any bills, notes, or other evidences of debt, iwsued by any bank. 
 
 In all acfiotis of di;bt and assumpsit, brought to recover the balance due upon n mu- 
 tual and o|)en account, the cause of action shall bo deemed to have acciucd at the time 
 of the last item proved in such account. 
 
 If any person, entitled to bring any of the actions before mentioned in this act, shall 
 l)e, at the time when the cause of action accrues, a minor, a married woman, insane, im- 
 prisoneil. or absent from the United States, such person may bring them within the times 
 respectively limited, alter the dicability shall be removed. 
 
 AH (M-rsonal actions on any contract not limit»'d by the foregoing sections, or by any 
 other law of the state, shall be brought within twenty years after the cause of action 
 accruer. 
 
 In the eii«<» of an alien, the time during which hia country is at war with the Uiiit<jd 
 States will not bo cofiiput«;d. 
 
 In case the defendant is out of the state, the time of stich absence is not to be com- 
 puted. 
 
 No acknowledsment or promise shall be evidence of a new or continuing c<intrnct, 
 wiien by to take any case out of the f)|)<>ration8 of the provisions of this act, unless made 
 or continued in some writinir signed by the party to b(! chargeable thereby. 
 
 If fine ofs^-veral debtors make such promise, it shall not deprive his co-contracter of 
 the l>en' fit of the proviritms f»f this act. 
 
 B'lt the provisions contained in the two preceding paracraphs shall not alter, take 
 away, or lessen, the effect of a payment ot pHncipal or interest made by any person. 
 
 If any person entitled to bring any of the actions btjfore mentioned, or liable to any 
 STi'li action, shall die before an action would be barred, or within thirty days after, and 
 if th" rnus'^ of action by law survives, thr action may be commenced by or against the 
 ev. ni'or or administrator of the deceased, at any time within two years afUu'tlie grant 
 >>< I'ttrtu f'stiimentary, or »f^fmini«tration. 
 
 it ntiy ncfi.n commenced in due time *hull fail for want of sufflcient service, without 
 f"ii!t o! the plnintitf, or if the writ is abated or defeated by the death of any party, or for 
 any rnwtter ot form, or if after a verdict for the plaintifT, the judgment shall be arrested, 
 or if a jihlguient for the plaintiff shall Ite reversed on a writ of error, the plaintiff' may 
 c<mi:nence « new action fi»r the same cause, at any time within one year after, and if the 
 
190 SPECIAL LAWS OF ?.1ASSACHUSETTS. 
 
 cmse of action survive?, his executor or administrntor may commence an nction witliln 
 the same oue year. 
 
 If any person who is liable to any of the notions aforesaid thall fraiuhilenfly conceal 
 the cause of action from the party entitled thereto, the action may be cnmmeneed at any 
 tune within six years alter the person entitled to bring the same shall discover that ha 
 has such cause of action. 
 
 The limitations hereinbefore prescribed for the commencf>mont of actions, apply to 
 actions when brought in the name of the commonwealth, or otherwise for the bent lit of 
 the commonwealth. 
 
 All suits fur any penalty or forfeiture, on any penal statute brought by any person, to 
 whom the pemdty or forfeiture is given in whole or in part, shall be commenced within 
 one year after the offence committed ; but a suit for a penalty or forfeiture brought by 
 or in b-hnlf of the commonwealth, may be brought at any time within two years alter 
 thi> olhnce committed, and not afterward. 
 
 No one shall commence an action IV.r the recoveiy of lands, or make entry thereupon, 
 unless within twenty years after the right to make such entry or bring such action lirst 
 necriied, or within twenty years after he or those from, by, or under whom he claims, 
 shall have been seized or possessed of the premises. 
 
 If any person entitled to such entry or action, shall be. at the time when such right of 
 entry or of action first accrues, a minor, a married woman, insane, imprisoned, or ab- 
 sent from the United States, such person or any one claiming from, by, or under him 
 may make the entry or bring the action at any time within ten years after such disabil- 
 ity shall be removed. 
 
 If any minister or other sole corporation shall be disseized, any of his successors may 
 enter upon the premises, or may britig an action for the recovery ther(;of, at a?iy time 
 within five years after the death, resignation, or removal, of the person so dis.^eized, not- 
 withstanding the twenty years after such disseizin shall have expiri^d. 
 
 No executor, administrator, or administrator dc bonis nxm, who has given legal notice 
 of his appointment to that trust, shal be held to answer to the suit of any creditor of the 
 ^'■ceased, unless commenced within two years from the time of his giving bond, provi- 
 ded, however, if new assets are found, such action may be ccnnmenced within one year 
 after the creditor shall havn notice of the receipt of such now assets, but not more than 
 two years after the same shall be actually received. 
 
 Actions against the sureties in any bond, given by the guardian of minors, insaue-per- 
 sons, idiots, spendthrifts, must be commenced within four years from the time when tho 
 guardian shall be discharged. 
 
 Collection of Debts. 
 
 Arrest.- /mprisonment for debt is for ever abolished ; but wilful and intentional woa. 
 lect to apply property, not exempt from attachment on execution, to the payment of a 
 debt, IS considered as a fraud, and is punishable as provided in act of May 21, 1855. 
 
 If the plaintiff in any suit, or any person in his belialf, after execution is issued amount- 
 ing to twenty dollars, exclusive of costs, and while twenty dollars, exclusive of co-ts 
 remains uncollected thereon, shall make oath, and prove to the Fatislaction of any jusl 
 tice of any court of record, or of any police justice, judge of probate, commissioner of 
 insolvency, or master in chancery— 1. That he believe.*, and has reason to believe, that 
 the defendant has property, not exempt from being taken on execution, which he does 
 not intfnid to apply to the payment of the plaintiff's claim ; or, 2. That since the debt 
 was contracted, or the cause of action accrued, the del)tor has traudulontly conveyed or 
 concealed, or otherwise disposed of his estate, or some part thereof, with a design to 
 secure the same to his own use, or to defraud his creditors ; or. 3. That since the debt 
 was contracted, or the cause of action accrued, he has hazarded and paid money or 
 other property to the value of one hundred dollars or more, in some kind of cainiii^ 
 prohibited by the laws of the commonwealth ; or, 4. That he has wilfully expended his 
 goods and estate, or some part thereof, for the purpose of enabling himself to swear 
 that he has not any estate to the amount of twenty dollars, except such as is exeinp'ed 
 Irom being taken on execution ; or, 5. If the action was found.-d on contract tiiat 
 the tiehtor contracted the debt with an intention not to pay the same, the plaintiff's 
 afhdavit shall be indorsed upon the execution, with the certificate of the magistrate tlmt 
 he IS satisfied that there is reasonable cause to believe thattlje charges, or either of them 
 specifying which, are true, then and not otherwise, the execution may be served, by the 
 arrest of the body. II the execution be issued by a jiistic(; of the peace, the affidavit may 
 be made before him, and the certificate grantt^d by hira, and the form of execution shall 
 be the same as now. 
 
 The debtor, as soon as he is arrested, shall be informed by the officer of all his rights 
 
SPECIAL LAWS OF MASSACHUSETTS. 191 
 
 under this net, and ho ehall have reasonable time to procure sureties b('1"ore being car- 
 rii'd before ihe magistrate. 
 
 No p'Tson shall be arrestt^d on mesne process in any action of rontrnct, unless tlio 
 plaintiff, or some one in bis bebalt, sliall make oath, to the satisfaction ot some justice 
 of a court of record, polico justice, judg-; of probate, commissioner nf insolvency, or 
 l^a^ter in chancery, that he has pood cauSe of action, and a reasonable expectation of 
 rrcoveiing a sum amounting to twenty dollars ; that he believes, and has srood cause to 
 b< lieve, the defendant intends to leave the staU?, so that execution, if obtained, CiHi not 
 bf- served upon him ; and that he believes the defendant has property not exempt from 
 b<ing taken in execution. 
 
 No arrest shall be made after sunset, unless specially authorized by the magistrate 
 nuiking the certiticate. And no womau shall be arrested in any civil process except for 
 fc.rt. 
 
 Attachmknt. — All real estat»^s that are liable to be taken in execution may be at- 
 tached upon the original writ in any action in which any debt or djtmages are recovera* 
 dL- and hi'ld as security to satisfy such judgment as the plaintitf may recover. 
 
 All gooiis and chattels that are liable to be taken in execution, may be attached and 
 held as security as aforesaid, except such as from their nature or situation have been 
 ronsidered as exempted from attachment according to the principles of the common 
 tew as adopted and practised in this state. Attachments are dissoluble by giving bonds, 
 with sureties, to pay judgment 
 
 Deeds. 
 
 CoNVF.TANCFS of land, or of any estate, or interest therein, may be made by deed, ex- 
 ecuted by any person having authority to convey the same, or by his attorney, and ac- 
 knowledged and recorded as directed in this act, without any other act or ceremony 
 whatsofver. 
 
 Th<' Mcknowlodgment of deeds shall be by the grantor, or one of them, or by the attor- 
 n<y » xrcuting tbe samt'. 
 
 Thf acknowlftdcmeiit may be made before any justice of tbe peace in this state, or be- 
 fotp any justice of the peace, magistrate, or notary public, within the Unit«-d t^tato-s or 
 in any foreicn country, or before any commissioner appointed for that purpose l)y the 
 ;,' '%«'rnor of this commonwealth, or b«fore any minister or consul of the United States in 
 
 V foreign country. 
 
 A certiticate of the acknowledffment of the deed, under the hand of the officer taking 
 Slime, shall be endorsed upon the deed or annexed thereto ; and such deed and cer- 
 ate may be recorded at length in the registry of deeds for the county where tbe lands 
 iind no deed shall be recorded without such certificate. 
 
 Ill this stat«^ a si-al is necessary. The wife of a grantor need not be separately oxam- 
 
 ■ i ; it is sufficient to bar her dower, if she join her hu8l)and in the deed, and thereby 
 
 'laies that slje releases her right to dower in tiie granted premises. 
 
 Rights of Married "Women. 
 
 [Thk following "Act to protect the property of married women" was approved May 5, 
 
 and is the law regulating the control of the property of women married since that 
 
 The previous act of 1845 is essentially different in many of its provisions, but howr 
 
 rights acquired or limited under that act are modified or repealed by the present 
 
 t, it is not our province to decide ; they must be determined by legal opinion, on ac- 
 
 Closes involvinif controverted points, or the decisions of the courts. 
 
 le property, both real and personal, which any woman who may hereafter be mar. 
 
 d in this commonwealth may own at the time of her marriage, and tbe rents, issues, 
 
 Ipnifil*. and proci-eds thereof, and any real or personal property winch shall come to her 
 by <le-»ccnt, deviw, or Ix^quest, or the gift of any p«Tson except her husband, shall remain 
 ■ sole and separate prop^-i ty, nc.twithstanding her marriage, and not be subject to Iho 
 pooal of her husbnnd. or liable for bin debts, 
 rbfj hudbnnd of any woman hereafter married In this commonwealth shall not bo lia- 
 t'» Im? sued for any caus*' of action which originated agiiinst her beforn marriage; 
 t ^he shall \tr liable to la» sued for the same as if she were sole, and her property shall 
 Hulde to be Httnched and taken on execution in the same manner. 
 iuy Woman hereafter married may, while married, bargain, sell, and convey, her real 
 
192 SPECIAL LAWS OF MASSACHUSETTS. 
 
 mnmif-r as if ehfe were sole ; but no conveyance of any real property (oxcppt a lease for 
 ji feim not exceeding one year), and no conveyance of any eharea in any corporation, 
 sliall be valid without the assent in vvrritii.g of her husband, except vt'ith the consejit of 
 one ot the judges of the supreme judicial court, or of the court of common plea?, or the 
 judge ot probate, to be granted, on her petition, in any county, on account of the sickness, 
 tiisamty. or absence from the commonwealth, of her husband, or other <;ood cause* and 
 her husband, it withm the commonwealth, shall have such notice of the petition as the 
 judge or court may order. This petition may be presented to, and granted by, any 
 huch judge in vacation, as well as in term time. 
 
 Any w<,man hereafter to be married may, while married, sue and be sued in all mat- 
 ters having relation to her property in the same manner as if she were sole. 
 
 Any woman hereafter married may, while married, make a will ; but such M'ill shall 
 Jiot deprive her husband of his rights as tenant by the courtesy, and she shall not bequeaih 
 away Irom him more than one half of her personal property without his consent in wii- 
 ting ; and any woman now married may make a will of her real estate, which, however, 
 shall not deprive her husband of his rights as tenant by the courtesy. 
 
 The real estate and shares in any corporation standins in the name of any marnV^d wo- 
 man, which were her property at the time of her marr^pge, or which have since be- 
 come, or may hereafter becomis her property, by virtue of any devise, or bequest, or 
 gift from any person except her husband, shall not be liable to be taken on any execu- 
 tio!i against him ior any debt hereafter to be contracted, or any cause of action hereafter 
 arising. 
 
 Any married woman may cany on any trade or business, and perform any labor or 
 services, on her own sole and separate account; and the earnings of any married wo- 
 man, li-om her trade, business, labor, services, shall be iier sole and separate property, 
 and may bo used and invested by her in her own name ; and she may sue and be sued 
 as if sole in regard to her trade, business, services, and earnings ; aiid her property ac- 
 quired by lier trade, business, and servict s, and the proceeds thereof, may be t«ken on 
 any execution against her. 
 
 Any woman who shall have been married out of this state shall, if her husband after- 
 ward become a resident within this commonwealth, retain all the rights as to property 
 which she may iiavc acquired by the laws of any other state or country, or which she 
 may have acquired by virtue of any marriage contract or settlement made out of this 
 connnonvveath. 
 
 Nothing in this act contained shall invalidate any marriage settlement or contract now 
 made or to be hereafter made. 
 
 DowKR.— Every woman shall be entitled to her dower at common law in the lands of 
 her husband, to be assigned to her after his decease, unless she is lawiully barred thereof. 
 
 A married woman may bar her right of dower in any estate conveyed by her Husband, 
 by joining with him in the deed conveying the same, and releasing her claim to dower, 
 or by rcl.'asing the same by a subsequent deed executed jointly with her husband, or 
 with his guardian : also by a jointure of freehold estate in lands for the life of the wife 
 at least, and to take elTect in possession or profit immediately on the death of her hus- 
 banil ; and also by a provision in the wiil of her husband in lieu of dower, at her election 
 within six months atter probate of the will. 
 
 Rate of Interest. 
 
 3nt. When the defence of usu 
 
 s, and the plaintiti' shall forfeit l...._. „ „. „_ 
 
 interest unlawfully reserved or taken. The party paying usurious interest may recover 
 back threefold the amount of tlie unlawful interest so paid. 
 
 The legal rate is six per cent. When the def.<nce of usury is established, the defend- 
 ant shall recover his fidl costs, and the plaintitf shall forfeit threefold the amount of the 
 
 Wills. 
 
 Wills must be in writing, and signed by the testator, or by some other person in his 
 prt'srnce and by his express direction, and attested and subscribed in the presence of 
 the testator by three or more competent witnesses. 
 
SPECIAL LAWS OF RHODE ISLANI>. 
 
 193 
 
 RHODE ISLAND. 
 
 CoDstitudon adopted, 1842.— Square Mfles, 1,340.— Population in 1850, 1 17,543. 
 
 Exemptions. 
 
 Thk household furniture and family stores of a hcuso' 
 keeper shall not be liable to attachment on any warrant of 
 distress, or on any writ, original or judicial : provided, the 
 whole, including beds and bedding, do not exceed in value 
 the sum of two hundred dollars. Neither shall the neces- 
 sary wearing-npparel of such housekeeper and his family, 
 nor one cow ; nor one hog ; nor his working tools neces- 
 sary for his usual occupation ; provided, the said tools do 
 not exceed In value the sum of fifty dollars; neither shall 
 the working tools, not exceeding in value the sum of fifty 
 dollars, nor the necessary wearing-apparel of any debtor, 
 be liable to distress or attachment 
 
 H 
 
 
 M^a 
 
 
 Mechanics' Lien. 
 
 Whe>-evk« an3 euilding, canal, turnpike, railroad, or other Improvement, shall be 
 lonstructed, erected, or repaired, by contract with, or at the request of the owner there- 
 of, puch owner being at the time the owner of the land on which the same tlien is, such 
 building, canal, turnpike, railroad, or other improvement, together with the said land is 
 hereby made liable, and shall stand pledged for all the work done in the constniction, 
 erection, or reparation thereof, which have been furnished by any person who had con- 
 tracted or been requested as aforesaid, to construct, erect, or repair the same, before 
 any other lien which shall originate subsequent to the commencement of such erection, 
 eonstnictiua, or reparation, on such land- 
 When such construction or reparation is done by contract, with, or at the request 
 of any lessee or tenant, the interest and title of such lessee and tenant in the im- 
 provement and the land on which the same is located, shall stand pledged for all the 
 work done and materials used and furnished, but not the interest of the landlord unless 
 his written consent is first obtained assenting to such construction, erection, or repara- 
 tion, and acknowledging his estate to be also holden for the payment thereof. 
 
 So also the buildings and improvements and the estate in the land of one who is the 
 owner of less than a freehold in the land, shall be pledged for the work done and mato- 
 rials furnished, but not the estate of the owner in fee ot the land, unless his written con- 
 aciit is fir8t obtained assenting to such construction, erection, or reparation, and acknowi- 
 edging his estate to be also holden for the payment thereof 
 
 If tlie work be done under a written contract, then the hen shall bo lost unless legal 
 process be commenced tor enforcing the same within four months from the time that 
 any payment on such contract shall )>ecome due, if such payment shall not then be made. 
 
 No person doing work or furnishing materials without written contract, shall have 
 any lien unless he shall commence legal process for enforcing the same within six 
 months from the time of commencing such work, or of commencing the delivery of 
 DiHterials it payment for the same shall not then be made. 
 
 No person doing work at the request ot any person who had entered Into a contract, 
 wh>>tber in writing or not, shall have any lirn unless he shall within thirty days after 
 commencing the work, give notice in writing to the person against whose estate or title 
 'tie claims alien, that he has commenced the work and that he will claim the benefit of 
 f the lien created by this act But this lien will be lost unless such person shall, within four 
 months from time of giving such notice, commence legal process to enforce such hen 
 
 'fhe commencement <jf legal process to enforce such Hen shall be the lodging the ac- 
 count or demand for which the lien is claimed, in the oftico of the clerk of the town or 
 towu« in which the improvement iu situate, with notice to what building, Slc^ and land, 
 •>id to what or whose e8tat«» therein the account or demand refers. 
 
 Twenty days before the term of the court of common pleas, in the county or coun- 
 ' ties in whirh thn huilrljng-, Sec., shall lie, which shall be holden not less than twenty dava 
 liext h! M<>nt of legal process aforesaid, the person so commencing the 
 
 »ame r 
 ol bu . 
 
 UeO may m- luiorcei 
 
 DiAnd, and all other demands for which it is liable. 
 
 Ill the clerk's olfice of said court, setting forth the particulars 
 
 particularly the building, &.C., and land, and praybig that the 
 
 ist the same, and that the same Lo sold to satisfy the s»!d da 
 
 lor 
 
 17 
 
Hill liMli. ^ 
 
'•^ 11011 IHalli. 
 
 mS 
 
196 
 
 SPECIAL LAWS OF RHODE ISLAND 
 
 Chattel Mortgages. 
 
 No mortgage of personal property, hereafter innde, shall be valid against any other, 
 person than the parties thereto, unless possession of the mortgaged property be lieliv- 
 ered to, and retained by the mortgagee, or unless the said mortgage be recorded in the 
 office of the clerk of the town where the mortgager shall reside at the time of making 
 the same. 
 
 Law regulating Contracts. 
 
 No action shall be brought whereby to charge any executor or administrator upon his 
 special promise to answer any debt or damage out of his own estate, or whereby to 
 charge the defendant on his special promise to answer for the debt, default, or miscar- 
 riage of another person, or to charge any person upon any agreement made upon consid- 
 eration of marriage, or upon any contract for the sale of lands, tenements, or heredita- 
 ments, or the making of any lease thereof for a longer term than one year, or upon any 
 agreement which is not to be performed within the space of one year from the making 
 thereof, unless the promise or agreement upon which such action shall be brought or 
 eome note or memorandum thereof shall be in writing and signed by the party to be 
 charged therewith, or by some other person by him thereunto lawfully authorized. 
 
 Limitation of Actions. 
 
 All actions of trespass, detinue or replevin : all actions of accoimt, and upon the case, 
 except on such accounts as concern trade or merchandise between merchant and mer- 
 chant, their factors or servants ; all actions of debt founded on any contract, without 
 epeciality ,' all Hctions of flobt for arrearages of rent; actions of debt for other causes, 
 and all actions of covenant, shall be commenced and sued within the time hereinafter 
 directed, namely : — 
 
 The said actions upon the case, except actions for slander, and the said actions of ac- 
 count, and the said actions for debt, founded upon any contract without epeciality. oi 
 brought for arrearages of rent, and all actions of detinue or replevin, shall be com- 
 menced within six years after the cause of the said actions; the said actions of trespass, 
 and trespass and ejectment, within four years next after the cause of such action ; 
 and actions upon the case for words, within two years next after the words spoken ; all 
 actions of debt other than those before specified, and all actions of covenant, within 
 twenty years next after the cause of said actions. 
 
 If any person, against whom there shall exist any of the causes of action, aforesaid, 
 be without the limits of this state or shall go out before the action is barred, and shall 
 not have or leave property or estate tlierein that can be -attached, the person entitled to 
 Buch action may commence the same within the time before limited after such person'* 
 return into the state. 
 
 If any p(^r»i»)n at the time any such action shall accrue to him, shall be a minor, femmt 
 emart, non compos mentis, imprisoned, or beyond the limits of the United States, such 
 person may bring the same within such time as is hereinbefore limited, after such tm- 
 pediraent is removed. 
 
 Collection of Debts. 
 
 Arrrst and Attachment. — In this state there is no exemption from arrest, except In 
 the case of a female. By the revised laws it is provided that every original writ issued 
 ag(}inst a female founded on a contract not under seal shall be a writ of summons and 
 not of arrest, that no execution shall issue against the body of any female on any Judg- 
 ment founded on contract not under seal, where the debt or damages recovered do not 
 exceed the sum of fifty dollars ; but she may be arrested, if the instrument be under 
 Beal. for any sum. , , . „ ,. j „ 
 
 It is also provided that wherever a writ authonzmg an arrest shall be delivered to an 
 olBcer for service, he shall use his best endeavors to arrest the body of the defendant, 
 but if such oificer can not tind the body of the deiendant within his precinct, he shall 
 attach his goods and ckflttols to the value commanded in the writ ; and that when he 
 •hall attach any goods or chattels on original writ, he shall keep the same in hi* handa 
 as security to satisfy such judgment as the plaintiff may recc/ver. 
 
SPECIAL LAWS OF RHODE ISI.AND 197 
 
 Deeds. 
 
 No estate of inheritance or freehold, or for a term exceeding; one year in lands or ten- 
 ements, shall be conveyed from one to another by deed unless the same be in writing 
 signed, sealed, and delivered by the party making the same, and acknowledged before 
 a senator, judge, justice of the peace, public notary, or town-clerk, by the party or par- 
 ties who shall have sealed or delivered it, and recorded or lodged to be recorded in th«» 
 office tf the town-clerk of the town where the said lands or teuenrents lie. 
 
 Any conveyance of lands witliin this state, or any instrument relating thereto, execu- 
 ted without the limits of this state and within the United States, may be acknowledged 
 before any judge, justice of peace, mayor, or public notary, in the state where the same 
 U executed ; and if without the limits of the United States, before any embassador, 
 minister, charge de attairee, recognised consul, vice-consul, or commercial agent of the 
 United States, in the country in which such deed or instrument is executed. 
 
 A married woman may bar her right of dower in any estate conveyed by her husband, 
 by joining with him in the deed conveying the same, and therein releasing her claim to 
 dower or by releasing the same by subsequent deed jointly with her husband, or by 
 joining in a deed given by a guardian of her husband. 
 
 The wife acknowledging a deed shall be examined privily and apart from her husband ; 
 wid shall declare to the officer taking such acknowledgment that the deed or instrument 
 shown and explained to her by such magistrate is her voluntary act, and that she doth 
 not wish to retract the same. 
 
 Form of Acknowledgment. 
 State of Rhode Island, ) _,„ _„ 
 
 County of Proridence, J *° ^'^ 
 
 On ibia tirUenth day of April, one thousand eight hundred and JIfty-one, before me, ner- 
 •onally appeared John Doe, and Susan Dob hit wife, and severally acknowledged the fore- 
 going instalment to be Uicir free and voluntary act and deed; nnd the $oid Susan, on a 
 pritaU eraminalion, $ep<irate and apart from her husband, declared to me, that the foregoing 
 instrument, then by me ihown and erjilained to her, it her /re4and voluntary act nnd deed, and 
 that ihe doth not with to retract the tame. JOHN JONKS, (seal) 
 
 Jvttiee of the Peace 
 
 It \m requisite that a seal be use in this state. 
 
 Rights of Married "Women, 
 
 TiTE real estate, chatt^'ls real, household furniture, plate, jewels stock, or shares In tho 
 capital stock of any incorpomted company of this state, or debts secured by mortgage on 
 projxirty within this state, which are the property of any woman before marriage, or 
 which may become the property of any woman after marriage, shall be, and are hereby 
 ■o far secured to her sole and separate use that the aame and the rents, profits, and in- 
 come thereof^ shall not be liable to be attached or in any way taken for the debts of 
 ber husband, either before or after his death. 
 
 Any policy of insurance made by any insured comj)any, on the life of any person, ex- 
 pressed to 1)« for the benefit of a married woman, whether the same be eSectcd by her- 
 self or by her husband, or by any other person ou her behalf, shall enure to her sepa- 
 rate use and l>on»"fit and that of her children, if any, indept-ndcntly of her husband and 
 of his crrditors and representatives, and also independently of any other person effect- 
 ing the same on her behalf, his creditors and representatives, and a trustee or trustees 
 may \ye appointed by any c<jurt authorized to appoint trustees, to hold and manage the 
 Interest of any married woman in any such policy or the proceeds thereof. Provided, 
 kowrvrr. that the provisions of this net shall not apply to any policy upon which the 
 ■mount of annual premium shall exceed the sum of three hundred dollars. 
 
 DowKR. — The widow of any person shidi be endowed of one full and equal third part 
 of all the lands, tenements, and hereditamenu, whereof her husband or any other to his 
 Qse, was seized of an estate of inheritance at any time during the intermarriage. 
 
 Rate of Interest 
 
 Tub U»gal rate of Interest Is six per cent. In an action brought upon a usurious cot> 
 tract, the plaintiff can recover tho principid, with legal intcrf;«t and costs of suit 
 
 TViUs. 
 
 WfLts mast be In writing, signed by the testator or by some person In his presence, 
 tr)r, by bi» express direction, and attested and subscribed In the presence of tho tosla- 
 and by tbree or more compettsot witness«>a 
 
 17* 
 
 4 
 

 

200 SPECIAL LAWS OF CONNECTICUT. 
 
 CONNECTICUT. 
 
 Constitution adopted, 1818— Square Miles, 4,764.— Population ia 1850, 371,9821 
 
 Ezemptdons. 
 
 There is exempt from snle on execution the wrnnng 
 t •pparel, bedding and household furniture necessary for swp- 
 
 gortin;? life ; arms, military equipments ; implements of the 
 ebtor's trade ; one cow ; sheep not exceeding ten ; two 
 swine, and the pork produced from two swine, or two 
 swine, and two hundred pounds of por^, being the property 
 of one person : charcoal not exceedinfr twenty-five bushels ; 
 any quantity of coal, other than charcoal, not exceeding two 
 tons ; wheat-tlour, not exceeding two hundred pounds 
 weight: wood, not exceeding two cords ; hay, not exceed, 
 ing two tons; beef, not exceeding two hundred pounds; 
 fish not exceeding two hundred pounds ; potatoes or tur- 
 nips, not exceeding five bashels each ; Indian com or rye, 
 not exceeding ten bnsh«'ls of each, and the meal or Sour n>anufactured therefrom ; wool 
 or flax, not exceeding twenty pounds weight of each, or the yarn or cloth made there- 
 from ; one stove, and the pipe belonginj; thereto, being the property ot any one jjerson 
 having a wife or family ; the horse, saddle, and bridle, of any practising piiysician or 
 surgeon, of a value not exceeding one hundred dollars; and one pew, being the prop- 
 erty of any person or persons having a family, v»bo ordinarily occupy the same ; and 
 the burial-place of any person or family. 
 
 Mechanics' Lien. 
 
 ITvEBT dwelling-house or other building, for the construction, erection orrepairactS 
 which, any person shall have a claim for materials furnished or services renden-d, ex- 
 ceedinp; the sum of twenty-five dollars, shall, with the land on which the same may stand, 
 be subject to the payment of what may be due from the proprietor, and the same shall 
 be a lien on such land and building, and shall take precedence of any other lien or in- 
 cumbrance which shall originate sul>sequent to the commencement of such services, or 
 the furnishing of any such materials : and said premises shall be liable to be foreclosed 
 by such person, in the same manner as if held by mortgage. 
 
 The debt for services or materials as aforesaid, shall not remain a lien on such land 
 or building, for a longer period than sixty days after the person performing such ser- 
 vices or furnishing such materials has ceased so to do, unless he shall lodge with the 
 town-clerk of the town in which said building is situated, a certificate in writing descri- 
 bing the premises, the amount claimed as a lien thereon, and the date of the commence- 
 ment of the claim; the same being first subscribed and sworn to, as the amount justly 
 due, as nearly as the same can be ascertained, which certificate shall be recorded by 
 the town-clerk, with deeds of land. When such debt shall have been discharged, such 
 creditor shall file another certificate stating such discharge and removal of lieu. 
 
 Amendment, 1855. — No person shall be entitled to such lien, or to file his certificate 
 therefor, unless he shall within sixty days from the time he shall have commenced such 
 services, or furnished such materials, notify the owner or proprietor of such building 
 that he has so commenced his sei^ces or furnishing materials, and that he intends to 
 claim a lien therefor on said building. The provisions of this section shall not apply to 
 the oi-iginal contractor for said building, nor to any sub-contractor whose conlnict with 
 such original contractor is in writing, and has been assented to in writing by the other 
 party to such original contract 
 
 Chattel Mortga|;es. 
 
 Whew any one mortgages machinery, engines, or implements in any factory, or 
 household furniture in a dwelling-house, or hay in a building, together with the realty 
 on which the same are situate, and particularly describes the personal property so 
 mori gaged in the iHslrument of mortgage, it shall be as eflfoctual to hofd the persooul 
 aa if it were a part of tlie real estate, idthough the mortgager retain poaseasiou. 
 
SPECIAL LAWS OP CONNECTICUT. 201 
 
 If he shall mortp»ge the said personal property, sitnated aa aforesaid, without mort- 
 gnging the real, and shall execute, acknowlodge, and record it in all respects as a mort- 
 gagA of lands, it shall be valiJ, though the mortgager retain the poasession. 
 
 Law regulating Contracts. 
 
 No suit Blwll be brought upon any contract or agreement wheceby to cbnrge any ex- 
 ecutor or administrator upon cny special promise to answer damages out of his own 
 estate; or whereby to charge the defendant upon any special promise to answer for the 
 debt, default, or miWarriage of another person ; or to charge any person upon any 
 agrf^ement made upon consideration of marriage; or upon any contract for the sale of 
 lands, tenements, or hereditaments, or any inlerest in or concerning them ; or upon 
 any asrreement that ia not to be performed within the space of one year froin the making 
 thereof; unless tJie contract or agreement, or some memorandum or note thereof, 
 shall be made in writing and signed by the party to be charged therewith, or by some 
 other person thereunto by him lawfully authorized. . 
 
 No contract for the sale of any goods, wares, or merohnndise, for the price of thirty* 
 five dollars or upward, shall be allowed to be good, unless the buyer shall accept part 
 of the goods so sold, and actually receive the same, or give something in earnest to bmd 
 Ibe bargain, or in part payment, or unlesfl some note or memorandum in writing, of the 
 •aid bargain, shall be made and signed by the parties to be charged by such contract, or 
 by their agents, thereunto lawfully authorized. 
 
 Limitation of Actions. 
 
 RKtkt upon lands mu«t be made within fifteen years after the right accrued, and bo 
 •uch entry shall be sufficient unless an action lie brought witbin one year thereafter. 
 No action shall be brought on any bond, or writing obligatory, contract under seal, or 
 
 Eromissory note not negotiable, but within seventeen years after right accrued. Those 
 •gaily incapable at the time such right accrued, may bring the same at any time within 
 four yeitrs after becoming legally capable. 
 
 Actions of account, debt on book, on simple contract, assumpsit founded upon im- 
 plied contract or upon any contract in writing not under seal, except promissory notes 
 not negotiable, must be brought within six years. ITiose not capable may bring it 
 within tliree years after becoming capable. 
 Actioas of trespass on the case must be brought within six years. 
 Actions upon an express contract not in writing, of trespass, and actions upun the 
 Mae for words, must be brought within three years. 
 The time when the defendant ia out of the state is excluded from the computation. 
 
 i 
 
 Collection of Debts. 
 
 Arrest. — No execution Issued in an action founded on contract merely, express ot 
 Implied, shall be levied on the body of a delitor, except in actions founded upon prom 
 ises to marry, on misconduct or neglect in any office or professional employment, or in 
 actions ln»tituted against a public officer, trustee, or any person acting in a fiduciary 
 eauacity, to recover moneys collected or received by him. 
 
 Whenever any person shall be guilty of fraud in contracting a debt, or shall conceal, 
 reuore. withhold, assign, or convev away, his estate, moneya, goods, chattels, or choses 
 Ia actions with inti-nt to nrevcnt the same from being taken by legal process, or shall 
 rcftise to pay any debt admitted by him, or established by a valid Judgment, while hav- 
 Iflf moneys or estate not exempt from execution, sufficient to discharge the same, con 
 eealed or withheld by him so that tho same can not be taken by IcrrI pnK^ess, or shall 
 refuaeU) disclose his rights of nrfif>n«, with int^^nt to prevent the same from being taken 
 by foreign attachment, nrj- - ^ • - , > • , ,y jnstimto an action on the 
 
 case, aninst cur.h per«. . :'iration. and also setting forth 
 
 particularly such fraudn of attachment and execution 
 
 Against the body of tlie ^- ...... ,.,,4 i., u,- i.,uL.:vu...i v^iOi in all respecu as in other 
 
 actions of tort. 
 
 Attachmknt.— Attachments may be granted against the goods and chattels of the 
 defendant, and for want thereof, agahtst his lauds, or against bia person when not ax* 
 impt from Impriaotunent on the execution of the suit 
 
202 SPECIAL LAWS OF CONNECTICUT. 
 
 Deeds. 
 
 AiA. grants, bargains, and mortgages of land, shall be in writing, subscribed by the grant, 
 or, and^ttested bv two witnessel'. They shall be acknow ledgecT by the R'-^'nt"'^ or ^ ant- 
 ors to be his or their free act and deed, before the town-clerk, or a county co'n"^i89'oner 
 or iusiice of the peace or notary public, or before a judge of the /"P/^'"! "^J^^fji^^ 
 court or the United States, or of the supreme or superior court, or court of commoti pleas, 
 o?countvcour° of ^y individual state.^^or before the commissioner of the school fund, or 
 before a commissioner or other officer having power to take acknowledgments of deeds, or 
 beforl I coSlurvexor when the land lies !n his county, and when deeds are executed by 
 an attorney duly authorized, his acknowledgment will be sufficient. , j„„j ,„ 
 
 Whe™fhe erantor resides in any foreign state or country, they maybe acknowledged to 
 be his or thf[r free act or deed, before any United States consul, re.^ent in such foreign 
 ?tato or count^, or before any notary public, or justice of the peace, m such foreign state 
 
 "'^ThPv mnat hft recorded at length by the register or town-clerk of the town where such 
 laS^LeTandXe?e deeds arlexe^^ by^a power of attorney, such power of attorney 
 
 " A^tl TnllequM'toCfused in this state. The wife need not be privately examined 
 apart from ner husband. . 
 
 Form of acknowledgment same as in Maine. 
 
 Rights of Married Women. 
 
 Ti.F inferest of ft married man in the real estate of his wife, belonging to her at the time 
 of t eir interSarrfage, or whkh she may have acquired by devise or inheritance during 
 covSre slmllnot le'liable to be taken by execution against him, during the life of the 
 wife or the life or lives of children the issue of such marriage. 
 
 AH real es ate acquired during coverture by the personal services of the wife, and all per- 
 «ona nroDertVaSed bHr^^^^^^ to her during the abandonment of her husbanrf, or 
 
 XleSg a^part^from hil by reason^of his abuse or habitual intemperance, is her sole and 
 
 "^^hen the^real estate of a married woman is sold, and the avails invested in her name 
 or for her benefit, fhe same ts^onslrued m equity to be her separate estate, and is not liable 
 
 'Vn1>ero^\fes^l^te'"wt^cShall accrue to anymarri^^^^^^ 
 
 Sf his wife; and at his decease, if undisposed of, vests m the wife, or her devisees, lega- 
 
 ^^HusbanSs enSd to the rents and profits of said estate, but such rents and profits can 
 nofbftaktn for his debts^xcept debfs contracted for the support of the wife and her chU- 
 dren after such estate has vested in hira as aforesaid. „„i„a» uv /.nnacnt of the wife 
 
 SjTi «nlP or transfer of such estate by the husband is valid unless by consent or uie wire, 
 or^f she be dead the consent of those^in whom her estate shall have vested-and they must 
 join with the husband in the conveyance thereof. „_„„„ >,,_ #„_, hnlTiir trustee and 
 
 ^ Courts of probate may call husband to account and remove him from being trustee ana 
 
 Md repre.enl.ti»et provided Che .imual premium shall not eiceed one hundred and hny 
 
 a'',%-eSy/rWT.<l.^rarr?le1'rrl^^^^ 
 
 '•R^Snir.lsfwT^Lrofr^s.'sir.^^^^^^^ 
 
 riage, shall be valid, and her receipt shall have the same effect as that of ner nusoana , noi 
 
 to affect right of husband's creditor to levy. , patHi« nf which 
 
 DowER.lThe widow shall have right of dower in one third ?*« of the real estate or wnicD 
 hor husband died possessed in his own right, to be to her durmg her natural life. 
 
 Rate of Interest. 
 
 The legal rate of interest is six per cent. In usiirious contract, the principal can be re- 
 covered without the interest Persons guilty of taking usury forfeit the whole of the inter 
 eet— one half to him who shall prosecute to effect, one half to state treasury. 
 
 "Wills. 
 
 ALL wlllB Shall be in writing, subscribed by the »e«Utor and attested by three witnesses 
 all of them subscribing in his presence. 
 
SPECIAL LAW^S OF NEW VO&II.. 203 
 
 NEW YORK. 
 
 Coostitation adopted, 1846.— Square Miles, 46,085.— Populadoa in 16SQ, 3,090,01& 
 
 Exemptions. 
 
 _,_J:^^ There is exempt from execution, when owned by 
 
 "^ ^^ 'l-^^ any person being a bousehoWer, the following prop- 
 V-A .♦»% . i erty : all spinning-wheels, weaving-looms, and stoves, 
 
 kept for use in any dwelling-house; the family Bible, 
 , ^,_ J family pictures, and schoolbooks used in the family, 
 
 Jl*''_j'J'> 'i^^ and a family library not exceeding in value fifty dol- 
 ' '"'*^*^tf (MH lar« ; church-pew ; ten sheep, and three fleeces, and 
 - ^MlnB^ v^H ^ yam or cloth manufactured from the same ; one 
 jj>, .^l^pagjJ^HI oow, two swine, and necessary food for them ; all ne- 
 ■»i<i^^ ^gt^pr^^ cessary pork, beef, fish, flour, and vegetables, actually 
 I ^%-g^^ ^>^^ '^ provided for family use, and necessary fuel for the use 
 of the family for sixty days ; all necessary wearing- 
 apparel, beds, bedsteads, and bedding, for such person and his family ; aitns aiid 
 accoutrements required by law to be kept ; necessary cooking-utensils ; one table, 
 •ix chairs, six knives and forks, six plates, six teacups and saucers, one sugar> 
 dish, one milkpot, one tenpot. and six spoons -, one crane and appendages, one 
 pair of andirons, and a shovel and tongs ; llie tools and implements of any me- 
 chanic necessai-y to the carrying on of his trade, not exceeding twenty-five dol- 
 lars in value. In addition to the foregoing, there is exempt necessary house- 
 hold furniture, and working tools and team, owned by any person being a house- 
 holder, or having a family for which he provides, to the value of one hundred 
 and fifty dollars: tliis exemption not to exist if the demand be for the purchase- 
 money of lach faruiture, tools, team. dec. See page 2U5. 
 
 WiUs. 
 
 Evert last will and testament of real or personal property, or both, shall be 
 executed and attested in the following manner : — 
 
 1. It shall be subscribed by the testator at the end of the will. 
 
 2. Such subscription shall be made by the testator, in the presence of each of 
 the attesting witnesses, or shall be acknowledged by him to have been so made, 
 to enrli of the attesting witnesses. 
 
 3. The testator, at the time of making such subscription, or at the time of ac- 
 knowlfMlging the same, shall declare the instrument so subscribed to be his last 
 will and testament. 
 
 4. There shall be at least two attesting witnesses, each of whom shall sign his 
 Dame as a witness, at the end of the will, at the request of the testator. 
 
 The witnesses to any will shall write opposite to their names their respective 
 places of residence :* whoever shall neglect to do so, shall forfeit fifty dollarB, to bo 
 recovered by any person interested in the property devised or bequeathed, wlic 
 will aae far the same. 
 
 * If r««idinf( In a city, th« street sod number of the house should ako be rivon 
 
0^' *^ «^f^ tA>» *iiA»^ ^iSu.t-*^ «*^.tirnv> «^.eTf?r^ «*y>«;."rA»^ 
 
 
 
 AR5lt%^\(ii»skili; 
 
 oFtcster 
 
 
 Tl 
 
 
 ynt 1, l\7is/iinffum 
 
 'ii RICHMOND 9(^^ 
 
20G SPECIAL LAWS OP NEW YORK. 
 
 Homestead-Exemption Law. 
 
 In addition to the property now exempt by law from sale nnder execntion 
 Ihere shall be exempt by law from sale on execution for debts hereafter contracted, 
 the lot and buildings thereon, occupied as a residence and owned by the debtor 
 being a householder and having a family, to the value of one thousand dollars. 
 Such exemption shall continue after the death of such householder, for the ben- 
 efit of the widow and family, some or one of them continuing to occupy such 
 homestead until the youngest child become twenty-one years of age, and until 
 the death of the widow. And no release or waiver of such exemption shall be 
 valid unless the same shall be in writing, subscribed by such householder, and 
 acknowledged in the same manner as conveyances of real estate are by law 
 required to be acknowledged. 
 
 To entitle any property to such exemption, the conveyance of the same shall 
 Bhow that it is designed to be held as a homestead under this act, or if already 
 purchased, or the conveyance does not show such design, a notice that the same 
 IS designed to be so held shall be executed and acknowledged by the person 
 owning the said property, which shall contain a full description thereof, and shall 
 be recorded in the office of the clerk of the county in which the said property is 
 situate, in a book to be provided for that purpose, and known as the " Homestead- 
 Exenaljjlion Book." But no property shall, by virtue of this act, be exempt from 
 Bale for non-payment of taxes or assessments, or for a debt contracted for the pur- 
 chase thereof, or prior to the recording of the aforesaid deed or notice. 
 
 If, in the opinion of the sheriff holding an execution against such householder, 
 the premises claimed by him or her as exempt, are worth more than one thousand 
 dollars, he shall summon six qualified jurors of his county, who shall upon^ oath, 
 to be administered to them by such sheriff, appraise said premises, and if, in the 
 opinion of the jury, the property may be divided without injury to the interests 
 of the parties, they shall set off so much of said premises, including the dwelling 
 house, as, in their opinion, shall be worth one thousand dollars, and the residue 
 of said premises may be advertised and sold by such sheriff. 
 
 In case the value of the premises shall, in the opinion of the jury, be more 
 than one thousand dollars, and can not be divided as is provided for in the last sec- 
 tion, they shall make and sign an appraisal of the value thereof, and deliver the 
 same to the sheriff, who shall deliver a copy thereof to the execution debtor, or 
 to some of his family, of suitable age to understand the nature thereof, with a no- 
 tice thereof attached, that unless the execution debtor shall pay to said sherifTthe 
 surplus over and above one thousand dollars within sixty days thereafter, that 
 such premises will be sold. 
 
 In case such Hurplus shall not be paid. within the said sixty days, it shall bo 
 lawful for the sheriff to advertise and sell the said premises, and out of the pro-" 
 ceeds of such sale to pay to such execution debtor the said sum of one thousand 
 dollars, which shall be exempt from execution for one year thereafter, and apply 
 the balance on such execution; provided, that no sale shall be made unless a 
 greater sum than one thousand dollars shall be bid therefor, in which case the 
 sheriff may return the execution for want of property. 
 
 The costs and expenses or selling off such homestead, as provided herein, 
 shall be charged and included in the 8herifi"8 bill of costs upon the said execu 
 tion. 
 
 This act shall take effect on the first day of January, one tJ^uaaDd eight ban 
 dred and fiHy one 
 
the 
 
 ■F; 
 
 8FECIAL LAWS OP NEW YOaK.. 2()7 
 
 Mechanics' LiexL 
 
 $ 1 Ant person who Buall hereafter, by virtue of any contract with the owntr 
 tliereof, or hia agHjnl, or any person who in pursuance of an agreement with any 
 «uch contractor, shall, in conformity with the terms of the contract with sucli 
 owner or agent, perform any labor or furnish materials in building, altering, or 
 repairing any house or other building in the several cities in this state (except 
 the city of New York), and in the villages of Syracuse. Williamsburgh, Geneva, 
 Oswego, Auburn, and Canandaigua, shall have a lien for the value of such labor 
 and materials, upon such house or building and appurtenances, and upon the lot 
 of land on which the same stand, to the extent of the right, title, and interest, at 
 that lime existing of such owner, in the manner and to the extent hereinafter pro- 
 vided ; but the aggregate of all the liens authorized by this act to be created, for 
 the labor performed and materials furnished, shall not exceed the price stij)ulated 
 io tlie contract with such owner or his agent to be paid therefor. 
 
 $ 2. The person performing such labor or furnishing such materials shall cause to 
 drawn up specifications of the work by him contracted to be perfermed or 
 terials to be furnished, and stating the price or prices agreed to be paid there- 
 iDr. and shall file them, or if there be a contract in writing, a true copy thereof 
 fo the office of the clerk of the county in which the city or village may be situ- 
 ated, and serve a notice thereof personally on such owner, or his said agent, 
 within twenty days after the makmg such contract, or aftirr commencing such 
 labor, or the funiishing of said materials. Time extended to 30 days in Buffalo. 
 
 § 3. The lien so created by this act shall take effect from the time of such filing 
 and such service of said notice, and shall continue in full force for the space of 
 one year tltereafier. 
 
 $ 4. Any owner and any contractor or laborer, or any person furnishing materials 
 In pursuance of any contract made by such contractor with such owner, or his 
 •aid agent therefor, may, after such labor has been performed or materials fur 
 nished, enforce or brin,<to close such lien, by serving or causing a notice to be 
 served personally on such owner or his agent, contractor or laborer, or person 
 fiiruiaiiing materials, requiring him to appear in the court of common pleas of the 
 county, or in a justice's court of the city or viUafie in the county in which such 
 building is situated, either in j»erson or by attorney, at a time certain on some 
 day to be specified in such notice, not less than twenty days from the service 
 tliereof, and submit to an accounting and settlement in such court of the amount 
 due or claimed to be due under such contract, for the labor thus performed, or the 
 Diatorials thus furnished. 
 
 ^ 5. At the time of, or within ten days after the service of such notice, a bill of 
 pariculars of the amount claimed to be due shall be served personally on such 
 owner, and acrompanying the same shall be a notice to produce a bill of particu- 
 lars of^ any offset which may claimed to the same within ten days thereafter, 
 which shall be served in like manner. 
 
 & y. Any person perf(»rniing8uch lalior or furnishing such materials, in pnr.<:aance 
 of any agreement made by him with the original contractor with eucli owner or 
 his said agent, who shall have done the acts prescribed by the second section of 
 this act, to create a lien therefor, shall have a lien for only su<:h labor as glial! bo 
 performed and for only such materials as sliall be furnished subsequently thereto. 
 
 ^ 10. Any such person, within thirty days after such labor has been performed 
 or such materials have been furnished, and claiming to havo a lion therefor, sbail 
 produce and deliver to the ow'ner or his agent a statement in writing, signed by 
 liiiriHcIf and the said contractor, s|>ecifving how much is due to such person for 
 ■ urh laUjr done or materials furnished : or, in default of srj doing, shall take the 
 necessary proceedings against such contractor Uj procure an accounting and set- 
 il.-meni of the amount due or owing for such labor or materials. The amount so 
 a-certain.d t) l>r due shall be paid by the owner, and the same shall be deemed to 
 \)f B. \<A tie owner on the contract made with such owner or his agent. 
 
 1 ii< ,rn are extended to the town of Kingiton, in the county of UUler, 
 
 and In : . mty, except that the bill of particulMm and of off«ot rcquir«*d by tlio 
 
 fiftii acctioii mwy be t«rred at the time or within jV><«7* daya after th« tMrrice of aucb notica. 
 
SOS SPECIAL LAWS OF NEW YORK. 
 
 IJy acts of 1851, 1852, and 1853, provision is made for a lien in the counties of WeaU 
 Chester, Putnam, Ulster, Dutchess, Kenssolaer, Rockland, and Chemung, and the town 
 of Newhurgh, in Orange county. An act of 1853 provides for a lien in Kings county. 
 
 A special lien law was passed in 1854, for the counties of Westchei^ter. Oneida, Cort- 
 \ind, Broome, Putnam, Rockland, Orleans, Niagara, Livingston, Otsego, Lewis, Orange, 
 and Dutchess. 
 
 LIEir FOa THB CITT OF NEW YORK. 
 
 Any person vi^ho shall hereafter, by virtue of any contract with the owner thereof, or bit 
 agent, or any person who, in pursuance of an afrreemenl with any such contractor, shall, in 
 conformity with the terms of such contraat, perform any labor or furnish materials in build- 
 ing, altering:, or repairing, any house or other building, or appurtenances to any house or 
 other building, in the city of New York, shall, upon filing the notice prescribed in the sixth 
 paragraph, have a lien for the value of such lahor and materials upon such house or Imild- 
 mg and appurtenances, and upon the lot of land upon which the same stand, to the extent 
 of tlie rignl, title, and interest, at fhat time existing, of such owner, in the mannei and to the 
 extent hereinafter provided ; but such owner shall not be obliged to pay for, or on account 
 of such house, other building, or other appurtenances, in consideration of all the liens au- 
 thorized by this act to be created, any greater sum or amount than the price stipulated and 
 Hgreed to be paid therefor in and by such contract. 
 
 Any person furnishing such materials or performing such labor, In pursuance of a written 
 contract with such owner or his agent, shall produce such contract, or the best evidence 
 thereof in his possession, the validity of which shall be established in evidence before the 
 court in which he may bring his suit to recover the value of his lien, and shall recover no 
 more than the price stipulated to be paid to him in such contract. 
 
 Any person performing such labor or furnishing such materials, without a written con- 
 tract with such owner or his agent, shall produce evidence as mentioned in the preceding 
 paragraph, to establish the value of such labor or materials, and that the same were used 
 oy the said owner or his agent, or the original contractor in the erection, alteration, or re- 
 pairing, of such building. 
 
 Any contractor or laborer, or any person ftimishing materials in pursuance of any con- 
 tract made by such contractor with such owner or his said atrent therefor, may, after such 
 labor has been performed or materials furnished, enforce or bring to a close such lien, by 
 serving or causing a notice to be served personally on such owner or his agent, contractor 
 or laborer or person furnisiiing materials, Tequ'iring him to appear in the court of common 
 pleas, or, provided the amount claimed do no* exceed one hundred dollars, in a justice's 
 courtof the judicial district in which such building is situated, or in the marine court of said 
 city and county of New York, either in person or by attorney, at a time certain upon some 
 day to be specified in such notice, not less than twenty days frojn the service thereof, and 
 submit to an accounting and set; lenient in such court, of the amount due or claimed to be 
 due for the labor thus^performed, or the materials thus furnished. 
 
 At the time, or within fifteen days after the service of such notice, a bill of particulars of 
 the amount claimed to be due shall be served personally on such owner, or his legal repre- 
 sentatives, and also a bill of particulars of any oflset which may be claimed to the same 
 shall be served in like manner upoq the laborer, contractor, or person furnishing materi^s, 
 as the case may be. 
 
 Within six months after the performaKce of such labor or the furnishing of such materi- 
 als, the contractor, sub-contractor, laborer or person furnishing materials shall serve a no- 
 tice in writing upon the county clerk, specilying 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, oy its street and number, if the number be knj^-n. 
 
 In case said owner shall not appear at the time and place specified in the notice given, in 
 pursuance of the requirements of the fourth and fiflh paragraphs, then, on filing with the 
 county clerk, or with the clerk of the marine court, or with the justice, an affidavit of the 
 service of such notice, and of the default of the owner to appear, a writ of inquiry may be 
 Issued to the sheriff of said city and county, to assess the amount of such claim, or the amount 
 uf such claim may be assessed l)y the court of common pleas, justice's court, or the marine 
 court, as the case may be; and upon the return of the writ of inquiry, or the assessment by 
 the court, judgment "shall be entered upon the same, and execution shall issue for the en- 
 forcement of said claim so adjudicated and established, in the same manner as in cases 
 upon other judgments in such courts. 
 
 On the appearance of both parties in pursuance of the above requirement, issue shall be 
 joined upon the claims made, and notice of set-off served, and the same may be noticed for 
 trial and put upon the calendar of said court by either party, and shall be governed, tried, 
 and the judgment thereon enforced, in all respects in the same mnnner as upon issues joined 
 and judgments rendered in all othe*- civil ar-,.ions for the recovery of moneys in said court. 
 
 The judgment obtainea may be filed by the successful party with the county clerk, who 
 shall record the name of the court, amount of judgment if for claimant, or where tlie judg- 
 ment is against the claimant, the word, " disclmrged" shall be entered airainst it. 
 
 Tlie lien may be discharged as follows : 1. By filing a certificate of the claimant or his 
 successors in interest, acknowledged or proved in the same manner as the satisfaction of a 
 mortgage, stating that the lien is discharged : or— 2. Bvthe deposite withtheclerkof a sura 
 of money equal to the amount claimed, which money shall thereupon be held subject to ihe 
 lien : or— 3. By an entry of the clerk made in the book of liens, after one year has elapsed 
 since the filing of the claim, stating that no notice has been given to him of legal steps to 
 en/orce the lien : or — 4. By an affidavit of service of a notice from the owner to the claim- 
 ant rsqnlrisK bias to commence an action for the enforcement of his lieu, on or before a cer 
 
SPECIAL LAWS OP NEW YORK. 209 
 
 tatn hoar or day specified in lald notice, and the lapse of thirty days thereatter, withont any 
 affidarit from trie claimant t>ein? filed of the service of the notice required in the fourth par- 
 agraph: or-^. Bv satisfaction of the lien, upon an action for the enforcement thereof 
 
 Every lien created under the tirst paragraph of thie act, shall continue until the expiration 
 of one year from the creation thereof, and until jud{,Tuent rendered tn any proceedmgs for 
 the enforcement tbereo£ 
 
 ]<IEN OH SHIPS. 
 
 Whenever a debt, amounting to fifty dollars or upward, shall be contracted by the mas- 
 ter, owner, atrent, or consitrnee, of any ship or vessel within this slate, for either of the fol- 
 lowing purposes — 1. On account of any work done or materials furnished in this slate, for 
 or toward the building, repairing, fittmg, funiishing. or equipping, such ship or vessel; 
 2. For such provisions and stores furnished within this state as may lie fit and proper for 
 the use of such vessel at the time when the same were furnished: 3. On accomit of ilie 
 wharfa-re and the expense of keeping sucl) vessel in port, including the expense incurred 
 in employing persons to watch her— such debt shall be a lien upon such ship or vessel, her 
 tackle, appafel, and furniture, and shall be preferred to all oUier liens thereon, except uiar- 
 iners' wa^^es. 
 
 \Vhen the ship or vessel shall depart from the port at which she was when such debt waa 
 • port wiihii 
 the expiration of twelve aays after the day of such departure ; and in all cases such lien 
 
 contracted, to some other port within this state, every such debt shall cease to be u lien at 
 
 shall cease immediately alter the vessel sliall have led the state. 
 
 Whenever any ship or vessel shall have been run down or run afoul of by any other ship 
 or vessel, through the neglitrence or wilful misconduct of those navifrtiting such other shin 
 or vessel, and shall thereby have sustained daniiige to the extent of fifty dollars or uj)wara, 
 the owner of said ship or vessel so sustaining damage shall have a lien upon the ship or 
 vessel causing such damage in manner aforesaid, her tackle, apparel, and furniture, to the 
 extent of such damage. The lien shall ccsKe unless a warrant to enforce the same be issued 
 within twenty days after the damage shall be done. 
 
 Chattel Mortgages. 
 
 Etkut mortgage of personal property which shall not be accompanied with an Immo- 
 diate delivery, and be followed by an actual and continued change of possession of the 
 things mortgaged, is absolutely void us against the creditors of the mortgager and subse- 
 quent mortgagees and purchasers in trooU faith, unless the Uiortgage, or a true copy thereof, 
 ■hall be filed in the several towns and cities of the state where the mortgager, if a resident 
 of the state, resides; if he be not a resident, then in the city or town where the property 
 mortgaged shall be at the time of the execution of the mortgage. In tlie city of New York 
 they must be filed in the register's olfice; in tl»e several towns in which the county clerk'l 
 ofiice i« kept, in the county clerk's office ; in other towns, in the town clerk's office. 
 
 La'w Regulating Contracts. 
 
 Evert contract for the leasing for a longer period than one year, or for the sale of any 
 lands, or any interest in lands, shall be void, unless the contract, or some note or memorun- 
 dum iliereot, expressing the consideration, be in writing, and be subscribed liy the nuriy by 
 whom the lease or sale is to be made, or subscribed by the agent of such party lawfully 
 au!hijri/»*'l. 
 
 In thf following cases, every agreement shall be void, unless such agreement, or some 
 
 not!" or itifinornndum tnereof, expressing the consideration, be in writing, and subscribed 
 
 • .\ ':.'■ : ir-y to becliarged therewith: I. Every agreement that, by its terms, is not to bo 
 
 A ithin one year from the making iliereof. 2. Every special promise to answer 
 
 , 'lefault, or miscarriage, of another person. 3. Every agreement, promise, or 
 
 u 1. :.'. made npnn ronsiderntion of marriage, except mutual promises to marry. 
 
 ' lU, cha'lels, or things in action, for the price of fifty 
 
 A note or memorandum of such conduct be made 
 ••9 to be charged thereby: or— 2. Unlcjss the l)uyer 
 ■ ^ ;; nods, or the evidences, or some of them, of such 
 
 lioii : or— a. Lulcss the buyer shall, at tlie lime, pay some part of the purchase- 
 money. 
 
 Whorjf'Ter goods shall be sold ut public auction, and the auctioneer shall, at the lime of 
 
 r- - n a sale-book a menioran'luin specifying the nature and price of the property 
 
 riis of the sale, tiie iiiime of the purcbHser, and the name of the person on whose 
 
 cKle is made, such memorandum shall be deemed a note of the coutracl of sale, 
 
 meauinK of the last section. 
 
 Limitation of Actions. 
 
 No action for tho recovery of renl property, or for tire recovery of the possessior] thereof, 
 •hall b« mamtatnod, unless h appear iliat the plaintiff, his ancestor, prediresaor, or grantor 
 WW seized or possessed o' the pron ses in question, within twenty years before the coi» 
 BDeoeeiiwtt of aueh acUoa^ 
 
 lb* 
 
210 SPECIAL LAWS OP NEW YORK. 
 
 No entry npon real estate shall be deemed sufficient, or valid as a claim, nn- 
 less an action be commenced thereupon within one year afrer the making of such 
 entry, and within twenty years from tlie time when the right to make such entry 
 descended or accrued. 
 
 An action u[»on a judgment or decree of any court of the United States, or of 
 any slate or territory within the United States, or an action upon a sealed instru- 
 ment, shall be commenced within twenty years. 
 
 The following actions shall be commenced within six years : — 
 
 1. An action upon a contract, obligation, or liability, express or implied, ex- 
 cepting those mentioned in the previous section. 
 
 2. An action upon a liability created by statute, other than a penalty or forfeiture. 
 
 3. An action for trespass upon real property. 
 
 4. An action for taking, detaining, or injuring any goods or cliattels, including 
 actions for the specific recovery of personal property. 
 
 5. An action for criminal conversation, or for any other injury to the person or 
 rights of another, not arising on contract, and not hereinafter enumerated. 
 
 6. An action for relief, on the ground of fraud ; in cases which heretofore were 
 solely cognisable by the court of chancery ; the cause of action in such case not 
 to be deemed to have accrued, until the discovery by the aggrieved party, of the 
 facts constituting the fraud. 
 
 An action against a sheriff, coroner, or constable, upon a liability incurred by 
 the doing of an act in his official capacity, and in virtue of his office, or by the 
 omission of an official duty, including the non-paj'ment of money collected upon 
 an execution, shall be commenced within three years; but this section shall not 
 apply to an aciion fot an escape. 
 
 An action for libel, slander, assault, battery, or false imprisonment, or an action 
 npon a statute, for a forfeiture or penalty to the people of this state, shall be com- 
 menced witliin two years. 
 
 In an action brought to recover a balance due upon a mutual, open, and cur- 
 rent account, where there have been reciprocal demands between the parties, 
 the cause of action shall be deemed to have accrued from the time of the last 
 item proved in the account on either side. 
 
 Collection of Debts. 
 
 Arrest.— No person shall be an-ested in a civil action except as prescribed 
 by this act. 
 
 The defendant may be arrested, as hereinafter prescribed, in the following 
 cases : — 
 
 1. In an action for tlie recovery of damages, on a cause of action not arising 
 OTit of codtract, where the defendant is not a resident of the state, or is about to 
 remove therefrom, or where the action is for an injury to person or character, or 
 for injuring or for wrongfully taking, detaining, or convertmg property. 
 
 2. In an action for a fine or penalty, or on a promise to marry, or for money 
 received, or property embezzled or fraudulently misapplitid, by a public officer or 
 by an attorney, solicitor, or counsellor, or by an officer or agent of a corporation 
 or banking association, in the course of his employment as such, or by any factor, 
 agent, broker, or other person in a fiduciary capacity, or for any misconduct or 
 neglect in office, or in a professional employment. 
 
 3. In an action to recover the possession of personal property unjustly de- 
 tained, where the property or any part thereof has been concealed, removed, or 
 disposed of, so that it can not be found or taken by the sheriff. 
 
 4. When the defendant has been guilty of a fraud, in contracting the debt, or 
 incniTing the obligation for which the action is brought, or in concealing or dis- 
 posing of the property, for the taking, detention, or conversion of which, the action 
 IS bi-ought 
 
 5. When the defendant has removed or disposed of his property, or ia about to 
 do so with intent to defraud his creditors. 
 
SPECIAL LAWS OP NEW YORK. 211 
 
 But no female shall be arrested in any action, except for a wilful injury to pet^ 
 •on, character, or pmperty. 
 
 Before making the order, the judge shall require a written undertaking on the 
 part of the plaintiff, with or without Sureties, to the effect that if tlie defendant 
 recover judgment, the plaintiff will pay all costs that may be awarded to the 
 defendant, and all damages which he may sustain by reason of the arrest, not 
 exceeding the sum specified in the undertaking, which shall be at least one hun- 
 dred dollars. 
 
 Attachment. — In an action for the recovery of money, against a corporation 
 created by or under the laws of any other state government or country, or against 
 a defendant who is not a resident of this state, or against a defendant who has 
 absconded or concealed himself as hereinafter mentioned, the plaintiff, at the time 
 of issuing the summons, or at any time afterward, may have the property of such 
 defendant attached, in the manner hereinafler prescribed, as a security for the 
 latisfaclion of such judgment as the plaintiff may recover. 
 
 The warrant may be issued whenever it shall appear by affidavit that a cause 
 of action exists against such defendant, specifjnng the amount of the claim, and 
 the grounds thereof, and tliat the defendant is eitlier a foreign corporation, or not 
 a resident of this state, or has departed therefrom with intent to defraud his 
 creditors, or to avoid the service of a summons, or keeps himself concealed 
 tberem with tlie like intent. 
 
 Before issuing the warrant, the Judge shall require a writteti undertaking on 
 the part of the plaintifl* with sufficient surety, to the effect that if the defendant 
 recover judgment, the plaintiff will pay all costs that may be awarded to the de- 
 fendant, and all damages which he may sustain, by reason of the attachment, not 
 exceeding the sum specified in the undertaking, which shall be at least two hun- 
 dred and fifty dollars. 
 
 The warrant shall be directed to the sheriff of any county in which property 
 of sach defendant may be, and shall require him to attach and safely keep all the 
 property of such defendant within his county. Several warrants may be issued 
 at the same time to the sheriffs of different counties. 
 
 Deeds. 
 
 Evert grant in fee or of a freehold estate shall be subscribed and sealed by 
 the person from whom the estate or interest conveyed is intended to pass, or hia 
 lawful agent ; and if not duly acknowledged previous to its delivery, according 
 to the prrtvisiona [below], its execution and delivery shall be attested by at least 
 one witness ; or if not so attested, it shall not take effect as against a purchaser 
 or incumbrancer, until so acknowledged. A wafer seal must be used. 
 
 Every conveyance of real estate within tliis state, hereafter made, shall be 
 .recorded In the office of the clerk of the county where such real estate shall lie 
 ■ituatcd ; and every such conveyance not so recorded shall be void as against any 
 subsequent purchaser, in good taith and for a valuable consideration of the same 
 real estate, or any portion theretif, whose conveyance shall be first duly recorded. 
 
 To entitle any conveyance, hereafter made, to be recorded by any county 
 clerk, it shall be acknowledged by the party or parties executing the same, or 
 •hall be proved by a subscribing witness thereto, before any one of the following 
 officers : — 
 
 If acknowledged or proved within this state, ju»'tice« of the supreme court, 
 iurJcci of county courts, mayors and recorders of cities, commissioners of deedt 
 In ci ties, justices of the peace in the several towns of this state ; but no county 
 JodkM! or commissioner of deeds f<tr a city, nor justice of tbe peace for a county, 
 •hall take any sii.h proof or acknowledgment out of the city or county for which 
 be was «i»[>f)intofl : 
 
 If ocluiowledged or proved out of this state, and within the United States 
 the chief justice and associate justices of the supremo court of tlie United States 
 iistrict judge* of tlie United BtaloR, the judges or joatices of the miprome, sapa 
 
212 SPECIAL LAWS OF NEW YORK. 
 
 rior, or circuit conrt, of any etate or territory within the United Stafes, and the 
 chief judge or any associate judge of the circuit court of the United States in the 
 District of Columbia ; b\k no proof or acknowledgment, taken by any such officer, 
 shall entitle a conveyance to be recorded, mless taken within some place or terri- 
 tory to which the jurisdiction of the court to which he belongs extends: 
 
 In forciiin conritries, before any consul, vice-consul, or minister resident of thf! United 
 States, Hppointed to reside at any foreign port or place, duly certified under their hand 
 Biid eeal of office. 
 
 'J'ho- proof or acknowledgment of any deed, when made by any person residing out 
 of this stiite, and within any other state or territory of the United States, may be made 
 before any officer of s\ich etate or territory, authorized by the laws thereof to take the 
 proof and acknowledgment of deeds; provided that no such acknowk'dgtnent shall be 
 valid unless the officer taking the same shall know or have satisfactory evidence that 
 the person making such acknowledgment is the individual described in, and who exe- 
 cuted the said deed. 
 
 There shall be subjoined to the certificate of proof or acknowledgment, signed by 
 such officer, a certificate hnder the name and official seal of the clerk, register, recorder, 
 or a prothonotary having charge of the official seal of the county in which such officer 
 resides, or of the county or di-tiict court, or court of common pleas, thereof, specifying 
 that such officer was, at the time of taking such proof or acknowledgment, duly author- 
 ized to take the same, and that such clerk, register, recorder, or prothonotary or clerk 
 of any court as aforesaid, having a seal, is well acquainted with the handwriting of such 
 officer, and verily believes that the signature to said certificate of proof and acknowledg- 
 ment is genuine. , 
 
 No acknowledgment of any conveyance having been executed shall be taken 
 by any officer, unless the officer taking the s&me shall Jinow or have satisfactory 
 evidence that the person making such acknowledgment is the individual de- 
 scribed in and who executed such conveyance. 
 
 The acknowledgment of a married woman residing within this state, to a con- 
 veyance purporting to be executed by her, shall not be taken, unless, in addition 
 to the requisites contained in the preceding"^ section, she acknowledge, on a pri- 
 vate examination, apart from her husband, that she executed such conveyance 
 freely, and without any fear or compulsion of her husband. 
 
 When any married woman, not residing in this state, shall join with her hus- 
 band in any conveyance of any real estate situate within this state, the convey- 
 ance shall have the same effect as if she were sole ; and the acknowledgment or 
 proof of the execution of such conveyance by her may be the same as if she were 
 eole. 
 
 Form of Acknowledgment. 
 State of New York, ) . „,., 
 County of Xt;i^*,r°^''' 
 
 On thifijirst day of October, one tbonsand eight hundred and ffty, before me 
 personally came John Doe and Susan his vife, to me known to be the individ- 
 uals described in and who executed the foregoing conveyance, and acknowledged 
 that they executed the same [and the said Susan, on a private examination, 
 $epnraie and apart from her husband, ackumvled^ed that she executed the samt^ 
 freely, and without any fear or compulsion of her said husband]. 
 
 JOHN JONES, Justice of the Peace. 
 
 Where there is no wife, the parts referring to her may be omitted. 
 
 Form of Certificate of Proof by the subscribing Witness. 
 
 State of New York, ) . .. . 
 County of Kings,] ^ ^^^ • 
 On th\s first day of October, one thousand eight hundred and j^fty, before me 
 personally came John Smith, subscribing w^itness to the iore^oing conveyance, 
 to me known, who being by me duly sworn, did depose and say, that he res'des 
 in the toivn of Bushwick, in said county ; that he knew John Doe, the individual 
 described in and who executed the said conveyance ; that he was present, and 
 did see the said John Doe sign, seal, and deliver the same, as and for his act 
 and deed ; and that the said John Doe then acknowledged the execution thereofi 
 Wrbcreupon the said John Smith became the subscribing witness thereto. 
 
 JOHN JONES, Justin of tU Teace. 
 
SPECIAL LAWS OP NEW YORK. 213 
 
 Rights of Married Women. 
 
 The real and personal property of any female who may hereafiei marrj% and 
 whirb slie shall own at ihe time of marriage, and the rents, issues, and profita 
 thereof, shall not be aulyect to the disposal of her husband, nor be liable fur his 
 d«bts, and shall continue her sole and separate property, as if she were a single 
 female. 
 
 Any married female may take, by inheritance, or by gift, grant, devise, or be- 
 quest, from any person other than her husband, and hold to i)er sole and separate 
 use, and convey and <levise real and personal property, and any interest or estate 
 therein, and the rents, issues, and profits thereof, in the same manner and wilh 
 like etfecl as if she were unmhrried, and the same shall not be subject to the dis- 
 posal of her husband, nor be liable for his debts. 
 
 Any person who may hold, or may hereafter hold, as trustee for any married 
 woman, any real or personal estate, or other property, under any deed of con- 
 veyance or otherwise, on the written request of such married woman, accompa- 
 nied by a certificate of a justice of the supreme court, that he has examined the 
 condition and situation of the property, and made due inquiry into the capacity 
 of such married woman to manage and control the same, may convey to such 
 married woman, by deed or otherwise, all or any portion of such property, ofthe 
 rent.'', issues, or profits thereof, for her sole and separate use ami benefit. 
 
 All contracts made between persons in contemplation of mairiage shall remain 
 in full force after snch marriage takes place. 
 
 It shHll be lawful for any married woman, by herself and in her name, or in the 
 name of any third person, with his assent, as her trustee, to cause to be insured, 
 f(»r her sole use, the life of her husband for any definite period, or for the term 
 of liis natural life; and in ca.se of her surviving her husband, the sum or net 
 amount of the insurance becoming due and payable, by the terms of the insu- 
 rance, sliall be payable to her, to and for her own use, free from the claims of 
 the representatives of her husband or of any of his creditors ; but sucH exemption 
 ■hall not apply where the amount of premium annually paid shall exceed thi*ce 
 hundred dollars. * 
 
 In case of the death of the wife before the decease of her husband, the amount 
 of the insurance may be made payable, aiter her death, to her children, ibr their 
 use, and to their guardian l{ under age. 
 
 Kvery married woman, being a resident of this state, who shall receive a 
 patent tor her own invention, pursuant to the laws of the United States, may hold 
 and enjoy the same, and all the proceeds, benefits, and profits thereof and of 
 ■Gch invention, to her own separate une, free and independent of her hu.sband 
 and his cre<iiiors. and may transfer and dispose thereof, and in every respect per- 
 Ibrm all acts in relation thereto, in the same manner as if she were unmarried , 
 but this act shall not authorize such married woman to contract any pecuniary 
 (ililit'iuions to be discharged at any future time. 
 
 Wht-n any de^KMite shall be made in any savings bank or institution, by any 
 f. nialir. b^MU^' or hereafter bccnminif a married woman, in her own name, it shall 
 bt; Ih wful for the trustees or officers of such bank or institution to pay such depos- 
 itor Huch sum or sums as may be due such female, and the receipt or acquittance 
 of such depositor shall bo a sufficient legal discharge to tiie said corporation 
 therefor. 
 
 DuwER.— A widow shall be endowed with the third part of all the lands 
 whereof her husband was seized, of an eatate of inheritance, at any time daring 
 ibe marriage. 
 
 I 
 
 Rate of Interest 
 
 ^ Th e lega] rate it woven per cent. All contracts, whereby a higher rate If 
 re«erve<i, are voi<l. Corporations con not set up the defence of usur;'. 
 
214 
 
216 
 
 SPECIAL LAWS OF NEW JERSEY. 
 
 NEW JERSEY. 
 
 ConetitutioD adopted 1844— Square Miles 8,320— Rppulation in 1850 488,673. 
 
 • 
 
 Exemptions. 
 
 The following articles being the property cf any one 
 having a family is exempt from levy and eale on executioUi 
 One cow ; one bed and bedding ; one cradle ; one stove ; 
 one half cord of firewood ; one half ton of stone coal ; one 
 epinning-wheel ; one table ; six chairs ; one hog ; one hun- 
 dred weight of flour; one iron cooking pot; one dozen 
 knives and forks; one dozen plates; one dozen spoons; 
 one half dozen bowls ; two pails ; one barrel ; one coffee* 
 pot ; one tub ; one frying-pan ; the necessary tools of a 
 tradesman, not exceeding in value ten dollars; and all 
 necessary wearing apparel. 
 
 The above exemptions apply to contracts made previous 
 to March 18. 18.51; after that date, household goods, chat- 
 tels, and tradesmen's tools, to the value of $:200, and all wearing apparel, the property 
 of any debtor having a family residing in this state, shall bo reserved, as well after as 
 before the death of the debtor, for the use of the family against all creditors, and shall 
 not be liable to be seized or taken by virtue of any execution or civil process whatever, 
 issued out of any court in this state (except the same be issued in cases of taxation) on 
 any c.-;ntrnct made after the passage of this act 
 
 This act does not protect from sale under any execution or process any goods, chat- 
 tels, or property, for the purchase whereof the debt or demand for which the judgment 
 on which the execution or process was issued shall have been contracted. 
 
 If an oflicer can not find sufficient other property to satisfy an execution, then a judge 
 of common pleas is to appoint three disinterested persons to appraise the goods, with- 
 out reference to what they might bring at vendue, when, if tlioy amount to more than 
 $200. the debtor is allowed to select such as he may choose to this amount, and the bal- 
 ance to be sold. The plaintiti' must have five days notice of time and place of apprais» 
 ment. 
 
 A widow of a deceased debtor, or bis administrator, may select the same amount tin- 
 der similar-provisions. 
 
 Mechanics' Lien. 
 
 Every building hereafter erected or built within this stale, shall be liable for the payment 
 of any debt, contracted and owing to any person for labor performed, or materials fur- 
 nished, for the erection and construction liiereof, which del»t sliall he a lien on sucli build- 
 itifT. and on the land whereon it stands, including the lot or cuiliiage whereon the same is 
 e reeled. 
 
 VVhsn any building shall be erected in whole or in part by contract in writing, such build- 
 ing, and ilie land whereon it stands, shall ha liable to the contractor alone, for work done 
 or materials furnished in pursuance of such contract; provided, such contract or a duplicate 
 tliereof, \»i filed in the otlice of the clerk of the county in which such building is situate, be- 
 fore such work done or materials furnished ; and no building or land shall be liable for 
 work done by any person, not employed by the owner or his agent, on his account. 
 
 If the master workman or contractor refuse to pay any person for the materials furnished 
 or workman for labor in the erection or con.mruction of any liuilding, notice must be given 
 in writinjj; to the owner of said buildinisf of the amount due — when the owner may retain 
 I Jd amount from the contractor (afler giving him written notice of the amount and demand), 
 und should he still refuse to adjust the same, the owner can pay the claim and deduct it from 
 the amount due the contractor or master-workman, on being satisfied of the correctness of 
 such demand. 
 
 When buildings are erected on leased land by a tenant without the written consent of tbo 
 owner (and which if given, must be recorded as deeds are) the building alone is liable. 
 
 To entiiie any person to the i)enefit8 of this act he must within one year after the labor id 
 iierfornied or nialerial.'^ are furnished, file his claim with the county clerk of the county 
 vvliLirein sucii building' is situated — describe tlie buildings and land — name ilie owner of the 
 biller and the person for whom and at wlio.ie request the labor was performed, or the ma- 
 terials furnished— state the amount and kind of lultor performed and materials furnished— 
 .he dates— and at what prices— giving credit for payments made thereupon or deductions 
 ihat ouglit to be made therefrom striking the balance due — and if the price of labor or mate- 
 "ials was agreed upon, stale it 
 
 This liill of particulars and statement must by verified by the oath of the claimant, or his 
 agent in said matter setting furili that llie same is for labor dune or muterlali furnisbod ia 
 
SPECIAL LAWS OF NEW JERSEY. 217 
 
 the erection of the bnildin? described in the claim, at the time therein specifipd, nnd that 
 the amount as therein ciaimed is justly due. If the claim is not filed in the nianner or with- 
 in the time liefore mentioned, or if the bill of particulars contain any wilful or fraudulent 
 wiTPSlatement of the matters above directed to be inserted therein, the building or lands will 
 be free from all iien for the matters in such claim. 
 
 The county clerk must record tlie same in the " Lien Docket," for which service his com- 
 pensation shall be twelve cents for each claim or contract and at the rate of eight cents per 
 folio for entries made in the lien docket— and six cents for every search made in the office 
 for such lien or contract. 
 
 Suiu to recover must be instituted in the circuit court of the county where such buildinps 
 are situated, and summons must issue witliin one year after the labor is performed or mate- 
 rials are fumislied. When judgment is obtained the eherifl" can advertise aud sell such 
 build injjs or lands to pay liens. 
 
 Lniids or buildin;:s may be discharged from lien, 1st, by payment and receipt therefor 
 from the claimant properly acknowledged — 2d, by payment" to tlie county clerk — 3d, by tli« 
 expiration of the tmie limited for issuing a summons on such lien claims, without any sum- 
 mons i)eing issued or without notice thereof endorsed on said claim — 4th, by filing an afli- 
 davit that a notice from the owner to the claimant, requiring such claimant to commence 
 «uit in thirty days from the service of such notice and the lapse of thirty days after such 
 service witfioui'such suit beiwg commenced or without an entry of the time of issuing sucU 
 summons l>eing made on such claims. 
 
 When there are several or more than one lien claim upon the same building or land all 
 shall t)e paid pro rata out of the proceeds of sale w hen sold by virtue of this act. 
 
 The above provisions apply also to additions to buildings, fixed machinery, gearing, or 
 other fixtures for manufacturing purposes. An amendment to this act extends them " to all 
 mills HJid manufactories of whatever description, and to the lots of land or curtilages wher- 
 .Yer 'lie same are ert^ted for debts by the owner thereof or by any other person wiUi the 
 consfit of the owner in writing, for work done or materials furnished for or about the re- 
 jmirinir of any lixed machinery, or gearing, or otiier fixtures for manufacturing purposes on 
 tlie same." iThis does not cover debts for repairs or alterations of the builditiff. 
 
 The act provides the mode of procedure, if the land owner desires to contest the claim, 
 nnd to free his house and land from the lien ; also the mode of proceeding to stay other suits 
 until judgment ia rendered in the first suit. 
 
 Law regulating Contracts. 
 
 No Jeaaec, estates, or interests, or term or terms of year or years, or any uncertain inter- 
 est of, "n, to, or wit of, any messuages, lands, tenements, or hereditaments, shall, at any 
 time horeiifter, bo assigned," granted, or surrendered, unless it be by deed or note in writing 
 sitrned liy tlie party so assigning, granting, or surrendering the same, or his. her, or tlieir 
 agent or agents, thereunto lawfully^authonzed by writing, or by act and operation of law. 
 
 No action sliall be broucbt, whereby to charge any executor, or administrator. up<»n any 
 special proujise to answer damages out of his own estate ; or whereby to charge the do- 
 f'-ndant upon any special profiiise to answer for the debt, default, or miscarriages of anoth- 
 er person; or locharge any person upon any agreement made upon consideration of tnar- 
 riago ; ur upon any contract <fr sale of lan<i«, tenements, or liereditamenl.i, or anv interest 
 in or concerning them; or upwi any agreement that is not to be performed within 'the space 
 of one yrar from !h'' making ihereor; utiless the agreement upon which such action is 
 tr i'lm or note tliereof, shall be in writing and sijrned by the party 
 
 t line other person theretmto, by him or her lawfully authorized. 
 
 ntiy goods, wares, and mercliandise, for the price of thirty dol- 
 
 1 ... sM!d to be good, except the Ijiiyer shall accept pait of the fjoods 
 
 ► laJly rt^ceive the same, or give something In earnest to bind the bargain, or 
 
 I t. or that some note or memorandum in writing of the said bargain be made 
 
 t. y tiie parties, to Jkj charged by such contract, or their agents thereunto lawfully 
 
 BUili((r;zea. 
 
 Limitation of Actions. 
 
 Ai.L actionn of trespass, qnarc clansuin fregit, treppa.ts, detinue, trover gnd re- 
 plevin, for taking away of Koods and cliattulfl, all actions of debt, founded ujiou 
 any lending or contract without ppeciaiity, or (or arrearne^es of rent due on a pnnil 
 demise, an<l all actitms of account and uffon the case, except actiona fur slander, 
 and except also BU(;h actiona as concern the trade or merchandise between mcr- 
 clianta, their factors, agents, and servants, shall be commenced within six years 
 Dext after the cause of action accrued. 
 
 Actions of trespass for assault, menace, battery, woanding, and imprisonment, 
 or any of them within foar years. 
 
 Kvery action upon the case for words, within two years next after the wordu 
 apokeiu 
 
 19 
 
218 SPECIAL LAWS OF NEW JERSEY. 
 
 Minors inaiTied women, and insane persons, may bring these actions wilhia 
 the times limited respectively after their disability is removed. 
 
 Actions of debt, or covenant for rent, or arrearages of rent, founded upon any 
 ?e?ise under seal, and actions of debt upon any single or penal bill for the payment 
 of money only, or upon any obligation with condition for the payment of money 
 only, or upon any award under the hands and seals of arbitrators for the payment 
 of money only, shall be brought within sixteen years ; but time of infancy, murriage\ 
 or iii!-:anity, not to be computed. 
 
 'i..ime of defendant's absence from the state not to be computed. 
 
 Entty upon lands must be made, and action brought to recover the possessioi 
 of iuiidd must be done, within twenty years. 
 
 Collection of Debts. 
 
 Arrest. — It shall not be lawful to arrest or imprison the person of any femate, 
 by virtue of any mesne process or process of execution in any civil action. 
 
 Any person airested and held in custody in any civil action upon mesne pro- 
 cess or process of execution, or upon an attachment for not i)ertbrming an award, 
 or suiTendered in discharge of baif shall be discliarired from arrest or cusiLdy by 
 sucli olKcer, if he make out and deliver to tiie officer making the arresc, .ir in 
 whose custody he may be, a true and jjcrfcct inventory, under uath or atbrraation, 
 of all his goods and chattels, rights, credits, lands, tenements, hereditamonUs, and 
 real estate, and give bond to the plaintiff with sufficient security, being a freehold- 
 er or freeholders resident in the county, in double the sum for which he is arrested, 
 conditioned that he will apjjcar belbre the next court of comnxxn pleas, to be hold- 
 en in the county where such arrest is made, and petition such court tor the benelit 
 of the insolvent laws, tScc. And in case of forfeiture by breach of coniiition, the 
 plaintill" may bring an action tliereon, and recover debt, damages, and costs.'due ' 
 fix)m the person arrested, and for which the arrest was made. 
 
 Attachment.— If any creditor shall make oath or affirmation before any judge 
 of any of the courts of record of this state, or justice of the peace of any county 
 in the same, that he verily believes that his debtor absconds from his creditors, and 
 Is not, to his knowledge or belief, resident in this state at the time, then an attach- 
 ment shall issue against the rights and credits, moneys and effects, goods and chat- 
 tels, lands and tenements of such debtor, wheresoever they may be found. 
 
 And the writ shall bind the property and estate of the defendant, from the time 
 of executing the same. 
 
 And all conveyances of the property attached, made by the defendant pending 
 the attachment, shall be void as against the plaizitiff, and the creditors shall become 
 parties to the attachment. 
 
 Deeds. 
 
 If any deed, or conveyance of lands, tenements, or hereditaments, lyhig and 
 being in this state, heretofore made and executed, and not already acknowledged 
 or [.roved according to law, or hereafter to be made and executed, shall be ac- 
 knowledged by the party or parties who shall have executed it, the officer having 
 first made known the contents thereof to the person making such acknowledg- 
 ment, and br-ing also saiisKed that such person is the grantor mentioned in said 
 deed, of all which the said officer shall make his certificate, or if it be proved by 
 one or more of the subscribing witnesses to it, that such party or parties signed, 
 scaled, and delivered the same as his. her, or their voluntary act and deed, before 
 tlie chancellor of this state, or one of the justices of the supreme court of this state, 
 or one of the masters in chancery, or one of the judges of anv of the courts of com- 
 mon ()leas of tliis state, and if a certilicate of such acknowledgment or proof, shall 
 be wriiten upon or under the said deed or conveyance, and be 8ii,'ned by the per- 
 Bou belbre whom it was made, then every such deed or conveyance, so acknowl- 
 edged, or proved and certified, shall be receiyed as evidenc s in any court of this stato. 
 
8FECIAL LAWS OF NFW JERSEY 239 
 
 Acknowledgment or proof may be made before a judge of the court of common 
 pleas for any county, whetlier the lauds are situate in said county, or elsewhere uf 
 the state. 
 
 Alter deeds have been thus acknowledged, or proved and certified, they may 
 be recorded in the office of the clerk of the court of common pleas, of the county 
 iji which such lands are situate. 
 
 No estate of a/<?7/?we covert, in any lands, tenements, or hereditaments, lying and 
 being in this slate, shall hereafter pass by her deed or conveyance without a pre- 
 vious acknowledgment made by Ijer on a private examination, aj<art from her hus- 
 band, before one of the officers aforesaid, that she signed, sealed, and delivered 
 the same as her voluntary act and deed, freely without any fear, threats, or com- 
 pulsion, of her husband, and a certiHcate thereof, written on or under the said deed 
 or conveyance, and signed by the officer before whom it was made: and farther, 
 ihat every deed or conveyance so executed and acknowledged by Sifemine covert, 
 and certified as aforesaid, shall release and bar her right of dower, and be good 
 and effectual to convey the lands, tenements, hereditaments, thereby intended to 
 be conveyed : provided, that this clause shall not be construed to enable any 
 femme covert, under the age of twenty-one years, to convey lands, tenements, 
 hereditaments, or any right of dower, interest, or es«:ate therein. 
 
 If the grantor reside in some other of the United States, or territory, or District 
 of Columbia, such acknowledgment or proof may be made before the chief justice 
 of the United Slates, or an associate justice of the supreme court of the United 
 States, or di:«trict judge of the same, or any judge or justice of the supreme or su- 
 
 f)erior court of any state in the Union, or territory tliereof, or in the District of Co 
 uinbia, or jud^e of any district or circuit court, or chancellor, of any of the Uni- 
 ted Stntes, or before any mayor, or any other chief magistrate of any city in such 
 Slate, district, or territory, duly certified under the seal of such city, or befbre a 
 jmlge of any court of common pleas, of the state, district, or territory, in which 
 sucti party or witnesses may he; provided, that where the acknowledgment or 
 proof is made before a judge of a court of common pleas, in such state, district, or 
 territory, a cerlilicate under the great seal of the state, or under the seal of the 
 county court in which it is made that he is such officer, shall be deemed sufficient 
 evidence of his authcjrity for that purj>ose, and be annexed to, and recorded with 
 sucfi deed, acknowledgment, or proof. 
 
 When made by a parly residing in a foreign state, kingdom, nation, or colony, 
 if made before any court of law, or mayor, or other chief magistrate ^f any city, 
 borough, or corporation, of the said foreign kingdom, &.c., certified by the said 
 rotirt, mayor, or chief magistrate, in the manner such acts are usually authentica- 
 ted by them or him, it shall be as valid as if made before a justice of the supreme 
 Ujurt of this state. 
 
 The afx)ve two sectioni comprehend acknowledgments of deeds or convey- 
 ances ma<le l)y married women residing out of this state in any part of the Union, 
 or in a foreign country. 
 
 Form of Acknowledgment, 
 State of New Jersey, 
 
 late of New Jersey, ^ 
 
 County of Essex, > ««. 
 
 Town of Rahirny,) 
 On this first dav of Ortoher, t 
 
 frst day of Ortoher, one thousand eight hundred andjifty, before mo 
 prrs».iially came John Dok find Svhas his wife, to me known to be the persons 
 '!««<Tibed in and wlto execute*! the foregoing conreynnce; and, having first mado 
 own to th«"m the contents thereof, thoy acknowleilged that tliey executed the 
 -no, ntid the said. St'SAN, on a private exoniinotiou, opart from her hvshnnd^ 
 r Ktiinrlcdircd that she g^iffned, sealed, and de/ivered Ike same as her voluntary act 
 end deed, freely, and wilhoul any fear, tkreata, or compulsion of her hnsl>nnd. 
 
 JOHN JONI^S. 
 Justice of the Supreme Court. 
 
 Where there ts no wife, the part referring to hor should be omitf<Ml. 
 Deeds should be sealed; a icrawl witJi the pen has been held valid in place 
 ') a seal. 
 
^20 SPECIAL LAWS OF NEW JERSEY. 
 
 Rights of Married Women. 
 
 It shall be lawful tor any married woman, by herself, and in her name, cr in 
 the name of any third person, with his assent, as her trustee, to cautje to be in- 
 spired, for her sole use, the life of her husband for any definite period, or for 
 the term of his natural life ; and in case of her surviving her kusband, the mim 
 or net amount of the insurance becoming due and payable by the terms of the in- 
 surance shall be payable to her, to and for her own mse,. free from the claims of 
 the representatives of her husband or his creditors; but such exemption shall not 
 apply where the amount of premium annually paid shall exceed one hundred 
 dollars. 
 
 In case of the death of the wife before the decease of the husband, the amoant 
 of the insurance may be made payable, after the death, to her children, for their 
 use, and their guardian, if under age. 
 
 Dower. — The widow, whether alien or not, of any person, shall be endowed, 
 for the term of her natural life, of the one full and equal third part of all the lands, 
 tenements, and other real estate, whereof her husband, or any other to his use, 
 was seized of an estate of inheritance at any time during the coverture, to which 
 she shall not have relinquished her right of dower, by deed executed and 
 acknowledged in the manner prescribed by law for that purpose. 
 
 Rate of Interest. 
 
 The legal rate of interest is six per cent, and. contracts for a higher rate are 
 void. Persons taking a higher rate shall forfeit tb^ whole value of the subject- 
 matter of the contract — one half to the state, one half to the prosecutor. 
 
 TIr^ Irgfil rate is seven per cent, in HuiJson and Essex counties and the city of Patir- 
 6on, if one or both the contracling psirties reside therein.- 
 
 "WiUs. 
 
 All last wills and testaments of persons dyiTiir after March 7. 1850, shall be in WT-iHng, 
 and shall be siprned, or acknowledged to have been signed, by the testator, and deelR-ed 
 to be his or her last will, in the presence of at least two credible witnesses present at the 
 same time, who shall subscribe their names thereto as witnesses in the presence of the 
 testator ; and no will or testament of personal estate, made after this act shall take effect, 
 by a pei'son Within the age of twenty -one years, shall be good or effectual in law. 
 
 Homestead Exemption. 
 
 §1. In addition to the property now exempt from sale under execution, there shall be 
 exempt by law from sale or execution for debts hereafter contracted, the lot and 
 buildings thereon occupied as a residence and owned by the debtor, being a houselioMer 
 and having a family, to the value of one thousand dollars ; such exemption shall continue 
 after the death of such householder for the benefit of the widow and family, some or one 
 of them continuing to occupy such homestead, until the youngest child shall bec>)mn 
 twenty-one years of age, and until the death of the widow; and no release or waivei 
 of such exemption shall be valid. 
 
 A notice of the design to hold the property as a homestead must be executed and re 
 corded with the clerk of the county whf^re the property is situated, and published onw 
 a week for six weeks in a newspaper published in the county, or in the newspaper 
 published nearest the same ; but no property shall liy virtue of this act be exempt from 
 sale, for non-payment of taxes or assessments, or for any labor done thereon, or materialn 
 furnished therefor, or for a debt contracted for the purchase thereof, or prior to tht 
 recording of the aforesaid deed of notice. 
 
 The act provides for the sale or division of the homestead on execution, when its value 
 exceeds one thousand dollars, by six appraisers. 
 
 7. And be it enacted, That in case any lot and buildings have been declared according 
 to the provisions of this act, a homestead, it shall be reserved as such for the use of the 
 family, and shall not be sold, aliened, or encumbered by the owner thereof, nor leased 
 for a longer term than one year; and any such sale, alienation, tncumbrance, or leasing 
 shall be void, unless the same be made with the ftdl consent of the wi:'e or husband 
 of said owner (if he or she have any), by deed duly acknowledged, and unless the 
 consideration paid for the same be its full, fair valne, and the same, or one thousand 
 dollars thereof shall be actually invested in the purchase of other lands and buildings, 
 declared to be a homestead in the manner herein provided, and the title of eudi purchas»T 
 (hall not be good until such purchase-money is so invested, and also except in cases 
 where such householder has removed out of the state; nor shall any homestead be 
 rented .',mu or leased inr any time without the consent oi the wife of the owner. 
 
 Aoprovcd, March 17, 1852 
 
dPBCIAL LAWa OF PENNSYLVANIA. 221 
 
 PENNSYLVANIA. 
 
 CmBtitutJon adopted 1838.— Square Miles 46,000 — Population in 1850, ?^:n\,^3f^. 
 
 Exemptions. 
 
 By a law that took effect July 4th, 1 849, it was 
 enacted that, in lieu of the property then exempt 
 by law from levy and sale on execution, issued 
 upon any judgment obtained upon contract and 
 distress for rent, property to the vahie of three 
 hundred dollars ($300) exclusive of all wearing 
 apparel of the defendant and his family, and all 
 bibles and school-books in use in the family (which 
 shall remain exempt as heretofore), and no more, 
 
 owned by or in t^e possession of any debtor, shall be exempt from levy 
 
 and sale on exct-utic n or distress for rent. 
 
 Mechanics' Lien. 
 
 Every huildina erected within the counties of Allegany, Armstronp, Beaver, 
 Bedford, Berks, Hacks, Bailer, Cambria, Centre, Chester, Clearfield, Columbia, 
 Crawford, Cumberland, Dauphin, Delaware, Erie, Franklin, Huntintrdon, Indi- 
 ana, Juniata, Lancaster. Lebanon. Luzerne, Ly<nniinf?, Mercer, Miillin, Mont- 
 gomery, Northuniberlaud, Perry, Philadelphia, bchuylkill, Somerset, Susquehan- 
 nah, Tiopa, Union, Venango, Warren, Washinirtf)n, York, and the boroughs of 
 Easlon, Lehigh, Bradford, Monroe, Greene, Clinton, Carion, M'Kean, Wayne, 
 Fayette, Potter, Jefferson, and Northampton, shall be subject to a lien for the 
 payment of all debts contracted for work done, or materials furnished for the 
 •ame ; exfending also to the ground necessary for tl)e ordinary and usual pur- 
 pores of the building. Extended to Carbon county. 
 
 This lien shall be preferred to everj- other lien attaching subsequent to the 
 commencement of such buihling. 
 
 A staft-meot of the demand must he filed in the office of the prothonotary of 
 th« court of ctjmmon pleas of tlio county where the building is situate. 
 
 ('nleis such fltatement be filed, lien shall not continue for more than six monthf.* 
 
 Lien expires at the end uf five years from tlie day of filing the statement, ua- 
 lesH renewed V»y xrire ff/cins. 
 
 T\)'- ' ' r labor and materials, in mnny of the counties, have a lien for 
 
 six X: I ■■ work is done or the material fiiriiisbecL This lien may bo 
 
 "xt.M- irs by filing tlie cla'm in the proper oflioe. and by proper legal 
 
 pnM<s^ 1. <1. 
 
 Ti. 's. mschinery, and fixtures, erected by tenants of coal-leases 
 
 on laii 1 ill the county of Schuylkill, are subject to a lien ill favor of me- 
 
 clianicMBitd inaleriHl-mendoinK work and lumishing nintfrials therefor; provided 
 
 that the lion hereby created, shall extend only to the inlerest of tlie tenant ihcrela 
 
 19» 
 
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224: SPECIAL LAWS OF PENNSYLVANIA. 
 
 Law regulating Contracts. 
 
 At.L leases, and estates, and interests in lands, except leases for three years, must be in 
 writin<', and signed by the parties so making or creating the same, of their agents there- 
 unto lawfully authorized by writing, or they will have the effect of leases at will only. 
 
 No action shall be brought whereby to charge any executor or administrator, upon any 
 nromise to answer damages out of hia own estate, or whereby to charge the defendant 
 UDon anv special promise, to answer for the debt or default of another ; or to charge any 
 nerson upon any agreement made fipon consideration of marriage ; or upon any contract 
 for the sale of lands, tenements, or hereditaments, or any interest in or concerning tliem ; 
 or upon any agreement that is not to be performed within the space of one year from the 
 makino- thereof; unless the agreement upon which such action shall be brought, or some 
 memonindum or note thereof shall be in writing and signed by^he party to be charged 
 therewith, or some other person by him authorized. r,i:^,„e„c. 
 
 No contract for the sale of any goods, wares, or merchandise, for the price of thirty-tive 
 dollars or upward, shall be allowed to be good, unless the buyer shall accept part of the 
 eoods so sold, and actually receive the same, or give something in earnest to bind the bar- 
 lain or in part pavment, or unless some note or memorandum m writing, of the said bar- 
 gain' shall be made and signed by the parties to be charged by such contract, or by Uieir 
 agents, thereunto lawfully authorized. , „ ,. . .• „o„ 
 
 No person or company engaged in the business of fbrwarding, or transporting goods, 
 wares; and merchandise, shall be made liable in any proceedings in attachment as gar- 
 nishee or otherwise, when such goods, wares, or merchandise, are an transitu, and at the 
 time of service of process beyond the lintits of this c 
 fiion, or fraud, on the part of such person or company, 
 
 time of service of process beyond the lintits of this commonwealth, without default, collu- 
 the " ' 
 
 Limitation of Actions. 
 
 Entry can not be made into lands after twenty-one years after the right accrued, nor 
 
 any suit brought to recover possession. . , , /,. .v, • j> i,-,-. : 
 
 Infants, married women, and persons imprisoned, have ten years after their disability is 
 
 "^^AlTactions upon the case, other than for slander; actions of account (other than such 
 accounts as concern the trade of merchandise between merchants, their factors and ser- 
 vants); actions of debt founded upon any lending or contract without specia ly; for arrear- 
 ages of rent, except the proprietaries' quit-rents ; actions of detinue and replevin for goods 
 and chattels; actions of trespass, quart clausum /regit, must be brought withm six years 
 after the cause of action accrued. ,. . . , ,.. 
 
 Actions of trespass, of assault, menace, battery, wounding, imprisonment, or any of them, 
 must be brought within two years. Actions upon the case for words, withm one year next 
 
 " pLro^'s en^tUled°to recover damage for any injury causing death, shall be the husband, 
 widow, children, or parents, of the deceased, and no other relative. The action shall bo 
 brought within one year after the death, and not thereafter. ,^ . , „ , u ■ \u„ 
 
 Infants, married women, persons imprisoned or out of the United States, may bring the 
 above actions within the times respectively limited after their disability is removed. 
 
 Collection of Debts. 
 
 Arrest —Arrest is abol^ghed, except in proceeding as for contempt to enforce civil 
 remedies ; action for fines or penalties, or on promises to marry ; on moneys collrctt-d 
 by any public officer, or for any misconduct or neglect in office or m any professional 
 
 But yet, in other cases, if the party is about to remove any of his property out of the 
 jurisdiction of the court in which such suit is brought with intent to defraud his credi- 
 tors, or has property which he fraudulently conceals, or has rights m action or some in- 
 terest in anv public or corporate stock, money, or evidence ot debt, which he unjustly 
 refuses to apply to the payment of any judgment which .shall have been rendered ag'nnst 
 him- or has jissigned, removed, or disposed of, or is about to dispose of, any ot his 
 property, with the intent to defraud his creditors ; or has fraudulently contracted the 
 delit or'incurred the obligHtion respecting which suit is brought, he may be arrested. 
 
 Attachment.— Property of defendant may be attached when he is about to remove 
 any of it from the county with intent to defraud his creditors, or has assigned, disposed 
 of or secreted, or is about to assign, dispose of, or secrete, any of it, with the like Iraudu- 
 If nt intent ; and also if the debtor, being an inhabitant of the state, shall have absconded 
 from the place of his usual abode, or shall have remained ahrirnt from this common- 
 wealth or shall have confined himself in his own house, or concealed himself elsewhrre 
 with design to defraud his creditors ; and. if v<>t an inhabitniit, shall confine or conceal 
 himself within the county, with intent to avoid the service of process, and to defraud hiB 
 creditors. 
 
S.'ECJAL LAWS OF PENNSYLVANIA. 225 
 
 Deeds. 
 
 All deeds and conroynnces of lands, tenements, or hereditaments, shall be acknowl- 
 fHiged by one of the grantors, or proveui by one of the subscribini? witnesses, before 
 one of the judges of the supreme court, or alderman of a city, or before a justice of the 
 
 Kace, or one of the justices of the court of common pleas, of the county whure the 
 id<4 lie, and shall be recorded in the office for recording of deeds in the county where 
 ■uch lands lie, within six months after the execution of such deeds. 
 
 Acknowledgment by husband and wiJe must be made before one of the judges ot tho 
 •uprerae court, or alderman of a city, or a justice of the peace, or justice of the county 
 court of common pleas, of and for the county where such lands lie, who shall exumiue 
 the wife separate and apart from her husband, and shall read or otherwise make known 
 the full contents of such dt-ed o" conveyance to the said wife ; and if, upon such sepa- 
 rate examination, she shall declare that she did, voluntarily and of her own free will 
 and accord, seal, and as her act and deed deliver, the said deed or conveyance, without 
 any coercion or compulsion of her said husband, the conveyance shall be valid. 
 
 The mayor and recorder of Philadelphia may take proof and acknowledgment of 
 deeds ; and, i.->. other states, commissioners of deeds appointed by the governor of Penn- 
 ylvania. A scrawl of the pen is recognised aa a seal. Two witnesses are necessary. 
 
 Forjn of Ackiwwled.gm.eid. 
 Commonwealth of Pennsylvania, \ 
 County of Philndclphia. ) ' 
 
 Be it remembered that on this tenth day of April, A. D. one thousand eight hundred and 
 
 fifty on/!, before me the subscriber, qjjistice of iht peace of [or, judge of, tfC., or otu 
 
 of the aldermen of the city of ) personally anpeared John Doe, the grantor in the 
 
 foregoing indenture^ deed, or conveyance, nHined and in due form of law acknowledged 
 the said mdenture to be his act and deed, and desired that the sftrae as such, might" bo 
 r»»corded according to law. In testimony whereof I have hereunto set my hand and 
 seal the day and year last abovenamed. JOHN JONES, (seal.) 
 
 Justice of the Peact^ 6T Judge, or Alderma?!,, as the case may bft. 
 
 The Form when the Wife joins with the Husband. 
 Com. of Penn., county of Berks, ss. Be it remembered that on this ^enth day of May, 
 A. D., 185-, before me the subscriber, a justice (fc. [or judge, or alderman, as above] of 
 the county aforesaid, personally appeared John Rok and .Susan Roe his wife, grantors 
 in the above indenture, deed, or conveyance, named, and in due form of law severally 
 acknowledffed the foregoing indenture, deed, or conveyance, to be their act and deed, 
 and desired that the same, as such, might be recorded according to law. She, the said 
 ScsAN Roe being of full age, separate and apart from her said husband, by me thereon 
 privately examined, and the full contents Uiereof being by me first made knowi to her, 
 did declare and say, that she did, voluntarily, and of her own free will and accord, sign, 
 •cal, and as her own act and deed, deliver the foregoing indenture, deed, or convey 
 ■nee, without any coercion or compulsion of her said husband. 
 
 In testimony. Sec JOHN JONES, Justiu^ tfc (Seal\ 
 
 Rights of Married Women. 
 
 KvKBT species and description of property, whether consisting of real, personal, or 
 mixed, which may be owned by or belong to any single woman, shall continue to be 
 the property of such woman aa fully after her marriage aa before; and all such prop- 
 erty, of whatever name or kind, which shall accrue to any married woman during cov- 
 erture by will, dcscont, deed of conveyance, or otherwise, shall be owned, used, and 
 ♦njoyed, by such married woman, as her own separate prf^)eny ; and the said proper- 
 ty, whether owned by her before marriage, or which shall accrue to her afterward, shall 
 oot be subject to levy and execution for the debts or liabilities of her husband, nor shall 
 such prop«'rty be sold, conveyed, mortgaged, transferred, or in any manner encum- 
 Ix-red, by her husband, without her writt'in consent, first had and obtained, and duly 
 a<-knr>wlMged before one of the judges of tlio courts of common pleas of this common- 
 wealth, that such consent was not the result of coercion on the part of her saidhus- 
 Vnd. but that the same was voluntarily given and of her ownn free will : provided that 
 lier said hu.«band shall not bo liable for the debts of the wife contracterl bt-forc mar- 
 riac" : prn'.i,!.-,) that iiurhiiii.' in this act shall be construed to proti-ct the property of any 
 ■n-ii iility for debts contracted by herself, or in her name by 
 
 ■ny •. or from levy and execution on any judgment that may 
 
 he ." . 1 fur the wrongs of the wife, and in such cases execution 
 
 •haii 00 nri»t nau agajnst itrn property of tho wile. 
 
226 SPECIAL LAWS OF PENNSYLVANIA. 
 
 Any married woman may dispose, hy her last will and testament, of her sepa- 
 rate property, real, personal, or mixed, whetlier the same accrues to her before or 
 during coverture : provided that said last will and testsment be executed in the 
 presence of two or more witnesses, neither of whom shall be her husband. 
 
 In all cases where debts may be contracted for necessaries for the support and 
 maintenance of the family of any married woman, it shall be lawful for the cred- 
 itor in such case to institute suit against the husband and wife for the price of such 
 necessaries, ami, after obtaining a judgment, have an execution against the hus- 
 band alone ;_ and if no property of the said husband be found, the officer executing 
 the said writ shall so return, and thereupon an alias execution may be issued, 
 which may be levied upon and satisfied out; of the separate property of the wife, 
 lecured to her underthe provisions of the first section of this act: provided that 
 judgment shall not be rendered against the wife in such joint action unless it shall 
 rtave been proved that the debt sued for in such action was contracted by the 
 wife, or incurred for articles necessary for the support of the family of the said 
 husband and wife. 
 
 Act of 1 855. — The power of any married woman to bequeath or devise her prop- 
 erty by will, shall be restricted, as regards the husband, to the same extent as tha 
 husband's power so to dispose of his property is restricted as regards the wife, 
 namely, so that any surviving husband may, against her will, elect to take such 
 share and interest in her real and personal estate as she can when surviving elect 
 to take against his will in his estate, or othervwse to take only her real estate as 
 tenant by the courtesy ; provided, that nothing herein contained shall affect the 
 right or power of the wife, by virtue of any authority or appointment contained 
 in any will or deed, to grant, bequeath, and devise, as heretofore, any property 
 held in trust for her sole and separate use. 
 
 Whensoever any husband, from drunkenness, profligacy, or other cause, shall 
 neglect or refuse to provide for his wife, or shall desert her, she shall have all the 
 rights and privileges secured to a femvie sole trader, under the act of February 
 22, 1818, and be subject as therein provided, and her property, real and personal, 
 howsoever acquired, shall be subject to her free and absolute disposal during life, 
 or by will, without any liability to be interfered with or obtained by such hus- 
 band, and in case of her intestacy shall go to her next of kin, as if he were previ- 
 ously dead. 
 
 Whensoever any husband, or father, from drunkenness, profligacy, or other cause, 
 shall neglect or refuse lo provide for his child or children, the mother of such chil- 
 dren shall have all the rights, and be entitled to claim, and be subject to all the 
 duties reciprocally due between a father and his children, and she may place 
 them at employment and receive their earnings, or bind them to apprenticeship, 
 without the interference of such husband, the same as the father can now do by law. 
 
 Rate of Interest. 
 
 The legal rate of interest is six per cent. Usurious interest can not be recov- 
 ered ; and if paid, may be recovered back; but usury does not render the entire 
 contract void. 
 
 When any railroad or canal company has borrowed money, and given a bond 
 or other evidence of indebtedness in a larger sum than the amount actually re- 
 ceived, such transactions shall not be deemed usurious. 
 
 WiUs. 
 
 Wills must be in writing ; and. unless the per.son making the same shall be 
 prevented by the extremity of his last sickness, shall be signed by him at the 
 end thereof, or by some person in his presence and by his express direction, and 
 in all cases shall be proved by the oaths or affirmations of two or more competent 
 witnesses. 
 
SPECIAL LAWS OP DELAWARE. 227 
 
 DELAWARE. 
 
 CoMtituaon adopted, 1831.— Square Miles, 2,100.— Population in 1850, 91,407. 
 
 Law reguJating Contracts. 
 
 All promises aiid assumptions whereby any perscH: 
 shall undertake to answer or pay for the default, debt, 
 or miscarriage, of another, any sum under five dollars, 
 being proved by the oath or affirmation of the person 
 or persons to whom such promise and assumption shall 
 be made, are hereby declared to be good and available 
 in law to charge the party or parties making such prom- 
 ise or assumption. 
 
 No aation diall be brought whereby to charge any 
 executor or administrator, upon any special promise, to 
 answer damages out of his own estate ; or whereby to 
 charge any defendant, upon any special promise, to an- 
 •wer for the debt, defaalt or misnarriat?e of another person, of the value of five dol- 
 lars and not exceeding twenty-five dollars, unless such promise and assumption 
 shall be proved by the oath or affirmation of one credible witness, or some memo- 
 randum or note in writing shall be signefl by the party to be charged therewith. 
 No action shall be brought whereby to charge any person or persons upon any 
 agreement made upon considerations of marriage, or upon any contract or sale of 
 lands, tenements, or hereditaments, or any interest in or concerning them, or upon 
 any agreement that is not to be perfonned within the space of one year from tiie 
 m.ikiMg thereof; or to charge any person or persons whereby to'answer for the 
 debt, default, or miscarriage, of another, in any sum of the value of twenty-five 
 dollars, and upward, unless the same shall be reduced to writing or some memo- 
 randum or note thereof shall be signed by the party or parties to be charged 
 therewith, or some other person thereunto by him or them lawfully authorized, 
 except for goo<l8, wares, and merchandise, sold and delivered, and other items 
 which be and are properly chargeable in an account,* in which case the oath or 
 affirmation of the plaintiff, together with a book regularly and fairly kept, shall 
 be allowed in all cases to be given in evidence, in order to charge the defendant 
 or defcadanta with the sum or sums therein contained. 
 
 Limitation of Actions. 
 
 Actions for recovery of lands must be brought and entry made within twenty 
 years next after tha right of action accrued. 
 
 Infants, married women, non corapos-mentls, or a prisoner, may within ten 
 years next after the removal of their disability. 
 
 No action of trespass, replevin, detinue, debt not founded upon a record or spe 
 cinlty. of arcoHiit, of assumpsit, upon the case, shall be brought after the expira- 
 tion of three years from the accruing of the cauHO of action. 
 
 In case of mutual and ninning account, limitation not to begin while fno ao- 
 oount continues open and current. 
 
 * Items of canh are not properly clHirgeablo in account. SinittI vs. M*Beath : K^t's Com 
 f\ti»M, Strr. leini. lUU. 
 
t^28 
 
Q.^.V^^'^^^^.^{^^#.^iyX^.CJ^^ ^ ^^ 
 
 
 >2P 
 
230 SPECIAL LAWS OF DELAWARE. 
 
 When the action arises from a promissory note, bill of exchange, or on ac- 
 knowledgment under the hand of the party, of a aabsisting demand, llie action 
 may be commenced at any time within six years. 
 
 Those under the disability of infancy, coverture, or incompetency of mind, to 
 have tliroe years aiier the removal of such incompetency. 
 
 Tiie time the defendant ip .-(ut of the state, to be deducted ; and in ever>' such 
 case, one year after his return to be allowed, when the cause of action arit-ea in 
 this state. 
 
 Exemptions. * 
 
 Thk following goods and chattels, the property of the white citizens of this 
 Btate, are exemj-t from execution process, and distress for rent, to wit : the ne- 
 cessary wearing apparel of the debtor, and of his wife and children, one bedstead, 
 bed, and the necessary bedding for every two persons of the family, one iron 
 stove used for warming the dwelling house, and fuel not exceeding the value of 
 five dollars, procured and designed for the use of the family; the bibles, ar.d 
 school-books, used in the family ; one cow, one swine and one ton of hay ; the 
 library and tools or implements of the debtor necessary for carrying on his pro- 
 fession, trade or business, not exceeding fifty dollars in value ; rights of burial and 
 tombs while in use as repositories for the dead ; other household furniture neces- 
 sary for the debtor and his family not exceeding twenty-five dollars in value; 
 Provided, that tlie value of the whole of the articles thus exempted shall not 
 exceed one hundred dollars, and provided further, that if the debtor shall not at 
 the time of the execution of the said process, be in possession of all, or any of 
 the above specified articles, then any other property which he shall have in his 
 possession amounting in value to one hundred dollars, shall be exempt as afore- 
 said, except in every case for taxes due in either of the counties of this state, or 
 in the city of W^'ilmington, which said articles and the value thereof shall be 
 ascertained by two substantial citizens of the county whereof the debtor is an 
 inhabitant, to be appointed and to be sworn or affirmed faithfully and justly to 
 fulfil the duties of said appointment by any justice of the peace, constable, or 
 sheriiTof the said county. 
 
 This act shall not in any wise invalidate debts or contracts made previous to 
 the fourth day of July, A. D. one thousand eight hundred and fifty-one, and 
 that all acts and parts of acta inconsistent herewith, be and the earae are bore- 
 by repealed. 
 
 Collection of Debts. 
 
 Arrest. — No free white citizen may be arrested, except npon oath th.at *ha 
 defendant is justly indebted in a sum exceeding five dollars, and verily believes 
 that defendant has secreted, conveyed awaj', assigned, settled, or disposed of, 
 either money, goods, chattels, stocks, securities for money, or other real or per- 
 sonal estate, of the value of more than twenty-five dollars, with intent to defraud 
 his creditors, and specify and set forth the supposed fraudulent transactions. 
 
 Attachment. — Attachment riiay issue against an inhabitant of the state upon 
 an affidavit that the defendant is justly indebted to the plaintiff in the sum of 
 fifty dollars, and has absconded from the place of his usual abode, or is gone out 
 .of ihe state, with intent to deceive or defraud his creditors, or to elude process, 
 as it is believed. _ 4 
 
 The above is called " domestic attachment." There is another writ which is 
 known as a "foreis'ii nffnchment," and which issues against anon-resident upon 
 the oath of the plaintifl^", or of some credible person for him, that the defendant 
 resides out of the state, and is justly indebted to him in the sum of fifty dollars 
 and upward. 
 
SPECIAL LAWS OF DELAWARE. 231 
 
 Deeds. 
 
 Deeds may be acknowledged in any county by any party to the same, in the 
 superior court or before the chancellor or any judge of the said court, or belbre 
 two justices of the peace for tlie same couuty, or before a notary public. 
 
 Deeds of a married woman, to wliich her husband is also a party, shall be valid 
 if she, upon private examination apart from her husband, acknowledges that she 
 executed said deed willingly, without compulsion or threats, or fear of her hus- 
 bands displeasure. Such private examinalion may be taken in any county 
 before the chancellor, any judge, or two justices of the peace for the same coun- 
 ty, or before a notary public. 
 
 Such acknowledgment to be certified under the hand and seal of the clerk of 
 the court in which, or under the hand of the chancellor, judge, or justices of tlio 
 peace;, or under the hand and notarial seal of the notary, before whom, it ia taken 
 in a certificate endorsed upon or annexed to the deed. 
 
 If the party Ikj out of the state, the acknowledgment, or private examination, 
 may be made before the judge of any district court of the United States, or be- 
 fore the chancellor or any judge of a court of record in any state, territory, or 
 country, or before the mayor or chief officer of any city or borough, and certified 
 under the hand of such chancellor, judge, mayor, or officer, and the seal of his 
 :ourt, city, or borough, by certificate endorsed upon, or annexed to the deed ; or 
 such acknowledgment and .examination may be made before any commis.sioner 
 duly authorized by the governor of this state, and certified under his hand and 
 seal. 
 
 Deeds must be recorded in the office for recording deeds in the county where 
 the lands lie. 
 
 There should be two witnesses. A scrawl of the pen m?^ be used for a BCaL 
 
 The form of acknowledgment is the same as in Pennsylvania, by adding "or 
 fear of ber hasbaod's displeasare." 
 
 Rate of Interest 
 
 The legal rate is six per cent. Whoever exacts more, is liable to forfeit the 
 whole debt — one half to the state, and one half to the prosecatur. 
 
 "WiUs. 
 
 Wills must be in writine, and mVned by the testator, or by some other person 
 ■nbscribing tbe leHiator's name, in his presence and by his express direction, and 
 atte-sted and lobccribed by two cumpeteut witnesses, in tbe presence of tbe tee 
 talor. 
 
 Rights of Married Women. 
 
 DoWEU. — A widow «hnll have a third part of all the Innd.s and tenements 
 whereof her husband was seized at any time during the marriage, unles-s she 
 siinll have relii-qiiirthoil her right therein by her own voluntary act. 
 
I 
 
 A 1 Y Si 1 1 i. 
 
 M 
 
 N 
 
 N 
 
 
 til ^. 
 
 
 Ni Y -rw 
 
 
 V 
 
 Xland 
 
 V^-^wJ'i.orry-- OZ^^T^^^^^ 
 
 
 39 
 
 as 
 
 SimpsonviUe 
 
 Emfnelsby 
 Jffarper^ 
 
 DISTRICT 
 
 OF 
 
 COLUMBIA 
 
 JReference 
 
 1 Capitol 
 
 2 TresidemsIIouse 
 
 Zcesbui 
 
 MatildaV. 
 
 ^CQLl 
 
 MAF 
 
 1| LangUuae Wes^ from Woji 
 
 233 
 

234 SPECIAL LAWS OF MARYLAND. 
 
 MARYLAN^D. 
 
 CoiistitutioQ adopted, 185L— Square Miles, 13,959.— Population in 1850, 582,9 
 
 £i:semptions. 
 
 ^?o real estate hereafter acquired by marriaee shall be liabli 
 to executions during the life ot the wife, for debts due from th« 
 ;iusband. 
 
 Corn for necessary maintenance, bedding, grun, axe, pot, and 
 laborers' necessary tools, and such like household implements, 
 and ammunition, for subsistence, are also exempt. 
 
 Slaves of the wife (acquired either before or sifter marriage), 
 and also her earnings not exceeding one thousand dollars, may 
 be held for her own use, and exempted from liability for her 
 husband's debts. 
 
 From and after the first day of July, 1R52. the wages or hiro 
 of any laborer or other employee in ilie hands of liie employer, 
 w lien such wages or hire shall not exceed the sum of ten dob 
 lars, wnd when the amount of such wages or hire shall exceed 
 the .s.iid sum. tlien ten dollars of the amount of such wages or hire, shall be exempted from 
 attachment, whether on warrant or on judgment. 
 
 Mechanics' Lien. . 
 
 Mechanics' liens have been enacted for all the counties on the western shore ot th« 
 Chesapeake bay, except St Mary's, Montgomery, and Charles, and for Cecil county on 
 the eastern shore, but they have been altered so often, and the several enactments an; so 
 conflicting, that it ia impossible to give a reliable abstract of what is required to make 
 tfae»o available. 
 
 Chattel Mortgages. 
 
 Chattet, mortgages must be in writing, and acknowledged before a justice of the 
 county where the mortgager resides, and the affidavit of the mortgagee or granr*'e 
 eworn to before the judge, or justice or justices, must be endorsed thereon that the 
 consideration as therein set forth is Ui\e and bo7ta fide, and be recorded within twenty 
 days in the records of the county. Where the amount conveyed is over two hundred 
 dollars Uiey must be stamped (fee $1.00) which must be receipted for on the deed. 
 
 Limitation of Actions. 
 
 Actions of trespass qnare dausiim fregit, trespass, detinue, sur-trover, replevin for 
 Mkingaway goods or chattels, account, contract, debt, book-debt, or upon the case, other 
 than such accounts as concern the trade or merchandise between merchants, their fac 
 tors and servants, non-residents, debt for lending, contract without speciality, and debt 
 for arrearages of rent, must be brought within three years. 
 
 Actions on the case for words, trespass of assault, battery, wounding, and imprison- 
 ment, must be brought within one year. 
 
 Actions on administration and testamentary bonds shall be commenced within twelve 
 years after the framing such bonds. 
 
 No speciality can be pleadable after the principal debtor and creditor have both been 
 dead twelve years, or the debt is above twelve years standing. 
 
 No jjlrson absenting himself from the state, or rejnoving from county to county, after 
 any debt contracted, so that his creditors can not with certainty find his person or effects, 
 shall have any benefit of such limitations. No person absent at the time the cause of 
 action accrues shall have any benefit of the law. 
 
 Infants, married women, "persons nnn-compos-mentis, imprisoned, or beyond sena 
 have the same time after their disability is removed. 
 
 Collection of Debts. 
 
 Attachment. — Any person, having obtained a judgment, may take out an attach- 
 ment against the lands, tenements, goods, chattels, and credits, of the defendant. 
 
 Any creditor, making affidavit that the debtor is indebted to him in a certain sum 
 Ducied, and producing the evidences thereof or accounts, and that he doth know or is 
 
SPECIAL .LAWS ..*< MARYLAND. 225 
 
 r^ibly Informed, and verily believes, that the debtor is not a citizen of thia state, and 
 doth not reside therein, or that the debtor is actually mn away or tied from justice, or 
 removed from his place of abode, witJi intent to injure and defraud his creditors, an 
 attachment may issue a^aitist the lands, tenements, goods, chattels, and credits, of the 
 debtor. No person can be imprisoned for debt. 
 
 Deeds. 
 
 Deeds may be acknowledged before any chief or associate Judge of a district for lands 
 within the district, or any two justices of the peace within their county. 
 
 The officer taking the acknowledgment must be satisfied of the identity of the per- 
 son making it, and return a certilicate thereof. 
 
 They may be acknowledged out of the stxite before any judge of the United States 
 court, or any judge of a court of record, ce^rtified by the judge taking tlic acknowledg- 
 ment, under his hand ; and the clerk of the court shall certify, under nis hand and the 
 seal of the court, that the person taking the acknowledgment is a judge of said court, du- 
 ly commissioned and qualified, at the time of taking the acknowledgment. 
 
 In tlie case of a married women, her estate will not be conveyed, nor her dower 
 barred, unle&s the officer taking the acknowledgfnent shall examine her, out of the pres- 
 ence and hearing other husband, whether she doth execute and acknowledge the same 
 freely and voluntarily, and without being induced to do so by fear or threats of or ill 
 usage by her husband, or by fear of his displeasure ; and pnless the femme. covert shall 
 eiL'n and seal such deed before such officer, out of the presence and hearing of her hus- 
 band, and certificate be made upon or annexed to the deed, under his or tlieir hands, of 
 such private examinatiqp, execution, and acknowledgm<!nt 
 
 Consuls and vice-consuls of the United States, duly appointed and recognised, may 
 take acknowledgments of persons being in their consulates, and make certificate under 
 their official seals. 
 
 There must be two witnesses to a deed, and a scrawl of the pen may be used as a 
 •eaL Deeds must be stamped. 
 
 Form of Acknowledgment. 
 Btate of Maryland, ? • 
 
 Prince dairies Co. S ' 
 
 Be it remembered and it is hereby certified, that on this^rst day of May, in the year 
 eighteen hundred and Jifty-one, before the subscribers, ttpo justices of the peace, of the 
 state of Maryland, in and for Prince George's county aforesaid, personally appeared 
 JoH.v Doe and Susan Doe his wife, they being known to us (or " they being satisfactori- 
 ly proven by oral testimony under oath, received by ua," tis the case may be\, to be the per- 
 sons who are named and described as, and professing to be, the parties to the forego- 
 ing deed or indenture, and do sevi^rally acknowledge the said indenture or instrument 
 of writing, to be the their respective act and deed ; the said Susan Doe signed and 
 tealtd »aid indentnrt before us, out of iJie preaence and hearing of Iter husband : and tha 
 $aid SfSAN Doe being by us examined, out of the presence and fuaring of her said hus- 
 band, •■ vchrther she doth exmite and acMvowUdge the same, freely and voluntarily, and with- 
 out being inductA to do so by fear or threats of or ill-usage by her husband, or by fear of 
 his displeasure," declareth and saith, that she doth. Fn testimony whereof, we hereunto 
 subw;ribe our names, on the day and year aforesaid. 
 
 (Seals.) John Jones, Justice of the Pear^.. 
 
 James S.miti^i, Justice of the Peact. 
 
 Rights of Married Women. 
 
 The property, real and personal, belonging to a woman at the time of her marriage, 
 
 and h11 property which *\u- may acquire or receive alt<;r her marriagi', by purchnso, gift, 
 
 „,,..>» .(. ,^,-,. (M-qiiest, or in a (tnurne of distribution, shall be prot<'Cted, from the debts 
 
 I, tuu\ not in any wny be liable for the payment thereof; provided, that no 
 
 t property panfini; to th" wife from her liunband alter coverture, »^hall ho 
 
 111.- li>iH Im"*'!! made or uranted to h'-r in pnjudice of the rights of bin snh- 
 
 hi order to etlect the nbovi! ol)jects, the wile shall have the I>enefit8 of 
 
 r her relief and security as now exist or may be devised in the courts 
 
 ■il- Htht.-. 
 
 1: . ' -Mry to interpose a trustee in order to secure to a mar. 
 
 ri' <l "■ use of her properly. • 
 
 All >Honf> in contemplation of marriage, shall remain in full 
 
 *cc hH'.t »ucIi nmrriii;;'! fhnll take ulace. 
 
236 SPECIA.L LAWS OF MARYLAND. 
 
 Rate of Interest. 
 
 The Icfral rate is eix per cent. In contracts where more is taken, only the excess ot 
 interest over the legal rate is void. 
 
 Wills. 
 
 Wills shall he in writing, and signed by the party making thpm, or by some other 
 person in his presence and by his express directions, and shall be attested and subscribed, 
 in the presence of tlie testator, by three or four credible witnesses. 
 
 Every devise of hind, or any estate therein, or bequest of personal estate, to the wife 
 of the testator, shall be construed to be intended in bar of her dower in lands, or share 
 ef the por«i(ina] estate respi'ctively, unless it be otherwise expressed in the will. 
 
 A wife may make a will and ijive all her property, or any part thereof, to her husband 
 or any one other person, with the consent of the husband subscribed to said will. Provi- 
 ded the wife shall have been privately examined by witnesses to said will, apart and ont 
 of the presence and hearing of her husliand, &c. (in the same manner as provided in 
 deeds), and provided also said will he made sixty days before the death of the testatrix. 
 
SPECIAL LAWS OF VIRGINIA. 237 
 
 VIRGINIA. 
 
 Coastitution adopted 1851.— Square Miles, 61,352.— fopulation in 1850, 1,421,061. 
 • 
 
 Exemptions. 
 
 No growing crop of any kind, not severed, aba'! bo 
 liable to distress or levy, except Indian corn, wbicli 
 may be taken at any time after the fifteenth of October 
 in any year 
 
 In case of a husband or parent, there shall be exempt- 
 ed from such distress or levy the following articles, or 
 BO much or bo many thereof as the party may have: 
 One cow; one bedstead, with a bed and necessary 
 bedding for the same ; six chairs, one table, six knives 
 and six forks, six plates, two dishes, two basins, one 
 pot, one oven, six pieces of wood or earthen ware, one 
 loom and its aupurtenancea, one spinning-wheel, one 
 pair of curds, one hor. and one axe ; five bHriels of corn ; five bu^^hel8 ol wlieat, or one 
 OHrn-l of flour; two hundred pcnindd ol bacon or poik ; and five BollHrs in value of ?br- 
 ug'' or h"y. And in caso of a inechiuiic, tbe tools and utensils of his trade, however, not 
 to excerd $25 in value; provided, that no family portrait or engraving shall be subject 
 I'. <li>tres3 1)1 levy. Slaves shall not be distrained nor tevied upon, without the debtur'a 
 conaeot, where there are other goods and chattels of such debtor sufficient for the pur- 
 pose, aud which it is in his power to take. 
 
 Mechanics' Lien. 
 
 If r person, owning or having an interest in land in a city or town, shall, by a 
 writing signed by him, contract with another to pay him money for erecting or 
 repairing any building or the appurtenances of any building on such land, there 
 ■hall be a lien for such mone^ on the whole interest of the said person in such 
 land, from the time that the said writing is duly admitted to rea)rd in the county 
 or corporation wherein the said land lies. 
 
 But the said lien shall not be in force more than six months from the time 
 when the money or the last instalment of the money to be ()aid under suoli con- 
 tract shall l>ecorae payable, unless a suit in equity to enforce the lien shall have 
 been aimmenced within the said six months. If, In such suit, the lion be estab- 
 lished, the court shall order a sale of such interest iu the said land, to satisfy the 
 money which ought to be paid under such contract. 
 
 ItSL-w regulating Contracts. 
 
 Nu action shall be brought — 
 
 1. To charge any person, upon or by reason of any representation or assurance 
 omrerning tlie character, conduct, creiiit, ability, trade, or dealings of another, 
 to the intent or purpose that sucli other may obtain thereby credit, money, or 
 gOTMlii. or — 
 
 '2. To charge any person, upon a promise made after full age, to pay a debt 
 contracted during infancy ; or upon a ratification, after full age, of a promise or 
 simple oontrai't made during infancy ; or — 
 
 ."i. To riiarge a j>ersf)nal representative, upon a promise, to answer any debt or 
 damni^en out of his own estate ; or — 
 
 i. To charge any person upon a promise, to answer for the debt, default, or 
 miadoings, of aoothcr ; or — 
 
f I ® ® 
 
 ^-:,a 
 
 5^'^clj'^4^"^'^#^^ir^^^'^'^'4^^4i% 
 
 2 MiisfUnofffn 
 
 23y 
 
240 SPECIAL LAWS OF VIROINIA. 
 
 5. Upon any agreement made upon consideration of man-iage ; or — 
 
 6. Upon any contract for the sale of real estate, or the lease thereof, for moi-e 
 than a year; or — . 
 
 7. Upon any agreement that is not to be performed within a year — 
 
 Unless the promise, contract, agreement, representati(m, assurance, or ratifica- 
 ti m, or some memorandum or note thereof, be in writing, and signed by the 
 jinrty to be charged thereby, or his agent ; but the coasideration need not be set 
 Lrth or expressed therein. 
 
 Limitation of Actions. 
 
 No person shall make an entry upon, or bring an action to recover any land, 
 bat within fifteen years next after the time at which the right to make such entry 
 or to bring such action shall have first accrued to himself or to some person 
 through whom he claims. 
 
 An infant, married woman, and an insane person, have ten years after the 
 removal of such disability, provided the disability shall not enable the person to 
 bring such action or make such entry after the lapse of thirty yeara from the time 
 when the right first accrued. 
 
 Every action to recover money which is founded upon an award, or on any 
 contract other than a judgment dr recognisance, shall be brought within the fol- 
 lowing number of yeara alter the right shall have first accrued, viz. : — 
 
 If the case be upon an indemnifying bond taken under any statute, or upon a 
 bond of an executor, administrator, guardian, curator, committee, sherill" or ser 
 geant, deputy sheriff or sergeant, clerk or deputy -clerk, or any other fiduciary 
 or public oflicer, within ten years. 
 
 If it be upon any other contract by writing under seal, within twenty years. 
 
 If it be upon an award, or be upon a contract by writing, signed by the party 
 to be charged thereby, or by his agent, but not under seal, within five years. 
 
 And if it be upon any other contract, within five years, unless it be an action 
 for any articles charged in any store account, in which case the action may be 
 brouglit within two years ; or an action by one partner against his copartner for 
 a settlement of the partnership accounts, or upon accounts concerning the trade 
 of mercliandise between merchants, their factors or servants, where the action 
 of account would lie ; in either of which cases the action may be brought until 
 the expiration of five years from a cessation of the dealings in which they are 
 interested together, but not after. 
 
 Every personal action, for which no limitation is otherwise prescribed, shall be 
 brought within five years. 
 
 Every action upon a Judgment or decree rendered in any other state or country 
 shall be barred, if, by the laws of such state or country, such action would there 
 be barred. And whether so barred or not, no action can be brought on such 
 Judgment against a resident for the ten years last pa.st, which was rendered more 
 than ten years before the commencement of the action. 
 
 Collection of Debts. 
 
 Attachment. — When any suit is instituted for any debt, or for damages for 
 breach of any contract, on affidavit, stating the amount and justice of the claim, 
 that there is present cause of action theretbr, that the defendant or one of the de- 
 fendants is not a resident of this state, and that the affiant believes he has est,ate 
 or debts due him within the county or corporation in which the suit is, or that he 
 is sued with a defendant residing therein, the plaintiff may forthwith sue out of 
 the clerk's office an attachment against the estate of the non-resident defendant 
 for the amount so stated. 
 
SPECIAL LAWS OF VIRGINIA. 241 
 
 Imprisonment for debt does not exist, except in the following inptnnce If a plain- 
 kfiii any action at law, or suit in chancery, shall by afHdavit show to the satisfnctidn 
 of the court in wrliich his suit is pending, or to any judge or justice of the peacp, that he 
 has cause of action or suit against a defendant «nd th;it there is probable cause for be- 
 li<!viu4r that the def<Midant is about to quit the state, unless he be forthwith apprehended, 
 it shall be lawful for such court, judge, or justice, to direct that tiie defendant be held 
 to bail in such amount as the said court, judge, or justice, may think fit ; and thereupon 
 the plaintiff may suo. out in such suit a writ of capias ad respondendum, against the de- 
 fendant, upon the plaintiti"'8 giving bond with security approved by the clerk of the 
 court, in a penalty equal to the amount in which the defendant is directed to be held to 
 bail, payable to tht? detendant, and conditioned for the payment of ull damages which 
 may result by reason of the arrest of the defendant. Under this writ of capias, the de- 
 fendant may be arrested and committed to jail, uqless he give bond and security to the 
 otiicer making the arrent, in the sum aforesaid, tharm case there shall be in such action 
 or suit any judgment, decree, or order, on which a writ of fieri facias mi^jhr issue, and 
 witliin f >ur months after such judgment-decree or order, interrogatories bo filed with a 
 commissioner of the court imder the 5th sec. of chap. 188 of the code, the said defendant 
 will, at the time the commissioner issues a summons to answer such interrogatories, be 
 in the county or corporation in which the commissioner resides, and will within the 
 time prescribed in the summons, make proper answer upon oath to such interroga- 
 tories, and make such conveyance and delivery as is required by the said chapter, or in 
 case of failure to file such answers and make such conveyance and delivery, to perform 
 and satifffy the said judgment, decree, or order. 
 
 The capi'iB may b<! quashed by the court or by a judge in vacation, if issued upon false 
 
 suggestions. By a subsequent amendment a defr-ndaul may bo discharged from custody 
 
 by'rt c iDiMiirsiouer of the court, or by a judge b- fore judgment, decree, or oriier upon 
 
 • ce to the plaintiff, that unless he filths his interrogatories ho shall apply 
 
 _'■• ; or the defendant may be diecharged when they shall have been hied, 
 
 . by the deleiidunt as above directed,'upon like notice, before any judg- 
 
 iij' at, auc-te, or order. 
 
 Deeds. 
 
 A SCROLZ,, affixed by way of seal, is as valid as a seal. 
 
 Any deed of trust, morto[ago, or other writing, made by a husband or parent to give 
 a lien on property which is exempt from .distress or levy, shall be void as to such prop- 
 erty. 
 
 Krery deed of gift, of trust, or mortgage, conveying real estate or goods and chattels, 
 •hall be void Ht to creditors and subsequent purchasers for valuable consideration, with- 
 out notice, until anii excpt from the timt; that it is duly admitted to record in the coun- 
 ty or corporation wherwn the property may be. 
 
 The husband is entitled to courtesy and the wife |d dower in a trust estate. 
 
 When a husband and wife have signed a writing purporting to convey or transfer 
 any estate, real or personal, she may appear before a cuurt authorized to admit such 
 writing to record, or belore the clerk thereof in his office ; and if, on being examined 
 privily iiinl (ipurt f om her husband, by one of the justices of the court, or by the clerk, 
 tin 1 lia\' ii;; nuch writing fully explained to her, she acknowledge the same to bo her 
 ,.,t 1 . re that she had executed it willingly, and does not wish to retract it, such 
 ; "(jii, acknowled:ifnent, and declaration, shall hn thereupon recorded in 
 
 !! the clerk's office, or she may appear before two jiisticeu ""bo shall be 
 • r, or a notary public within the United States, or a commmsioner ap- 
 \ 1 ihe same by the governor of this state; and such justices, or notary, or 
 
 I may so examine her. and if, after such explanation, she make such 
 
 «" t)t and declaration, shall certify the same on or annexed to the said wri- 
 
 t.ii^ tu the loUowing eflfect, viz. :— 
 
 Form of Acknowledgment. 
 
 I iiiiona, ) 
 
 -.a notary puhlie for the coanty of Richmond, In the state of Virginia, do cer- 
 
 " '► ""• '^"''* of John Doe, whose names are signed to the wriiinif above, 
 
 ' y of iVor««6er, one ihousand eight hundred and A/^VJ**"! P*""- 
 
 > in tlio county aforeHaid, «nd lining examined hv me privily 
 
 ' Hid huvinK IhM writing aforesaid fully explained to her, she. 
 
 nn<>wi«(li:Kd ilie said writing to be her act, and declared that she had 
 
 same, and d<H'« not wi«h to retract it. 
 
 1, this tuxnty-Affh day o( November, one thousand eight hundred and 
 JOHS J OtiRS, Notary Public 
 I-a i-nm of ackuowicdgmeiit should bo ^sed whether made In or out of tuo state. 
 
 21 
 
242 SPECIAL LAWS OF VIRGINIA. 
 
 Acljnowledgmcnta may be takon hofore a justice of the peace, notarj' public, the court 
 which admits the d>'ed to record, or the clerk of Buch court in his office, in the state. If 
 made clacvvhere in the United Stales, then bfforo a justice, a notary puldic, or comrnis- 
 8i(jner, appointed l)y the governor of the state, who must write on or annex to the deed 
 a certific;ite to the followins; effect : — 
 
 State of New Hampthire, ) , . ., 
 County of Cheshire, \ '" *"'• 
 
 1, John Jones, a juttice of the peace for the county aforesaid, in the state of New-Hamp- 
 thire, do certify that John Doe, whose name is signed to the writing above, bearing dale on 
 the J!r»t day ot December, one thousand eight hundred and fifty-Jive, has acknowledged the 
 same before me, in the county aforesaid. 
 
 Given under my hand, this thirteenth day of December, one thousand eight hundred and 
 fifty-five. JOHN JONES, Justice of the Peace. 
 
 Two witnesses are necessary where the deed is proved by witnesses. 
 
 Any writing executed out of the United States may be admitted to record as to any 
 person whose name is signed thereto, when a certificate under the official seal of any 
 mini.st«'r plenipotentiary. charg6 d'affaires, consul-general, consul, vice-consul, or com- 
 mercial agent, appointed by the government of the United States to any foreign country, 
 or of the proper officer of any court of such country, or the mayor or other chit^f magis- 
 trate of any city, town, or corporation therein, that the said writing was acknowledged 
 by such person, or proved as to him by two witnesses, before any person having such 
 appointment, or before such court, mayor, or chief magistrate. 
 
 Rights of Married Women. 
 
 A MARRIED woman may hold estate wparate from her husband, if bequeathed or con- 
 veyed to her separate use and benefit, but in the absence of any such bequest or convey- 
 ance the husband is entitled to all personal estate of which she may be possessed, and 
 which the husband may reduce into possession. In real estate the husband acquires 
 nothing save a tenancy by the courtesy. 
 
 Dower. — A widow shall be endowed of one third pai t of all the real estate whereof 
 her husband, or any other to his use, was at any time during the coverture seized of an 
 estate of inheritance, unless her right of dower shall have been lawfully barred or relin- 
 quished. 
 
 In addition to dower, she is entitled to one third of the personal estate after the pay- 
 ment of debts and charges, taking in slaves an estate for life only. If the marriage be 
 without issue, she is entitled absolutely to the slaves »nd other ptirsonfil pi operty so re- 
 maining, which were derived from her. and was preserved in kind ; and again, if the 
 marriage be without issue, and the deceased husband was without issue by any former 
 marriage, she is entitled to one half of the residue, qualified in respect to slaves as before. 
 
 If provision bo made for her in her husband's will, she may renounce it at any time 
 within one year from the probate, and entitle herself thereby to her legal rights. 
 
 Rate of Interest. 
 
 Thr legal rate is six per cent. AH contracts for a greater rate are void, with the pen- 
 alty of forfeiture of twice the amount of the debt, one half to the informer. But interest 
 upon any debt contracted out of the state, though recovered in this state, shall be allowed 
 according to the rate of interest in the state in which the contract was created. 
 
 When a bill of exchange drawn or endorsed within this state, is protested for non-ac- 
 Jceptance or non-payment, there shall be paid by the party liable for the principal of such 
 [bill, in addition to what else he is liable lor, damage upon the principal, at the rate of 
 three per centum if the bill be payable out of Virginia and within the United Stales ; and 
 ten per centum if oat of the United States. 
 k 
 
 "WiUs. 
 
 Thkse should be in writing, signed by the testator, or by some other person in his 
 presence and by his direction, in such manner as to make it manifest that the name is 
 intended as a signature ; and, moreover, unless it be wholly written by the testator, the 
 signature shall be made or the will acknowledged by him in the presence of at least two 
 competent witnesses, piesent at the same time, and such witnesses shall subscribe ^^ha 
 will in the presence of the testator, but no form of attestation shall be necessary 
 
SPECIAL LAWS OF NORTH CAROLINA. 
 
 243 
 
 NORTH CAROLINA. 
 
 Constitution ndoptod, 1835.— Square Miles, 43,800.— Population in 1850, 806,670. 
 
 • 
 
 Exemptious. 
 
 There is exempted from sale on execution iik this state 
 wearine-appttrel ; working-tools, and arms for muster ; ono 
 bed and funiiture; one wheel and cards, ai«d one loom ; one 
 bible and testament ; one hymn-book ; one prayer-book ; and 
 all necessary school-books, the property of the defendant. 
 
 There is also exempt t'loni seizure under execution the fol- 
 lowing property of every housekeeper, to wit: one cow anA 
 calf: ten bushels of com or wheat ; fifty pounds of bacon 
 beef, or pork, or one barrel of fish : all necessary farming- 
 tools for one laborer: one bed, bedstead, and covering, for 
 every two members of the family, and sucn other property as 
 three disinterested freeholders, upon application made to 
 some justice of the peace for the county in whicli the appli- 
 cant resides, shall lay off and aseiyrn ; such other property no* 
 to exceed in value the snm of tifiy dollars at cash valuation 
 
 Chattel Mortgages. 
 
 No mortgage of any estate, whether real or personal, shall be good and available in law 
 Rpainst creditors or purchasers for a valuable consideration, unless the same shall hava 
 be<n proved and rej^isiered within six mouths afier the execution of such mortgage. 
 
 No deed of trust, or nioriiratie for real or personal estate, shall be valid at law to pass 
 any property as atrainst creditors or purchasers, for a valuable consideration from the donor, 
 baf/ainer, or mort^af.'er. but from the retristration of such deed of trust or mortgage, in the 
 county where the land lies, or in case of chattels, where the donor, bargainer, or mortjjager, 
 resides ; or, in case tlie donor, bargainer, or mort>;ager, shall reside out of the state, then in 
 the county where the said chattels or some of them are situate. 
 
 Law regulating Contracts. 
 
 invey any lan'i-. 
 (1 or slaves, t>l. 
 . I)e put in u 
 ■ II by him tliei- 
 
 rir hereditaments, or Interest in or 
 less such contract or some memo- 
 by the party to be charged there- 
 authorized, except leases not ex- 
 
 : whereby to charge any executor or administrator upon a spe- 
 H,e8 out of his own estate, or to charge the defi-ndant upon any 
 ■^ . 1 ;.<r the debt, default, or miscarriajre of another person, unless the 
 . such action shall l)e br(*ut;ht, or some memorandum or note thereof, 
 I'l sitfr^ed t)y the party to be charged therewith, or by some person 
 lully authorized. 
 
 Limitation of Actions. 
 
 «o!»s having a right to lands must make claim within seven years next ader the right 
 '!, exc«?pt minors, married women, and persons insane, who may have three yearn 
 ''•■ removal of their disability, and persons beyond seas eight years aAer their right 
 
 w tionsof iccount rendered, upon the case,of debt for arrearagesof rent, of del)t upon 
 triirt, of d.'tinu", rcjM.-vin, and trespass, tfittier for goods and chattels, or quart 
 
 wounding, imprisonment. wUhln one year. 
 . vithin six months after die words sp<iken. 
 and persons beyond sea, have the same periods after the 
 
 Uiuv&i of UmU dis«bUity. 
 
'fiM,^M^ 
 
 Wi^mmm 
 
 m i©if 1 SM®iiiiAo m 
 
 2U 
 
Oanrille 
 
 
 JiantlalsV 
 
 ^s7iizigton)iH Y DIE 
 
 ^^W 
 
246 SPECIAL LAWS OF NORTH CAROLINA. 
 
 Collection of Debts. 
 
 Attachment —TTpon any complaint being made on oath to any of the judges of the eu- 
 preme or superior courts, or to any justice of any of the county courts, by any person, his attor 
 sey, agent, or factor, that any person [indebted to liim] hatii removed or is removing out of the 
 county privately, or so absents or conceals himself, that the ordinary process of law can not 
 be sei-ved on such debtor, and further swears to the amount of his debt or demand to the 
 beet of his knowledge and belief, an attachment may isFue against the estate of such debtor, 
 wherever the same may be found. An attachment may aleo issue in favor of a resident of 
 this state against the estate of anon-resident. 
 
 Bv act of 1850, clerks of the county and superior courts may issue attachments returnable 
 to their respective courts, and take bonds and administer oaths in cases of such attachments. 
 
 Deeds. 
 
 Deeds must be acknowledged by the grantor before one of the judges of the supreme 
 court, or of the superior court, or in the court of the county where tne land lies, and regis- 
 tered by the public register of the county where the land lies, within two years from tha 
 date of the deed. 
 
 Residents in any of the other states, or in the territories, or in the District of Columbia, 
 may acknowledge them before some one of the judges of supreme jurisdiction, or of the 
 puperior courts of law, or circuit courts of law of superior jurisdiction within said state, 
 territory, or district, and an attestation of such acknowledgment endorsed or affixed to the 
 deed by the Judges, and a certificate of the governor of the state or territory, or if in the 
 District of Columbia, a certificate of the secretary of state of the United States, that the 
 judge before whom said acknowledgment was taken, was at the time of making the same 
 one of the judges of the courts of supreme jurisdiction, or of the supreme courts of law, 
 or circuit courts of law of superior jurisdiction within said state, territory, or district, shall 
 also be affixed, or before any commissioner appointed by the governor of the state, and 
 certified by bim as by law required. 
 
 Conveyances by husband and wife must be by them personally acknowledged before one 
 of the judges of the supreme or superior courts, or m the court of the county where the 
 land lies, the wife being first privily examined by such judge, whether she doth voluntar- 
 ily assent thereto. 
 
 A scrawl of tlie pen may be used instead of a seal. 
 
 Rights of Married "Women. 
 
 Whenever a marriage shall take place, all the lands or real estate owned by the femmt 
 eoverte at the time of the marriage, and all lands or real estate which she may subsequently 
 acquire, by will, devise, inheritance, or otherwise, shall not be 8ul)ject to be sold or leased 
 by the husband for the term of his own life, or any less term of years, except by and with the 
 consent of his wifs first had and obtained, to be ascertained and effectuated by privy exam- 
 ination, according to the rules now required by law for the sale of lands by deed belonging 
 to Jemme covertes. And further, that no interest of the husband whatever, in such lands or 
 real estate, shall be subject to sale to satisfy any execution obtained against him, and all 
 such sales are declared to be null and void both at law and in equity. 
 
 Dower. — The widow is endowed of one third part of all the lands, tenements, and here- 
 ditaments, of which her husband died seized and possessed. 
 
 The dower of a widow shall not be subject to the payment of debts due from the estate 
 or her husband, during the term of her life. 
 
 Rate of Interest. 
 
 The legal rate is six per cent. All contracts whereby a higher rate is reserved are Toid, 
 and the party exacting it is liable to forfeit double the amount of the debt, one half to the 
 ■tate, one half to the prosecutor. 
 
 Wills. 
 
 The will must be written in the testator's lifetime, and signed by him or by some other 
 person in his presence and by his direction, and subscribed in his presence by two wit- 
 nesses, no one of whom shall be interested in the devise. Or, if found among his papers 
 must be in his own handwriting, and his name subscribed thereto, or inscribed in soma 
 part thereof, and the handwriting generally known by his acquaintan«e«, and proved by 
 three witnesses to be every part m the testator's own handwriting. 
 
 No will in writing whereby personal estate is bequeathed, shall be sufficient to convey 
 or give the same, unless such will be executed with the same formalities as are required in 
 Jhe execution of wills of real estate ; provided, nevertheless, that the provisions of this act 
 shall not be construed to affect nuncupative wills. No will in writing, made after 1846, 
 which shall not be sufficient to convey or give personal estate, shall be good u to any real 
 estate therein devised. 
 
SFSOIAL LAWS OF SOUTH CAROLINA 247 
 
 SOUTH CAROLINA. 
 
 Conatitution adopted, 1790.— Square Milea, 25,200.— Population in 1850, 668,457. 
 
 Household and Homestead Exemptions. 
 
 There \a in this state exempted from levy and sale oo 
 execution the followingr articles, namely: to each family two 
 beds and necessary beddin;?; two bedsteads; one spinning'- 
 wheel, and two pairs of cards; one loom, and one cow and 
 calf; if a farmer, the necessary farming utensils; If a me- 
 chanic, the tools of his trade ; tne ordinary cooking utensilfi 
 and ten dollars' worth of provisions. 
 
 Be it enacted, 6fe., That the following! property, In addition 
 to that now exempted by law, to wit: to each family the 
 dwellinp-house, ana houses appurtenant thereto, totjeiher with 
 fifty acres of land, and also one horse, and twenty-five dollars' 
 worth of provisions, be and the same ate hereby exempted 
 from levy and sale, under fieri facias and assignment under 
 meene or final process : Provided, that the said exemption shall not Include, or extend to, 
 %ny properly within the limits of any city or town corporate of this state. And provided fur 
 ther, that the value of the said real e'etate shall not exceed the sum of five hundred dollars. 
 
 That in all cases, where the landed property of the debtor shall exceed fifty acres, three 
 conunissionfrs shall be appointed by tlie clerk of the court, upon the application of either 
 the plaintiff or defendant in the execution, whose duty it shall be to lay off to the debtor 
 fifty acres of land, iucludint; the honiestead, which shall always be done most favorably and 
 beneficially for the family for whose benefit the provision is made ; the remainder of whose 
 land may be liable as In other cases. 
 
 And if the said fifty acres including the homestead, so laid off, shall exceed In value, by 
 the estimate of the said commissioners, or a majority of them, tlje sum of five hundred dol- 
 lars; then, and in all such cases, the said commissioners shall proceed to lay off such quan- 
 tity less than fifty acres, as herembefore provided, the value of which shall not exceed the 
 •aid sum of five hundred dollars, the remainder of which may be sold as in other cases. 
 
 That the said commissioners shall make a full return, under their hands and seals, of their 
 aroceedings in the premises, together with a plat or some other concise cescription of the 
 lands laid off by them, to the clerk of the court and shall be entitled to receive a com- 
 pensation for their services, not exceeding one dollar each per day, to be paid by the de- 
 fendant ; and the clerk of ilie court shall keep a suitable book, in which the appointment of 
 the commissioners, together with their return and all other proceedings in the case, shall 
 be recorded ; for which services, the said clerk shall be entitled to receive in like manner, 
 from the defendant, the sum of three dollars. 
 
 That this act shall take effect, from and after the first day of March, 1852, in relation to 
 •U debta thereafter contracted. 
 
 Mechanics' Lien. 
 
 Etfkt majter mechanic, handicraftsman, and artificer, who Bhall erect. Improve, of 
 repair any building, shall have a lien thereon for the amount Justly due him therefor. 
 
 A KK-mumndum, in nature of a contract, must be signed in presence of one or more wit 
 n • parties to such contract aud the proprietor of the premises or his lawful 
 
 '• 'ii^ a piiriicular account of the work to oe done, the materials to be furnished. 
 
 '■ deiicriptir»n of the premites, and recorded in the office of the register of 
 
 I inces for the district in which such buildings are. 
 
 I be in no case for a greater sum tlian the just value which such building or 
 I nhall give to the land. 
 
 commence from the recording of the contract, and to continue only for tliree 
 years, tnm not to Impair any prior Ilea 
 
 Chattel Mortgages. 
 
 No mortTarn of pAraonal pron^rtv nhall he valid so na to affect the rights of subsequent 
 
 r..,i r,,r« i.r ,,,. r^i, ......r., f,.r.. v,.i,,«i... -, i* . . I .. , ,. I , .,, »i.t|iout notlc«, uuless the same shall 
 
 ' vanreii for the district where the 
 
 I where the properly mortgaged 
 
 .1 i; ., ■ . hixty days; and if lit* properly cod> 
 


250 , SPECIAL LAWS OF SOUTH CAROLINA. 
 
 sists of one c r more slaves, then also in the office of the secretary of state, within sixty days 
 In the districts of Charleston and Richland, thoy shall be recorded in the office of the 
 secretary of state only. 
 
 Law regulating Contracts. 
 
 Promises by executors or administrators to bind their own estate ; by any one to pay the 
 debt of atiotlier, or in consideration of marriage, or for any interest in lands, except leases 
 not exjeeding three years, or that are not to be performed within one year from the making 
 thereof, are void, unless tho'aj^reement or some memorandum thereof be put in writing, 
 and signed by the party to be charged or some one lawfully authorized. 
 
 Limitation of Actions. 
 
 All titles to lands or possessions for ten years shall be good against all 
 claims whatsoever. Persons beyond seas allowed three years. 
 
 Any perani may prosecute his right to land within ten' years ; persons beyond 
 ■eas, married women, and persons imprisoned, have seven years ; minors have five 
 years after their majority. 
 
 In actions to try titles to land, if the plaintiff or claimant discontinue, or suffer 
 a nonsuit verdict or judgment against him, or in any other way let the first ac- 
 tion fall, he may bring a second action within two years; otlierwise he is barred. 
 The second action is final. 
 
 Actions of trespass quare clausum /regit, trespass, detinue, trover, replevin, 
 debt, covenant, and case, must be brought within four years. 
 
 Actions of trespass of assault a6d battery, and imprisonment, must be brought 
 within one year. 
 
 Actions of slander most be brought within six months. 
 
 Collection of Debts. 
 
 Attachment. — Attachment may issue against the property, real and person- 
 al, of a non-resident debtor, or a debtor who absconds, or who is removing out of 
 the district, or who conceals himself so that process can not be served upon him. 
 
 Arkest. — A debtor, about to abscond before the maturity of the debt, may be 
 held to bail. 
 
 A debtor may be held to bail in any case where the debt exceeds thirty dollars 
 and sixty-two cts., upon affidavit of the fact being annexed to the writ or process. 
 
 Deeds. 
 
 AcKNOWLKBGMKNTs of deeds by the grantor on proof of their execution by one 
 of the subscribing witnesses may be made before any magistrate. Conveyances 
 shoul'^ t»e immediately recorded in the oflice of the register of mesne conveyan- 
 ce.^; of the district where the land lies. In Charleston district there is a special 
 register ; in all the other districts the clerk of the court acts as register. 
 
 They may be acknowledged, out of the state, before commissioners appointed, 
 by the governor for that purpose. 
 
 A scrawl of the pen may b% used for a seal. The conveyance must be attest- 
 ed by two witnesses. 
 
 The wife may release her dower, if shelfe^e of lawful age, in the premises con- 
 veyed by her husband, by going before any judge of the court of common pleas 
 or magistrate for the district in which she may reside or the land may be and 
 acknowledge before him, upon a private and separate examination, that she did 
 freely and voluntarily, without any compulsion, dread, or fear, of any person 
 whomsoever, renounce and release her dower to the grantor, his heirs and as- 
 signs, in the premises mentioned in such deed. 
 
 A certificate, under the hand of the woman and the band and seal of the magis- 
 trate, shall be endorsed upon such release, and recorded in the office of mesne 
 conveyances, or office of the clerk of the county court in the district or county 
 where the land lies 
 
SPECIAL LAWS OP SOUTH CAROLINA. 251 
 
 Form of Acknowledgment by a Single Man. 
 The State of South Carolina, ) 
 Charleston District > 
 
 I, John Jones, one of ihejiidga of the cohort of common pleas, do hereby certify thai 
 John Dok did this day appear before me and acknowledge that he did sign, seal, and 
 delirer, the within conveyance unto -the within-named James Ssiith, as his free act 
 and deed. 
 
 Given under my hand and seal, this thirtieth day of April, Anno Domini one thou.iiiud 
 eight hundred and fifty-one. . JOHN JONES (Seal.) 
 
 Form by Statute for Release of Dower 
 The State of South Carolina, ) 
 Charleston District 5 
 
 I, John Jones, one of the judges of the court of common pleas, do hereby certify un- 
 to all whom it may concern, that Susan Doe, the wife ofthe within-named John Dos, 
 did this day appear before me, and upon being privately and separately examined by me, 
 did declare that she does freely, voluntarily, and withoutany compulsion, dread, or fear, ol 
 any person or persons whomsoever, renounce, release, and for ever relinquish unto the 
 within-naraed Dunn Bbown, his heirs and assigns, all her interest and estate, and also 
 all her right and claim of dower, of, in, or to, all and singular the premises within-men- 
 tioned and released. 
 
 Given under my hand and seal, this thirtieth day of April, Anno Domini one thousand 
 eight hundred tmd fifty-one. SUSAN DOE. 
 
 (SeaL) John Jones, Judge. 
 
 Form for Renunciation of inheritance. 
 The State of South Carolina, \ 
 Charleston District j 
 
 I, John Jones, one of the judges of the court of common pleas, do hereby certify unto 
 all whom it may concern, tljat Susan Doe, the wife of the within named John Dok, did 
 this day appear before me, and upon being privately and separately examined by me, 
 did declare that she did actually join her said husband in executing the within release, 
 and that the same was positively and bonafide executed, at least seren days before this 
 her examination, and that she did then, and still does at this time, freely, voluntarily, 
 and without any manner of compulsion, dread, or fear, of any person or persons whom- 
 soever, renounce, release, and for ever rehnquish, unto the within-named James Smith, 
 hia heirs and assigns, all her estate, interest and inheritance, in all and singular the prem- 
 ises within mentioned and released. 
 
 Given under my hand and seal, thii thirtieth day of AprUf Anno Domini one thousand 
 eight hundred and fifty-one. SUSAN DOC, 
 
 (SeaL) John Jones, Judge. 
 
 Rights of Married WomexL 
 
 The common law In regard to the rights of married women prevails in this 
 state, except that marriage^settlement deeds mast be recorded in the office of 
 the secretary of state, and register of mesne conveyance within three montiis 
 after their execution. 
 
 Rate of Interest 
 
 Th« legal rate is seven per cent The party relerving mors, foifelts the en- 
 tire interest, and mast pay the costs. 
 
 Wills. 
 
 WitT.8 mnrt be in writing, Hier.ed by the tefltaior. or some person in his pre» 
 ence and by his express direction, and attested and subscribed in the presence 
 of the tcsutor by tliree or more competent witnesses. 
 
252 
 
"^ © 1 1 © 1 1., ^' 
 
 253 
 
254 SPECIAL LAWS OF GEORGIA. 
 
 GEORGIA. 
 
 Cunsatution adopted 17i»8.— Square Miles 61,500.— Population in 1850, 877^97. 
 
 Exemptions. 
 
 There are exempt from attachment and sale on 
 execution, two beds and bedding, common bedsteads, 
 a spinning-wheel, and two pairs of cards ; a loom, 
 common tools of the debtor's trade, and ordinary cook- 
 ing-utensils ; thirty dollars' worth of provisions, and 
 the family Bible ; a cow and calf; one horse or mule, 
 the value of which shall not exceed fifty dollars ; aioo 
 ten head of hogs ; one yoke of oxen and cart, if he 
 owns no horse : the same privileges are extended to 
 every widow and her family, during her widowhood. 
 
 Homestead-Ezemption Law. 
 
 Every white citizen of this state, male or female, being the head of a family 
 may own, free from levy and sale by virtue of any judgment, order, or decree, of 
 any court of law or equity in this state, founded on any contracts made after the 
 first day of May, one thousand eight hundred and forty-two, or any process ema 
 nating upon the same, twenty acres of land, and the additional sum of five 
 acres for each of his or her children under the age of fifteen : Provided, that the 
 same, or any part thereof, be not the site of any city, town, or village, or of any 
 cotton or wool factory, saw or grist mill, or of any other machinery propelled by 
 water or steam. 
 
 The twenty acres thus exempted shall include the dwelling-house and im- 
 provements of the original tract, provided the value of such dwelling-house and 
 maprovements shall not exceed $200-extended to cities, towns, and villages. 
 
 From and after the passage of this act (December 22, 1843), the amount of 
 fifty acres of land to the head of each family is exempt from levy and sale by 
 virtue of any judgment, order, or decree, of any court of law or equity in this 
 atate, founded on any contracts made after tlie first day of January, one thousand 
 eight hundred and forty-four, except the same shall be for the purchase-money of 
 said land, for the payment of which said land shall be bound. 
 
 The same property is likewise exempt from attachment. 
 
 Mechanics' Lien. 
 
 Evert mason or carpenter, building or repairing any house, shall have a Hen 
 on the same, if he, within tJiree months from the time the same is completed, 
 cause to be recorded in the clerk's office of the county where such building may 
 be, his claim thereon. The lien covers machinery also. 
 
 Within twelve months from the time bis debt is due, he must institute a suit 
 to enforce his lien. 
 
 All persons, employed in any capacity whatever, on all steamboats and other 
 water-craft engaged in the navigation of the Chattahooche, Altamaha, Ocmulgee, 
 Savannah, and Flint rivers, also those who furnish wood and provisions to said 
 steamboats and water-craft, shall have an exclusive lien on the same for theii 
 debt, if they prosecute the collection within twelve months after it is due. 
 
SPECIAL LAWS OP GEORGIA. 255 
 
 When the sam exceeds thirty dollars, they may make afl3davit of the sum due 
 before any judge of the snperiof court, or justice of tl e inferior court in the county 
 where the craft lies, and judgment may be entered thereon, and execution issue 
 immediately. 
 
 If the sura be thirty dollars or uader, then the same proceeding may be had 
 before a justice of the peace. 
 
 Provision is made for proceedings when the claim is contested. 
 
 The same lien and expeditious proceedings are allowed to persons employed 
 b steam saw-mills, to those furnishing timber or firewood, provisions or suppliei 
 therefor. 
 
 Also millwrights and builders of gold-machines in this state are entitled to the 
 same lien, and the same method of enforcing it. 
 
 Chattel Mortgages. 
 
 These must be proved by the affidavit of the subscribing witness, and re- 
 corded in the clerk'g oflRce of the superior court of the county in which the mort- 
 rager resided at the time of the execution of the mortgage, within three months 
 from the date thereof 
 
 "Law regulating Contracts. 
 
 No action shall he brought whereby to charge any executor or administrator, 
 npon any special promise, to answer damages out of his own estate ; or whereby 
 to charge the defendant, upon any special promise, to answer for the debt, de- 
 fault, or miscarriage, of another person ; or lo charge any person, upon any ajjree- 
 ment made upon consideration of marriage ; or upon any contract or sale of lands, 
 tenements, or hereditaments, or any interest in or concerning them ; or upon any 
 agreement that is not to be performed within the space of one year from the 
 making thereof; unless the agreement upon which such action shall be brought, 
 or some memorandum or note thereof, shall be in writing, and signed by the 
 party to be charged therewith, or some other person thereunto by him lawfully 
 tuthorized. 
 
 No contract for the sale of any goods, wares, and merchandises, for the price of 
 ten pounds sterling or upward, shall be allowed to bo good, except the buyer 
 shall accept part of the goods so sold, and actually receive the same, or give some* 
 thinp in eamest to bind the bargain or in part payment, or that some note or mem- 
 orandum in writing of the said bargain be made and signed by the parties to be 
 charged by such contract, or their agents thereunto lawfully authorized. 
 
 Limitation of Actions. 
 
 Actions for the recovery of land must be brought within seven yearn. 
 
 Infants, married women, persons insane, imprisoned, and beyond seas, htive 
 three yc&rn after the removal of such disBbility. 
 
 Actions ufKm the case, other than for slander, actions for account, for trespass, 
 debt, detinue, and replevin, for goods and [chattels] cattle, and trespass quart 
 cl'tv»iim freeit, within four years. 
 
 Actions of trespass of assault, battery, wounding, and imprisonment, within 
 two yrars. 
 
 Actior.s niK.n the case for words, within six months after the words spoken. 
 
 Inf; ■ ' '.vomen, persons insane, imprisoned, and beyond seas, have 
 
 th*» su >r their disability is removed. 
 
 Nott^ uments in writing, not under seal, within six vears. lustra* 
 
 mcnta under seal, within twenty years; actions on open account, witliiu ibar years. 
 
 Actions on foreicn judirments in five years 
 
 The time wh.ii the defendant has abHcouded or removed from the state Is not 
 
 incinderi in the cntiifxitsirion 
 
256 SPECIAL LAWS OP GEORGIA. 
 
 Collection of Debts. 
 
 Attachmknt.— In case of non-residence, or where both debtor and crediW 
 reside without the limits of the state, the creditor may attach the real and per- 
 •onal property of the debtor in the state. 
 
 When a debt is not due, and the debtor is removing or about to remove witb- 
 3ut the limits of the state, and oath is made by the creditor, his agent, or attor- 
 ney, of the amount due or to become due, and that the debtor is removing or 
 about to remove out of the state, an attachment may issue against his property. 
 
 In all cases pending a suit, if the defendant place himself in such a circum- 
 stance as would, by the laws of the state, authorize an attachment, one may 
 issue. 
 
 Arrest. — Any person imprisoned or arrested for debt, who shall make it 
 appear to the court that he is insolvent, and shall deliver a schedule of his real 
 and personal estate, debts, credits, and effects, and shall take the poor debtor's 
 or insolvent's oath, shall obtain a discharge from imprisonment ; and every debtor 
 so discharged shall not be liable to be imprisoned on execution for any debt con- 
 tracted before his discharge with any creditor having notice of his application 
 for such discharge, nor shall he be arrested or held to bail in mesne process for 
 any debt or contract entered into prior to his discharge. 
 
 Married women and widows are not liable to arrest for debt 
 
 Deeds. 
 
 Deed? must be executed under hand and seal (scroll), in the presence of two 
 or more witnesses, and acknowledged or proved before a justice of the peace, or 
 the chief justice, or one of the assistant justices, or clerk of the superior oourt, 
 the ordinary or clerk of the inferior court, sheriff, deputy- sherifiF, tax-receiver, 
 tax-collector, or county-surveyor, in which the instrument is executed oracknowl 
 edged, or mayor, or intendant, or commissioner of any incorporated town or city, 
 and registered by the clerk of the court in the county where such lands lie, with- 
 in twelve months from the date of sucn deed. Seven years undisturbed posses- 
 sion gives good title to land. 
 
 Deeds must be attested or proved before the clerk of the superior court, to be 
 ttdmitted to record. Deeds made out of the state may be admitted to record on 
 affidavit of one of the subscribing witnesses before an officer in this state as in 
 other cases. The wife joining must acknowledge and agree, before the chief 
 justice, or any justice jf the peace, or other officer, authorized to take the ac 
 knowledgnient, on private examination, that she did.'of herown free will and ac- 
 cord, subscribe, seal, and deliver the said deed, with an intention thereby to re- 
 nounce, give up, and fur ever quit-claim to her right of dower and thirds, of, in 
 to, and to, the lands or tenements therein mentioned 
 
 Consuls and vice-consuls of the United States, duly appointed and recognised, 
 may take such acknowledgment of persons being within their consulates, and 
 certify the same under their official seals. 
 
 Form of Acknowledgment. 
 State of Georgia, ) . „,.. . 
 
 County of Crnirford, \ ^° ^^^ ' 
 On this Jirst day of October, one thousand eight hundred and ffiy, before me 
 personally came John Doe and Susan his wife, to me known to be the persons 
 described in, and who executed the foregoing conveyance, and severally ac- 
 knowledged that they executed the same; and the said Susan, on ppvatt 
 examination, acknowledged and agreed that she did, of her own free will and 
 accord, subscribe, seal, and deliver the said deed, with an intention therebv in 
 renou nee, give vp, and for ever quit-claim, her right of dower and thirds, and aU 
 her other interest of, into, atid to, the lands or tenements tlierein mentioned. 
 
 JOHN JONES, Jjistice of the Peace. 
 
■PECIAL LAWS OP GEORGIA. 257 
 
 Rights of Married "Women. 
 
 DowKR — The wife must make application for her dower within seven yeart 
 from the lime of her liusband's death. 
 
 All conveyances of lands and tenements made by the husband alone during 
 coverture shall convey the entire premises (except such lands as the husbami is 
 •eized of by his intermarriage with his wife), any law, usage, custom, or rule of 
 court, to the contrary' notwithstanding ; Provided, that nothing herein contained 
 shall deprive the widow of her right to dower in all land« of which her husband 
 may have died seized and possessed. 
 
 Rate of Interest 
 
 The legal rate is seven per cent. If more be reserved, the party loses the 
 entire interest 
 
 WiUs. 
 
 These most be in writing, signed by the testator or some person in his pres- 
 ence Tind by his express direction, and attested and subscribed, in the presence 
 of the testator, by three or four competent witne.'?see. 
 
 ««• 
 
I 
 
 ^58 
 

 iJ59 
 
260 SPECIAL LAWS OF FLORIDA. 
 
 FLORIDA. 
 
 Cciiatitution adopted 1845.— Square MUea 59,26a— Populati(» In 1850, 87,387. 
 
 • 
 
 Exemptions. 
 
 The necessaiy wearing-apparel and bedding of er 
 ery person, and the necessary wearing apparel, bedding, 
 and kitchen funiitare of every family, shall be exempt 
 from execution, attachment, and distress. The follow- 
 ing property may be claimed as exempt from execu- 
 tion, attachment, and disti-ess, except for violation of the 
 criminal laws: the horse^ saddle, and bridle, or the 
 horse, saddle, vehicle, and liamess, of every clergyman, 
 not exceeding in value one hundred dollars. 
 _ The horse, saddle, and bridle, medicine, and profes- 
 edonai books, and instruments, of every surgeon, mid- 
 wife, or physician, not exceeding in value one hundred 
 dollars : one net of working-tools, or instruments of every mechanic, artist, dentist, 
 artisan, or tradesman, not exceeding in value one hundred dollars. 
 
 The liorse and gun not exceeding in value one hundred dollars, belonging to ev- 
 ery farmer who is in actual cultivation of five or more acres of land within the 
 state; 
 
 Every actual housekeeper with a family, may claim as exempt, such portion of 
 ftis property as may be necessary to the support of him.sclf and family, not to ex- 
 ceed in value one hundred dollars; thereby waiving claim to all riglit to other ex- 
 emption of property; provided, in every case, the defendant is not moving out of 
 the state, nor resides beyond the limits thereof, nor is removing bis property be- 
 yond the limits of the same, nor is secreting or fraudulently disposing of his prop 
 erty for the purpose of avoiding the pajTuent of his jiist debts ; and, provided o!so 
 the defendant shall make affidavit that he hath made a fair, full, and complete 
 Btateraeut of all his property, in trust or otherwise, of all moneys, debts, and de- 
 mands, due or to become due, which statement shall be signed "by him and with 
 the affidavit accompanying the return of the process. 
 
 Every farmer seized and possessed of forty acres of land, in his or her own right 
 in fee simple, and shall actually have in cultivation at least ten acres of the same, 
 shall hold the same free and exempt from execution, attachment, or distress, ex- 
 cept for a violation of the criminal law, or for fines or taxes ; provided, the land 
 and improvements do not exceed in value two hundred dollars. 
 
 Also the boat and gun of everj' fisherman, pilot, or resident upon any island or 
 coast, or any bay, harbor, or inlet of the state, and the boat and flat of any ferry- 
 man, when in either ca.se the same shall not exceed in value two hundred dollars. 
 Every owner of a dwelliughouae in a city, town, or villagr, provided be shall actu- 
 ally reside in said house, ajid provided also tbe same shall not exceed in value three 
 hundred dollars, shall hold the same free from execution, attachment, or distress, ex- 
 cept for violation of the criminal laws, or for tines or taxes. — Passed January 22, 185' 
 
 Mechanics' Lien. 
 
 Mastkr-buii-ders and mechanics of every denomination, in the state of Florida, 
 contracting and engaging ^to put up and erect buildings of every description, or enga- 
 ging to perform jobs of work on any such buildings, .-iiall have a lien on all such build- 
 ings HS ihcy may put up or erect or work upon, until the compensation for services shall 
 De fully paid and eatistied, to the amount agreed upon between the contracting parties. 
 
 They shall enforce the lien only in the following cases, viz. : 1. Where the contract 
 •hall be reduced to writing and signed by tbe parties making tbe same. 2. Where 
 
SPECIAL LAWS OF fLOJtIDA. 261 
 
 ne Bmonnt shall be liquidated between the contracting parties, and a net balance 
 be struck between the persona contracting to perform as aforesaid, or providf 
 matorinla. 
 
 All contracts entered into, liquidated or net balance struck, shall be recordeA 
 in the clerk's office of the circuit court, for the county where such contract shall 
 be required to be executed, within thirty days after their execution. 
 
 Artiffans, builders, aud mechanics, and those who furnish materials for build- 
 ings under contract with the proprietor thereof, aud all sub-contractors, shall have 
 a Hen for such material funushed, and for work and labor done on bouses and 
 nther edifices, by them hereafter erected in whole or in part, each one for hia 
 own work and materials famished. 
 
 Every person wishing to avail himself of the benefits of this act, except sub- 
 contractors, must file with the clerk of the circuit court of the county in whi'^h the 
 building to be charged is situate, and within six mouths after the materials have 
 been furnished or the work and labor performed, a just and true account of the 
 demand due him after all credits, and verify it by his own oath or that of some other 
 person, and also hie at the same time a correct description of the pr^KJrty to be 
 charged with said lien. 
 
 Every sub-contractor shall give notice in writing to the proprietor, of his inten- 
 tion to furnish materials or perform labor on the building, and the probable value 
 thereof, and if afterward (the proprietor or his agent not objectuig), materials are 
 furnished or work done, the sub-contractor shall settle with the contractor in wri- 
 ting, the same signed by the contractor, and certified by him to be just, shall be 
 left with the owner or proprietor, or his agent, and within ten days from the time 
 the materials are furnished or work done, the subcontractor shall file with the 
 ckrk of the circuit court of the county in which the building is situate, a copy 
 j( such settlement which shall be a lien on the building ; and be must also file s 
 >)rrect description of the property to be charged with the lien. 
 
 The land upon which any building shall be erected, together ■with a convenient 
 ipace around the same not exceeding five hundred square feet, clear of the build- 
 iiiiT. shall also be subject to the above liens. 
 
 Siiip-chandlers, storekeepers, and all dealers, mechanics, and workmen, shall 
 fcavo a lien on any ship, vessel, steamboat, or other water craft, for all stores, pro- 
 risions, rigging, or other materials, or labor or services of any kind funiishcd or 
 rendered to, or for the use of such vessel, Sec. ; which lien shall have a preference 
 over all others ; tlie lien to cease if not enforced within twenty days after the aaxae 
 accrued. 
 
 Chattel Mortgages. 
 
 Thkse must be acknowledged and recorded in the county where tlie men- 
 paged property shall be at the time of the execution of the mortgage. 
 
 Law Regulatmg Contracts. 
 
 No action shall be brought whereby to charge any executor or administrator, upon 
 iiy ^p*'r'\H\ promise, to aniwer damages out of his own estate ; or whereby to cburgo 
 t. upon any siM-cial promise, to answer for the deiit, default, or miscar- 
 Imt jjrrson ; to chargo any person, upon any agrerment made upon 
 f marrinpe; or upon any contract for sale of lands, tenements, or hermiit 
 
 rtnm interest in or concerning them, or for any hire thereof, for a 
 
 year ; or upon any ajfreement thnt is not to be performed within 
 
 Irom the making thereof ; unless the ncreenieiit upon which such 
 
 ;lil, or some meniuramium or note thereof, shall be in writing, and 
 
 irty to b« charged therewith, or some other person thereunto by him 
 
 ed. 
 
 the sale of any personal property, or goods, wares, and merchandises 
 Lteba good, except the buyer shall accept part of the goods so sold, 
 ^^ tho aune, or giro something in earnest to bind the bargain or io 
 
262 SPECIAL LAW'S OP FLORIDA. 
 
 part payment, or that some note or memorandum in writing of the baid bargain b*> made 
 aud signed by the parties to be charged by such contract, or their agenta thertuutc 
 lawfully authorized. 
 
 Limitation of Actions. 
 
 Actions for the recovery of real property must be brought within seven years. In 
 case of disability, of infancy, &c., within four years after the removal of such disability. 
 In case of death during disability, tlien within three years thereafter. — Act of Jan. 1848. 
 
 All actions upon the ciise, other than for slander, of account, for trespass, debt, deti- 
 nue and replevin for goods and chattels, and the said actions of trespass quare clausum 
 /regit, must be brousrht within iive years next after the cause of action accrued. 
 
 Actions of assault, Lattery, wounding, and imjwisonment, within three years. 
 
 Actions upon the case for words within one year. Actions founded upon any ac- 
 eount for goods sold and delivered, or for any article charged in any book-account, must 
 be brought within two years trora the delivery of the goods : if the creditors or the 
 debtors die within such two years, then the further time of two years. 
 
 Infants, married women, persons insane, imprisoned, beyond seas, or out of the 
 counci-y, have the same periods rc.?pective.ly after the removal of their disability. 
 
 Actions of account, as concern murchandise between merchant and merchant, actions 
 of debt on speciality, actions of covenant, are not regulated by statute, but governed 
 by the English law prior to 1776. 
 
 Ill suits against administrators on open account, it is the duty of the court to expunge 
 every item due live years before the death of the party. 
 
 No action can be brought on, or scire facias to revive a judgment against an adminlB- 
 trator or executor after five years from the time such administrator or executor qualified. 
 
 If any person, by absconding, concealing himself, or otherwise, prevents bis credit- 
 or from bringing suit within the time above specified, the statute may not be pleaded 
 by such person in bar of any suit brought against him. 
 
 Collection of Debts. 
 
 Attachment. — Attachment may issue upon an affidavit that there is a debt 
 due or to become due within nine months, and that the debtor is actually removing 
 out of the state, or resides beyond the limits, or absconds, or conceals himself, so 
 that ordinary process can not be served upon him, or is removing his property be- 
 yond the limits of the state, or secreting or fraudulently disposing of the same for 
 the purpose of avoiding the payment of his just debts. 
 
 Imprisonment for debt does not exist 
 
 Deeds. 
 
 Conveyances must be made by deed in writing, sealed and delivered in the 
 presence of at least two witnesses. They must be acknowledged before the offi- 
 cer authorized by law to record the same, or before some judicial officer of this 
 state. The officer taking tlie acknowledgment shall know or have satisfactory 
 proof that the person making such acknowledgment is the individual described in 
 and who executed the deed. 
 
 If the acknowledgment is made out of the state, then before the commissioner 
 appointed for that purpose. 
 
 Dower in any lands, tenements, or hereditaments, in this state, may be extin- 
 guished by the wife making herself a party to the conveyance for the purpose of re- 
 linquisliing the same, or she may by a separate relinquishment under her hand and 
 seal, executed in the presence of two witnesses, renounce her right of dower, and 
 in no other way whatever; provided, such relinquishment or renunciation shall 
 not in either case be valid against or binding upon the wife executing the same or 
 any person or persons claiming through or under her, unless it be accompanied by 
 an acknowledgment under the hand and seal of the wife taken and made, separ- 
 ately and apart from her husband, before some judicial officer of this state, when 
 \t phall have bf 3n made therein, that the said relinquidmient and renunciation of 
 
 22 
 
SPECIAL LAWS OF FLORIDA. 263 
 
 dower Is made freely and volantBiily, and without any compulsion, constraint, 
 apprehension, or fear, of or from the husband of the party making the said relin- 
 qatshmeut. 
 
 Conveyances to be admitted to record must be acknowledged by the party 
 making it, or proved by one of the subeoribing witnesses. They must be record- 
 ed by the recording officer in the county wliere the lands lie. 
 
 Rights of Married Women. 
 
 HEN any female, . a citizen of this state, shall marry, or when any female 
 
 all niarrj' fl citizen of this state, the female being seized or possessed of real or 
 personal property, her title to the same shall continue separate, independent, and 
 beyond the control of her husband, notwithstanding her coverture, and shall not 
 be taken in execution (or his delits. 
 
 Married women may hereafter become seized or possessed of real and personal 
 projK.-rty during coverture, by be<iuest, demise, gift, purchase, or distribution. 
 
 The husband and wife shall join in all sales, transfer.-?, and conveyances of the 
 property of the wife, and the real estate of the wife shall only he conveyed by 
 the joint deed of the husband and wife, duly attested, authenticated, and admitted 
 to record. 
 
 The husband shall not be held or deemed liable to pay the debts of hia wife 
 contracted prior to any marriage hereafter (184.')) to be solemnized in this i^ate ; 
 but the property of the wife shall be subject to such debt. 
 
 If marriod women die in this state possessed of real and personal property, or 
 of eitl»er species cf property, the husband shall take the same interest in her said 
 property, and no otlier, which a child would take and inherit ; and if the wife 
 slKiuId die witliout children, then the surviving husband shall be entitled to ad- 
 ministration, and to all her property, both real and personal. 
 
 All tlie property, real and pcr?onal, which shall belong to the wife at the time 
 of her niarria;;e. or which she may acquire in any of the modes hereinbefore men- 
 tioned, shall be inventoried and re<,'on!e(l in the circuit court, or clerk's office of the 
 county ill which such property is situate, within six months after such marriage, 
 or after aai<i profferty shall he acquired by her at the peril of becoming liable for 
 ber husband's debts ; but any omission to make such inventory and record shall 
 confer no rights upon ber husband. 
 
 DowKR. — A widow ia entitled to a life estate in one third of her hu.qband a 
 real estate. In his personal estate, if there be no child or only one child, the 
 widow takes one half of it absolutely. If more than one child she takes one 
 third absolutely, except in slaves in which she takes a life estate. A widow 
 may elect to take dower or a child's part, if she takes dower she has only a life 
 estate in the real property ; if she talses a child's part she has a fee-simple title 
 to real property and absolute title to perHonal property including slaves.. 
 
 Rate of Interest. 
 
 Tmk rate of interest is eight per rent by agreement; if no rate be specified, 
 then tix per cent Usury is punLihable by indictment and loss of entire interest. 
 
 WiUs. 
 
 Wilts mast be in writing, signed by the testator or by some other person fn 
 his i,n»"enrp, and by hi« express direefions, and shnll be attested and snhscriboJ 
 •n tJie presence of die testator by iHKKt: or more witnesses. 
 
264 
 

 •idi 
 
266 SPECIAL LAWS OF ALABAMA. 
 
 ALABAMA. 
 
 Constitution adopted, 1819.— Square Miles, 50,722. — Population in 1850, 771,650. 
 
 Household and Homestead Exemption. 
 
 Thk following property may be permanently retained for 
 the use of every family in the state, exempt fiom l»>vy and 
 sale by any logn] process ; 1. Householri and Ititchon furni- 
 ture of the value of one hundrt^d and fifty dollars, to be se- 
 lected by the head of the family, the value thereof to bo 
 asses.sed by three disinterested persons, to be selected by the 
 sheriff. 2. All books not kept for sale, all family portraits, 
 one gun, one loom, two spinning v^heeis, one man's and ono 
 woman's saddle. 3. Three cows and calves, twenty head of 
 sheep, twenty hf^ad of hogs, five hundred pounds of meat, 
 one thousand pounds of fodder, twenty-five bushels of wheat, 
 all the meal at any time on hand not kept for sale, one work- 
 horse or mule, or one pair of oxen, one horse or ox-cart, all tools or implements of any 
 mechanical trade not kept for sale, not to exceed two hundred dollars in value, two 
 ploughs and plough-gear, and two hoes. 4. Such real property as may be selected by 
 the head of the family, to include the homestead, not to exceed forty acres, and in value 
 not exceeding five hundred dollars. Also one hundred bushels corn } all necessary and 
 proper wearing-apparel of each and every member of such family, not exceeding fifty 
 dollars for each member ; thirty pounds of wool or wool-rolls ; one hundred pounds of 
 ginned cotton, or four hundred pounds of seed cotton ; all cloth on hand at any one 
 time not made or kept for sale ; one thousand pounds of oats in the sheaf; twenty-fire 
 bushels of potatoes ; and, where any head of a family ha^ not of property now exempt 
 by law from execution more than five hundred dollars in value, the salary or wages of 
 said head of the family, to the amount of fifteen dollars per month, shall not be subject 
 to any legal process. 
 
 Mechanics' Lien. 
 
 Mrchan:cs and builders have a prior lien upon the tract, parcel, or lot of land, on 
 which buildings are erected by them, and on the buildings so erected, for the price 
 agreed on, or compensation to be paid, and materials used in the construction thereof, 
 unless surety be given to such builders for the performance of the contract or an 
 agreement be made in writing waving the lien. The lien is created upon the following 
 conditions : 1. The contract for the erection of the building must be in writing and do- 
 scribe, with sufficient certainty to identify it, the tract, lot, or parcel of land, on which 
 the building is to be erected ; it must state the price or compensation to bo paid, bo 
 signed by the parties, or their agents, and be registered in the office of the judge of pro- 
 bate of the county in which the lands lie, within sixty days after the date thereof. 2. 
 The lien is subordinate to any existing mortgage, deed of trust, or other legal incuin- 
 brance, which, if required by law to be recorded, is registered according to law, 3. 
 The owner of the land may at any time relieve the land from the lien, by giving the 
 builder good and sufficient surety for the payment of the price, or compensation agreed 
 to. 4. A change or modification of the contract does not affect the lien. 
 
 The lien hereby created, is effectual against the title or estate of the party contracting 
 for the erection of buildings on the lands, at the time the contract was made ; whether 
 it be a freehold or less estate, and whether it be legal or equitable. 
 
 The lien may be enforced in equity; or if the builder obtain a judgment at law, ho 
 may, by execution, expose to sale the land and the buildings erected thereon, if the 
 title is such as can be sold by execution at law, but is not to be precluded from levying 
 his execution upon any other property of such contracting party. 
 
 No lien under the provisions of this act can be enforced, unless proceedings to en- 
 force the same in equity, or an action at law upon the contract, is commenced within 
 ninety days after the completion of the work or supply of materials. 
 
 Limitations of Actions. 
 
 Actions, by the t^te against a citizen, or on a judgment or decree, must bo con> 
 mcnced within twenty years. 
 
SPECIAL LAWS OF ALABAMA. 267 
 
 On cotitrncta under seal, real actions, and against officers for official misconduct, with 
 in ten years. 
 
 A<tiun on detinue : tref>pHBs to property ; written promises not under seal ; on stated 
 Bceouiit; fiir rent due on parol d« inise ; ust; and occupation, &c. ; ajjainst sureties of 
 officers, guardians, exixutors or. administrators ; against attorneys failing to pay over 
 money on justices' judgments, and other contracts not specified, within six years. 
 
 On equities of redemption, by any one not a party to the mortgage, &c., within five 
 years. 
 
 Against sureties on official or replevin bonds in other states, within four years. 
 
 On open accounta, computing from last item, and suits for dower within three years. 
 
 For Bjisault and battery, fa»*e imprisonment, malicious prosecution, crim. con., seduc- 
 tion, bnach of marriRgo promise, qui-tam actions, penalties, slander, ]ib.»l, attachment 
 of steamboat, or for injury to persons or rights not specified, within one year. 
 
 Chattel Mortgages. 
 
 CoNVKYANCKS of personal property, to receive debts or to provide indemnity, must 
 be recorded in the county in which the ernntor le.^ides, and also in the county where 
 the property is, at the date of the conveyance ; and if before the lien is satisfied the 
 property is removed to another county, the conveyance must be affiiin recorded within 
 six months from such removal, in the county to which it is removed. ' 
 
 Whenever any personal property is subject to any lien, incuml)rBnce, mortfra<'e or 
 trust, for thp security of debts, at the time of its removal to this stat.-, the writing evi- 
 .len.ing the lien, incumbrance, raort:;agf , or trust, must l)e recorded in the county into 
 which it is brought, and remains, within four months of the arrival of such property 
 
 Whenever any person having an estate lor life, or years, in p.r6onal property re- 
 mo vea to this state with such propeity, the conveyance creating such estate must be re- 
 corded In thp county to which it is brought, within twelve months thereafter- and if 
 such property is removed to another county, then in such eoi*i)ty, within four months 
 alter Its removal thereto); or such property munt be tait»n to vest absolutely in such 
 person, as to purchasers and creditors, without notice. 
 
 Things in action arc n«»t considered personal property. 
 
 two 
 
 Law regulating Contracts. 
 
 No contract for the sale of goods, chattels, or things in action, for a price exceedina 
 'o hundred dollars, shall b<- allowed to be good, ui-less the buyer accepts and receives 
 part of such goods and chatteU*. or the evidences, or some of th.m, of such things in 
 HCtion ; or unleH^ the buyer, at the time, pay gome part of the purchase-money 
 
 In tfie (ollowing CBses. everyTgreement is void, unless such acreement. or some- note 
 or memorandum thereof, expresHing the consideration, is in writing, and subscribed by 
 t !*• pafty to !«• charge.! therewith, or some other person by him thereunto lawfullv au- 
 
 thfiii^eil in wrifitiir 1 h'vam u...-a..».„n> ...i.:„u i :»- » ._ ! ... . •' . 
 
 zed in writing. 1. Every agre.>ment which by its ti-rms is not to be performed 
 
 ,. - , ... r7 -. - •- .igs in action, lor a 
 
 prsce cxcee<lintf two hund.ed dollars, unless the buyer accepts amf receives part of 
 su.rh poo.l« and chalteU. or the evidences, or some of them, of such things in action 
 or nniew the buyer, at the lime, pay bome part of Uie purchasc-money. 
 
 Collection of Debts. 
 
 Attachments may isfue : 1. To enforce the collection of a debt, whether it be ,luo 
 or not at the time the attachment is taken out. 2. For any moneyed den. and, the 
 •.mount of which can bt! certi.inly ascerfain.-d. 3. To recover damag. a for a bre.icb of 
 rontr„ct, when the damages are not certain or liquidated. 4. When the action sounds 
 in ofuTiHgen meri'ly. 
 
 I'lH.n an hfKdnvit that the debtor absconds, secretes himself, or resides out of tho 
 
 ' " '" * ' '■■'■' ' >" '» "houl to remove out of the eUite, so that process can not be 
 
 •f about to r. move bis property out of the stute, whereby the plain- 
 ! ' '"■ '^e compelled to sue for it in another state, or that the debtor 
 
 ', , ^ - .. i-uM-d of, or is about fraudulently disponing of, his property or 
 
 that U l.u« i,ioi*.y, proijerty, or effects, liable to satisfy his del.tn. which he frnudulently 
 wUi.holds Mud staUng the amount due, and that atlaclmunt lit not sought for the pur- 
 
2QQ SPECIAL LAWS OF ALABAMA. 
 
 pose of vexing or hniRSsing the debtor, and upon the plnintifTs executing bond to the 
 defendant in double the amount sworn to be due, nn attachment may issue against his 
 property, real and personBl. Attachments, ancillary to suits pending, may be sued out 
 on the same grounds as original attachments. „ . , . • ^-^ »• e 
 
 Judgments^are usually obtained at the second term of the court after the mstitiition ot 
 suit and cr.>ate a lien on real estate, throughout the state, from the date of rendition. 
 
 Executions bind personal property, in any county within the state, upon their delivery 
 to the sheriff thereof. „ »ju i 
 
 One year is the shortest time in which money can be collected by law. „ , .^ 
 
 Arkest— A person can be arrested for debt only when the plaintiff makes affidavit 
 that the debtor is about to abscond, or has or is about fraudulently to convey his prop- 
 erty or has money or effects which he fraudulently withholds, or that the debt was con- 
 tracted bv fraud. But the debtor may discharge himself from arrest by making oath 
 that the jriound upon which he is arrested is untrue, and that he has nothing with which 
 to pay the debt, or by rendering a schedule of all his property of every kind, and ma- 
 king oatb that he has not property to the amount of twenty dollars, except that rendered 
 in the schedule, and such property as is exempt by law from execution, and that he has 
 not disposed of any property to secure the same to his own use, or to delraud his credi- 
 
 The plaintiff may controvert the truth of the oath of the debtor. . ,. ^, ^ . 
 A person convicted of rendering a false or fraudulent schedule, la liable to imprison- 
 ment for one year. 
 
 Deeds. 
 
 No witness is necessary where the maker of the deed signs and acknowledges the 
 eame before an officer authorized to take acknowledgments, and a scrawl of the pen 
 may be used instead of a seal. Instruments importing on their face to be sealed shall 
 be deemed sealed instruments, whether the scrawl be added or not. Deeds must be 
 acknowledged or proved according to law before they can be properly recorded. 
 
 Acknowledgments and proofs of conveyances may be taken by the fo lowing officers 
 within this state : judges of the supreme and circuit courts, and their clerks ; chancel- 
 lors • judges of the courts of probate ; justices of the peace ; and notaries public. 
 
 Acknowledgments and proofs of conveyances may be taken within the United States, 
 and beyond the state of Alabama, by judges and clerks of any federal court, Ju-^ps o^ 
 anv court of record in any state, notaries public, or commissioners appointed l.y the 
 governor of this state ; beyond the limits of the United States, such acknowledgments 
 and proofs may be taken by the judge of any court of record, mayor, or chiet-magis- 
 trate of any city, town, borough, or countjj, notaries public, or by any diplomatic, con- 
 sular, or commercial agent of the United States , • , ^ ., . .,.„. 
 
 The wife of the grantor joining with him m the deedfneed not necessarily be private 
 Iv examined All conveyances should be immediately recorded, and in this state they 
 iiuist be recorded in the county in which said property is situated, withm six months, 
 or they will be void against a subsequent bonafide purchaser or mortgagee without notice. 
 When a married woman joins her husband in the execution of a deod in the presence 
 of two er more witnesses, or acknowledges the execution of the deed before a compe- 
 tent officer, the same operates as an absolute bar to her right ot dower in the land con- 
 veyed, and in such case no private examination is necessary. 
 
 The following is the form of acknowledgment to be used in this state, on conveyances 
 of every description admitted to record : — 
 The State of Alabama, ? 
 
 Mobile County, 5 **• , . • j 
 
 I [name and style of the officer] hereby certify that John Jones, whose name is signed 
 to the foregoing conveyance, and who is known to me, acknowledged before me, on 
 this day, that being informed of the contents of the conveyance, he executed the same 
 voluntarily, on the day the same bears date. ■, . , ^ . j i 
 
 Given under my hand, this Jirst day of November, A. D. one thousand eight hundred 
 ^uA fifty-five. lS^al-1 Signed, ^. J3. 
 
 The form of a probate of a conveyance is as follows :— 
 The State of Alabama, \ 
 
 Mobile ConnXy, y"' ^ „ t. •,.• 
 
 1 {name and style of the officer] hereby certify that Peter Smith, a subscribmg wit- 
 ness to the for(-going conveyance, known to me, appeared before me this day, and be- 
 ing sworn, stated that John Jones, the grantor in the conveyance, voluntarily executed 
 the same in bis presence, and in the presence of the other subscribing witness, on the 
 dav the same bears date ; that he attested the same in the presence of the grantor, and 
 
SPECIAL LAWS OF ALABAMA. 209 
 
 of the other witness, and that euch other witness subscribed his name as a witness in 
 his presence. 
 
 Given under my hand, this seventh day of ■November. A. D. one thousand eight hundred 
 attd fifty-five, Signed, [Seal.] A, B. 
 
 Rights of Married Women. 
 
 AtL the property which a woman has at the time of her marriapre, and all that she 
 acquires thereafter, is estf-emed in law as her separnte estate, notwithstanding her cov- 
 erture, and the husband acquires no right to the property by marriage. The property 
 voft* in the husband as trustee of the wife, the husband controlling the property, with- 
 out liahility to account to the wife for the proceeds. The property can not be taken by 
 legal proo'ss for the husband's debts. If any part of the property be sold, it must be 
 conveyed jointly, and attested by two competent witnesses. The husband and wife 
 are jointly liable and suable at law for all necessary family supplies. 
 
 DowEa. — 1. When the husband dies, leaving no lineal descendants, and his estate not 
 in8olv<>nt, his widow is entitled to be endowed of one half his lands. 2. If in such case 
 his estate is insolvent, to one third part thereof 3. When there are lineal descendants, 
 then to one third part thereof, whether the estate be insolvent or not. 
 
 The widow may dissent from or waive provision in a will, and claim her dower, at 
 any tjme within on<' year after the probate of the will. The widow may retain tho 
 dwi;Iling-housc, plantation, ice, free of rent, until her dower is assigned her. 
 
 Rate of Interest. 
 
 The \ogn\ rate of interest is eight per cent In usurious contracts, the principal, with* 
 out any interest, may be recoverei/. 
 
 WiUs. 
 
 Evert person twenty-one years of age, and of sound mird, may dispose of lands by 
 will. Wills must be nigned by Ihe testator, or by some one in his presence and at hia 
 request and attested by two or more witnesses subscribing their names thereto in liis 
 presince. Nuncupative wills may be established when the testator in his last illness 
 C'dls on persons to take notice that such is his will; but they can not bequeath more 
 than tive hundred duUurs in value. 
 
 23^ 
 
27 U 
 
i,*J 
 
 
 ^^^§^^i^^^^w^^^^^^ 
 
 271 
 
272 SPECIAL LAWS OF MISSISSIPPI. 
 
 MISSISSIPPI. 
 
 Constilntion adopted, 1832— Square Miles, 47,151,— Population in 1850, 600,000. 
 
 Exemptions. 
 
 r ' ' ^ There is exempted in this state from levy and sa?e 
 
 on execution, the agricultural implements of a farmer 
 necessary for one male laborer; the tools of a mechanic 
 necessary for cairying on bis trade : tbe books of a stu- 
 dent necessary for the completion of hia education ; the 
 libraries of ministers of the gospel, together with such 
 globes, maps^and books, as are used by teachers of pub- 
 lic schools, academies, or colleges ; the wearing apparel 
 of each and every person; one hundred bushels of corn," 
 twenty bushels of wheat, and eight hundred pounds of 
 pork or bacon; one plough-horse, provided the value 
 
 thereof do not exceed one hundred dollars; and one cow and calf of every Iwase- 
 
 keeper; and the arms and accoutrements of each person of the enrolled militia 
 
 of the state. 
 
 Goods on leasehold premises are not liable to execution until the rent in ar- 
 
 rear, not to exceed one year, is tendered. 
 
 Homestead Exemption. 
 
 EvKRT free white citizen, male or female, being the head of a family, shall be 
 entitled to own, hold, and possess, free and exempt from sale by virtue of any 
 judgment, order, or decree, of any court of law or equity in the state, founded on 
 any contract made after tbe passage of this act, or any process emanating from 
 the same, one hundred and sixty acres of land ; provided, the same or any part 
 thereof shall not be the site of nny city, town, or village. 
 
 When any head of a family shall own a greater quantity of land than one 
 quarter-section, the one hundred and sixty acres exempt from sale shall be so 
 reserved as to include the dwelling-house and improvements of the owner, if 
 there be any thereon ; and in case such bead of a family shall be the owner of 
 more than oi>e hundred and sixty acres of land in several tracts, he or she shall 
 designate in writing to the sheriflf; or other officer, in whose hands the process 
 directing a sale may be, which tract or tracts he or she wishes to reserve from 
 Bale, and it shall not be lawful for such sheriff or other oflScer to sell the tract so 
 designated. 
 
 Every head of a family who shall reside in any city,. town, or village, in the 
 state, shall be entitled to own, hold, and possess, free from sale as aforesaid, 
 lands within such city, town, or village, of the value of fifteen hundred dollars, 
 exclusive <vf buildings and improvements thereon, which value shall be asce**- 
 tained by tlie cash valuation of three discreet, disintererested freeholders of the 
 county, under oath, to be summoned for that purpose by the sheriff or other 
 officer. 
 
 In case any head of a family residing in any city, town, or village, shall own 
 but one lot or parcel of larwl tiierein, and the whole lot, exclusive of the build- 
 ing.s. shall be of a greater value than fifteen hundred dollars, to be ascertained as 
 aforesaid, it shall be the duty of the sheriff or other officer to sell the portion 
 thereof above tbe value of fifteen hundred dollars, if the same can be conveniently 
 divided, or so much of said portion as will be sufficient to satisfy the process of 
 sale in his hands ; and in case the same can not be divided, the owner thereof • 
 may pay to the sheriff or other officer the surplus of valuation above fifteen hun- 
 dred dollars toward the satisfaction of the judgment, order, or decree, and tbe 
 
SPECIAL LAWS OF MISSISSIPPL 273 
 
 sale of the same ehall not be n^^de ; and in thte event of the inability of tlie owner 
 to make payment of such surplus, the sheriff or other officer shall sell his or her 
 interest in said lot, above the sum of fifteen hundred dollars, and the purchaser 
 shall become tenant in common w ith him or her to the extent of such surplus, ac- 
 cording to the valuation made as hereinbefore directed, and «hall receive from the 
 sheriff a deed to that effect. 
 
 When any head of a family shall own more than one lot or parcel of land in 
 any city, town, or village, which together shall be of greater value than tifteen 
 hundred dollars, exclusive of improvements he or she shall designate to the 
 Bheriffor other oflBcer, ns is provided in section second, which lot or parcel he 
 or she desires to reserve, and it shall not be lawful for such sheriff or other ofiScer 
 to sell Hic lot or parcel so designated ; provi'led, the same shall not exceed in 
 value, exclusive ot improvements, the sum of hfteen hundred dollars. 
 
 Mechanics' Lien. 
 
 , In all cases hereafter, where any contract shnll be made between any propri- 
 etor or proprietors, leasor or leasers, of any tract of land or town lots on the one 
 port, and any other person or persons on the other part, for the erection or repair- 
 ing of any house or other building, mill, or machinery, bridges, or any description 
 of mechanical work whatsoever, or their appurtenances, or for furnishing labor 
 or mnlcrials for the purpose aforesaid, and every other person who may have 
 furnished materials which may have been used in the construction of such house, 
 building, mill, machinery, bridge, or other mechanical work, whether by special 
 agreement or otherwise, the person or persons who shall, in pursuance of such con- 
 tract, have furnished labor or materials for such purpose aforesaid, or who shall 
 have furnished such materials as aforesaid, shall, respectively, have_a lien to se- 
 cure payment of the same, upon the buildings and materials aforesaid ; and said 
 building and materials aforesaid shall not be subject to any other lien whatever, 
 until the aforesaid lien shall have been cancelled according to the provisions of 
 this act. In the event of there being no other lien in existence, or such lots or 
 parcels of ground, or upon the term of any leasor at the time of making such con- 
 tract for such buildiiigs aforesaid, then, and in that case, the said lot or parcel of 
 ground or the term of said leasor to be subject to the payment of said contract as 
 in the case of the house, building, mill, or machinery, bridge, or other mechanical 
 work, erected or constructed thereon. 
 
 Prockkdings to esfokck the Lif.i*. — When any person or persons shnll 
 wiah to avail themselves of the provisions of such lien, he, ahe, or they, shall 
 commence his, her, or their action, in any onnrt having jurisdiction of the same, 
 or shall hav« the contract upon which such lien is founded recorded in the office 
 of the clerk of the probate court within twelve months from the time payment 
 ahonld have been made by virtue of such contract by which lien shall have been 
 claimed : and if such suit lie commenced in the circuit court, it shall be by bill 
 or petition, describing with common certainty, the property upon which said 
 lien is intended to operate, and also the nature of the contract or indebtedness, 
 which bill or petition shall be filed in the circuit court clerk's office of the proper 
 county, and d<»cketcd on the common law appearance-docket, the court trying 
 such causes shall be governed by the same rules of evidence that are now ob- 
 served in suits at law, and give judgment according to the justice of the cflse. 
 The cl*»rk of the court, when judtrment hns been under the provisions of this act, 
 on application, shall issue a special execution, directed to the sheriff of the profier 
 county, d»-Brribii»g tl)e projierty upon which auch lien is made t<i operate, and 
 out of which said judirment and all costs are to be collected ; and under such ex- 
 ecution sHJd sJipfiff »hnll proceed to sell said property, or so much thereof as will 
 aatitfv th*" juclKmfnt nnd ccmtH afitresaid, according to law in that case made and 
 providi-d ; pmrtdrd, that in all cases when there are more than one execution, 
 tlie procei-ds of such sale, if not suffirient to satisfy all, shnll Iks arranged, and nn 
 •mount proportionate to their s«>veral demands paid thereon. When any sum or 
 Kunt dae tkoy i>eraon or peraona aforesaid for work or labor dooe, or materials 
 
274 SPECIAL LAWS OF MISSISSIPPL 
 
 fumislied, shall be of sach an amount ns to come within the jurisdiction ofa jus- 
 tice of the peace, he shall have jurisdiction tlierenn in accordance with the pro- 
 visions of this act; provided, tlint said contract shall be filed in his office, and pro- 
 cess directed thereon to any constable of the proper county, and have the sanae 
 effect as process issued upon a judgment rendered in the circuit court under ti.is 
 act; and provided, also, t\-\B.l e'lthev oi ihc parties shall have the same right to 
 appeal that is, or may hereafter be, allowed from judgments of justices ot the 
 peace in other cases. 
 
 Chattel Mortgages. 
 
 Mortgages of chattels must be acknowledged and recorded in the court of 
 the county where tlie property is situate, within three months after the execution 
 thereof; and if removed to another county, must be recorded in that county 
 wit^iin twelve months after such removal. 
 
 Law regulating Contracts. 
 
 No action shall be brought whereby to charge any executor or administrator, 
 upon any special promise, to answer any debt or damages out of his own estate ; 
 or whereby to charge the defendant, upon any special promise, to answer for^the 
 debt, default, or miscarriage, of another person ; or to charge any person upon 
 any agreement made upon consideration of marriage; or upon any contract for 
 the sale of lands, tenements, or hereditaments, or the making any lease thereof 
 for a longer term than one year ; or upon any agreement which is not to be per- 
 formed within the space of one year from the making thereof, unless the promise 
 or agreement upon which such action shall be brought, or some memorandum 
 or note thereof, shall be in writing, and signed by the party to be charged there- 
 with, or some other person by him or her thereunto lawfully authorized. 
 
 Limitation of Actions. 
 
 Possessory, ancestral, mixed, or other actions, for any lands, tenements, he- 
 reditaments, or lease for a term of years, must be commenced within ten years 
 from the time the right or title thereto, or cause of such action accrued. 
 
 All actions of trespass 9?iCTre clansum fregit, all actions of trespass, detinue, and 
 trover, for taking any goods and chattels, actions of debts founded upon nny con- 
 tract not under seal, ov for arrearages of rent due on parol demise, and all actions 
 upon the case, and of nccount for the recovery of money, except actions on prom- 
 issory note.s, aiid except as between merchant and merchant, their factors, agents, 
 and servants, shall be commenced within three years. 
 
 Actions on promissory notes, and bills of exchange, shall be commenced and 
 prosecuted within six years after the right of action shall have accrued. 
 
 And actions between merchant and merchant, founded on account, shall be 
 commenced within four years after the right of action shall have accrued. 
 
 All actions or trespas^^'for assault, menace, battery, maiming, and imprisonment, 
 or any of them, and every action upon the case, for slanderous words, or libellous 
 publications, shall be commenced within one year after the cause of action shall 
 have accrued. , ,■ 
 
 All actions founded upon any account for goods, wares, merchandise, sold and 
 delivered, for work and labor done, and for money had and received, for money 
 lent and advanced, laid out an.l expended, and upon an account stated, shall be 
 commenced and prosecuted within three years next after the cause of action shall 
 have accrued. for the delivery of such goods and merchandise, and not after, except, 
 that in case of the death of the creditor or debtor before the expiration of the said 
 term of three years, the further time of one year from the death of such creditor or 
 debtor shall be allowed for the commencement of any such suit or action ; and in 
 
SPECIAL LAWS OF MISSISSIPPI. 275 
 
 the cases of notions on Accounts of good p, wares, and merchnndise. sold nnd deliv- 
 ered, or lor work and labor done, the before-mentioned limitation shall coumionce 
 from the tin7e or date of dt•h^rery of the last item of such account. 
 
 No record of ^ny judgment recovered in any court of record without the liinits 
 of this state, aeainst any person who was at the time of the commencement of the 
 suit on which said judgment is founded, or at the time of the rendition of said 
 judgment, a citizen of this state, shall be received in any court of this state ns evi- 
 dence to chain such citizen with liability after the expiration of three years from 
 tlie time of the rendition of such judgment without the limits of this state. 
 
 Collection of Debts. 
 
 Attachmknt. — If any creditor shall make complaint, on oath or affirmation, to 
 any judge of the supreme court, or justice of the peace of any county, that his 
 debtor has removed or is removing out of the state, or so absconds or privily con- 
 ceals himself that process can not be sei-ved on him, and state the amount of his 
 demand, an attachment shall be granted. 
 
 A bond must be given by the plaintiff to secure the payment of costs and dam- 
 ages thnt the defendant may recover against him. 
 
 Imprisonment for debt is abolished. 
 
 Deeds. 
 
 It is necessary, to the due execution of a deed, that a seal be used, and that 
 it be attested by two subscribing witnesses. 
 
 A deed must be acknowledged by the party or parties who shall have execn 
 ted it, or proved by one or more of the subscribing witnesses, that such party or 
 parties signed, scaled, and delivered the same, as his, her, or their voluntary act 
 and deed, before a judge of the supreme court or chancellor or vice-chancellor 
 of this state ; or a justice of the county court, justice of the peace, notary public, 
 or member of the board of police, of that county in which the lands or some 
 part thereof are situate, and a certificate of such acknowledgment written upon 
 or under tlie said deed, and signed by the officer before whom it was made, and 
 recorded with the clerk of the county court where the land is situate, within 
 three months after the sealing and delivery of it. 
 
 A married woman must acknowledge, on a private examination, apart from her 
 liusband, that she sijjned, sealed, and delivered the same as her voluntary act 
 and deed, freely, without any fear, threats, or conipulsion, of her husband ; and a 
 certificate therei)?' nin.st b^ written on or under the deed- 
 In other parts ol the Union acknowledgment must be made before and certified 
 by the chief justice of the United States, or an associate justice of the supreme 
 court of the United States, or a district judge of the same, or any judge or ju.slice 
 of the supreme or suijerior court of any stale or territory in the Union. 
 
 In a foreign country, they may may be acknowledged before any court of low, 
 mayor, or other chief^magistrate, of any city, borougli. or corporation, of the said 
 foreign countrj*, certified as such acts are usually, and authenticated by him or 
 them. • 
 
 Form of Acknotvhdgnient, 
 
 State of Migpi»>sipj>j, ) 
 
 Cliiiborne County. \ 
 
 Personally appeared before me, John ,lvsrg,jud«re of (he snprrme coutf, the 
 aljove-named John D'jit, ^lio acknowledged that he signed, sealed, and deliv- 
 ered the foregoing deed, on the day and year therein mentioned, as hia voluntary 
 act and deed. 
 
 Given nnder my hand and seal, thif UTitk day of December, A. D. one thoo- 
 ■and eight hundred and fijlyjire. 
 
 (Sealj JOHN JONES, Judge of the Supreme Court. 
 
276 SPECIAL LAWS OF IVllSSISSIPPL 
 
 Rights of Married Women. 
 
 ,A MARRIED woman may become seized or possessed of property, real or per- 
 w)iial, by direct bequest, gift, or purchase, or distribation, in her own name, and 
 ns of her own property, provided the same does not come from her husband after 
 laarriage. 
 
 The slaves owned before marriage, and their natural increase, continue her 
 separate property, exempt from any liability for the debts or contracis of her hue- 
 band ; also those she may acquire by conveyance, gift, inheritance, diBtribution, 
 or otherwise, after marriage, and their natural increase. 
 
 The property of a married woman can only be sold by the joint deed of the 
 husband and wife, executed with the same fi>rmalitie8 that are described under 
 the head of deeds. A schedule of the real and personal property must be recorded 
 in the clerk's office of the probate court in which such property "is situated, within 
 three months after its acquisition. 
 
 DoWKB. — The widow is entitled for life to one third of all the lands, tene- 
 ments, and hereditaments, of which her husband died seized and p<)s.«e8sed, or 
 had before conveyed, whereof said widow had not relinquished her right of 
 dower, as piovided for by law. 
 
 Interest. 
 
 The rate of interest is eight per cent, for the hcmnf.de use of money ; six per 
 cent, upon other contracts; and any rate not exceeding ten per cent, by agree- 
 ment in writing. Simple interest only can be recovered where a greater rate 
 than is allowed by law is stipulated. 
 
 Wills. 
 
 Wills should be in writing, subscribed by the testator, and attested by three 
 credible witnesses. If the will is wholly written by the testator, and subscribed 
 by him, it need not be attested by any witness. 
 
erEClAL LAWS OF LOUISIANA. 277 
 
 LOUISIANA. 
 
 CcnetitTJtion adopted, 1852.— Square Miles, 4fi,431.— Population in 1850 517,762. 
 
 Exemptions. 
 
 The sheriff can not seize the linen and clothes belon^ng to 
 the debtor or his wife, nor his bed, nor those of his family, nor 
 his ann^.and military accoutrements, nor the tools and instra- 
 menis necessary for the exercise of the trade or profession by 
 which he gains a living. Nor can he seize the agriculturiU 
 Implements and workmg-cattle, separately from the land to 
 which they are attached ; nor the rights of personal 8ervitud»\ 
 of use and habitation; of usufruct to the estate of a minor child 
 the income of dotal property 
 
 Mechanics' Liea 
 
 The undertaker [contractor] has a privilege \]\en] for the 
 payment of his labor, on the building or other work which he 
 
 may have consimcfed. Workmen employed immediately by the owner in the construction or 
 
 I privilege. Workme 
 rials, who have coiiiracted with the undertaker, have no action against the owner who haj 
 
 rep'hir of any building, have the same privilege. Workmen and persons funiishing mato- 
 
 paid him. If the undertaker be not paid, they may cause the moneys due him to be seized, 
 and they are of riifhi subrosfated to his privilege. 
 
 The payments which the proprietor may have made in anticipation to the undertaker, aro 
 considered, with regard to workmen and to those who furnish materials, as not having been 
 made, and do not prevent thera from ezercisiug the right granted them by the preceding 
 article. 
 
 No agreement or undertaking for work exceeding five hundred dollars, which has not 
 been reduced to writing, and registered with the recorder of mortgages, shall enjoy the 
 privilege above granted. For those not amounting to five hundred dollars, this formality is 
 dispensed with; but the privilege granted to them is limited to six months, reckoning from 
 liie day when the work iiTcompleted. Workmen employed in the construction or repair of 
 ships or boats enjoy the privilege established above, without lieing bound to reduce their 
 contracts to wriimg, whatever may be their amount; but this privilege ceases if they have 
 allowed the ship or boat to depart without exercising thoir right. 
 
 Ar< Ijitfcts, contractors, masons, and other workmen; those who have supplied the owner 
 
 - for the construction or repair of his buildings or other works; those who 
 
 I, in tliK manner provided by the police regulations, to make or put in repair 
 
 Iges, canals, and roads, of a proprietor, preserve their privileges only in so 
 
 1... ... ... ..a.o recorded with the register of mortgages the act containing the bargains 
 
 Utey have made, or the amount or acknowledgment of what Is due to them, in all cases 
 where the amount of the account or acknowledgment exceeds the sum of five hundred 
 doUars 
 
 Limitation of Actions. 
 
 *Immovkabl»:s [real estate] are prescribed for by [limited to] tenyears when the possessor 
 has oeen in good faith, and held by a just title during that time. I'ne same species of prop- 
 erty is pr»*scribed frir by thirty years, without any title on the part of the possessor, or 
 whether he be in good faith or not. The property of slaves is acquired in five years, where 
 tlie possessor haa a title, and holds in good faith. To acquire the property of immoveables 
 and ulavea, the following conditions must concur: 1. Good faith on tne part of the posse** 
 r,..r > A ''>•• which shall be legal and sufiicient to transfer the property. 3. Possession 
 ;•• required by law. which possession must be accompanied by the incidents 
 
 red. ♦. And finally*, an object^ which may be acquired by prescription. 
 !i»a possessed in good faith ana by a Just title, as proprietor, a moveable [per- 
 »i>niil) Hunt', during three successive years without interruption, be shall acquire the prop- 
 •Ttv of it l>y prescription, unless the Ihmg were stolen or lost. 
 
 Tho Bciions of masters and instructors in the arts and sciences, tor lessons which they 
 give by the month; inn-kuepers and such others, on accoffht of lodging and l>oard ; retai'»'s 
 of provisions and liquors; workmen, laborers, and servants, for the payment of tfi'-ir 
 wages ; for the payment of the freight of vessels, the wages of the officers, sailors.. and 
 others of the crew ; for tho supply of wood and other things necessary for the construction, 
 ■xiuipmect, and provisioning of vessels— are prescribed by one year. 
 
 • SI ivri ill I.oui.inna Br* r«al nute, ••r ii* tha CnAt ei|>r«i<nei it, " iiumoveBblct bjr ilantlnation of law.'' 
 
 24 
 
278 
 
 IjCZTow. TidsC firont 
 
^ oJi:^ , euTJS D-P? e^^ 
 
 A S 
 
280 SPECIAL LAWS OP LOUISIANA. 
 
 The actions for Injurious words, verbal or written ; for damag^es cansed by Blaves or 
 animals ; that which a possessor may institute, to have himself maintained or restored to 
 liis possession, when he has been disturbed or evicted ; for the delivery of merchandise or 
 other effects shipped on board of vessels ; for damag^e sustained by merchandise on board 
 of ships, or which may have happened by ships running foul of each other— are prescribed 
 by one year. 
 
 The action for arrearages of rent-charge, annuities, and alimony, or of the tire of move- 
 ables or iininoveables ; for the payment of money lent; for the salaries cf overseei-s, clerks, 
 secretaney. and teachers of the sciences, for lessons by the year or quwter ; of physicians, 
 surgeons, and apothecaries, for visits, operations, and medicines— are p» escribed by Uiree 
 years. 
 
 Actions on bills of exchange, notes payable to order or bearer, except bank-notes: those 
 on all effects negotiable or transferable by endorsem^t or delivery— are prescribed by five 
 
 All actions for immoveable property, or for an entire estate, as a succession, are pre- 
 scribed by thirty years. 
 
 Collection of Debts. 
 
 Arrest.— Since March 28, 1840, no person can be arrested afler tudgment has been ob- 
 tained, in order to compel payment thereof. But the debtor may be arrested before judg- 
 ment, upon an affidavit that he is about to leave the state permanently, without leaving in it 
 Bufficient property to satisfy the judgment which the creditor expects to obtain. 
 
 Women, married or single, can not be arrested, nor can non-residents. 
 
 Attachment. — A creditor may obtain an attachment of the property of his debtor in the 
 following cases : 1. Where such debtor is about leaving permanently the state, without 
 there being a possibility of obtaining or executing judgment against him previous to his 
 deparmre, or where such debtor has already lefl the state, never again to return. 2. When 
 euch debtor resides out of the state. 3. When he conceals himself, to avoid being cited. It 
 may also be attached in the hands of third persons, in order to secure the payment of a debt, 
 whether the amount be liquidated or not, provided the term of payment have arrived, and 
 tlie creditor, his agent or attorney in fact, who prays for the attachment, state expressly and 
 positivelv the amount which he claims. An obligation must be given in favor of the de- 
 fendant for a sum exceeding one half that which he claimed, with the surety of one good 
 and solvent person, residing within the jurisdiction of the court to which the petition is 
 presented, as a security for the payment of suth damages as such defendant may recover 
 against him, in case it should be decided that the attachment was wrongfully obtained. 
 
 If a creditor know or suspect that a third person has in his possession property belonging 
 to his debtor, or that he is indebted to such debtor, he may make such a person a party to 
 the suit, by having him cited, to declare on oath what property belonging to the defendant 
 he has in nis possession, or in what sum he i» iudebted to such defendant, even when the 
 term of payment has not yet arrived. 
 
 Deeds. 
 
 These may be recorded with a notary public, without any proof or authentication- They 
 are termed acts of sale, and are of two kinds, private acts and authentic acts. Private acu 
 
 are those merely under the hands of the parties. Authentic acts are those where the partioe 
 appear before a notary public, who reduces the contract to writing, and signs it, as well as 
 the parties, in the presence of two free male witnesses, who must oe fourteen years of age. 
 
 Rights of Married Womea 
 
 The debts of both husband and wife, contracted before marriage, are chargeable only 
 on their separate and individual property. 
 
 The property which the husband or the wife owns before marriage, or that comes to 
 either by gift, bequest, or inheritance, after marriage, remains the distinct and individual 
 property of the party to whom it belongs. As to all other property, they are partners. 
 
 The wife, even when she is separate in estate from her husband, can not alienate, 
 grant, mortgage, or acquire immoveable property or real estate, either by gratuitous or 
 encumbered title, unless her husband concurs in the act, or yields his consent in writing, 
 or in default of his consent, by authorization of the court. 
 
 The wife can at any time sue for a separation of property, if there be danger— from 
 the mismanagement of her husband, or the disorder of his affairs — of th>» Ions of her 
 dower, of what she brought in marriage, and of what fell to lier during marriage. In 
 case the septffation is granted, she has the administration of all her estate, but can only 
 dispose of and alienate her revenues and moveable property, without her husband's 
 con.?ent. 
 
 ITio wife can not bind herself for or with ber husband for debts contracted by him 
 befai'e or during the marriage. 
 
SPECIAL LAWS OF LOUISIANA. 281 
 
 Thf wife may make her last will without the authority of her husband. 
 
 The surviving wife has the usufruct of the portion coming to her children, until she 
 marri'^a again. 
 
 Wh'»never the widow or minor children of a deceased person shall be left in necessi- 
 tous circumstances, and not possessed in their own right of property to the amount of 
 one tliouriand di)ll«rs, the widow or the legal representative of the children shall be en- 
 titled to demand and n-ceire from the succession of their deceased father or husband a 
 ium which, jidded to thr amount of property owned by them, or either of them, in their 
 own right, will make up the gum of one thousand dollars ; and which said amount shall 
 be paid in preference to all other debts, except those for the vendor's privilece. f>ud 
 expenaes incurred in selling the property. The surviving widow shall have anu i-tiioy 
 the usufruct of the money so received from her deceased husband's succession, di;rmg 
 her widowhood ; afterward to rest in and belong to the children or other descendants 
 ot said deceased. 
 
 Rate of Interest 
 
 Thk legal rate Is five per cent. ; but parties may agree on any sum as high as eight 
 per cent Bank interest \e six per cent The penally for usurious contracts is a for 
 feiture of the entire interest 
 
 Wills. 
 
 Wills are nuncupative or open, mystic or sealed, and olographic. They must all bo 
 In writing, either by the testator htmself, or by some other person under bis direction. 
 
 Nuncupative wills may be made by public acts or by act under pri^e signature. If 
 by public acts, it must Iw received by a notary-public, in the presence of three wit- 
 nesses residing in the place where the will is executed, or of five witnesses not residing 
 in the place. It must be dictated by the testator, and written by the notary as it is dic- 
 tated. It must be rend to the testator in presence of the witnesses, and signed by the 
 testntor. All those formalities nust be fiilfilled at one time, without interruption. It 
 must be signed by the witnesses, or at least by one of them for all, if the others can not 
 writ«. 
 
 If under private signature, it must be written by the testator or by any other person 
 from his dictation, in presence of five witnesses residing in the place where the will is 
 r»'ceived, or of seven witnesses residing out of the place ; or the testator may present 
 thi- paper on which he has written his testament or caused it to be written out of th»ir 
 presence, declaring to them that that paper contains his last will. In either case, the 
 wU! must be read by the testator to the witnesses, or by one of the witnesses to the 
 r»-8t, ill presence of the testator. It must be signed by the testator if he is able, and by 
 the witnesses, or at least by two of them, in case the others know not how to sign, and 
 those of the witnesses who do not know how to sign, must affix their marks. 
 
 Th»* mystic or secret testam»'nt is made in the following manner : The testator must 
 sien the will, whether he has written it himselt or has caused it to be writUin by another. 
 The will, or thf paper serving as its envelope, must be closed and sealed. The testa- 
 tor shall present it thus closed and st-aled to the notary and seven witnesses, or he shall 
 cauBo it to be closed and sealed in lhi>ir presence. Then he shall declare to the notary, 
 In firrffncf of the witnesses, that that paper contains his testament written by himself, 
 '^ "^ iHrection. and signed by him the testator. The notary shall then 
 
 < iperscripiii'n, which shall be written on the will or on the i»he<t 
 
 t ''"£!;' ""'^ ^^"^ "*^* *'^''" ''*' signed by the testator, by the notary, 
 
 nun uv :.,. « iM,. K-i-« Tho«! who know not how or are not able to write, and those 
 whn know nut h<.w or are not able to sign their names, can not make dispositions in 
 the form of th<- mystic will. In all cases the act of superscription must be signed by at 
 
 li'H~i two witnP.HBCS. 
 
 The olograjihie will Is that which is entirely written, dated, and signed, by the hand 
 of ihe t«-si«tiir. It is subject to no other form, and may be made anywhere, even out 
 ' ■ ti' 
 
 •nn* are absohtt<lv incapable of being witnesses to wills : Women 
 iii'do children who have not attained the ni;e of sixteen years corn- 
 el. .1 "iiiinl.. or blind ; pertons whom the criminal laws declare 
 • ons; ari'l hlaves. Neither ran wills be witnessed by 
 I named legatees, under whatsoever tillo it may be. 
 .« arlide, 
 
 21* 
 
 of 
 
2 6 X on.Wcsrfrom 2',4:Was7ii?wwn ^'* 
 
 I ' III I MM— — omT <»ria—— nil 1 I II I ■W 
 
 2«:^ 
 
^/Cm^ll^ 
 
28-1 
 
 SPECIAL LAWS OF TEXAS. 
 
 TEXAS. 
 
 Constitution adopted, 1845.— Square Miles, 250,000.— ropulation in 1850, 187,103 
 
 Exemptions. 
 
 There is exempt from levy and sale on execution, house 
 hold and kitchen furniture, not ejrt;eeding two hundred doilari 
 in value; implements of husbandry not exceeding fifty <i'>) 
 lars in value ; the tools, apparatus, and l)ook8. appenainin;,' to 
 the trade or prxjfession of uCny citizen; five milch cows; on« 
 yoke of oxen, or one horse ; twenty hogs ; and proviaiont. for 
 one year. 
 
 Homestead-Exemption Law. 
 
 The homestead of a family not loexceed two hundred acres 
 of land (not included in a town or city 1 or any town or citv 
 lot or lot.'?, in value not to exceed two thousand dollars, shall 
 not be subject to forced sale for any debts hereafter contracted ; nor shall the owner, if a 
 married man, be at liberty to alienate the same, unless by the consent of his wife, in sucb 
 manner as ihe legislature may hereafter point out. 
 
 Mechanics' Lien. 
 
 Mechanics contracting: in writing to erect buildings, shall have a lien in the nature of a 
 mortgage on all buildings they may erect or work upon, and also on the parcel or lot of 
 land on which they are erected, until the price for services and materials found shall be 
 fully paid. The contract shall be recorded in the office of the clerk of the county where 
 euch building shall be erected, within the space of thirty days after the contract is made. 
 
 Every person doing any work or furnishing any kind of materials toward the erection or 
 finishing of any building erected under a contract m writing, between the owner and builder 
 or other person whose demand therefor has not been paid, may deliver to the owner of 
 Buch building an attested account of the amount and value of the work and labor or mate. 
 rials, and thereupon such owner shall retain out of his subsequent payment the amount of 
 such work and labor or materials, for the benefit of the person so performing or furnishing 
 the same. This does not apply to incorporated cities. 
 
 Chattel Mortgages. 
 
 i 
 
 If any conveyance of goods and chattels or slaves be not on consideration deemed valu- 
 able in law, it shall be taken to be fraudulent, unless the same be by will duly proved and 
 recorded, or by an instrument in writing acknowledged or proved by two or more wit- 
 nesses and recorded the same as deeds of real estate, or unless possession shall really and 
 bona fide remain with the donee. Mortgages on personal property must be recorded m the 
 county where the mortgager Uvea. 
 
 Law regulating Contracts. 
 
 No action shall be brought whereby to charge any executor or administrator, upon any 
 special promise, to answer any debt or damages out of his own estate; or whereby to 
 charge the defendant, upon any special promise-, to answer for the debt, default, or miscar- 
 riage, of another person ; or to charge any person, upon any agreement made upon consid- 
 eration of marriage; or upon any contract for the sale of lands, slaves, tenements, or here- 
 ditaments; or making any lease thereof, for a longer term than one year; or upon any agree- 
 ment that is not to be perYormed within one year from the making thereof; unless the prom- 
 ise or agreement upon which such action shall be brought, or some memorandum thereof, 
 •hall be in writing, and signed by the party to be charged therewith, or some person there, 
 unto by him lawfully authorised. 
 
 Limitation of Actions. * 
 
 Actions of trespass for injury to property, of trover and conversion, for taking away the 
 goods and chattels of another, actions upon open account (except those that concern the 
 trade of merchandise between merchants, their factors, and agents), must be brought within 
 two years. 
 
 Actions of debt upon contract In writing within four years. 
 
SPECIAL LAWS OF TEXAS. 285 
 
 Actions upon an account for goode, wan's. and merchandise sold or delivered, or artt* 
 c\e» charged in a store account, within two years. 
 
 Actions for assault and battery, slandei, and lihel, within one year. 
 
 Real actions in three, five, or ten years, accordinjj to the prade of title. 
 
 Minors, married women, persons insane or imprisoned, nave the same periods respee 
 lively after the removal of their di&abilitv. 
 
 An arknowledj^ment to take a claim out of the statute of limitation must be In writinjj 
 and si^ed by the party to be charged thereby. 
 
 Collection of Debts. 
 
 Arrest. — The constitution provides tliat no person shall ever be Imprisoned for debt. 
 
 Attachme.nt —When a summons '.o answer to any civil suit shall be returned by thti 
 sheriff that the defendant is not to l)e found in his countv, the plaintiff may sue out a writ 
 of attachment to bo levied on the property of such defendant. 
 
 The judjres and clerks of the district courts, and justices of the peace may issue original 
 attachments, returnable to their respective courts upon the party applying for the same, his 
 agent or attorney, making an atiidavit in writing stating that the defendant is justly Indebted 
 to plaintiff and the amount of the demand, also that the defendant is not a resident of this 
 state or that he is about to remove out of this state, or that he secretes himself so that the 
 ordinary process of law can not be served on him, or that he is about to remove his prop- 
 erty beyond this state, and that thereby the plaintiff will probably lose the debt, and that 
 the attachment is not sued out for the "purpose of injuring the defendant. A bond must at 
 the same time be given, with two or more good and sufficient sureties, payable to the de- 
 fendant in double the amount sworn to be due, conditioned that the plaintiff will prosecute 
 his suit to effect and pay such damages as shall be adjudged against him for wrongfully 
 •uing out such attachment. 
 
 Sequestration.— Writs of sequestration may issue, 1. When a married woman sues for 
 a divorce and makes oath that she fears her husband will waste her separate property, oi 
 their common property, or the fruits or revenue produced by either, or remove the same 
 out of the limits of this state during the pendency of the suit ; Z When a person sues for 
 the title or possession of a slave, or other moveable property or chattels of any description, 
 and makes naih that he (#ars the defendant of person in possession thereof, will injure or 
 ill treat such slave, or waste such moveable pronprty or chattels, or remove the same out 
 of the limits of this stale during the pendency of the suit; S. When a person sues for the 
 foreclosure of a mortgage, or the enforcement of a lien upon a slave, or moveable property 
 of any description, and makes oath that he fears that the defendant or person in possession 
 thereof, will injure or ill treat such slave, or waste such moveable property, or remove such 
 slave or moveable property otit of the county, 4. When any person sues for the title or 
 possession of real property, and makes oath that he fears the defendant or person in pos- 
 session thereof, may make use of his posseision to injure such property, or waste the fruits 
 and revenue produced by the same, or convert them to his own use ; h. When any person 
 sues for the title or possession of any property from which he haa been ejected by force or 
 Tlolence, and shall make oath to such facu. 
 
 Deeds. 
 
 THr.sr must be sealed, but a scroll by way of seal will answer, if the person making the 
 same shall, in the body of the instniment, recognise such scroll as having been affixed by 
 way of seal. They should be recorded in the office of tlie clerk of the county court of the 
 county where the lands or some part thereof Me. 
 
 To entitle them to l»« recorded they must be proved by a subscribing witness, or acknowl- 
 edged by the grantor, if within the state before some notary public or clerk of any county 
 court in the state, if out of the state and within the United S'tales or their territories, biifore 
 •oin'- jiiljf of II fdiiit of record havinjr a seal, and he must atiix the 8<!al of his court to the 
 auih' • i^<- of acknowledtrment by the cfcr/c of the court is not sufficient) ; 
 
 if on -. before Buinn public initiiflter, charg6 d'affaires, or consul of the 
 
 Unit' I t)y ihe official seal of his office. 
 
 If « : .-.ivey her separate estate, she must acknowledge the same before 
 
 ajiidtfe of the difcinci court, or chief-juslice of the county court, or a notary public, or clerk 
 of the county court; or if she merely release her interest in the estate of her husband, then 
 
 before any judge of the supreme or district court, or notary public. If her conveyance is 
 •cknowWped out of the stale it mud be before tlie same authority authorized to take ac- 
 knowledgmetiU of persons not married. The certificate of acknowledgement In eitlior 
 case must slate that she had been examined by the fifficer privately and apart from her hus- 
 band, and that the conveyance was fully explained to her. and that she arkiiowled^'ed the 
 same to l>e her art and deed, and declared inat she had willingly signed, sealed, and deliv* 
 ered the aiimfl, and she wished not to retract it. 
 
 In other cane* ihe certificate mimt slate that the grantor appeared before the officer and ac- 
 knowledged that he executed tlie instrument for the consideration and purpos«a therein stnted. 
 
 M<irtcage« of real eitnte are not a lien unless recorde<l In the county where the laud lies, 
 within ninety days from the date of tlie execution of sucJi mortgaj^e. 
 
2^t. SPECIAL LAWS OF TEXAS. 
 
 Rights of Manied Women. 
 
 Ali, property, real and personal, owned or claimed by married women or whirh ir.nv h« 
 DowER.-The widow is entitled to the use of one third of the real estate for her life 
 
 Rate of Interest. 
 
 The les-al rate of interest where no rate is specified, is eight per cent Parties mnv n^rmft 
 Snvl^ '■^'*' ^' '"^^'* " '^"'^« P'^'- '='^°'- ^^ ''^'•« °'0'-« i« resWved no interest can be .^ 
 
 Wills. 
 
 propor'^y.'"^"' '^''" deprive hia descendanU by will of more than oue fourth of his or het 
 
 ..^n'^h ',\'""?- ''^,-" '"'"''"-'■'' ^^Sned hy the testator or by some other person m his presence 
 mn.fl^rM'"'''='f""' ''"^ moreover, if not wholly written bv himself, be attested bvt^o^r 
 ^resonco ^^"neeses above the age of fourteen years, -suhscribing their Znesi^hU 
 
81'BCIAL LAWS OP ARKANSAS. 
 
 2S7 
 
 ARKANSAS. 
 
 Conetitutinu adopted 183(3.— Square Miles, 52,198.— Population In lc50, 198,796 
 
 Exemptions. 
 
 There is exempt from levy and eale on execution, 
 if belonging to any one not the head of a family, his 
 wearing-apparel, except watches, and eIbo the neces- 
 sary tools and implements of trade of a mechanic 
 while carrying on his trade. 
 
 If belonging to a married man with a family, one 
 horse, mule, or yoke of oxen ; one cow and calf; one 
 plough, one axe, one hoe, and one set of plough gears, 
 if the person be a farmer: gpinniiig-w heels and cards, 
 one loom and apparatus necessary for manufacturing 
 cloih in a private family ; all spun yarn, thread, and 
 cloth, manufactured for family use ; any quantity of 
 hemp, flax, cotton, and wool, not exceeding twenty-five pounds ; all wearing- 
 apparel of the family ; two beds, with the usual bedding ; and such other house- 
 h'jld and kitchen furniture as may be necessary for the family, agreeably to an 
 inventory thereof, to be returned on oath with the execution bv the officer ; the 
 ncci ssary tools and implements of trade of any mechanic, while carrying on his 
 tra'.e ; all arms and military etinipments retjuired by law to be kept, and all such 
 provisions as may be on hand for family use. Also all books, maps, globes, man 
 uscripls. family pictures, and scientiHc apparatus belonging to citizens of this slate. 
 
 Homestead Exemption. 
 
 Evert free white citizen, male or female, being a householder, or the head 
 of a family, shall be eniiiled to a homestead, exempt fnmi sale or execution (ex- 
 cept as hereinafter mentioned), not exceeding one hundre<l and sixty acres of 
 land, or one town or city lot, being the residence of such householder or head of 
 a family, with the appurtenances and improvements thereunto belonging. 
 
 The preceding section shall be deemed and construed to except such home- 
 stead, in the manner aforesaid, during the time it shall be occupied by the wid- 
 ow, or chilli, or children, of any deceased person who was, when living, entitled 
 to the i>ene(its of this act 
 
 Nothing herein contamed shall be so construed as to exempt said homestead 
 from sale for taxes, or the owners thereof from any liabilities or debts con- 
 tracted prior to the pamage of this act; provided, that nothing contained in this 
 act shall be so conf<tra«>d an to exempt from execution and sale any town lot with 
 any impmvemontM thereon, except such as constitute the actual family residence. 
 Mild such buildings as are nefcessary appendages thereto. 
 
 
 Mechanics' Lien. 
 
 MrrHA^ics have a lien for all enms over one hundred dollars, for labor and 
 
 af.-rftils. if they file with the clerk of the circuit court of the county where the 
 
 building is, a true account of their demand and the amount due, verified by oath 
 
 4>f tlMJ person entitled Ut the lien, which lien sxtends to the land appurtenant to 
 
 " e building, not exceeding two acres. 
 
 The lien coutinoes in force only one year after the building is finished, unless 
 rait bo broaght to ouforce it. 
 
288 
 
fl A 111 
 
 A 
 
290 SPECIAL LAWS OF ARKANSAS. 
 
 Mortgages— Real and Personal. 
 
 hr^.r';^™^''^^^' ^^^V^^": ^°!" y^^\ or personal estate, shall be acknowledged 
 and sl,Th. P""'"!! r'^^T'^^,'^ V ^.^^ '° ^^^^ ^''« acknowledgment of deeds, 
 lie and i for npT f ' '' ^^'^ ^^"<^«'.'« ^^e county or counties in which the lancS 
 Jie and ,f for personal property, m the county in which the mor^^ager resides. 
 n.^t3 ™°r'^«g«; wl'ether for real or personal property, «hali'bf a lien on the 
 nugaged property from the tune the same is filed in the recorder'* office fur 
 
 o? such mortgage ' ""^'"^ ^''"^ '^^'" ^' "°''^^ '° ^" P''''^' ''^ '^« «^^«^«"«" 
 
 Law regulating Contracts. 
 
 No action shall be brought : — 
 
 1. To charge any executor or administrator, upon any special promise, to an 
 Bwer for any debt or damage out of his own estate ; 
 
 dJ^nhnl^J^^ ^^^ P*"'/""' ?P°" ^"^ ^^^'^''^^ promise, to answer for the debt, 
 detanit, or miscarriage, of another; ' 
 
 a. To charge any person upon an agreement made in consideration of mar- 
 riage; 
 
 hJ' ^^ ''*"'"[^® ^"^ P^.''''°" "P°" ""y contract for the sale ol lands, tenements, or 
 hereditaments, or any interest in or concerning them ; «"*ent., or 
 
 fi A 7"^ ''^ Y'^^ ^'1^ P*^''''°" ''P"" ^"^ ^®^*« of lands, tenements, or hereditaments, 
 for a longer term than one year; cundmenis, 
 
 f^LTf f^^''^^ any person upon any contract, promise, or agreement, that is not 
 , to be performed within one year from the making thereof; unless the agreemen 
 promise, or contract, upon which such action shall be brought, or some inemS 
 rZ.ZT '''•?"'' '•"" ^^ r^^' "^ ^'•"'"&- -'i «'8'-'i by the party to be 
 
 ihwZ fT^""^ ^"^ '''^ r^? '^f .^°°.'^?' '^'''■*'' ^"^ merchandise, for the price of 
 ion/ no ^n/' "P^'^--*!' «h«l be binding on the parties, unless, first, there be 
 some note or memorandum, signed by the party to be charged; or, second the 
 
 or"'ttvr'r'\f "'"'P' ^ r' ^^ '^'^ ^^'^^ ^° ««''^- «"d ^«^°^"y re;.eive the samel 
 Sereot-' ^'""^ 80'«ething in earnest to bind the bargain, or in part payment 
 
 Limitation of Actions. 
 
 »*>ii''l'onl"P°" promissory notes, and other instruments in writing, not under 
 
 seal, shall be commenced withm five years after the cause of action shall accrue 
 
 Actions upon sealed instruments, judgments, and decrees, within ten years. 
 
 bilhy. wiZ threryrr^""^"'' ^^ ^^^^' '"""'^^^ °" ^"^ ^^^^ -"^-^^^ - l-" 
 dpb.nrT/JlK"'" ^? ^"/'•'^'''^ *° '^ limitation equally with residents ; but when a 
 Ss c.. nfo ''°"' ''^ ^•'" ^"°'^"' '^^^l '"*" Arkansas, without the knowledge 
 of his ci editor, such creditor may sue within the time lunited, after he is apprized 
 of such residence of the absconding debtor. apprized 
 
 Minors married women persons insane, or imprisoned out of the state have 
 the same times respectively after the removal of their disability 
 hin^'^i" '^^'"^o^^ledgment to take a case out of the operation of the statute, or to"' 
 bind a person for a debt contracted during iniancy, must be in writing 
 
 Uue joint contractor or executor is not bound by the promise of another. 
 
 Collection of Debts. 
 
 «tfylli'i*' f"J.- "'■■77^^^ ^'■^^'^°'; '^^"' ^' ^^'^ '"'"^ "f fi""^ '^'« fledaration, tile «n 
 affidavit of himself, or some other person for him. stating .hat the defendant i" 
 
SPECIAL LAWS OF ARKANSAS. 291 
 
 justly indebted to the plnintitf in a fum exceeding one hundred dollars, and sta- 
 ting ihe amount, and also that the defendant is not a resident of this state, m tliat 
 he is about to remove out of this state, or that he is about to remove his goods 
 and effects out of this state, or that he so secretes himself that process can not be 
 served on him, or that he verily believes that the <lel)tor has fraudulently con- 
 veyed his property or effects, or is about fraudulently to convey the same for the 
 purpose of hindering or delaying his creditors, an attachment against his properly 
 may issue. 
 
 Bond, in double the amount claimed, must also be filed, conditioned for tho 
 payment of such damages as may be awarded against him. 
 
 Justices of the )>eaca may issue an attachment in like cases when the demand 
 is one l)undred dollars or less. 
 
 Boats running on the navigable waters of the state may be attached for debts 
 contracted by the owner, <5cc ,on account of work or supplies furnished the boat. 
 
 Arkest — Only in case of fraud alleged by the plaintiff, and supported by hi^i 
 affidavit and the affidavit of some disinterested and creditable person, to the facta 
 on which such allegation is founded, can any person be arrested iu a civil action 
 
 Deeds. 
 
 Dkeds. — must be executed in the presence of two disinterested witnesses, and 
 
 SEALKD. 
 
 They should be acknowledged, if in the state before the supreme court, the 
 circuit court, or either of the judges thereof, or the clerk of either of said courts, 
 or before the county court, or the i)re8iding judge thereof, or any justice of the 
 peace, or notary public. 
 
 If elsewhere in the FJnited States, before any court of the United States, or of 
 any state or territory having a seal, or the clerk of any such court, or the mayoi 
 of any city or town, or the chief officer of any city or town, having a seal of office. 
 
 If ont of the United States, before any court having a seal, or arv mayor or 
 chief officer of any cit)' or town having an official seal. 
 
 The certificate to be attested under the seal of office ; but if he have no such 
 seal, then under his official signature. 
 
 If the grantor be not personally known to the officer, he most be satisfactorily 
 proven. 
 
 Tlie trrantor must acknowledge that he executed the deed for the considera- 
 tion and purposes therein mentioned and set forth. 
 
 Married women must voluntarily appear before such court or officer, and in 
 the absence of her husband declare thnt she had, of her own free will, executed 
 the instrument in question, or had signed and sonled the relinquishment of 
 dower, for the purposes therein contained an<l set forlli, without comjiulsion or 
 undue influence of her husband. 
 
 Deeds should be recorded by tho recorder of the county where the land is 
 riinated. 
 
 Form of Acknowledgment. 
 
 State of Arkansas. ? *„ . u 
 
 County of /'V/TwA/in, \ "'W- 
 Be it remembered, that on xht^ fr%t day of October, one thousand eight hun- 
 dred nit(\ fipi/, hrfitrt' me, John Jonks, a untitry fniblic in and for sai«l county, 
 rT«wfffilly npp*»nr»Ml John Dor. anti Si'.san hin irife, to mc jjersonally known to 
 ' rilMvl in nnd who exernted the f«)repoing convey ii>irr,Knf\ sov- 
 f 'I that they executed the same, for the consicleration and pnr« 
 
 [■ 1' mod ; nn^ the unifi Su.«» a N, hnrine ri>hintin-ih/ ajrjienrpd hefore 
 
 Vif, in ll't iih^'tf e of her hvnbufid, drclnred (hit »he hntl. '•/ her mm fipe irill, 
 exemtul the nniti convryanre, and hnd fitrned niid Krolfd the tr/iuf/'/ishme'it cf 
 ke> tUfU-er. Jm the piirpn^c* therein conlaintd and get forth, without foniptUsiun 
 ot undue injlutnct of her hutband. 
 
 (Seal. J JOHN JONES. Salary rnbfic. 
 
292 SPECIAL LAWS OF ARKANSAS. 
 
 Rights of Married Women. 
 
 Any innrri-(] woman may become seized ai)d possessed of any rcu] or persona! 
 propt-iiy, wliotht-r uctjuired before or after marriage, in her own rii^Iil and as of 
 jier own property, exempt from ber husband's debls, provided the same does not 
 come from ber husband after marriafi:e. 
 
 Tlie .slaves and ibeir natural increase, owned by any married woman before 
 marria^je, and that she may acquire after marriage, shall be ber separate prop- 
 erly, exempt from any liability for the debts or contracts of the husband. 
 
 IJnt a schedule, under oalh, and verified by the oath of «)me <jiher reputable 
 pevson, must he made out by the husband and wife, and filed in the recorder's 
 office of ibe county where ihe property is, and of the county where thej' reside, 
 expressly setting forth that the same is designed to be held exempt from the lia- 
 bilities of her husband. 
 
 DijWKR — A widow shall be endowed of one third of all the personal estate, aiid 
 of the lands whereof ber hn.sband was seized of an estate of inherirnnce at any 
 time during the marriage, unless the same shall have been relinquished in legal .. 
 form, if there be lineal descendants ; if not, then to one half of the real and per- 
 sonal estate. 
 
 Rate of Interest. 
 
 Whkuk no rate is mentioned, it is six per cent. Parties may contract for any 
 rate not exceeding ten per cent. Usurious contracts are void. 
 
 Wills. 
 
 £vEBY will shall be executed and attested in the following maimer : — 
 
 1. It must be (Subscribed by the testator at the end of the will, or by some per- 
 son for hiin at his request. 
 
 2. Such subscription shall be made by the testntor in the presence of each of 
 the attesting witnesses, or shall be acknowledged by him to have been so made 
 to each of the attesting witnesses. 
 
 3. The te-stator, at the time of making such subscription, or at the time of ac- 
 knowledging the same, shall declare the instrument so subscribed to be his will 
 and testament. 
 
 4. There shall be at least two attesting witnesses, each of whom shall sign hia 
 name as a witness at the end of the will, at the request of the testator. 
 
 ri. Where the entire body of the will and the signature thereto shall be writ- 
 ten in the proper Iiand writing of the testator or testatrix, such will may be 
 esiabiislied by the unimpeachable evidence of at least three disinterested wit- 
 nesses to the hamlwriling and signature of each testator or testatrix notwilh- 
 Biandi/ig there maybe no attesting witnesses to such will; but no will, wiiii* 
 out such subscribing witnesses shall be pleaded in bar of a will subscribed in 
 due form as prescribed in this act 
 
 Every person who shall sign the testator's name to any will by his direction, 
 shall write his own name as a witness to such will, and state that he signed the 
 testator's name tjt his request. ^ 
 
SPECIAL LAWS OF TENNESSEE. 293 
 
 TENNESSEE. 
 
 CtMJBtifxinun adopted 1835— Square Miles 45,600— Population in 1850, l,023.i<38. 
 
 Exemptions. 
 
 Therk is esenjpted in this state from levy nnd salo ot 
 execution — one cow and calf; one bedstead nnd bo.i, i-i.n 
 taining not more than twenty-five pounds of ff-iUhors ; two 
 Bheets, two l)lmikcts, and one counterpane ; whin; the t!!::i 
 i!y consists of six or more persons, one additional featiier- 
 " -A, bedstead, and bedclothes, are allowed ; one half doz- 
 . knives and Turks, six plates, one dish, one pot, one 
 I utch oven ; one epinning-wheel ; one pair of cotton-cards ; 
 one chopping axe ; live head of sheep ; ten head of stock 
 hogs ; ail fowls and poultry ; six chairs ; one bible and 
 hymn-biiok ; one loom and gear ; also ten barrels of corn , 
 and three "hundred weight of pork or bacon, as the caae 
 may be, if such they have, or so much thereot as they, or either of them may have. 
 
 Also in the hands of persons encaged in agriculture, one plough, one hoe, one set of 
 gears for plougbins, one iron wedge; and one farm horse, mule, or yoke of oxen; and 
 Uie workman's one pet of mechanical tools, upual and necfjpsary in his trade ; any indi- 
 gent, decrepit, or idiotic person or persons, who are unal>le by manual labor or physi- 
 c.il evf rtions to obtain a liviii" or support, •'■'> exempt from working on public roads, 
 hnd p;iyiiii.' poll tax, when sut^ infirmities shtdl be made to app»:ar satisfactory to any 
 cuntv '--'UrL 
 Ti-c iiruu and equipments of any militia-irsr, are exempt from execution at all times 
 
 Mechanics' Lien. 
 
 When any mechanic or undertaker, by special contract with the owner of any lot of 
 rround or tract of land in this state, or his agnnt. phall construct, build, or repair, either 
 in whole or iri part, or furnish materials or any part of materials, in the consti-uction, 
 bnilding, or repairing, of any house, fixtures, or improvements, or shall do any work 
 upon the said house, either by finishinc otV the same, painting, ornamenting, or other 
 wise, such mfchanic or undertaker shall have and retain a lieu upon such building, and 
 the lot of ground thereto aitach»>d. in proportion to the amount and value of work dona 
 or iiiJitcriiils furnished as aforesaid 
 
 A Ii^•M hereby created, shall continue one year after the work done, or materials fur- 
 ni«hi*d, and until the decision of any puit that may be brought witiiin that time for tbo 
 debt that may be Hue said mechanic or unaeriMker ; also said lien shall extend to jour- 
 neyman, or all who in part build, or in part funii.^h materials. Provided notice in wri- 
 ting of euid li«'n shall be Jiret (riven to the owner or proprietor of said lot, tract of land, 
 house, or improvements, or his agent, at the lime baid work is begun, or materials fur- 
 ni.|„wi i,v L,.i.i i-.-imeymen or other p«-r^on. 
 
 \'v • in contracted by the master, owner, agent, or consignee, of any steam 
 
 or k M this state, by and on account of any work dr>ne, or matt-rial.« or ar- 
 
 li«l(- ;. lur or toward tlie building, repairine, fitting, furnit^hing, or equii)pirg, 
 
 •n<h stfum or kt^-l boat, or for wages due to tb*" hands thereof, such debt shall be a lien 
 upon such sti-am or keel boat, her tackle and furniture; provided that suit be com- 
 nri'ticed within three months from the time said work ia finished, or said mat'sriuls or 
 articles are fumisbcd, or said wages fall due. 
 
 Chattel Mortgages. 
 
 Thcss imist be prored and recorded the same as mortgages on land, to nmko them 
 valid as s^ainst bona fide creditors and purcbaM^rs. 
 
 Law Regulating Contracts. 
 
 No action shall be brought whereby Jo charge any executor or administrator, 
 upon any special promise, to answer any debt or damages out of his owt estate; 
 or wb'ircbj to cbargu the dtsfundant, upon any spcciiJ promise, to answer tor thA 
 
 25* 
 
i w w mt »f « o e W W S 
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 •^•. 
 
 eyTtoeyit^(D#0! 
 
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 J2 
 
 11 
 
 1 OZonJlVesfyrani IV 
 
 ^: 
 
 -• 1/11/ 
 
 yojs. 
 
 ^.#' 
 
 "^i 
 
 3fi 
 
 
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 rmis 
 
 Cai 
 
 O 
 
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 ^iDICKSOl 
 
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 '\Lcba^n 
 
 
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 ^iHIcJkmanI-! 
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 IPTONJL 4^-- 
 
 \^<^ I 
 
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 SHj^t^YlFAYETTOBoK^ ! V^>^ |S^ 
 
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 Af/SS IS 
 
 s}i^ p a 
 
 TENNESSEE 
 
 ^? ^ Scale o£Mlle!?. „ 
 
 >^ 10 30 , 50 70 
 
 Tlorevice 
 
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 294 
 
 10 
 

296 SPECIAL LAWS OP Tlrx-<NESSEK. 
 
 debt, -iefaalt, or miscarriage, of another person; or to charge anj person Gpnn 
 any agreement made upon consideration of marriage ; or upon any contract lor 
 the sale of lands, tenements, or hereiiitameuta, or the making any lease thereof 
 for a longer term than one year; or upon an agreement wiiich is not to be per- 
 formed within t'le S|)ace of one year from the making thereof, unless the promise 
 or agreement upon which such action shall be brought, or some raemorandam 
 or note thereof, shall be in writing, and signed by the party to be charged there- 
 with, or some other person by him thereunto lawfully authorized. 
 
 Limitation of Actions. 
 
 Actions of account, and upon the case, except such accounts as concern fbo 
 trade of merchandise between merchant and merchant, their factors or servants, 
 actions of debt for arrearages of rent; actions of detinue, replevin, and trespasA 
 qvare dansum /regit, must be brought within tliree years next after the cause ol 
 action accrues. 
 
 Any contract or lending, without specialty, within six years from the lime tha 
 cause of action accrues. 
 
 Actions of trespass, assault, battery, wounding, and imprisonment, within one 
 year. 
 
 Actions of slander, within six months. 
 
 The same limitation ajjplies to bonds, bills, and other securities, made trnng- 
 ferable by law, after their assignment or endorsement, as is applicable to prom- 
 issory notes. 
 
 There is the usual saving in favor of infants, femme eoverts, and persons n<m- 
 compos mentis, imprisoned, or beyond seas, of the term of limitation, after the 
 removal of their respective disabilities. 
 
 • Collection of Debts. 
 
 Attachmknt. — When the sheriflT shall return that " the defendant is not to bo 
 found in his county," in civil cases, an attachment may issue against the properly 
 of a defendant who is a resiflent of the slate. 
 
 When a creditor makes ntBdavit that his debtor so absconds or conceals himself 
 that process can not be served on him, or is removing or about to remove lumself 
 or his property withoat the state, or is absconding or concealing himself or hia 
 property, or that he is a non-resident, and states therein the amount of his claim, a 
 writ of'attachmem may issue against the property of the debtor. 
 
 Arrest for debt is abolished. 
 
 Deeds. 
 
 The.sk must be sealed, and attested by two subscribing witnesses. 
 "When the wife joins her husband in a conveyance, she must be privately ex 
 amined, separate from her husband. 
 
 Form of Acknowledgment. 
 
 State of Tennessee, ) ^^ 
 Marion County, \ 
 Personally appeared before me, John Jones, clerk nf the connty court r.j 
 Marion, the within-named John Doe 7'jifh Susan kis^cifi', with whom I am per- 
 sonally a"quainted, and who acknowledged that he executed the within deed for 
 the purposes therein contained. 
 
SPJECIAL t.AWS OF TENNESSEE. 297 
 
 Witness ray hand at office, this tenth d&y of February, one thousand eight hun- 
 dred ant]Jif/y-OHe. 
 
 And Susan Dob havin«r aho personally nppeared before me, privulely and 
 apart from her husband, the said John Dok, acknoiHedgfd the execution of said 
 deed to have been done by her freely, voluntarily, and vudersldndingly, iciihout 
 compnlsion or restraint from her said husband, and for the purposes therein 
 expressed. 
 
 Witness John Jones, clerk of said court, at office this tenth day of December, 
 one thousand eight hundred a.nd ffty. 
 
 Acknowledgments may be made before the clerk of any county court in tlie 
 
 ■t.'trt. 
 
 If made out of the state, they may be acknowledged before a notary public 
 under his seal of office, or before a judge of a supreme, circuit, or superior court 
 of any state or territory of the United States. The judge must endorse thereon 
 or append thereto a certificate of such acknowledgment, and the official charac- 
 ter of such judge must be certified by the governor of such stale or territory under 
 the great seal thereof 
 
 Peeds must be recorded in the office of the register of the county where the 
 lands are siiuated; Rud only lake etiect, as to third persons, from the time of iiliiig 
 lor record. % 
 
 Rights of Married Women. 
 
 When any married woman shall, either before or after marriage, become en- 
 titled to any interest in any lands, tenements, hereditaments, or other real estate 
 whatever, either by gift, devise, descent, or in any other mode, it shall not be law- 
 ful, by virtue of any judgment, decree, or execution against the husband of such 
 married woman to sell or dispose of his interest in the real estate of the wife ; or 
 by virtue of the judgment, sentence, or decree, of any court in this state to dis- 
 possess or eject the husband and wife from the possession of the real estate of tho 
 wife acquired in any manner, either before or after marriage. 
 
 The exem[)ti()n of the husband's interest in his wife's lands, shall not extend 
 beyond his wife's life, nor shall the husband sell the same during his wife's life- 
 tinse, without her joining in the conveyance in the manner prescribed by existing 
 laws, in whicJi married women shall convey lands. 
 
 When nny person shall die intestate, leaving no heirs-atlaw capable of inherit- 
 jng real estate under the laws of the stnte,0it leaving a widow she is entitled 
 in fee simple to all the real estate of which her husband died seized and pos- 
 sessed, after paying the debts of her husband. 
 
 DoWKH. — A widow is entitled to dower of one third part of the lands, tene 
 tnents, and hereditaments, of which her husband died seized or possessed. 
 
 Rate of Interest 
 
 The legal rate is six per cent.; and the person exacting more is liable to a 
 fine of not less than the amoant asuriously taken. 
 
 Wills. 
 
 WiM.s must \f; in writing, signed by tho testator, or some other person In his 
 prvnencc and by h\n express direction, and subscribed in the preHenco of the les 
 lat/jr by two wttneiaof, no one of whom is interested in the will. 
 
298 SPECIAL LAWS OF TENNESSEE. 
 
 Tennessee Homestead Exemption. 
 
 The homestead of every housekeeper or head of a family, residing: in this state, to th«» 
 vdlue of five hundred dollars, consislinfr of a dwellinn^-house and out-buildings, and land ap 
 purtenant, occupied liystich person as a homestead, sliall be exempt from the debts of every 
 such housekeeper, or bead of a family, and from attachment and execution, in all cases 
 where the contract shall be made or cause of action shall accrue after the first of January 
 18.53, except as hereinafter provided. Before any person shall be entitled to the benefitg 
 of tnis act, he or she shall first declare his or lier intention of claiming' the homestead, by 
 having a declaration or notice of such intention sis^ned, scaled, and witnessed, and duly 
 registered in the register's office in ihe couniy in which such homestead may be situated ; 
 and the rijjht to the protection a^amst execution being levied on guch homestead, shall be 
 only from and after date of such retristration. 
 
 VVhen the real estate is levied upon, the homestead, occupied as such by the head of the 
 family, shall be set apart out of the real estate levied upon, by three disinterested freehold- 
 ers, and the remainder may be sold. If the homestead can not be divided, the whole may 
 be sold, and five hundred dollars of the proceeds must be paid to the clerk of the court ren- 
 derinfi^ the judgment, to be used only for the purchase of another homestead ; the sui-plus 
 from Ihe sale to be applied to the payment of the execution. The widow of a housekeeper, 
 »nd also in case of a divorce resultina' from his misconduct, is entitled to the benefits of this 
 exemption during her widowhood. The same applies to children during their minority. 
 
 Thejiomestead can not be aliened or mortgaged except by the joint deed of husband and 
 wife, if he be a married man, executed in the usual manner of conveyances, except for pay- 
 ment of the purchase-money agreed to bo given therefor. The homestead is subject to sale 
 for all state, county, or corporation taxes, legally assessed thereon. To be entitled to the 
 benefit of this exemption, the person niu.st permanently reside on the premises. The person 
 to whom the homestead is set apart, must, within one year after the delivery of the certified 
 deecrip ion or the real estate set apart by the freeholders, have the same registered in the 
 rfogiste 1 office of the county wherein such land may be. to obtain a valid title thereto 
 
^SPECIAL LAWS OP KLNTUCKi. 299 
 
 KENTUCKY. 
 
 Constitation adopted, 1850.— Square Miles, 40,5U0.— Population in 1850, 993,344. 
 
 •■^— 
 
 Exemptions. 
 
 There is exempt from levy and sale on execution one worft. 
 beast, or yoke vt' oxen ; one plough and gear, one axe, one liocj 
 two cows and calves; two beds, bedding, and furniture ; one 
 loom and spinning-wheels, and cards for tne same ; all the spun 
 yam and manufactured cloth aud carpeting manufactured l)y 
 the family, necessary for family use ; one pot, one oven, half- 
 dozen plates, half-dozen cups and saucers, one coflee-pot, one 
 teapot, half-dozen knives and forks; one table; Uie family Bi- 
 ble ; one saddle and its appendages, one bridle ; six chairs, not 
 exceeding eight dollars in value; poultry of their own rearing, 
 or purchased for family use ; five head of sheep, and wearing- 
 apparel ; and to a mechanic his tools, not exceeding one hun- 
 dred dollars in value; but only one work-beast of any mechanic 
 who claims his tools, shall be exempt from execution. Also, 
 Ibe atove and appendagen, and the cooking uirnsils. not exceeding twenty-five dollars in 
 valoe, of any honnjide housekeeper with a family. The ofiicer is also required to set apart 
 to each defendant, by two disinterested housekeepers, as much provisions, including iiread- 
 •tuffs and animal food, and as much wood or stotie-coal laid in for family consumption as 
 fuel, as will be sufficient for such defendant and his, or her family, for six mbutha from and 
 after the lime of levy. 
 
 Mechanics' Lien. 
 
 In the towns of Bowlinp-Qreen, Rusaellville, and Owenboronch, the city of 
 Mayaville, the town of Brandenburgh, the city of Lexington, and m the town of 
 Paducah. the raechnnica have a lien for their labor and materials furnished in the 
 ccnslraction or repair of any buildings, U[»on the building and the lot of land on 
 which it 18 situate, provided they file their amounts in the county court clerk's 
 office within six mjuiihs from the time they cease to work, aud jiroceed to en- 
 force their lien by suit. 
 
 In Padacah, they may enforce their lien wiihin one year by bill filed in th« 
 il'Cracken circuit courc 
 
 Chattel Mortgages. 
 
 Chattel mortgages mcwt be acknowledged and recorded the same as deedfi 
 of real estate. 
 
 Law regulating Contracts. 
 
 No action shall be brought whereby to charge any executor or administrator, 
 opon any special promise, to answer any debt or damngtjs out of his own estate; 
 or whcnjby to chartre tho def«;ndant, upon any sfKJcial jjromise, to answer for the 
 d«'bt, default, or miscarriage, of another person ; or to charge any person opon any 
 ftgrecm«;nt made upon consideration of marriage; or upon any contract for tbu 
 • lie of lands, tenements, or hereditaments, or the making any lease thereof for a 
 l.iiger term than one year; or nijon any agreement whiih is not to be performed 
 willi'n the space of iiou year fiorn the making thereof; unless the promise or 
 ■greament ujjon which surh action shall be brooght, or some memorandum or 
 note thereof, shall l)e in writing, and signed by the party to ha charged tberewitli, 
 or by some other person by bim tbereunio lawfully authorized. 
 

 f H I CK- JlJ&yilf'Zai); 
 
 r 
 
 ,, \iroplcinivilIe iL) 
 
 j^ Pr^mce^itx- \-..,...L X^ oVSr VrrT/ !''''"-"" 
 
 
 300 
 

 
302 SPECIAL LAWS OF KENTUCKY. 
 
 Limitation of Actions. 
 
 An action f<« the recovery of real property can only be broug^ht within fifteen years aflei 
 the right to hrint,' it first accrued to the plaintiff, or to the person through whom he claims. 
 
 If, at the time when the right of any person to bring an action for the recovery of real 
 property first accrued, such person was an infant, married woman, or of unsound mind, thea 
 such person, or the person claiming through him, may, notwithstanding the period of fifteen 
 years has expired, bring the action within three years after the time at which the person to 
 whom the right so accrued ceased to be under sucli disability as existed when the same so 
 accrued, or died— whichever has happened first. 
 
 The period within which an action for the recovery of real property may be brought, 
 ehall not in any case be extended beyond thirty years from the time at "which the right to 
 bring the same first accrued to the plaintiff, or to the person through whom he claimed, by 
 reason of any death, or the existence or continuance of any disability whatever. 
 
 An action upon a judgment or decree of any court of the United States, or of any state CT 
 territory within the United States, the period to be computed from the dale of the last exo> 
 cution regularly issued thereon ; and an action upon a recognizance or a written contract 
 other than one for which a different limitation is hereinafter prescribed, must be brought 
 within fifteen years. 
 
 An action upon tlie official bond of a sheriff, marshal, sergeant, clerk, constable, or other 
 public officer or his deputy: an action upon the official bond of a personal representative, 
 guardiai.', curator, or committee: an action upon a bond for an appeal, supersedeas, attach- 
 ment, injunction, or order, of arrest, or for the delivery of property : or a bond for the forth- 
 comintr of properly, or to obey or perform an order or judgment of a court in an action; or 
 a bond for costs, or any other bond taken by a court or judge, or by an oliicer pursuant to 
 the direction of a court or judge in an action, or upon a replevin, sale, or delivery bond 
 taken under an execution or warrant of distress: an action upon an indemnifying bond 
 taken under a statute or upon a bond to suspend a proceeding or sale under an execution, 
 or distress warrant, i «st be brought within ten years. 
 
 An acUon against surety in any recognizance, bond, or contract, except where a shorter 
 period iThereinalK prescribed: an action upon a contract, express or implied, other than 
 one for which a dif "erent limitation is herein prescribed : an action upon a liability created 
 by statute other than a penalty or forfeiture : an action for trespass upon real property, for 
 the profits of, or oamages for withholding real property; for taking, detaining, or injuring 
 personal properly, including actions for the specific recovery thereof; for an injury to the 
 rights of the plaintiff not arising on contract and not hereinafter enumerated : an action up- 
 on a bill of exchange, check, draft, or order, or upon a promissory note placed upon the 
 footing of a bill of exchange : an action to enforce the liability of a steamboat or other ves- 
 sel, in"a case in which it is specifically subject, by statute, to the plaintiff's claim : an action 
 upon an account concerning the trade of merchandise between merchant and merchant or 
 their agents : and an action for relief on the ground of fraud, nmst be brought within five 
 years. 
 
 An action for an injury to the person of the plaintiff or of his wife, child, ward, or servant 
 other than a slave; for malicious prosecution or arrest; for seduction, criminal conversa- 
 tion, or breach of promise of marriage ; upon k statute for a penalty or forfeiture, oilier than 
 those for which a different limitation is prescribed in this chapter: an action for libel or 
 slander ; for the escape of a prisoner arrested or imprisoned on civil process ; to enforce 
 the liability of bail, or of a sheriff or oilier officer as bail, iftust be brought within one year 
 after the cause of action accruM. 
 
 And an action upon an account for goods, wares, and merchandise, sold and delivered, or 
 for any article charged in a store account, must be brtjught wiihin one year. In every such 
 action, the limitation shall be computed from the first day of January next succeeding the 
 respective dates or limes of delivery of the several articles charged in the account ; and 
 judgment shall be rendered for no more than the amount of such articles as were actually 
 charged or delivered within the vear preceding that in which the action is brought. 
 
 If any meichiint or trader shall wilfully post'dale any article charged in such account, or 
 the receipt for the delivery thereof, he shall forfeit tenfold the amount of such article, to !>« 
 recovered by any person, with costs, before a justice, where the penalty does not exceed 
 fifty dollars ; ajid where it does exceed that sum, iu the circuit court. 
 
 Collection of Debts. 
 
 Arrest. — A defendant in a civil action can be arrested and held to bail only when thero 
 la filed in the office of the clerk of the court in which the action is brought an affidavit of the 
 plaintiff, showing — 
 
 1. The nature of the plaintiff's claim 2. That it is just. 3. The amount or value which 
 the deponent believes the plaintiff ouirlit to recover. 4. That the deponent believes, either 
 tliat the defendant is about to depart from this stale, and, with intent to defraud his credit- 
 ois, has concealed or removed from this stale his property or so much thereof that the pro- 
 cess of the court afifcr judgment can not be executed, or that the defendant has money <«/ 
 
SPECIAL LAWS OF KENTUCKY. 303 
 
 ■ecurities for money, or evidences of debt, in the possession of himself or of others for hla 
 a«e. and \a about to depart from this stale without leaving property therein euflicient to sab 
 liifv the plaintifl"'8 claim. 
 
 1*here must be a bond executed on the part of the plaintiff by one or more sufficient surtv 
 tics, conditioned to pay to the defi^ndant all damaf^es if the order be wrongfully obtained, 
 not »fxceedin» double the nmonnt of the plaintiff's cluim. 
 
 Attachment.— An attacliment aifninst the property of the defendant may issue, first, in 
 an artion for the recovery of money where the action is against— 1. A defendant or several 
 defendants, who, or some one of whom, is a foreign corporation or a non-resident of this 
 •tate : or— 2. Who has been absent therefrom four months : or — 8. Has departed from this 
 Btate wiUi intent to defraud his creditors : or — 4. Has left the county of his residence to avoid 
 .the service of a summons: or — 5. So conceals himself, that a summons can not be served 
 upon him: or— 6. Is about to remove his property or a material part thereof out of this 
 state, not leaving eaounh therein to satisfy the plaintiff's claims : or— 7. Has sold, conveyed, 
 or otherwise disposed of his property, or suffered or permitted it to be sold, with tlie fraud- 
 ulent intent to cheat, hin<ier, or dolaV his creditors : or — 8. Is about to sell, convey, or oth- 
 erwise dispose of his property, with 'such intent. 
 
 But an atuirhment shall not be eranted on the ground that the defendant or defendants, or 
 any of tliem is % foreign corporation or a non-resident of this state, for any claim other than 
 » Jobt or d<Jir(iid aritmg upon contract. 
 
 gecofidiy, in 8!i action to recover the posse.ssion of personal property where it has been 
 o.deretl to be ('e'Arcr^tl to the plaintiff, and wliere the property or part thereof has been 
 dispostfi of, c'/ucealsvl. or removed, so that the order for its delivery can not be executed by 
 the sberitf. 
 
 I 
 
 Deeds. 
 
 Thksf, must he in wrilinsr, and lod?ed for record in the office of the county court of the 
 CO itity where the lutd is situate within eiglit months. A seal is not necessary. 
 
 'llifv may be i»f fi/owledj^ed in any county court, or in the office of any such court, before 
 the cli-rk thereof. 
 
 Out of the Stat*} before any judiro or justice of a superior or inferior court of the county, 
 dirttrin, or place, where they "reside, and out of the United States before the usual official 
 officers. 
 
 Slate of Kentucky, > ^ ^^ . 
 
 Fifrm of Acknowledgment. 
 
 County of Livinfftton, 
 
 Be It rem»mbered, that on the Jirit day of October, one thousand eight hundred SLndJl/fy- 
 Jtee, l>»-fore me, at offirn, John .Iones, elc'rk of the county courf of said county, personally cnino 
 John Dok and Susan hU wife.Xo me known to be the persons described in, and who e.vecu- 
 trd tlie t"(ire;.'oingfonffv//«f*, and severally acknowledged that they executed tite siime: and 
 the I'lid .SuiAN, <m an fxtimiuntiim by me, privily and apart from /icr husband, declared tJuit 
 the did freely and Ufillimjly teal and deliver the taid conveyance, which woh then by me shown and 
 fx/tltiined U> her, and that the withet not to retract it, and acknowledged it to be her act, and con' 
 tented Unit it may 0% recorded. 
 
 WiineM my hand and seal of court, at office, the day and year above written. 
 (Smd) JOHN JONES, Clerk of the County Court of the County of JAvingtton. 
 
 I 
 
 Rights of Married 'Women. 
 
 Till t-nvfs of a married woman and the increase thereof, and her real estate ovned b^foro 
 '..- ,v '\ II..! :if'er marriai:*-, slialj not be liable for the debts of her hunliand ; but are liabln 
 r..i il.i.ts l>y her and her hu«band jointly created, in writing, for necessaries furnishtul her 
 or any m»*tnlier of her firnily. 
 
 Th«« f stall* and pri>perty of the husband shall not be subject to (he payment of any con- 
 (rucla, hubtJiliea, damagea, or debts, incurred by the wife prior to her marruige. 
 
 Rate of Interest 
 
 The legal rate ii tix per cent The usurious excess only ia void. 
 
 Wills. 
 
 signed by the teslator or by aomo other person in his progence 
 fiiot wholly wriit.-ri by liiniHcK. must U- utiuated by two or nioie 
 nbiag tiiutr uaines In liia piuscuce 
 

 teoifi^i^l 
 
 304 
 
n ^^^ 
 
 vAi <-;j, 
 
 
 i^^stfnS 
 
 ^i^/^. MC^S^ ^-nl4 
 
 HOC 
 
 latttpoUs 
 
 UinUjig 
 - (fill 
 
 2{j* 
 
 300 
 
306 bPEJIAL LAWS OF OHIO. 
 
 OHIO. 
 
 Constihition adopted, I851.-Square miles, 39,964.- Population in 1850, 1,877,03:. 
 
 Exemptions. 
 
 EvF.RY person who has a family shall hold exemtx 
 from execution — ^ 
 
 1. The wearin,£,-apparel of such family ; the beda 
 bedsteads, and bedding, necessary for the use of such 
 family ; one stove and pipe, used either for cooking or 
 for warmrfie: the dwelling-house ; an amount of fuel suf. 
 hcient for the period of sixty days, actually provided 
 and designed for the use of such family. 
 
 2. One cow, or, if the debtor own no cow. household 
 furniture, to be selected by the debtor, not'exceedine 
 
 r, .r,, J , ""^'*^" dollars in value; two swine, or the pork there 
 
 fiom ; or. If the debtor own no swine, household or kitchen furniture, to be selected 
 by the debtor, not exceeding six dollars in value; six sheep, the wool shorn from 
 them, and the cloth or other articles manufactured therefrom; or, in lieu of such 
 sheep, household and kitchen furniture, to be selected by the debtor, not exceed 
 ing ten dollars m value, and sufficient food for such animals, when owned by tZ 
 debtor, for tlie period of sixty days. "vvneu uy tne 
 
 3 The bibles, hymn books, psalm-books, testaments, and schoolbooks, used in 
 the family, and all family pictures. ' 
 
 4. Any amount of provisions actually prepared and designed for the sustenance 
 of such amily, not exceeding forty dollars in value, to be selected by the debtor 
 and such other articles of household and kitchen furniture, or either,Lcessa^^^^^^^ 
 iollars t'vake ^^^^' '" ^" '"'''^'^ ^^ ''^" *^^^^"^' "^' ^^^-^^^-8 thirty 
 
 5 The tools and implements of the debtor, necessary for canying on his trade 
 
 rn^gX'doiirrlt; val^ '"""'^^ " ^^™"'""^' "^ '' ^^'^^^'^ ^^^-' ^^ ^^^^ 
 In ail cases arising under the first section of this act, the amount of beds b^d- 
 SiL^^f bedding, necessary for the use of such family ; the amount of fuel 
 sufiicient for the period of sixty days, actually provided and designed fbr the use 
 of such family ; the amount of food for the usC of the animals exempted from ex e 
 cution for ihe period of sixty days, shall be determined by two disinterested 
 householders of the county, to be selected by the officer holding the execution 
 And the value of the provisions, household and kitchen furniture, and the tS 
 
 this ac?i'J;.m"?f"'^ '•'" ^"^"'•'" ""'I'T^y ^"'- ^^"•>"'"- °" his trade or bus ness. by 
 hcidSs ^ execution, shall be estimated and appraised by said house 
 
 R^.?nr Ifl^'^'r "' «, recorded in the recorder's office of the county where situ 
 
 and KL r«lw """V^^-'IT -^^^'■'' ^'^ ^^^™P^ ^'-^^ execution ; notaries' seal 
 and his registers and official documents, are also exempt. 
 
 By the homestead law, which went into effect July 4, 18.50, it is provided thil 
 •« It shall be lawful for any resident of Ohio, being the head of the family and 
 not the owner of a homestead, to hold exempt from execution, or sale as afore- 
 said (see homestead exemption law), mechnnical tools, or a team and farmine 
 otensils, not exceeding three hundred dollars in value, in addition to the auiounJ 
 ot chattel property now exempted. 
 
I 
 
 SPECIAL LAWS OF OHIO. 307 
 
 Homestead-Exemption Law 
 
 Fbox and after July 4th, 1850, the family homestead of each head of a family shall 
 be exempt fioni sale on ext^cutiou on any judgment or decree rendered on any cause 
 ol action accruing ait.r the taking effect of this act; provided tliat such homet-te:id 
 shall not exceed five hundred dollars in value. 
 
 The iheriffor other officer executing: any writ of execution, founded on any ludement or 
 decree such as is mentioned in the first section of this act, on application of the debtor or 
 bit wife, bis ajrent, or attorney, if such debtor have a family, and the lands or tenements 
 about to be levied on. or any part or parcel thereof, shall be the homestead thereof, shall 
 cause the inquest of appraisers, upon their oaths, to set off to such debtor, by metes ani 
 bounds, a homestead not exceeiiin-^ live hundred dollars in value, and the assigiiment of Ihe 
 hoMiesteail to made by the appraisers shall be relumed by the sheriff, or other officer, along 
 with Ins writ, and shall be copied by the clerk into the execution docket ; and if no com- 
 plaint be made bj' either party, no furtlier proreedines shall be had against the homestead, 
 bat the remainder of the debtor's lands and tenements, if any more he shall have, shall be 
 liable to sale on execution, in the same manner as if this act had not passed ; provided, 
 that upon complaint of either party, and upon good cause shown, the court out of which the 
 writ ifisued, may order a re-appraisement and re-assifinment of the homestead; provided, 
 also, th^ in case" no applicaliou be made as afores/iid during the lifetime of the debtor, such 
 application may be made by the widow of the judjjmeni debtor any time before a sale. 
 
 On petition of execuiors or administrators, to sell the lands of any decedent to pay debts, 
 who shall have left a widow and a minor child or children, unmarried and composing part 
 of decedent's family at the time of his death, the appraisers shall proceed to set apart a 
 homestead in the same manner as is provided in the preceding sertion; and the same sliall 
 remain exempt from sale on execQtion for debts contracted after the taking effect of this 
 act, and exempt from sale under any order of such court so long as any unmarried minor 
 child, or children, shall reMide thereon, althoui:h the widow may have previously died and 
 the unmarried minor child, or chiidren, actually residing on the family homestead, shall be 
 entitled to hold the same exempt from sale on execution for debts as hereinbefore pro- 
 Tided for, although tlie parent from whom the same descended may have left no wife or 
 husband survi/ing. 
 
 Every widower, or widow, having^ an unmarried minor child, or children, residing with 
 him, or her, as part of his or her family, shall have the benffit of this act, in the same man- 
 ner Rs married persons. And married persons, living together as husband and wife, shall 
 be entitled to the exemption in this act provided, although they have no children. 
 
 Any person owning the superstructure of a dwelling-house, occupied by him or her as a 
 family homestead, shall be entitled to the benefit of this act, a!lhout;n the title tr. t^e land on 
 which the same may l)e built shall be in anotlier, and lessees shall be entitled to the benefits 
 of this act, in the same matmer as owners of the freehold or inheritance; provided, nothing 
 Ix'rein contained shall be construed to prevent a sale of the fee simple subject to such lease. 
 
 When tlie homestead of any debtor m execution shall consist of a house and lot of land, 
 which, in the opinion of the appraisers, will not bear division without manift'st injury and 
 Inconvenience, the niaintiff m execution shall receive in lieu of the proceeds oflhe sale 
 of the liumf-teid, the amount, over and above forty dollars annually, which shall be ad- 
 jud-' Tiiisers heretofore mentioned, as a fair and reasonable rent for the same, 
 
 gnti -. and interest, are j.aul, the said rent over and above the said forty dol- 
 
 lars '• m quarterly payinenis, commeiiciiiff three months from the time of the 
 
 levy ., ,... ; ,,.. ...ijn, and the said rent may be paid to the plaintiff in execution or to his 
 assigns, ur to iii« clerk of the court of common pleas of the county in which the said home- 
 stead is situated, and the said clerk shall give to the persons paying the same a proper re- 
 ceipt, and enter the some upon the ex<;cution docket without charge, and in case the said 
 rent shall not be naid quarter yearly as above provided for or within ten days al^er each and 
 •very payment snail become due, then, in that case, it shall bo Ihe duty of the officer to pro 
 ce«d snd »eil naid homeBtend in tli« same manner as is provided In other cases for the sa!e 
 
 of re"i --' ..r.-iM,!. ,1 -,,,i, I «-•,.., I hIihH not be sold for less than iu appraised value, 
 
 and' ilie said homestead to be re-apprai.-ed onre in two 
 
 yeiir- r in the second sertion of tKis act, and the said rent 
 
 shaJ , .) ill accordance with the said re-appraisement, but 
 
 In cas'- ■):<■ »iii.l. not 111! liny such re-anpraisement be appraised at least one 
 
 Hundred dc i the next previous appraisement, llie costs of such re-appraise- 
 
 ment shall 1/ ;.laintiff in execution. 
 
 The provi„,.,,,, • ->■■■■■ ••■•' -Mend to any judgment or decree rendered on any 
 
 contract made be f" f this act, or judgment or decree remlered on any 
 
 note or mortga»;e e \ r and his wife, nor any claim for work and labor less 
 
 tliiui one buriirert ihe lien by morljiago or otlierwise of the vender for 
 
 (juestion, nor of any mechanic or other person, un« 
 
 1 furnished or labor performed In the erection of 
 
 payment of taxes due ihereon. 
 
 . - ni..i. II,.,... .,,,.,. r an^ mort;:age hereafter executed and which shall 
 
 o«»i I . < ut»"d by tli«5 wite of such debtor. If ho have one, shall in any manner 
 
 •ffer -lid debtor's wife or family to have a homestead set off under the pre 
 
 risK.r 
 
 Nothing in ihiN act conUlned shall be so constmed as in any way to Impair the rig^ht Of 
 do7«r, u it DOW exists, or tbo mode provided by law for en'furcioK the righu 
 
308 SPECIAL LAWS GF OHIO. 
 
 Chattel Moitgages. 
 
 These must be imniedialely depositf^d with the coumv recorder wlien executed iu a ehtre 
 tiiwii, or with the eierk of the township where the mortgager resides^, or if lie be not a r^■S' 
 Kit nt where the property inortgas;ed is at tlie time of the execution of the mortfia;?e, or they 
 
 will be void. Sucll record is valid for nnei T/nnv nn1w 
 
 Law regulating Contracts. 
 
 No action shall be broug-ht whereliy to charge the defendant, upon f.ny sppcial promise, 
 to answer for the debt, default, or miscarriage, of another person; or to charge any execu- 
 tor or administrator, upon any special promise, to answer dumatres out of liia own estate; 
 or to charge any person, upon any agreement made upon consideration of mHrriage; or 
 upon any contract or sale of lands, tenements, or hereditaments, or any interest in or con- 
 cerning them; or upon any agreement that is not to be performed within the space of one 
 vear from the making thereof; unless the agreement upon which such action shall be 
 brought, or some memorandum or note thereof, shall l)e in writing and signed t)y the party to 
 be charged therewith, or some other person thereunto by him or her lawfully authorized 
 
 Mechanics' Lien. 
 
 Any person who shall perform labor, or furnish materials or machinery, for constructing 
 altering, or repairmg, any boat, vessel, or other water-craft, or for erecting or repairiu"- any 
 house, mill, manufactory, or other building or appurtenance, by virtue of a contract or agree- 
 ment with the owner thereof, shall have a lifen to secure the payment of the same, upon such 
 boat, vessel, or other water-craft, and upon such house, mill manufactory, or other Duildins' 
 or appurtenance, and the lot of land upon vvhicn the same shall stand. 
 
 Every mechanic, or other person, doing or performing anv work toward the erection or re- 
 pair of any house, mill, manufactory, or other building or appurtenance, or the construction, 
 alteration, or repair, of any boat, vessel, or other water-craft, erected under a contract be- 
 tween the owner thereof and the builder, or other person, whether such work shall be per- 
 formed as journeyman, laborer, cannan, sub.contr;ictor, or otherwise, or any person who shall 
 furnish malerials for work eo done, or materials so furnished, has not been paid and satisfied, 
 may deliver to the owner of such building, or vessel, an attested account of the amount and 
 value of the work and labor thus performed, or the materials thus furnished, and remaining 
 unpaid, and thereupon such owner shall retain out of his subsequent payments to the contract- 
 or, the amount of such work or labor, for the benefit of the person so perfortnin" the same 
 
 Any person entitled to a lien under this act, shall make an account in writing of the item 
 of labor, skill, material, and machinery furnished, or either of iheni. as the case may be, and 
 after making oath thereto within four months from the time of performing su*h labor and 
 Bkill or furnishing such material and machinery, shall file the same in the recorder's office 
 of the county in which such labor, skill, and materials, shall have been furnished, which 
 account, so made and filed, shall from the commencement of such labor or the furnishing 
 such materials, and for two years after the completion of such labor or the furnishing of 
 such materials, operate as a lien on the several descriptions of structures and building's and 
 the lots on which they stand, in the first section of this act named. When any labor has 
 been done or materials furnished as provided on a written contract, the same, or a copy 
 thereof, shall be filed with the account herein required. 
 
 Limitation of Actions. 
 
 An action for the recovery of the title, or possession of lands, tenements, or hercdita 
 ments, can only he brought within twenty-one yeans after the cause of such action shall 
 have accrued. Persona under twenty-one years of age, married worpen, insane, or im- 
 piisoned, have the time extended to within ten years after such disability is removed. 
 
 An action for the forcible entiy and detention, or forcible detention only, of real prop- 
 erty, can only be brought within two years aft.-r the cause of action shall have accrued. 
 
 Civil actions other than for the recovery of real property, can only be brought within 
 the following poiiods after the cause of action shall have accrued :— 
 
 An action upon a specialty, or any agreement, contract, «or promise in writing, within 
 fifteen years ; upon a contract not in writing, express or implied, an action upon a liabil- 
 Ity created by statute, other than a forfeiture or penalty, within six years. 
 
 An action for trespass upon real property; f(jr taking, detaining, or injuring personal 
 property, including actions for the specific recovery of personal property ; for an injury 
 to the rights of the plaintiff, not arising on contract, and not hereinafter enumerated ; for 
 relief on the ground of fraud ; the cause of action in such case shall not be deemed to 
 have acci-ued until the discovery of the fraud ; within four years. 
 
 An action for libel, slander, assault, battery, malicious prosecution, or false imprison- 
 ment ; an acticm upon a statute for a penalty or forleiture, within one year, unless a dif- 
 ferent limitation be prescribed in the statute giving such action. 
 
 An action upon the official bond or uudertiiking of au executor, administrator, guard- 
 
SPECIAL LAWS OF OHIO. 309 
 
 inn, fbnriff, or nny oflior officpr ; or upon tliP bond or midtrttiking siven in attncliment, 
 iiijunption, nrri-st, or in any c.iso what vpr riouircil liy statute, ran only be broiigiit 
 wiMiin fin vf-ars wfter the cause of action shiill liave accrued ; unless, in epecial cases, a 
 diffivent limitation ^s presumed l>y atntute. 
 
 An action (or relief, not hereinl)erore provided for, cnn only be brought within ten 
 years after the cause of action eball h;ive accrued. 
 
 If a jxTfon, entitled to bring nny action mentioned in this act, except for a penalty, or 
 forfeiture, be, at the time the cause of action accrued, within the age of twenty-one years, 
 a nmrried womnn, insane, or impri"oni^d, every puch pi'r*=on shall be entitled to bring 
 such action within the respective times limited after such disability sliall be removed. 
 
 If, when a cause of action accrues againFt a person, he be out of the state, or have ab- 
 Scnnded, or concealed himself, the period limited for tlie commencement of the action 
 Bhall not U^'.Hn to run until he comes into the state, or while he is so absconded or con- 
 cenlfd ; and W, after tlie canf=e of action accrues, he depart from the state, or abscond, or 
 conceiil hinis' If th»' time of his absence or concealment shall not bo computed as any 
 part of the p'>riod withhi which the action must be brouaht. 
 
 Where the cause of action has arisen in another state or country between non-resi- 
 dents of this state, and by the laws of the state or country where the cause of action 
 arose, an action can not l>e maintained thereon by reason ot lapse of time, no action can 
 be maintained thereon in this state. 
 
 If an action be commenced within due time, and a judgment therein for the plaintitT 
 be revercoil, or if the plaintiff' fail in such action otherwise than upon the merits, and tbo 
 time limit>-d for the same shall have expired, the plaintilf, or, if he die and the cause of 
 action survive, his represontjitives may commence a new action, within one year after 
 Bueh reversal or failure. 
 
 In any ens*' founded on contract when any part of the principal or interest shall have 
 been paid, or an acknowledi'mfnt of an existing liability, d<'bt. (u- claim, or any promise 
 Ut pay the same, shall have been ntade in writing, and signed l)y the pr.rty to be charged 
 th'Teby. an action may be brought on such case within the period prescribed lor the same, 
 after such.pnyment, ucknowlcdgnient, or promise. 
 
 Collection of Debts. 
 
 Abbest. — A defendant in a civil action can be arresttid before and after judgment in 
 the f.illdwing manner only : 
 
 The clerk will make an order of arrest where an affidavit of the plaintiff, his agent or 
 nftorney, made in this state, is fibd, stJiting the nature of the plaintilf' s claim, that it is 
 just, and the amount then-of, and establishing one or more of the following particulars: 
 1st. That the defendant has removed or began to remove any of his property out of the 
 juiisdiction of the court with intent to defraud his creditors ; 2d, That he lias pro|)eriy 
 or right of action which he fraudulently conceals; 3<i. That be has assisned, rcmovedj 
 or disposed of. or hiis be^-un to dispose of liis property, or a part thereof, with intent to 
 defraud his creditors : 4lh. That he fraudulently contracted the debt or incurred the ob- 
 licatiuu for which tin; suit is about to be or has been brought. y 
 
 ArxACHMKNT. — The plaintift" may, at or alter the commencement of an action, have 
 an attachment against the property of the delendnnt, upon establishing any of the causes 
 upon which an order i>f arrest wouUI i-sue, and also for Ohe or more of the folluwing 
 causes : Ut. When the dcfi-ri'tant is a non-roidrnt of the state or is n foreign corpora- 
 tion ; 2d. When' he has absconded with intent to defraud his creditors ; 3(1. When he 
 has left the county of his resideruc to avoid the servic*,' of a summons ; 4th. When he 
 ■o conceals himi<elf that n sutnnuius can not be Sfivtrd upon him. 
 
 An attacbrnt-nf can issue upon an afli bivit sioular to that fiu' an order to arrest. 
 
 A wtiiten undertjikini; witli security that the plaiiititf shall pay the def(>ndant all dnina< 
 ges. if lb. r.rr. -t .,r :,: ■;,,;. ,11. ti 1 i ., wrongtully obtained, must first b«! given. 
 
 Cr' according to the ord.r In which their attachments issue. 
 
 AH ■ licks, &c., may be attached. 
 
 Th' i ged upon the d»f(>ndant giving bail. 
 
 No person is <l,6qiin;iti. <1 a-* a witness by reason of his iiit«;rest as a party or otherwise. 
 Either plaiotiffor defendant may be examined as a witness, either lor or against himself. 
 
 Deeds. 
 
 A nrv^n-t ,.fit.,. ,.,.„ .„,.,■ I -.1 :..,.r.,„l ofasenfP* 
 
 A ' ■» : be f igned and sealed by the grntitors, and such 
 
 signi !>• two' witnessfs, who xhall alteHt such signing 
 
 and" _. .....;...... In such alti?»t«li<ui, and such signing and sealing, 
 
 nlAo iickiii>wl<>dg«iil by tlt» KrHiiiur* Itefure a Judge of tlio supreme court, of coTunion 
 
310 SPECIAL LAWS OF OHIO. 
 
 plf'fls, tiolnry public, a justice of the peace, within the county in which hfi may reside, 
 mayor or other presiding officer of any incorporated town or city, who shall certify such 
 i»ci?iiowlodgm(^nt on the same sheet on whiaii euch deed, &c., may be pi inted or written. 
 
 When a husband and wife, she being eighteen years yf age or upward, shall execute 
 within this state any deed, &c., for the conveyance or incumbrance of the estate of tho 
 wife or her right of dower in any lands, &c., situate within this state, such deed, &c., 
 shall be 6io;ned and sealed by the husband and wife, and such signing and sealing shall 
 be att<?8tea and acknowledged in the manner prescribed in section first; and in addition 
 thereto, the officer before whom huch acknowledgment shall be made shall Rxamine iho 
 wife separate and apart from her husband, and shall read or otherwise make known to 
 her the contents of such deed, mortgage,orother instrument of writing ; and if, upon such 
 separate examination, she shall declare that she did voluntarily sign, seal, and> acknowl- 
 edge the same, and that she is still satisfied tht'rewith, such officer shall certify such ex- 
 aiiiiiKiiion and declaration of the wife, together with the acknnwlrdgment as aforesaid 
 on i^uch deed, &c., and subscribe his name thereto. 
 
 All deeds, powers of attorney, &c., for the conveyance or incmnbrance of landa, 
 &c., situate within this state, executed and acknowledged or proved in any other state, 
 territory, or country, in conformity with the laws of such state, (fee, or of this state, 
 shall be as valid as if executed within this state, in conformity with this act. 
 
 The governor of the state may appoint connnissioners to take acknowledgment of 
 deeds, depositions, &.C., residing out of the state to convey lands, or to be used in the 
 state. 
 
 Form of Aclotowledgment. 
 State of Ohio, ) „, 
 
 Cuyahoya County, J • April 24, 1851. 
 
 Personally appeared Sam FItll and Mary hit wife, who acknowledged that they did 
 siyn and seal the foregoing iustrumeut, and that the same is their iree art and deed. 
 
 I further certify that I did examine the said Mary Hill separate and apatl from her said 
 himound, and did then and there make known to her the contents of the forei^oing instrument ; and 
 upon that cxtimination sfte declared tJiat she did voluntarily siyn, seal, and acknowledge the same, 
 and that she was still sati^ied therewith. (Seal.) JOHN ROGERS, Notary. 
 
 Rights of Married Women." 
 
 Tlie interest of any married man in the real estate of his wife, and the interest he may 
 have in any chose in action, demand, legacy, or bequest of his wife unless tho same 
 shall have been reduced to possession, together with all articles of furniture of hers 
 given her by bequest or otherwise, or bought with her money, before or after marriage, 
 are exempt from liability for the husband's debts. 
 
 DowEB.— A widow is endowed of one full and equal third part of all the lands, tene- 
 oients, and real estate, of which her husband was seized at any time during tlie coverture. 
 
 Hate of Interest. 
 
 The legal rate Is six per cent. On written agreement, any rate as high as ten per 
 oent If more be reserved, the excess is void. 
 
 Wills. 
 
 Any person of full age and sound memory, having an interest in lands, tencmenta, or 
 hereditameirts, or any annuity or rent charged upon or issuing out of the same, or any 
 goods, chattels, rigiits, credits, choses in action or possession, or any other property of 
 any description whatever, may give and devise the same to any person, by last will and 
 testament, lawluily "executed. 
 
 Every last will and testament (except nonrupative wills), shall be in writing, and 
 signed at the end thereof, by the party making tho siwne, or by some other person in 
 his presence, and by his express direction, and shall oe attested and subscribed in the 
 piesence of such party, by two or more competent witnesses, who saw the testator sub- 
 Bcrilje, or heard him acknowledge tht; same. 
 
 A verbal will, made in tiie last sickness, shall be valid in respect to personal estate, if 
 reduced to writing, and subscribed by two competinit disinterested witnesses, within 
 ten days after the speaking of tflp testamentary words ; and if it be proved, by said 
 witnesses, tliat the testator was of sound mind and memory, and not under any restraint, 
 and •> ailed upon some person present, at the time the testamentary words were spoken. 
 to bear testimony to said disposition as his will 
 
P»'E« lAL I.AU'S OJ' MHIIJGAN. 311 
 
 MICHIGAiN. 
 
 Coastitution adopted 1850— Square Miles 50,243— Population in 1850, 395,579. 
 
 "• Exemptions. 
 
 Thk following property la exempt from levy and 
 sale under any execution or upon any otiier ijiial pro- 
 cess of a court. All spinning-wheels, weaving-looms, 
 with the apparatus, ami stoves put up or kept for use 
 in any dwelling-house ; a seat, pew, or slip, occupied 
 by any person or family, in any house or place of wor- 
 sliip; alJ cemeteries, tombs, and rights of burial while 
 ^^ >-. ^" ^^^ ^^ repositories of the dead ; all arms and accoa- 
 
 ? '!' ■ , ■.-■/'t'M trements required by law to be kept by any person ; 
 ►'^'iSlSS^^J^Ia *" wearing apparel of every perscjn or family ; die li- 
 ^JeJBM im^vW^M brary and school books of every individual and family, 
 not exceeding one hundred and fifty dollars, and all 
 family pictures. To each liouseholder, ten sheep with their Heeces, and the 
 yarn or cloth manufactured from the same; two cows, five swine, and provisions 
 and fuel for the conifortable sulisistence of such householder and family for six 
 months; to each householder all household goods, furniture, and utensils, not ex- 
 ceeding in value two hundred and fifty dollars; a sufficient quantity of hay, grain, 
 feed, and roots, for properly keeping for six months the animals exempted aa 
 aforesaid ; and any chattel mortgage,- bill of sale, or lien, created on any property 
 exempted, except what is specified in the next section, shall be void unless the 
 same is signed by the wife. 
 
 Tbe tools, implementa, materials, stock, apparatus, team, vehicle, horse, har- 
 ness, or other things, to enable any person to carry on the profession, trade, occu- 
 pation, or business, in which he is wholly or principally engaged, not exceeding 
 ut value two hundred and fifty dollars.* 
 
 By the corstitution, the personal property of every reei<lent of this slate, to con- 
 sist of such property only as shall ha designated by law, shall be exempted to tlie 
 amount of not les.^ than five hundred dollars, from sale on execution or other final 
 process of any court issued for the collection of any debt contracted after the 
 adoption of this constitution, January 1, 1851. 
 
 Homestead-Exemption Law. 
 
 A HOMESTKAD consisting of any quantity of land not exceeding forty acres, and 
 the dwelling-houKC thereon and its appurtenances, to be selected by the owner there- 
 of, and not niduded in any^ccorde«l town -plat, or city, or village ; or instead there- 
 of, at the o[)tion of the owner, a quantity of land not exceeding in amount one lot, 
 being within a reccjrded town jdat, or city, or village, and the dwelling-house 
 thereon and its ai)partenance8^owned and occupied by any resident of this state 
 Dot exceeding in value fifteen hundred dollars, by the constitution of 18.51), shall 
 o«t be subject In fort-ed sale ou exot;ution, or any other final process from a court, 
 for any debt or debts, growing out of or founded upon contract, either express or 
 implied, made after the thinl day of July, in the year of our Lord, mte thousand 
 eight hundred and forty-eight. Said homestead is «xen)pl during the minority 
 of his. children, and if no children but widow, it shall be exempt, and rents and 
 profits thereof shall accrue to her during her wi.inwlioo*!, unless she is the owner 
 of a homertead in her own right — provided cither shall actually occupy it, 
 
 • Tbe property exempiijd In tMt <iivlatun, except mechnnlcnl tool*, and tmpleinents oi 
 hnshasdry, aru not exempt fruin execution in Jud|;meul fur purcltuae-nioney ofine tame 
 
312 
 
1 MISII©!.!" ""' 
 
 #'<:^%4^w4^'^^w4^'4'4^w<2J^ 
 
3M SPEriAI. [,A\VS OF MICllIOAN. 
 
 Surh exemption shall not extend to any mortgage thereon lawfully obtainod 
 but such mortgage or other alienation of such land by the owner thereof, if a laai^ 
 ru;d man, shall not be valid without the atrnature of the wife to the sarae. or- 
 lt«s such mortgage shall be given to secure the payment of the purchase-money 
 or some portion thereof. 
 
 Whenever a levy «ihall be made upon the lands or tenements of a householder, 
 whose homestead has not been selected and set apart by metes and bounds, such 
 householder may notify the officer, at the time of making such levy, of what ho 
 regards as his homestead, vrith a description thereof, within the limits above p.-o- 
 scnbed, and the remainder alone shall be subject to sale under such levy. 
 
 If the plaintiff in execution shall be dissatisfied with the quantity of land se- 
 lected and set apart as afi>resaid, the officer makmg the kvy shall cause the sama 
 to be surveyed, beginning at a point to be designated by the owner, and set off 
 tn a impact form, mclnding the dwelling-house and its appurtenances, the amount 
 Hpecified m the first section of this act. and the expense of naid survey, shall b© 
 chargeable on the executbn, and collected thereupon. 
 
 After the survey shall have been made, the officer making tbe levy may sell 
 the property levied upon, and not included in the set-off, in the same manner aa 
 provided in other cases for the sale of real estate on execution ; and in giving a 
 deed of tlie same, he may describe it according to his original levy, excepting 
 therefrom by metes and bounds, according to the certificate of the survey, the 
 quantity set oft' as aforesaid. 
 
 Any person owning and occupying any house on land not his own, and claim- 
 biu' such house as his homestead, shall be entitled to the exemption as aforesaid. 
 
 Nothing in this act shall be considered as exempting any real estate from tax- 
 vuou or sale for taxes. 
 
 Mechanics' Lien. 
 
 Evert building shall be subject to the payment of the debts contracted for 
 work or material in the erection and construction thereof, when the building or 
 any part thereof, is constructed under contract entered into by the owner with 
 any person to do work or furnish materials ; provided such lien shaU not attach 
 milesa the contract is made in writing and signed by the owner of such building 
 f>r by some person duly authorized by him, and recorded in the registry ofdeeda 
 for the.county where the land Kes. 
 
 Every person furnishing labor or materials for erecting or repairing any baild- 
 ini,' or the appurtenances thereof by contract with the owner of any piece of land» 
 siiall have a lien on the whole piece of land, not exceeding one hundred and sixty 
 aires, for the amount due hnn therefor ; provided tbe contract is in writing, and 
 signed by the owner of the land or some one duly authorized by him, and re- 
 corded in the registry of deeds for the county where the land lies. 
 
 The lien ceases at the expiration of six month.-? after the time when the money 
 or the last instalment shall become payable, unless a suit ahall have been com- 
 noenced to enforce such lien within said six months. 
 
 Chattel Mortgages. 
 
 Every such mortgage shall ceaBS to be valid, as against the creditors of the 
 person making the same, or subsequent purchasers and mortgages in pood faith, 
 afier the expiration of one year from the filing of the same, or a copy thereof, 
 onlees within thirty days next preceding the expiration of the year, the niort- 
 p.tgee, his agent or attorney, shall make and annex to the instrament or copy on 
 file as aforesaid, an affidavit, setting forth the interest which the mortgagee has, 
 by virtue of said mortgage, in the properly therein mentioned ; upon which affi- 
 «|avit the township or ciiy-clevk ehail endorse the time when the same was 
 filed ; Provided, That such affidavit being made and filed before any parcbase 
 of such mortgaged property shall be made, or other mortgage received or lien 
 obtained thereon in pood fuith. ehnll be as valid to continue in effect such mort- 
 gage, ns if the oame were made and filed within the period as »bove provided. 
 
SFElMM. I. A US Of MinilGAN. 315 
 
 Law Regulating Contracts. 
 
 1m the following cases, every agreement, contract, and promise, shall be void, 
 nnie«8 Uie same, or some note or memorandum thereof, be in writing, and signed 
 by the party to be charged therewith, or by some person thereunto by him law- 
 fully authorized : — 
 
 1. Every agreement that, by its terms, is not to be performed in one year from 
 the making thereof. 2. Every special promise to answer for the debt, default, or 
 misdoings of another person. 3. Every agreement, promise, or undertaking, made 
 ayton conBideralion of marriage, except mutual promises to marry. 4. Every 
 s[)ccial promise made by an executor or administrator to answer damages out of 
 bis own estate. 
 
 No contract for the sale of any goods, wares, or merchandise, for the price of 
 fifty dollars or more, shall be good or valid, unless the purchaser shall accept nnd 
 t jceive part of the goods so sold, or shall give something in earnest to bind the 
 bt-rgain, or in part payment, or utiless some note or memorandum in writing of 
 the bargain be n)ade and signed by the party to be charged thereby or by some 
 jjerson thereunto by him lawfully authorized. 
 
 No action sh.-ill be broujiht to charge any person upon or byTeason of any favor- 
 able repre«;ntation or assurance made concerning the character, conduct, credit, 
 ability, trade, or dealings, of any other person, unless such representation or as- 
 surance be made in writing, and signed by the party to be charged thereby, or 
 by some person thereunto by him lawfully authorized. 
 
 ' The consideration need not be expressed in such written contract, note, or 
 memorandum. 
 
 Limitation of Actions. 
 
 Thk following actions mu.st be brought within six years after the cause of 
 action accrues : — 
 
 1. All actions of debt, founder! upon any contract or liability not under seal, 
 except such as are brought upon the judgment or decree of some court of record 
 of the United Slates, or of this or of some other of the United States. 2. All 
 actii)nfl upon judgments rendered in any court other than those above excepted. 
 3. All actions for arrears of rent. '4. All actions of assumpsit or upon llie case, 
 fimnded on any contract or liability, expr'^ss or implied. 5. All actions of waste. 
 6. All ariitjiis of r»'pl(!vin and trover, and all other actions for taking, detaining, or 
 injurin»f, goods or chattels. 7. All other actions on the case, except actions for 
 slanderous won Is r)r for libels. 
 
 All actions for trenpass upon land, or for nssnnit and battery, and for false im- 
 pristuioient, and slanderous words and libels, shall be commenced within two 
 years. 
 
 All f»en»nal actions upon other contracts must be brought within ten years, and 
 Dot after. 
 
 Infants, femme covertn, penmns insane, imprisoned, or absent from the United 
 Stales, at tlwj time any caum> of action accrues on their behnlf, may hr'mc. the 
 same within the limes respectively limited after the removal of th<.ir disability. 
 The ff)ref?oin« limitations do not apply to bills or notes issued by a bank. 
 Ill roses of mutual account, the cause of action shall be deemed to have ac- 
 crut'd at the lime of tlie Inst item proved. 
 
 When any person is absent from the state at the time a cause of action accmet 
 agaiiial him. or suimc'lucntly leaves the state, such [leriod of absence is not to be 
 computed. 
 
 In actions n|Kin any contract, no pr^jmiw or acknowleJtgment nhnll take a cawj 
 out of llie operation of the statute, unUjss the same is made or contained by or in 
 •ome wrilinjr.; nor ran one of two or more joint contractors or executors deprive 
 Uwi other of ihe benefit of the statute, by any written ncKnowledifmcnl 
 
316 SPECIAL LAWS OF MICHIGAN. 
 
 Collection of Debts. 
 
 Arkkst — No person shall be arrested on demand arising ont of cont»act, ox- 
 cepl promises to marry, or for moneys collected by any pul)lic officer, or for any 
 misconduct or neglect in office or in any professional employment, auless satisfitc- 
 tory evidence is adduced by the affidavit of the plaintiff" or some other person, that 
 th.>re is a debt due the plaintiff from the defendant, specifying the nature and 
 amount thereof as near as may be, for which the defendant can not be arrested, 
 and establishing — 
 
 1. That the defendant is about to remove any of his property out of the juris- 
 diction of the court in which suit is brought, with intent to defraud his creditors ; 
 or, 2. That the defendant has property, or rights in action, or some interest in any 
 public or corporate stock, money, or evidence of debt, which he unjustly refuses 
 to apply to the payment of such judgment or decree as shall have been rendered 
 agiiinst him, or which he fraudulently conceals ; 3. That he has assigned, re- 
 ► moved, or disposed of, or is about to dispose of, any of his property or rights in ac- 
 tion, with the intent to defraud his creditors; or, 4. That the defendant fraudu- 
 lently contracted the debt or incurred the obligation respecting which suit is 
 brought. 
 
 Attachmknt. — Upon an affidavit being made by the creditor or some person 
 in his behalf, stating that the defendant is justly indebted to the creditor in a sura 
 therein mentioned according to the belief of the deponent, and being more than 
 one hundred dollars, and that the same is due upon a contract, express or implied, 
 or a judgment rendered on such contract ; and further, that, deponent knows or 
 has good reason to believe, either — 
 
 1. That the defendant has absconded, or is about to abscond, from this state, or 
 that he is concealed therein to the injury of his creditors ; 2. That defendant has 
 assigned, disposed of. or concealed, or is about to assign, dispose of, or conceal, 
 any of his properly, with intent to defraud his creditors; 3. That defendant has 
 removed, or is about to remove, any of his property out of this state, with intent 
 to defraud his creditors ; 4. That he fraudulently contracted the debt, or incurred 
 the obligation, respecting which, suit is brought ; 5. That the defendant does not 
 reside in this state, an-i lias not resided therein for three months immediately pre- 
 ceding the time of making application for such attachment ; or, 6. That defend- 
 ant is a foreign corporation. 
 
 The clerk of the circuit court shall issue an attachment against the goods, chat- 
 tels, lands, tenements, riglits, credits, moneys, and effects, of the defendant. 
 
 Deeds. 
 
 Conveyances of lands, or of any esja»e or interest therein, may be made by deeds, 
 figned and sealed by the person from whom the estate or interest is intended to pass, 
 being of lawful age, or by his lawful agent or attorney, and acknowledged or proved and 
 recorded as directed (below), without any other act or ceremony whatever. 
 
 A husband and wife may, by their joint deed, convey the real estate of the wife, in like 
 manner as she might do by her separate deed, if she were unmarried ; but the wife shall 
 not be bound by any covenant contained in such joint deed. 
 
 Deeds executed within this state, of lands, or any inte~^8t in lands therein, shall be 
 executed in the presence of two witnesses, who shall subsci Ibe their names to the same 
 fl^ such, and the persons executing such deeds may acknowledge the execution thereof 
 before any judge or commissioner of a court of record, or before any notary public, 
 justice of the peace, or master in chancery within the state, and the officer taking such 
 acknowledgment, shall endorse thereon a certificate of the acknowledgment, and the 
 time and date of making tlie same, under his hand. 
 
 If any such deed shall be executed in any other state, territory, or district, of the Uni- 
 ted States, such deed may be executed according to the laws of such state, territory, or 
 district, and the execution thereof may be acknowledged before any judge of a court 
 of record, notary public, justice of the peace, master in chancery, or other officer au- 
 thorized by the laws of such state, territory, or district, to take the acknowledgment 
 of deeds therein, or before any commissioner appointed by the governor of this state 
 for such purpose. 
 
SPECIAL LAWS OF MICHIGAN. 317 
 
 In the cnses provided for in the last pre ceding pection, unless the ackuowledgmctit D€ 
 taken before a commissioner app<jinted by the governor of this stixte for that purjiose, 
 Biich deed shall have attached thereto a certificate of the clerk, or other proper certify 
 lug officer of a court of record of the county or district within which such acknowl- 
 edgment was taken, under the seal of his office, that the person whose name is eiib- 
 Bcribed to'the certificate of acknowledjrment was at the date thereof, such officer as he 
 is therein represented to be, tliat he believes the signature of such person subscribed 
 thereto 6^ be genuine, and that the deed is executed and acknowledged according to the 
 laws of such stale, territory, or district. 
 
 It' auch deed be executed in any foreign country it may be executed according to the 
 laws of such country, and the execution thereof may be acknowledged bef(jre any no- 
 tary public therein, or before any minister plenipotentiary, minister extraordinary, min- 
 ister refiident, charge d'affaires, commissioner, or consul of the United States, appointed 
 to reside therein ; which acknowledgment shall be certified thereon by the officer taking 
 the same, under his hand, and if taken before a notary public, his seal of office shall be 
 affixed to such certificate. 
 
 When any married woman residing in this state, shall join with her husband in a 
 deed of conveyance of real estate, situate within this state, the acknowledgment of the 
 wife shall be taken separately, and apart from her husband, and she shall acknowledge 
 that she executed such deed freely and without any fear or compydsion from any one. 
 
 When any marrifd woman not residing in this state, shall join with her husband in 
 any conveyance of real estate, situate within this state, the conveyance shall have the 
 same effect as if she were sole, and the acknowledgment or proof of the execution of 
 Buch conveyance by her, may be the same as if she were sole. 
 
 Deeds must be recorded by the register of deeds in the county where the lands lie. A 
 Bcrawl of the pen may be used as a seal. 
 
 Furm of Acknowledgmeitt, 
 Slate of Michigan, ) 
 
 ■ Coiiniy of Wayne, ) • 
 Be }i rcintriliered, that on this eighteenth day of March, one thousand eight hundred and 
 fifty-one, l)»'tore (ne, JoriN JoNKs, a notary public in and for said county, personally came the 
 abtne (ur within) named Joii.v Doe, and Susan Doe his Ihife, known to me to l)e the persona 
 whii exeruied \\\t' foretjointj instrument, and acknowledged Jhe sanie to be their frtse act and 
 dec(f ; and the unid .Sl'sa.m, itnfe of the said John DoE. on a private examination, he/ore me, sejt. 
 urate and ajMirt from her mid husband, acknoioledged thai the executed the same freely, and with- 
 out any fear or com pulrion from any one. 
 
 (ScU of OJJicer.) JOHN JONES, Notary Public 
 
 Rights of Married Women. 
 
 All j>rnpprty acquired by any female before mnrriftge, or to which she may beentiib-d 
 afterward, continues her sepnrate property, and i« not liable for her husband's debtn, 
 but is linbl.' for her own debts contracted l>efore nmrriage. 
 
 Tborwd and personal estate of every female ncquin?d before mnrringe, and all prop. 
 eity to which she mnv afterward become entitled l.y gift, grant, inheritance, or d<vi>=e, 
 sIkiII be and remain the ebtate and property of such female, and shall not be liable (or 
 the d.bts, obligatiuns, or engngements, of her husband, and may bo devised and be- 
 qupiirb< (i by her, and may be <'ontriicted, sold, transferred, mortgaged, and conveyed 
 In like m»inn<T as if she w<re unmarried. 
 
 Actions may be bronaht by and against a married woman in relation to bor sole prop- 
 Ttv in the sitme manner as if she were unmarried. The husband is not liable to be 
 d iipon any contract miide by his wife relating to her sole property. 
 
 l)owKR — Ihe wife is eniiiled to dower in nil lands of which her husband was seized 
 ui an ef!-i!e <.t inheritj.nee during coverture, if not released by her. 
 
 Rate of Interest. 
 
 Thr legal rate i« seven per cent., with periniseion to agree upon any rate not higher 
 tJinn t»n per cent, for a loan of money. Contracts arc only void lor the excess bi-yond 
 
 tliiH ri.ti'. 
 
 Wills. 
 
 WiLtf must he in wrlttnar, dubscribcd by the testator, or by some person In his pres- 
 ence and by bin rxprefn* direction, attented and subscribed in the presence of the le«la. 
 tor by two or more conapcteiit witnussea. 
 
 21* 
 
"^^ C^JplO D^WO DJII^ C^^ 
 
 319 
 
320 SPECIAL LAWS OP INDIANA. 
 
 INDIANA. 
 
 Constitution adopted, 1851.— Square Miles, 33,809.— Population in 1850, 988,476 
 
 Household and Homestead Exemptions. 
 
 1. An amount of propprty not exceeding in value' three 
 hundred dollars, owned by any resident householdci-, shall 
 not be liable to sale on execution or any other final i)roce93 
 from a court, for any debt erowdng out of or founded upon 
 contract, express or implied, after the fourth of July, 1852. 
 
 2. The said property may be real or personal, or both, aa 
 the debtor may elect. 
 
 3. No mortgage or sale of any real estate exempted under 
 the provibions of this act, shall be valid, if execHted by a 
 married man, unless the deed be acknowledged by the wife 
 in due form of law. 
 
 4. Such exemption shall rot affect any laborer's or mo- 
 chanic's lien, nor lien for purchased money of real estate 
 exempted under this act. 
 
 5. For the appraisement of any property to be exempted under the provisions of this 
 Bct, two disinterested householders of the neighborhood shall be chosen, one by the plain- 
 titf, his agent, or attorney, and one by the execution debtor, and these two in cases of 
 disagreement, shall select a third ; and in case either party fails to select an appraiser, the 
 same shall be selected by the officer holding the execution. 
 
 6. Such appraisers shall proceed forthwith to make a schedule of the real and per- 
 sona! property selected by the debtor, describing the real estate by metes and bounds, and 
 the personal property by separate items, affixing to each the value they agree upon ; and 
 they, or a majority of them, shall affix to the schedule so made an affidavit in substance 
 as follows: "We the undersigned, swear that in our opinion, the above is a just cash 
 valuation of the jjroperty therein described." 
 
 7. Such schedule shall be delivered t(j the officer holding the execution or other pro- 
 cess, and shall be by him returned with such execution, or other process, and made part 
 of such return. 
 
 8. Each appraiser, for his services, shall be allowed the sum of fifty cents to be paid by 
 the execution debtor. 
 
 9. If any execution debtor shall claim property as exempted by virtue of this act, ha 
 shall elect whether he will claim personal or real property, or both, and shall designate 
 the property so claimed. 
 
 10. If such claim uiclude personal property only, the officer holding such execution 
 shall cause the same to he appraised and set apart to the debtor, and shall proceed to se! 
 such other property, if any, as may be liable to said writ, according to law. 
 
 11. If any such claim inclitde both personal and real property, the officer shall proceed 
 to have such personal property valued and shall set the same apart to the debtor ; he 
 shall then cause the real property claimed as aforesaid to be valued ; and if the same to- 
 gether with the personal property set apart, shall exceed three hundred dollars, the debt- 
 or shall within sixty days thereafter, pay such excess, or enough to satisfy the execution , 
 and if lie fail to do so, the officer shall proceed to sell the same as other lands are sola on 
 execution if his writ shall authorize the sale of real property ; but making such sale, he 
 shall receive no bid therefor, unless it exceed the difference between three hundred 
 dollars and the personal property so valued and set apart ; and if he shall sell ^id prop- 
 erty, Jie shall pay over to the debtor the amount of said difference, and apply so much of 
 the remainder on the execution as shall satisfy the same, and the overplus, if any shull 
 be paid to the debtor or other party having the next right. 
 
 12. If the claim include real property only, the same shall be valued, and if it exceed 
 three hundred dollars, it shall be dealt with as is specified in respect to real property iu 
 tlie last preceding section. 
 
 13. In all cases in which real property is sought to be exempted from sale on execution 
 if such real property is susceptible of division by metes and bounds, without material in- 
 jury thereto, it shall be so divided as to exempt the principal dwelling-house or home- 
 stead of the debtor. 
 
 14. Nothiftg in this act shall be considered as exempting any property from taxation or 
 from gale for taxes. ' - 
 
 Only one hundred and twenty-five dollai s' worth of property is exempt from execj 
 tion for debts contracted before July 4rh, 18.")2. 
 
 For MECHANICS' LIEN, see page 32i 
 
SPECIAL LAWS OF liNULVNA. '' 321 
 
 Chattel Mortgages. 
 
 No assignment of eoods and chattels, by way of mortgage or security, or up- 
 on any fondiiion whatever, shall be valid against any other person than the 
 parties thereto, where the possession of such goods and chattels is not delivered 
 to the mortgagee or assignee, and retained by him, unless such assignment shnll 
 be proverl or acknowledged as provided in cases of deeds of conveyance, and 
 recorded in the recorder's office of the county where tlie mortgager or assignor 
 resides, within ten days after the execution thereof. 
 
 Law regulating Contracts. 
 
 No action shall be bronght — 
 
 I. To charge an executor or administrator, upon a special prumise. to answer 
 damages out of his own estate ; or — 
 
 '2. To charge any person, upon any special promise, to answer for the debt, de- 
 fault, or miscarriage, of another ; or — 
 
 3. To charge any person upon any agreement or promise made in considers 
 don of marriape ; or — 
 
 4. To charge any person upon any contract for the sale of lands, tenements, oi 
 hereditaments, or any interest in or concerning them ; or — 
 
 5. Upon any agreement that is not to be performed within one year from tho 
 mnkintf thereof; unless the promise, contract, or agreement, upon which such 
 action sIihII be brought, or some memorandum or note thereof, shall be in writing, 
 and signed by the party to be'charged therewith, or by some perpon there- 
 unto by him lawfully authorized, excepting leases not exceeding the term of 
 three years. 
 
 The consideration need not be expressed in the writing. 
 
 No action shall be maintained to charge any person upon or by reason of any 
 representation or assurance made concerning the character, conduct, credit, ability, 
 trade, or dealings, of any other person, when such action is brought by the person 
 to whom such representation or assurance was made, unless such representation 
 or aMurance be made in writing, and si»;ned by the party to be charged thereby, 
 or by some person thereunto by him lawfully authorized 
 
 No contract for the sale of any goo<l8, wares, or merchandise, fiir the price of 
 fifty dollars or more, shall be good or valid, unless the purchaser shall accept and 
 receive part of such property so sold, or shall give something in earnest to bind 
 the bargain or in part payment, or unless sorao note or memorandum in writing 
 of the bargain be made and signed by the party to be charged thereby, or by 
 •ome person tliereonto by him lawfully authorized. 
 
 Limitation of Actions. 
 
 Actions on accounts and contracts not in writing; for use, rents, and profits of 
 real property; for injuries to property, damages tor any detention thereof, and 
 for recovering the [Mipnession of pergonal j)ropertj^ and for relief against trinnis, 
 lUDHt be rommeiiced within six years after the cause of action has accrued Als", 
 an arfion Mg^ninat an officfjr, or his legal representatives, for money collected in an 
 ofBii ' Mini not paid over, must be brought within six years. 
 
 A /--ifs to person or character, and for a forfeiture or penalty given 
 
 by s *p cnninirnrtd within two years 
 
 A Diiltlif ofllcer. or npninst such nffieer and his sureties 
 
 on :i ,,(a liability incurred by doing an act in an ollicinl 
 
 CM[!( _ ■ I an official duly, must be coinmcnced within three 
 
 3.,-ur«. ' 
 
322 *^ SPECIAL LAWS OF LXDIAxNA. 
 
 Actions for the recovery of real property sold on execution, brought by the exo 
 cution debtor, his heir, or any person claiming under him by title acquired after the 
 date of the judgment, must be commenced within ten years after the sale. 
 
 Actions for the recovery of real property sold by execution, administrators, 
 guardians, or commissioners of a court, before a judgment specially directing the 
 •Bale of property sought to be recovered, brought by a party to the judgment, his 
 lieirs, or any person claiming a title under a party, acquired after the dp.te of the 
 judgment must he commenced within five years after the sale is confirmed. 
 
 Actions upon contracts in writing, judgments of a court of record, and for tho 
 recovery of the possession of real estate, must be commenced within twenty years. 
 
 All actions not limited by any other statute, shall be brought within fifteen years. 
 
 In an action brought to recover a balance due upon a mutual, open, and cur- 
 rent account betweAi the parties, the cause of action shall be deemed to have ac- 
 crued from the date of the last item proved in the account on either side. 
 
 A party to any action may plead as reply a set-off as payment to ihe amount 
 of any cause of action or defence, notwithstanding such set-off or payment is 
 barred by the statute. 
 
 Any person being under legal disabilities when the cause of action accrues 
 may bring his action within tv/o years after the disability is removed. 
 
 The time during which the defeudant is a non-resident of the state, or absent 
 on public business, shall not be computed in any of the periods of limitation. 
 
 Collection of Debts. 
 
 Arrest. — Actions brought for the recoveij of any debt, or for damages only, 
 may be commenced either by the issuing of a capias ad respondendum or by a 
 Bunnnons. 
 
 Special bail shall not be required in any case until the plaintiff, his agent or 
 attorney-at-law, shall make and file, with the clerk or court where suit is insti- 
 tuted, an affidavit specifying the plaintiff's rights to recover an existing debt or 
 damages from the defendant, and also stating that he believes the defendant is 
 about to leave the state of Indiana, taking with him property subject to execu- 
 tion, or money or effects which should be applied to the payment of the plaintiffa 
 debt or damages, with intent to defraud said plaintiff. 
 
 No capias ad respondendum shall be delivered to any officer to be executed 
 until an order for gpecial bail has been obtained and endorsed on such writ. 
 
 Attachment. — The real and personal property of a debtor, being an inhabit- 
 ant of this state, may be attached for the payment of bis debts, whenever such 
 debtor shall be secretly leaving the state, or shall have left the state, with intent 
 to defraud h'is creditors, or to avoid the service of civil process, or shall keep him- 
 self concealed so that process can not be served upon him, with intent to delay 
 or defraud his creditors. 
 
 No writ of attachment shall issue against any debtor while the wife and family 
 of such debtor shall be and remain bonajide settled within the county where his 
 usual place of residence may have been prior to his absence, if such debtor shall 
 not continue absent from the state more than one year after he shall have absented 
 himself, unless an attempt sliall be made to conceal such debtor's absence, or un- 
 less such debtor shall be sec!R;tly transferring, conveying, or removing his prop- 
 erty or effects, by which the payment of his debts may be evaded. 
 
 If tlie wife or family of such debtor shall refuse to give an account of the cause 
 of his absence, or of the place where he may be, or shall give a false account of 
 either, or shall be unab'e to account for his ab.sence, or to tell where he may be 
 found, such refu.sal, false accounts, or inability to account for his ab.sence, or to tell 
 where he may be found, shall be deemed and consuued an attempt to conceal liifl 
 absence. 
 
SPECIAL LAWS OF INDIANA. 323 
 
 Deeds. 
 
 A BCRAWL of the pen may be xtmed fur a seal. 
 
 To entitle any deed, conveyance, mortgage, or instmment in writing, to b« 
 recorded, it shall be acknowle«lired by the party or [tarties executing the same, 
 or shall be proved by a subscribing witness thereto, Ac, before any judge or 
 clerk of a court ot record, justice of the peace, recorder, notary public, or 
 mayor of a city, within this state, or before any judge of a supreme or circuit 
 court or court of common pleas, justice of the peace, or mayor or recorder of a 
 city, or notary public of any other state, or before any commissioner appointed by 
 the governor of this state in another state for such purpose, or before any minister 
 charge d'affaires, or consul of the United States, in any foreign country. 
 
 Form of Acknowledgment, 
 
 State of Indiana, > to wit- 
 
 County of Hanison, \ «> ^»t- 
 
 Be it remembered, that on this tenth day of October, one thousand eight hun- 
 dred and ffty, before me, John Jones, a notary piih/ic in and for said county, 
 personally appeared John Doe and Susan his wife, and severally acknowl- 
 edged the foregoing instrument to be their act and deed ; and the said Susan, on 
 a private examination, separate and apart from and vtthout tJte hearing of her 
 husband, I having first freely made knoicn to her the contents and purport 
 thereof, acknowledged to me that she executed the some of her aim free will and 
 accord, and without any coercion or compulsion from her said husband. 
 
 Witness my hand and notarial seal of office, the day and year first above 
 written. 
 
 f Seal. J JOHN JONES, Notary Public. 
 
 The acknowledgment of the execution of any deed or conveyance by which a 
 married woman releases her dower in any lands conveyed or assigned by her 
 hasband. or by which the husband and wife convey the real estate of the wife, 
 may be taken before any otticor herein aTithorized to take the acknowledgment 
 of deeds ; but such officer shall first make known to her the contents and purport 
 of such deed or conveyance, and she acknowledge on a private examination, 
 ■eparate and apart from, and witlwut the hearing of her husband, that she exe- 
 cuted such deed or conveyance of her own free will and accord, and without any 
 coercion or compulsion from her husband ; all of which shall be certified by such 
 officer in his certificate of such acknowledgment. 
 
 Without such acknowledgment and certificate, her dower will not be barred, 
 nor her interest conveyed. 
 
 The deed must be recorded in the county wtiere the land is situate, vrithin 
 ninety days. It is better to record it at once. 
 
 Rights of Married Women. 
 
 No real estate whereof any married woman was or may be seized or othr'r 
 wise entitle<l to, at the time of her marriaere, or which she has or may fairly 
 acquire during her coverture, or any interest therein, shall be liable for the debts 
 of hfjr husband ; but the same, and all inlereet therein, and all rents and profits 
 trinini? thprcfn)m, shall be deemed and taken to be her separate proj)erty, free 
 and clear from any and all claim or claims of the creditors or legal rcprcsentutivos 
 of her hucband. as fully as if she had never been married ; provided this law 
 shall not be »o rjinstrucd as to npply to debts contracted by such married woman 
 before such marriage, but in all caHcs her suid prij|)crty shaU be first liable tht-ro- 
 br. 
 
 DowKR.— The widow shall Ihj endowed of one full and equal third part of al 
 
324 SPECIAL LAWS Ol- INDIANA. 
 
 the lands tlie legal title to which was in her husband, or in any pe-son to and for 
 his use and benefit at any time during the coverture, unless such right of dowel 
 r.a& been legally barred. 
 
 Rate of Interest. 
 
 The legal rate of interest is six per cent. Usurious interest can not be recov- 
 ered ; and if paid, may be recovered back, but usury does not render the enliro 
 contract void. 
 
 Wills. 
 
 These must be in writing, and signed by the testator, or by some person in \m 
 presence and by his express direction, and attested and subscribed in the pies- 
 ence of the testator bv two or mm-p r^nmnf frf^it. witnooo^a 
 
 ence of the testator by two or more competent witnesses. 
 For form of attestation, see page 163 
 
 Mechanics Lien. 
 
 Mechanics, and h11 persons perfonning Inbor, or furnisliing materials for the con- 
 struction or repair of iiny building', or who may have furniybed any engine or other idh- 
 chinery tor Hny mill, disiillery, or other iniinulactory, mny have a lien separately or 
 jointly upon tfie i)uilding which they may have constructed or repaired, or upon niiy 
 building, mill, distillery, or other manufactory, for which they may have furnished niu. 
 terials ot any description, and on ttie interest of the owner in the lot or land on which it 
 Btsmds, to the extent ot the value of any labor done, or materials furnished, or for both 
 
 The provisions of this act shall only extend to work done, or materials furnished oii 
 new buildings, or to a contract entered into with the owner of any building, for repairs' or 
 to the engine or other machinery furnished for any mill, distillery, or otherl manufactory 
 unless turnished to the owner of the land on which the same may be situate, and not to 
 any contract made with the tenant, except only to the extent of his interest. 
 
 Any sub-contractor, journeyman, or laborer, employed in the construction, or repair, 
 or furnishing materials, for any building, may give to the owner thereof notice in writin<^, 
 particularly setting forth the amount of his claims, and service rendered, for which hTs 
 employer is indebted to him, and that he holds the owner responsible for the same • and 
 the owner shall be liable for such claim, but not to exceed the amount due from him to 
 the employer at the time of notice, which may be recovered in an action 
 
 Any person wishing to acquire such lien upon any property, whether his claim be duo 
 or not, 8ha 1 file in the recorder's office of the county, within sixty days after the com- 
 pletion of the buUding or repairs, notice of his intention ft hold a lien upon such prop- 
 erty for the amount of his claim, specifically setting forth the amount claimed, and the 
 recorder shall record the notice when presented, in a book to be kept for that nurnose 
 for which ho shall rectdve twenty-five cents. f *- > 
 
 Any person having such lien, may enforce the same by filing his complaint in the cir- 
 cuit court or court ot common pleas of the county where the work was done, or mate- 
 rials turnished, at any time within one year'from the comjletion of the work or furnish- 
 ing tlie materials ; or, if a credit be given, from the expiration of the credit 
 
 in such actions, all persons whose liens rfre recorded as herein provided, may be made 
 parties, and issues shall bo made up and trials had as in other casj-s ; and the court mnv 
 by the judgment, direct a sale of the land and building for the satisfaction of the liens 
 and costs ;— such sales to be without prejudice to the rights of any prior incumbrancer 
 owner, or other persons, not parties to the action. If several such actions be brought 
 by diflercnt claimants, and be pending at the same time, the court may order them to%o 
 ccjntolidated. ' 
 
 If the procef^ds of the sale be insufficient to pay nil the claimants, then the court "hull 
 order them to be paid in proportion to the amount due each. 
 
 In all proceedings commenced under this act, the d.;len.lant may file a written under- 
 taking, with surety, to be approved by the court, to the elfoct thnt he will pay the judr- 
 ments that may be recovered, and costs, and thereby release his property from tlu; liens 
 lieroby creato,d. * r .» 
 
SPECIAL LAWS OF ILLINOIS 
 
 325 
 
 ILLINOIS. 
 
 Cjuatitution adopted, 184a— Square Miles, 55,405.— PopulaUon in 1850, 858,234. 
 
 Exemptions. 
 
 The wearing apparel of every person shall be ex- 
 empt from sale on execution, wrii of altacbmeiit, oi 
 distress for rent, necessary for use. 
 
 The following property, when owned by any per- 
 son being the head of a family and residing with the 
 same, shall be exenopt frona levy and sale on any exe- 
 cution, writ of attachment, or distress for rent, and 
 ■ach articles of property shall continue so exempt 
 while the family of such person or any of them are 
 removing from one place of residence to another in 
 this state, viz. : — 
 
 1. Necessary beds, bedsteads, and bedding; the 
 
 oeceisary utensils for cooking ; necessary household furniture, not exceeding in 
 
 value fifteen dollars ; one pair of cards, two spinning-wheels, one weaving-loom . 
 
 and appendage, one stove and the necessaiy pipe therefor, being in use or put 
 
 up for ready use in any house occupied by such family. 
 
 2. One milchcow and calf; two sheep for each member of the family, and the 
 Beeces taken from the same, or the fleeces of two sheep for each member of a 
 family which may have been purcha.sed by any debtor not owning sheep, and 
 the yarn and cloth that may be manufactured from the same ; and sixty dollars' 
 worth of property suited to his or iier condition or occupation in life, to be selected 
 by the debtor. 
 
 3. The necessary provisions and fua' *'"'• the use of the family for three months, 
 and necessary food for the stock hereinliefore exempted from sale, or that may ba 
 held under the pruvisions of tliis act. 
 
 When any lot not exceeding ten acre* ^hall be appropriated and used as a 
 burying ground, and shall be recorded as such in the recorder's office of the 
 county, it ehall be exempt from all laxen-. and when sold in lots for bur^-ing the 
 dead, the said lots shall not be solijert to execution or attachment; provided that 
 DO person sh«ll bold more th;in one ei^hili of an »<:ro exempt from execution. 
 
 When in any chkc the head ofa family »^i'-'h, deserts or ceases to reside with the 
 same, the said family shall be entitled to retain the property above exempted, 
 free iruoi levy and sale ou execution. 
 
 Mechanics' Lien. 
 
 PrRsojis furnishing labor or materials b repairing or emcring any building, 
 •hsJl have a lieu ou the building and lot if tract of land on which the same shall 
 be en r'. fl 
 
 To ■ u lien, salt must be broncht within six months from the (iniH 
 
 thst I lent should have been niBoe. 
 
 Lu . ■< a hen on growing and grown cro(^8 for their mm 
 

 326 
 
327 
 
328 SPECIAL LAWS OF ILLINOIS. 
 
 Slomestead Exemption. 
 
 In addition to the property now exempt by law from sale under execnMon, there sh<ill 
 be exempt ft-orn levy and forced sale, under any process or order from ^ny court of law 
 ?L*^^VJ-^ /".^''f ^*^^*^®' P^ ^^^^ contracted from and after the fourth day of July, A D. 
 I l\ , I? of ground and the buildings thereon occupied as a residence, and owned 
 by the debtor, being a householder and having a family, to the value of one thousand 
 dollars. Such exemption shall continue after the death of such householder, for the 
 benefit of the widow and family, some or one of them continuing to occupy such homc- 
 Btead until the youngest child shall become twenty-one years of age, and until the death 
 ot such widow; and iio release or waiver of such exemption shall be valid, unless the 
 same shall be in writing, subscribed by such householder, and acknowledged in the 
 same manner as conveyances of real estate are, by law, required to be acknowledged 
 
 No property shall, by virtue of this act, be exempt from sale for non-payment of taxes 
 on assessments, or for a debt or liability incurred for the purchase or improvement 
 thereof, or prior to the recording of the aforesaid conveyance or notice. 
 
 It, in the opinion of the creditors or officer holding an execution against such house- 
 holder, the prctmses clamied by him or her as exempt are worth Inore than one thou- 
 band dollars such ofHcer shall summon six qualified jurors of liis country, who shall 
 upon oath, to be administered to them by the officer, appraise said premi.ses, and if in 
 fhPv sff «^V iffP'"P^'"*^v,'"'7 be divided without injury to the interest of the parties, 
 Sion sLlf Lf/^.i!"''*'^,^^ said premises, including the dwelling-house, as in thei^ 
 K «i^*V,^^ '^^'^^^ «"« thousand dollars, and the residue of said premises be adver- 
 asea and soid by such officer. 
 
 In case the value of the premises shall, in the opinion of the jury, be more than one 
 thousand dollars, and can not be divided, as is provided for bv this act, they shall make 
 and sign nn appraisal of the value thereof, and deliver the same to the officer, who shall 
 dchver a copy thereof to the execution debtor, or to some one of the family of euitfn)lQ 
 age to understand the nature thereof, with a notice thereto attached, that, unless thfc 
 execution debtor shall pay to said officer the surplus over and above one thousand dol. 
 lars on the amount due on said execution, within sixty days thereafter, that such pr.rn 
 iscs will be sold. ^ 
 
 In case such surplus, or the amount due on said execution, shidl not bp paid within 
 the said sixty days, it shall be lawful for the officer to advertise and 6.-11 the «aid prrnii 
 «f ;„""1"''^ i^/ proceeds of such sale to pay to such execution d<'btor the said sum 
 Ot one thousand dollars, which shall be exempt from execution for one year thereafter 
 and apply the balance on such execution : Provided, That no sale shall be made unless 
 a greater sum than one thousand dollars shall be bid therefor; in which case the officer 
 may return the execution for the want of property. 
 
 The costs and expenses of settling off such homestead as provided herein, shall be 
 charged and mcluded in the officer's bill of costs upon sucJi execution. 
 
 Chattel Mortgages. 
 
 No mortgage on j/ersona] property hereafter executed shall be valid as against the 
 rights and interests of third persons, unless possession of the property shall be delivered 
 to and remain with the mortgagee, or the said mortgage be acknowledged and recorded 
 m the office of the recorder of the county in which the mortcagpr shall reside 
 
 .Any mortgasrer must first acknowledge, before any justice Bf the peace in the justice's 
 district m which he may reside, such mortgage, and the said justice must certilv to 
 such acknowledgment and enter the same upon his docket. 
 
 It shall then be valid for two years, provided that such mortgage shall provide for tlie 
 possession ot the property so to remain with the mortgager. 
 
 Law regulating Contracts. 
 
 No action shall be brought whereby to charge any executor or administrator, upon 
 any special promise to answer any debt or damages out of his own estate ; or wherebv 
 to charge the defendant, upon any special promise, to answer for the debt, default or 
 miscarriage, of another person; or to charge any person upon nnv agreement mkde 
 upon consideration ot marriage ; or upon any contract for the sale of lands, tenements or 
 hereditaments, or any interest in or concerning them for a longer term than one Vf'ar • 
 or upon any agreement that is not to be performed within the space of one year from' 
 the making thereof, unless the promise or agreement upon which such action shall bt^ 
 
SPECIAL LAWS OF ILLINOIS. 329 
 
 brought, or Bome memorandum or note thereof, shall be in writing, and sii^ned by the 
 {•«!ty to bo charged therewith, or some other person thereunto by Lim lawfully au- 
 thorized 
 
 Limitation of Actions. 
 
 All actions of troFpnss qiiare daiisitm frrgit, trespHss, detinue, trover, and replevin, 
 ttir taking away goods ami chattel3 ; all actions for arrearages of rent due on a parol 
 demise; and dl actions of account, and upcn the cajse, except actions for slander and 
 mahcious prosecution, and such as concern the trade of merchandise between merchant 
 *nd merchant, their factors or agents, shall be commenced within five years next after 
 the cause of action accrued. 
 
 Actions of trespass for assault, battery, wounding, and imprisonment, shall be com- 
 menced within two years next after the cause of action accrued. 
 
 Actions on the case for words shall be commenced within one year ; and for mali- 
 cious prosecution shall be commenced within two years. 
 
 Every action of debt, or covenant for rent or arrenraares of rent, founded upon any 
 lease under seal, and of debt or covenant founded upon any single or penal bill, prom- 
 issory note, or writing, obligatory for the direct payment of money, or the delivery of 
 pro])erty, or the performance of covenants, or upon any award under the hands and 
 ■eals of arbitratt)rs, for the payment of money only, shall be commenced within sixteen 
 years after the cause of action accrued ; and when anj' payment has been made upon 
 auch instrument, then witliin sixteen years from the time of such payment 
 
 Judgments of any court of record of this state may be re'.ived by action of scire far.iat 
 or action of debt within twenty years next after the rendition of the same. 
 
 Ri;:ht of entry and actions to recover lands are barred by the lapse of twenty years. 
 
 Ipfants, married wom<n, persons insane and a!)!='Mit from this state, may make such 
 entry and bring such actions within the times respectively limited after the removal of 
 tti«-ir disability. 
 
 The absence of a defendant from the state is not to be computed in the limitation. 
 
 Collection of Debts. 
 
 AaRKST.— When any debtor shall refuse to surrender his e.«t«te, lands, goods, or chatr 
 tels, for the satisfaction of any execution which may he issued againxt the propc^rty of 
 any such debtor, it shall and may be lawful for the* plaintitf or his attorney or aijent to 
 make affidavit of such fact before any justice of the peace of the county ; and upon 
 filing such affidavit with the clerk of the court from which the execution issued, or with 
 the justice of the peace who issued euch execution, it shall be lawful for such clerk or 
 
 tjstice of the peace, as the case may be, to issue a capias ad satisfaciendum against the 
 ody of such defendant in execution. 
 
 The defendant may board out his debt in jail at one dollar and fifty cents per day, 
 Attachmknt. — If any credit<^»r or his agent shall make complaint, on oath or aiflrmt' 
 tJon, to the clerk of the circuit court of any county in this state, that his delitor is about 
 to depart from this state, or has departed from this state, witli the intention in either 
 ca«e of having his effects and personal estate removed without the limits of this 8tat«\ 
 to the Injury of such creditor, or standi in defiance of any officer authorized to arrest 
 him on civil process, so that the drdinary jjrocess of law can not be served on puch 
 d«-btor, and that the debtor is indebted to him in a sum exceedins twenty dollars, sped- 
 fying the amount and nature of such indebtedness, such creditor may sne out a writ 
 of attacbmeiit against the debtor's lands and tenementB, goods and clmltels, rights and 
 credits, moneys and effects, of what nature soever, or so much us will satisfy the debt 
 •worn to, Mrith interest and costs. 
 
 VVhen any creditor, his agr'nt or attomiTr, shall make oath or affirmation before any 
 jnntire of the j^^-ace in this ("tate, that any person, being a non-resident of this 8tat<i, is 
 ^di- •r.'ditor in a sum not exceeding fifty dollars, such Justice may issue ari 
 
 *ttMr • tiia p<>r8onal estate. 
 
 '^' ■ issup, in the case of a non-resident, against all his property for a au:n 
 
 »xc»<(iiii;5 twenty dollars, from the clerk of the circui^court of any county. 
 
 Deeds. 
 
 A tcBAin. of the p«i may be used m ■ seal. Deeds should bo witnessed by twe aub- 
 •eribing witnesses. ,^ 
 
330 SPECIAL LAWS OP ILLINOIN. 
 
 Form of Acknowledgment. 
 
 state of Illinoip, ) 
 
 County of Hancock, \ **' 
 
 Be it remembered, that on this first day of A'prii, one thousand eight hundred and 
 fifty-one, before me, John Jones, a notary pnblic, personally appeared John Doe ava 
 Susan Ms wife, to me known to be the real persona whose names are subscribed to tbe 
 forepoiiiir co7/»«/a7Jce, and severally acknowledged that they executed the same; and 
 the said Susan, on an examination separate and apart from her husbajid, having ha/] the 
 cmitents thereof fully made known to her by me, acknotcledged that she executed the same, 
 and relivquished her dower to the lands and tenements therein mentioned, voluntarily, free- 
 ly, and without any compulsion of her said husband. 
 
 In witness whereof, I have hereunto set my band and notarial seal of office, the day 
 and year first above written. 
 
 (Seal of Qgice.) JOHN JONES, Notary Public. 
 
 Deeds may be acknowledged or proved before any judge or justice of the supreme or 
 district court of the United States; any commissioner to take acknowledgment of 
 deeds : any judge or justice of the supreme, superior, or circuit court of any of the 
 United States or their territories ; any clerk of a court of record, mayor of a city, or 
 notary puljlic: but when made before a clerk, mayor, or notary public, it shall be cer 
 tified by such officer under his seal of office. 
 
 When any married woman, not residing in this state, being over eighteen years, shall 
 join with her husband in the execution of a deed or mortgage of lands in the state, she 
 shall thereby be debarred from all interest, estate, or dower therein, as if she were sol*" 
 and of full age. 
 
 The officer taking the acknowledgment must certify that the person offering to ^nake 
 such acknowledgment is personally known to him to be the real person whose name ia 
 subscribed to the deed as having executed the same, or that he was proved to be such 
 by a credible witaess (naming him). 
 
 In case of married women, in addition to the above, he shajl acquaint her with the 
 cont<;nts of the deed, and shall examine her separately and apart from her husband, 
 whether she executed the same, and relinquished her dower to the lands and tenements 
 therein mentioned, voluntarily, freely, and without compulsion of her said husband, 
 and shall certify the same on or annexed to the deed. 
 
 Rights of Married Women. 
 
 DowEn. — A widow shall be endowed of the third part of all the lands whereof Iier 
 husband was seized of an estate of inheritance at any time during marriage, unless mn 
 same shall have been relinquished in legal form. 
 
 Rate of Interest 
 
 Feom and after January 30, 1849, money may be loaned at such rate of interest, not 
 exceeding ten per cent, per annum on each hundred dollars, as the parties may agree 
 npon. In the trial of any action brought ujjon a promissory note or writing obligatory 
 in any of the courts of this state, wherein is reserved a higher rate of interest than six 
 per cent, per annum, it shall be lawful for the defendant to set up and plead, as a de- 
 fence in any such suit, that the consideration of said note or writing obligatory, upon 
 which such suit is brought, was not " money loaned ;" upon which issue it shall be law- 
 ful for the debtor, the creditor being alive, to become a witness, and his testimony shall 
 be received as evidence ; and the creditor, if he shall ofter his testimony, shall be re- 
 ceived as a witness, together with any other legal evidence that may be introduced by 
 either party ; and if, upon the trial of the said issue, it shall be found that the said nolV 
 or writing obligatory upon which such suit is brought was not given for money loaned, 
 then the said court shall render judgment for the principal sum in said promissory noto 
 or writing obligatory, and six per cent, interest thereon. 
 
 Wills. 
 
 Thet must be in writing, signed by the testator, or by some one In his presence and 
 by his direction, and attested by two credible witnesses. 
 For form of attestation, see page 163. 
 
SPECIAL LAWS OP MISSOURI. 331 
 
 MISSOURI. 
 
 CoDstitutioD adoptt-d, 1820.— Square Miles, 67,380.— Population in 1850, 684,132. 
 
 Exemptions. 
 
 There is in this state exempted from sale on exe- 
 cution, the wearing-apparel of all perscns, and the ne- 
 cessary tools, implements of trade, of any mechanic 
 while carrying on his trade, and the following articles, 
 being the property of any person being a householder, 
 namely : ten head of choice hogs, ten head of choice 
 ■beep, two cows and calves ; one plough, one axe, one 
 hoe, and one set of plough gears ; working-animals, of 
 the value of sixty-five dollars; the spinning-wheels and 
 cards, one loom and apparatus, necessary for manufac- 
 turing cloth in a private family ; all the spun yam, 
 thread, and cloth, manufactured for family use ; flax, 
 oemp, and wool, twenty-five pounds of each ; all wearing apparel of the family ; 
 two beds, with the usual betiding ; and such other household and kitchen furni- 
 ture necessary for the family, not exceeding in value twenty-five clollars; all 
 arms and military equipments required by law to be kept; all provisions on 
 hand for family use, not exceeding tN^enty-five dollars in value. All lawyers, 
 physicians, and ministers, may select such books necessary to their profession in 
 the place of other property, at their option ; doctors of medicine, in lieu of property 
 exempt, may iclect their medicines. 
 
 InB(ca<l of ten hogs, ten sheep, two rows and calves, one ploutjli, one axe, one 
 hoe, one set of plough-gears, and working-animals of the vitlue of sixty-five dol- 
 lars, the debtor, if the head of a family, may select any other property, real or 
 jiersonRl. not exceeding in value, one hundred and fifty dollars, or on the absence 
 of t»tiir>r property debts and wages to the same amount. 
 
 The wife's property is exempt from sale on execution against her husband, if 
 the debt whs contracted before marriage, before she came into jjossespion, or if it 
 was a securily debt. It is alw) exem[)t from execution for fine or co.sts in a/iy 
 criminal case agajnM her husband. The husband's property is exempt from all 
 debts and liabilities contracted by the wife before marriage. 
 
 Mechanics' Lien. 
 
 (Jn.NTRACTOKS, suU-cntracforF, nrtianns, arwl liiborer^, shsll hnve a Hen for work done 
 on unl mntctialA turiii«liKd for builiiing-*, piiijimn, mnchiniTy, hoiltr^, or other fixtures. 
 
 Every pfT^on except 8ul)-C"nfr>«ctor'', must file with ih<' clerk of the circuit court of 
 the county in which the building it, within flix inontiis a'tci the matTials hv; furnitihi d 
 or the wi>ik in (Iiiik;, n true account of hi» d< mand, verified by his oath, and a correct 
 d<*^cripti(in of tiie piopcrly. 
 
 Sutvciin m- 1 irs muHt ^dve notice to the owners of their intention to furnish mntrrinls 
 or litb r. Mini tin- probi.hle vnlue theieof ; and liHving settl'd ih.- amount nlterwHid with 
 the contrHctor, mu'^t, within ten dnyu after the lid)or in done or the materiHlft are fur- 
 ni«h>>d. file in Uie like office a copy of such Bcitiement, and a conect description of the 
 pr<'p«Tty cliarited with lh« lien. The lien binds tho building or other fixtures, for twelve 
 months after it i« fini hed. 
 
 TlK" owo' r mu»l not sittle with the contractor until the nub-con trnctor«' liens «re dis- 
 charged. 1 be li'^n extt-ndu to the land on which the building is ejected, and not exceed- 
 lug five hundrod squnrc 1«> i clear of the buiidinj;. 
 
332 
 
 XoTLnVestST-mnllQ WcLstrtngta 
 
% 
 
 tI'MSii®!!! g 
 
 0-^ 
 
 
334 SPECIAL LAWS OF MISSOURI. 
 
 Chattel Mortgages. 
 
 Tjik property must be delivered to and retained by the mortgagee, or the mortgage 
 must bf acknowledged or proved and recorded in the county in which the mortgager 
 resides, the same as deeds of real property. 
 
 Law regulating Contracts 
 
 All contracts which, by common law, are joint only, shall be construed to be joint 
 and several. 
 
 A joint debt or coBtract survives against the heirs, executors, and administrators of 
 the deceased obligor or promisor, as well as against the survivor, also against the heirs, 
 eX' cutors, and administrators of all the joint obligors, if all are dead. 
 
 Suit may be prosecuted against any one or more copartners, in case of copartnership, 
 obligation, or assumption. 
 
 No action shall be brought to charge any executor or administrator, upon any special 
 promise, to answer any debt or damages out of his own estate ; or to charfre any per- 
 son, upon any special promise, to answer for the debt, default, or miscarriagp, of au- 
 .>tlier person ; or to charge any person upon any agreement made upon consideration 
 of iijarriage ; or upon any contract for the sale of "lands, tenements, or hereditaments, 
 or (uiy interest in or concerning them, or any lease thereof for a longer term than one 
 vear ; or upon any agreement that is not to be performed within one year from the ma- 
 kin;; tliereof, unless the agreemt^nt upon which the action shall be brought, or some 
 mitnorandum or note thereof, shall be in writing, and signed by the party to be charged 
 therewith, or ssome other person by him thereto lawfully authorized. 
 
 No contract for the sale of goods, wares, and merchandise, for the price of thirty dol- 
 lars or upward, shall be allowed to be good, exce})t the buyer fhall accept part of the 
 kfoods so sold, and shall actually receive the same, or give something in earnest to bind 
 the bargain or in part payment, or unless some note or memorandum in writing be 
 made of the bargain, and signed by the parties to be charged with such contiact, or 
 their agents lawfully authorized. 
 
 Actions shall not be brought to charge any person for representations of the charac- 
 tsr, conduct, credit, ability, trade, or dealings, of another person, unless such represent- 
 Hiion is in writing, and subscribed by the person to be charged thereby, or by some 
 person by him thereunto lawfully authorized. 
 
 Limitation of Actions. 
 
 All actions founded iipon any writing, whether scaled or unsealed, for the dirct 
 payment of money or property, must be commenced within ten years after the cause 
 of such action accrued— abo, actions on covenants of seizin and actions for relief, not 
 otherwise provided for. Actions on covenants of warranty, within ten years after final 
 iecision against title of warrantor. 
 
 Actions upon contracts, &«., express or implied, fexcept upon judgments or decrees 
 ol courts ot rt^cord, and except where a different time is limit(!d ; actions upon a liability 
 created by statute, other than a penalty or forfeiture ; actions for trespass on real estate 
 actions for takmg, detaining, or injuring goods and chattels, or for the recovery of 
 spexihc personal property ; actions for criminal conversation or other injury to the 
 rights of persons, not otherwise limited, within five years. Actions for reUef on the 
 
 KounJ ot fraud, withm 9ve years, the cause of action accruing at the discovery of the 
 mdulent acts. j " 
 
 Actions against sheriffs or coroners, and acrions for penalty or forfeiture, where the 
 penalty is given to the party aggrieved, or to him, or to the state, within three years. 
 
 Actions for hbel, assault, battery, or false imprisonment, and actions for penalty or 
 forfeiture to the state, within two years. 
 
 Actions against sheriti's, &,c., for escape, one year. 
 
 On a current account, the cause of action accrues at the time of the last item in the 
 account on the adverse side. 
 
 Qui tarn actions, within one year after the commission of the offence, or within two 
 years if not brought by a private party, if commenced by the attorney-general or circuit 
 ftttomey m behalf of the state. 
 
 Limitations apply to actions brought by the state or for its benefit 
 
 hitajits, married women, persons insane or imprisoned, have the same periods r»- 
 9pecnv<-Iy afYer their disability is removed. ^ 
 
 A promiat^ in wiiting is necessary to revive action barred by this act. 
 
SrEf'lAL LAWS OF MISSOURI. 335 
 
 Rond.j, judgmoiits, niid deci-eog, are presumed to have Iwen pniJ r.ft-er thn lapse of 
 twenty years ; such presumptinn bein;j lialile to be npelled by proof of ptiytneut in 
 piirt, ur wriilen tickiiowledgment ot the ii)dflitedno88. , 
 
 Collectrlon of Debts. 
 
 Attachmeptt. — Attachmrnt may issue, in any civil action foumlnd upon contract 
 or unoii wrongs done to pcrfonnl or real propt rty, in the following cases — 1. Wlu-re 
 thi^ debtor doe•^ not re«ide withiii the state ; 2. Where the defendant is a corporation 
 whose chief oflBce or place of businef^s is out of this state ; 3. Where the debtor con- 
 ceals himself so that process can nut bi> 8erve<l upon him ; 4. Or the debtor has ab- 
 sconded or absented himself from his usuid place of abode in this state, so tliat pro- 
 cess can not be eexve<i on him ; 5. Or is about to remove his property out of the state, 
 wiih the intent to defraud, hinder, or delay, his creditors ; 6. Where the defendant is 
 about to more out of the state with intent to ciiange his domicile. 7 Or has fraudulently 
 conveyed oi* assigned his property, so as to hinder or delay his creditors ; 8. Or has 
 fraudulently concealed or di-posed of his property, so as to hinder or delay his credi- 
 tors ; 0. Or is about fraudulently to convey or asfeign his property or tHicts, so as to 
 hinder or delay his creditors ; 10. Or is about fraudulently to conceal or dispose of his 
 property, so as to hindir or delHy his creditors ; 11. Where the debt was contracti^d 
 out of this state, and the debtor ha* absconded or secretly removed his pri>perty into 
 this sUite, with the intent to defraud, hinder, or delay, his creditors ; 12. Where the 
 damafjes tor whi<1i the act. on is brought are for injurrfts arising from the commission of 
 u felony or ndsdemeiiiior ; 13. Where the debtor has faile«l to pay the price or value 
 of any article or thing dt-Hvered, which by contract he was bound to piiy upon delivery. 
 In all but the first four ca.sos, attachments may issue although the debt be not due. 
 
 The atfidavit to autiiorize the attachment must state, " that the plaintitl' has a just de- 
 mand ii^ain.-*t the defendunt, and that the amount which the aifiant believes the plaintilT 
 
 ouG;ht to recover alt«;r allowing just credits and set-offs is dollars, and that he 
 
 has good reason to believe and does believe in the existence of one or more of the 
 Ciiutes above specified which authorize the attHchment." Bond must also bo given, 
 with on«; or more securities, resident householders of the county in which the action is 
 to l>e brought, in a sum at lea.-t douhle the amount of the demand sworn to. If the 
 defendant puts in issue the truth of the affidavit, the plaintiff must prtjve the facts therein 
 alleged as grouinls of attachment. Imprisonment fir debt is abolished. 
 
 N. B. Non-renident parties wishing to sue their debtors in this state by attachment, 
 rhnuld send, with the demand, an affiditvit setting out the above f«cts, and should also 
 take meHsuroB to provide the r. quisiie fcecui ity. 
 
 Deeds. 
 
 Evert conveyance of freehold estate must be subscribed and sealed by the grantor 
 and ai'knowicdged or proved (if in this state) before some court having a seal, or some 
 judge, jutt.ce, or clerk thereof, or some notary public or jusiia; of the peace of tiio 
 county in which the land lies ; if in the United titaU-n, and out of this state, before any 
 court of the United States or of any state or territory having a seal, or thi; clerk of any 
 •ueh court, or a commissioner for tliis state residing at the place where the acknowl- 
 edgment is Uken ; or a notary public ; and in f«ireign countries before any minist«>r or 
 consul of the United States, or any court of such country having a seal, or the mayor 
 of any city having an official seal. Acknowledgments of married women of their con- 
 v> ynnce of their real estate may be taken by the same officers, under the act of 1856. A 
 c« rtiticate thereof mu»t be endorsed on the deed, under the hand and seal of the otHcer. 
 
 The d.-^d should be recorded in the county where the land is situate. No deed is 
 viilid exeept t><tween ths parties thereto and such ai have actual notice thereof, until 
 th • oiune i-t filed for record. 
 
 The person acknowledging must be personally known to the officer or one judge of 
 tlie court, to Ix? the person whooe name is subscribed as a party thereto, or shall be 
 proved to be such by two credible witneistjs, which shall be stated in the certificate. 
 
 Ill MtMtfion, a tnnrrietf wfiman, uoon relinquishing her dower, shall be made acquainted 
 
 ' ' '■ ; • .1, and shall acknowledge, on an examination apart from 
 
 ' d the same, and relinquishes her dower in the real estate 
 
 :d without compulsion or undue influence of her husband ; 
 
 Hu vM..' .1 iM.-r-L I).- ri.,i.:.i ill tile cerlifJeHtf. 
 
 Form of Acknowledgment, icith Relinquishment of Dower, 
 
 8(at« nrMlMourl, i 
 
 County of Heatom. J ' 
 
 Be it reni>'ml>erud, that on Ih^Jlrtt day of Mureh, one liioiisand eight hundred and>4/ty< 
 tw, before me, Joiim Jo.-xr.s, njmlic* o/ the p«a«* in and for stttd county, personally appuared 
 
336 SPECIAL LAWS OF MISSOURL 
 
 John Doe and Susan hit wife, to mo personally known to be the persons whose names ara 
 subscribed to the foregoin? deed, as parlies thereto, and acknowledged that they executeo 
 the same for liie purposes therein mentioned ; and the said Susan, being by me examinM apart 
 from her husband, andmadefiUiy acquainted with the contents of the foregoing deed, ar.knowlcdtjed 
 Uiat she executed the tame [and relinqvished the dower in the real estate therein mentioned], /rcel% 
 and without fear, compulsion, or undue injluence, of her said husband. 
 
 Witness my hand, the day and year first above writteu. 
 
 JOHN JONES, Jj««« o/ rt« P«WM. 
 
 A ecrnwl of the pen may be used instead of a seal. 
 
 A married woman may convey any of her real estate by a conveyance executed b) 
 herself and husband. ITie husband must join in tap conveyance. Her ncknowlodg 
 ment is to be taken by some court, judge, or clerk, as above stated, she having first been 
 made acquainted with the contents of the deed, by the officer, and on an examinatior 
 sepaixite and apart from her husband. The certificate of acknowledgment mu«t be pre- 
 cisely similar t* that given above, excepting that the words " and relinquished her 
 dower in the real estate therein mentioned" must be omitted. 
 
 Rights of Married "Women. 
 
 Property owned by a woman before marriage, or in any way acquired BUbsequen* 
 to her marriage, and the use and profits thereof, are exempt from debts and liabilities 
 of her husband contracted beltjre marriage or before the wife came into possession of 
 euch property. Such property is absolutely exempt from the husband's security debts, 
 whenever contracted, and fflso from fines or costs, imposed on the husband in any crim- 
 inal case. 
 
 DowKR. The wife is endowed of one third of all the lands of which her husband, or 
 
 any one to his use, was seized, of an estate of inheritance, at any time during the mar- 
 ringe; also, of leasehold estate for the term of twenty years or more. 
 
 The widow is also entitled to have and keep as her abar'ate property, all her imple- 
 ments of industry, and all the beds, bedding, wearing aprp-ol, provisions, &c,, requisite 
 for the family ; also, kitchen furniture to the value of tw / .cy dollars, and any other per- 
 sonal property to the value of two hundred dollars. In addition, she is entitled as 
 follows, viz. : — 
 
 1st. If the husband leaves descendants — to a child's share of the personal estate, abso 
 lutely, or at her option, or to one third of the slaves for her life, and one third of the 
 other personal property, absolutely, subject to her husband's debts. 
 
 2d. If the husband leaves no descendants— to all the real and personal estate which came 
 to the husband in right of the marriage, remaining undisposed of, absolutely, and to one 
 half of the real and personal estate belonging to tlie husband at the time of his death, 
 absolutely, subject to the husband's debts. 
 
 3d. If the husband leaves descendants, but not by his last marriage, his widow may, 
 In lieu of dower, take the real estate and personal property in possession of the hus- 
 band which came to him in right ol his wife, by means of the marriage— subject to the 
 husbfirid's debts. 
 
 Rate of Interest. 
 
 The Ingal rate of interest is six per cmt-, where do rate is sprcifieil, but parties may 
 Hgrse upon any rate not exceeding ten per cent. Any excess works a forfeiture of ten 
 per cent., to be paid for the benefit of tho common-school fund. 
 
 Wills. 
 
 They must be in writing, signed by the testator, or by some person in his presence 
 an i at his request, and attested by two competent witnesses, who shall subscribe their 
 na"if>s Rs witnesses in the presence of the testator. 
 
 Wills must be recorded within thirty days after probate. If lands in different coimtics 
 ar ■ 'I visrtd, a copy of the will shall be recorded in the recorder's office in each couniy, 
 »';ti in six month.s after probate. 
 
WECIAL LAW* OP U>\\X. 337 
 
 IOWA. N 
 
 . CoMtUutton adopted, 184B.— Scjuaro Miles, 50,914.— Population in 1850, 190,;.'G4. 
 
 • 
 
 3Ejsemption3. 
 
 Dkfendants in cxocution, if he, she, or they, have fmil- 
 lies, may claim as exempt from execution the foUowijvg 
 property, to wit : One bible ; one cow and ciilf ; one horae, 
 or yoke of c.-tttle; twelve sheep, and the wool shorn fro/a 
 them ; five he.-id of hoga, and all pigs under six months old ; 
 all the flax in the possession of the family, and the yam of 
 thread munufHctunJ tlvrefrom; one bedstead andthe in> 
 ccssary boiidirig therefor, for every two in the family; tlia 
 cloth mnnuAictureci by the family, not exceeding one hun 
 drcd yards ; household and kitchen furniture, not exceed 
 ing in value fifty dollars; one stovt- and pipe; all spintnng 
 wheels and looms put up and kept for use ; all farming 
 utensils not exceeding in value fifty dollars ; the necessary 
 food for sll animals exeicpt from execution ; four months' provision for the family, and 
 fuel for sixty days; the surgical instruments and medical library of every practising 
 physician, and the library of every practising lawyer or counsellor ; all private libraries 
 not exceeding one hui^lred dollars in value, and all lamily portraits ; all mechanics' 
 tools necessary in their peculiar calling; the astronomical and mathematical instruments 
 of every teacher or schoolmaster, and tiie instruments of every practical surgeon, in 
 th«-ir profession : and all property exempt from execution is exempt from attachment 
 or other process of law. 
 
 In addition to the above, it is lawful for the defendant to claim as exempt from pro- 
 cess founded upon contracts made after the passage of the act, fifty head of sheep and 
 the wool shorn therefrom. 
 
 ^^ 
 
 Homestead-Exemption Law. 
 
 Axv quantity of land, not exceeding forty acres, used for agricultural purposes, tha 
 
 dvvcIHnfr house thenion, and the appuitenances, not included in any town plat, or city, 
 
 ' il:(\ or inst<.>ad thereof not exceeding one fourth of an acre, l)eing within a re- 
 
 ; town plat, city, or village, the dwelling-house thereon and the appurtenances, 
 
 i und occupii-d by any resident of tht; state, is exempt from forced 8»de on execu- 
 
 'i 11 i.r any other final process from any court, for any debt or liability contracted afu^r 
 
 the fourth' d^y of July, one thousand eight hundred and forty-nine: provided that«uch 
 
 ►•xrinpttd homestead or town-lot and dwelling-house thereon shall in no case exceed 
 
 in value five hundred dollars. This exemption is not to affect any laborer's or mechaii- 
 
 ic'ti lien, or mort:;ngf lawfully obtained. Defendant must notify the officer of what h») 
 
 rck'u-dd a« bis homestead. 
 
 Mechanics' Lien. 
 
 CovrK.iCTOR« to build or repair a house or other building, mill, or machinery, or 
 their appurtenances, or for furnishing labor or materiids for audi purposes, and every 
 rjih'>r pr^rson furnishing mati-fials used in their construction, by agreement with tho 
 o • tract of inml or town-lot, or tlio lessee of either with Uie owner's kuowl- 
 
 « it, have a lien upon the house, &c., and tho tract of land or lot on which 
 
 ! rfed, in proportion to the labor or matfjrials furnished, which can not bo 
 
 r. n^ to avoid said lien, unlcxs upon judgment rendered before auch 
 
 f inenced. 
 
 ht within one year from the time of payment fixe<l by tho con- 
 
 ^ •■■^ claitn.'d, or within six montha after the decision of any suit 
 
 ' n<l if brought in the district court, must be by bill or peii- 
 
 ' 11 ciTtniiity the tract ot land, liou-e, Arc, upon which tho 
 
 ! ■ui! nature of the contract or indelitedness, with a bill of par- 
 
 f to be filed in lieu of a declaretion. 'i'he o«ecution upon a 
 
 ■ -iture must be levied upon tlio property B])ecifind, and no 
 w , , , : is bonnd for tho payment of auch judgment. 
 
 Miners Imm} k Ina, by Uiit act, upon a sufficient quantity of mineral to pay any Jzct 
 drrnand for labor pcrformwl upon it 
 
 29 
 
338 
 

 0^4^X!;^4^^4^^^4^'^^^^^4^^'4^W4^ 
 
 HeiK 
 
 
 -'n^stVirrian. CLAIVTON 
 
 
 
 JCEDAR 
 
 
 ^° J/i»7Tr^i^iaj I \ '.MUSCATINE 
 
 , -^1- — -F^ — Ai tMiMriitlnl? ^^.^Jiocfkl^JBiiL 
 
 HASK4 ^o ^Hii^y^/-— 1^1 1-.?- 
 
 teii 
 
 SL< iMniNF 
 
 MOj^lROE 
 
 
 'd^\) 
 
310 SPECIAL LAWS OF WW K. 
 
 Chattel Mortgages. 
 
 Bills of sale, or othfir conveyances of personal property, where the vender rtjtams the 
 actual possession oi the property so conveyed, are not valid in law against creditors or 
 subsequent purchasers, unless acknowledged before some justice of the peace for the 
 county where the same is executed, and recorded in the office of the recorder of deeds 
 (who keeps a separate book for this purpose) within ten days, in the county where the 
 bolder of the property resides, 
 
 Law regulating Contracts. 
 
 All interests or estates in lands and hereditaments, made or created by lirery and 
 seisin only, or by parol, and not put in Writing, shall have the force and effect of leases 
 or estates at will only, excepting leases for a term not exceeding three years, upon a 
 yearly reserved rent equal to two thirds of what the premises are really worth : and 
 no estate in lands or hereditaments is assignable, except in writing, or by act and oper- 
 ation of law. 
 
 No action shall be brought whereby to charge any executor or administrator, or upon 
 any special promise, to answer damages out of his own estate ; or whereby to charge 
 the defendant upon any special proi.iise to answer for the debt, default, or miscarriage, 
 of any other person ; or to charge any person upon any agreement in cousideration of mar- 
 riage ; or upon any contract or sale of lands, tenements, or hereditaments, or any inter- 
 est in or concerning them ; or upon any agreement which is not to be performed within 
 one year from the making thereof, unless the agreement upon which euch action shall 
 be brought, or some note or memorandum thereof, shall be in writing, and sicrncd by 
 the party to be charged thereby, or some person by him thereunto lawfully authorized. 
 
 Declaiations or creations of trust in lands and hereditaments must be in writing, 
 signed by the party, or by his last will. Trusts arising by implication of law are exempt 
 from the operation of the act 
 
 Judgments in the district or supreme courts are liens upon the real estates of the 
 parties against whom they may be rendered from the day of rendition thereof in the 
 county within which such judgments may be rendered. Attested copies of such judg- 
 ments, filed with the cl(;rk of the district court of any other county, recorded, and en- 
 tered upon the judgment docket of said county also, are made liens upon the estates of 
 defendants therein situate, but no execution csin issue upon such attested copy. 
 
 No contract tor the sale of any goods, wares, or merchandise, for the price of thirty 
 dollars or upward, shall be binding, except the buyer accept part of the goods so sold, 
 and actually receive the same, or give something in earnest, or in part payment, or that 
 Bome note or memorandum in writing of said bargain, be made end signed by the par- 
 ties to be charged tliereby, or their agents thereunto lawfully authorized. 
 
 Limitation of Actions. 
 
 All actions of trespass, detinue, trover, and replevin, for taking away goods, &c, ; 
 actions for arrearages of rent due on parol demise ; actions of account and upon the 
 case, except for slander and malicious prosecution, and such actions as concern the 
 trade of merchandise between merchant and merchant, their factors or agents, must be 
 commenced within five years after the cause of action accrues. Actions of trespass for 
 assault and battery, wounding, and imprisonment, must be commenced within two 
 years. Actions on the case for slanderous words must be commenced within one year 
 after the words spoken, and actions for malicious prosecution within two years after 
 the cause of action accrues. Actions of debt or covenant for rent or arrearages of rent 
 founded upon lease, of debt upon any single or penal bill, promissory note, or writing, 
 obligatory for the direct payment of money or the delivery of property, or the perform- 
 ance of covenants, or upon the award of arbitrators for the payment of money only, and 
 every action of assumpsit, must be commenced within six years after cause of action 
 accrues, or after any partial payment may have been made. 
 
 Judgment of any court of record may be revived by scire facias, or an action of debt 
 may be brought within twenty years. The right of entry into any lands, tenements, or 
 hereditaments, is barred after twenty years from the accruing of the right. Every real, 
 
 Eossessory, ancestral, or mixed action, or writ of right, or action of ejectment, must be 
 rought within twenty years after the right or title accrued, but in case of disability 
 then within twenty years after the disability is removed. 
 
 If the person or persons against whom any of the foregoing actions, except real or 
 possessory actions, are brought shall be absent from the state at the time the cause of 
 action accrued, or at any time during which said action might have been brought, such 
 ppxiod of aljsen.-e shall not be accounted part of the time limited by the act. The plain 
 tiff, in ctntain cases, may bring a now suit within one year after judgment Is reversal 
 OI given against hr.n. 
 
SPECIAL LAWS OF I»>WA- 3il 
 
 Collection of Debts. 
 
 AuuesT. — The person of a debtor can not be teken in expcution upon any civil contract 
 Attachjoent. — When any action founded on contract is commenced or is about to be 
 ?ommpnced, writ of attachment may be issued by the clerk of the district court, upon 
 an fiffidHvit that something is due the plaiutiti' irom tlie defendant; that alKant bcliovei 
 Ihr d'^fondant is a non-resident, or that he is about to dispose of or remove his property, 
 with intent to defraud his creditors;, or that he has absconded, so that ordinary procesa 
 c«n not be served upon him. Such writ may be leA-ied upon any lands, tenements, goods 
 chattels, riglita, credits, moneys, or effects, of said debtor, which may be found in the 
 county, or so much thereof aa may be sufficient to pay the debt, together with iuter'-tta 
 and costs of smt 
 
 Deeds. 
 
 EvEBT inetrumexU of writing conveying any real estate, or whereby any real estate 
 may be afl'ected in law or equity, must be proved and acknowledged, and recorded in 
 the office of the recorder of the county in which such real estate is situate. Such re- 
 cording ia notice to all the world, and uo such instrument is valid except between tho 
 parties thereto, until deposited with the recorder for record. 
 
 Deeds and conveyances may be acknowledged before any conrt having a seal, justice 
 or clerk thereof, a justice of the peace, or notary public. If before a justice of the peace 
 in a county different from that in which the property is situate, it must be accompanied 
 by the certificate of the clerk of the district court of the county, that the justice was, at 
 the time of taking said acknowledgment, an acting justice of the peace for such county. 
 The certiticatr ofacknowledgnjent mu^t state that the person making such acknowledg- 
 ment was personally known to the officer to be the same whose name Is subscribed to 
 the instiument as party thereto, or waa proved to be such by kt least one witness, wliose 
 came must \>e inserted. 
 
 The certificate of acknowledgment of a married woman must state that she was per- 
 sonally known to the officer taking the same, to be the person whose name is subscribed 
 to such conveyance; that she waa made acquainted with the contents of such convey- 
 ance, and acknowledged on examination, apart from her husband, that sheexecuttHl the 
 same, and relinquished her dower in the real estate therein mentioned, freely and with- 
 <out compulsion or undue infiuence of her husband. 
 
 (The form of acknowledgment ia the same as in Missouri, page 320.) 
 
 Rights of Married "Women. 
 
 Ant married woman may become seized or possessed of any real estate by descent, 
 bequest demise. i:ift, purchase, or distribution, in her own name, and as of her own 
 property, j)riivid«-d that the same does not come from her husband, and is not purcha-^ed 
 with the funds or property of the husband during coverture. Proi)erty so held by any 
 iiiai rii(l woman ia in no caae liable for the debts of her husband. The control and man- 
 h J. M.-iit of such estiite, the aimual products, and rents and profits of the same, remain 
 t.i t!i>- husband. Suits in relation to tlie property must be in the joint name of the hus- 
 band and wife. Such real estate may be conveyed by the joint deed of the huuband 
 and wife, executed, proved, acknowledged, and recorded, as above. 
 
 Dow£k. — The cutumou-law right of dower exists in thia state. 
 
 Rate of Interest 
 
 Fhe legal nite of Intprest, when no other is agre«;d upon, and upon all judgments, is 
 •ix p<,'r cent; l»ut parties may agree upon any rate not exceeding ten per cenu Ill<)gal 
 Interest may be recovered by tho proper suit 
 
 Wills. 
 
 Att win», except nuncupative, muat be in writing. eJgned by the testator, or by sohm 
 persuii in hi" v ' ••'■nee and by hia express direction, and attested and sub.<cribe(l in his 
 pr<'«< I • mori! competent witnesses. Subseciuent incompetcnov of the wit» 
 
 nt«» -^ ale the will. Nuncupative wilU, proved by two compei. nt witnf^»- 
 
 •es, w . of the catnte does not exc<!ed three hundred dollars, are vaii*!. 
 
 Sijldicm h< in:,' in Ri'tual service, and mariners being at aea, may dispose of Ihoir 
 and other peraonal property by nuncupritivo wilL ' 
 
 - Hd* m 
 
>ir 
 
 11 W I i ® © 1 i I i. kp 
 
 342 
 

 31J 
 
344. SPKCIAL LAWS OF WISCONSIN. 
 
 WISCONSIN. 
 
 Constitution adopted, 1848.— Square Miles, 53,924.— Population in 1850^ 3G4^S1 
 
 Exemptions. 
 
 - -' ^ No property hereinafter mentioned or repreecntetr 
 
 ; shall be liable t(» attachment, execution, or sale, on aixy 
 ; iinal process issued from any court of this state : — 
 
 1. The family Bible. 
 
 2. Family pictures, schoolbooks, or library. 
 
 3. A seat or pew in any house or place of public woj- 
 sbip. 
 
 4. The rites of burial of the dead. 
 
 5. All wearing-apparel of the debtor and his family ; 
 all beds, bedsteads, and bedding, kept and used for tlje 
 debtor and his family ; all stoves and apjiendngos pm 
 «P or kept for the use of the debtor and his family; all 
 
 oooking-utensils, and all other household furniture not lierein enumerated, not 
 exceeding two huixlred dollars in value. 
 
 6. Two cows, ten swizie, one yoke of cx6n, and one horse ; or, in lieu of one 
 yoke of oxen and a horse, a span of horses ; ten sheep, and the wool from the 
 same, either in the raw material or manufactured into yarn or cloth ; the neces- 
 sary food for all the stock mentioned in this section for one year's support, eitlier 
 provided or growing, or both, as the debtor may ciioose ; also one wagon, cart, or 
 dray; <H\e sleigh, one plough, one drag, and other farming utensils, mcludiug 
 tackle for teams, not exceeding fifty dollars in value. 
 
 7. The provisions for the debtor and his family necessary for one year's sup- 
 port, either provided or growing, or both, and fuel necessaiy for one year. 
 
 8. The tools and implements, or stock in trade, of any mecbauic, miner, or 
 other pei-son, used and kept lor the purpose of carrying on his trade or business, 
 not exceeding two hundred dollars in value ; the library and implements of any 
 professional man, nor. exceeding two hundred dollars in value: all of which arti- 
 clef, hereinbefore intended to be exempt, shall be chosen by the debtor, his agent, 
 iervant, clerk, or legal representatives, as the case may be. 
 
 9. All moneys arising- from insurance of any property exempted from sale on execution 
 when such property has been destroyed by fire. 
 
 Homestead-Exemption Law. 
 
 A H0ME8TKAD, consistin? of any quantity of laBd. not exceeding: forty acres, used for 
 agricultural purposes, and the dwelling: house thereon and its appurtenances, to be selected 
 by the owner thereof, and not included in any town-plot, or city, or villasre ; or instead thereof, 
 at the option of the owner, a quantity of land not exceeding in nmSunt one fourth of an 
 acre, hemg withm a recorded town-plot, or city, or villasje.und the dwellin8--house therfof 
 and its appurtenances, owned and occupied by any resident of the state, shall not he eut>- 
 ject to forced sale on execution, or any other final process froia a court, for any debt or lia- 
 bility contracted after the first day of January, one thousand ei^ht hundred and forty-nine. 
 
 Such exemption shall not affect any laborers' or mechanics' lien, or extend to any niort- 
 gatre thereon lawfully obtained ; but such morte-afee or other alienation of such land by th? 
 owner thereof, if a married man, shall not be valid without the eienuture of the wife to the 
 Bame. 
 
 Such real estate as is now exempt from forced sale on execution or any other final process 
 from a court, as the homestead of a family, shall likewise after the death of the owner 
 thereof, he exempt from the payment of his debts hereafter contracted, m all cases in which 
 ar.v mfunt children of the said owner shall survive the death of such owner, and no exe<t^ 
 lor or administraffjr shall have a right to the possession of any real estate so exen pted, » 
 to vhe rents or profits of the saiiw. 
 
SPECIAL LAWS OF VVISCONSLX. 345 
 
 Any person owning and occupying any dwelling-house on land not his own, 
 which land he shall he rightfully in posst- ssion o( by lease or otherwise, and olaiin- 
 iug such house as his homestead, shall be entitled to the exemption of such house. 
 
 Mechanics' Lien. 
 
 Section 1, of chapter 120 of tlie Revised Statutes was amended March 15. 
 1855, so as to read as follows : Every dwelling-house and other buildings here- 
 after constructed, erected, or repaired, all machinery hereafter constructed, put 
 ap or repaired in such manner as to become a fixture, within the State of Wis- 
 consin, to;rclher with the right, title, and interest, of the person or persons own- 
 ing such dwelling-house, building, or machinery, in and to the land upon wiiich 
 thii same shall be situated, not exceeding forty acres, or if within the limits of any 
 incorporated city or village plot, the lot on which such dwelling-houses, buildings, 
 or machinery, shall be situated, not exceeding in extent one acre, shall be subject 
 to the debts contracted for, or by reason of any work done or materials found, and 
 provided by any bricklayer, stonecutter, mason, lime merchant, carpenter, painter 
 and glazier, ironmonger, plasterer, lumber-merchant, machinist, or any other per- 
 son employed in erecting or furnishing materials in the erection, construction, or 
 repairing of such dwelling-house, building, or machinery, before any other lien 
 which originated subsequent to the commencement of such house-building or re- 
 pairs. Section tv^ro of said chapter one hundred and twenty, shall be constiued 
 so as to comply with section one of this act. 
 
 The law allows action to be commenced against executors and adminLstrntora 
 to perfect a lien. Sub-contractors must give notice to the owner within thirty 
 days after the work is done or materials furnished to the owner, or be debaned 
 from their lien. Lien to contiuue only one year. 
 
 Chattel Mortgages. 
 
 No mortgnge of personal property hereafter made, shall be valid against any 
 other person than the parties thereto, unless possession of the mortgaged property 
 be deliverei to and retained by ihe mortgagees, or unless the mortgage, or a 
 copy thereof he filed in the office of the town-clerk where the mortgager resides, 
 or in rase he does not reside in the state, in the town where the property mort- 
 gaged may be at the time of executing the same ; and such clerk shall endor<4U 
 ou such instrument or copy, the time of receiving the same. 
 
 Law regulating Contracts. 
 
 In the following cnsos, every agreement shall bo void, unless snch agreement, 
 or some note or memorandum thereof, expressing the consideration, be in wri- 
 ting, and subscribed by the party charged therewith : — 
 
 1. Every agreement that by the terms is not to be performed within one year 
 Gnom the making thereof. 
 
 9. Every special promise to answer for the debt, default, or miscarriage, of an- 
 other person. 
 
 3. Every agreement, promise, or undertaking, made upon consideration of nmr- 
 riat'c, except routunl promises to marry. 
 
 Every ermtract for the sale of any goods, chattels, or things in action, for the 
 price of fifty dollars or more, sljall be void, unless — 
 
 1. A note or memorandum of such contract be made in writing, and be sub- 
 ■criVied by the parlies to be charged therewith. 
 
 9. Unlr-sslhe buyer shall arce|»t and receive part of such goods, nr the evj- 
 denccs. or mime of them, of such things in action. 
 
 3 Unless tlw buyer ihall, at the time, pay some part of the purchase-money. 
 
346 SPECIAL LAWS OF WISCONSIN. 
 
 Limitation of Actions. 
 
 Actions for the recovery of lands must be brought within twenty j-ears aftei 
 the cause of action accrued. 
 
 Infants, persons insane, imprisoned, and married women, have ten years after 
 the removal of tlieir disability. 
 
 The follovi^ing actions shall be commenced within six years next after the cause 
 of action shall accrue, and not afterward: — 
 
 1. All actions of debt founded upon any contract or liability not under seal, 
 SKcept such as are brought upon the judgment or decree of some court of record 
 of the United States, or of any state or territory of the United States. 
 
 2. All actions upon judgments rendered in any court not being a court of record. 
 
 3. All actions for arrears of rent. 
 
 4. All actions of assumpsit, or on the case, founded on any contract or liability 
 express or implied. 
 
 5. All actions for waste and for trespass on land. 
 
 6. All actions of replevin, and all other actions for taking, detaininff, or inlnrinff 
 goods or chattels. d» j bt 
 
 7. All other actions on the case, except actions for slanderous words and libels. 
 All actions for assault and battery, and for false imprisonment, hnd all actions 
 
 for slanderous words and for libels, shall be commenced within two years. 
 
 None of the foregoing provisions shall apply to any action brought upon a prom- 
 issory note which is signed in the presence of an attesting witness, provided the 
 action be brought by the original payee, or by his executor or administrator : nor 
 to an action brought upon any bills, notes, or other evidences of debt, issued bv 
 any bank. ^ 
 
 In all actions brought to recover the balance due upon a mutual and ©pen ac- 
 count current, the cause of action shall be deemed to have accrued at the time 
 of the last item proved in such account. 
 
 It shall be lawful for any person against vehom any action shall be commenced in any 
 court of this state, when the cause of action accrued without the state, upon a contract 
 or agreement, express or implied, more tlian six years before the commencement of 
 the action, or upon any sealed or attested instrument in writing, a judgment or derree 
 of any court more than ten years before the commencement of the action, to plead the 
 flame, and give the same in bar of the plaintitf's right of action. 
 
 All personal actions on any contract not limited by the foregoing or by any other law 
 of this state, shall be brought within twenty years after the accruing of the cause of action 
 
 Persona under age, msane, imprisoned, or absent from the United States, and married 
 women, may have the same periods respectively after the removal of their disability. 
 
 rhe provisions of this chapter shall not be deemed as coverinjr any action cited in 
 Nos. 1 to 7, wherein it may be shown by the plaintiff, that the person pleading limitation 
 has withm the six years been known by another name, or when the fact is c8tablisbp<l 
 
 u- u u *^ changed his name, or answered habitually to a different name irom that hv 
 which he was known when the debt or liability was incurred 
 
 , Collection of Debts. 
 
 r^i.lT.^ff-'^™''^'^""^" attachment may issue against the property of a debtor when the 
 Pn^.h Jh Z T'"^''-'''.-^ ^'^ ^""^"^l' ?^''" "'^^'■' «" ^ffi-^avit, stating that the defendant is 
 indebted to the planitiff, and specifymg the amount of such debt over and above all sr-t- 
 otts, and that the same la duo on contract, express or implied, or upon judgment or de- 
 to bVlieve (Tther-"^' ^"'■^^•''■' ^ ^t^^ment that the deponent knows or has good reason 
 
 1. That tke delendarit has absconded or is about to abscond from this state, or that he 
 irooncealed therein, to the injury of his creditors ; 
 
 2. That the defendant has recigned, disposed of, or concealed, or is about to assism. 
 dispose of, or conceal, any of his property, with intent to defraud his creditors , or- 
 
SPECIAL LAWS OF WISCONSIN. 347 
 
 8. That tht- defendant is not R resident of this state ; or — 
 
 6. That the df-f'-ndnnt Is a foreiprn corporation ; or — 
 
 7. That the defendant has fraudulently conveyed or disposed of his property; <^r )| 
 
 1*irt of it, or is about Iraudulently to convey or dispose of the same, or a part ot it, with 
 ntcnt to defraud his creditors. 
 
 Arrest — No person shall be imprisoned for debt arising out of or founded on a con- 
 trkct, express or implied. 
 
 Deeds. 
 
 Co?»vBTANCT?s of lands, or of any estate, or interest therein, may be by deed, siirned 
 •nd sealed by tlie person from whom the estate or interest is intended to pass, being oi" 
 lawful age, or by his lawful agent or attorney, and acknowledged or proved and re- 
 cordf-d as directed (below), without any other act or ceremony whatever. 
 
 Deeds executed within this state of lands or any interest therein, shall bo executed in 
 the presence of two witnesses, wIk. shall subscribe their names to the same as such ; and 
 the persons executing such deeds may acknowledge the execution thereof before any 
 judt'o or commissioner of a court of record, or before any notary public or justice of 
 the peace within the state, or clerk of any court of record, or clerk of the board of super- 
 visors of any county of this state within their respective counties ; and the officer taUint; 
 •urh acknowledgment shall endorse thereon a certificate of the acknowledgment thereof, 
 and the true date of making the same, under his hand. 
 
 If executed in any other state, territory, or district of the United States, snch 
 jeed may be executed according to the laws of such state, territory, or district ; 
 tnd tlie execution thereof acknowledged before any judge of a court of record, 
 notary public, justice of the peace, master in chancery, or other officer authorized 
 oy the laws of such state, territory, or district, to take the acknowledgment of 
 deeds tlierein, or before any commissioner appointed by the governor of this state 
 iar such purpose. 
 
 In tlie caxes provided for in the last preceding section, unless the acknowledg- 
 ment be taken before a commissioner appointed by the governor of this state for 
 that purpose, such deed shall have attached thereto a certificate of tlie clerk or 
 other proper certifying oflicor of a court of record of the county or district within 
 which such acknowledgment was taken, under the seal of his olbcc, that tiio 
 person whose name is subscribed to the certificate of acknowledgment, was, at 
 tlie date thereof, snch officer as he is therein represented to be ; that he belicvea 
 the signature of such person subscribed thereto to be genuine ; and that the deed 
 is executed and acknowledged according to the laws of such state, territory, or 
 district 
 
 If in aibreign country, then before a notary public, or minister plenipotentiary, 
 or minister resident, or consul, appointed to reside therein. 
 
 When any married woman residing in this state, shall join with her Imsbacd 
 in any deed or conveyance ot, or relating to real estate, situate within this state. 
 or when she alone without joining with her husband, shall execute a release of 
 d<iwer, her acknowledgment or the jiroof of the execution of such deed, convey- 
 ance, or release, may be taken and certified the same as if she were sole, and if 
 ■<) taken and certified shall entitle such deed, conveyance, or release, to be re- 
 o.rded. 
 
 Form of Acknowledgment. 
 State of Wisconsin, ) 
 
 County of Dod^e, ] 
 
 Be it remembered, that on this tenth day of Mnrrk, one thou!»and eight hun- 
 dred And Jiffy one, before me, John Jo.sfs, a notary jrtiliHc, In and for said coun- 
 ty, personally appeared John Dojt and Susan hix wife, to me known to be tha 
 persons descrilKjd in and who executed the foregoing deed, and severally ao- 
 toowlcdged that they executed the same. 
 
 (8cal.J JOHN JONES, ^'olary Public. 
 
348 SPECIAL LAWS OF WISCONSIN. 
 
 Deeds must be recorded in the office of tiie legister or deeds of the conntj 
 TPhere the lands lie. 
 
 A ficroll or device, used as a seal, shall have the same effect as a seal ; but this 
 doe»» not apply to official seals. 
 
 Rights of Married Women. • 
 
 The widow ehall be entitled to dower of one third of all the lands whereof her husband 
 was se)z.ed of an estate of inheritance at ar.yrl22e during the raarriege, unless bhe is law- 
 fully barred. 
 
 The real estate, and the rents, ssuee, and profits thereof, of any female now married, shall 
 pot be 8ub]ect to the disposal of her husband- but shall be her sole and separate property, as 
 if ."he were a single female. ' y y i :iy 
 
 The real and personal property of any female who may hereafter marry, and which she 
 Wiall own at the time of marriage, and the rents, issues, and profits thereof, shall not.be aub- 
 Ject to the disposal of her husband, nor be liaoie for his debts, and shall continue her sole 
 and separate prof>erty. 
 
 Any married female may receive by inheritance, or by gift, grant, devise, or bequest, from 
 any person, other than her husband, and hoia lu her sole and separate use, and convey and 
 devise, real and personal property, and any interest or estate therein, and the rents, issues, 
 and proftfs, in the same manner and with like eflfect as if she were unmarried, and the sam? 
 shall not be subject to the disposal of her husband, nor be liable for his debts. 
 
 Any policy of insurance made by any insurance company on the life of any person, ex. 
 pressed to be for the benefit of a married woman, whether tlie same be effected by suck 
 married woman, or by her husband, or by anyotber person, on her behalf, shall enure to hei 
 sole and separate use and benefit and that of her children, if any, independently of her hue- 
 band and of his creditors and representatives, and also independently of any other person 
 eBecting the same m her behalf, his creditors and representatives ; and in case of the death 
 of the husband of such married woman, sucn policy and the benefit thereof shall not go t« 
 h;s executors or administrators, but shall belong to such married woman, and shall be foi 
 lier sole use and behoof and that of her children. 
 
 \n case of the death of any married womaii fc-r whose benefit and that of her children such 
 policy of insurance was effected, it shall and may be lawful for any court having authority 
 to appoint guardians for the minor children o"f such deceased married woman, which 
 giiardian so appointed shall have power to ho'.d and manage the interest of such minor 
 children m any such policy or the proceeds thereof 
 
 Any married woman, whose husband, either from drunkenness, profligacy, or from any 
 other cause, shall neglect or refuse to provide for her support, or for the support and edu- 
 cation of her children; and any married woman wlio may be deserted by her husband, shall 
 have the right in her own name, to transact business, and to receive and collect her own 
 earnings and the earnings of her own minor children, and apply the same for her own sup- 
 port, and the support and education of such children, free from the control and interference 
 of her husband, or any person claiming the same, or claiming to be released from the same 
 by or through her husband : Provided, That if it is denied by plea, that either of the causes 
 enumerated in this act, as entitling the married woman to sue in her own nama^exisls, in 
 point of fact, then the issue upon this plea shall be tried and determined by the jury trying 
 the case, with the other issues submitted. The issue upon this plea shall be tried and de^ 
 termined by the jury trying the case, with the other issues submitted.— ^/>., March 23, 18.55. 
 
 Rate of Interest. 
 
 Any rate of interest, not exceeding twelve per cent., agreed upon by the parties in con- 
 tract, epecifyina; the same in writing, is legal and valid ; if more be taken, the person paying 
 may recover treble the amount paid, if action be commeuced within one year after such pay- 
 ment. When no rate of interest is agreed upon or specified in a note or other contract, 
 seven per ceat. per annum shall be the legal rate. 
 
 Wills. 
 
 No will made within this state, except such noncnpative wills as are mentioned In section 
 numbered six, of chapter sixty-six of the Revised Siatntes, sliall be eflectual to pass any es- 
 tate, whether real or personal, nor to change or in anv way affect the same, unless it be in 
 writing, and signed by tbe testator, or by some person in his presence, and by his express 
 direction, and attested and subscrilied in the presence of the testator by two oranore com- 
 petent witnesses, and if the witnesses are competent at the time of attesting the execution 
 of the will, their sul)8equent incompetency, from whatever cause it may arise, shall nc pre- 
 vent the probate and allowance of the will, if it be otherwise satisfactorily proved 
 
SPECIAL LAWS OF MLWESOTA. SJO 
 
 MINNESOTA. 
 
 Territory organized, 1849.— Square Miles, 166,000,— Population in 18o5, 56,000. 
 
 1 
 
 Exemptions. 
 
 The following-named pr^erty shall be exempt 
 from sale under any execution, writ of attachment, 
 lor any other final process of a court: 1. All spinning- 
 [ wheels, weaving-looms, wiih their apparatus, and all 
 istovep and pipe."?, with their utensils, i)nt up or kept in 
 I any dwelling-house ; 2. A seat, pew, or slip, occupied 
 by any person or family, in any house or place of pub- 
 lic worship; 3. All cemeteries, monuments, tombs, and 
 rights of burial, while in use as repositories of the dead ; 
 4. All arms and kccoutremenls required by law to 
 be kept by any person; 5. All wearing apparel of 
 every person or family; 6. The miscellaneous library, and school book.s, of every 
 individual and family, not exceeding in value one hundred and fifty dollars, and 
 ■II family piclures; 7. To each householder ten sheep, with their fleeces, and 
 the yarn and clf)th manufactured from the samf, two cows, five swine, and pro 
 visions and fuel for the comfortable subsistence of such householder and family 
 for six months ; 8. To each householder, all household goods, furniture, and uten- 
 •ila, not exceeding in value two hundred and fifty dollars; 9. The tools, imple- 
 ments, material, stock, apparatus, team, vehicle, horses, harness. library, or other 
 things, to enable any person to carr>' on the profession, trade, occupation, or business, 
 in which such person may be wholly or principally engaged, not exceeding in 
 vaKie two hundred and fifty dollars ; the word team, in this subdivision shall bo 
 construed to raean*feither one yoke of oxen, a horse, or a pair of horses, as the case 
 may be; 10. A sufKcient Quantity of hay, grain, feed, and vegetables, necessary 
 for keeping for six months the animals mentioned in the several subdivisions ex- 
 empted from execution ; and any chattel mortgage, bill of sale, or other lien, crea- 
 ted on any part of the property, except such as is mentioned in the ninth subdi- 
 vibion of this «ection. shall be void, unless such mortgage, bill of sale, or lien, be 
 ligoed by the wife of tlie party making such mortgage, bill of sale, or lien! 
 
 
 1 
 
 V; V- 
 
 ^^te 
 
 1^ 
 
 Homestead Exemption. 
 
 Thkrk shall be exempt from sale on execution, or other process of a court, a 
 honwsteod ; that is to say, the land, and buildings thereon, occupied as a resi- 
 dence and owned by the debtor, he or she being a householder, to the value of 
 one thousand dollars ; snrh exemption shall continue aflcr the death of such 
 Jioijseholder. for the l)enefit of the widow and family, some, or one of them, con- 
 tinuing to occopy such h«»mPBtead until the youngest child shall become twenty- 
 nne years of aire, and until the marriage or death of the widow; and no rele.nse 
 or waiver of such exen>pti(>n shall be valid, unless the same nhall be in writing, 
 subscribed by such householder, and his wife, if he have one, and acknowledged 
 in the same manner as conveyances of real estate are by law required to be ac- 
 knowledged. 
 
 Such exemption shall not BfToct any laborer's, mechaBic's, or other lien, for labor 
 performed, or materials furnished in the erection, alteration, or repair, of any biiild- 
 iniT.ora.lditiou thereto, on such land; norrxt<'nd to any mortgage thereof lawfully 
 obtained: nor to nny sale for non-payment of taxes, or assessment thereon; nor 
 to any debts contracted or liabilities incurred for tlie purchase of said land. 
 
 If, in the opinion of the sheriff holding an execution against such houneliolder, 
 the premi.vs claimed by him or her are worth more than one thousand dollars, l;o 
 ftball summon six qnalillod jurors of this rounty, who shull, upon oath, to be a.l- 
 
 30 
 
"" "~ " 1 H 1 S ® f A. 11 
 

 # M 1 1 1 1 i © f 1. i^ 
 
 3Ctl 
 
352 SPECIAL LAWS OF MINNESOTA. 
 
 ministered to them by such sheriff, appraise said premises ; and if, in the opinion 
 of the jury, the property may be divided without injury to the interest of the 
 owner "thereof, they shail set off so much of said premises, including the dwel- 
 ling-house, as in their opinion shall be worth one thousand dollars, and the residue 
 of such premises may be advertised and sold by such sheriflf. 
 
 If, in the opinion of the jury, the value of the premises be more than one thou- 
 sand dollars, and the same can not be divided as provided for in the last prece- 
 ding section, they shall make and sign an appraisal of the value thereof, and 
 deliver the same to the sheriff, who shall deHver a certified copy thereof to tho 
 execution debtor, or to some one of his or her family of suitable age to understand 
 the nature of the same, with a notice attached, that unless the execution debtor 
 shall pay to said sheriff the amount of such appraised value exceeding the sum 
 of one thousand dollars, within sixty days thereafter, that said premises will 
 be sold ; and in case such execution debtor shall pay such excess to the sheriff, 
 as herein required, such premises shall not again be subject to appraisal in like 
 manner, until the expiration of one year after such payment. 
 
 in case the amount over and above one thousand dollars mentioned in the last 
 preceding section shall not be paid within the sixty days, it shall be lawful for 
 the sheriff to advertise and sell the said premises, and out of the proceeds of such 
 Bide he shall pay to said execution debtor the said sum of one thousand dollars, 
 which shall be exempt for one year thereafter, and the balance he shall apply on 
 euch execution; provided, that no sale shall be made unless a greater sum than 
 one thousand dollars shall be bid for such premises, in which case the sheriff 
 may return the execution for want of property. 
 
 Every householder occupying lands and tenements, to which he may have but 
 possessory title, by leave or otherwise, shall be entitled to the benefits of this act 
 as fully as if such lands and tenements were held in fee simple. 
 
 The costs and expenses of appraising and selling off every homestead, or of 
 appraising the same if not sold, as herein provided, shall be charged and included 
 in the sheriff's bill of costs upon the execution or other process, under which the 
 proceedings are bad. 
 
 Mechanics' Lien. 
 
 All and every dwelling-house or other building hereafter constructed and erected within 
 the territory of Minnesota, together with the rig-ht, title, and interest of the person or per- 
 sons owning such dwelling-house or other building on and to the land upon which the same 
 shall be situated, not exceeding forty acres, or if erected within the limits of any city, town, 
 or villa£;e plot, the lot on which such dwelling-house or other building shall be situated, not 
 exceeding in extent one acre, shall be subject to the payment of the debt contracted for or 
 by reason of any work done or materials found and provided by any brick-maker, brick- 
 layer, stone-cutter, mason, lime-merchant, carpenter, painter and glazier, iron-monger, plas- 
 terer, and lumber-merchant, or any other person employed in erecting or furnishing material 
 for and in the erection and construction of such house or other building before any other lien 
 which originated subsequent to the laying of stocks, or to the commencement of such house 
 or other building. 
 
 If such dwelling-house or other building or any portion thereof shall have been con- 
 structed under contract or contracts entered into by the owner thereof or his or her agent, 
 wiih any person or persons, no person who may have done work for such contractor or 
 contractors or furnished materials for him or them on his or their order or authority, shall 
 have or possess any lien on said house^or other building for work done or materials so fur- 
 nished, unless the person or persons so employed by such contractor to do work or furnish 
 materials for euch building, shall, within thirty days after commencing work or having fur- 
 nished materials as aforesaid, give notice in writing to the owner or owners of such build- 
 ing or to his or their agents, that he or they are so employed to work or to furnish or to have 
 furnished materials, and that they claim the benefit of the lien granted by this act. 
 
 No such debt for work and materials shall remain a lien upon such lands, houses or other 
 buildintrs longer thnn one year from the time of furnishing of materials or of Ih^perform- 
 nnce of the labor unless a petition or claim for the same shall be filed and an action for tho 
 reci>very thereof be instituted within the said year. 
 
 The claim or petition shall contain a^)i-ief statement of the contract or demand on which 
 it is founded and of the amount due thereon, with a description of the premises and all the 
 material factd in relation thert^o, and msiy be filed in the county or circuit court of the proper 
 county, either in term time or in vac.ition, either at or before the commencement of suit. 
 No transfer of the premises or property by the owner, agent, or occupant, shall in any way 
 tni- any claimanU from availing themselves of the provisions of this act 
 
SPECIAL LAWS OF MINNESOTA. 353 
 
 Each and every person having received satisfaction for his or their debt, for which a claim 
 is or has been or shall be filed or action broiisrlit, shall, at the request of any person inter- 
 ested in the building, on vphich the same was a lifin, or in having the said lien ronioved, or 
 of bis or their le^al representative on payment of the cost of tno claim or action, and on 
 tender of the cost of office fees for entering siitisfaction within six days after 8uch request 
 made, enter satisfaction for the claim, in the office where such claim was or shall be filed, 
 in such action brought, which shall for ever the^after discharge, defeat, and release the 
 same. 
 
 If such person, having received satisfaction as aforesaid, by himself or his attorney, shall 
 not within six days after the request and payment of costs of the claim or action, us tendered 
 as aforesaid, by liimself or his attorney duly authorized, enter satisfaction as aforesuid, he, 
 elie, or they neglecting so to do, shall forfeit and pay unto the parly or parties aH grieved ary 
 sum of money not exceeding one half of the debt for which the claim is iiled or action 
 brought as aforesaid, to be sued for and recovered by the person or persons damnified, in 
 like manner as other debts are now recovered by existing laws for the recovery of debts. 
 
 In nil cases of a lien created by this act, the person having a claim filed in accordance 
 with its provisions, may proceed to recover it by a personal action against the debtor, his 
 executi>r8 or administrators, or when the plaintiff is a sub-contractor, by *cire facia* against 
 the owner of the building. 
 
 When the suit is commenced by summons and judgment rendered for the plaintifT, exe- 
 cution may be issued and levied upon the premises, subject to such time and sale thereof 
 to he madfi, in the manner prescribed by law in ordinary cases. 
 
 If any part of the premises can be separated from the residue, and sold without damage 
 to the whole, and if the value thereof shall be sufficient to satisfy the jud^nent which may 
 be rendered and cost of suit and expense of sale, the court may order sale of that part if it 
 ■hall appear to be most for the interest of the pHrties concerned. 
 
 The officer who makes the sale shall give notice of the time and place appointed thereof 
 in the manner prescribed in relation to the sale of real estate, on execution, unless the court 
 •hall order other and different notice to be given, and such officer shall give to the purchaser 
 a deed of conveyance of the premises sold, which shall bo valid and effectual to pass all the 
 right, title, and mterest of the defendant in and to said premises absolutely, whether the 
 •ame hv held in fee simple, for life, or for years. 
 
 Any person or persons performing manual labor upon any land, timber, or lumber, for or 
 on account of the owner, agent, or assignee thereof, may avail themselves of the foregoing 
 
 fyrovisions of this act, and upon complying with the requirements thereof, shall have a like 
 ien thereon for the amount of work atid labor done and performed, and the said lien may 
 be carried into force and effect pursuant to Ilie foregoing provisions of this act. 
 
 All mechanics' liena which shall have been proved, shall lie as a debt on the land and 
 building on which the work was done, and be the s.imo as a mortgage on the same, with 
 twenty-five per cent. per,annum until the same be sold or paid. 
 
 Any person who shall make, alter, or repair, or bestow lalior on any article of personal 
 property, at the request of the owner or legal possessor thereof, shall have a lien on such 
 property so made, altered, or repaired, or upon which labor has been bestowed, for bis just 
 and reasonable char>;es, for the labor he has performed and materials he has furnished, and 
 •uch person may hold and retain possession of the same until such just wnd rea8onal)le char- 
 ges anall be paid, and if they be not paid within three months after the labor shall have been 
 performed, or the materials furnished, such person having such lien may proceed to sell the 
 ytn.u, r'v liv him so made, altered, or repaired, or upon which labor has been bestowed, at 
 n. by giving public notice of such sale by advertisement for three weeks in 
 .per published in the county, or if there be no such paper in the county, then 
 utiUri' of such sale in three of the most public pluces in the couuly, three 
 .;.• ; and the proceeds of such sale shall be applied first to "the dis- 
 cosis and expense of keeping and selling such property, and the 
 paid over to the owner thereof. The provisions of this and the 
 
 : V,. .i.ierfere with any special agreement of parties. 
 
 Any persui) who is a common carrier, and any person who shall, at the request of the 
 ow^er or lawful possessor of any personal property, carry, convey, or transport the same 
 from one place to another, and any person who shall safely keep or store any perscmal prop- 
 erty, at the request of the owner or lawful possessor thereof, shall have the same lien, and 
 th« Mune power of sale, for the satisfHction of his reasonable charges, npon the same coudU 
 tUtOB aud restrictiou as provided in the preceding sectioua 
 
 Chattel Mortgages. 
 
 Ant mortgage of pcrsnnal property, or a copy tlioreof maybe filed in the ofUco 
 of ilio reyister of dneds of any c«)unty where the piortgager exccntinp the snmo 
 rrHJ.K-s, or ill case he ia a noii reaident ot tlio lenit<M-y, then in the oflire of the 
 1 l.t? county wliere the properly mortgajj^e*] may he, at lht« time of exe- 
 
 mortgajije; and aurh register shall endorse on such iiistrurntMit or 
 ' , , "e of receivhig the same, and shall keep the same in hia office for the 
 
 iiinpectiuti of all persons; and anch mortgages »o iiled ahnli bo aa valid as if the 
 ■nme had been recorded iu the oflioo of the register of deeils. See also " Kxcinp- 
 tiooa." 
 
354 SPECIAL LAWS OF MINNESOTA. 
 
 Law regulating Contracts. 
 
 r.^,11^ ^ff^ "I ^'^!' ^^^ f^^^ey'^'^ces. and all transfers or assignments, verbal or 
 w.uten, of goods, chatteJs or things in action, made in trust for the use of the 
 
 ?e~ rotr p^eir' ^'^" '^ '^''^ '' ^^^^-^ ''' ^-'-^'-- --'-"^ - ^^ 
 
 In the following cases every agre'ement shall be void, unless such agreement, 
 or some note or memorandum thereof expressing the consideration, be In wS- 
 and subscribed by the party charged therewith: 1. Every agreement that by 
 the terms js not to be performed within a year from the makinl thereof; 2 Ev- 
 ery special promise to answer for the debt, default, or miscarriage of another ner- 
 son; J. Every agreement, promise, or undertaking, made upon consideration of 
 marriage, except mutual promise to marry. y ^y^ omerauon oi 
 
 .f nr""^ contract for sale of any goods, chattels, or things in action, for the price 
 of Wiy dollars and upward, shal be void, unless, 1. A note or memorandum of 
 the cwT'o o'n'f ^ •» wntmg, and subscribed by the parties to be charged 
 therewith; or, 2. Unless the buyer shall accept and receive part of such go^ds. 
 or the evidences, or some of them, of such things in action; or, 3. Unless the 
 buyer shall at the time pay part of the purchase-money 
 
 th«^^ ^"""f ^1* ^T^' '*'''" ^^ '"^1 \' J"."^''^ ""^^'^^"' ^"'i the auctioneer shall, at 
 the tune of the sale, enter in a sale-book a memorandum specifying the nature 
 and price of the property sold, the terms of the sale, the name of the purchase? 
 Zi^lThff the person for whc.se accoux,t the sale is made ; such memoran- 
 dum shall be deemed a note of the contract of sale within the meaning of the 
 
 Limitation of Actions. 
 
 An action for the recovery of real property, or for Uie recovery of the posses- 
 Bion thereof, must be commenced within twenty years. 
 
 An action upon a judgment or decree of a court of the United States or any 
 state or territory of the United States, within ten years. 
 
 Actions upon a contract; upon a liability created by statutes, other than those 
 upon a penalty or forfeiture ; for trespass upon real property; for taking, detain- 
 ing, and injanng, personal property, including actions for the specific recovery 
 thereof; for criminal conversation, or for any other injury to the person or rights 
 of another, not arising on obligation and not hereinafter enumerated; an action 
 for relief, on ground of fraud ; witliin six years. 
 
 An action against a sheriff, coroner, or constable, except for escape; upon a 
 statute for a penalty or forfoiture, where the action is given to the party atr- 
 grieved ; within three years. f J '^b 
 
 An action for libel, slander, assault, battery, or false imprisonment; upon a 
 statute lor a forfeiture or penalty to the territory ; within two years. 
 
 An action against a sheriff or other officer for escape of person arrested hy a 
 civil process, withm one year. 
 
 An action upon a statute for a penalty given in the whole or in part to the per- 
 son who prosecutes the same must be commenced within one year after the 
 commission of the offence, and if not commenced within one year by a r.rivate 
 party, it may be commenced within two years thereafter in behalf of the United 
 
 An action for relief not being provided for before, must be commenced within 
 ten years. 
 
 ^ If the person against whom the action accrues be out of the territory the ac- 
 tion may be commenced within the term herein limited, after his return and if he 
 departs after the action accrues, the time of his absence is not part of the limited 
 time. 
 
 If infants an insane person, a person imprisoned for a lees time than a natural 
 lile. maiTied women, the time of such disability is not a part of the time limited 
 except that the penod within which the action must be brought can not be ex- 
 tended more than five yenrs, except -nfancy, nor can it be so extended in any 
 case longer than one year after the disability ceaseg. 
 
SPECIAL LAWS OF MINNESOTA. 355 
 
 Collection of Debts. 
 
 Arrest and imprisonment on accunnt of any debt. jm3?mont, pecaniary lia- 
 bility, or demand due or claimed to be due, was abolished by act of 1855. 
 
 Arrests ii> the following cases can be made on criminnl prnce-ss : Where the 
 action is for a wilful injury to person or to property, knowing the property to be- 
 long to another; In an action for a fine or penalty, or for money or property em- 
 bezzled, or frRudulently misapplied, or converted to his own use, by a puMic 
 officer, or an officer of a corporation, o# an attorney, factor, broker, agent, or clerk, 
 iu the course of his employment as such; When the arrest of the defendant is 
 expressly authorized by special statates, in an action for a fine or penally, or for a 
 wilful violation of dnty; but no female can be arrested in any action, except for 
 a wilful injury to person, character, or property. 
 
 ATTACHMK^iT. — Any creditor shall be entitled to nfoceed by attachment in a 
 justice's court, against the property of his debtor, upon an affidavit that the de- 
 fendant is indebted to the plaintiff fn a sum exceeding five dollars, that the same 
 is due on some contract express or implied, or upon judgment or decree of some 
 court, and containing a further statement that the deponent has good reason to 
 believe either — 
 
 That the defendant is'fli non-resident corporation, or not a resident of this terri- 
 tory, and has not resided therein for three months immediately preceding; that 
 defendant has absconded, or is about to abscond ; that he has removed or is about 
 to rem(jve his property ; that he resides in any other county, and more than one 
 hundred miles from the residence of the justice ; that he contracted the debt under 
 fraadalent representations; that he conceals himsejf; or that he has fraudulently 
 conveyed or disposed of (or is about to dispose of) any of his property or efi'ects. 
 
 Deeds. 
 
 CoNVETANCFS of Innds, or of any pptnte, or interest therein, mny bft mnde by deed, 
 •igned and sfnlod by the person from whom the estate or iiittTcst Ks intended to pHSs, 
 beina of biwful aiie. or f)y his lawlnl aamt or attorney, and acknowledged or proved, 
 and rword(?d as directed below, without any other act or ceremony wliatever. 
 
 Dwds pxeruted within this territory, of lands or any internet in lands therHn, sh-ill bo 
 executed in the presence of two wittipss^'s, who shall subscribe their nwrnes to the same 
 as such ; and the person nxpcuting such deeds may acknowleiipo the execution thereof, 
 before any judi?e or commissioner of a court of record, or before any notary public or 
 justice of the p*»ace within the ti^rriiory; and the officer taking such acknowledgment 
 khal] endorse thereon a c.-rtificate of the acknowledgment thereofj and the true date of 
 maiciii:^ the f^ame, under his hand. 
 
 If any such d.«'d shall be executed in any oth^r state, territory, or district of the I'ni- 
 tc(\ .''tnt'^s, such deed may be execuU'd according to the laws of such state, territory, or 
 district, and the execution thereof may be acknowledged before any judge of any court 
 of record, notary public, justice of the peace, master in chancery, or other officer au- 
 thorized by the laws of such state, territory, or district, to take the ackn()wle<l'.'tnpnt of 
 deeds ther-in, or before any commi-isioner app<jinted by the governor of this ten itcjry for 
 fuch purpose. 
 
 In the caaes provided for in the last preceding section, unless the acknowledtrment bo 
 taken »)efore a commissioner appointed by the governor of this territory for that pur- 
 pose, such deed shall have attached thereto a certificate of the clerk or other proper cer- 
 tifying offiivr of a court ot record of the county or district within which such acknowb 
 edgment whs taken. und.T the senl of his office, that the person whose name is 8ul).scribed 
 to the certificate of acknowledu'ment w.is, at the date thereof such officer as bn is th>re. 
 In represented to Iw, tliat he U-lieves the signature of such per.aon suliscribed thereto to 
 be u- niiti'; (in 1 that the deed id executed and acknowledged according to the laws of 
 •ucb , ry, oi dl-trict. 
 
 l! • x^-cuted in a foreign country, It may be executed according to the laws 
 
 nf - I tlie rxi^rufion thereof may \w. acknowledged bef(»re nny notiuy puf). 
 
 li'' ■ I'lenipotentiary. mini-ter extraordinary, minister resident, 
 
 ' b . r, or consul, of the United States, appointed to reside 
 
 tb> Fit (hall be ceitified thereon by the officer taking the same, 
 
 ux'i ini u DiK. n before a notary public, his aeal of office shall be affixed tu 
 
 ^■^ ried woman rcMdlng in this territory shall join with her hu«band in a 
 
 detti »■ • ■,.:-■ _, ...tu! ijf reid estate, situate within this terri'ory, the acknowledgment of 
 the wile shaii be taken separately npart from her husband, and she shall acknowledga 
 tbat she cxocub^d such deed fre«'ly and without any fear or compulsion from any one. 
 
 30» 
 
256 SPECIAL LAWS OF MINNESOTA. 
 
 When married wompn not residing in this territory, shall join with the hushnnd in nny 
 conveynnce of real estate situated within this territory, the conveyance shall have the 
 saino effect as if she were sole, and the acknowledgment or proof of the execution of 
 such conveyance hy her may he the snme as if she were sole. 
 
 A scroll or device used as a seal upon any deed of conveyance or other instrument ■ 
 whatever whether intended to be recorded or not, shall have the same force and eflfect 
 as a seal attached thereto, or impressed thereon ; but this section shall not be construed 
 to apply to such official seals as are or may be provided for by law. 
 
 Form of Acknot^ledgment. 
 Territory of Minnesota, ) 
 
 County of Eamsey, ) ' 
 
 Be it known. That on this Jlrst day of February, A. D. 1856, personally came before me 
 John Smith and Mehitable Smith his wife, to me personally known to be the identical 
 prrsona descrit)ed in, and who executed the within conveyance, and acknowledged that 
 they executed the same, and the taid Mehitable Smith acknowledged, on. an examination 
 separate and apart from her sMd husband, that she executed the said conveyance freely and with- 
 out any fear or compulsion from any one. SAMUEL SHALLOW, Justice of the Peace. 
 
 Rights of Married Women. 
 
 A GKNKRAL and henelicial power mny be given to a married woman to di-spose during 
 the marriage, and without the concurrence of her husband, of land conveyed or devised 
 to her in fee. 
 
 A special and beneficial power may be granted, 1. To a married woman to dispose, 
 during the marriage and without the consent of her husband, of any estate less than a 
 fee belonging to her in the lands to which the power relates. 
 
 2. Wiien a married woman entitled to an estate in fee shall be authorized by a power 
 to dispose of such estate during her marriage, she may by virtue of such power, create 
 any estate which she might create if unmarried. 
 
 And any mnriied woman may devise and dispose of any real or personal property, held 
 by her or to which she is entitled in her own right, by her last will and testament In wri- 
 ting, and may alter or revoke the same in like manner that a person under no disability 
 may do the same ; provided, that no such will, alteration, or revocation shall be of any 
 validity without the consent of the husband of' such married woman, in writing annexed 
 to such will, alteration, or revocation, attested and subscribed, and to be proven and re- 
 corded in like manner as a last will and testament is required to be attested, proven, and 
 recorded. 
 
 The real or personal estate of a female, acquired before marriage, shall not be liable 
 during marriasre for the husband's d"bt3 or liabilities. 
 
 Dower. — The widow of every deceased person shall be entitled to dower, or the use, 
 duiMng her natural life, of one third part of all the lands whereof her husband was seized 
 of an'estiite of inheritance, at any time during the marriage, unless she is lawlully 
 barred thereof, or has voluntarily relinquished her right of dower. W 
 
 Rate of Interest. 
 
 Any rate of interest agreed upon by parties in contract, specifying the same in writing, 
 shall be legal and valid. When no rate of intei'est is agreed upon, or specified in a note 
 or other contract, seven per centum per animm shall be the legal rate. 
 
 Wills. 
 
 No will made within this territory, except nuncupative wills, shall be eflfectual to pass 
 nny estate, whether real or personal, nor to chruige, or in any way aifect the same, unless 
 it he in writ! ns; and signed by the testator, or by some person in his presence, and by his 
 express direction, and attested and subscribed iu the presence of tlie testator by two or 
 more competent witnesses. 
 
 No nuncupative will is go'jd (except that of a soldier or sailor in actual service) to be- 
 queMth more value than one hundred and fifty dollnrs, unless proved t)y the oath of three 
 witnesses present at its making, antl requested by the testator to henr witnes.n to the Fame, 
 nor unless made in the testator's last sickness, and at his habitation, except when he is 
 nnexpictf'dly taken sick and dies away from such habitation. Such will must be proved 
 within six months of its making unless the words of the testator be reduced to writing 
 within six days of the time they are spoken. The probate of such will will not be al- 
 lowed within fourteen days of tesbitor's decease nor without notice to the widow and all 
 persons interested. 
 
 All beneficial decrees, legacies, and gifts, whatsoever, made or given in any will to a 
 subscribing witness thereto, shall bo wholly void, unless there be two other competent 
 fiubscribiug vvitaesscs to the same. 
 
SPECIAL LAWS OF CALIFOR.VM. 357 
 
 CALIFORNIA. 
 
 ConstituUuc adopted 1849.— Square Miles, 188,981.— Population in 1849, 125.000. 
 
 Mechanics' Lien. 
 
 All rnastt'r-builders, mechanics, lumber-merchanu, nad uB 
 other persons periormins labor or furnigliing materials for 
 the construction or repair of any building or wharf, shall 
 have a lien, separately or jointly, ui)on the building or build- 
 ingB, or whart, which they may have constructed or repaired, 
 or for which ihvy may have furnished materials of any de- 
 Bcription, to the extent of the labor done or mattriuls tur- 
 nlshcd, or for both. 
 
 Any such contractor, journeyman, or laborer, who may 
 be employed in the construction or repairing of any build- 
 ing or wharf. r,r in furnishing any materials for the same, 
 may give to the owner or owners of the building or build- 
 ings, or wharf, on which he may have worked, or for the construction of which he may 
 have furnished materials, notice in writing, particularly setting forth the amount of his 
 claim, and the service rendered, for which his employer is indebted to him, and that ho 
 holds said owner or owners responsible for the same ; and the ovraer is hereby mado 
 fialile for the amount so claimed, jf indebted to the employer to the amount; if not, 
 tlien to the amount due from him to said employer at the time such notice was served. 
 
 When any such contractor, journeyman, or laborer, shall have given the notice pre- 
 ti ribed in the preceding section, he shall present to his ernpioyer a copy of such notice 
 for hia endorsement. If such employer endorse*thereon tliat the claim is correct, tho 
 owner or other person liable shall pay the same, if indebted to the employer in tho 
 •mount; if ni>t, then the amount due from mm to said employer at the time the notice 
 Whs sirved. If he fail or refuse so to pay, such sub-ccnti-actor, journeyman, or laborer, 
 shall, within tiiirty days after the service of the notice, commence an action in tho 
 proper court to enforce his lien. If, by the terms ot the contract between the owner 
 fend the contmctor, the money be payable at some future day, such sub-contractor, 
 to'imeyman, or laborer, may file the copy of the notice, with the endorsement Ihereoi., 
 fn the recorder'* oflii« of tiie county in which the building or wharf is situated ; and 
 »h>ill hRve thirty dayi after the money becomes due in which to commence his actioi.. 
 If lie tail to commence his action as prescribed in tiiis section, his lien shall be lost 
 
 If the employer fail or refuse to make the endorsement recjuired by th e pnrcedlnj; 
 •<>ctiun, rjch subcontractor, journeyman, or laborer, shall lone his lien for tiie amount 
 claimed, unless he shall, within thirty days i.'tcr the service of the notice, coimnencti 
 »n action in the proper court against his employer to establish the amount iif the claim. 
 If he obtain judgment ajxainsl his employer, he shall .of=e his lien frjr the amrunt thereof^ 
 jnlfrtd, within thirty days thereafter, he suiu. commence an action against the owner 
 for the amiiunt et- tab lit. lied by ih<; judgment, if the money be then due from the owner 
 to tho contractor ; if not, then he thall file in the rt^corder's office of the county in which 
 the building or wharf is 6ituat<-d, a notice ui said claim and judgment ; and shall com- 
 inr-nce ht!« action ngainet the owner withm inirty days after the money is due from the 
 ownor to the contractor. 
 
 The owner or other person made liable, as aforesaid, for the amount admitted to hfl 
 due, or established by judgment, may set oti the same in any action brouribt against him 
 by the contractor or person otherwise entitled to recover tlte same, under t^e contract. 
 The land up«n which any building shall oe erected, together with the spncc around 
 the same, not exceeding five hundred square feet, clear of the building, shall alf^o bo 
 sabj»<l Im tb< Hlxive lien, if the said land shall have been at tiie time of the erecting of 
 liie '>" cijiertj- of the person oi wofsons, corporation or association, con tract- 
 
 ir.ff t or repair of the ^nmK 
 
 An-. m: to avail hiniKi If ot the provisions of the first section of this act, 
 
 » h'-tii • hhall tile In ilie recorder's office of the county in which 
 
 Uie bii.i I ;, at any time befor*- the expiration of sixty dnys after 
 
 tbo fii-i.' .. ,1 repairs, n<>tic« of hij intention to hold a lien upon the 
 

 
 368 
 

 oh'J 
 
360 SPECIAL LAWS OF CALIFORNIA. 
 
 property declnrrd by Ihls act liable to such lif>n, for tlie amount dno, or to iK'come due 
 to him, siiecifically setting forth the amount claimed; upon his failure to do bo, (he lien 
 shiill be ]oft. 
 
 •No such linn shall bind any building or wharf for a longer time than one year after thn 
 work is done, or the materials hav" been furniched, unless suit be brought in a proper 
 court to enforce the same within that time, or if a credit be given, within' one year from 
 the expiration of tj^e credit ; but no lien shall be continued in force for a longer term 
 thiin two years from the time the work is completed, or the materials furnished, by any 
 Bgrtement to give credit. 
 
 The lien for work or materials, given by this net, shall be preferred to every other lien 
 or incumbrance which attached upon the property subsequent to the time at which the 
 work was commenced or the materials were furnished. 
 
 Any mechanic or artisan who shall make, alter, or repair, any article of personal prop- 
 erly, at tlie request of the owner or legal possessor of such property, shall have a lien on 
 huch property so made, altt?red, or repaired, for his just and reasonable charges, for his 
 work done and materials furnished; and may hold and retain the possession of the same 
 until such just and reasonable charges shall be paid ; and if not paid for within the space 
 of two moiiths after the work shall have been done, such mechanic or artisan may pro- 
 ceed to sell the property by him so made, altered, or repaired, at public auction, liy giv- 
 ing three weeks' public notice of such sale, by advertisement, in some new.^paper pub- 
 lished in the county in which the work may be done; or if there be no such newspaper, 
 *^ n by posting up notices of such sale in three of the most public places in the town 
 . -lere such work was done: and the proceeds of said sale shall be applied, first, to the 
 discharge of such lien, and the costs and expenses of keeping and selling such property, 
 and the remainder, if any, shall be paid over to the owner thereof. 
 
 Bridges, ditches, flumes, or aqueducts, constructed to create hydraulic power, or for 
 mining purposes, are subject to a mechanics' lien ; and all master-builders, mechanics, 
 lumher-merchants, contractors, journeymen, or laborers, and all other persons perform- 
 ing lalior, or furnishing materials for, or employed in the construction or repair of, any 
 bridg»\ ditch, flume, of aqueduct aforesaid, shall have the same lien, subject to the same 
 
 !) revisions and regulations as, in and by the foregoing act, is provided for liens upon 
 )uilding8 and wharves. 
 
 LIEN ON VESSELS. 
 
 Every boat and ve?sel used In navigating the waters of this state shall be liable 
 
 1. For all debts contracted by the master, owner, agent, or consignee thereof, on ac 
 count of supplies furnished for the use of such boat or vessel ; on account of work done 
 or services rendered on board of such boat or vessel ; on account of labor dune or ma- 
 briiils furnished by mechanics, tradesmen, or others, in and for the building, i-epaiting, 
 and fitting out, furnishing or equipping such boat or vessel. 
 
 2. For all sums due for the wharfage or anchorage of such boat or vessel within tho 
 Btfite. 
 
 ^. For demands or damngps accruing from the non-performance or mal-performance 
 of any contract totiching the trnnsf)ortatlon of persons or property, entered into by the 
 master, owm-r, agent, or consignee, of the boat or vessel on which such contract is to 
 be performed ; and — 
 
 4. For all injuries done to persons or property by such boat or vessel : provided the 
 Wfiges of mariners, boatmen, and others, employed in the service of such boats and ves- 
 sels, shall have the preference, and be first paid. 
 
 Any pf-rson having a demand as aforesaid, instead of proceeding for n recovery there- 
 of against the master, agent, owner, or consignee, of a boat or vessel, may, at his option, 
 Institute suit against such boat or vessel by ueme. 
 
 All actions against a boat or vessel, under the provisions of this act, shall be com 
 meuccd and sued within fifteen days after the cause of such action shall have accrued. 
 
 Chattel Mortgages. 
 
 No mortgage of personal property herenfter made shall bo valid against any other per- 
 ions than the parties thereto, unless possession of the mortgaged property be delivered 
 to and retained by tho morlgagee. 
 
SPECIAL LAWS OF CALlFORxMA. 361 
 
 La'w regulating Contracts. 
 
 In the following cases, every agreement shall be void, unless such agreement, or some 
 note ormemoranaum thereofj expressing the consideration, be in writing:, and subscribed 
 by the party charged therewith: I. Every agreement that by the terms is not to he per- 
 formed within one year from the making thereof 2. Every special promise to answer for 
 the debt, default, or miscarriage, of another. 3. Every agreement, promise, or undertaking, 
 made upon consideration of marriage, except mutual promises to marry. 
 
 Every contract for tlie sale of any goods, chattels, or things in action, for the price of two 
 hundred dollars or over, shall be void, unless — 1. A note or memorandum of such contract 
 be made in writing, and be subscribed by the parties to be charged therewith; or, 2. Unless 
 the buyer shall accept or receive part of such goods, or the evidences, or some of them, of 
 such t£ing8 in action ; or, 3. Unless the buyer shall at the time pay some part of the pur- 
 chase-money. 
 
 Whenever any goods shall be sold at auction, and the auctioneer shall, at the time of sale, 
 enter in a sale-book, a memorandum, specifying the nature and price of the property sold, 
 tlie terms t)f the sale, the name of the purchaser, and the name of the person on whose ac- 
 count the sale is made, such memorandum shall be deemed a note of the contract of sale 
 within the meaning of the last section. 
 
 No estate or interest in lands, other tlian for leases for a term not exceeding one year, nor 
 any trust or power over or concerning lands, or in any manner relating thereto, shall here- 
 after be created, granted, assigned, surrendered, or declared, unless by act or operation of 
 law, or by deed, or conveyance in writing, subscribed by the party creating, granting, as' 
 eigning. surrendering, or aeclaring the same, or by iiis lawful agent thereunto autliorized 
 by writing. Every instrument required by any of the provisions of this act to be subscribed 
 by any party, may be subscribed by the lawful agent of such party. 
 
 Limitation of Actions. 
 
 No action for tiio recovery of real property, or for the recovery of the possession 
 thereof, shall be maintained, unless it appear that the plaintiff, his ancestor, predecessor, 
 or grantor, was seized or possessed of the premises in question, within five years before 
 the commencement of such action. 
 
 No cause of action, or defence to an action founded upon the title to real property, or 
 to rents or services out of the same, shall be effectual, unless it appear tliat the person 
 prosecuting the action, or making the defence, or under whose title the action is prose- 
 cuted, or the defence is made, or the ancestor, predecessor, or grantor of such person, 
 was seized or possessed of the premises in question, within five years before the com- 
 mencement of the act in respect to which such action is prosecuted or defence made. 
 
 No entry upon real estate shall be deemed suflicient or valid as a claim, unless an 
 action be commenced thereupon within one year after making such entry, and within 
 fire years from the time when the right to make such entry descended or accrued. 
 
 If a person entitled to commence any action for the recovery of real property, or to 
 make an entry or defence, founded on the title to real property, or to rents or serricea 
 oit of the same, be. at the time such titie shall first descend or accrue, either — 
 
 1. Within the age of twenty-one years ; or — 
 
 8. Insane; or — 
 
 3. Imprisoned on a criminal charge, or in execution upon conviction of a criminal 
 offence, for a term less than for lile ; or — 
 
 4. A married woman — 
 
 The time during which siich disability shall continue shall no.t be deemed any portion 
 of Uie time in this act limited for the commencement of such action, or the making of 
 •uch entry or defence ; but such action may be commenced, or entry or defence made, 
 within tiie |)eriod of five years after such disability shall cease, or after the death of tho 
 peri»on entitied, who shall die under such disability : but such action shall not be com- 
 menced, or entry or defence made, after that period. 
 
 Actions, other than those for the recovery of real property, can only be commenced 
 M follows : — 
 
 Within five years : an action upon a Judgment or decree of any court of the Unltod 
 State*, or of any state or territory within the United States. 
 
 Within tdur years : an action upon any contract, obligation, or liability, founded 
 ■poT! 't of writing, except those mentioned in the preceding section. 
 
 W irs: J. An action upon a liability created by statute, otiier than a 
 
 penar ire. 2. An action for treojin^-H ujxin n-al property. 3 An action for 
 
 taking, dctiiiniiiy, or Injuring, any gcKMls or chattels, including actions for the specific 
 recorenr of personal property. 4. An action for relief on the ground of fraud, the 
 e«aae ui action in such case not to be deemed to have accrued until the diacovery, by 
 the af grlered party, of the facu constituting the fraud. 
 
 31 
 
362 SPECIAL LAWS OP CALIFORNIA. 
 
 Within two years : 1. An action upon a contract, obligation, or liability, not founded 
 upon an instrument of writing, except an action on an open account, for goods, wares, 
 and merchandise, and an action for any article charged in a store account. 2. An action 
 against a sheriff, coroner, or constable, upon the liability incurred by the doing of an act 
 ui his official capacity, and in virtue of his oflBce, or by the omission of an olficial duty, 
 including the non-payment of money collected upon an execution. But this section 
 •hall not apjjly to an action for an escape. 
 
 Within one year : I. An action upon a statute for a penalty or forfeiture, where the 
 action is given to an individual, or to an individual and the state, except where the 
 Gtatute imposing it prescribes a diilerent limitation. 2. An action for libel, slander, as- 
 sault, battery, or false imprisonment 3. An action upon a statute for a forfeiture or 
 penalty to the people of this state. 4. An action against a sheriff or other officer for the 
 escape of a prisoner, arrested or imprisoned on civil process. 5. An action on an open 
 account, for goods, wares, and merchandise, sold and delivered. 6. An action for any 
 orticle charged kx a store account 
 
 In an action brought to recover a balance due upon a mutual, open, and current 
 account, where there have been reciprocal demands between the parties, tlie cause of 
 action shall be deemed to have accrued from the time of the last item proved in the 
 account on either side. 
 
 If a person, entitled to bring an action mentioned in the last preceding chapter, ex- 
 cept for a penalty or forfeiture, or against a sheriff or other officer for an escape, be, at 
 the time the cause of action accrued, either — first, within the age of twenty-one years ; 
 or, second, insane ; or, third, imprisoned on a criminal charge, or in execution under 
 the sentence of a criminal court, for a term less than his natural life ; or, fourth, a mar- 
 ried woman : the time of such disability shall not be a part of the time limited for the 
 commencement of the action. 
 
 When a person shall be an alien subject or citizen of a country at war with the Uni- 
 ted States, the time of the continuance of the war shall not be part of the period limited 
 for the commencement of the action. 
 
 No acknowledgment or promise shall be sufficient evidence of a new or continuing 
 contract, whereby to take the case out of the operation of this statute, unless the same 
 be contained in some writing, signed by the party to be charged thereby. 
 
 Collection of Debts. 
 
 Ahrest. — No person shall be arrested in a civil action except as prescribed by this 
 act ; but tliis provision shall not apply to proceedings for contempt 
 The defendant may be arrested in the following cases : — 
 
 1. In an action for money received, or property embezzled or fraudulently misap 
 plied, by a pubhc officer, or by an attorney or counsellor, or by an officer or agent of a 
 corporation, in the course of his emplojrment as such, or by any factor, agent, broker, 
 or other person in a fiduciary capacity. 
 
 2. When the defendant has been guilty of a fraud in contracting the debt or incurring 
 the obligation for which the action is brought, or in concealing or disposing of the 
 property for tlie taking, detention, or conversion of which, the action is brought 
 
 3. When the defendant has removed or disposed of his property, or is about to do so, 
 with intent to defraud his creditors. But no female shall be arrested in any action. 
 
 Attachment. — Any creditor shall be entitled to proceed, by attachment in the dis- 
 trict court, against the property of his debtor, in the manner provided in this act 
 
 Before any writ of attachment shall be issued, the plaintiff, his agent or attorney, shall 
 take and subscribe an affidavit in writing that the defendant is indebted to the plaintiff 
 in the sum of two hundred dollars or over, specifying the amount of such indebtedness 
 as near as may be, over and above all legal set-offs, and that the sum is due upon con- 
 tract, express or implied, and tliat the deponent knows, or has good reason to believe, 
 either — 
 
 1. That the defendant has absconded, or is about to abscond from this state, or that 
 he is concealed therein, to the injury of his creditors ; or — 
 
 2. That the defendant has removed or is about to remove any of his property out of 
 this state, with intent to defraud his creditors ; or — 
 
 3. '»bat he fraudulently contracted the debt, or incurred the obligation, respeetiug 
 Which the suit is brought ; or — 
 
 4. That the defendant is a non-resident of the state ; or — 
 
 5. That the defendant "has fraudulently conveyed, disposed ot, or concealed his prop 
 erty, or a part of it, or is about fraudulently to convey, dispose o^ or conceal the e&me 
 or a part of it, with mUmt to defraud his creditors. 
 
SPECIAL LAWS OF CALIFORNIA. 363 
 
 Mo writ of ettachment Bhall be Issued under the provisions of this act in the district 
 court, unless the amount stated in such oath or affidavit as due to the plaintiff', over and 
 above legal setoffs, shall exceed the sum of two hundred dollars. 
 
 At the time of filing the affidavit, and before the issuance of any writ of attachment, 
 the plaintiff, or some responsible person in his behalf, shall execute a bond with suffi- 
 cient surety, in a sum at least double the amount of the demand sworn to, payable to 
 the defendant, and conditioned that the plaintiff shall pay to the defendant all damages 
 that he may incur, by reason of the wrongful suing out of the writ of attachment 
 
 Attachment may issue, although the debt or demand of the plaintiff be not due, when 
 It is shown by the affidavit — 
 
 1. That the defendant is about to abscond from the state, or that he is concealed 
 therein, to the injury of his creditors ; or — 
 
 2. That the defendant is about to remove any of hia property out of the state, or that 
 he is about fraudulently to convey, dispose of, or conceal the same, with intent to de- 
 fraud his creditors : 
 
 In this case no judgment shall be rendered until the debt becomes due, but the attach- 
 ment shall give a lien as in other cases. 
 
 Deeds. 
 
 CoNVKTANCES of lands, or of any estate or interest therein, may be made by deed, 
 •iened by the person from whom the estate or interest is intended to pass, being of law 
 ful age, or by his lawful agent or attorney, and acknowledged or proved and recorded 
 BM hereinafter directed. 
 
 A husband and wife may, by their joint deed, convey the real estate of the wife in 
 like manner as she might do by h>*r separate deed if she were unmarried. 
 
 Every conveyance in writing, Wljereby any real estate is conveyed or may be affected, 
 •hall be acknowledged, or proved and certified, in the manner hereinafter provided. 
 
 The proof or acknowledgment f f every conveyance aflecting any real estate shall be 
 takon by some one of the followint' officers : — 
 
 1. If acknowledged or proved within this state, by some judge or clerk of a court 
 having a seal, or some notary publ'c, or justice of the peace, of the proper county. 
 
 2. If acknowledged or proved without this state, and within the United States, by 
 •ome judge or clerk of any court of the Ifnited States, or of any state or territory having 
 a seal, or by any commissioner appointed by the government of this state for that 
 purpose. 
 
 3. If acknowledged or proved without the United States, by some judge or clerk of 
 any court of any state, kingdom, jr empire, having a seal, or by any notary public 
 therein, or by any minister, commissioner, or consul of the United States, appointed to 
 reside therein. *" 
 
 Every officer that shall take the proof or acknowledgment of any conveyance affect- 
 ing any real estaU-. shall grant a certificate thereof, and cause such certificate to be 
 endorsed or annexiJ to such conveyance. Such certificate shall be — 
 
 1. Waen LTanted by any ^udge or clerk, under the hand of such Judge or clerk, and 
 the seal of tne court 
 
 2. When grant«'d by an officer who has a seal of office, under the hand and official 
 •eal of such officer. 
 
 No acknowledgment of any conveyance whereby any real estate is conveyed or may 
 be affected, ahall l)e taken, unless the person offering to make such acknowledgment 
 •haO he Dersonally known to the officer taking the same, to be the person whose name 
 U sulfscnbed to such conveyance as a party thereto, or shall be proved to be such by 
 the c Ath or affirmation of a credible witness. 
 
 The certificate of such acknowledgment shall state the fact of acknowledgment, and 
 that the person making the same was personally known to the officer granting the cer- 
 tificate to be the person whose name is subscribed to the conveyance as a party thereto, 
 or was proved to be such by the oath or affirmation of a credible witnnss, whose name 
 shall be inserted in the certificate. Such certificate shall bo subs^tantially in the follow- 
 ing form, to wit : — 
 
 Forms of Acknowledgment. 
 
 Slate of California. ) 
 
 County of HutUr. < " 
 On this tkkrtiak day of Dtctmber. A. D. one thousand eight hundred and fifty, person 
 •Ujr appeared belore me, John Jokes, • notary public (or judge, or oj^csr, as toe cas« 
 
364 SPECIAL LAWS OF CALIFORNIA. 
 
 may be] in and for the said county, John Doe and Susan his wife, known to me to be 
 the persons described in and who executed the foregoing instrument, who acknowledged 
 to me that they executed the same freely and voluntarily, and for the uses and purposes 
 therein mentioned ; ajul the said Susan, having been by me first made acquainted vrith the 
 contents of such conveyance, acknowledged, on an examination by me had apart from ana 
 without the hearing of her husband, that she executed the same freely and voluntarily, without 
 fear, or compulsion, or undue influence, of ha' husband, and that sfie does not wish to retract 
 the execution of the same. JOHN JONES, Notary Public 
 
 When the grantor is unknown to the court or ofiicer taking the acknowledgment, the 
 certificate may be in the following form, to wit : State of California, County of Sacra- 
 mento : On this tenth day of December, A. D. one thousand eight huiidred and fifty, per- 
 eonally appeared before me, John Jones, a notary public [or judge, or officer, as the case 
 may be] in and for the said county, John Doe, satisfactorily proved to me to be the- 
 person described in, and who executed the within conveyance, bj* the oath of Joha 
 Smith, a competent and credible witness for that purpose, by me duly sworn ; and he, 
 the said John Doe, acknowledged that he executed the same freely and voluntarily, fo» 
 the uses and purposes therein mentioned. JOHN JONES, Notary Public 
 
 Rights of Married WomexL 
 
 All property, both real and personal, of the wife, owned by her before marriage^ 
 and that acquired afterward by gift, bequest, devise, or descent, shall be her separate 
 property ; and all property, both real and personal, owned by the husband before mar 
 riage, and that acquired by him afterward by gift, bequest, devise, or descent, shall be 
 his separate property. 
 
 All property acquired after the marriage by either husband or wife, except such as 
 may be acquired by gift, bequest, devise, or descent, shall be common property. 
 
 A full and complete inventory of the separate property of the wife shall be made out 
 and signed by the wife, acknowledged or proved in the manner required by law for the 
 acknowled^ent or proof of a conveyance of land, and recorded in the office of the 
 recorder ot the county in which the parties reside. 
 
 If there be included in the inventory any real estate lying in other counties, the inven- 
 tory shall also be recorded in such covinties. 
 
 The filing of the inventory in the recorder's office shall be notice of the title of the 
 wife ; and all property belonging to her, included in the inventory, shall be exempt 
 from seizure or execution for the debts of her hxisband. 
 
 The husband shall have the management and control of the separate property of the 
 wife, during the continuance of the marriage ; but no sale or other alienation of any 
 part of such property can be made, nor any hen or incumbrance created thereon, im- 
 less by an instrument in writing, signed by the husband and wife, and acknowledged by 
 her upon an examination separate and apart from her husband, before a justice of the 
 supreme court, judge of the district court, county judge, or notary public, or if executed 
 out of the state, then so acknowledged before some judge of a court of record, or be- 
 fore a commissioner appointed under the authority of this state to take acknowledgment 
 of deeds. 
 
 The husband shall have the entire management and control of the common property, 
 with the like absolute power of disposition as of his own separate estate. The rents 
 and profits of the separate property of either husband or wife shall be deemed common 
 property. 
 
 Upon the dissolution of the community by the death of either husband or wife, one 
 half of the common property shall go to the survivor, and the other half to the descend- 
 ants of the deceased husband or wife, subject to the payment of the debts of the de- 
 ceased. If there be no descendants of the deceased husband or wife, the whole shall 
 go to the sujrvivor, subject to such payment. 
 
 In case of the dissolution of the marriage, by the decree of any court of competent 
 jurisdiction, the common property shall be equally divided between the parties, and the 
 court granting the decree shall make such order for the division of the common prop- 
 erty, or the sale and equal distribution of the proceeds thereof, as the nature of the case 
 may require. 
 
 The separate property of the husband shall not be liable for the debts of the wife 
 contracted before the marriage, but the separate property of the wife shall be and con- 
 tinue liable for all such debts. 
 
 In every marriaj;:e hereafter contracted in this state, the rights of husband and wife shall 
 be governed by this act, unless there is a marriage contract, containing stipulations contrary 
 tnereto , ^ , . 
 
 No estate shall be allowed to the husband as tenant by courtesy upon the decease of bis 
 wife, nor any estate in dower be allowed to the wife upon the decease of her husband 
 
SPECIAL LAWS OF CALIFORNIA. 365 
 
 Rate of Interest 
 
 When there is no express contract in writing:, fixing a different rate of interest, interest 
 •hall be allowed at the rate of ten per cent, per annum, for all moneys after they hecomo 
 dae on any bond, bill, promissory note, or other instrument of writing, on any judament, 
 recovered before any court in this state, for money lent, for money due on the 8e?tlement 
 of accounts, from the day on which the balance is ascertained, and for money received to 
 the use of another. Parties may contract for any rate of interest whatever on money due 
 or to become due on any contract. 
 
 WiUs. 
 
 No will, except such nuncupative wills as are mentioned in the following section, shall bo 
 
 ilid, unless it be in writing, and signed by the testator or by some person in his presence, 
 
 and by his express direction, and attested by two or more competent witnesses subscribing 
 
 Talid, unless it be in writing, and signed by the testator or by some person in his presence, 
 their names to the will, in the presence of the testator. 
 
 No nuncupative will shall be good, when the estate bequeathed exceeds the value of five 
 hundred dollars; nor unless the same be proved by two witnesses, who were present at 
 the making thereof; nor unless it be proved that the testator, at the time of pronouncing: the 
 Bume, did bid some one present to bear witness that such was his will, or to that eflect; nor 
 unless such nuncupative will was made at the time of the last sickness and at the dwelling- 
 house of the deceased, or where he or she had l)een residing for the space of ten days *{ 
 more, except where such person was taken sick from home, and died before his or her re/' .a. 
 Nothing contained herein shall prevent any soldier being in actual service, nor mariner oe- 
 iog on shipboard, from disposing of his wages and other personal estate by a nuncupative 
 will. 
 
 Any married woman may dispose of all her estate by will, and may alter or revoke the 
 will, in like manner as a person under no disability might do; provided that no such will, 
 alteration, or revocation, shall be of any validity, without the consent of the husband, in 
 writing, annexed to such will, alteration, or revocation, and attested and subscribed, and 
 to be proven and recorded in like manner as a will is required to be witnessed, proven, 
 and recorded, unless the wife has power to make a will, conferred by marriage contract 
 or authority in writing, executed by her husband before marriage. 
 
 Household and Homestead Exemption. 
 
 Thb following property is exempt from execution, except as herein otherwise speciallj 
 
 f provided: 1. Chairs, tables, desks, and books, to the value of one hundred dollars, belong- 
 ng to the judgment debtor. 2. Necessary household, table, and kitchen furniture, belong- 
 ing to the ludfrment debtor, including stove, stove-pipe, and stove-furniture, wearing appa- 
 rel, beds, b«;ddinjr and bedsteads, and provisions actually provided for individual or family 
 ase sufficient for one month. 3. The farming utensils, or implements of husbandry, of the 
 Judgment debtor; also two oxen, or two horses, or two mules, and their harness, and one 
 cart or wagon, and food for such oxen, horses, or mules, for one month. 4. The tools and 
 Implements of a Hierhanic, necessary to carry on his trade, the instruments and chests of 
 a surgeon, physician, surveyor, and demist, necessary to the exercise of their professions, 
 with their pr(')(e8«jonal library, and the law libraries of an attorney or counsellor. 5. The 
 tent and furniture, including n table, camp-stools, bed and bedding of a miner; also, his 
 rocker, shovels, spade, wheelbarrows, pun)ps, and oilier instruments used in mining, with 
 provisions necessary for his support for one month. 6. Two oxen, or two horses, or two 
 n/ules, and their harness, and one cart or wapon. by the use of which a cartman, teamster, 
 or other laborer, habitual! v earns his living; and food for such oxen, horses, or mules, for 
 one month ; and a horse, namess, and vehicle, used by a physician or surg:eon in making 
 his professional visits. 7. All arms and accoutrements required by law to be kept by any 
 p«Ti»<iri. Hill no article mentioned in this act shall be exempt from an execution issued oa 
 a 1 v«red for its price, or upon a mortgage thereon. 
 
 1 I. consisting of a quantity of land, together with the dwelllntr-house there- 
 
 OTi '-nnnres, and not exceeding in value the sum of five thousand dollars, to be 
 
 •«• ■ , . _ thereof, shall not be subject to forced sale onexecution, or any other 
 
 fir irt, for any debt or linliility contracted or incurred after June first, 
 
 IJ* r lucurred at any time in any other place than in this state. 
 
 I • - iiit •vntid lo mechanics' or venders* liens, or to any mortgage law- 
 
 fully oi<! ,iii>-<l; liut iiu !i; ' . or alienation, by a married man. is valid without the 
 
 ■iKnature of the wife. ». Ijv her apart from her husband, unless it be to secure 
 
 the p»vm»*nf ofpnrcliii ■ iber is if exempt from liability f<jr taxes. 
 
 A- ' .... -.iid if the plaititiff requires it. Ifthelot 
 
 •e . or less, and the appraisers value the 
 
 Is' ' <-B8 oi the whole niuybesold; if the 
 
 wl ijiii'., mill no bid cum" be received for 
 
 )e»« thai 1 sqiiiirp yards, and JS^HK) 
 
 in value. i. including the dwelling- 
 
 *iuaae a* . dpsiynate such nrticlea 
 
 of persoiLi. ,....,..., „. „.. ,A.ii.,n .., ,„w ii.,i.i ic, ..i.w i.M.,.l sale. The same boncfila 
 ■ccme to Ui« wife and biaowu legitimate children, upon the death of the bead of a fkmlly. 
 
 31» 
 
366 
 
368 UNITED STATES AND FOREIGN RATES OF POSTAGE. 
 
 UNITED STATES AND FOREIGN POSTAGE. 
 
 UNITED STATES INLAND POSTAGE— New Rates. 
 
 The following' abstract contains all the provisions relating' to letters and 
 printed matter of the postage law, passed March 3, 1851, and the amend- 
 ment of 1855, requiring letters to be prepaid, to places within the U. States. 
 
 Letter Postage. — The postage for a letter, not exceeding half an ounce 
 in weight (avoirdupois), sent not more than 3,000 miles, is three cents; for 
 any distance over 3000 miles, ten cents. Each additional half ounce or frac- 
 tion of half an ounce, is charged with an additional single postage, according to 
 the distances before mentioned. These rates apply only to places within the 
 United States, and the postage must be paid in advance or the letter toill not 
 he sent to its destination. Drop letters one cent each. 
 
 A letter, v/^hen conveyed wholly or in part by sea, and to or from a foreigrj 
 country, under 2,500 miles, ten cents ; any greater distance, twenty cents ; except 
 in cases where the postages have been or shall be adjusted at different rates by 
 postal treaty or convention (see postage with foreign countries). Each half ounce 
 or fraction of half an ounce is rated at a single postage. The postage to or fronx 
 California and the Territories on the Pacific is tea cents, which must be prepaid. 
 
 Postage on rBiNTKD Mattek. — The rates of postage to be charged upon news- 
 papers, periodicals, books, unsealed circulars, and every other description of printed 
 matter, transient or otherwise, from and after the 30th of September, 1852, will be as 
 follows : — 
 
 Newspapers, periodicals, unsealed circulars, or other article of printed mattnr (excep* 
 books), when sent to any part of the United States, weighing not over three ounces, one 
 cent ; and one cent for each additional ounce. 
 
 Newspapers and periodicals, when circulated in the state where published, and weigh- 
 ing not more than one and a half ounces, are charged half a cent. 
 
 Small newspapers, published monthly or oftener, and pamphlets not containing more 
 than sixteen octavo.pages, when sent in single packages to one address, and prepaid by 
 postage-stamps, when weighing at least eight ounces, are chafged four cents, and half 
 a cent for each additional ounce. 
 
 Books, bound or unbound, not weighing over four pounds, for any distance under 
 3,000 miles, prepaid, one cent for each ounce. 
 
 For any distance over 3,000 miles, prepaid, two cents for each ounce. 
 
 Weekly newspapers only, sent to subscribers in the county where published, are free. 
 
 Newspapers and periodicals sent from the office of publication to actual subscribers, 
 when paid quarterly rti advance, are charged one half the above rates. 
 
 Quarterly payments in advance, may be made either at the mailing office or the office 
 of delivery. Wlien made at the mrfiling office, satisfactory evidence of such payment 
 mu>t be exhibited to the postmaster at the office of delivery. 
 
 Transient matter, to be entitled to the benefit of the rates above mentioned, must be 
 prepaid at the mailing office. If not prepaid, it is subject to double those rates. 
 
 Small newspapers, &c., when sent in packets of less than eight ounces, must berated 
 singly. 
 
 Books, sent unpaid, are subject to fifty per cent, postage additional to the prepaid rate. 
 
 Newspapers, periodicals, magazines or any other printed paper, or matter, must be sent, 
 without any covers or wrappers, or in covers or wrappers open at the ends or sides, so that 
 the character of the matter may be determined without removing such matter. 
 
 In case there is on or in any newspaper, periodical, pamphlet, or other printed matter or 
 paper connected therewith, any manuscript of any kind, by which information shall be 
 asked for, or communicated in writinfr, or by marks or signs, or the directions herein pre. 
 scribed are in any other respect not complied with, the same becomes subject to letter pos- 
 lafre ; and it is the duty of the postmaster to remove the wrappers or envelopes from all 
 printed matter, not charged with letter postage, for the purpose of ascertaining wiiether 
 there is upon or connected with such printed matter, or in sucIj package, any matter or thing 
 which would authorize or require tlie charge of a higher rate of postafj:*^ tliereon. 
 
 Publishers of newspapers aud periodicals may send to each other, from their respective 
 offices of publication, free of postage, one copy of each publication ; and may also send to 
 each actual subscriber, enclosed in their publications, bills and receipts for the same free of 
 postage. Postmasters are not entitled to receive newspapers free of postage under theii 
 franking privilege. 
 
UNITED STATES AND FOREIGN POSTAGE. 
 
 369 
 
 POSTAGE WITH FOREIGN COUNTRIES. 
 In tbe hrail-wo columns of this list, the rates named must in every instance be pre-paid, 
 and with five cents more when the letter is from Orej^on or California. Payment of 
 any sum less than the full rate will he of no benefit. Newspapers must oe prepuid. 
 
 Postage for Letttrt weighing halj an ounce or under. 
 
 Aden (Asia) vifi Southampton 
 
 Do. via Marseilles 
 
 Alexandria 
 
 Algeria 
 
 Ascension via England 
 
 Austria and its States 
 
 Australia or other country, by private ship via England 
 
 Azores, Islands, via SoutUampton and Lisbon 
 
 Baden 
 
 Bavaria 
 
 Belgium 
 
 Beyrout 
 
 Bourbon via Southampton & India 
 
 Bourbon via Marseilles 
 
 Bremen 
 
 Brunswick 
 
 Brazi Is via Falmouth 
 
 Buenos Avres via England 
 
 Canary Islands do 
 
 Candia. 
 
 Cape de Verde Islands 
 
 Cesme 
 
 Ceyion via Southampton 
 
 Do. via Marseilles 
 
 China (except Houg Kong) via Marseilles 
 
 Do. do. via Southampton.... 
 
 Do. do. via Trieste 
 
 Constantinople 
 
 Cuxhaven 
 
 Dardanelles 
 
 Denmark 
 
 East Indies via Southampton 
 
 Do. via Marseilles. 
 
 Do. (English possessions in) via Trieste 
 Do. countries m and beyond E.Indies via Trieste 
 Egypt (except Alexandria) via Southampton 
 
 Do. do. via Trieste 
 
 Do. do. by closed mall via Marseilles 
 
 Do. do. by Fr. packet via Marseilles 
 
 France 
 
 Galalz 
 
 Galllpoll 
 
 Oerroan States 
 
 Gibraltar 
 
 Greece via Trieste 
 
 Da via Marseilles 
 
 Do. via Southampton 
 
 Hambargh. 
 
 Hanover. 
 
 Heligolaod, Island of, vta London 
 
 Holland 
 
 Uonz ILong via Southampton 
 
 Do. by closed mail via Marseilles 
 
 Do. via 
 
 Ibraila. 
 
 Ionian Islands 
 
 luly 
 
 Do. except Lombard y, Modena, Parma, Tuscany, fmd 
 
 Java via Southampton 
 
 Do. via Marseilles 
 
 LamKa. 
 
 Lahuan via Southampton and India. 
 
 Do. via Marseilles 
 
 Lubec, free city of. 
 
 I Trieste. 
 
 
 Letteri. 
 
 
 Newm 
 
 Cts.* 
 
 Cts.t 
 45 
 
 Cts.* 
 
 Cts.ll 
 
 45 
 
 
 4 
 
 65 
 
 65 
 
 
 
 21 
 
 5 
 
 §38 
 
 2 
 
 21 
 
 5 
 
 
 2 
 
 45 
 
 45 
 
 
 4 
 
 21 
 
 5 
 
 530 
 
 2 
 
 S7 
 
 37 
 
 
 4 
 
 63 
 
 63 
 
 
 4 
 
 21 
 
 5 
 
 §30 
 
 2 
 
 21 
 
 5 
 
 §30 
 
 2 
 
 21 
 
 5 
 
 
 2 
 
 21 
 
 5 
 
 §40 
 
 2 
 
 41 
 
 41 
 
 
 4 
 
 61 
 
 61 
 
 
 
 21 
 
 5 
 
 §30 
 
 2 
 
 21 
 
 5 
 
 §30 
 
 2 
 
 45 
 
 45 
 
 
 4 
 
 45 
 
 45 
 
 
 4 
 
 65 
 
 65 
 
 
 4 
 
 21 
 
 5 
 
 §40 
 
 2 
 
 65 
 
 65 
 
 
 4 
 
 21 
 
 6 
 
 §40 
 
 2 
 
 45 
 
 45 
 
 
 4 
 
 65 
 
 65 
 
 
 
 43 
 
 43 
 
 
 
 33 
 
 33 
 
 62 
 
 4 
 
 21 
 
 5 
 
 §40 
 
 2 
 
 21 
 
 5 
 
 §30 
 
 2 
 
 21 
 
 5 
 
 §40 
 
 2 
 
 li 
 
 5 
 5 
 
 §36 
 
 2 
 
 4 
 
 21 
 
 6 
 
 38 
 
 70 
 
 
 33 
 
 33 
 
 38 
 
 4 
 
 43 
 
 43 
 
 
 
 51 
 
 51 
 
 
 
 21 
 
 5 
 
 
 2 
 
 21 
 
 5 
 
 §40 
 
 2 
 
 21 
 
 5 
 
 §40 
 
 2 
 
 21 
 
 5 
 
 §30 
 
 2 
 
 21 
 
 5 
 
 
 4 
 
 21 
 
 5 
 
 §42 
 
 2 
 
 21 
 
 5 
 
 
 2 
 
 57 
 
 57 
 
 
 2 
 
 21 
 21 
 
 5 
 5 
 
 g 
 
 2 
 2 
 
 33 
 
 33 
 
 
 4 
 
 21 
 
 5 
 
 
 2 
 
 21 
 
 a 
 
 
 4 
 
 65 
 
 65 
 
 38 
 
 
 21 
 
 5 
 
 §3ri 
 
 2 
 
 21 
 
 6 
 
 2 
 
 21 
 
 5 
 
 m3 
 
 2 
 
 Paoal 
 
 States 
 
 ^30 
 
 
 33 
 
 33 
 
 
 4 
 
 53 
 
 53 
 
 
 
 21 
 
 5 
 
 HO 
 
 2 
 
 63 
 
 53 
 
 
 4 
 
 73 
 
 73 
 
 
 
 21 
 
 6 
 
 130 
 
 2 
 
 • By United States packet, prepayment required. 
 
 ♦ By British packet, prepayment required. ^ In Prussian closed maU. 
 t In Prunslan close<l mall, either by United Stales or British packet. 
 { Prepaytaent optional : in all other cases, prepayment Is required. 
 
 jy In British or open mail. 
 
370 
 
 UNITED STATES AND FOREIGN POSTAGE. 
 
 Postage for Letters weighing half an ounce or under. 
 
 Levante 
 
 Loralmrdy 
 
 Madeira. Island of, via Sculhampton 
 
 Malta, Island of. 
 
 Mauritius via Southampton 
 
 Do. via Marseilles 
 
 Mechlenburg 
 
 Modena 
 
 Moldavia 
 
 Moluccas via Southampton and India 
 
 Do. via Marseilles 
 
 Montevideo via Falmouth 
 
 Mityleiie 
 
 Naples, Kinsrdom of 
 
 New South Wales via Plymouth 
 
 Nev7 Zealand via Southampton and India. 
 
 Do. via Marseilles 
 
 North Australia via Southampton 
 
 Do. via Marseilles 
 
 Norway 
 
 Oldenburg. 
 
 Parma. 
 
 Piacentia 
 
 Phillippine Islands via Southampton. 
 Do. via Marseilles... 
 
 Poland 
 
 Portugal via Southampton 
 
 Prussia 
 
 Rhodes 
 
 Ro-nan or Papal States 
 
 Ri jsia 
 
 SKlonica 
 
 Samsum 
 
 Sardinia 
 
 Saxony 
 
 Sell werin 
 
 Strelitz 
 
 Scutari (Asia) 
 
 Smyrna 
 
 Sicily 
 
 Servia 
 
 Sierra Leone 
 
 South Australia via Plymouth 
 
 Spain via France '. 
 
 Do. via Southampton 
 
 Sumatra via Southampton , 
 
 Do. via Marseilles 
 
 Indian Archipelago via Marseilles 
 
 Sweden 
 
 Switzerland 
 
 Syria via Southampton 
 
 Do. via Marseilles by French packet 
 
 Do. Do closed mail 
 
 Tenedos 
 
 Trebizonde 
 
 Tuloza 
 
 Tunis via Marseilles by French packet 
 
 Turkey (in Europe) and Turkish Islands in the Mediter- 
 ranean, except as herein mentioned 
 
 Tuscany 
 
 Van Diemen's Land via Plymouth 
 
 Varna 
 
 Venezuela via Southampton 
 
 Venetian States 
 
 Victoria (Port Philip) via Plymouth 
 
 Walljchia 
 
 West Australia via Plymouth 
 
 Wurteniburg 
 
 Letters. 
 
 
 Newsp 
 
 apc7$ 
 
 Cts.* 
 
 Cts.t 
 
 Cts.* 
 
 Cts.ll 
 
 Cts.t 
 
 21 
 
 5 
 
 30 
 
 2 
 
 K 
 
 21 
 
 5 
 
 ?33 
 
 2 
 
 6 
 
 65 
 
 65 
 
 
 4 
 
 
 21 
 
 5 
 
 
 2 
 
 
 45 
 
 45 
 
 
 4 
 
 
 65 
 
 G5 
 
 
 
 
 21 
 
 5 
 
 ?30 
 
 2 
 
 6 
 
 21 
 
 5 
 
 §33 
 
 4 
 
 6 
 
 21 
 
 5 
 
 30 
 
 2 
 
 6 
 
 41 
 
 41 
 
 
 4 
 
 
 61 
 
 61 
 
 
 
 
 83 
 
 83 
 
 
 4 
 
 
 21 
 
 5 
 
 §40 
 
 2 
 
 6 
 
 21 
 
 5 
 
 30 
 
 2 
 
 6 
 
 33 
 
 33 
 
 
 4 
 
 
 53 
 
 53 
 
 
 4 
 
 
 73 
 
 73 
 
 
 
 
 53 
 
 63 
 
 
 4 
 
 
 73 
 
 73 
 
 
 
 
 21 
 
 5 
 
 §46 
 
 2 
 
 6 
 
 21 
 
 5 
 
 §.'>(! 
 
 2 
 
 8 
 
 21 
 
 5 
 
 §33 
 
 2 
 
 6 
 
 21 
 
 5 
 
 30 
 
 2 
 
 6 
 
 41 
 
 41 
 
 
 4 
 
 
 61 
 
 61 
 
 
 
 
 21 
 
 5 
 
 §37 
 
 
 6 
 
 63 
 
 63 
 
 
 4 
 
 
 21 
 
 5 
 
 §30 
 
 2 
 
 6 
 
 21 
 
 5 
 
 §40 
 
 2 
 
 tf 
 
 21 
 
 6 
 
 §35 
 
 2 
 
 6 
 
 21 
 
 5 
 
 §37 
 
 
 6 
 
 21 
 
 5 
 
 §40 
 
 2 
 
 6 
 
 21 
 
 5 
 
 §40 
 
 2 
 
 ti 
 
 21 
 
 6 
 
 38 
 
 2 
 
 6 
 
 21 
 
 5 
 
 §30 
 
 2 
 
 6 
 
 21 
 
 5 
 
 §30 
 
 2 
 
 6 
 
 21 
 
 6 
 
 §30 
 
 2 
 
 b 
 
 21 
 
 5 
 
 30 
 
 2 
 
 6 
 
 21 
 
 5 
 
 §40 
 
 2 
 
 « 
 
 21 
 
 5 
 
 30 
 
 2 
 
 6 
 
 21 
 
 5 
 
 30 
 
 2 
 
 b 
 
 45 
 
 45 
 
 
 4 
 
 
 33 
 
 33 
 
 
 4 
 
 
 41 
 
 41 
 
 
 
 
 73 
 
 73 
 
 
 4 
 
 
 41 
 
 41 
 
 
 4 
 
 
 61 
 
 61 
 
 
 
 
 73 
 
 73 
 
 
 
 
 21 
 
 5 
 
 §42 
 
 2 
 
 6 
 
 21 
 
 5 
 
 §35 
 
 2 
 
 b 
 
 57 
 
 57 
 
 
 4 
 
 
 51 
 
 51 
 
 
 
 
 61 
 
 61 
 
 
 
 
 21 
 
 6 
 
 §40 
 
 2 
 
 6 
 
 21 
 
 5 
 
 §s 
 
 2 
 
 6 
 
 21 
 
 5 
 
 2 
 
 6 
 
 61 
 
 51 
 
 
 
 
 21 
 
 5 
 
 30 
 
 2 
 
 6 
 
 21 
 
 6 
 
 §35 
 
 2 
 
 6 
 
 45 
 
 45 
 
 
 4 
 
 
 21 
 
 5 
 
 §40 
 
 2 
 
 6 
 
 45 
 
 '^ 
 
 
 4 
 
 
 21 
 
 5 
 
 §30 
 
 2 
 
 6 
 
 45 
 
 45 
 
 
 4 
 
 
 21 
 
 5 
 
 30 
 
 2 
 
 6 
 
 45 
 
 45 
 
 
 4 
 
 
 21 
 
 5 
 
 
 2 
 
 
 * By United States packet, prepayment required. Jl In British or open mail. 
 
 t By British packet, prepayment required. Tf In Prussian closed maiL 
 
 i In Prussian closed mail, either by United States or British packet. 
 § Prepayment optional : in all other cases, prepayment is required. 
 
Cents. 
 
 Bremen 10 
 
 iltona 22 
 
 Austria (Empire and Provinces of) 22 
 
 Baden 22 
 
 Bavaria 15 
 
 Cassel 22 
 
 Coburgb 22 
 
 Darmsradt 22 
 
 Frank fort-on-the-Maia 22 
 
 Ootha 22 
 
 Hamburg 15 
 
 Hanover 15 
 
 Hesse Hamburg 22 
 
 Kiel 15 
 
 Lippe Detmold 22 
 
 UNITED STATES AND FOREIGN POSTAGE. 371 
 
 Other Foreign Letter-Postage, 
 
 The postage on letters by the United States and Bremen line of steamers, which sail 
 aemi-monthly, is as follovrs. Prepayment optional : — 
 
 Cents 
 
 Lubec 15 
 
 Mechlenburgh-Schwerin 15 
 
 Mechlenburgh-Strelitz 15 
 
 Nassau "22 
 
 Oldenbure 13 
 
 Prussia (Kingdom and Provinces of ). . . . IS 
 
 Reuss 22 
 
 Saxe- Altenbargh /^ 15 
 
 Saxe-Meiningen 22 
 
 Saxe Weimar 22 
 
 Saxony, Kingdom of. 15 
 
 Sc.liaumburg-Lippe 22 
 
 Schvrartzburgh-Rudolstadt 22 
 
 Schwartzburgh-Sunderhausen^ 22 
 
 Wurtemberg, Kingdom of. 22 
 
 Between any place in the United-States (except California and Oregon, when five cents 
 additional will be chareed) and any place in Great Britain and Ireland, by either tlie United 
 States or British line, the entire postage is 24 cents for each half ounce or less. 
 
 Between anv place in the United States (not over 3,000 miles from the line of crossing) 
 and Canada, tne provinces of New BrunswicK, Nova Scotia, Newfoundland, and Cape 
 Breton, on a letter not exceeding hatt" an ounce, the postage is 10 cents ; over 3,000 miles 
 from the line of crossing, 15 cents; an additionail rate for each half ounce or less ; prepay- 
 ment is optional. 
 
 On letters to Mexico, Chagres, Panama, Cuba, Antigua, Barbadoes, Bahamas, Berbice, 
 Cariaco, Demerara, Dominica, Essequibo, Grenada, Jamaica, Montserrat, Nevis, St. Kitt'S, 
 St Lucia, St. Vincent, Tobago, Tortola, and Trinidad, if the distance frcm the mailing 
 office does not exceed 2,500 miles, the postage is ten cents ; if it exceeds 2..500 miles, 20 
 cents. The above postage must be jtrepaid on letters sent from, and collected on thf>Be 
 received in the United States. On letters from the West India islands (not British), Cartha- 
 gena, Honduras, and San Juan, or places on the Atlantic coast of Soutii America, not in 
 British possessions, the postage is 34 cents, if less than 2,500 miles, or 44 cents if over ; 
 which must be prepaid on letters sent/ro»j the United States. 
 
 The postage on letters tent from the United States to the following places on the Pacific 
 coast of South America, will be 34 cents, which must be prepaid ; on letters received, onlv 
 10 cenU will be collected in the United States, viz. : Guayaquil, Quito, Ecuador ; Cobija, La 
 Paez, Bolivia; Copinpo. Huasco, Coquinibo, Valparaiso, St. lago, Chili. To places in 
 Peru, viz : Payta, Lambayeque, Huanchaco, Casma, Huacho, Callao, Lima, Pisco, Islay. 
 Arica, and Iqiiioue. 22 cents on letters $ent, and 10 cents on those received. To Bogota and 
 Buenaventura, New Grenada. 18 cents on letters tent, and 10 cents on those received. 
 
 Letters sent from the Unitea States to foreign countries by pWrate vessels, are chargeable 
 with 6 cents postage which must be prepaid. Letters are sent in this way from California 
 to the Sandwich islands, China, and New South Wales ; and also from other places in the 
 United States to foreign countries. 
 
 Foreign Nexcnpaper and Pamphlet Postage. 
 
 NEWsrAPEas.— The regular United States rates to and from the line, are collected on 
 newspapers to or from Canada. The postage between the United States, Great Britain, 
 and Ireland, the British West Indies, Mexico, Chapes, Cuba, and Panama, is two cents, 
 U> be prepaid when sent, and collected when received. To the West India islands, {not 
 British), Carthagena, Honduras, and San Juan, six cents on papers sent, and two cents on 
 those received. To places on the Pacific coast of South America, the postage to be paid ia 
 6 cents when tent from, and 2 cents when received in the UnTted States. 
 
 PEaioDiCAUs, iLC. — The postage on pamphlets and perio<licttl8 to Great Britain and 
 Ireland ta two cents each. If not weighing over two ounces, and 4 cents an ounce or fraction 
 of an ounce. If they exceed two ounces, to be collected in all cases in the United States. 
 AH such printed matter is subject to like additional charees in Great Britain, each country 
 collecting its own postage on printed matter, whether the same is sent or received. No 
 pamphlet cam be sent weighing over eight ounceH, and no pericxiical over 16 ounces, with- 
 oat being subject to letter postage. Neither pamphlets nor periodicals are entitled to coa> 
 
 Teraoee through England. »»r'*«nf for France. 
 The poatage on psmphlets and magazines to 
 Oivat Britain, the British North American provinces, and the west coast of South XTnerica), 
 
 tage on pamphlets and magazines to all foreign countries (with the exception of 
 
 by whatever line, is one cent an ounce or fraction of an ouiicp, to be prepaid. 
 
 Newspapers and periiKliciils to foreign countries (particularly to the continent of Europe) 
 must be sent in narrow bands, open at iLu sides or ends ; tiherwiae they are chari^eaLle 
 ttieni with lattar-posuge 
 
^'^^ BOOK-KEEPIIVG. 
 
 BOOK-KEEPING. 
 
 ^ The ftrt of Bookkeeping teaches to record systematically the various transac 
 tipos of business in any occupation in which a person may be engaijed, so that he 
 may know his pecuniary situation, possess ability to substantiate his claims, and 
 protecthis property, and at death leave behind him evidence that will enable his 
 friends to understand his business relations and engagements, and settle his affairs 
 in a satisfactory manner. For these reasons no one should fail to keep a book- 
 record, instead of relying on his memory or loose papers for evidence. 
 
 There are two methods of book-keeping, Single and Double Entry ; the las. 
 is employed in extensive and complicated mercantile business, where a check is 
 required upon each entry, to prove that it has been properly recorded. The 
 first is generally used by persons engaged in ordinary business, as it is more simple 
 and suflSciently correct for such purposes. It retjuires but three books — the D ay- 
 Book, Ledger, and Cash-Book ; to these may be added, a Bill-Book, in which 
 f 11 notes, received or given, are recorded, showing when drawn, by whom, in 
 whose favor, length of time, when due, amount of note, and any explanatory 
 remarks required ; also, a Sales-Book, in which orders for goods or the details of 
 sales are entered, and a B,eceipt-Book where receipts can be permanently kept. 
 
 DAY-BOOK. 
 
 The Day-book should contain statements of every business transaction, which 
 gives rise to persons owing us or to our owing them, properly arranged under 
 the head of debtor or creditor. The accounts should be entered in this book 
 fit the time they were created, or in the order in which they occurred in business. 
 
 The book should be commenced by stating the name of the owner and his 
 residence. The day, month, and year, should then be written, and repeated 
 at the head of each page corresponding with the date of the first transaction on 
 the page, the subsequent dates on the page may stand above the transaction to 
 which they belong. In making an entry the name of the person with whom we 
 deal is written, with Dr. or Cr. at the right of the name, to show whether he 
 becomes debtor or creditor by the transaction. Then a statement should follow 
 of the business done, specifying the articles bought or sold, and the price of each. 
 The total amount should be added up and entered in the dollar and cent columns. 
 The person with whom you deal is debtor for whatever he receives of ycu, and 
 creditor for whatever you receive of him, is the rule for determining how an 
 entry must be made. The entries in the Day-book are transferred to the Ledger 
 where all the transactions relating to an individual are recorded on a page devo- 
 ted to his account. The figure at the left of an entry indicates the page of the 
 Ledger to which it has been carried. (See posting accounts.) 
 
 If a mistake is made in an account, it should not be corrected by altering the ori- 
 ginal entry, but a new entry made debiting or crediting the amount of the error, 
 thus, "John Smith, Cr. by [or Dr. to] error in account of Oct. 6, $1.50." This 
 will enable a person to swear before a court that his book contains his original 
 entries without an alteration. 
 
 The Ledger is employed for collecting the scattered accounts of the Day-book. 
 The accounts which relate to the same individual are brought together on one 
 page, showing all the debits and credits, thus enabling the owner to tell at a 
 glame the state of his account with any person. Tlie Dr. accounts are placed 
 on the left hand of the page, and the Cr. on the right. The Ledger may ba 
 ruled according to the example on page 351. Every Ledger should have an 
 index, in which all the names it contains are alphabetically arianged, with the 
 page of the Ledger on which the account can be found. 
 
BOOK-KEEPING. 373 
 
 Posting Accoonts. — Transferring accounts from the Day-Book to the Lodger 
 is called posting'. Commence with the first name in the Day-Book, which in onr 
 example is William Smith ; begin by writing his name in a fair hand at the top 
 of the page, with his residence if different from your own, placing Dr. on the 
 left, and Cr. on the right of the name. As he is debtor to us we commence at 
 the left hand, writing in the first column the year, month, and day, in the second 
 the page of the Day-book on which the original entry can be found, in the third 
 the name of the article, or if several articles are recorded under one date, they 
 may be entered with the general designation of sundries or merchandise, and in 
 the fourth column the total amount of the transaction. Against the account in the 
 Day-book mark the page of the Ledger to which it has been posted ; a mark 
 can also be made to show that it has been transferred to the Ledger. Now take 
 the second transaction in the Day-book, and if it is another name take a new 
 page in the Ledger, and proceed in the same maimer as the first. In this wav 
 all the entries in the Day-book are posted to each person's account, every week 
 or month as opportunity may occur. By subtracting one side from the other 
 the balance which is due will be found. The specimen page represents three 
 pages of a Ledger, to correspond with the three persons who have transactions 
 in the Day-book. 
 
 Balance Sheet. — This may be made to accomplish a double purpose, as it 
 will exhibit the state of the owner's accounts, by determining the amounts owing 
 him and that he may owe, and also prove that the accounts have been correctly 
 posted and added. The method is as follows : rule a sheet of paper similar to 
 bdger page, for debtor and creditor ; add up all the items of credit on a page of 
 the Day-book, and enter the amount on the sheet, then add the debits in the same 
 manner, and proceed in this way for whatever time it is wished the proof should 
 cover, add up the two columns and subtract one total from the other, and the 
 difference will be the balance of the Day-book. Turn to the Ledger and obtain 
 the balance of each person's account, and place it under its proper head ; add 
 these up, and the difference will be the Ledger balance. If the two balances 
 agree, it proves the entries have been correctly posted. 
 
 A complete balance sheet should be made out once or twice a year, when an 
 Inventory of stock on hand is taken and added to the debtor balances of ac- 
 counts, and the original capital is added to the credit balances, (or balances we 
 owe,) these compared vrll give the amount of profit or loss. It will be remem- 
 bered that this sheet is an account between ourselves and our books. 
 
 All the accounts in the Ledger ought to be balanced twice a year. To do this 
 add up each column and find the difference, and make an entry of this balance 
 OD the side that is smallest (this should be made with red ink to distinguish it 
 from other entries) ; both sides now being equal, draw a line under them to show 
 the fact Now place the balance on the opposite side, so that it will exhibit the 
 troe state of the account (See Wm. Smith's account on the Ledger page.) 
 
 CASH-BOOK. 
 
 The Cash-book records the payment and receipt of cash. Cash is made debtor 
 to the cash on hand and cash received, and credited with what is paid out At 
 the close of each day or week, the cash on hand is counted, and the amount en- 
 tered on the credit side. This should make the debits and credits equal ; the 
 aiDOunt of cash on hand is then entered on the debtor side. If money is paid to 
 or received from a person who has an account with us it is also entered in the 
 Day-book ; the total receipts and expenditures are carried to the Day-book as 
 often as the Cash-book is balaor-ed. (See form of Cash-book.) 
 
 Farmers and mechanics who make but few entries, and therefore require but 
 one book for their arcounts, cai adopt the plan of the Ledger, omitting the col- 
 omn for day-book page, and maKe their original entries on a page devoted to 
 •ach perwn with whom they deal. It should have an index \^e the Ledger. 
 32 
 
374 
 
 BOOK-KEEPING. 
 
 Day-Book. 
 
 Peter Stone, Geneva, New York, October 2, 1850. 
 
 William Smith Dr. 
 
 To 8 yds. of muslin, at 9 cts. a yd $0.72 
 
 To 4 yds. of cloth, at $3 a yd 12.00 
 
 To 1 scythe 1.10 
 
 Henry Jones Dr. 
 
 To 1 pr. of shoes $1.40 
 
 Tol lb. of tea 75 
 
 Charles Johnson 
 By 1 yoke of oxen 
 
 Cr. 
 
 Henry Jones Dr. 
 
 To 14 lbs. nails, at 6 cts .• $0.84 
 
 To 5 galls, molasses, at 32 cts 1.60 
 
 To 12 lbs. cheese, at 10 cts 1.20 
 
 Cr. 
 By 8 lbs. wool, at 36 cts 
 
 William Smith Cr. 
 
 By 1 load of hay $6.00 
 
 By 12 lbs. batter, at 9 cts 1.08 
 
 Charles Johnson 
 To Cash 
 
 Dr. 
 
 William Smith Dr. 
 
 To 1 stove $14.00 
 
 To 8yds. cloth, at $3 24.00 
 
 To Ihorse 42.00 
 
 Charles Johnson Dr. 
 
 To 1 set of harness $20.00 
 
 To 1 wagon 64.00 
 
 Henry Jones Dr. 
 
 To 28 lbs. sugar, at 8 cts $2.24 
 
 To i barrel of flour 7.00 
 
 To 3 brooms, at 14 cts .42 
 
 Cr. 
 
 Charles Johnson 
 
 By 20 bushels com, at 62 cts $12 40 
 
 By cash 30.00 
 
 By order on Peter Wilkins 21.00 
 
 _ 7 
 
 Charles Johnson 
 To check to balance account. 
 
 Dr. 
 
 10 
 
 Henry Jones 
 By Cash to balance account. 
 
 Cr. 
 
 12- 
 William Smith 
 By his note at 3 months from date. 
 
 Cr. 
 
BOOR-KEEPING. 
 
 375 
 
 Dr, 
 
 Ledger. 
 
 William Smith. (Waterloo.) 
 
 Cr. 
 
 Oct. 2 
 • 4 
 
 To Sandrics 
 
 " Sundries 
 
 " 18 To Balance. 
 
 $ 13 
 80 
 
 82 
 00 
 
 1850. 
 
 Oct. 3 
 
 " 12 
 
 1 
 
 1 
 
 93 
 "Tl 
 
 82 
 74 
 
 
 
 By hay and butter .. 
 
 " note at 3 mos 
 
 " Balance 
 
 e 7 
 
 75 
 
 n 
 
 93 
 
 2 Dr. 
 
 Henry Jones. 
 
 Cb. 2 
 
 1650. 
 Oct. 2 
 " 3 
 " 5 
 
 To Sundriea 
 " Sundriea 
 *' Sondries 
 
 
 
 1850. 
 
 
 • 2 
 
 15 
 
 Oct. 3 
 
 1 
 
 3 
 
 64 
 
 " 10 
 
 1 
 
 9 
 
 66 
 
 
 
 15 
 
 45 
 
 
 
 By wool. 
 " cash . 
 
 15 
 
 45 
 
 3 
 
 Dr. 
 
 Charles Johnson. 
 
 Cr. 
 
 1850. 
 Oct. 3 
 
 •• A 
 " 7 
 
 ToCaah 
 
 •* harness k, wagon 
 ** check to balance. 
 
 
 
 1850. 
 
 
 
 t50 
 
 00 
 
 Oct. 2 
 
 1 
 
 Byoa 
 
 84 
 
 00 
 
 " 5 
 
 1 
 
 " su 
 
 44 
 
 40 
 
 
 
 
 178 
 
 40 
 
 
 
 
 sundries. 
 
 $115 
 63 
 
 178 
 
 40 
 
 1 Db. 
 
 Cash-Book. 
 Cash. 
 
 Cb. 
 
 1890. 
 Oct 2 
 
 ♦' 5 
 " 5 
 " 9 
 
 To cash on hand 
 
 Received of C. Johnson 
 Order on P. Wilkins.. 
 Receipts of store 
 
 «150 
 30 
 21 
 106 
 
 307 
 
 00 
 00 
 00 
 75 
 
 75 
 
 1850. 
 Oct. 2 
 " 3 
 " 7 
 •• 9 
 " 9 
 
 Paid rent of store 6 mos. 
 " Charles Johnson.. 
 " Charles Johnson.. 
 " expenses in store 
 
 • 75 
 
 50 
 
 44 
 
 8 
 
 130 
 
 307 
 
 00 
 00 
 40 
 20 
 15 
 
 
 
 75 
 
 Oct 9 
 
 - 10 
 
 To cRBh on hand 
 
 Received of H.Jones. . 
 
 •130 
 12 
 
 15 
 57 
 
 
376 
 
 INTEREST. 
 
 INTEREST. 
 
 Principal is the sum on which interest is paid. Interest is the compensation 
 charged by the lender to the borrower for the use of the principal, and is the real 
 meaning- of the word usury, though this term is now understood as a rate above 
 legal interest : usurious interest, therefore, is the amount above the legal rate 
 established by the state. Amount is the principal and interest added together, 
 or the whole sum of several items. Per cent, is a rate on a hundred dollars, cents, 
 or pounds, allowed by the lender for the use of money. Per annum signifies by 
 the year. Per cent, per annum, means the rate of interest on a hundred for one 
 year, as six per cent, per annum means six dollars to be charged for the use of 
 one hundred dollars for one year. Discount is a deduction of the interest 
 from the principal at the time the money is lent ; or an allowance of interest 
 on a sum paid before it is due ; or a sum less than par value. Commission or 
 brokerage is the percentage allowed for services in buying, selling, or transacting 
 business, for another. Par or nominal valve is the sum expressed on the face 
 of a stock certificate, note, coin, &c. Premium is a sum charged for insarance^ 
 or is the sum exceeding the par value of anything. 
 
 INTEREST TABLE, 
 
 4T BIX PKB CENT., IN DOLLABS AND CENTS, FBOM ONE DOLLAB TO TEN TH0U3ANI» 
 
 
 1 day. 
 
 7 da> 8. 
 
 15 days. 
 
 1 mo. 
 
 3mos. 
 
 6mos. 
 
 12 mo8. 
 
 • 
 
 $ c. 
 
 S c. 
 
 $ c. 
 
 ooi 
 
 $ c. 
 
 f c. 
 
 $ c. 
 
 $ c. 
 
 1 
 
 00 
 
 00, 
 
 00| 
 
 Oli 
 
 03 
 
 06 
 
 2 
 
 00 
 
 oof 
 ooi 
 
 00^ 
 
 01 
 
 03 
 
 06 
 
 12 
 
 3 
 
 00 
 
 oil 
 
 Oli 
 
 04i 
 
 09 
 
 18 
 
 4 
 
 00 
 
 oof 
 
 01 
 
 02 
 
 06 
 
 12 
 
 24 
 
 5 
 
 00 
 
 ooi 
 
 Oli 
 
 02J 
 
 07i 
 
 15 
 
 30 
 
 6 
 
 00 
 
 oof 
 
 oil 
 
 03 
 
 09 
 
 18 
 
 36 
 
 7 
 
 00 
 
 ool 
 
 0]| 
 
 03i 
 
 m 
 
 21 
 
 42 
 
 S 
 
 00 
 
 01 
 
 02 
 
 04 
 
 12 
 
 24 
 
 48 
 
 9 
 
 00 
 
 ^^A 
 
 02i 
 
 04^ 
 
 I3i 
 
 27 
 
 54 
 
 10 
 
 00 
 
 01 i 
 
 02i 
 
 05 
 
 15 
 
 30 
 
 60 
 
 20 
 
 ooi 
 
 02i 
 
 05 
 
 10 
 
 30 
 
 60 
 
 1 20 
 
 30 
 
 00^ 
 
 03| 
 
 07| 
 
 15 
 
 45 
 
 90 
 
 1 80 
 
 40 
 
 OOf 
 
 04^ 
 
 10 
 
 20 
 
 60 
 
 1 20 
 
 2 40 ' 
 
 50 
 
 01 
 
 06 
 
 12J 
 
 25 
 
 75 
 
 1 50 
 
 3 00 
 
 100 
 
 OH 
 
 111 
 
 25 
 
 50 
 
 1 50 
 
 3 00 
 
 6 00 
 
 200 
 
 03 
 
 23^ 
 
 50 
 
 1 00 
 
 3 00 
 
 6 00 
 
 12 00 
 
 300 
 
 05 
 
 35 
 
 75 
 
 1 50 
 
 4 50 
 
 9 00 
 
 18 00 
 
 400 
 
 07 
 
 461 
 
 1 00 
 
 2 00 
 
 6 00 
 
 12 00 
 
 24 00 
 
 500 
 
 08 
 
 58i 
 
 1 25 
 
 2 50 
 
 7 50 
 
 15 00 
 
 30 00 
 
 lOOO 
 
 17 
 
 1 l(S\ 
 
 2 50 
 
 5 00 
 
 15 00 
 
 30 00 
 
 60 00 
 
 2000 
 
 33 
 
 2 33i 
 
 5 00 
 
 10 00 
 
 30 00 
 
 60 00 
 
 120 00 
 
 3000 
 
 50 
 
 3 50 
 
 7 50 
 
 15 00 
 
 45 00 
 
 90 00 
 
 180 00 
 
 4000 
 
 67 
 
 4 661 
 
 10 00 
 
 20 00 
 
 60 00 
 
 120 00 
 
 240 00 
 
 5000 
 
 83 
 
 5 8H 
 
 12 50 
 
 25 00 
 
 75 00 
 
 150 00 
 
 300 00 
 
 lOOOO 
 
 1 67 
 
 11 661 
 
 25 00 
 
 50 00 
 
 150 00 
 
 300 00 
 
 600 00 
 
INTEREST EQUATION. 
 
 577 
 
 INTEREST TABLE, 
 
 »I fSTEN PER CBNT^ IN DOLLAKS AND C3NTS, FBOM ONE DOLLAB TO TEN THOUSAND 
 
 
 Iday. 
 
 9 c. 
 
 00 
 
 7 days. 
 
 15 days. 
 
 1 mo. 
 
 3 moa. 
 
 6mos. 
 
 12 mos. 
 
 $ 
 
 $ c. 
 
 $ c. 
 
 ooi 
 
 $ c. 
 
 $ c. 
 
 $ c. 
 
 8 c. 
 
 1 
 
 00 
 
 G0| 
 
 Oil 
 
 03i 
 
 07 
 
 2 
 
 00 
 
 OOJ 
 
 00^ 
 
 01 i 
 
 031 
 
 07 
 
 ' 14 
 
 3 
 
 00 
 
 OOi 
 
 OOJ 
 
 OH 
 
 05i 
 
 m 
 
 21 
 
 4 
 
 00 
 
 ooi 
 
 01 
 
 021 
 
 07 
 
 14 
 
 28 
 
 5 
 
 00 
 
 00{ 
 
 OH 
 
 03 
 
 08f 
 
 17i 
 
 35 
 
 6 
 
 00 
 
 OOJ 
 
 on 
 
 03i 
 
 lOi 
 
 21 
 
 42 
 
 7 
 
 00 
 
 01 
 
 02 
 
 04 
 
 12J 
 
 24i 
 
 49 
 
 8 
 
 00 
 
 01 
 
 02i 
 
 04iF 
 
 14 
 
 28 
 
 56 
 
 9 
 
 00 
 
 ou 
 oil 
 
 021f 
 
 05i 
 
 15f 
 
 m 
 
 63 
 
 10 
 
 00* 
 
 03 
 
 05{ 
 
 17^ 
 
 35 
 
 70 
 
 20 
 
 00 
 
 021 
 
 06 
 
 111 
 
 35 
 
 70 
 
 1 40 
 
 30 
 
 00 
 
 04 
 
 09 
 
 17^ 
 
 521 
 
 1 05 
 
 2 10 
 
 40 
 
 00 
 
 05i 
 
 12 
 
 23J 
 
 70 
 
 1 40 
 
 2 80 
 
 50 
 
 01 
 
 06! 
 
 15 
 
 291 
 
 87i 
 
 1 75 
 
 3 50 
 
 lOO 
 
 02 
 
 m 
 
 29 
 
 58* 
 
 1 75 
 
 3 50 
 
 7 00 
 
 300 
 
 04 
 
 27i 
 
 58 
 
 1 16? 
 
 3 50 
 
 7 00 
 
 14 00 
 
 300 
 
 06 
 
 401 
 
 87^ 
 
 1 75 
 
 5 25 
 
 10 50 
 
 21 00 
 
 400 
 
 08 
 
 54| 
 
 1 17 
 
 2 33| 
 
 7 00 
 
 14 00 
 
 28 00 
 
 500 
 
 10 
 
 68 
 
 1 46 
 
 2 91| 
 
 8 75 
 
 17 50 
 
 35 00 
 
 lOOO 
 
 m 
 
 1 36 
 
 2 92 
 
 5 83A 
 
 17 50 
 
 35 00 
 
 70 00 
 
 2000 
 
 39 
 
 2 72i 
 
 5 83 
 
 11 60* 
 
 35 00 
 
 70 00 
 
 140 00 
 
 3000 
 
 58 
 
 4 08i 
 
 8 75 
 
 17 50 
 
 52 50 
 
 105 00 
 
 210 00 
 
 4000 
 
 78 
 
 5 44i 
 
 11 67 
 
 23 33J 
 
 70 00 
 
 140 00 
 
 280 00 
 
 5000 
 
 97 
 
 6 80J 
 
 14 58 
 
 29 lOf 
 
 87 50 
 
 175 00 
 
 350 00 
 
 lOOOO 
 
 1 94 
 
 13 61 
 
 29 17 
 
 58 33 
 
 175 00 
 
 350 00 
 
 700 00 
 
 TABLE FOR BANKING AND BaUATION, 
 
 Showing (he number of Days from any Date in one Month to the name Date tn 
 any other Month. Example : How many Day g from the 2d of February to 
 the 2d of August ? Look far February at the left hand, and August at the 
 top — in the angle m 181. In leap-year, add one aay if February be included 
 
 From 
 
 To 
 
 i 
 
 365 
 334 
 306 
 275 
 245 
 214 
 184 
 153 
 122 
 92 
 «1 
 
 i 
 
 31 
 365 
 337 
 306 
 276 
 245 
 215 
 184 
 153 
 123 
 
 92 
 
 i 
 
 59 
 28 
 365 
 334 
 304 
 273 
 243 
 212 
 181 
 151 
 120 
 
 a 
 •< 
 
 "90 
 59 
 31 
 365 
 335 
 304 
 274 
 243 
 212 
 182 
 111 
 
 120 
 
 89 
 
 61 
 
 30 
 
 365 
 
 334 
 
 304 
 
 273 
 
 242 
 
 212 
 
 181 
 
 151 
 
 i 
 
 isT 
 
 120 
 
 92 
 
 61 
 
 31 
 
 365 
 
 335 
 
 304 
 
 273 
 
 243 
 
 2Ifi 
 
 183 
 
 i.iA 
 
 181 212 
 
 150 181 
 
 122 153 
 
 91 122 
 
 61 92 
 
 30 61 
 
 365 31 
 
 334 365 
 
 303 334 
 
 273 304 
 
 242 273 
 
 213 343 
 
 1 
 
 243 
 
 212 
 
 184 
 
 153 
 
 123 
 
 92 
 
 62 
 
 31 
 
 365 
 
 335 
 
 304 
 
 374 
 
 ^ 
 
 273 
 
 242 
 
 214 
 
 183 
 
 153 
 
 122 
 
 92 
 
 61 
 
 30 
 
 365 
 
 334 
 
 304 
 
 % 
 »5 
 
 304 
 
 273 
 
 245 
 
 214 
 
 184 
 
 153 
 
 123 
 
 92 
 
 61 
 
 31 
 
 365 
 
 335 
 
 1 
 
 334 
 
 303 
 
 275 
 
 244 
 
 214 
 
 183 
 
 153 
 
 122 
 
 91 
 
 61 
 
 30 
 
 365 
 
 Jnnaary ~.... 
 
 March 
 
 April 
 
 
 
 July 
 
 A ugait. ........... 
 
 September.. ••.«... 
 
 October 
 
 November......... 
 
 Decenber 
 
 90 1S1 
 
 
 
 
 
 
 32< 
 
378 
 
 INTEREST MENSURATlOxV. 
 
 CALCULATION OF INTEREST. 
 
 To find the Interest on any number of Dollars for one Year. — Multiply th< 
 gum by the rate per ct., and divide by 100, or cut off the two right-hand figures, an j 
 the answer will be the interest in dollars : but if the original sum be dollars and 
 cents, proceed in the same manner, and the answer will be the interest in cents. 
 To find the interest for more than one year, multiply the answer by the number 
 of years. ♦ What is the interest on f. 550.50 for one year at 5 per cent ? 
 $550.50 cts. 
 5 
 
 Divisor 100)275250(827, 52 eta., 5 mills. 
 
 To find the Interest on any number of Dollars 88,469.32 
 
 and Cents for any number of Days. — Multiply the 25 
 
 sum by the number of days ; divide the product by ■ ■ 
 
 6 ; cut off the two right-hand figures, and the answer 1734660 
 
 will be in dollars, cents, and mills. 693864 
 
 What is the interest on $3,469.32 for 25 days, at 
 
 6 per cent, per annum ? Ans. $14, 45 cts., 5 mills. Divisor 6)8673300 
 
 1445550 
 
 Although the rate of interest may vary from 6 per cent., this method can stilt 
 be used, by adding when it is more and substracting when it is less than 6 pei 
 cent. First find the interest at 6 per cent, as in the preceding example, and 
 then — Add one sixth of itself. for 7 per cent 
 
 Add one third " " 8 per cent. 
 
 Add one half " " 9 per cent. 
 
 Add two thirds " "10 percent. 
 
 Subtract one sixth " " 5 per cent. 
 
 Subtract one third " " 4 per cent. 
 
 MENSURATION. 
 
 To find the Superficial Number of Feet a Board contains. — Multiply tha 
 ifength of the board in feet by the breadth in inches, and divide the product by 
 12 : the quotient is the contents in square feet. If the board is wider at one end 
 than the other, add the breadths of the two ends together, and take half the 
 amount for the mean breadth ; then multiply this by the length, and divide by 13 
 as before. If the length be feet and inches, reduce the whole to inches, multiply 
 it by the breadth, and divide by 144, when the answer will be feet. 
 
 To find the Cubic Contents of Square 
 
 Timber. — Muhiply the width and thick 
 ness in inches together, and this amount 
 by the length in feet : then divide the 
 product by 144 — the answer will be cubic 
 feet. If the length be feet and inches, 
 reduce the length to inches, and multiply 
 as before, dividing the product by 1728": 
 the answer w^ill be cubic feet. 
 
 For Round Timber. — Take the mean 
 diameter of the log clear of the bark ; de- 
 ducting from this diameter one fourth, 
 will give the square of the log ; multiply 
 the square thus found in inches into it- 
 self, and this product by the length in 
 feet ; divide the amount by 144, which 
 will give the cubic contents in feet. 
 
 What are the contents of a board 9 
 feet 8 inches long and 15 inches wideT 
 9 ft. 8 mches=116 inches. 
 15 
 
 580 
 116 
 
 144)1740(12 feet 1 inch. 
 144 
 
 IS 
 
WEIGHTS AND MEASURES. 379 
 
 WEIGHTS AND MEASURES. 
 
 In 1837, Congress passed a law for regulating the weights and measures of the 
 (7nion, by which the secrrtary of the treasury was directed to supply standards 
 of weights, of lengrlh, and of capacity, according to tlie standards of Great Britain, 
 to the governors of states and revenue collectors. The measure of time and cir- 
 cular motion is the same in America and Euroi>e. The Troy weight of England 
 was adopted by the U. S. for weighing coin and bullion. Apothecaries compound 
 their medicines by the Troy lb. and a subdivision of their own. The avoirdupois 
 weight used in England is also our legal standard for weighing all other articles 
 bought and sold by weight The British and the United States statute acre, square 
 yirdC square foot, and square inch, and the mile, yard, foot, and inch, are the same. 
 
 Congress retained the old English wine gallon, as a measure for liquids, and tlie 
 Winchester busliel for grain, &c. ; though England has abandoned both, and sub- 
 stituted what she terms the imperial measure, whether for wines, beer, and other 
 liquids, or dry articles sold by measure ; her imperial gallon is exactly 1 l-5th of 
 our wine gallon, and measures 277.274 solid inches ; our Winchester gallon meas- 
 uring 268.8, or about 8i cubic inches less ; her new bushel is equal to 1.032 of ours ; 
 heaped measure w^as abolished by law in Scotland 200 years ago, tliough not 
 always in practice. England recognises it in recent laws and die United States 
 have sometimes ordered duties to be collected by it. 
 
 Apothecaries' Weight. — 20 grains make I scruple 3 , 3 scruples 1 dram 3 
 8 drams 1 ounce ? ; 12 ounces 1 pound J^. 
 
 (U. S.J Troy Weight. — 24 grains make 1 pennyweight; 20 pennyweights, 1 
 ounce ; 12 ounces 1 pound. 1 lb. Troy is to 1 lb. avoirdupois as 144 is to 175 ; or, 
 5,760 grains make I lb. Troy, and 7,000 grains 1 lb. Avoirdupois. 
 
 fU .SJ Avoirdupois IVeight. — [1 dram or 27 11-32 grains equal 1.7713 
 grammes]— 16 drams make 1 ounoe [equal to 28.334 grammes] ; 16 ounces, 1 
 pound ; 28 pounds, 1 quarter ; 4 quarters, 1 hundred weight ; 20 hundi-ed weight, or 
 2,240 pounds. I ton. 
 
 In Philadelphia, and many other places 2,240 lbs. are generally considered a ton. 
 In the state of New York, unless bv special bargain, 2,000 Iba are a ton. Sales 
 by the lb. are the most common ; nothing is sold by tlie cwi. of 112 lbs. In Avoir- 
 dn[>oi8, 7 lbs. make I clove of wool, and 14 lbs. 1 stone. A pack of wool Is 240 lbs. 
 In Ohio, when sales are made by the bushel, without a special agreement, the 
 following are the legal weightsof a bushel — wheat 60 lbs.; Indian corn 56 ; barley 
 48 ; oats 39 ; rye 56 ; flaxseed 56 ; clovorseed 64. Com is usually sold in the 
 Western States 56 lb."?, to the bushel In Botton, 53 lbs. are considered a bushel 
 of V\'estem com. 36 buslicls, or 574 cubic feet, of English coal make 1 chaldron. 
 
 In freifhlH. by the rules ol the N. Y. Chamber of Commerce, a ton iscomjKised of 
 8 b.irrclsof flour ; 22 bushels of grain, peas, or beans, in casks, or 36 in bulk; 36 bush- 
 els Eamj)oan, or 31 bushels W. I. salt ; 6 barrels of beef, i)ork, tallow, or pickled 
 fisli ; 200 gallons, wine measure, of oil, wine, brandy, or other liquids ; 29 bushels 
 of sea-coal; 40 cubic feet of square tinil)er, oaJt plank, pine, cotton, wool, and bale 
 goodii ; 2,000 lbs. of bar or pig iron, ashes, and all other heavy goods. 
 
 fO. S.J Linear Meannre. — 3 barley-corns make 1 inch; lamches I foot; 3 feet 
 1 vard ; 54 yards 1 nid or pole ; 40 rods I furlong ; 8 furlongs 1 mik). A hand is 
 4 inches ; a fathom 6 fein : 120 fathoms 1 cable's length ; a cubh \\ feet ; 6U4 stat- 
 ute, or 60 sea miles, 1 degree ; 360 degrees a great circle of the earth ; 3 miles are 
 a leafl^ ; 1 link is equal to 7.92 inches; t00-=792 inches, or 66 feet, or 4 rods, or 
 1 cham ; 80 chaiDa=.')20 rods, or 1 mile. 
 
 An English or American mile is 5280 feet : A Dutch mile 24303 feet ; a Ro- 
 ma)> 4884 feet; an Arabian 6444 feet ; a Persian Parasant? 18108 feet; 4 J English 
 miles make 1 German ; 2} English 1 French league ; the Spanish and Poli.sh mile is 
 aboQt 3| English miles ; tlie Russian mile or vcrNl iH alH)ut tlin^^ icxirth of ao 
 English mile ; the Haogarian, Danish, and Swiss mile is between five and tax 
 VngUsh miles ; the Swedish nearly seven. 
 
380 WEIGHTS AND MEASURES. 
 
 Cloth Measvre. — 4 nails or 9 inches make 1 quarter ; 4 quarters, 1 yard. 
 
 (U. S.J Square Measvre. — 144 square inches make 1 square foot; 9 sq. feat, 
 I sq. yard ; 30J sq. yards, 1 sq. rod ; 40 sq. rods, 1 rood ; 4 roods, or 43r)60 feet, 
 1 acre ; 640 acres, 1 sq. mile ; 16 square rods or 10 square chains make an acre. 
 
 (U. S.J Solid Measure. — 1,728 cubic inches make 1 cubic foot; 27 cubic feet, 1 
 cubic yard ; 42 cubic feet, 1 ton of shipping; 40 cubic feet, 1 ton of unhewn tim- 
 ber ; .50 cubic feet 1 ton squared timber. A pile of wood 8 feet long, 4 feet wide, 
 and 4 feet hitrh (or 128 cubic feet), make 1 cord. 
 
 (U. S.J Wine Measvre. — 4 gills make 1 pint; 2 pints. 1 quart; 4 quarts, 1 gal- 
 lon; 31i gallons, 1 barrel ; 63 gallons, 1 hogshead ; 2 hogsheads, 1 pipe ; 2 pipes, 1 
 tun. 
 
 fU. S.J Dry, or Winchester Measure. — 4 gills make 1 pint = 33.6 cubic inches 
 =0.55053 French litres; 2 pints 1 quart =: 67-40 cubic inches = 1.10107 litres, 
 4 quarts 1 gaUon= 268.8 cub. in. = 4.40428 litres; 2 gallons 1 peck = 537.6 cub 
 in. = 8.808 litres; 4 pecks 1 bushel = 2150.42 cub. in. =35.2343 litres; 5 quar- 
 ters 1 wey or load. 
 
 The Winchester bushel is 18^ inches wide and 8 inches deep; it contains 2150 
 2-5 solid inches, being 47 1-5 less than the imperial bushel. Of wheat the bushel 
 is 60 lbs. The barrel of flour contains 5 Winchester bushels, and weighs, net, 196 
 lbs. The barrel of Indian com contains 3 1-8 bushels. The weight of a gallon of 
 molasses is usually 11 lbs. but sometimes 10 or 12. 
 
 British Imperial [neio) Standard Measvre, compared with Winchester and. 
 Wine Measure. — Our extensive dealings with England make it useful for business- 
 men to have an explanation of the difference between the imperial measure for 
 liquids and dry articles, and our Winchester and wine measures, which lattei 
 were formerly used in England. 
 
 By the imperial standard, adopted in England in 1826, 1 gill is = 8.665 solid 
 inches : 4 gills = 1 pint; 2 pints 1 quart; 4 quarts 1 gallon, or 277.274 solid 
 inches; 2 gallons 1 peck ; 4 pecks 1 bushel, or 2218.191 inches; 4 bushels are 1 
 coomb ; 2 coombs (8 bushels) 1 quarter. 
 
 The quarter of wheat is equal to the quarter of a ton of 2240 lbs. or 560 lbs. ; 70 
 lbs. in weight are an English bushel wheat, while 60 lbs. of wheat make our bush- 
 el ; so that the U. 8. wheat bushel is just 6-7ths of the English or imperial, and a 
 quarter of wheat in England is equal to H bushels in the United States, though in 
 capacity to only 8j bushels. 
 
 The U. S. grain gallon measures 268.8 solid inches ; the wine gallon 231 inches ; 
 the imperial measures 277J inches ; 36 of our wine gallons are very nearly equal 
 to 30 imperial gallons. The obsolete English ale and beer gallon measured 282 
 cubic inches. 
 
 The imperial standard gallon is a measure that will hold 10 lbs. avoirdupois of 
 pure (distilled) water, weighed in air at 62° Fahrenheit, the barometer being at 
 30°. 
 
 This is the unit standard in Britain of capacity, for liquids, ale, beer, wine, spir- 
 its, and dry articles not measured by heaped measure. Our Winchester gallon 
 weighs 9 lbs. 10 oz. and 1 3-4 drams of pure water. 
 
 1 Winchester quarter =, 0.96945 of an imperial quarter; 33 Winchester quar- 
 ters = 31.99175 imp. ; 98 W. = 95.00581 imp. ; 100 W. = 96.94470 imp. 
 
 To Reduce the Price of Wheat, in Sterling, per Imperial Quarter, to Dollars 
 and Cents. — Reduce the shillings per quarter into dollars and cents, at 24.2 eta. 
 per shilling, and divide by 9i. the number of U. S. bushels in an imperial quarter. 
 
 Example — Required the price of wheat per U. 8. bushel in Liverpool, when it 
 fetches 58s. 6d. per imperial quarter 58s. 6d. equals 814.15, which, divided by 
 9i gives $1.51^ the price per busheL 
 
rOREIGN WEIGHTS AND MEASURES^ 
 
 38) 
 
 TABLE OF FOREIGN WEIGHTS AND MEASURES 
 
 REDUCED TO THE STANDARD OF THE UNITED STATES. 
 (The two right hand figures aro the hundredth parts of a whole number.) 
 
 FRANCS. 
 
 3-28feet. 
 
 I>ecimetre (1-lOth metre).... 394 inches. 
 
 Velt 200 galls. 
 
 Hectolitre 2642 galls. 
 
 Decalitre 2-64 galls. 
 
 Litre 211 pints. 
 
 Kilolitre 35-32 feet. 
 
 Hectolitre 2-84 bush. 
 
 Decalitre 908 quarts. 
 
 Millier 220.5 lbs. 
 
 Quintal 220-54 lbs. 
 
 Kilogramme 2-21 lbs. 
 
 AKSTEBDAM. 
 
 100 lbs. 1 centner 108-93 lbs. 
 
 Last of grain 85-25 bush. 
 
 \hmof wine 4100 galls. 
 
 Amsterdam foot 0-93 toot. 
 
 Antwerp foot 0-94 foot. 
 
 RhineJand foot 1-03 feet. 
 
 Amsterdamell 2-26 feet 
 
 EU of the Hague 2-28 feet. 
 
 EU of the Brabant 2-30 feet. 
 
 NETHERLANDS. 
 
 EHl 3-28feet. 
 
 MuddeofZak 2-84 bush. 
 
 Vat hpctolitre 26 42 galls. 
 
 Kan litre 2-11 pints. 
 
 Pond kilogramme 2*21 lbs. 
 
 HAMBURO. 
 
 Last of grain 8964 bush. 
 
 Ahm of wine 38-25 tails. 
 
 Hamburg foot 0-96 foot. 
 
 ED l-92feet. 
 
 PBt78.SIA. 
 
 100 lbs. of 2 Cologne marks 
 
 each 10311 lbs. 
 
 Quintal, 110 lbs 113-42 lbs. 
 
 Sheffel of grain 1-56 bush. 
 
 Eimarofwioe 18 14 g»lW, 
 
 Ell of cloth 2-19 feet. 
 
 Foot l-03feet. 
 
 DENMARK. 
 
 100 Ibt. 1 centner 110-28 lbs. 
 
 Barrel or topnde of com 3-95 bush. 
 
 Viertel of wine 2-04 galls. 
 
 Copenhs^en or Rhineland 
 
 foot l^lfeet 
 
 SWEDEN. 
 
 100 lbs. or 5 llspunds 73-76 lbs. 
 
 Kan of com 7-42 bush. 
 
 Lart 75Wbu8h. 
 
 Cum of wine 6909 galls. 
 
 EU of cloth 1-95 teet. 
 
 ,^ „ RtJSSIA 
 
 100 Ibt. of 33 laths each 90-26 lbs. 
 
 Cbertwert of grain 5-95 bush. 
 
 V«dro of wine 3-25 galls. 
 
 Petersburgh foot Mg feet 
 
 ''<*«>'' foot 110 feet 
 
 '•^ 3eiK)lb» 
 
 SPAIN. 
 
 Quintal, or 4 arrobas 101-44 lbs. 
 
 Arroba 25-36 lbs. 
 
 Arrobaofwine 4-43 galls. 
 
 Fanega of grain 160 bush. 
 
 PORTUGAL. 
 
 100 lbs 101 19 lbs. 
 
 22 lbs. (1 arroba) 22 26 lbs. 
 
 4 arrobas of 22 lbs. (1 quintal) 89-05 lbs. 
 
 Alquiere 4-75 bush. 
 
 Mojo of grain 2303 bush 
 
 Last of salt 70-00 bush 
 
 Almudeofwine 4-37 galls. 
 
 SICILY. 
 
 Cantaro groso 192-50 lbs. 
 
 Cantaro sottile 175-00 lbs. 
 
 100 lbs 7000 lbs. 
 
 Salma grossa of grain 9-77 bush. 
 
 Salma generale 7-85 bush. 
 
 Sahnaof wine 2306 galls. 
 
 NAPLES. 
 
 Cantaro groso 19650 lbs. 
 
 Cantaro picolo 106 00 lbs. 
 
 Carro o grain............. 52.24 bush. 
 
 Carroofwine 264-00 galls. 
 
 BOBIE. 
 
 Rubbioof grain 8-36 bush. 
 
 Barih of wine 15-31 galls. 
 
 GENOA. 
 
 100 lbs. or peso groso 76 87 lbs. 
 
 100 lbs. or peso sottile 69-89 lbs. 
 
 Mina of grain 3 43 bush. 
 
 Mezzarola of wine 39-22 galls. 
 
 FLORENCE AND LEGHORN. 
 
 100 lbs. or 1 cantaro 74 86 lbs. 
 
 Moggio of grain 1659 bush. 
 
 Barileof wine 12 04 galls. 
 
 VENICE. 
 
 100 lbs. peso groso 105 18 lbs. 
 
 100 lbs. peso sottile 64 04 lbs. 
 
 Moggio of grain 9 06 bush. 
 
 Aniforaof wine 137 00 galls. 
 
 TRIESTE.' 
 
 100 lbs 123-60 lbs. 
 
 Stajo of grain 2 34 bush. 
 
 Oraa or eimer of wine 14-94 galls. 
 
 Ell for woollens 2-22 feet 
 
 EU for silk 210 feet 
 
 KALTA. 
 
 100 lbs. 1 cantar 174-60 lbs. 
 
 Salma of grain 822 bush 
 
 Foot 85 foot 
 
 SMTRNA. 
 
 100 lbs. (1 qutotal) 129 48 lbs, 
 
 Oke 283 lbs. 
 
 Quillot of grain 1-46 buslv 
 
 Quillot of wine 13-50 galls. 
 
 CHINA. 
 
 Tail 1*33 ox. 
 
 16 tails 1 catty l-33lbs. 
 
 100 catties 1 plcui 133 25 lbs 
 
383 
 
 GOLD AND SILVER COINS. 
 
 TABLE OF GOLD AND SILVER COINS 
 
 WZTH THEIR VALUE, ACCORDING TO WEIGHT. 
 
 GOLD COINS. 
 
 $ OTR. 
 
 United States Double Eagle 20 00 
 
 tnitoA States Eagle (since 1834) 10 00 
 
 United States Eagle (before ia34) 10 50 
 
 United States Half-Eagle (since 1834).. 5 00 
 United States Half-Eagle (before 1834). 5 25 
 
 United States Quarter Eagle 2 50 
 
 California Half-Eagle 4 90 to 5 00 
 
 United States Gold Dollar 1 00 
 
 Doubloon, Mexico, Central America, 
 
 New Granada, Ecuador, Colombia, 
 
 Peru, Bolivia, Chili 15 60 
 
 Doubloon, Spain 16 00 
 
 Half-Doubloon, Bolivia, Peru, &c 7 75 
 
 Half-Doubloon, Spain 8 00 
 
 Quarter-Doubloon, Mexico, Colombia, 
 
 Peru. Bolivia, Chili, &,c 3 75 
 
 Quarter-Doubloon, Spain 4 00 
 
 Eighth-Doubloon, Spain 2 00 
 
 Sixteenth-Doubloon, Mexico, Central 
 
 America, New Granada, &c 90 
 
 Sixteenth-Doubloon, Spain 1 00 
 
 Half-Joe, Brazil 8 50 
 
 Half-Joe, Portugal 6 to 8 50 
 
 Eighth-Joe, Portugal 1 75 
 
 Moidore, Brazil and Portugal... 4 75 to 6 00 
 Tenth-Moidore, Brazil and Portugal ... 50 
 
 Crown, Portugal 5 75 
 
 Dobraon, Portugal 34 00 
 
 Five Sovereigns, England 24 20 
 
 Double Sovereign 9 67 
 
 Sovereign 4 80 to 4 83 
 
 Half-Sovereign 2 41 
 
 Guinea 5 00 
 
 Half-Guinea 2 50 
 
 Third of a Guinea 1 66 
 
 One Mohur, East India Company 6 75 
 
 Double Louis d'or, France 9 00 
 
 Louis d'or 4 50 
 
 Forty Francs 7 66 
 
 Twenty Francs 3 83 
 
 Six Francs 1 12 
 
 Ten Thalera, Germany 7 80 
 
 FiveThalers 3 90 
 
 Frederick d'or, Prussia 3 90 
 
 Double Frederick d'or 7 80 
 
 Sovereign 6 50 
 
 Hnlf-Sovereign 3 25 
 
 Ten Gilders 3 98 
 
 Five Gilders 1 98 
 
 Carolin 4 75 
 
 Half-Carolin 2 85 
 
 Quarter-Carolin 1 18 
 
 Twelve Marks 1 55 
 
 Ducat.... 2 20 
 
 Quadruple Ducat, Austria 8 80 
 
 Twenty-Five Francs 4 75 
 
 Imperial, Russia 7 78 
 
 Half-Imperial, or Five Roubles 3 90 
 
 Hundred Lire, Italian States 19 15 
 
 Eighty Lire 
 
 Forty Lire 7 6fl 
 
 Twenty Lire 3 83 
 
 Ten Lire 1 90 
 
 Sequin 2 20 
 
 Ten Scudo 10 00 
 
 Twenty Drachms, Greece 3 30 
 
 Turkish Gold Coin 24 
 
 SILVER COINS. 
 
 United States Dollar 1 00 
 
 Half-Dollar 50 
 
 Quarter-Dollar 25 
 
 One Dime 10 
 
 Half-Dime 5 
 
 Dollar, Mexico, Central America, New 
 Granada, Colombia, Peru, Chill, 
 
 Argentine Confederation, &c 1 00 
 
 Base Dollar, New Granada 65 
 
 Base Dollar, Bolivia 90 
 
 960 Reis, Brazil and Portugal 98 
 
 1,200 Reis 1 00 
 
 One Real, South American states.. 6 to 12 
 
 Half-Dollar 30 to 50 
 
 Quarter-Dollar 22 to 24 
 
 Spanish Dollar 1 00 
 
 Half-Dollar 40 to 50 
 
 Quarter-Dollar 23 to 24 
 
 Head-Pistareen 18 
 
 Pistareen 16 
 
 Half-Pistareen 8 
 
 Five Pecetas 90 
 
 One Peceta 16 
 
 Crusado, Portugal 60 
 
 Six Vintems 12 
 
 Testoon 6 
 
 Crown, England 1 00 fo 1 12 
 
 Half-crown 50 to 56 
 
 Shilling 23 
 
 Sixpence 11 
 
 Rupee, East India Company 40 
 
 Crown, France 1 06 
 
 Five Francs 93 
 
 Two Francs 34 
 
 One Franc 17 
 
 Crown, Italy 93 to 97 
 
 Scudo 86to 97 
 
 One Livre 17 
 
 Rix-DoUar 93 
 
 Florin 20 
 
 Crown, Gei-many 1 00 to 1 (« 
 
 Thaler 66 to 1 02 
 
 Florin 40 to 45 
 
 Gilder 3fi 
 
 Six Stiver* 6 
 
 Six Kreutzers 2 
 
 Ducatoon, Germany 1 15 
 
 Ducatoon, Belgium 93 
 
 Crown, Switzerland 1 00 
 
 Rix-DoUar, Denmark, Sweden, Nor- 
 way, &c 75 to 1 10 
 
 15 32i Rouble, Russia 73 
 
COPYRIGHT. 383 
 
 LAW OF COPYRIGHT. 
 
 Ant person or persoI]^ being' a citizen or citizens of the United States, or resf- 
 dent therein, who shall be the author or authors of any book or booke, map, obart, 
 ormusical composition, which may be now made or composed, and not printed and 
 published, or shall hereafter be made or composed, or who shall invent, design, etch, 
 engrave, work, or cause to be engraved, etched, or worked, from his own design, 
 any print or engraving, and the executors, administrators, or legal assigns of such 
 person or persons, shall have the sole right and liberty of printing, re-printing, pub. 
 liahing. and vending, such book or booKS, map, chart, musical composition, print, 
 cut, or engraving, in whole or in part, for the terra of twenty-eight years from tho 
 time of recording the title thereof, in the manner hereinafter directed. 
 
 No person shall be entitled to the benefit of this act, unless he shall, before pub- 
 lication, deposite a printed copy of the title of such book, or books, map, chart, musi- 
 cal comixMition^print, cut, or engraving, m the clerk's office of the district court of 
 the district wherein the author or proprietor shall reside ; and no person shall be en- 
 titled to the benefit of this act, unless he shall give information of copyright being 
 ■ecured. by causing to be inserted, in the several copies of each and every edition 
 
 Eablished during the term, secured on the title-page, or the page immediately fol- 
 >wing, if it be a book, or, if a map, chart, musical composition, print, cut, or engra- 
 Ting, by causing to be impressed on the face thereof; or if a volume of maps, charts, 
 music or engravings, upon the title or frontispiece thereof, the following words, viz. : 
 
 ' Entered according to Act of Congress, in the year , by A. B., in the Clerk's 
 
 Office of the District Court of ," (naming the district in which it was entered). 
 
 There is a fine of one hundred dollars for putting on a false copyright notice. 
 
 If any person from and after the recording the title of any book, shall print, 
 publish, or impmrt, or cause to be printed, published, or imported, any copy of such 
 book, without the consent of the person legally entitled to the copyright thereof, 
 first had and obtained in writing, signed in presence of two or more credible wit- 
 Desaes, or shall, knowing the same to be so printed or imported, publish, sell, or ex- 
 pose to sale, or cause to be published, sold, or exposed to sale, any copy of such 
 lxx>k without such consent in writing ; then such oflfender shall forfeit everj' copy 
 of such book to the person legally, at the time, entitled to the copyright thereof; 
 and shall also forfeit and pay hfty cents for every such sheet which may be found 
 io his possession, either printed, or printing, published, imported, or exposed to sale, 
 contrary to the intent of this Act, tne one moiety thereof to such leE:al owner of the 
 copyright as aforesaid, and the other to the use of the United States, to be recover- 
 ed by action of debt in any court having competent jurisdiction thereof 
 
 The penalty for violating the copyright on engravings, maps, &c., by copying 
 either on the whole, or by varying, adding to, or diminishing the main design witn 
 intent to evade the law, or by printing, importing, or selling, or causing either 
 to be done, is forfeiture of the plates or engraving, with all the sheets copied or 
 printed, besides a forfeit of one dollar for every sheet of such map, chart, musical 
 composition, print, cut, or engraving, which may be found printed, published, or 
 exposed for sale, one hnlf to the proprietor, and tlie other half to the United States. 
 An anion must be broui?ht within two years after the cause of action sliall arise. 
 
 A copyright can be renewed for fourteen years by re-entering it six months be- 
 fore the expiration of the first tcmv but the renewal must be published four weeks 
 In one or more newspapers printed in the United States, witnin two months fmm 
 ibo dnte of the renewal. The foe for entering a copyright is fifty cents, aiKi a like 
 «im for a certified copy of tlie record. 
 
 A copy of the book, or whatever is copyrighted, must be deposited in tho clerk's 
 office where it has been entered, witiijn three months from tlio publication of the 
 same, and also a copy delivered to the librarian of the Smithsonian Inrtitution and 
 another copy to the Librarian of the Congress library, at Washington. 
 
 An assignment of copyright, to bo poo<l against a subsequent purchaser, must 
 be ai-knowii.-deod and recorded in the ollice where the origins copyright waj 
 taken out, within sixty days af\cr its execution- 
 
HOTICES OF BEADLE'S AMERICAN LAWYER & FORM-BOOK. 
 
 From the Hon. John W. Edmonds, Judge of the Supreme Court, New York: 
 " I have examined with some care, the American Lawyer and Form-Book, and 
 it aflFords me pleasure to bear testimony to its general accuracy and value. It 
 must be of great service to almost every man of business ; and from the man- 
 ner in which it has been prepared it may be fully relied upon." 
 
 From the Hon, Judge Wm. Kent, of New York : " I have looked over your 
 work and like it exceedingly. It seems to me an admirable compend, and of 
 great use to men of business." 
 
 From the Hon. Henry Clay, of Kentucky : " I have received the copy of the 
 American Lawyer and Business-Man's Form-Book, which you did me the favor 
 to send me, and for which I thank you. Upon looking into it, I find it contains a 
 great variety of well-arranged matter, and adapted to almost every vocation of 
 life. Every man of business would find it useful to resort occasionally to the 
 work. I am respectfully your obedient servant, H. CLAY." 
 
 From the Hon. Judge Ellis Lewis, of the Supreme Court, Petinsylvania : 
 *' I have examined Beadle's American Lawyer and Business-Man's Form Book 
 and know of no work which contains, in so small a space, so much useful inform 
 ation concerning the varied business-interests of society.'' 
 
 From the Hun. John M*Lean, of Ohio, Judge of the U. S. Supreme Court : 
 
 Deau Sir: I have looked through the "American Lawyer and Business Man's Form 
 Book," and I am sure that it will be found a most useful manual to a man of business; 
 however he may bo employed. It gives the forms of contracts which any one may 
 have occasion to enter into, and states with pi-ecision and accuracy the legal effects of 
 such contracts. I have seen no work which comprises so much useful information in 
 regard to business transactions, in so small a space. 
 
 The laws of the respective states, given in relation to contracts, <fec., are useful to the 
 legal profession, to justices of the peace ; and. indeed, to every man actively employed 
 in business. When the merit of the work shall become known, I have no doubt you 
 will meet with a ready sale. With great respect, your ob't serv't, 
 
 JOHN M'LEAN. 
 
 Jefferson F. Jackson, Esq., United States District Attorney for Alabama, xoritea : 
 •' Your book will be of great value to our profession." 
 
 " The highly practical character of the information comprised in this volume, its great 
 scope, and undoubted accuracy, adapt it alike to the convenience of the merchant and 
 the professional man. The author is a young member of the bar, in excellent standing 
 in his profession. From intimate knowledge we do not hesitate to commend his indus- 
 try, precision, and sound judgment. In order to secure the highest degree of accuracy, 
 the author is in correspondence with jurists of each state, submitting to them his labors, 
 and obtaining the latest enactments on each subject. The Maps of each state, bound in 
 the volume, showing the county boundaries, will often be found of great convenience 
 for reference." — Journal of Commerce. 
 
 " A form-book of some kind is almost indispensable to every man doing business, 
 who dreads, as every man ought to dread, the lawyer's office. A thousand occasions 
 occur in which it becomes necessary to observe legal accuracy in the drawing of instru 
 menta and papers, and yet are not of sufficient moment to justify seeking legal advice 
 This work steps in at tiiis point to assist The proper forms and directions for the 
 transaction of all kinds of business, when straightforward and free from intricacy, are 
 given in a systematic manner. Besides, the laws of the various States on questions apt 
 to oome up in practical business, are digested so as to prevent mistakes. A great variety 
 of tables, such as tariff of postage, interest tables, equation of time, mensuration rules, 
 value of coin, weights and measures, are added, of great utility. A map of each State 
 of the Union accompanies the description of the laws and usages of the State. The 
 book shows research, comprehensiveness, and practical tact ; and possesses that brevity 
 and clearness of style, and explicitness of directions, which the business man desires. 
 We should suppose that merchants, tradesmen, and householders generally, would b« 
 apt to find great saving and benefit in the use of it"— New York Evangelist. 
 
 i^'^'-' 
 
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